LIQUOR ACT 2010 - SECT 200 Offence—possess open container of liquor at certain public places
LIQUOR ACT 2010 - SECT 200
Offence—possess open container of liquor at certain public places(1) A person commits an offence if—
(a) the person possesses an open container of liquor or low-alcohol liquor; and
(b) the liquor or low-alcohol liquor is possessed at—
(i) a bus interchange; or
(ii) a bus station; or
(iii) a light rail stop; or
(iv) a place that is within 50m from—
(A) a bus interchange; or
(B) a bus station; or
(C) a light rail stop; or
(D) a shop; or
(E) licensed premises or permitted premises; or
(v) a permanent alcohol-free place; or
(vi) a temporary alcohol-free place; and
(c) the person intends to consume the liquor or low-alcohol liquor at the place.
Maximum penalty: 5 penalty units.
(2) This section does not apply to the possession of liquor or low-alcohol liquor—
(a) at licensed premises or permitted premises; or
(b) at premises where food is sold for consumption at the premises; or
(c) at a place that is within 50m from premises mentioned in paragraph (a) or (b) by a person using furniture or other facilities provided by the proprietor or lessee of the premises.
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code
, s 58).
(3) In a prosecution for an offence against this section, a substance is presumed to be liquor if—
(a) the substance is in a container; and
(b) a label or other mark on the container describes the contents as liquor.
Examples—label or mark that describes container contents as liquor
1 ‘2.6% Alc/Vol' printed on a can
2 ‘14% Alc/Vol' printed on the label of a bottle
Note A person rebutting the presumption in s (3) has an evidential burden in relation to the rebuttal (see Criminal Code
, s 58).
(4) In this section:
"light rail stop"—see the Road Transport (Public Passenger Services) Regulation 2002
, dictionary.
"open", for a container, includes—
(a) a container with the manufacturer's seal broken; and
(b) a container where the contents are accessible.