LIQUOR CONTROL ACT 1988 - SECT 126
LIQUOR CONTROL ACT 1988 - SECT 126
126 . Suspected juveniles, authorised persons’ powers as to, offences by
(1) Where an
authorised person knows, or suspects on reasonable grounds, that a person on
licensed premises or regulated premises is a juvenile, the authorised person
—
(a) may
require the juvenile or suspected juvenile to state his or her age; and
(b) if
the age stated is false, or appears to be false —
(i)
may require the juvenile or suspected juvenile to produce
as evidence of that age —
(I) a current Australian driver’s
licence with a photograph; or
(II) a current
passport; or
(III) another
prescribed document;
and
(ii)
if the juvenile does not do so, or the evidence produced
does not prove that the person is not a juvenile, may require the juvenile or
suspected juvenile to leave the premises.
(2) A person who
—
(a)
fails, without reasonable excuse, to comply with a requirement under
subsection (1); or
(b)
makes a statement, or produces alleged evidence, that is false or misleading
in any material respect in response to the requirement,
commits an offence.
Penalty: a fine of $2 000.
(2a) If an authorised
person suspects on reasonable grounds that a document produced by a juvenile
under subsection (1)(b)(i)(I) or (III) is a forged, false or counterfeit
document, the authorised person may confiscate the document.
(2b) An authorised
person who confiscates a document under subsection (2a) must deal with the
document in accordance with the regulations.
(3) An authorised
person, or any other person on the request of an authorised person, may
—
(a)
remove from licensed premises or regulated premises any juvenile, or suspected
juvenile, who has failed to comply with a requirement to leave the premises
made under subsection (1); and
(b) use
such force as may be reasonably necessary to ensure compliance with the
requirement.
(4) A person who
re-enters licensed premises or regulated premises within 24 hours of being
required to leave, or being removed from, those premises under this section
—
(a)
commits an offence; and
(b) an
authorised person, or any other person on the request of an authorised person,
may remove the person who re-entered the premises from those premises using
such force as may be reasonably necessary.
Penalty: a fine of $2 000.
(5) A person who
—
(a) has
been required to leave and has left, or been removed from, licensed premises
or regulated premises under this section; and
(b)
remains —
(i)
on any footpath; or
(ii)
in any area subject to the control or management of the
licensee or occupier of the regulated premises,
that is adjacent to
the licensed premises or regulated premises,
commits an offence.
Penalty: a fine of $2 000.
(6) This section does
not limit any other right to remove a person from premises.
[Section 126 amended: No. 12 of 1998 s. 85; No. 73
of 2006 s. 91, 109 and 110; No. 56 of 2010 s. 69; No. 35 of 2015 s. 21.]