South Australian Numbered Acts South Australian Numbered Acts74—Amendment of section 112—Minors not to enter or remain in certain licensed premises
(1) Section 112(1)—delete subsection (1) and substitute:
(1) A minor may not enter, or remain in—
(a) licensed premises subject to a packaged liquor sales licence unless the minor is accompanied by a responsible adult at all times; or
(b) licensed premises of a prescribed kind at prescribed times; or
(c) any other area in licensed premises (other than a bedroom)—
(i) between the hours of midnight and 2 am unless the minor is accompanied by a responsible adult at all times; or
(ii) between the hours of 2 am and 5 am,
if liquor may be sold in the area at that time.
(2) Section 112(3)—delete "the minor and the licensee are each guilty of an offence." and substitute:
the licensee is guilty of an offence.
Maximum penalty:
(a) for a first offence—$10 000;
(b) for a second or subsequent offence—$20 000.
Expiation fee: $1 200.
(3) Section 112—after subsection (4) insert:
(4a) If a minor enters licensed premises in contravention of this section, or in contravention of a condition of the licence, the person who permitted the entry of the minor onto the licensed premises is guilty of an offence.
Maximum penalty:
(a) for a first offence—$10 000;
(b) for a second or subsequent offence—$20 000.
Expiation fee: $1 200.
(4b) If a person is charged with an offence against subsection (4a)
, it is a defence to prove that the person took reasonable care to prevent minors from entering or remaining in the relevant area at the relevant time.
(4c) A minor who enters or remains in licensed premises in contravention of this section or in contravention of a condition of the licence is guilty of an offence.
Maximum penalty: $2 500.
Expiation fee: $210.
(4) Section 112(5) and (6)—delete subsections (5) and (6) and substitute:
(5) A licensee must not contravene or fail to comply with a requirement under section 113A relating to the display of notices for the purposes of this section.
Maximum penalty: $10 000.
Expiation fee: $500.
(6) This section does not apply in relation to the following:
(a) minors of a prescribed class;
(b) licensed premises of a prescribed class;
(c) an area of the licensed premises exempted from the ambit of this section by the Commissioner;
(d) any other circumstances prescribed by the regulations.