LIQUOR ACT 2010 - SECT 120 Offence—child or young person in adults-only area—licensee or
LIQUOR ACT 2010 - SECT 120
Offence—child or young person in adults-only area—licensee or permit-holder(1) A person commits an offence if—
(a) the person is a licensee; and
(b) a child or young person is in an adults-only area of the licensed premises.
Maximum penalty: 50 penalty units.
(2) A person commits an offence if—
(a) the person is a permit-holder; and
(b) a child or young person is in an adults-only area of the permitted premises.
Maximum penalty: 50 penalty units.
(3) An offence against this section is a strict liability offence.
(4) This section does not apply if the child or young person is in the care of an adult who—
(a) is a parent, step-parent, guardian, person acting in place of a parent, domestic partner or carer of the child or young person; and
(b) could reasonably be expected to responsibly supervise the child or young person.
Note For the meaning of domestic partner , see the Legislation Act
, s 169.
(5) This section does not apply in relation to a young person if the young person is in the adults-only area in the course of—
(a) the young person's employment at the licensed premises or permitted premises; or
(b) a training program conducted by a declared training provider.
(6) This section does not apply in relation to a young person if—
(a) the young person is attending an approved young people's event in the adults-only area; and
(b) the event is conducted in accordance with the young people's event approval.
Note Young people's event approvals are made under s 95 (3).
(7) This section does not apply in relation to a young person 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) an employee of the defendant;
(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 ss (4), (5), (6) and (7) (see Criminal Code
, s 58).