LIQUOR CONTROL ACT 1988 - SECT 126D
LIQUOR CONTROL ACT 1988 - SECT 126D
126D . Undesirable liquor products, declaration of and offence as to
(1) The Governor, on
the recommendation of the Minister, may make regulations under section 175
that declare liquor in the form of a specified product, or a product of a
specified class, to be an undesirable liquor product.
(2) Where a licensee,
whether personally or by an employee or agent, sells or supplies any product
declared to be an undesirable liquor product on or from the licensed premises,
the licensee, and the employee or agent concerned, commits an offence.
Penalty:
(a) for
the licensee or a manager, a fine of $10 000;
(b) for
an employee or agent, a fine of $4 000.
(3) The Minister may
recommend the making of regulations for the purposes of subsection (1) only if
—
(a) the
Minister considers that —
(i)
designs, motifs or characters on the packaging of the
product concerned are of such a kind that the product is, or is likely to be,
attractive to juveniles; or
(ii)
the product is likely, for any reason, to be confused
with soft drinks or confectionery; or
(iii)
the product, for any other reason, has or is likely to
have a special appeal to juveniles; or
(iv)
it is otherwise in the public interest to do so;
and
(b) the
Minister has complied with subsection (4).
(4) Before
recommending the making of regulations for the purposes of subsection (1), the
Minister is to consult with relevant liquor industry representatives and the
manufacturer of any product proposed to be declared to be an undesirable
liquor product (if the manufacturer is known to the Minister).
(5) A failure to
comply with subsection (3) does not affect the validity of the regulation
concerned.
[Section 126D inserted: No. 73 of 2006 s. 93;
amended: No. 56 of 2010 s. 64.]