New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 5

5 Meaning of “intoxicated”

(1) For the purposes of this Act, a person is "intoxicated" if:

(a) the person’s speech, balance, co-ordination or behaviour is noticeably affected, and

(b) it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor.

(2) Accordingly, a reference in this Act to "intoxication" in relation to licensed premises is a reference to the presence of intoxicated persons on the licensed premises.

(3) The Director-General is to issue guidelines to assist in determining whether or not a person is intoxicated for the purposes of this Act. Such guidelines are to be made publicly available in such manner as the Director-General considers appropriate.

(4) The guidelines issued by the Director-General may also indicate circumstances in which a person may be assumed not to be intoxicated for the purposes of this Act.