Australian Capital Territory Numbered Acts

LIQUOR AMENDMENT ACT 2017 (NO. 13 OF 2017) - SECT 72

substitute

138     Offence—remain in or re-enter vicinity of premises

    (1)     A person commits an offence if—

        (a)     the person has been refused admission to or turned out of premises under section 143B; and

        (b)     the person—

              (i)     remains in the vicinity of the premises; or

              (ii)     re-enters the vicinity of the premises within 6 hours after being refused admission or turned out.

Maximum penalty: 20 penalty units.

    (2)     Subsection (1) does not apply if the person—

        (a)     reasonably fears for the person's safety if the person does not remain in or re-enter the vicinity of the premises; or

        (b)     must remain in or re-enter the vicinity of the premises to get transport; or

        (c)     lives in the vicinity of the premises.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code

, s 58).

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

    (4)     In this section:

"vicinity" of premises means any place that is less than 50m from any point on the boundary of the premises.