113AConsumption of liquor on party buses

113A Consumption of liquor on party buses (1) A person who is the operator of a party bus must not permit or allow any liquor to be consumed on the party bus in the prescribed circumstances unless a licence or a BYO permit is in force in respect of the party bus. (2) It is a defence to a prosecution for an offence under subsection (1) for the accused to prove that— (a) the accused did not knowingly permit or allow the consumption of liquor on the party bus; and (b) the accused had taken reasonable steps to ensure the liquor was not consumed on the party bus. (3) For the purposes of subsection (1) the prescribed circumstances are that the party bus— (a) is operating on or after 8 p.m. on a particular day and before 5 a.m. on the following day; and (b) is operating— (i) in a designated area; or (ii) for the purpose of carrying passengers travelling to or from or visiting a designated area. ***Australian Design Rules*** means the Australian Design Rules for Motor Vehicles and Trailers, endorsed by the Australian Transport Advisory Council and published pursuant to section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth; S. 113A(4) def. of *bus* amended by No. 63/2017 s. 21(Sch. 1 item 5). ***bus*** means— (a) a motor vehicle that has been built— (i) with seating positions for 10 or more adults (including the driver); and (ii) to comply with the requirements specified in the Australian Design Rules for a passenger omnibus (within the meaning of those Rules); or (b) a motor vehicle prescribed to be a bus— but does not include— (c) a commercial passenger vehicle within the meaning of the **Commercial Passenger Vehicle Industry Act 2017**; or (d) a motor vehicle prescribed not to be a bus; ***community and private bus service*** means a service— (a) consisting of the carriage of passengers by a bus for or in connection with the activities of a religious, educational, health, welfare, philanthropic, sporting or social body; and (b) which is provided for no consideration or for consideration which is limited to the costs or part of the costs incurred in making the journey; ***operator***, in relation to a party bus, means a person who is responsible for controlling or directing the operations of the party bus but does not include— (a) a person who merely maintains or arranges for the maintenance of a bus; or (b) a person who carries out those functions as the employee of, or under the direction of, another person; or (c) a person in a prescribed class of persons; ***party bus*** means a bus that is operated for hire or reward for the carriage of passengers on the basis that the bus is pre-booked for those passengers but does not include— (a) a bus operated by or for a community and private bus service; or (b) a bus hired by or for a group of passengers who provide their own driver. S. 114 amended by No. 9/2008 s. 5(3) (ILA s. 39B(1)).