sec.38Offences relating to homemade alcohol

### sec.38 Offences relating to homemade alcohol Subsection (2) applies if— a community area or part of a community area (the part community area ) is, or is in, a restricted area under the Liquor Act 1992 to which section 168B of that Act applies because of a declaration under section 173H of that Act; and the prescribed quantity of liquor of any type a person may under that Act possess for the restricted area, other than under the authority of a restricted area permit under that Act, is zero. A person must not in the community area or part community area— possess a home-brew kit or component of a home-brew kit; or possess equipment, or a component of equipment, that is being used, or has been used, to brew alcohol; or possess home-brew concentrate; or possess a substance other than home-brew concentrate, or a combination of substances, with the intention of using the substance or substances to make homemade alcohol; or supply homemade alcohol to another person. Maximum penalty—190 penalty units. A person must not in a prescribed community area— possess a home-brew kit or component of a home-brew kit; or possess equipment, or a component of equipment, that is being used, or has been used, to brew alcohol; or possess home-brew concentrate; or possess a substance other than home-brew concentrate, or a combination of substances, with the intention of using the substance or substances to make homemade alcohol; or possess homemade alcohol; or supply homemade alcohol to another person. Maximum penalty—190 penalty units. In this section— component , of a home-brew kit, means a device that is apparently intended to be part of a home-brew kit. s 38 prev s 38 ins 1999 No. 53 s 6 om 2004 No. 37 s 86 sch 1 pres s 38 ins 2002 No. 46 s 11 sub 2008 No. 30 s 10 amd 2008 No. 66 s 4 sch pt 1 ; 2018 No. 27 s 90 (sec.38-ssec.1) Subsection (2) applies if— a community area or part of a community area (the part community area ) is, or is in, a restricted area under the Liquor Act 1992 to which section 168B of that Act applies because of a declaration under section 173H of that Act; and the prescribed quantity of liquor of any type a person may under that Act possess for the restricted area, other than under the authority of a restricted area permit under that Act, is zero. (sec.38-ssec.2) A person must not in the community area or part community area— possess a home-brew kit or component of a home-brew kit; or possess equipment, or a component of equipment, that is being used, or has been used, to brew alcohol; or possess home-brew concentrate; or possess a substance other than home-brew concentrate, or a combination of substances, with the intention of using the substance or substances to make homemade alcohol; or supply homemade alcohol to another person. Maximum penalty—190 penalty units. (sec.38-ssec.3) A person must not in a prescribed community area— possess a home-brew kit or component of a home-brew kit; or possess equipment, or a component of equipment, that is being used, or has been used, to brew alcohol; or possess home-brew concentrate; or possess a substance other than home-brew concentrate, or a combination of substances, with the intention of using the substance or substances to make homemade alcohol; or possess homemade alcohol; or supply homemade alcohol to another person. Maximum penalty—190 penalty units. (sec.38-ssec.4) In this section— component , of a home-brew kit, means a device that is apparently intended to be part of a home-brew kit. - (a) a community area or part of a community area (the part community area ) is, or is in, a restricted area under the Liquor Act 1992 to which section 168B of that Act applies because of a declaration under section 173H of that Act; and - (b) the prescribed quantity of liquor of any type a person may under that Act possess for the restricted area, other than under the authority of a restricted area permit under that Act, is zero. - (a) possess a home-brew kit or component of a home-brew kit; or - (b) possess equipment, or a component of equipment, that is being used, or has been used, to brew alcohol; or - (c) possess home-brew concentrate; or - (d) possess a substance other than home-brew concentrate, or a combination of substances, with the intention of using the substance or substances to make homemade alcohol; or - (e) supply homemade alcohol to another person. - (a) possess a home-brew kit or component of a home-brew kit; or - (b) possess equipment, or a component of equipment, that is being used, or has been used, to brew alcohol; or - (c) possess home-brew concentrate; or - (d) possess a substance other than home-brew concentrate, or a combination of substances, with the intention of using the substance or substances to make homemade alcohol; or - (e) possess homemade alcohol; or - (f) supply homemade alcohol to another person.