New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 6

6 Exemptions from Act

(1) General exemptions This Act does not apply to or in respect of the following:

(a) the sale of liquor to an adult on such trains under the control of Rail Corporation New South Wales as are determined by that corporation,

(b) the sale of spirituous or distilled perfume as perfumery only and not for drinking,

(c) the sale of liquor for medicinal purposes by:

(i) a registered medical practitioner, or

(ii) a registered nurse whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a nurse practitioner, or

(iii) a registered midwife whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a midwife practitioner, or

(iv) a registered pharmacist,

(d) the sale of liquor to an adult at an auction conducted by an auctioneer, but only if such requirements (if any) as are prescribed by the regulations are complied with,

(e) the sale of liquor taken in execution or under similar process, or forfeited to the Crown, if the sale is by or on behalf of the sheriff or a sheriff’s officer, or a bailiff or a police officer,

(f) the sale of liquor to an adult on board a vessel engaged in interstate or overseas voyages, but only if such requirements (if any) as are prescribed by the regulations are complied with,

(g) the sale of liquor to an adult on board an aircraft, except in the case of a charter service where a person other than the aircraft operator sells or supplies liquor on board the aircraft,

(h) the sale of liquor authorised by a law of the Commonwealth for the export of the liquor from the Commonwealth,

(j) the sale or supply of liquor to an adult who:

(i) is accommodated in a nursing home within the meaning of the Public Health Act 1991 , and

(ii) is receiving nursing care,

if the liquor is sold or supplied by a person in charge of, or a person acting with the authority of a person in charge of, the nursing home,

(k) the sale or supply of liquor to an adult who:

(i) is an in-patient of a public hospital within the meaning of the Health Services Act 1997 , or

(ii) is an overnight patient of a private health facility within the meaning of the Private Health Facilities Act 2007 , or

(iii) is an in-patient of any other medical facility of a class prescribed by the regulations,

if the liquor is sold or supplied by a person in charge of, or a person acting with the authority of a person in charge of, the hospital or facility,

(l) the sale or supply of liquor in such other circumstances as may be prescribed by the regulations.

(1A) Exemption for gift services in certain circumstances This Act does not apply to or in respect of the sale or supply of liquor that is part of a sale of flowers or food designed to be delivered as a gift to a person (other than the purchaser) specified by the purchaser, but only if the following requirements are complied with:

(a) the business of the vendor is promoted or marketed as a genuine gift service,

(b) the gift is packaged and presented in such a manner that any person receiving it would assume it to be a genuine gift,

(c) the gift is delivered to the person specified by the purchaser at a place other than the premises at which the business of the vendor is conducted,

(d) the person to whom the gift is delivered is an adult,

(e) the gift is delivered between 7am and 7pm (except in the case where unforeseen circumstances have delayed the delivery of the gift during that period),

(f) the volume of liquor supplied as part of the gift does not exceed 2 litres,

(g) the liquor has been purchased by the vendor on a retail basis.

(2) Exemption for bed and breakfast establishments in certain circumstances This Act does not apply to or in respect of the sale or supply of liquor to the guests of a bed and breakfast establishment ( "the B&B"), but only if the following requirements are complied with:

(a) no more than 8 adult guests are staying at the B&B at the one time,

(b) the liquor is not supplied to a minor,

(c) the liquor has been purchased by the proprietor of the B&B on a retail basis,

(d) the sale or supply is ancillary to the provision of accommodation or a meal,

(e) any person who sells, supplies or serves liquor to a guest has obtained the same qualifications with respect to responsible service of alcohol as licensees and employees of licensees are required to obtain under this Act,

(f) the proprietor of the B&B has notified the Authority, in the form and manner approved by the Authority, that the B&B sells or supplies liquor to guests as provided by this subsection.

(3) Exemption for retirement villages in certain circumstances This Act does not apply to or in respect of the sale or supply of liquor to an adult who is a resident of a retirement village (or who is the guest of such a resident) at any gathering held in the village, but only if the following requirements are complied with:

(a) a member of the Residents Committee for the village, or a person nominated by the Residents Committee, is present at the gathering to supervise the sale and supply of liquor and the conduct of the gathering,

(b) the liquor that is sold or supplied at the gathering has been purchased on a retail basis,

(c) the gathering has not been organised, or is not being conducted, by the operator of the retirement village.

(4) In subsection (3), "operator", "resident", "Residents Committee" and "retirement village" have the same meanings as in the Retirement Villages Act 1999 .