Liquor Act 2010
200Offence—possess open container of liquor at certain
Start here
Get a plain-English read of 200
Turn the raw legal text into a practical explanation grounded in Liquor Act 2010.
200 Offence—possess open container of liquor at certain public places (a) the person possesses an open container of liquor or low-alcohol (b) the liquor or low-alcohol liquor is possessed at— (i) a bus interchange; or (ii) a bus station; or (iii) a light rail stop; or (iv) a place that is within 50m from— (A) a bus interchange; or (B) a bus station; or (C) a light rail stop; or (D) a shop; or (E) licensed premises or permitted premises; or (v) a permanent alcohol-free place; or (vi) a temporary alcohol-free place; and (c) the person intends to consume the liquor or low-alcohol liquor at the place. (2) This section does not apply to the possession of liquor or low-alcohol (a) at licensed premises or permitted premises; or (b) at premises where food is sold for consumption at the premises; or
(c) at a place that is within 50m from premises mentioned in paragraph (a) or (b) by a person using furniture or other facilities provided by the proprietor or lessee of the premises. (3) In a prosecution for an offence against this section, a substance is presumed to be liquor if— (a) the substance is in a container; and (b) a label or other mark on the container describes the contents as Examples—label or mark that describes container contents as liquor 1 ‘2.6% Alc/Vol’ printed on a can 2 ‘14% Alc/Vol’ printed on the label of a bottle Note A person rebutting the presumption in s (3) has an evidential burden in relation to the rebuttal (see Criminal Code, s 58). light rail stop—see the Road Transport (Public Passenger Services) Regulation 2002, dictionary. open, for a container, includes— (a) a container with the manufacturer's seal broken; and (b) a container where the contents are accessible.