New South Wales Consolidated Acts

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LIQUOR ACT 2007 - SECT 5

Meaning of “intoxicated”

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



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