TASIn ForceAct
Liquor Licensing Act 1990
46ALicensees and permit holders to ensure responsible sale and service of liquor
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### 46A Licensees and permit holders to ensure responsible sale and service of liquor
> [*\[Section 46A Inserted by No. 40 of 2003, s. 13, Applied:15 Sep 2003\]*](/view/html/inforce/2003-09-15/act-2003-040#GS13@EN) [*\[Section 46A Substituted by No. 7 of 2008, s. 14, Applied:02 May 2008\]*](/view/html/inforce/2008-05-02/act-2008-007#GS14@EN)
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> > (1) [*\[Section 46A Subsection (1) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016\]*](/view/html/inforce/2016-09-01/act-2015-051#GS45@Hpa@EN) A licensee must not allow a person to sell or serve liquor on the licensed premises unless the person –
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> > > > (a) has successfully completed an approved course; or
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> > > > (b) has been an employee of the licensee for, in aggregate, less than 3 months and is –
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> > > > > > (i) undertaking an approved course; or
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> > > > > > (ii) formally enrolled in an approved course that is scheduled to start within 3 months from the day on which the person is permitted to serve the liquor.
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> > Penalty: [*\[Section 46A Subsection (1) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016\]*](/view/html/inforce/2016-09-01/act-2015-051#GS45@Hpb@EN) Fine not exceeding 20 penalty units.
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> > (1A) [*\[Section 46A Subsection (1A) inserted by No. 51 of 2015, s. 45, Applied:01 Sep 2016\]*](/view/html/inforce/2016-09-01/act-2015-051#GS45@Hpc@EN) An applicant for a liquor permit or a permit holder must successfully complete an approved course, if the Commissioner so directs.
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> > Penalty: Fine not exceeding 20 penalty units.
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> > (2) [*\[Section 46A Subsection (2) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016\]*](/view/html/inforce/2016-09-01/act-2015-051#GS45@Hpe@EN) [*\[Section 46A Subsection (2) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016\]*](/view/html/inforce/2016-09-01/act-2015-051#GS45@Hpd@EN) To demonstrate compliance with [subsection (1)](#GS46A@Gs1@EN) or [(1A)](#GS46A@Gs1A@EN) , a licensee or permit holder must –
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> > > > (a) [*\[Section 46A Subsection (2) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016\]*](/view/html/inforce/2016-09-01/act-2015-051#GS45@Hpg@EN) [*\[Section 46A Subsection (2) amended by No. 51 of 2015, s. 45, Applied:01 Sep 2016\]*](/view/html/inforce/2016-09-01/act-2015-051#GS45@Hpf@EN) keep such records on the licensed premises or permit premises as the Commissioner, by written notice served on the licensee or permit holder, may from time to time require; and
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> > > > (b) produce all or any those records to the Commissioner or an authorized officer on demand.
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> > (3) The Commissioner may exempt the holder of a special licence from the requirements of this section if satisfied that it is not against the public interest to do so.
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> > (4) In this section –
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> > > ***approved course*** means a course of instruction or training in the service of liquor, approved by the Commissioner;
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> > > ***employee*** includes a person engaged under a contract for services.