TASIn ForceAct
Liquor Licensing Act 1990
38AProhibition of sale of undesirable liquor products
Start here
Get a plain-English read of 38A
Turn the raw legal text into a practical explanation grounded in Liquor Licensing Act 1990.
### 38A Prohibition of sale of undesirable liquor products
> [*\[Section 38A Inserted by No. 51 of 2015, s. 38, Applied:01 Sep 2016\]*](/view/html/inforce/2016-09-01/act-2015-051#GS38@EN)
>
> > (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)](#GS38A@Gs1@EN) –
> >
> > > > (a) in the *Gazette*; and
> > >
> > > > (b) in a newspaper generally circulating in Tasmania.
>
> > (3) A declaration under [subsection (1)](#GS38A@Gs1@EN) 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)](#GS38A@Gs1@EN) 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](/view/html/inforce/2026-04-12/act-1953-050) .