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LIQUOR CONTROL ACT 1988 - SECT 6

LIQUOR CONTROL ACT 1988 - SECT 6

6 .         Act not to apply in certain cases

        (1)         Subject to subsection (2), this Act does not apply —

            (a)         to liquor supplied or consumed as part of a religious service, or sold to a religious organisation or its representative for sacramental or similar religious purposes; or

            (b)         where liquor is sold or administered for medicinal purposes —

                  (i)         by a person registered under the Health Practitioner Regulation National Law (Western Australia) in the pharmacy profession; or

                  (ii)         by or on the prescription of a person registered under the Health Practitioner Regulation National Law (Western Australia) in the dental profession whose name is entered on the Dentists Division of the Register of Dental Practitioners kept under that Law or registered under that Law in the medical profession;

                or

            (c)         where liquor is supplied in the course of an educational course, declared by the regulations to be an approved course for the purposes of this section; or

            (d)         where liquor is sold or consumed in Parliament House, by permission of the proper authority; or

            (e)         where liquor is sold by, or under the authority of, the Public Transport Authority of Western Australia, under the Government Railways Act 1904 ; or

            (f)         to the sale or supply of liquor in a Police Force canteen, under the Police Act 1892 ; or

            (g)         to the sale, by auction —

                  (i)         by any person authorised by the sheriff; or

                  (ii)         by a bailiff; or

                  (iii)         by a police officer,

                of liquor taken in execution or seized under, or forfeited by operation of, a written law; or

            (h)         to the official receiver or trustee in bankruptcy of a bankrupt estate selling liquor that is the property of that estate for the purposes of winding up that estate; or

            (j)         to an executor or administrator of the estate of a deceased person selling liquor that is the property of that estate for the purposes of winding up that estate; or

            (k)         to an insurer selling liquor to which title was acquired by virtue of the settlement of a claim made under a policy of insurance, but not by purchase; or

            (m)         to the sale of distilled spirits in bond, by the occupier of a vineyard to the occupier of another vineyard; or

            (n)         where the liquor is an allowance supplied to a member of the crew of a ship; or

            (o)         where the sale or supply of liquor is to, or the consumption of liquor is by, a person who is at least 18 years of age and that sale, supply or consumption is exempted by the regulations from the application of this Act.

        (2)         An authorised officer may require any person who is in a position to provide information relating to the sale or supply of liquor in circumstances to which subsection (1) is alleged to apply to answer any question put to that person on that subject by the authorised officer, and to produce any record in the possession of that person that relates to any such transaction.

        [Section 6 amended: No. 12 of 1998 s. 35(2); No. 31 of 2003 s. 151; No. 35 of 2010 s. 104; No. 56 of 2010 s. 36; No. 25 of 2023 s. 21(1).]