sec.168BProhibition on possession of liquor in restricted area

### sec.168B Prohibition on possession of liquor in restricted area A person must not, in a restricted area to which this section applies because of a declaration under section 173H , have in possession more than the prescribed quantity of a type of liquor for the area, other than under the authority of a restricted area permit. Maximum penalty— for a first offence—375 penalty units; or for a second offence—525 penalty units or 6 months imprisonment; or for a third or later offence—750 penalty units or 18 months imprisonment. However, subsection (1) does not apply to the possession of liquor in the ordinary course of lawful business by— a licensee or permittee in the licensee’s or permittee’s licensed premises; or a carrier, licensee or permittee who— has collected it from, and is delivering it to, licensed premises in the area; or has collected it from licensed premises outside the area and is delivering it to licensed premises in the area; or has collected it from licensed premises in the area and is delivering it to licensed premises outside the area; or if the liquor was seized under part 7 , division 1 —a carrier who is carrying it, under the direction of an investigator, in a restricted area; or a licensee or permittee who has collected it from licensed premises outside the area and is delivering it, via the area, by means of a vehicle to a person at premises outside the area. Also, subsection (1) does not apply to the possession of liquor in the ordinary course of lawful business by a carrier if— the carrier collected the liquor from a person, and is delivering it by means of a vehicle to another person, at premises outside the restricted area; and the package or container in which the liquor is to be delivered is labelled in writing on the outside with— the name and address of each of the consignor and the consignee of the liquor; and if the consignment of the liquor is for the purpose of sale and the seller of the liquor is not the consignor, the name and address of the seller; and if the consignment of the liquor is for the purpose of sale and the purchaser of the liquor is not the consignee, the name and address of the purchaser; and the liquor is not removed from the vehicle while the vehicle is in the restricted area; and the liquor is securely stored in— a locked container fixed to the vehicle; or a part of the vehicle that is locked; and neither the liquor, nor the package or container mentioned in paragraph (b) , is visible from outside the vehicle. Also, subsection (1) does not apply to the possession of liquor by a person, other than a carrier, licensee or permittee in possession of the liquor in the ordinary course of lawful business, travelling in a vehicle on a public road prescribed under a regulation if— the person collected the liquor from a place outside the area; and the person is travelling with the liquor, via the area, to a destination outside the area; and the travel is uninterrupted, other than— for the person to use a public facility prescribed under a regulation; or because of an emergency; and the liquor is not removed from the vehicle while the vehicle is in the area; and the liquor is stored in— a container that is fixed to the vehicle and locked while the vehicle is left unattended; or the vehicle, that is locked while it is left unattended; and the liquor is not visible from outside the vehicle. In a proceeding for a contravention of subsection (1) , for subsection (3A) , the burden of proving that the liquor was collected from a place outside the area and the person is travelling with it, via the area, to a destination outside the area is on the person alleged to have contravened subsection (1) . For subsection (3B) , the burden of proof is on the balance of probabilities. Also, subsection (1) does not apply to the possession of permitted liquor by a person at residential premises. In a proceeding for an offence against subsection (1) , proof that liquor was, at the material time, in or on a vehicle is conclusive evidence that the operator of the vehicle had in possession all the liquor in or on the vehicle unless the operator proves that, at the time, he or she neither knew nor had reason to suspect that the liquor was in or on the vehicle. For subsection (4) , it is immaterial that another person claims to have had in possession any of the liquor at the material time. In this section— carrier means a carrier, delivery person or other person engaged in the ordinary course of lawful business of delivering liquor. licensed premises includes premises to which a permit relates. operator , of a vehicle, includes— the person in command or control, or who appears to be in command or control, of the vehicle; and for a vehicle registered in a State or Territory under a law of the State or Territory providing for the registration of vehicles—the person in whose name the vehicle is so registered. permitted liquor means liquor of a type that may, under the regulation that makes the declaration mentioned in subsection (1) , be possessed in the area, other than under the authority of a restricted area permit. public facility means a facility for use by the public. public road means a road ordinarily used by the public. residential premises see the Residential Tenancies and Rooming Accommodation Act 2008 , section 10 . vehicle includes a boat and an aircraft. s 168B ins 2002 No. 47 s 64 amd 2004 No. 39 s 7 ; 2008 No. 30 s 22 ; 2008 No. 66 s 4 sch ; 2008 No. 73 s 554 sch 1 (sec.168B-ssec.1) A person must not, in a restricted area to which this section applies because of a declaration under section 173H , have in possession more than the prescribed quantity of a type of liquor for the area, other than under the authority of a restricted area permit. Maximum penalty— for a first offence—375 penalty units; or for a second offence—525 penalty units or 6 months imprisonment; or for a third or later offence—750 penalty units or 18 months imprisonment. (sec.168B-ssec.2) However, subsection (1) does not apply to the possession of liquor in the ordinary course of lawful business by— a licensee or permittee in the licensee’s or permittee’s licensed premises; or a carrier, licensee or permittee who— has collected it from, and is delivering it to, licensed premises in the area; or has collected it from licensed premises outside the area and is delivering it to licensed premises in the area; or has collected it from licensed premises in the area and is delivering it to licensed premises outside the area; or if the liquor was seized under part 7 , division 1 —a carrier who is carrying it, under the direction of an investigator, in a restricted area; or a licensee or permittee who has collected it from licensed premises outside the area and is delivering it, via the area, by means of a vehicle to a person at premises outside the area. (sec.168B-ssec.3) Also, subsection (1) does not apply to the possession of liquor in the ordinary course of lawful business by a carrier if— the carrier collected the liquor from a person, and is delivering it by means of a vehicle to another person, at premises outside the restricted area; and the package or container in which the liquor is to be delivered is labelled in writing on the outside with— the name and address of each of the consignor and the consignee of the liquor; and if the consignment of the liquor is for the purpose of sale and the seller of the liquor is not the consignor, the name and address of the seller; and if the consignment of the liquor is for the purpose of sale and the purchaser of the liquor is not the consignee, the name and address of the purchaser; and the liquor is not removed from the vehicle while the vehicle is in the restricted area; and the liquor is securely stored in— a locked container fixed to the vehicle; or a part of the vehicle that is locked; and neither the liquor, nor the package or container mentioned in paragraph (b) , is visible from outside the vehicle. (sec.168B-ssec.3A) Also, subsection (1) does not apply to the possession of liquor by a person, other than a carrier, licensee or permittee in possession of the liquor in the ordinary course of lawful business, travelling in a vehicle on a public road prescribed under a regulation if— the person collected the liquor from a place outside the area; and the person is travelling with the liquor, via the area, to a destination outside the area; and the travel is uninterrupted, other than— for the person to use a public facility prescribed under a regulation; or because of an emergency; and the liquor is not removed from the vehicle while the vehicle is in the area; and the liquor is stored in— a container that is fixed to the vehicle and locked while the vehicle is left unattended; or the vehicle, that is locked while it is left unattended; and the liquor is not visible from outside the vehicle. (sec.168B-ssec.3B) In a proceeding for a contravention of subsection (1) , for subsection (3A) , the burden of proving that the liquor was collected from a place outside the area and the person is travelling with it, via the area, to a destination outside the area is on the person alleged to have contravened subsection (1) . (sec.168B-ssec.3C) For subsection (3B) , the burden of proof is on the balance of probabilities. (sec.168B-ssec.3D) Also, subsection (1) does not apply to the possession of permitted liquor by a person at residential premises. (sec.168B-ssec.4) In a proceeding for an offence against subsection (1) , proof that liquor was, at the material time, in or on a vehicle is conclusive evidence that the operator of the vehicle had in possession all the liquor in or on the vehicle unless the operator proves that, at the time, he or she neither knew nor had reason to suspect that the liquor was in or on the vehicle. (sec.168B-ssec.5) For subsection (4) , it is immaterial that another person claims to have had in possession any of the liquor at the material time. (sec.168B-ssec.6) In this section— carrier means a carrier, delivery person or other person engaged in the ordinary course of lawful business of delivering liquor. licensed premises includes premises to which a permit relates. operator , of a vehicle, includes— the person in command or control, or who appears to be in command or control, of the vehicle; and for a vehicle registered in a State or Territory under a law of the State or Territory providing for the registration of vehicles—the person in whose name the vehicle is so registered. permitted liquor means liquor of a type that may, under the regulation that makes the declaration mentioned in subsection (1) , be possessed in the area, other than under the authority of a restricted area permit. public facility means a facility for use by the public. public road means a road ordinarily used by the public. residential premises see the Residential Tenancies and Rooming Accommodation Act 2008 , section 10 . vehicle includes a boat and an aircraft. - (a) for a first offence—375 penalty units; or - (b) for a second offence—525 penalty units or 6 months imprisonment; or - (c) for a third or later offence—750 penalty units or 18 months imprisonment. - (a) a licensee or permittee in the licensee’s or permittee’s licensed premises; or - (b) a carrier, licensee or permittee who— (i) has collected it from, and is delivering it to, licensed premises in the area; or (ii) has collected it from licensed premises outside the area and is delivering it to licensed premises in the area; or (iii) has collected it from licensed premises in the area and is delivering it to licensed premises outside the area; or - (i) has collected it from, and is delivering it to, licensed premises in the area; or - (ii) has collected it from licensed premises outside the area and is delivering it to licensed premises in the area; or - (iii) has collected it from licensed premises in the area and is delivering it to licensed premises outside the area; or - (c) if the liquor was seized under part 7 , division 1 —a carrier who is carrying it, under the direction of an investigator, in a restricted area; or - (d) a licensee or permittee who has collected it from licensed premises outside the area and is delivering it, via the area, by means of a vehicle to a person at premises outside the area. - (i) has collected it from, and is delivering it to, licensed premises in the area; or - (ii) has collected it from licensed premises outside the area and is delivering it to licensed premises in the area; or - (iii) has collected it from licensed premises in the area and is delivering it to licensed premises outside the area; or - (a) the carrier collected the liquor from a person, and is delivering it by means of a vehicle to another person, at premises outside the restricted area; and - (b) the package or container in which the liquor is to be delivered is labelled in writing on the outside with— (i) the name and address of each of the consignor and the consignee of the liquor; and (ii) if the consignment of the liquor is for the purpose of sale and the seller of the liquor is not the consignor, the name and address of the seller; and (iii) if the consignment of the liquor is for the purpose of sale and the purchaser of the liquor is not the consignee, the name and address of the purchaser; and - (i) the name and address of each of the consignor and the consignee of the liquor; and - (ii) if the consignment of the liquor is for the purpose of sale and the seller of the liquor is not the consignor, the name and address of the seller; and - (iii) if the consignment of the liquor is for the purpose of sale and the purchaser of the liquor is not the consignee, the name and address of the purchaser; and - (c) the liquor is not removed from the vehicle while the vehicle is in the restricted area; and - (d) the liquor is securely stored in— (i) a locked container fixed to the vehicle; or (ii) a part of the vehicle that is locked; and - (i) a locked container fixed to the vehicle; or - (ii) a part of the vehicle that is locked; and - (e) neither the liquor, nor the package or container mentioned in paragraph (b) , is visible from outside the vehicle. - (i) the name and address of each of the consignor and the consignee of the liquor; and - (ii) if the consignment of the liquor is for the purpose of sale and the seller of the liquor is not the consignor, the name and address of the seller; and - (iii) if the consignment of the liquor is for the purpose of sale and the purchaser of the liquor is not the consignee, the name and address of the purchaser; and - (i) a locked container fixed to the vehicle; or - (ii) a part of the vehicle that is locked; and - (a) the person collected the liquor from a place outside the area; and - (b) the person is travelling with the liquor, via the area, to a destination outside the area; and - (c) the travel is uninterrupted, other than— (i) for the person to use a public facility prescribed under a regulation; or (ii) because of an emergency; and - (i) for the person to use a public facility prescribed under a regulation; or - (ii) because of an emergency; and - (d) the liquor is not removed from the vehicle while the vehicle is in the area; and - (e) the liquor is stored in— (i) a container that is fixed to the vehicle and locked while the vehicle is left unattended; or (ii) the vehicle, that is locked while it is left unattended; and - (i) a container that is fixed to the vehicle and locked while the vehicle is left unattended; or - (ii) the vehicle, that is locked while it is left unattended; and - (f) the liquor is not visible from outside the vehicle. - (i) for the person to use a public facility prescribed under a regulation; or - (ii) because of an emergency; and - (i) a container that is fixed to the vehicle and locked while the vehicle is left unattended; or - (ii) the vehicle, that is locked while it is left unattended; and - (a) the person in command or control, or who appears to be in command or control, of the vehicle; and - (b) for a vehicle registered in a State or Territory under a law of the State or Territory providing for the registration of vehicles—the person in whose name the vehicle is so registered.