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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Summary Offences (Liquor Offences) Amendment
Bill 2018
A BILL FOR
An Act to amend the
Summary
Offences Act 1953
and to make related amendments to the
Criminal
Investigation (Covert Operations) Act 2009
, the
Criminal
Law (Clamping, Impounding and Forfeiture of Vehicles)
Act 2007
and the
Liquor
Licensing Act 1997
.
Contents
Part 2—Amendment of Summary Offences
Act 1953
21OBPossession,
transportation of liquor for sale
21OCSupply etc of
liquor in certain areas
Part 1—Amendment of Criminal
Investigation (Covert Operations) Act 2009
1Amendment of section
3—Interpretation
Part 2—Amendment of Criminal Law
(Clamping, Impounding and Forfeiture of Vehicles) Act 2007
2Amendment of section
3—Interpretation
Part 3—Amendment of Liquor
Licensing Act 1997
3Amendment of section 29—Requirement to
hold licence
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Summary Offences (Liquor Offences)
Amendment Act 2018.
This Act will come into operation on a day to be fixed by
proclamation.
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 Summary Offences
Act 1953
After Part 3A insert:
Part 3B—Liquor etc
21OA—Interpretation
In this Part—
designated area means an area of land designated by the
Minister under
section 21OD
;
liquor has the same meaning as in the
Liquor
Licensing Act 1997
;
prescribed area means—
(a) an area comprised of a public place or public places specified in a
notice under section 131 of the
Liquor
Licensing Act 1997
; or
(b) Trust Land within the meaning of the
Aboriginal
Lands Trust Act 2013
; or
(c) "the lands" within the meaning of the
Anangu
Pitjantjatjara Yankunytjatjara Land Rights Act 1981
; or
(d) "the lands" within the meaning of the
Maralinga
Tjarutja Land Rights Act 1984
;
sale includes—
(a) barter or exchange; or
(b) offer or expose for sale, barter or exchange; or
(c) supply, or offer to supply, in circumstances in which the supplier
derives, or would derive, a direct or indirect pecuniary benefit; or
(d) supply, or offer to supply, gratuitously but with a view to gaining or
maintaining custom, or otherwise with a view to commercial gain.
21OB—Possession, transportation of liquor for
sale
(a) have possession of liquor for the purpose of sale; or
(b) transport liquor for the purpose of sale; or
(c) transport liquor, for the purpose of sale, to a place other than a
place at or on which liquor may lawfully be sold.
Maximum penalty:
(a) for a first offence—$20 000;
(b) for a second or subsequent offence—$40 000.
(2) If liquor is
possessed or transported by a person in contravention of
subsection (1)
and is so possessed or transported on behalf of another person, that other
person is guilty of an offence.
Maximum penalty:
(a) for a first offence—$20 000;
(b) for a second or subsequent offence—$40 000.
(3) If liquor is
possessed or transported by a person in contravention of
subsection (1)
(the first person), a person who—
(a) would derive a direct or indirect pecuniary benefit from the sale of
the liquor (if the sale were to occur); and
(b) knew, or ought reasonably to have known, that the first person was in
possession of or transporting the liquor for the purpose of sale,
is guilty of an offence.
Maximum penalty:
(a) for a first offence—$20 000;
(b) for a second or subsequent offence—$40 000.
(4)
Subsections (1)
and
(2)
do not apply to the possession or transportation of liquor for the purpose
of a sale that may lawfully be made.
(5) It is a defence to a prosecution for an offence against
subsection (3)
for the person to prove that the person believed on reasonable grounds
that the liquor was possessed or transported by the first person for the purpose
of a sale that may lawfully be made.
(6) If, in proceedings
for an offence against
subsection (1)
or
(2)
, it is proved that the amount of liquor possessed or transported exceeds
the prescribed amount, it is presumed, in the absence of proof to the contrary,
that the liquor was possessed or transported (as the case requires) for the
purpose of sale.
(7) A regulation for the purposes of
subsection (6)
may vary according to the area, circumstances or any other specified
factor to which the regulation is expressed to apply.
21OC—Supply etc of liquor in certain
areas
(a) a person (the first person)—
(i) supplies liquor to another person (the third person);
or
(ii) transports liquor intending to supply any of it, or believing that
another person intends to supply any of it, to the third person; or
(iii) possesses liquor intending to supply any of it to the third person;
and
(b) the third person is in a prescribed area,
the first person is guilty of an offence.
Maximum penalty:
(a) for a first offence—$20 000;
(b) for a second or subsequent offence—$40 000.
(2) If, in proceedings for an offence against
subsection (1)
, it is proved that a person possessed or transported liquor in a
designated area, it is presumed, in the absence of proof to the contrary, that
the person possessed or transported (as the case requires) the liquor intending
to supply it to a third person.
21OD—Designated areas
(1) The Minister
may, by notice published in the Gazette, designate an area of land as a
designated area for the purposes of this Part.
(2) The Minister
may, by further notice published in the Gazette, vary or revoke a notice
published under
subsection (1)
.
(3) A notice under
subsection (1)
or
(2)
cannot include within a designated area land that is more than 20km from
the boundary of a prescribed area.
(4) A notice under
subsection (1)
or
(2)
takes effect on the day on which it is published in the Gazette, or on a
later day as specified in the notice.
(5) If the Minister
publishes a notice under
subsection (1)
or
(2)
, the Minister must cause a copy of the notice to be laid before both
Houses of Parliament.
(6) If either House
of Parliament passes a resolution disallowing a notice laid before it under
subsection (5)
, the notice will cease to have effect (and in the case of a notice under
subsection (2)
varying or revoking a notice under
subsection (1)
, the notice under
subsection (1)
will, from that time, apply as if it had not been varied or revoked (as
the case requires) by the notice under
subsection (2)
).
(7) A resolution is not effective for the purposes of
subsection (6)
unless passed in pursuance of a notice of motion given within
14 sitting days (which need not fall within the same session of Parliament)
after the day on which the notice was laid before the House under
subsection (5)
.
21OE—Evidence
(1) In proceedings for an offence against this Part, an apparently genuine
document purporting to be signed by the Commissioner and to certify that a
specified substance is liquor will, in the absence of proof to the contrary, be
proof of the matter certified.
(2) If the label on a sealed container states or indicates that it
contains liquor then, in proceedings for an offence against this Part, it is to
be taken, in the absence of proof to the contrary, that the container contains
liquor of the description and in the quantity and concentration stated on the
label.
(3) In this section—
label, in relation to a container, means any label, marking,
or other information on the container.
21OF—Regulations
The regulations may—
(a) provide that this Part or specified provisions of this Part do not
apply in prescribed circumstances or to a specified class of persons;
or
(b) provide for, or provide for the granting of, exemptions (either
subject to specified conditions or otherwise) from the application of this Act
or specified provisions of this Act in respect of classes of persons or
activities.
Part 1—Amendment of Criminal Investigation
(Covert Operations) Act 2009
1—Amendment
of section 3—Interpretation
(1) Section 3(1), definition of serious criminal
behaviour—after paragraph (c) insert:
(ca) an offence against section 29 of the
Liquor
Licensing Act 1997
; or
(2) Section 3(1), definition of serious criminal
behaviour—after paragraph (e) insert:
or
(f) an offence against section 21OB or 21OC of the
Summary
Offences Act 1953
;
Part 2—Amendment of Criminal Law (Clamping,
Impounding and Forfeiture of Vehicles) Act 2007
2—Amendment
of section 3—Interpretation
(1) Section 3(1)—after the definition of credit
provider insert:
designated liquor offence means an offence against section
21OB(1) or 21OC(1) of the
Summary
Offences Act 1953
;
(2) Section 3(1), definition of forfeiture
offence—after "definition" insert:
or a designated liquor offence
Part 3—Amendment of Liquor Licensing
Act 1997
3—Amendment
of section 29—Requirement to hold licence
Section 29—after its present contents (now to be designated as
subsection (1)) insert:
(2) An occupier or person in charge of premises on which liquor is sold in
contravention of subsection (1) who knowingly permits the sale is guilty of an
offence.
Maximum penalty:
(a) for a first offence—$20 000;
(b) for a second or subsequent offence—$40 000.
(3) If a prescribed person sells liquor to another person
and—
(a) the prescribed person reasonably believes, or ought reasonably to
believe, that the other person intends to sell the liquor in contravention of
subsection (1); and
(b) that other person sells the liquor in contravention of subsection
(1),
the prescribed person is guilty of an offence.
Maximum penalty:
(a) for a first offence—$20 000;
(b) for a second or subsequent offence—$40 000.
(4) In this section—
prescribed person means—
(a) a licensee; or
(b) a person employed or engaged by a licensee; or
(c) an agent of a licensee.