QLDIn ForceAct
Liquor Act 1992
sec.168CAttempt to take liquor into restricted area
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### sec.168C Attempt to take liquor into restricted area
A person must not attempt to enter a relevant restricted area if the person has in possession more than the prescribed quantity of a type of liquor for the area.
Maximum penalty—375 penalty units.
Subsection (1) does not apply to—
a carrier, licensee or permittee who, in the ordinary course of lawful business, has collected the liquor from licensed premises outside the area and is delivering it to licensed premises in the area; or
a carrier who, in the ordinary course of lawful business, has collected the liquor from a person outside the area and is delivering it, via the area, by means of a vehicle to another person at premises outside the area; or
a licensee or permittee who, in the ordinary course of lawful business, has collected the liquor 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; or
a person, other than a carrier, licensee or permittee in possession of the liquor in the ordinary course of lawful business, who has collected it from a place outside the area and is travelling with it, via the area, to a destination outside the area; or
a person who is a permittee under a restricted area permit that authorises the permittee to possess in the area more than the prescribed quantity of the type of liquor for the area if the quantity of that type of liquor possessed by the person is not more than that allowed under the permit.
In a proceeding for a contravention of subsection (1) , for subsection (2) (d) , 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 (3) , the burden of proof is on the balance of probabilities.
In this section—
carrier see section 168B (6) .
s 168C ins 2008 No. 30 s 23
amd 2008 No. 66 s 4 sch ; 2013 No. 25 s 155
(sec.168C-ssec.1) A person must not attempt to enter a relevant restricted area if the person has in possession more than the prescribed quantity of a type of liquor for the area. Maximum penalty—375 penalty units.
(sec.168C-ssec.2) Subsection (1) does not apply to— a carrier, licensee or permittee who, in the ordinary course of lawful business, has collected the liquor from licensed premises outside the area and is delivering it to licensed premises in the area; or a carrier who, in the ordinary course of lawful business, has collected the liquor from a person outside the area and is delivering it, via the area, by means of a vehicle to another person at premises outside the area; or a licensee or permittee who, in the ordinary course of lawful business, has collected the liquor 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; or a person, other than a carrier, licensee or permittee in possession of the liquor in the ordinary course of lawful business, who has collected it from a place outside the area and is travelling with it, via the area, to a destination outside the area; or a person who is a permittee under a restricted area permit that authorises the permittee to possess in the area more than the prescribed quantity of the type of liquor for the area if the quantity of that type of liquor possessed by the person is not more than that allowed under the permit.
(sec.168C-ssec.3) In a proceeding for a contravention of subsection (1) , for subsection (2) (d) , 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.168C-ssec.4) For subsection (3) , the burden of proof is on the balance of probabilities.
(sec.168C-ssec.5) In this section— carrier see section 168B (6) .
- (a) a carrier, licensee or permittee who, in the ordinary course of lawful business, has collected the liquor from licensed premises outside the area and is delivering it to licensed premises in the area; or
- (b) a carrier who, in the ordinary course of lawful business, has collected the liquor from a person outside the area and is delivering it, via the area, by means of a vehicle to another person at premises outside the area; or
- (c) a licensee or permittee who, in the ordinary course of lawful business, has collected the liquor 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; or
- (d) a person, other than a carrier, licensee or permittee in possession of the liquor in the ordinary course of lawful business, who has collected it from a place outside the area and is travelling with it, via the area, to a destination outside the area; or
- (e) a person who is a permittee under a restricted area permit that authorises the permittee to possess in the area more than the prescribed quantity of the type of liquor for the area if the quantity of that type of liquor possessed by the person is not more than that allowed under the permit.