LIQUOR ACT 1992 - SECT 168B
Prohibition on possession of liquor in restricted area
LIQUOR ACT 1992 - SECT 168B
Prohibition on possession of liquor in restricted area
168B Prohibition on possession of liquor in restricted area
(1) A person must not, in a restricted area to which this section applies
because of a declaration under section 173H, have in possession more than the
prescribed quantity of a type of liquor for the area, other than under the
authority of a restricted area permit.
Penalty—
Maximum penalty—
(a)
for a first offence—375 penalty units; or
(b) for a second offence—525
penalty units or 6 months imprisonment; or
(c) for a third or later
offence—750 penalty units or 18 months imprisonment.
(2) However,
subsection (1) does not apply to the possession of liquor in the ordinary
course of lawful business by—
(a) a licensee or permittee in the
licensee’s or permittee’s licensed premises; or
(c) if the liquor
was seized under part 7 , division 1 —a carrier who is carrying it, under
the direction of an investigator, in a restricted area; or
(d) a licensee or
permittee who has collected it from licensed premises outside the area and is
delivering it, via the area, by means of a vehicle to a person at premises
outside the area.
(3) Also, subsection (1) does not apply to the possession
of liquor in the ordinary course of lawful business by a carrier if—
(a) the
carrier collected the liquor from a person, and is delivering it by means of a
vehicle to another person, at premises outside the restricted area; and
(b)
the package or container in which the liquor is to be delivered is labelled in
writing on the outside with—
(i) the name and address of each of the
consignor and the consignee of the liquor; and
(ii) if the consignment of the
liquor is for the purpose of sale and the seller of the liquor is not the
consignor, the name and address of the seller; and
(iii) if the consignment
of the liquor is for the purpose of sale and the purchaser of the liquor is
not the consignee, the name and address of the purchaser; and
(c) the liquor
is not removed from the vehicle while the vehicle is in the restricted area;
and
(e) neither
the liquor, nor the package or container mentioned in paragraph (b) , is
visible from outside the vehicle.
(3A) Also, subsection (1) does not apply to
the possession of liquor by a person, other than a carrier, licensee or
permittee in possession of the liquor in the ordinary course of lawful
business, travelling in a vehicle on a public road prescribed under a
regulation if—
(a) the person collected the liquor from a place outside the
area; and
(b) the person is travelling with the liquor, via the area, to a
destination outside the area; and
(c) the travel is uninterrupted, other
than—
(i) for the person to use a public facility prescribed under a
regulation; or
(ii) because of an emergency; and
(d) the liquor is not
removed from the vehicle while the vehicle is in the area; and
(e) the liquor
is stored in—
(i) a container that is fixed to the vehicle and locked while
the vehicle is left unattended; or
(ii) the vehicle, that is locked while it
is left unattended; and
(f) the liquor is not visible from outside the
vehicle.
(3B) In a proceeding for a contravention of subsection (1) , for
subsection (3A) , the burden of proving that the liquor was collected from a
place outside the area and the person is travelling with it, via the area, to
a destination outside the area is on the person alleged to have contravened
subsection (1) .
(3C) For subsection (3B) , the burden of proof is on the
balance of probabilities.
(4) In a
proceeding for an offence against subsection (1) , proof that liquor was, at
the material time, in or on a vehicle is conclusive evidence that the operator
of the vehicle had in possession all the liquor in or on the vehicle unless
the operator proves that, at the time, he or she neither knew nor had reason
to suspect that the liquor was in or on the vehicle.
(5) For subsection (4) ,
it is immaterial that another person claims to have had in possession any of
the liquor at the material time.
(6) In this section—
"carrier" means a carrier, delivery person or other person engaged in the
ordinary course of lawful business of delivering liquor.
"licensed premises" includes premises to which a permit relates.
(a) the person in command or control,
or who appears to be in command or control, of the vehicle; and
(b) for a
vehicle registered in a State or Territory under a law of the State or
Territory providing for the registration of vehicles—the person in whose
name the vehicle is so registered.
"permitted liquor" means liquor of a type that may, under the regulation that
makes the declaration mentioned in subsection (1) , be possessed in the area,
other than under the authority of a restricted area permit.
"public facility" means a facility for use by the public.
"public road" means a road ordinarily used by the public.
