LIQUOR ACT 2010 - SECT 111 Offence—supply liquor to child or young person—employee
LIQUOR ACT 2010 - SECT 111
Offence—supply liquor to child or young person—employee(1) A person commits an offence if—
(a) the person is an employee of a licensee; and
(b) the person supplies liquor or low-alcohol liquor to another person; and
(c) the other person is a child or young person; and
(d) the supply happens at—
(i) if the licensee holds a catering licence—the catered premises; or
(ii) in any other case—the licensed premises.
Maximum penalty: 10 penalty units.
(2) A person commits an offence if—
(a) the person is an employee of a permit-holder; and
(b) the person supplies liquor or low-alcohol liquor to another person; and
(c) the other person is a child or young person; and
(d) the supply happens at the permitted premises.
Maximum penalty: 10 penalty units.
(3) An offence against this section is a strict liability offence.
(4) This section does not apply in relation to a young person at licensed premises or catered premises if the young person—
(a) was at least 16 years old at the time of the offence; and
(b) had, before the time of the offence, shown 1 or more of the following people an identification document identifying the young person as an adult:
(i) the defendant;
(ii) the licensee;
(iii) a crowd controller working as a crowd controller at the premises.
Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code
, s 58).
(5) This section does not apply in relation to a young person at permitted premises if the young person—
(a) was at least 16 years old at the time of the offence; and
(b) had, before the time of the offence, shown 1 or more of the following people an identification document identifying the young person as an adult:
(i) the defendant;
(ii) the permit-holder;
(iii) a crowd controller working as a crowd controller at the premises.
Note The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code
, s 58).
(6) In a prosecution for an offence against this section, a substance supplied to a person is presumed to be liquor if—
(a) the substance is supplied to the person in an adults-only area at the premises; and
(b) a police officer gives evidence—
(i) that the police officer saw the substance being supplied to the person; and
(ii) that the police officer believes on reasonable grounds that the substance is liquor.
Note A person rebutting the presumption in s (6) has an evidential burden in relation to the rebuttal (see Criminal Code
, s 58).