(1) In this
regulation —
farmers’ market means a market or fair at
which primary producers display and sell their products directly to the
public;
liquor producer means a producer of liquor,
whether or not a primary producer;
primary producer means a person who carries on a
business of agriculture, pastoral pursuits, horticulture, grazing, dairy
farming, beekeeping, orcharding, viticulture, silviculture or other similar
farming activities;
producers’ association means any society,
body, organisation or association, whether incorporated or not, the purpose of
which, or one of the purposes of which, is to represent or promote, whether
generally or within a particular area, the interests of producers of liquor or
producers of one or more particular kinds of liquor.
(2) The sale or supply
of liquor to a person who is at least 18 years of age is exempted from
the application of the Act if —
(a) the
liquor is sold or supplied from a stall at a farmers’ market; and
(b) the
stall is provided by 1 or more liquor producers or by a producers’
association for the benefit of 1 or more liquor producers; and
(c) the
liquor supplied or sold has been produced by a liquor producer by whom or for
whose benefit the stall is provided; and
(d) the
liquor is sold or supplied from the stall —
(i)
by way of free sample for consumption at the
farmers’ market; or
(ii)
in an aggregate quantity of not more than
9 L to any one person on any one day, in one or more sealed
containers, for consumption away from the farmers’ market; or
(iii)
by way of an order taken for the sale or supply of liquor
at a future date;
and
(e) the
liquor is not sold or supplied to a drunk person; and
(f) a
drunk person is not allowed to consume the liquor in the area immediately
surrounding the stall in which customers of the stall congregate to sample or
purchase liquor from the stall.
[Regulation 8D inserted: Gazette
15 Jul 2011 p. 2962‑3; amended: Gazette
10 Jan 2017 p. 142.]