LIQUOR ACT 2007 - SECT 114
Sale of liquor through internet or by other communication media
LIQUOR ACT 2007 - SECT 114
Sale of liquor through internet or by other communication media
114 Sale of liquor through internet or by other communication media
(1) A licensee who sellsliquor by taking orders over the telephone or by
facsimile or by mail order must cause the licence number to be displayed in
any advertisement or information published in writing or electronically in
connection with such sales.
: Maximum penalty--20 penalty units.
(2) A
licensee who sellsliquor through an internet site or by other electronic
means must ensure that the licence number is prominently displayed on the site
or by other electronic means and in any advertisement or information published
in writing or electronically in connection with such sales.
: Maximum
penalty--20 penalty units.
(3) A licensee who sellsliquor by taking orders
over the telephone or by facsimile or by mail order, or who sellsliquor
through an internet site or by other electronic means--
(a) must, at the time
at which an agreement for sale is made, require the prospective purchaser to
supply the purchaser's date of birth so as to confirm that the prospective
purchaser is of or above the age of 18 years, unless the prospective purchaser
has previously supplied the purchaser's date of birth to the licensee, and
(b) must give written instructions to the person responsible for delivery of
the liquor, requiring that the liquor be delivered--
(ii) to another adult person at those premises who
undertakes to accept it on behalf of the person who placed the order, or
(iii) if the delivery is made on a day after the day the order is taken--in
accordance with the customer's instructions, or
(iv) if the order was sold
through an internet site or by other electronic means--to another adult person
nominated by the person who placed the order.
: Maximum penalty--20 penalty
units.
(4) If delivery of any liquor sold in a manner described in this
section is taken by a minor--
(a) the delivery is taken to constitute a supply
to which section 117(2) applies, and
(5) A licensee who, in
accordance with subsection (4), is prosecuted for an offence under
section 117(2) has a defence under this subsection if it is proved that the
licensee--
(a) complied with the requirements of subsection (3) in relation to
the supply concerned, and
(b) at the time of the alleged offence did not
know, and could not reasonably be expected to have known, that the alleged
offence was committed, and
(6) A person (not being a
licensee) who, in accordance with subsection (4), is prosecuted for an offence
under section 117(2) has a defence under this subsection if it is proved
that--
(a) the person to whom the liquor was delivered was of or above the age
of 14 years and, before the liquor was delivered, there was produced to the
defendant an evidence of age document that may reasonably be accepted as
applying to the person and as proving that the person was of or above the age
of 18 years, and
(b) at the time of the alleged offence the defendant did not
know, and could not reasonably be expected to have known, that the alleged
offence was committed, and
(7) A minor must not take
delivery of any liquor sold in a manner described in this section unless the
minor was ordered or requested by his or her parent or guardian to take
delivery of the liquor.
: Maximum penalty--20 penalty units.
(8) A person
must not order or request a minor to take delivery of liquor sold in a manner
described in this section.
: Maximum penalty--30 penalty units.
(9) This
section does not apply to or in respect of the sale of liquor to persons
authorised to sellliquor.