Queensland Consolidated Acts

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LIQUOR ACT 1992 - SECT 75

Restriction on sale of liquor under producer/wholesaler licence

75 Restriction on sale of liquor under producer/wholesaler licence

(1) Subject to subsection (2) , the holder of a producer/wholesaler licence must not sell liquor to a person other than—
(a) a licensee or permittee; or
(b) a licensee under the Wine Industry Act 1994 ; or
(c) a person engaged in an activity to which this Act is prescribed not to apply, if the sale is for the purpose of that activity; or
(d) a person authorised by a law of the Commonwealth, another State or a Territory or foreign country to sell liquor, or the person’s agent; or
(e) a person exempt from the application of a law of the Commonwealth, another State or a Territory relating to the sale of liquor, or the person’s agent, if the sale is made in circumstances in which the person is so exempt; or
(f) a person who purchases the liquor for export; or
(g) a person who purchases the liquor for stock in a duty free store; or
(h) a person who purchases the liquor to provide it for consumption on ships or aircraft on international journeys; or
(i) a person who purchases the liquor to provide it at Government House, or at a foreign embassy or consulate, as part of official activities at the place; or
(j) a person who purchases the liquor for a religious entity for sacramental purposes.
(2) The holder of a producer/wholesaler licence who is a producer of liquor may—
(a) sell the licensee’s liquor and liquor for which the licensee is a wholesaler to a visitor to the licensed premises for consumption on the premises in association with the visitor eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises; and
(b) sell the licensee’s liquor, for consumption on or off the licensed premises, to a visitor to the licensed premises, if the liquor is sold as a souvenir of the visit; and
(c) to the extent the holder is authorised under section 73 (2) to sell craft beer or artisan spirits produced by the holder to persons at a promotional event—sell the craft beer or artisan spirits to persons at the event.
(3) The holder of a producer/wholesaler licence does not contravene this section by selling liquor during any period—
(a) to the holder’s staff; or
(b) for sampling, promotions or similar purposes;
if such sales do not exceed 2.5% by value of the holder’s total sales of liquor during the period.
(4) This section does not apply to the holder of a producer/wholesaler licence who holds a brewery licence within the meaning of the Excise Act 1901 (Cwlth) , section 77A in relation to the sale by the licensee of the licensee’s liquor.
(5) In this section—

"licensee’s liquor" means liquor produced on the premises to which the licence relates.



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