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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Liquor Licensing (Supply to Minors) Amendment
Bill 2012
A BILL FOR
An Act to amend the Liquor
Licensing Act 1997.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Liquor Licensing
Act 1997
4Amendment of section 110—Supply by
licensee or on licensed premises
5Insertion of section
110A
110ASupply in other
circumstances
6Repeal of section 114
7Amendment of section
115—Evidence of age
8Repeal of section 117
9Amendment of section
123—Power to enter and search premises and confiscate liquor
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Liquor Licensing (Supply to Minors)
Amendment Act 2012.
This Act will come into operation 3 months after the day on which it is
assented to by the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Liquor Licensing
Act 1997
4—Amendment
of section 110—Supply by licensee or on licensed
premises
(1) Section 110(5)—delete subsection (5) and substitute:
(5) A minor who consumes or has possession of liquor on licensed premises
is guilty of an offence.
(5a) This section does not apply to the gratuitous supply of liquor to, or
the consumption or possession of liquor by, a minor if—
(a) the liquor is supplied to the minor by an adult guardian or spouse of
the minor or by an adult who is authorised to do so by an adult guardian or
spouse of the minor; and
(b) in the case of liquor supplied to a minor on licensed premises, the
minor is resident on the licensed premises and is a child of—
(i) the licensee; or
(ii) a responsible person for the licensed premises; or
(iii) an employee of the licensed premises.
(5b) This section does not apply to the gratuitous supply of liquor to, or
the consumption or possession of liquor by, a minor on licensed premises if the
minor is enrolled in a tertiary educational course declared by the regulations
to be an approved course for the purposes of section 30 and the liquor is
supplied to the minor as part of that course.
(2) Section 110(6)—before the definition of licensed
premises insert:
guardian, in relation to a minor, means a parent (including
step-parent) or legal guardian of the minor.
After section 110 insert:
110A—Supply in other
circumstances
(1) A person who
supplies liquor to a minor is guilty of an offence.
Maximum penalty: $2 500.
Expiation fee: $210.
(2) A minor who consumes or has possession of liquor is guilty of an
offence.
(3) This section does not apply if section 110 applies in respect of
the supply, consumption or possession of the liquor.
(4) This section does not apply to the gratuitous supply of liquor to, or
the consumption or possession of liquor by, a minor if the liquor is supplied to
the minor by an adult guardian or spouse of the minor or by an adult who is
authorised to do so by an adult guardian or spouse of the minor.
(5) It is a defence to a charge of an offence against
subsection (1) to
prove that—
(a) in a case involving supply of liquor to a minor in regulated
premises—
(i) that the occupier or a person acting on behalf of the occupier of the
premises required the minor to produce evidence of age that complies with the
requirements of the regulations; and
(ii) the minor made a false statement, or produced false evidence, in
response to that requirement; and
(iii) in consequence the person who served the minor reasonably assumed
that the minor was of or above the age of 18 years; or
(b) in any other case—the person believed on reasonable grounds that
the minor was an adult.
Section 114—delete the section
7—Amendment
of section 115—Evidence of age
(1) Section 115(1)(b)—delete "in a public place"
(2) Section 115(3), definition of prescribed person,
(a)—delete "or a public place" and substitute:
or any other place
Section 117—delete the section
9—Amendment
of section 123—Power to enter and search premises and confiscate
liquor
Section 123(2)—after "confiscate" insert:
or take samples of