Western Australian Current Regulations

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LIQUOR CONTROL REGULATIONS 1989 - REG 8D

8D .         Exemption from Act, sales etc. at farmers’ markets

        (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.]



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