38AProhibition of sale of undesirable liquor products

38A Prohibition of sale of undesirable liquor products

[Section 38A Inserted by No. 51 of 2015, s. 38, Applied:01 Sep 2016]

(1)  The Minister, by notice, may declare a specified liquor product, or class of liquor products, to be an undesirable liquor product if the Minister is satisfied that it is in the public interest to do so.

(2)  The Minister is to publish notice of a declaration under subsection (1)  –

(a) in the Gazette; and

(b) in a newspaper generally circulating in Tasmania.

(3)  A declaration under subsection (1) takes effect from the date of publication of the notice in the Gazette or from such later date as is specified in that notice.

(4)  A person must not sell a liquor product, or liquor product that is part of a class of liquor products, that is declared under subsection (1) to be an undesirable liquor product.

Penalty:  Fine not exceeding 50 penalty units.

(5)  A licensee or permit holder is guilty of an offence if a person authorized by the licensee or permit holder to sell liquor on the licensed premises or permit premises sells a liquor product, or liquor product that is part of a class of liquor products, that is declared under subsection (1) to be an undesirable liquor product.

Penalty:  Fine not exceeding 100 penalty units.

(6)  A notice under this section is not a statutory rule for the purposes of the Rules Publication Act 1953 .