101Secretary may restrict or prohibit sale or supply of undesirable liquor products

#### 101 Secretary may restrict or prohibit sale or supply of undesirable liquor products 101 Secretary may restrict or prohibit sale or supply of undesirable liquor products > > (1) The Secretary may, by notice in writing given to a licensee, restrict or prohibit the licensee selling or supplying a liquor product specified in the notice. > > > (2) The Secretary may restrict or prohibit the sale or supply of any such specified liquor product by notice under this section only if the Secretary is satisfied that— > > > > > (a) the name of the liquor product, or its design or packaging, is indecent or offensive, or > > > > > (b) the name of the liquor product, or its design or packaging, encourages irresponsible, rapid or excessive consumption of the product, or > > > > > (c) the name of the liquor product, or its design or packaging, is likely to be attractive to minors, or > > > > > (d) the liquor product is likely, for any reason, to be confused with soft drinks or confectionery, or > > > > > (e) the liquor product is, for any other reason, likely to have a special appeal to minors, or > > > > > (f) it is otherwise in the public interest to restrict or prohibit the licensee selling or supplying the liquor product. > > > (3) The Secretary must not give a notice under this section unless the Secretary is satisfied that the liquor product is being sold on the licensed premises to which the proposed notice relates. > > > (4) The Secretary must not give a notice under this section to a licensee unless the Secretary has— > > > > > (a) provided the licensee with a reasonable opportunity to make submissions in relation to the proposed restriction or prohibition, and > > > > > (b) taken any such submissions into consideration in deciding whether to give the notice. > > > (5) The regulations may prescribe other requirements that the Secretary must comply with in relation to a notice under this section. > > > (6) A notice under this section may, but need not, relate to a liquor product that is declared to be an undesirable liquor product under section 100. > > > (7) A licensee must comply with a notice given to the licensee under this section. > > > > Maximum penalty—50 penalty units. > > **s 101:** Am 2014 No 76, Sch 1 \[52\].