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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).