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LIQUOR ACT 2010 - SECT 187F Lawfulness of compliance testing

LIQUOR ACT 2010 - SECT 187F

Lawfulness of compliance testing

    (1)     Despite any other territory law, conduct engaged in honestly by an authorised person is not unlawful, and is not an offence by the person, if the conduct is engaged in for the purpose of carrying out a compliance test in accordance with an approved program and the approved procedures.

    (2)     Despite any other territory law, conduct engaged in honestly by a purchase assistant is not unlawful, and is not an offence by the assistant, if—

        (a)     the conduct is engaged in for the purpose of carrying out a compliance test; and

        (b)     the assistant acts in accordance, or substantially in accordance, with the instructions (if any) of an authorised person supervising the compliance test.

    (3)     However, this section does not—

        (a)     authorise a purchase assistant to enter or be in a place that would be otherwise unlawful for the assistant to enter or be in; or

        (b)     prevent action being taken against an authorised person under the Public Sector Management Act 1994

in relation to a failure by the authorised person or a purchase assistant to comply with approved procedures.

Example—par (a)

an adults-only area