Liquor Act 2010 Part 2
Section 16
Liquor Amendment Bill 2025 page 15
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(c) the person does not hold a current same-day delivery RSA1
certificate.2
Maximum penalty: 50 penalty units.3
(2) A person commits an offence if—4
(a) the person is a same-day delivery provider; and5
(b) the person takes a delivery order for the supply of liquor by6
same-day delivery; and7
(c) a delivery person supplies the liquor to someone else under the8
order; and9
(d) the delivery person does not hold a current same-day delivery10
RSA certificate.11
Maximum penalty: 50 penalty units.12
(3) A person commits an offence if—13
(a) the person is a delivery person; and14
(b) the person supplies liquor to someone else by same-day15
delivery; and16
(c) the person does not hold a current same-day delivery RSA17
certificate.18
Maximum penalty: 10 penalty units.19
(4) An offence against this section is a strict liability offence.20
(5) For this section, a same-day delivery provider that is a corporation21
holds a current same-day delivery RSA certificate if each person in22
the corporation having day-to-day control of delivery operations for23
the supply of liquor by same-day delivery holds a current same-day24
delivery RSA certificate.25
Part 2 Liquor Act 2010
Section 16
page 16 Liquor Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
143S Same-day delivery provider must keep same-day delivery1
RSA certificates2
(1) A person commits an offence if—3
(a) the person is a same-day delivery provider; and4
(b) the person fails to keep a copy of a current same-day delivery5
RSA certificate for—6
(i) if the provider is an individual—the provider; and7
(ii) if the provider is a corporation—each person in the8
corporation having day-to-day control of delivery9
operations for supplying liquor by same-day delivery; and10
(iii) each delivery person who currently supplies liquor by11
same-day delivery under delivery orders taken by the12
provider.13
Maximum penalty: 20 penalty units.14
(2) An offence against this section is a strict liability offence.15
Division 8A.5 Same-day delivery—children, young16
people and intoxicated people17
143T Same-day delivery provider must verify customer age18
(1) A person commits an offence if—19
(a) the person is a same-day delivery provider; and20
(b) the person takes a delivery order from a customer for the supply21
of liquor by same-day delivery; and22
(c) the person has not verified the customer’s age in a way that23
complies with any requirements prescribed by regulation.24
Maximum penalty: 50 penalty units.25
(2) An offence against this section is a strict liability offence.26
Liquor Act 2010 Part 2
Section 16
Liquor Amendment Bill 2025 page 17
Authorised by the ACT Parliamentary Counsel—also accessible at
143U Same-day delivery of liquor not permitted to child or1
young person2
(1) A person commits an offence if—3
(a) the person is a same-day delivery provider; and4
(b) the person takes a delivery order for the supply of liquor by5
same-day delivery; and6
(c) a delivery person supplies the liquor to another person under the7
order; and8
(d) the other person is a child or young person.9
Maximum penalty: 50 penalty units.10
(2) A person commits an offence if—11
(a) the person is a delivery person; and12
(b) the person supplies liquor to another person by same-day13
delivery; and14
(c) the other person is a child or young person.15
Maximum penalty:16
(a) if the person is also the same-day delivery provider—50 penalty17
units; or18
(b) in any other case—10 penalty units.19
(3) An offence against subsection (2) is a strict liability offence.20
(4) This section does not apply in relation to a young person if the young21
person—22
(a) was at least 16 years old at the time of the offence; and23
Part 2 Liquor Act 2010
Section 16
page 18 Liquor Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) had, at the place of delivery and before the time of the offence,1
shown a delivery person an identification document identifying2
the young person as an adult.3
Note The defendant has an evidential burden in relation to the matters4
mentioned in s (4) (see Criminal Code, s 58).5
143V Delivery person may refuse to supply liquor without6
identification document7
A delivery person may refuse to supply liquor to a person by8
same-day delivery if, when asked at the place of delivery, the person9
does not show the delivery person an identification document10
identifying the person as an adult.11
143W Same-day delivery of liquor not permitted to intoxicated12
person13
(1) A person commits an offence if—14
(a) the person is a same-day delivery provider; and15
(b) the person takes a delivery order for the supply of liquor by16
same-day delivery; and17
(c) a delivery person supplies the liquor to another person under the18
order; and19
(d) the other person is intoxicated.20
Maximum penalty: 50 penalty units.21
(2) A person commits an offence if—22
(a) the person is a delivery person; and23
(b) the person supplies liquor to another person by same-day24
delivery; and25
Liquor Act 2010 Part 2
Section 16
Liquor Amendment Bill 2025 page 19
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(c) the other person is intoxicated.1
Maximum penalty:2
(a) if the person is also the same-day delivery provider—50 penalty3
units; or4
(b) in any other case—10 penalty units.5
(3) An offence against subsection (2) is a strict liability offence.6
143X Same-day delivery of liquor must not be left unattended7
(1) A person commits an offence if—8
(a) the person is a same-day delivery provider; and9
(b) the person takes a delivery order for the supply of liquor by10
same-day delivery; and11
(c) a delivery person supplies the liquor to someone else under the12
order; and13
(d) the delivery person leaves the liquor unattended at the place of14
delivery.15
Maximum penalty: 50 penalty units.16
(2) A person commits an offence if—17
(a) the person is a delivery person; and18
(b) the person supplies liquor to someone else by same-day19
delivery; and20
(c) the person leaves the liquor unattended at the place of delivery.21
Maximum penalty:22
(a) if the person is also the same-day delivery provider—50 penalty23
units; or24
(b) in any other case—10 penalty units.25
(3) An offence against subsection (2) is a strict liability offence.26
Part 2 Liquor Act 2010
Section 16
page 20 Liquor Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Division 8A.6 Protections for delivery people1
143Y Abusive, threatening or intimidating behaviour toward2
delivery person3
(1) A person commits an offence if—4
(a) a delivery person is at a place of delivery under a delivery order;5
and6
(b) the delivery person, at a place of delivery under a delivery order,7
refuses to supply liquor by same-day delivery to the person or8
someone else (the intended recipient); and9
(c) the delivery person tells the intended recipient they refuse to10
supply the liquor because doing so would contravene this Act;11
and12
(d) the person engages in abusive, threatening or intimidating13
behaviour towards the delivery person; and14
(e) the behaviour is because of the refusal.15
Maximum penalty: 10 penalty units.16
(2) An offence against this section is a strict liability offence.17
143Z Same-day delivery provider must report incidents18
(1) This section applies if—19
(a) an incident occurs involving abusive, threatening or intimidating20
behaviour towards a delivery person at the place of delivery21
under a delivery order; or22
(b) an incident occurs involving a person refusing to show a23
delivery person an identification document at the place of24
delivery under a delivery order; or25
(c) an incident prescribed by regulation occurs in the course of the26
supply of liquor by same-day delivery under a delivery order.27
Liquor Act 2010 Part 2
Section 16
Liquor Amendment Bill 2025 page 21
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(2) The same-day delivery provider who took the delivery order must1
give the commissioner a written report about the incident within2
24 hours after it happened.3
(3) The report must include the following details:4
(a) a description of the incident;5
(b) the date and time the incident happened;6
(c) the name, address and contact details of each person involved in7
the incident, including—8
(i) the same-day delivery provider; and9
(ii) the delivery person;10
(d) any action taken by the provider or a delivery person in relation11
to the incident;12
(e) if the incident is reported to a police officer—any reference13
number for the report.14
(4) A person commits an offence if—15
(a) the person is a same-day delivery provider; and16
(b) an incident mentioned in subsection (1) occurs; and17
(c) the person does not give the commissioner a report about the18
incident in accordance with this section.19
Maximum penalty: 10 penalty units.20
143ZA Victimisation of delivery person for refusing to supply21
liquor by same-day delivery22
(1) A person commits an offence if—23
(a) the person is a same-day delivery provider; and24
Part 2 Liquor Act 2010
Section 16
page 22 Liquor Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) a delivery person refuses, or proposes to refuse, to supply liquor1
by same-day delivery under a delivery order taken by the2
provider because they reasonably believe that doing so would3
constitute an offence against this Act; and4
(c) the provider takes, or threatens to take, detrimental action5
against the delivery person; and6
(d) the provider does so wholly or partially because of the delivery7
person’s refusal or proposed refusal.8
Maximum penalty: 50 penalty units.9
(2) An offence against this section is a strict liability offence.10
(3) A regulation may prescribe action that is or is not detrimental action.11
Division 8A.7 Miscellaneous12
143ZB Same-day delivery provider must keep records of supply13
and refusal to supply14
(1) This section applies if a delivery person—15
(a) supplies liquor by same-day delivery under a delivery order; or16
(b) is at the place of delivery under a delivery order but refuses to17
supply the liquor.18
(2) The same-day delivery provider who took the delivery order must19
make a record of the supply or refusal.20
(3) The record must—21
(a) include the information prescribed by regulation; and22
(b) be made in a way prescribed by regulation.23
(4) A person commits an offence if—24
(a) the person is required to make a record of the supply or refusal;25
and26
Liquor Act 2010 Part 2
Section 17
Liquor Amendment Bill 2025 page 23
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) the person does not make the record in accordance with this1
section.2
Maximum penalty: 20 penalty units.3
(5) A person commits an offence if—4
(a) the person makes a record of the supply or refusal; and5
(b) the person does not keep the record for at least 6 years.6
Maximum penalty: 50 penalty units.7
(6) An offence against this section is a strict liability offence.8
143ZC Exemptions9
A regulation may make provision for an exemption from 1 or more10
provisions of this part.11
17 Section 144 heading12
substitute13
144 Commissioner may give directions to prevent14
contravention of Act, licence or permit15
18 New section 144 (2) (g) and (h)16
before the examples, insert17
(g) a same-day delivery provider;18
(h) a delivery person.19
Part 2 Liquor Act 2010
Section 19
page 24 Liquor Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
19 Definitions—div 9.31
Section 149, definition of caution offence, new2
paragraph (fa)3
insert4
(fa) section 203A (Offences—child or young person makes or5
receives order for same day delivery etc);6
20 Grounds for occupational discipline—licensee7
New section 183 (1) (l)8
insert9
(l) the licensee has—10
(i) arranged for a same-day delivery provider to supply liquor11
sold by the licensee by same-day delivery; and12
(ii) failed to take reasonable steps to ensure that the same-day13
delivery provider and its delivery people comply with the14
requirements of this Act.15
21 Section 183 (3)16
omit17
22 New division 12.1A heading18
before division 12.1, insert19
Division 12.1A Preliminary20
23 Section 188 heading21
substitute22
188 Definitions—pt 1223
Liquor Act 2010 Part 2
Section 24
Liquor Amendment Bill 2025 page 25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
24 Section 1881
omit2
division3
substitute4
part5
25 Section 188, new definition of RSA training course6
approval7
insert8
RSA training course approval—see section 189.9
26 Section 188 (as amended)10
relocate to division 12.1A11
27 RSA training course approval—application12
Section 189 (1)13
omit14
about the responsible service of alcohol.15
substitute16
about 1 or both of the following:17
(a) the responsible service of alcohol;18
(b) the responsible same-day delivery of alcohol.19
Part 2 Liquor Act 2010
Section 28
page 26 Liquor Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
28 RSA training course approval—decision on application1
Section 190 (1)2
omit3
approval under section 1894
substitute5
an RSA training course approval6
29 RSA training course approval—form7
New section 191 (ca)8
insert9
(ca) identify whether the training course is about 1 or both of the10
following:11
(i) the responsible service of alcohol;12
(ii) the responsible same-day delivery of alcohol; and13
30 Sections 193 and 19414
substitute15
193 Meaning of general RSA certificate and same-day delivery16
RSA certificate17
(1) In this Act:18
general RSA certificate means—19
(a) a certificate given by an approved RSA training provider under20
section 194 (1) (a); or21
(b) an interstate RSA certificate about the responsible service of22
alcohol.23
Liquor Act 2010 Part 2
Section 30
Liquor Amendment Bill 2025 page 27
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
same-day delivery RSA certificate means—1
(a) a certificate given by an approved RSA training provider under2
section 194 (1) (b); or3
(b) an interstate RSA certificate about the responsible same-day4
delivery of alcohol.5
(2) In this section:6
interstate RSA certificate—7
(a) means a certificate issued by an interstate RSA training8
provider, or under a law in force in Australia relating to the9
supply or consumption of liquor, certifying that a person10
satisfactorily completed, on a stated day, a course about 1 or11
both of the following:12
(i) the responsible service of alcohol;13
(ii) the responsible same-day delivery of alcohol; and14
(b) includes a digital version of the certificate mentioned in15
paragraph (a) provided the validity and currency of the16
certificate can be verified by the commissioner.17
interstate RSA training provider means a registered training18
organisation that holds an approval (however described), under a law19
in force in Australia relating to the supply or consumption of liquor,20
to provide a training course about 1 or both of the following:21
(a) the responsible service of alcohol;22
(b) the responsible same-day delivery of alcohol.23
Part 2 Liquor Act 2010
Section 31
page 28 Liquor Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
194 RSA training providers must give RSA certificates1
(1) If an approved RSA training provider is satisfied that a person has2
satisfactorily completed an approved RSA training course provided3
by the provider, the provider must give the person—4
(a) for a course about the responsible service of alcohol—a general5
RSA certificate; and6
(b) for a course about the responsible same-day delivery of7
alcohol—a same-day delivery RSA certificate.8
(2) The certificate must—9
(a) certify that the person satisfactorily completed a stated approved10
RSA training course on a stated day; and11
(b) state when the certificate expires.12
(3) A general RSA certificate or a same-day delivery RSA certificate13
expires 5 years after the day the person satisfactorily completes the14
course.15
31 Offence—consume liquor at certain public places16
Section 199 (1) (b) (iv)17
omit18
place19
substitute20
public place21
32 Section 199 (5)22
omit23
Liquor Act 2010 Part 2
Section 33
Liquor Amendment Bill 2025 page 29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
33 Offence—possess open container of liquor at certain1
public places2
Section 200 (1) (b) (iv)3
omit4
place5
substitute6
public place7
34 Section 200 (4), definition of light rail stop8
omit9
35 New section 203A10
insert11
203A Offences—child or young person makes or receives12
order for same-day delivery etc13
(1) A person commits an offence if—14
(a) the person is a child or young person; and15
(b) the person—16
(i) places a delivery order with a same-day delivery provider17
for the supply of liquor by same-day delivery; or18
(ii) takes delivery of liquor supplied by same-day delivery.19
Maximum penalty: 5 penalty units.20
Note A police officer may caution a child or young person in relation to this21
offence (see s 150).22