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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Liquor (Restriction of Supply
to Minors) Amendment Bill
2007
Queensland
Liquor (Restriction of Supply to Minors)
Amendment Bill 2007
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of s 5 (Who is a responsible adult for a minor). . . . 4
5 Who is a responsible adult . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new s 61AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
61AA Prohibition sign must be displayed at detached bottle
shop .............................. 4
6 Replacement of ss 155A and 156 . . . . . . . . . . . . . . . . . . . . . . . . 5
155A Liquor prohibited to a minor . . . . . . . . . . . . . . . . . . . . 5
156 Liquor prohibited to an unduly intoxicated or
disorderly person . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Amendment of s 157 (Prohibitions affecting minors) . . . . . . . . . . 7
8 Amendment of s 228 (Suspension of licence for offences
concerning minors and other persons). . . . . . . . . . . . . . . . . . . . . 7
9 Amendment of s 229 (Liability for certain offences against Act). . 7
2007
A Bill
for
An Act to amend the Liquor Act 1992 to increase the restriction
on supply of liquor to minors
s1 4 s5
Liquor (Restriction of Supply to Minors) Amendment
Bill 2007
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Liquor (Restriction of Supply to 3
Minors) Amendment Act 2007. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act amends the Liquor Act 1992. 8
Clause 4 Replacement of s 5 (Who is a responsible adult for a 9
minor) 10
Section 5-- 11
omit, insert-- 12
`5 Who is a responsible adult 13
`A responsible adult, for a minor, is an adult who-- 14
(a) is the minor's parent, step-parent or guardian; or 15
(b) has parental rights and responsibilities for the minor.'. 16
Clause 5 Insertion of new s 61AA 17
Part 4, division 2, after section 61-- 18
insert-- 19
`61AA Prohibition sign must be displayed at detached bottle 20
shop 21
`(1) This section applies if under a general licence a licensee has 22
approval from the chief executive to sell liquor on a detached 23
bottle shop. 24
s6 5 s6
Liquor (Restriction of Supply to Minors) Amendment
Bill 2007
`(2) A licensee must display a prohibition sign at each of a 1
detached bottle shop's points of sale so that the sign is easily 2
visible to a person purchasing liquor at the point of sale. 3
Maximum penalty--20 penalty units. 4
`(3) In this section-- 5
point of sale means a place where there is a counter or similar 6
fixture where liquor is sold in a detached bottle shop. 7
prohibition sign means a sign, complying with the 8
requirements prescribed under a regulation, designed to point 9
out the offence under section 155A(1).'. 10
Clause 6 Replacement of ss 155A and 156 11
Sections 155A and 156-- 12
omit, insert-- 13
`155A Liquor prohibited to a minor 14
`(1) A person must not sell or otherwise supply liquor to-- 15
(a) a minor; or 16
(b) another person if the person knows, or ought reasonably 17
to know, that the other person intends to supply the 18
liquor to a minor. 19
Maximum penalty-- 20
(a) if the person is a licensee, permittee, nominee or 21
manager of relevant premises to which the sale or 22
supply relates--250 penalty units; or 23
(b) otherwise--40 penalty units. 24
`(2) It is a defence to a charge made against a person under 25
subsection (1)(a) if the person proves that he or she-- 26
(a) was a responsible adult for the minor at the time of 27
supply; and 28
(b) responsibly supervised the minor at all times while the 29
minor had possession of the liquor. 30
`(3) However, the defence in subsection (2) is not available if the 31
supply of liquor-- 32
s6 6 s6
Liquor (Restriction of Supply to Minors) Amendment
Bill 2007
(a) was a sale; or 1
(b) happened on relevant premises or a public place, other 2
than a public place designated under section 173C. 3
`(4) A person must not, on relevant premises, allow liquor to be 4
supplied to or consumed by a minor. 5
Maximum penalty-- 6
(a) if the person is a licensee, permittee, nominee or 7
manager of the premises--250 penalty units; or 8
(b) otherwise--40 penalty units. 9
`(5) A person must not send, or cause or allow to be sent, to 10
relevant premises a minor with a view to the minor or another 11
person being supplied with liquor. 12
Maximum penalty-- 13
(a) if the person is a licensee, permittee, nominee or 14
manager of the relevant premises--250 penalty units; or 15
(b) otherwise--40 penalty units. 16
`(6) In this section-- 17
relevant premises means premises to which a licence or 18
permit relates. 19
`156 Liquor prohibited to an unduly intoxicated or 20
disorderly person 21
`A person must not, on premises to which a licence or permit 22
relates-- 23
(a) sell or otherwise supply liquor to; or 24
(b) allow liquor to be sold or otherwise supplied to; or 25
(c) allow liquor to be consumed by; 26
a person who is unduly intoxicated or disorderly. 27
Maximum penalty-- 28
(a) if the person is a licensee, permittee, nominee or 29
manager of the premises--500 penalty units; or 30
(b) otherwise--80 penalty units.'. 31
s7 7 s9
Liquor (Restriction of Supply to Minors) Amendment
Bill 2007
Clause 7 Amendment of s 157 (Prohibitions affecting minors) 1
(1) Section 157(2), from `not,' to `place'-- 2
omit, insert-- 3
`not'. 4
(2) Section 157(3)-- 5
omit, insert-- 6
`(3) Subsection (2) does not apply to a minor if the minor is 7
accompanied by a responsible adult who is responsibly 8
supervising the minor and the minor is not-- 9
(a) on premises to which a licence or permit relates; or 10
(b) in a public place, other than a public place designated 11
under section 173C.'. 12
(3) Section 157(4), `the premises'-- 13
omit, insert-- 14
`premises to which a licence or permit relates'. 15
Clause 8 Amendment of s 228 (Suspension of licence for offences 16
concerning minors and other persons) 17
Section 228(1)(b)-- 18
omit, insert-- 19
`(b) section 155A(1), (4) or (5); or 20
(c) section 156;'. 21
Clause 9 Amendment of s 229 (Liability for certain offences 22
against Act) 23
Section 229(1), before `156'-- 24
insert-- 25
`155A,'. 26
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