sec.75Restriction on sale of liquor under producer/wholesaler licence

### sec.75 Restriction on sale of liquor under producer/wholesaler licence Subject to subsection (2) , the holder of a producer/wholesaler licence must not sell liquor to a person other than— a licensee or permittee; or a licensee under the Wine Industry Act 1994 ; or a person engaged in an activity to which this Act is prescribed not to apply, if the sale is for the purpose of that activity; or a person authorised by a law of the Commonwealth, another State or a Territory or foreign country to sell liquor, or the person’s agent; or a person exempt from the application of a law of the Commonwealth, another State or a Territory relating to the sale of liquor, or the person’s agent, if the sale is made in circumstances in which the person is so exempt; or a person who purchases the liquor for export; or a person who purchases the liquor for stock in a duty free store; or a person who purchases the liquor to provide it for consumption on ships or aircraft on international journeys; or a person who purchases the liquor to provide it at Government House, or at a foreign embassy or consulate, as part of official activities at the place; or a person who purchases the liquor for a religious entity for sacramental purposes. The holder of a producer/wholesaler licence who is a producer of liquor may— sell the licensee’s liquor and liquor for which the licensee is a wholesaler to a visitor to the licensed premises for consumption on the premises in association with the visitor eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises; and sell the licensee’s liquor, for consumption on or off the licensed premises, to a visitor to the licensed premises, if the liquor is sold as a souvenir of the visit; and to the extent the holder is authorised under section 73 (2) to sell craft beer or artisan spirits produced by the holder to persons at a promotional event—sell the craft beer or artisan spirits to persons at the event. The holder of a producer/wholesaler licence does not contravene this section by selling liquor during any period— to the holder’s staff; or for sampling, promotions or similar purposes; if such sales do not exceed 2.5% by value of the holder’s total sales of liquor during the period. This section does not apply to the holder of a producer/wholesaler licence who holds a brewery licence within the meaning of the Excise Act 1901 (Cwlth) , section 77A in relation to the sale by the licensee of the licensee’s liquor. In this section— licensee’s liquor means liquor produced on the premises to which the licence relates. s 75 amd 2001 No. 39 s 45 sub 2008 No. 48 s 13 amd 2016 No. 4 s 26 ; 2020 No. 38 s 45 ; 2021 No. 4 s 11 (sec.75-ssec.1) Subject to subsection (2) , the holder of a producer/wholesaler licence must not sell liquor to a person other than— a licensee or permittee; or a licensee under the Wine Industry Act 1994 ; or a person engaged in an activity to which this Act is prescribed not to apply, if the sale is for the purpose of that activity; or a person authorised by a law of the Commonwealth, another State or a Territory or foreign country to sell liquor, or the person’s agent; or a person exempt from the application of a law of the Commonwealth, another State or a Territory relating to the sale of liquor, or the person’s agent, if the sale is made in circumstances in which the person is so exempt; or a person who purchases the liquor for export; or a person who purchases the liquor for stock in a duty free store; or a person who purchases the liquor to provide it for consumption on ships or aircraft on international journeys; or a person who purchases the liquor to provide it at Government House, or at a foreign embassy or consulate, as part of official activities at the place; or a person who purchases the liquor for a religious entity for sacramental purposes. (sec.75-ssec.2) The holder of a producer/wholesaler licence who is a producer of liquor may— sell the licensee’s liquor and liquor for which the licensee is a wholesaler to a visitor to the licensed premises for consumption on the premises in association with the visitor eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises; and sell the licensee’s liquor, for consumption on or off the licensed premises, to a visitor to the licensed premises, if the liquor is sold as a souvenir of the visit; and to the extent the holder is authorised under section 73 (2) to sell craft beer or artisan spirits produced by the holder to persons at a promotional event—sell the craft beer or artisan spirits to persons at the event. (sec.75-ssec.3) The holder of a producer/wholesaler licence does not contravene this section by selling liquor during any period— to the holder’s staff; or for sampling, promotions or similar purposes; if such sales do not exceed 2.5% by value of the holder’s total sales of liquor during the period. (sec.75-ssec.4) This section does not apply to the holder of a producer/wholesaler licence who holds a brewery licence within the meaning of the Excise Act 1901 (Cwlth) , section 77A in relation to the sale by the licensee of the licensee’s liquor. (sec.75-ssec.5) In this section— licensee’s liquor means liquor produced on the premises to which the licence relates. - (a) a licensee or permittee; or - (b) a licensee under the Wine Industry Act 1994 ; or - (c) a person engaged in an activity to which this Act is prescribed not to apply, if the sale is for the purpose of that activity; or - (d) a person authorised by a law of the Commonwealth, another State or a Territory or foreign country to sell liquor, or the person’s agent; or - (e) a person exempt from the application of a law of the Commonwealth, another State or a Territory relating to the sale of liquor, or the person’s agent, if the sale is made in circumstances in which the person is so exempt; or - (f) a person who purchases the liquor for export; or - (g) a person who purchases the liquor for stock in a duty free store; or - (h) a person who purchases the liquor to provide it for consumption on ships or aircraft on international journeys; or - (i) a person who purchases the liquor to provide it at Government House, or at a foreign embassy or consulate, as part of official activities at the place; or - (j) a person who purchases the liquor for a religious entity for sacramental purposes. - (a) sell the licensee’s liquor and liquor for which the licensee is a wholesaler to a visitor to the licensed premises for consumption on the premises in association with the visitor eating a meal in a part of the premises ordinarily set aside for dining if the meal is prepared, served and intended to be eaten on the premises; and - (b) sell the licensee’s liquor, for consumption on or off the licensed premises, to a visitor to the licensed premises, if the liquor is sold as a souvenir of the visit; and - (c) to the extent the holder is authorised under section 73 (2) to sell craft beer or artisan spirits produced by the holder to persons at a promotional event—sell the craft beer or artisan spirits to persons at the event. - (a) to the holder’s staff; or - (b) for sampling, promotions or similar purposes;