sec.13Exemption for the sale of liquor at fundraising event

### sec.13 Exemption for the sale of liquor at fundraising event This Act does not apply to a sale of liquor by an eligible entity at a fundraising event if— all the net proceeds from the sale of liquor will be used for the benefit of the community; and the sale of liquor is ancillary to the fundraising event; and the liquor is sold between 7a.m. and midnight; and for a fundraising event other than a small regional show—the liquor is sold during a period not exceeding a total of 8 hours; and the liquor is sold in open containers for consumption at the event; and the liquor is sold by an adult; and the eligible entity ensures the sale of liquor does not create an unsafe environment at the event. the entity allows a person to whom the liquor is sold to remain at the event when the person is clearly unduly intoxicated, behaving in a disorderly way, causing a disturbance to other persons or demonstrating violent behaviour However, this Act does apply to the sale of liquor at a fundraising event if— the liquor is sold at the event in a manner that encourages the irresponsible consumption of liquor; or the liquor is sold at the event to a person who— is a minor; or is unduly intoxicated or disorderly; or the liquor is sold on Christmas Day or Good Friday or before 1p.m. on Anzac Day; or the event is held— in a relevant restricted area; or at licensed premises or premises to which a permit relates. For subsection (1) , an entity is an eligible entity for the sale of liquor at a fundraising event if— it is a non-profit entity for the event; and neither the entity nor an executive officer of the entity has, within 6 months immediately before the event, been given a non-compliance notice under section 14C (3) stating that the sale of liquor must cease immediately; and neither the entity nor an executive officer of the entity has, within the 5 years immediately before the event, been convicted of an offence under any of the following— section 155A ; section 156 ; section 156A ; section 169 ; and for an entity or an executive officer of the entity that is a licensee or permittee, neither the entity nor the executive officer has, within the 5 years immediately before the event— been given a written notice for an urgent suspension of the entity’s or executive officer’s licence under section 137C ; or been convicted of an offence under section 142ZZ or 142ZZB ; or breached a condition of a licence or permit relating to minimising alcohol-related disturbances, or public disorder, in a locality. However, an entity is not an eligible entity if, when the fundraising event is held, the entity or an executive officer of the entity is disqualified from holding a licence under part 5 , division 3 , subdivision 3 . In this section— executive officer , of an entity, means— if the entity has a management committee—each member of the committee; or otherwise—each member of the entity who is concerned with, or takes part in, the management of the entity. s 13 ins 2013 No. 25 s 127 amd 2013 No. 62 s 68 sch 1 pt 2 ; 2014 No. 42 s 31 ; 2016 No. 62 s 178 (sec.13-ssec.1) This Act does not apply to a sale of liquor by an eligible entity at a fundraising event if— all the net proceeds from the sale of liquor will be used for the benefit of the community; and the sale of liquor is ancillary to the fundraising event; and the liquor is sold between 7a.m. and midnight; and for a fundraising event other than a small regional show—the liquor is sold during a period not exceeding a total of 8 hours; and the liquor is sold in open containers for consumption at the event; and the liquor is sold by an adult; and the eligible entity ensures the sale of liquor does not create an unsafe environment at the event. the entity allows a person to whom the liquor is sold to remain at the event when the person is clearly unduly intoxicated, behaving in a disorderly way, causing a disturbance to other persons or demonstrating violent behaviour (sec.13-ssec.2) However, this Act does apply to the sale of liquor at a fundraising event if— the liquor is sold at the event in a manner that encourages the irresponsible consumption of liquor; or the liquor is sold at the event to a person who— is a minor; or is unduly intoxicated or disorderly; or the liquor is sold on Christmas Day or Good Friday or before 1p.m. on Anzac Day; or the event is held— in a relevant restricted area; or at licensed premises or premises to which a permit relates. (sec.13-ssec.3) For subsection (1) , an entity is an eligible entity for the sale of liquor at a fundraising event if— it is a non-profit entity for the event; and neither the entity nor an executive officer of the entity has, within 6 months immediately before the event, been given a non-compliance notice under section 14C (3) stating that the sale of liquor must cease immediately; and neither the entity nor an executive officer of the entity has, within the 5 years immediately before the event, been convicted of an offence under any of the following— section 155A ; section 156 ; section 156A ; section 169 ; and for an entity or an executive officer of the entity that is a licensee or permittee, neither the entity nor the executive officer has, within the 5 years immediately before the event— been given a written notice for an urgent suspension of the entity’s or executive officer’s licence under section 137C ; or been convicted of an offence under section 142ZZ or 142ZZB ; or breached a condition of a licence or permit relating to minimising alcohol-related disturbances, or public disorder, in a locality. (sec.13-ssec.4) However, an entity is not an eligible entity if, when the fundraising event is held, the entity or an executive officer of the entity is disqualified from holding a licence under part 5 , division 3 , subdivision 3 . (sec.13-ssec.5) In this section— executive officer , of an entity, means— if the entity has a management committee—each member of the committee; or otherwise—each member of the entity who is concerned with, or takes part in, the management of the entity. - (a) all the net proceeds from the sale of liquor will be used for the benefit of the community; and - (b) the sale of liquor is ancillary to the fundraising event; and - (c) the liquor is sold between 7a.m. and midnight; and - (d) for a fundraising event other than a small regional show—the liquor is sold during a period not exceeding a total of 8 hours; and - (e) the liquor is sold in open containers for consumption at the event; and - (f) the liquor is sold by an adult; and - (g) the eligible entity ensures the sale of liquor does not create an unsafe environment at the event. Example of when the sale of liquor creates an unsafe environment at the event— the entity allows a person to whom the liquor is sold to remain at the event when the person is clearly unduly intoxicated, behaving in a disorderly way, causing a disturbance to other persons or demonstrating violent behaviour - (a) the liquor is sold at the event in a manner that encourages the irresponsible consumption of liquor; or - (b) the liquor is sold at the event to a person who— (i) is a minor; or (ii) is unduly intoxicated or disorderly; or - (i) is a minor; or - (ii) is unduly intoxicated or disorderly; or - (c) the liquor is sold on Christmas Day or Good Friday or before 1p.m. on Anzac Day; or - (d) the event is held— (i) in a relevant restricted area; or (ii) at licensed premises or premises to which a permit relates. - (i) in a relevant restricted area; or - (ii) at licensed premises or premises to which a permit relates. - (i) is a minor; or - (ii) is unduly intoxicated or disorderly; or - (i) in a relevant restricted area; or - (ii) at licensed premises or premises to which a permit relates. - (a) it is a non-profit entity for the event; and - (b) neither the entity nor an executive officer of the entity has, within 6 months immediately before the event, been given a non-compliance notice under section 14C (3) stating that the sale of liquor must cease immediately; and - (c) neither the entity nor an executive officer of the entity has, within the 5 years immediately before the event, been convicted of an offence under any of the following— (i) section 155A ; (ii) section 156 ; (iii) section 156A ; (iv) section 169 ; and - (i) section 155A ; - (ii) section 156 ; - (iii) section 156A ; - (iv) section 169 ; and - (d) for an entity or an executive officer of the entity that is a licensee or permittee, neither the entity nor the executive officer has, within the 5 years immediately before the event— (i) been given a written notice for an urgent suspension of the entity’s or executive officer’s licence under section 137C ; or (ii) been convicted of an offence under section 142ZZ or 142ZZB ; or (iii) breached a condition of a licence or permit relating to minimising alcohol-related disturbances, or public disorder, in a locality. - (i) been given a written notice for an urgent suspension of the entity’s or executive officer’s licence under section 137C ; or - (ii) been convicted of an offence under section 142ZZ or 142ZZB ; or - (iii) breached a condition of a licence or permit relating to minimising alcohol-related disturbances, or public disorder, in a locality. - (i) section 155A ; - (ii) section 156 ; - (iii) section 156A ; - (iv) section 169 ; and - (i) been given a written notice for an urgent suspension of the entity’s or executive officer’s licence under section 137C ; or - (ii) been convicted of an offence under section 142ZZ or 142ZZB ; or - (iii) breached a condition of a licence or permit relating to minimising alcohol-related disturbances, or public disorder, in a locality. - (a) if the entity has a management committee—each member of the committee; or - (b) otherwise—each member of the entity who is concerned with, or takes part in, the management of the entity.