Victorian Current Acts

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LIQUOR CONTROL REFORM ACT 1998 - SECT 107

Unlicensed selling of liquor

S. 107(1) amended by No. 92/2004 s. 23(2)(b), substituted by No. 73/2007 s. 20(1).

    (1)     A person who is not a licensee must not sell liquor or offer liquor for sale.

Penalty:     240 penalty units or imprisonment for 2 years.

S. 107(2) amended by No. 73/2007 s. 20(2).

    (2)     Subsection (1) does not apply to the sale of liquor, or the offer of liquor for sale, by an employee or agent of a licensee if the sale or offer is in accordance with the licence and this Act.

    (3)     If a person is convicted of an offence under this section, the court must also order all liquor which is found in the possession of the person and the vessels containing it to be forfeited.

    (4)     For the purposes of this section, proof of consumption or intended consumption of liquor on any premises by a person other than the occupier of the premises is, as against the occupier, evidence that the liquor was sold to the person consuming or intending to consume it.

    (5)     The fact of there being on any premises more liquor than is reasonably required for the use of the persons residing on those premises is evidence of the sale of liquor by the occupier.

    (6)     Subsections (4) and (5) do not apply to premises if the court is satisfied that the premises are used solely for residential purposes.



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