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Liquor Control Reform Act 1998
106KLicensee or permittee must keep records of barring orders
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106K Licensee or permittee must keep records of barring orders
(1) A licensee or permittee must keep a record of any barring order issued under this Part, including a copy of any variation or revocation of a barring order, in respect of the licensee's or permittee's licensed premises.
S. 106K(2) amended by Nos 37/2014 s. 10(Sch. item 96.9(a)), 26/2022 s. 23(2).
(2) A licensee or permittee must produce the records required to be kept under subsection (1) for inspection on being asked to do so by a police officer or a liquor inspector.
S. 106K(3) amended by Nos 37/2014 s. 10(Sch. item 96.9(b)), 26/2022 s. 23(2).
(3) A police officer or liquor inspector must not, except to the extent necessary to carry out the police officer's or inspector's functions under this Part, give to any other person, any information acquired under subsection (2).
(4) A licensee or permittee must not disclose any records required to be kept under subsection (1), or information contained in those records, to any other person except in accordance with subsection (2).
(5) The records required to be kept under subsection (1) in relation to a barring order must be destroyed 3 years after the expiry or revocation of the barring order.
Note to s. 106K inserted by No. 13/2013 s. 29(5).
Section 53A applies to an offence against subsection (1), (2), (4) or (5).
Part 8—Offences and enforcement
Division 1—General offences
107 Unlicensed selling of liquor
S. 107(1) amended by No. 92/2004 s. 23(2)(b), substituted by No. 73/2007 s. 20(1).
(1) A person who is not a licensee must not sell liquor or offer liquor for sale.
Penalty: 240 penalty units or imprisonment for 2 years.
S. 107(2) amended by No. 73/2007 s. 20(2).
(2) Subsection (1) does not apply to the sale of liquor, or the offer of liquor for sale, by an employee or agent of a licensee if the sale or offer is in accordance with the licence and this Act.
(3) If a person is convicted of an offence under this section, the court must also order all liquor which is found in the possession of the person and the vessels containing it to be forfeited.
(4) For the purposes of this section, proof of consumption or intended consumption of liquor on any premises by a person other than the occupier of the premises is, as against the occupier, evidence that the liquor was sold to the person consuming or intending to consume it.
(5) The fact of there being on any premises more liquor than is reasonably required for the use of the persons residing on those premises is evidence of the sale of liquor by the occupier.
(6) Subsections (4) and (5) do not apply to premises if the court is satisfied that the premises are used solely for residential purposes.