6Exemptions from Act

#### 6 Exemptions from Act 6 Exemptions from Act > > (1) General exemptions This Act does not apply to or in respect of the following— > > > > > (a) the sale of liquor to an adult on such trains under the control of Sydney Trains or NSW Trains as are determined by those corporations, > > > > > (b) the sale of spirituous or distilled perfume as perfumery only and not for drinking, > > > > > (c) the sale of liquor for medicinal purposes by a medical practitioner, nurse practitioner, midwife practitioner or pharmacist, > > > > > (d) the sale of liquor to an adult at an auction conducted by an auctioneer, but only if such requirements (if any) as are prescribed by the regulations are complied with, > > > > > (e) the sale of liquor taken in execution or under similar process, or forfeited to the Crown, if the sale is by or on behalf of the sheriff or a sheriff’s officer, or a bailiff or a police officer, > > > > > (f) the sale of liquor to an adult on board a vessel engaged in interstate or overseas voyages, but only if such requirements (if any) as are prescribed by the regulations are complied with, > > > > > (g) the sale of liquor to an adult on board an aircraft, except in the case of a charter service where a person other than the aircraft operator sells or supplies liquor on board the aircraft, > > > > > (h) the sale of liquor authorised by a law of the Commonwealth for the export of the liquor from the Commonwealth, > > > > > (i) (Repealed) > > > > > (j) the sale or supply of liquor to an adult who— > > > > > > > (i) is accommodated in a nursing home within the meaning of the [Public Health Act 2010](/view/html/inforce/current/act-2010-127), and > > > > > > > (ii) is receiving nursing care, > > > > > > if the liquor is sold or supplied by a person in charge of, or a person acting with the authority of a person in charge of, the nursing home, > > > > > (k) the sale or supply of liquor to an adult who— > > > > > > > (i) is an in-patient of a public hospital within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), or > > > > > > > (ii) is an overnight patient of a private health facility within the meaning of the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009), or > > > > > > > (iii) is an in-patient of any other medical facility of a class prescribed by the regulations, > > > > > > if the liquor is sold or supplied by a person in charge of, or a person acting with the authority of a person in charge of, the hospital or facility, > > > > > (l) the sale or supply of liquor in such other circumstances as may be prescribed by the regulations. > > > (1A) Exemption for gift services in certain circumstances This Act does not apply to or in respect of the sale or supply of liquor that is part of a sale of flowers or food designed to be delivered as a gift to a person (other than the purchaser) specified by the purchaser, but only if the following requirements are complied with— > > > > > (a) the business of the vendor is promoted or marketed as a genuine gift service, > > > > > (b) the gift is packaged and presented in such a manner that any person receiving it would assume it to be a genuine gift, > > > > > (c) the gift is delivered to the person specified by the purchaser at a place other than the premises at which the business of the vendor is conducted, > > > > > (d) the person to whom the gift is delivered is an adult, > > > > > (e) the gift is delivered between 7am and 7pm (except in the case where unforeseen circumstances have delayed the delivery of the gift during that period), > > > > > (f) the volume of liquor supplied as part of the gift does not exceed 2 litres, > > > > > (g) the liquor has been purchased by the vendor on a retail basis. > > > (2) Exemption for bed and breakfast establishments in certain circumstances This Act does not apply to or in respect of the sale or supply of liquor to the guests of a bed and breakfast establishment (the B&B), but only if the following requirements are complied with— > > > > > (a) no more than 8 adult guests are staying at the B&B at the one time, > > > > > (b) the liquor is not supplied to a minor, > > > > > (c) the liquor has been purchased by the proprietor of the B&B on a retail basis, > > > > > (d) the sale or supply is ancillary to the provision of accommodation or a meal, > > > > > (e) any person who sells, supplies or serves liquor to a guest has obtained the same qualifications with respect to responsible service of alcohol as licensees and employees of licensees are required to obtain under this Act, > > > > > (f) the proprietor of the B&B has notified the Authority, in the form and manner approved by the Authority, that the B&B sells or supplies liquor to guests as provided by this subsection. > > > (3) Exemption for retirement villages in certain circumstances This Act does not apply to or in respect of the sale or supply of liquor to an adult who is a resident of a retirement village (or who is the guest of such a resident) at any gathering held in the village, but only if the following requirements are complied with— > > > > > (a) a member of the Residents Committee for the village, or a person nominated by the Residents Committee, is present at the gathering to supervise the sale and supply of liquor and the conduct of the gathering, > > > > > (b) the liquor that is sold or supplied at the gathering has been purchased on a retail basis, > > > > > (c) the gathering has not been organised, or is not being conducted, by the operator of the retirement village. > > > (4) In subsection (3), operator, resident, Residents Committee and retirement village have the same meanings as in the [Retirement Villages Act 1999](/view/html/inforce/current/act-1999-081). > > > (5) Exemption for fundraising functions held by non-proprietary associations Subject to this section, this Act does not apply to or in respect of the sale or supply of liquor at a function held by or on behalf of an eligible non-proprietary association if the following requirements are complied with— > > > > > (a) the purpose of the function is to raise funds for the benefit of the association or the community, > > > > > (b) the sale or supply of liquor is ancillary to that purpose, > > > > > (c) liquor is sold or supplied from one bar only, > > > > > (d) liquor is sold or supplied for consumption on the premises only and only in open containers, > > > > > (e) liquor is sold or supplied for a continuous period of not more than 4 hours, > > > > > (f) liquor is not sold or supplied before 6 am or after midnight, > > > > > (g) any person who sells, supplies or serves liquor at the function has the same qualifications with respect to responsible service of alcohol as licensees and employees of licensees are required to have under this Act, > > > > > (h) liquor is not sold or supplied to minors, > > > > > (i) a member of the non-proprietary association who is an adult, or a person involved in the management of the association who is an adult, and who is not intoxicated, is to be present in the immediate vicinity of the bar area at all times that minors are present at the function, > > > > > (j) liquor is not sold or supplied to a person who is intoxicated, > > > > > (k) meals or other prepared food (namely, food requiring preparation, cooking or reheating before being eaten) and free drinking water are available whenever liquor is sold or supplied, > > > > > (l) police officers and inspectors are permitted full and free access to the premises where the function is held at all times while the function is being held, > > > > > (m) notice, in the form and manner approved by the Secretary, of the function has been given, at least 14 days before the function is held, to the Secretary, local police and the local council in whose area the function is to be held, > > > > > (n) no more than 250 people are attending the function, > > > > > (o) no more than 6 functions in any period of 12 months are held in accordance with the exemption under this subsection. > > > (6) A non-proprietary association is not an eligible association for the purposes of subsection (5) if— > > > > > (a) the association is subject to an order under subsection (7), or > > > > > (b) a limited licence is held on behalf of the association, or > > > > > (c) an order under section 141(2)(i) that a limited licence is not to be granted to any person on behalf of the association is in force, or > > > > > (d) any disciplinary action under section 141 has, during the period of 6 months before any function is held in accordance with the exemption under subsection (5), been taken against a person who held a limited licence on behalf of the association, or > > > > > (e) the association, or the secretary or an office holder of the association, has committed a prescribed offence within the meaning of section 144B during the period of 6 months before any function is held in accordance with the exemption under subsection (5). > > > > For the purposes of paragraph (e), a prescribed offence is committed in the circumstances referred to in section 144C. > > > (7) The Secretary may, by order in writing given to a non-proprietary association, declare that the association is not an eligible association for the purposes of subsection (5). Any such order has effect for the period specified in the order. > > > (8) The regulations may— > > > > > (a) create exceptions to subsection (5) (including modifying any of the requirements specified in that subsection), and > > > > > (b) prescribe additional requirements that must be complied with for the purposes of subsection (5). > > > (9) Any offence that is committed under this Act because the requirements of subsection (5) are not complied with is taken to have been committed by— > > > > > (a) the non-proprietary association holding the function or on whose behalf the function is held, or > > > > > (b) in the case of a non-proprietary association that is not incorporated—the secretary or other relevant office holder of the association. > > > (10) Directions relating to conduct of functions under subsection (5) The Secretary may give a written direction to a non-proprietary association or, in the case of a non-proprietary association that is not incorporated, to the secretary of the association or other relevant office holder of the association, that relates to the conduct of a function held by or on behalf of the association in accordance with the exemption under subsection (5). > > > (11) Without limitation, any such direction may prohibit or restrict the sale or supply of liquor at any such function. > > > (12) A direction under subsection (10)— > > > > > (a) takes effect when it is given to the non-proprietary association or person concerned or on a later date specified in the direction, and > > > > > (b) may be varied or revoked by the Secretary, and > > > > > (c) has effect despite the exemption under subsection (5). > > > (13) A non-proprietary association or person who, without reasonable excuse, fails to comply with a direction given to the association or person under subsection (10) is guilty of an offence. > > > > Maximum penalty—50 penalty units. > > > (14) General provision For the avoidance of doubt, an exemption under this section does not have effect if any requirement that applies in relation to the exemption is not complied with. > > **s 6:** Am 2007 No 9, Sch 5.18 (subst 2009 No 106, Sch 5.15); 2010 No 34, Sch 2.32; 2010 No 127, Sch 4.14; 2011 No 72, Sch 2 \[4\] \[5\]; 2014 No 76, Sch 1 \[3\]; 2017 No 12, Schs 1.9, 2.4; 2017 No 50, Sch 5.19.