(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 Sydney Trains or NSW Trains as are determined by those
corporations,
(b) the sale of spirituous or distilled perfume as perfumery
only and not for drinking,
(c) the sale of liquor for medicinal purposes by a
medical practitioner, nurse practitioner, midwife practitioner or 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 operatorsells 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,
(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.
(c) the liquor has been purchased
by the proprietor of the B[#38]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[#38]B has notified the Authority, in the form and manner
approved by the Authority, that the B[#38]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 .
(d) liquor is sold or supplied for consumption on the
premises only and only in open containers,
(e) liquor is sold or supplied for
a continuous period of not more than 4 hours,
(f) liquor is not sold or
supplied before 6 am or after midnight,
(g) any person who sells, supplies or
serves liquor at the function has the same qualifications with respect to
responsible service of alcohol as licensees and employees of licensees are
required to have under this Act,
(i) a member of the non-proprietary association who is an adult, or a
person involved in the management of the association who is an adult, and who
is not intoxicated, is to be present in the immediate vicinity of the bar area
at all times that minors are present at the function,
(k) meals or other prepared food
(namely, food requiring preparation, cooking or reheating before being eaten)
and free drinking water are available whenever liquor is sold or supplied,
(l) police officers and inspectors are permitted full and free access to the
premises where the function is held at all times while the function is being
held,
(m) notice, in the form and manner approved by the Secretary, of the
function has been given, at least 14 days before the function is held, to the
Secretary, local police and the local council in whose area the function is to
be held,
(n) no more than 250 people are attending the function,
(o) no more
than 6 functions in any period of 12 months are held in accordance with the
exemption under this subsection.
(a) the
association is subject to an order under subsection (7), or
(b) a limited
licence is held on behalf of the association, or
(c) an order under
section 141(2)(i) that a limited licence is not to be granted to any person on
behalf of the association is in force, or
(d) any disciplinary action under
section 141 has, during the period of 6 months before any function is held in
accordance with the exemption under subsection (5), been taken against a
person who held a limited licence on behalf of the association, or
(e) the
association, or the secretary or an office holder of the association, has
committed a prescribed offence within the meaning of section 144B during the
period of 6 months before any function is held in accordance with the
exemption under subsection (5).
For the purposes of paragraph (e), a
prescribed offence is committed in the circumstances referred to in
section 144C.
(7) The Secretary may, by order in writing given to a
non-proprietary association, declare that the association is not an eligible
association for the purposes of subsection (5). Any such order has effect for
the period specified in the order.
(8) The regulations may--
(a) create
exceptions to subsection (5) (including modifying any of the requirements
specified in that subsection), and
(b) prescribe additional requirements that
must be complied with for the purposes of subsection (5).
(9) Any offence
that is committed under this Act because the requirements of subsection (5)
are not complied with is taken to have been committed by--
(10) Directions relating to conduct of functions under
subsection (5) The Secretary may give a written direction to a
non-proprietary association or, in the case of a non-proprietary association
that is not incorporated, to the secretary of the association or other
relevant office holder of the association, that relates to the conduct of a
function held by or on behalf of the association in accordance with the
exemption under subsection (5).
(11) Without limitation, any such direction
may prohibit or restrict the sale or supply of liquor at any such function.
(12) A direction under subsection (10)--
(a) takes effect when it is given to
the non-proprietary association or person concerned or on a later date
specified in the direction, and
(b) may be varied or revoked by the
Secretary, and
(c) has effect despite the exemption under subsection (5).
(13) A non-proprietary association or person who, without reasonable excuse,
fails to comply with a direction given to the association or person under
subsection (10) is guilty of an offence.
: Maximum penalty--50 penalty units.
(14) General provision For the avoidance of doubt, an exemption under this
section does not have effect if any requirement that applies in relation to
the exemption is not complied with.