Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) This section applies in relation to a container that purports to contain, or apparently contains—
(a) liquor within the meaning of the relevant offence provision mentioned in subsection (2); or
(b) beer, wine, spirits or any other alcoholic beverage.
(2) In a proceeding for an offence against this Act, if a beverage is contained in, or dispensed or consumed from, a container in relation to which this section applies, that beverage is taken to be liquor within the meaning of the relevant offence provision unless the contrary is established by the defendant on the balance of probabilities.
(3) Without limiting subsection (1), for subsection (1) (a), a container is taken to purport to contain liquor within the meaning of an offence provision if the container purports, whether by marking on the container or on its label, or otherwise, to contain a beverage having a percentage by volume of alcohol exceeding the percentage of ethyl alcohol mentioned in the definition of liquor that applies to that provision.
(4) For this section, a reference on a container or on its label to a "percentage by volume of alcohol", in whatever form that reference may be, is a reference to the same percentage of ethyl alcohol by volume.
(5) This section does not apply in relation to an offence against section 139 (2), section 146 (1), section 147, section 154 or section 155.