Western Australian Numbered Acts

LIQUOR AND GAMING LEGISLATION AMENDMENT ACT 2006 (NO. 73 OF 2006) - SECT 7

7 .         Section 3A inserted

                After section 3 the following section is inserted —

“
3A.         Meaning of “drunk”

        (1)         A person is "drunk" for the purposes of this Act if —

            (a)         the person is on licensed premises or regulated premises; and

            (b)         the person’s speech, balance, co-ordination or behaviour appears to be noticeably impaired; and

            (c)         it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor.

        (2)         If an authorised officer or a person on whom a duty is imposed under section 115 decides, in accordance with subsection (1), that a person is drunk at a particular time, then, in the absence of proof to the contrary, that person is to be taken to be drunk at that time.

”.