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Contents (2007 - 90)
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Liquor Act 2007 No 90
Current version for 1 December 2019 to date (accessed 7 December 2019 at 00:26)
Part 10
Part 10 Criminal proceedings and related matters
145   Proceedings for offences
Proceedings for an offence under this Act or the regulations are to be dealt with summarily before the Local Court.
146   Time within which proceedings for offences may be commenced
(1)  Except as provided by subsection (2), proceedings for an offence under this Act or the regulations may be commenced within but not later than 12 months after the date on which the offence is alleged to have been committed.
(2)  Proceedings for an offence under section 7, 8, 9, 40(5), 66, 69 or 92 may be commenced within but not later than 3 years after the date on which the offence is alleged to have been committed.
147   (Repealed)
148   Additional penalties may be imposed by court
(1)  In addition to any other penalty that a court may impose on a licensee or other person for an offence under this Act or the regulations, the court may, if it thinks it appropriate, do any one or more of the following—
(a)  reprimand the licensee or person,
(b)  impose a condition to which a licence is to be subject,
(c)  suspend a licence for such period, not exceeding 12 months, as the court thinks fit,
(d)  cancel a licence,
(e)  disqualify the licensee from holding a licence for such period as the court thinks fit,
(f)  withdraw the person’s approval to manage licensed premises,
(g)  disqualify the person from being the holder of an approval to manage licensed premises for such period as the court thinks fit,
(h)  give such directions as to the exercise of the licence as the court thinks fit.
(2)  Any condition imposed on a licence by a court under subsection (1)(b) may be revoked or varied by the court on application by the licensee, the Authority, the Secretary or the Commissioner of Police.
149   Licensees and managers liable for act of employees etc
If, in contravention of this Act or the regulations—
(a)  an employee or agent of a licensee, or
(b)  an employee or agent of the manager of licensed premises, or
(c)  a person acting, or purporting to act, on behalf of a licensee or the manager of licensed premises,
sells or supplies liquor on the licensed premises, the licensee or manager (as the case requires) is guilty of an offence and liable to the punishment specified for the contravention.
149A   General defence available to managers of club premises
(1)  It is a sufficient defence to a prosecution of a manager of club premises for an offence under this Act or the regulations (including any offence for which the manager is liable because of section 91 or 149) if it is proved that—
(a)  the manager had taken all reasonable precautions to avoid commission of the alleged offence, and
(b)  at the time of the alleged offence the manager did not know, and could not reasonably be expected to have known, that the alleged offence had been committed.
(2)  However, subsection (1) does not apply in relation to any of the following offences—
(a)  an offence under section 73(1)(a) (permitting intoxication on licensed premises),
(b)  an offence under section 75(3) (failure to comply with direction by Secretary),
(c)  any offence under this Act or the regulations in respect of which a defence is specifically available to the manager of club premises,
(d)  any other offence under this Act or the regulations that is prescribed by the regulations for the purposes of this subsection.
150   Penalty notices
(1)  An authorised officer may issue a penalty notice to a person if it appears to the officer that the person has committed a penalty notice offence.
(2)  A penalty notice offence is an offence against this Act or the regulations that is prescribed by the regulations as a penalty notice offence.
(3)  The Fines Act 1996 applies to a penalty notice issued under this section.
Note.
 The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish to have the matter determined by a court, the person may pay the amount specified in the notice and is not liable to any further proceedings for the alleged offence.
(4)  However—
(a)  section 22A(1) of the Fines Act 1996 does not apply in relation to disciplinary action under Part 9 or 9A of this Act, and
(b)  despite section 22A(2) of the Fines Act 1996, when an amount is paid under this section in respect of a penalty notice issued to a person, the person is, for the purposes of Part 9 of this Act, taken to have been convicted of the offence to which the penalty notice relates.
(5)  The amount payable under a penalty notice issued under this section is the amount prescribed for the alleged offence by the regulations (not exceeding the maximum amount of penalty that could be imposed for the offence by a court).
(6)  This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be taken in respect of offences.
(7)  In this section—
authorised officer means a police officer or an inspector.
151   Forfeiture and seizure of liquor and other things
(1)  If a person is found guilty of an offence under section 7, any liquor that was, at the time of the commission of the offence, in the person’s possession or apparently under the person’s control is forfeited to the Crown.
(2)  If the holder of a producer/wholesaler licence, or an employee or agent of such a licensee, is found guilty of an offence under section 9(1)(b) of selling liquor that is not authorised to be sold under the licence, any liquor (other than liquor the licensee is authorised to sell under the licence) that was, at the time of the commission of the offence, in the licensee’s possession or apparently under the licensee’s control is forfeited to the Crown.
(3)  If a person is found guilty of an offence under section 113—
(a)  any liquor to which the offence relates, and
(b)  any vehicle, boat or other thing in which the liquor was being carried, offered or exposed,
is forfeited to the Crown.
(4)  If a licence is cancelled under this Act, any liquor found, not earlier than 7 days after the cancellation takes effect, in the former licensee’s possession on the former licensed premises is forfeited to the Crown.
(5)  A police officer or inspector may seize and carry away anything that the officer or inspector reasonably suspects may be liable to forfeiture under this section.
(6)  For the purposes of this section, liquor includes any bottle or other container in which the liquor is contained.
152   Evidentiary provisions
(1)  In any proceedings for an offence under this Act or the regulations, any one or more of the following allegations (however expressed) is evidence of the truth of the allegation unless the contrary is proved—
(a)  that a specified person was or was not the holder of a licence or a specified kind of licence at a specified time or during a specified period,
(b)  that a specified licence was or was not subject to a specified condition at a specified time or during a specified period,
(c)  that a specified authorisation to which section 51 applies was or was not in force at a specified time or during a specified period,
(d)  that a specified licence was or was not endorsed with a specified endorsement at a specified time or during a specified period,
(e)  that a specified person was or was not the secretary or an office holder of a specified non-proprietary association at a specified time or during a specified period,
(f)  that a specified licence was or was not held by a specified person on behalf of a specified non-proprietary association at a specified time or during a specified period,
(g)  that a specified body or association was or was not a specified non-proprietary association at a specified time or during a specified period,
(h)  that a specified licence was or was not suspended or cancelled at a specified time or during a specified period,
(i)  that specified premises were or were not licensed premises at a specified time or during a specified period,
(j)  that a specified part of premises was or was not a bar area at a specified time or during a specified period,
(k)  that specified hours were or were not the trading hours of specified licensed premises at a specified time or during a specified period,
(l)  that specified premises were subject to a closure order under this Act at a specified time or during a specified period,
(m)  that a minors area authorisation or minors functions authorisation was or was not in force in respect of a specified part of any premises at a specified time or during a specified period,
(n)  that a specified person has or has not been approved by the Authority as a person who may be appointed as the manager of licensed premises,
(n1)  that a specified person is or was, at a specified time or during a specified period, a staff member of licensed premises situated in a prescribed precinct,
(n2)  that a specified person was, at a specified time or during a specified period, the manager of a high risk venue within the meaning of section 116AA (as in force before its repeal by the Liquor Amendment (Reviews) Act 2017) or 116B,
(o)  that a specified person is or was, at a specified time or during a specified period, the Secretary,
(p)  that a specified person is or was, at a specified time or during a specified period, a delegate of the Minister, the Commissioner of Police, the Authority or the Secretary to whom a specified function has been delegated under this Act or the Gaming and Liquor Administration Act 2007,
(q)  that a specified person is or was, at a specified time or during a specified period, an inspector,
(q1)  that a specified person is or was, at a specified time or during a specified period, an authorised person for the purposes of section 77,
(r)  that a liquid or other substance is liquor.
(2)  In any proceedings for an offence under this Act or the regulations, an allegation that, at a specified time, a person was under the age of 18 years is evidence of the truth of the allegation unless the defendant denies the allegation in the manner prescribed by the regulations.
(3)  In any proceedings for an offence under this Act or the regulations, evidence of delivery or supply of liquor is evidence of a sale of the liquor.
(4)  In any proceedings for an offence under section 9(2), liquor is taken to have been sold or consumed on the licensed premises to which the proceedings relate regardless of whether the licensee took or carried, or caused another person to take or carry, the liquor out of the licensed premises for the purpose of being sold or consumed at another place occupied by the licensee or in a public place.