Northern Territory Numbered Acts

ALCOHOL REFORM (LIQUOR LEGISLATION AMENDMENT) ACT 2011 (NO 17 OF 2011) - SECT 43

Section 106C

repeal, insert

106C     Offence relating to irresponsible sale or supply of liquor to children

    (1)     A person must not sell or otherwise supply liquor to a child unless:

    (a)     the person is a responsible adult for the child; and

    (b)     the sale or supply is consistent with the responsible supervision of the child.

Maximum penalty:     100 penalty units.

    (2)     The following matters must be taken into account in considering whether the sale or supply is consistent with the responsible supervision of the child:

    (a)     whether the adult is drunk;

    (b)     whether the child is drunk;

    (c)     the age of the child;

    (d)     whether the child is consuming the liquor with food;

    (e)     whether the adult is responsibly supervising the child's consumption of the liquor;

    (f)     the quantity of, and the period over which, the liquor was sold or supplied.

    (3)     In this section:

"responsible adult", for a child, means each of the following:

    (a)     an adult who is a parent, step-parent or guardian of the child;

    (b)     an adult who has parental rights and responsibilities for the child.

106CA     Sale or supply of liquor to, or consumption or possession of, liquor by children on licensed premises

    (1)     Despite any other provisions of this Act, a person must not:

    (a)     sell or otherwise supply liquor to a child on licensed premises; or

    (b)     permit someone else to sell or otherwise supply liquor to a child on licensed premises; or

    (c)     engages in conduct that results in a child being sold or otherwise supplied with liquor, or consuming liquor, on licensed premises.

Maximum penalty:     85 penalty units.

    (2)     It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that:

    (a)     the person to whom the liquor was sold or supplied was at least 16 years of age; and

    (b)     before the liquor was sold or supplied to the person, the defendant was provided with a form of identification that may reasonably be accepted as:

        (i)     a form of identification of the person; and

        (ii)     indicating that the person was an adult.

    (3)     In addition, it is a defence to a prosecution for an offence against subsection (1) if the defendant is a licensee, or employee of the licensee, who establishes that:

    (a)     in the particular circumstances of the alleged offence:

        (i)     the liquor was sold or supplied to an adult who is the child's parent, guardian or spouse and accompanying the child; and

        (ii)     the defendant reasonably expected that adult would ensure compliance with that subsection in relation to the child; or

    (b)     all of the following:

        (i)     the defendant did not personally sell or supply the liquor to the child;

        (ii)     the business of the licensed premises was not conducted in a way that would entice children to consume liquor;

        (iii)     the defendant exercised proper diligence to prevent the sale, supply or consumption of liquor by children in contravention of that subsection.

    (4)     A child must not consume, or be in possession of, liquor on licensed premises.

Maximum penalty:     20 penalty units.

    (5)     An offence against subsection (4) is an offence of strict liability.