Liquor Act 2007 No 90

Currency

As amended to Statute Law (Miscellaneous Provisions) Act 2019 (No 1). Sch 1.19 commenced 1 July 2019. Current to 1 July 2019.

Jurisdiction

Section 145: Proceedings for an offence under this Act or the regulations are to be dealt with summarily before the Local Court.

Time for commencement

Section 146(1): Except as provided by subs (2), proceedings for an offence under this Act or the regulations may be commenced within but not later than 12 mths after the date on which the offence is alleged to have been committed.

Section 146(2): Proceedings for an offence under ss 7, 8, 9, 40(5), 66, 69 or 92 may be commenced within but not later than 3 yrs after the date on which the offence is alleged to have been committed.

Additional penalties may be imposed by the court

Section 148: 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 mths, 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.

Liability of directors

Sections 71 and 71A: If a corporation commits a “corporate offence” a director who aids, abets, counsels or procures, induces, conspires in the commission of the corporate offence is liable to the same penalty for the offence if committed by an individual.

Evidentiary provisions

Section 152(1): Certain allegations in an application, objection, information or complaint are evidence of the truth of the allegation unless the contrary is proved.

Section 152(2): An allegation in any proceedings for an offence under the Act or regulations that at a specified time a person was under the age of 18 yrs is evidence of the truth of the allegation unless the defendant denies the allegation.

Clause 75 of the Liquor Regulation 2008: For the purposes of s 152(2) of the Act, an allegation in relation to any proceedings for an offence under the Act or the Liquor Regulation 2008 is denied as prescribed if it is denied:

(a) 

at any adjournment prior to the commencement of the proceedings — by informing the court, the informant or a person appearing for the informant in writing of the denial, or

(b) 

at any time, not later than 14 days before the hearing of the charge — by informing the informant or a person appearing for the informant in writing of the denial.

Section 152(3): Evidence of delivery or supply of liquor is evidence of a sale of liquor.

Section 152(4): In any proceedings for an offence under s 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.

SECTION DESCRIPTION PENALTY (MAX)
6(13) Person or non-proprietary association fail to comply with a direction under subs (10) 50 pu
7(1) Sell liquor without a licence 100 pu and/or 12 mths
8(1)(a) Open, keep or use premises to sell liquor without licence 100 pu and/or 12 mths
8(1)(b) Permit premises used by other to sell liquor without licence 100 pu and/or 12 mths
8(1)(c) Manage premises open/used to sell liquor without licence 100 pu and/or 12 mths
8(1)(d) Assist at premises open/used to sell liquor without licence 100 pu and/or 12 mths
8(2) On/entering/leaving premises selling liquor without licence 5 pu
9(1) Licensee/employee etc sell/supply liquor contravene
licence/not in accordance with authority

100 pu and/or 12 mths

9(2) Licensee keep premises open/sell/supply liquor outside authorised hours 100 pu and/or 12 mths
9(3) Licensee etc sell liquor not at authorised premises 100 pu and/or 12 mths
11(2) Licensee fail to comply with conditions of licence 100 pu and/or 12 mths
73(1) Licensee permit intoxication/indecency/violence etc on licensed premises 100 pu
73(2) Licensee/employee sell/supply liquor to intoxicated person 100 pu
73(3) Person (not licensee) supply liquor to intoxicated person 10 pu
74(1) Licensee permit sale of suspected stolen goods/prohibited plant/drug 100 pu
74(2) Licensee permit possession/use of prohibited plant/drug 100 pu
74(3) Employee/agent permit sale of suspected stolen goods/prohibited plant/drug 100 pu
74(4) Employee etc permit possession/use of prohibited plant/drug 100 pu
75(3) Licensee, employee or agent not comply with direction 100 pu
77(4) Excluded person fail to leave premises when required 50 pu
77(6) Excluded person re-enter/attempt to re-enter premises 50 pu
77(8) Excluded person remain/re-enter in vicinity of licensed premises 50 pu
78(8) Banning ordered person enter/remain on licensed premises 50 pu
82(6) Licensee fail to comply with short-term closure order 50 pu and/or 6 mths
84(7) Licensee fail to comply with long-term closure order Indiv 50 pu and/or 6 mths
Corp 250 pu
86(2) Licensee fail to comply with closure order — breach of peace 50 pu and/or 6 mths
88(1) Licensee permit patron’s entry — late hour entry declaration 50 pu
92(1)(a) Licensee allow supervision of business for more than 6 weeks 50 pu
92(1)(b) Licensee lease or sublease right to sell liquor on premises 50 pu
92(1)(c) Licensee lease or sublease prescribed area of premises 50 pu
92(1)(d) Licensee lease or sublease area without Authority approval 50 pu
92(2)(a) Owner lease or sublease prescribed area of premises to other 50 pu
92(2)(b) Owner lease or sublease other area of premises to other/without Authority approval 50 pu
93 Licensee not notify Authority premises ceased to trade 50 pu
95(1) Licensee not display sign with prescribed particulars 5 pu
95(2) Licensee alter name of premises without approval/endorsement 5 pu
95(4) Licensee display sign with prohibited name for premises 5 pu
97(5) Licensee not display sign near breath analysis instrument 20 pu
100(2) Licensee sell/supply declared undesirable liquor product 50 pu
101(7) Licensee not comply notice re undesirable liquor products 50 pu
102(3) Licensee not comply notice re undesirable promotion of liquor 50 pu
102A Licensee not comply with notice re restricting or prohibiting any activity specified in the notice 50 pu
103(1) Hotelier not close/keep closed bar areas outside authorised times 20 pu
103(2) Packaged liquor licensee not close etc areas outside authorised times 20 pu
104(1) Person in hotel bar area before or after authorised times 5 pu
104(5) In bar area before or after authorised times — hotelier liable 20 pu
107(1) Fail to produce licence to police officer/inspector on request 5 pu
108(1) Extend/offer to extend cash advance etc to enable gambling 100 pu
109(1) Falsely describe cash advance as payment for goods etc 100 pu
110(1)(a) Indicate by sign sale of liquor from premises not licensed 50 pu
110(1)(b) Falsely indicate by sign licensed premises of a kind 50 pu
110(1)(c) Falsely indicate by sign authorised to sell/supply liquor 50 pu
111(1) Carry away liquor from premises with on-premises licence 5 pu
112 Falsely represent resident/guest or intention to eat meal/intend to purchase etc product/service or attending function or employee/agent to obtain/attempt to obtain liquor 5 pu
113(1)(a) Carry liquor about for the purpose of sale 20 pu
113(1)(b) Offer/expose liquor for sale at place not lawful to be sold 20 pu
113(1)(c) Carry liquor for sale to a place not lawful to be sold 20 pu
114(1) Licensee not display licence number in advertisement etc 20 pu
114(2) Licensee not display licence number on internet site etc 20 pu
114(3) Licensee not get proof of age/provide delivery instructions 20 pu
114(7) Minor take delivery of liquor sold by telephone/internet etc 20 pu
114(8) Order/request minor to take delivery of liquor sold by telephone etc 30 pu
116E(3) Producing false ID to enter high risk venue 50 pu
116F(5) Person subject to a temporary banning order enter or attempt to enter or remain on licensed premises in the prescribed precinct 50 pu
116G(8) Person subject to long-term banning order enter or attempt to enter or remain on any high risk venue 100 pu
117(1) Sell liquor to a minor 100 pu and/or 12 mths
117(2) Supply liquor to a minor on licensed premises 100 pu and/or 12 mths
117(4) Supply liquor to a minor on other premises not parent etc 100 pu and/or 12 mths
117(6) Obtain liquor for minor from licensed premises not parent 100 pu and/or 12 mths
117(8) Licensee allow liquor to be sold or supplied to minor 100 pu and/or 12 mths
118(1)(a) Minor consume liquor on licensed premises 20 pu
118(1)(b) Minor consume liquor in unlicensed restaurant without permission parent etc 20 pu
118(1)(c) Minor obtain/attempt to obtain liquor on licensed premises 20 pu
118(1)(d) Minor carry/attempt to carry liquor away from licensed place 20 pu
118(2) Send/order/request a minor go to licensed premises to obtain liquor 30 pu
119 Licensee cause/allow minor to sell/supply/serve liquor without approval 50 pu
120(1) Responsible adult allow the minor to consume liquor on licensed premises 30 pu
122(5) Licensee contravene minors functions authorisation condition 20 pu
123(1)(a) Minor enter or remain in bar area of hotel or club 20 pu
123(1)(b) Minor enter/remain in minors authorisation area without adult 20 pu
123(1)(b1) Minor enter or remain in small bar during trading hours 20 pu
123(1)(c) Minor enter/remain in licensed public entertainment venue 20 pu
124(1)(a) Licensee allow minor enter bar area of hotel/club 50 pu
124(1)(b) Licensee allow minor enter minors authorisation area 50 pu
124(1)(b1) Licensee allow minor to enter or remain in small bar during trading hours 50 pu
124(1)(c) Licensee allow minor enter licensed public entertainment venue 50 pu
124(2)(a) Licensee not remove minor from bar area of hotel or club 50 pu
124(2)(b) Licensee not remove minor from minors authorisation area 50 pu
124(2)(b1) Licensee not remove minor from small bar during trading hours 50 pu
124(2)(c) Licensee not remove minor from licensed public entertain venue 50 pu
125(1) Responsible adult leave minor unaccompanied in hotel etc 30 pu
126 Responsible person not refuse entry to suspected minor 50 pu
127(3) Regulations under s 127 may create offences 50 pu
128(2) Refuse/fail to state full name/address/date of birth/produce evidence of age document 20 pu
129 Minor use false evidence of age document to gain entry etc 20 pu
138(5) Fail to comply with requirement of Director-General 20 pu
159(3) Regulations may create offences 50 pu
Sch1, cl 18(1) Make false document to be taken as proof of age card 30 pu
Sch1, cl 18(2) Give false document to be taken as proof of age card 30 pu
Sch1, cl 18(3) Aggravated make or give false proof of age card 50 pu
Sch1, cl 19 Give or lend proof of age card to be used by another/to obtain proof of age card 30 pu
Sch1, cl 20 Wilfully or negligently alter/deface/interfere with a proof of age card 30 pu

Forfeiture and seizure of liquor

Section 151(1), (2), (4): On conviction for an offence under ss 7, 9(1)(b) or 113, liquor and containers shall be forfeited to the Crown.

Section 151(3): Any liquor and vehicle, boat or other thing in which the liquor was being carried, offered or exposed is forfeited to the Crown.

Section 151(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.

Liquor Regulation 2018

Currency

Amended by Liquor Amendment (Tiered Industry Training Framework) Regulation 2019 (317 of 2019). Commenced 5 July 2019. Current to 16 July 2019.

CLAUSE DESCRIPTION PENALTY (MAX)
50(1) Licensee not display prescribed notice in licensed premises 20 pu
51(1) Licensee not display prescribed notice on website 20 pu
52(2) Licensee not display prescribed notice in bar areas of hotels and clubs 20 pu
53(1) Licensee not display prescribed notice in small bar area 20 pu
54(1) Licensee not display prescribed notice in minors area 20 pu
54(2) Licensee not display prescribed notice in entertainment area 20 pu
63(1)(a) Staff members of licensed premises in a prescribed precinct
sell, supply, serve liquor without current recognised RSA certification
20 pu
63(1)(b) Staff members of licensed premises not in a prescribed precinct
cause/permit sale etc liquor without current recognised RSA certification
10 pu
63(2) Licensee cause/permit staff member to sell, supply or serve liquor
without recognised competency card with current industry RSA endorsement

50 pu

63(3) Licensee must not sell, supply or serve liquor by retail on premises, or cause/permit same, unless they hold recognised competency card with a current RSA endorsement, and
  • for tier 1 licensed premises – a current licensee endorsement; and

  • for tier 2 licensed premises – a current licensee endorsement and a current advanced licensee endorsement

50 pu
63(4) Manager of licensed premises must not sell, supply or serve liquor by retail on premises, or cause/permit same, unless they hold a current RSA endorsement, and
  • for tier 1 licensed premises – a current licensee endorsement; and

  • for tier 2 licensed premises – a current licensee endorsement and a current advanced licensee endorsement

50 pu
64(1) Crowd controller/bouncer without recognised competency card with current industry RSA endorsement
  • if licensed premises are in a prescribed precinct

  • if licensed premises are not in a prescribed precinct

 

 

20 pu

10 pu

64(2) Employ crowd controller/bouncer without a recognised competency card with current RSA industry endorsement 50 pu
64(3) Licensee or manager of tier 1 licensed premises
must not employ crowd controller/bouncer without a
recognised competency card with current licensee RSA endorsement
50 pu
64(4) Licensee or manager of tier 2 licensed premises must not employ crowd controller/bouncer without a recognised competency card with current licensee RSA endorsement and current advanced licensee RSA endorsement 50 pu
65(1) marshal carry out supervisory duties without recognised competency card with current industry RSA endorsement
  • if licensed premises are in a prescribed precinct

  • if licensed premises are not in a prescribed precinct

 

 

20 pu

10 pu

65(2) Employ marshal without a recognised competency card with current industry RSA endorsement 50 pu
65(3) Licensee or manager of tier 1 licensed premises must not employmarshal without a recognised competency card with current licensee RSA endorsement 50 pu
65(4) Licensee or manager of tier 2 licensed premises must not
employ marshal without a recognised competency card
with current licensee RSA endorsement
and current advanced licensee RSA endorsement
50 pu
76(8) Work as an employee on any licensed premises if
recognised competency card suspended or person disqualified
50 pu
76(9) Not surrendering recognised competency card if suspended/revoked 20 pu
84(4) Licensee not complying with notice during promotion or advertisement involving discounting of liquor 50 pu
106(1) Staff member in a prescribed precinct use patron ID scanner without recognised competency card with current privacy endorsement 20 pu
106(2) Licensee in a prescribed precinct cause/permit staff member to use patron ID scanner without recognised competency card with current privacy endorsement 50 pu
106(3) Licensee in a prescribed precinct use patron ID scanner without licensee holding recognised competency card with current privacy endorsement 50 pu