Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsAfter section 93C of the Principal Act the following Division is inserted in Part 10:
“ Division 2—Under-age drinking
“93D Definitions
In this Division—
(a) is a driver licence, proof of age card or passport;
(b) contains a photograph that could reasonably be taken to be of the person; and
(c) indicates that the person to whom the document was issued is at least 18 years old;
(a) a licence under the Motor Traffic Act 1936 ; or
(b) a licence issued under a corresponding law of a State;
(a) is a parent, step-parent, guardian, person acting in place of a parent, carer or spouse of the other person; and
(b) could reasonably be expected to exercise responsible supervision of the other person;
“93E Sale or supply of liquor to under-age persons
“(1) A person shall not sell or supply liquor to a person under 18 years old on premises where the sale or supply of liquor is authorised or in a public place.
Penalty:
(a) if the offender is a natural person—50 penalty units;
(b) if the offender is a body corporate—250 penalty units.
“(2) In a proceeding for an offence against subsection (1) it is a defence if the defendant proves that—
(a) the person to whom the liquor was sold or supplied was at least 16 years old; and
(b) when the liquor was sold or supplied, the person had shown a document of identification to the person selling or supplying the liquor.
“(3) The holder of a licence or permit, or an employee of the holder of a licence or permit, may refuse to sell or supply liquor to a person unless the person satisfies the holder of the licence or permit, or the employee, of his or her age by showing a document of identification.
“(4) Subsection (3) does not limit the circumstances in which a person may refuse to sell or supply liquor.
“93F Offence by licensee for possession or consumption of liquor by under-age persons
“(1) The licensee commits an offence if a person under 18 years old possesses or consumes liquor on the licensed premises.
Penalty:
(a) if the offender is a natural person—50 penalty units;
(b) if the offender is a body corporate—250 penalty units.
“(2) In a proceeding for an offence against subsection (1) it is a defence if the licensee proves that—
(a) the person was at least 16 years old; and
(b) the person had shown a document of identification to the licensee (or an employee of the licensee).
“(3) This section does not apply to the possession of liquor by a person—
(a) in the course of the person's employment; or
(b) in the course of a training program conducted by—
(i) the Canberra Institute of Technology; or
(ii) a person approved in writing by the registrar.
“93G Buying, possession and consumption of liquor by under-age persons
“(1) A person under 18 years old shall not—
(a) buy liquor; or
(b) possess or consume liquor on premises where the sale or supply of liquor is authorised or in a public place.
Penalty: 5 penalty units.
“(2) This section does not apply to the possession of liquor by a person—
(a) in the course of the person's employment; or
(b) in the course of a training program conducted by—
(i) the Canberra Institute of Technology; or
(ii) a person approved in writing by the registrar.
“93H Sending under-age persons to obtain liquor
A person shall not, without reasonable excuse, send a person under 18 years old to buy or collect liquor on or from premises to which a licence or permit relates.
Penalty: 10 penalty units.
“93I Entry to bar-rooms by under-age persons etc
“(1) A person under 18 years old commits an offence if the person enters or remains in a bar-room on licensed premises except in the care of a responsible adult.
Penalty: 5 penalty units.
“(2) This section does not apply if the person is attending a function in the bar-room for persons under 18 years old that is conducted by the licensee.
“(3) This section does not apply if the person enters the bar-room—
(a) in the course of the person's employment; or
(b) in the course of a training program conducted by—
(i) the Canberra Institute of Technology; or
(ii) a person approved in writing by the registrar.
“93J Licensee allowing entry to bar-rooms by under-age persons
“(1) The licensee commits an offence if a person under 18 years old is in a bar-room on the licensed premises except in the care of a responsible adult.
Penalty:
(a) if the offender is a natural person—50 penalty units;
(b) if the offender is a body corporate—250 penalty units.
“(2) This section does not apply to a licensee if the person under 18 years old enters the bar-room—
(a) in the course of the person's employment; or
(b) in the course of a training program conducted by—
(i) the Canberra Institute of Technology; or
(ii) a person approved in writing by the registrar.
“(3) In a proceeding for an offence against subsection (1), it is a defence, if the licensee proves that—
(a) the person was at least 16 years old; and
(b) the person had shown a document of identification to the licensee or an employee of the licensee on or after entering the bar-room.
“(4) In a proceeding for an offence against subsection (1), it is also a defence if the licensee proves that the person was attending a function in the bar-room for persons under 18 years old that was conducted by the licensee in accordance with the Licensing Standards Manual.
“93K False identification
“(1) A person shall not use someone else's identification, or a form of identification that is forged or fraudulently altered—
(a) to obtain entry to or remain in a bar-room on licensed premises;
(b) to buy liquor; or
(c) to obtain a proof of age card.
Penalty: 10 penalty units.
“(2) If the holder of a licence or permit, or an employee of the holder of a licence or permit, believes on reasonable grounds that a document shown to the person is a false document of identification, the person may seize the document.
“(3) If a person seizes a document under subsection (2), the person shall give the document to the registrar within 72 hours.
Penalty:
(a) if the offender is a natural person—5 penalty units;
(b) if the offender is a body corporate—25 penalty units.
“(4) The holder of a licence or permit shall make a record of—
(a) each document seized by the holder, or an employee of the holder, under subsection (2);
(b) the date and time when, and the person who, seized the document;
(c) the reason the document was seized; and
(d) the date and time when the document was given to the registrar under subsection (3).
Penalty:
(a) if the offender is a natural person—5 penalty units;
(b) if the offender is a body corporate—25 penalty units.
“(5) The holder of a licence or permit shall keep a record made under subsection (4) for at least 2 years—
(a) for the holder of a licence—at the licensed premises; or
(b) for the holder of a permit—at the place approved in writing by the registrar.
Penalty:
(a) if the offender is a natural person—5 penalty units;
(b) if the offender is a body corporate—25 penalty units.
“(6) In this section—
(a) a proof of age card that has been forged, fraudulently altered or obtained, or issued to someone else; or
(b) a driver licence that has expired or has been forged or fraudulently altered.”.