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LIQUOR (AMENDMENT) ACT 1999 (NO. 51 OF 1999) - SECT 32

Insertion

    After section 93C of the Principal Act the following Division is inserted in Part 10:

Division 2—Under-age drinking

“93D     Definitions

    In this Division—

‘document of identification', of a person, means a document that—

        (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;

‘driver licence' means—

        (a)     a licence under the Motor Traffic Act 1936 ; or

        (b)     a licence issued under a corresponding law of a State;

‘liquor' means a beverage that contains more than 0.5% by volume of ethyl alcohol;
‘proof of age card' includes a document corresponding to a proof of age card that has been issued under the law of a State;
‘responsible adult', for another person, means an adult who—

        (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;

‘spouse', of a person, includes a person living with the person as the person's husband or wife although not legally married to the 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—

‘false document of identification', for a person, means—

        (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.”.



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