QLDIn ForceAct
Liquor Act 1992
sec.156BProhibition on sale of undesirable liquor product
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### sec.156B Prohibition on sale of undesirable liquor product
A regulation may declare a particular liquor product, or class of liquor products, to be an undesirable liquor product.
A person must not sell or supply a liquor product, or liquor product that is part of a class of liquor products, declared under subsection (1) to be an undesirable liquor product.
Maximum penalty—
if the person is the licensee or permittee of, or an approved manager working at, the premises to which a licence or permit relates—100 penalty units; or
in any other case—25 penalty units.
The Minister may recommend the making of a regulation under subsection (1) about a liquor product or class of liquor products only if, in the opinion of the Minister—
the name, design of packaging of the liquor product or class of liquor products is likely to be attractive to minors or young people; or
the liquor product or class of liquor products is likely to be confused with soft drinks or confectionery; or
the liquor product or class of liquor products, for any other reason, is likely to have a special appeal to minors or young people; or
it is otherwise in the public interest to declare the liquor product or class of liquor products to be an undesirable liquor product.
The Minister must, before recommending the making of a regulation under subsection (1) , make every reasonable effort to consult with—
relevant liquor industry representatives; and
the manufacturer and distributor of the liquor product or class of liquor products proposed to be declared to be an undesirable liquor product;
about the proposed declaration.
However, failure to comply with subsection (4) does not affect the validity of the regulation.
s 156B ins 2008 No. 48 s 29
amd 2008 No. 48 s 59 (2) sch 2
(sec.156B-ssec.1) A regulation may declare a particular liquor product, or class of liquor products, to be an undesirable liquor product.
(sec.156B-ssec.2) A person must not sell or supply a liquor product, or liquor product that is part of a class of liquor products, declared under subsection (1) to be an undesirable liquor product. Maximum penalty— if the person is the licensee or permittee of, or an approved manager working at, the premises to which a licence or permit relates—100 penalty units; or in any other case—25 penalty units.
(sec.156B-ssec.3) The Minister may recommend the making of a regulation under subsection (1) about a liquor product or class of liquor products only if, in the opinion of the Minister— the name, design of packaging of the liquor product or class of liquor products is likely to be attractive to minors or young people; or the liquor product or class of liquor products is likely to be confused with soft drinks or confectionery; or the liquor product or class of liquor products, for any other reason, is likely to have a special appeal to minors or young people; or it is otherwise in the public interest to declare the liquor product or class of liquor products to be an undesirable liquor product.
(sec.156B-ssec.4) The Minister must, before recommending the making of a regulation under subsection (1) , make every reasonable effort to consult with— relevant liquor industry representatives; and the manufacturer and distributor of the liquor product or class of liquor products proposed to be declared to be an undesirable liquor product; about the proposed declaration.
(sec.156B-ssec.5) However, failure to comply with subsection (4) does not affect the validity of the regulation.
- (a) if the person is the licensee or permittee of, or an approved manager working at, the premises to which a licence or permit relates—100 penalty units; or
- (b) in any other case—25 penalty units.
- (a) the name, design of packaging of the liquor product or class of liquor products is likely to be attractive to minors or young people; or
- (b) the liquor product or class of liquor products is likely to be confused with soft drinks or confectionery; or
- (c) the liquor product or class of liquor products, for any other reason, is likely to have a special appeal to minors or young people; or
- (d) it is otherwise in the public interest to declare the liquor product or class of liquor products to be an undesirable liquor product.
- (a) relevant liquor industry representatives; and
- (b) the manufacturer and distributor of the liquor product or class of liquor products proposed to be declared to be an undesirable liquor product;