Australian Capital Territory Numbered Acts

LIQUOR ACT 2010 (NO. 35 OF 2010) - SECT 111

    (1)     A person commits an offence if—

        (a)     the person is an employee of a licensee; and

        (b)     the person supplies liquor or low-alcohol liquor to another person; and

        (c)     the other person is a child or young person; and

        (d)     the supply happens at the licensed premises.

Maximum penalty: 10 penalty units.

    (2)     A person commits an offence if—

        (a)     the person is an employee of a permit-holder; and

        (b)     the person supplies liquor or low-alcohol liquor to another person; and

        (c)     the other person is a child or young person; and

        (d)     the supply happens at the permitted premises.

Maximum penalty: 10 penalty units.

    (3)     An offence against this section is a strict liability offence.

    (4)     This section does not apply in relation to a young person at licensed premises if the young person—

        (a)     was at least 16 years old at the time of the offence; and

        (b)     had, before the time of the offence, shown 1 or more of the following people an identification document identifying the young person as an adult:

              (i)     the defendant;

              (ii)     the licensee;

              (iii)     a crowd controller working as a crowd controller at the premises.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).

    (5)     This section does not apply in relation to a young person at permitted premises if the young person—

        (a)     was at least 16 years old at the time of the offence; and

        (b)     had, before the time of the offence, shown 1 or more of the following people an identification document identifying the young person as an adult:

              (i)     the defendant;

              (ii)     the permit-holder;

              (iii)     a crowd controller working as a crowd controller at the premises.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).

    (6)     In a prosecution for an offence against this section, a substance supplied to a person is presumed to be liquor if—

        (a)     the substance is supplied to the person in an adults-only area at the premises; and

        (b)     a police officer gives evidence—

              (i)     that the police officer saw the substance being supplied to the person; and

              (ii)     that the police officer believes on reasonable grounds that the substance is liquor.

Note     A person rebutting the presumption in s (6) bears an evidential burden in relation to the rebuttal (see Criminal Code, s 58).