QLDIn ForceAct
Liquor Act 1992
sec.230Defence to charge if age material
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### sec.230 Defence to charge if age material
If the age of a person is material to a charge of an offence against this Act, it is a defence to prove that, at the time of the offence, the defendant (if the defendant is the actual offender) or an agent or employee (if the defendant is charged merely because of being principal or employer of the actual offender)—
honestly and reasonably believed that the person whose age is material to the offence had attained 18 years; or
had sighted acceptable evidence of age of the person whose age is material to the offence that indicated the person had attained 18 years;
and the operation of section 24 of the Criminal Code is excluded.
Evidence that the defendant (if the defendant is the actual offender) or an agent or employee (if the defendant is charged merely because of being principal or employer of the actual offender) did not request the person whose age is material to the offence to produce acceptable evidence of age is evidence that any belief that the person had attained 18 was not reasonable.
(sec.230-ssec.1) If the age of a person is material to a charge of an offence against this Act, it is a defence to prove that, at the time of the offence, the defendant (if the defendant is the actual offender) or an agent or employee (if the defendant is charged merely because of being principal or employer of the actual offender)— honestly and reasonably believed that the person whose age is material to the offence had attained 18 years; or had sighted acceptable evidence of age of the person whose age is material to the offence that indicated the person had attained 18 years; and the operation of section 24 of the Criminal Code is excluded.
(sec.230-ssec.2) Evidence that the defendant (if the defendant is the actual offender) or an agent or employee (if the defendant is charged merely because of being principal or employer of the actual offender) did not request the person whose age is material to the offence to produce acceptable evidence of age is evidence that any belief that the person had attained 18 was not reasonable.
- (a) honestly and reasonably believed that the person whose age is material to the offence had attained 18 years; or
- (b) had sighted acceptable evidence of age of the person whose age is material to the offence that indicated the person had attained 18 years;