46DSale of liquor through internet or by other communication media

### 46D Sale of liquor through internet or by other communication media > [*\[Section 46D Inserted by No. 51 of 2015, s. 46, Applied:01 Sep 2016\]*](/view/html/inforce/2016-09-01/act-2015-051#GS46@EN) > > > (1)  A licensee who sells liquor by taking orders over the telephone or by facsimile or by mail order must cause the licence number to be prominently displayed in any advertisement or information published, whether in writing or electronically, in connection with such sales. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (2)  A licensee who sells liquor through an internet site must ensure that – > > > > > > (a) the licence number is prominently displayed on the site and in any advertisement or information published, whether in writing or electronically, in connection with such sales; and > > > > > > > (b) a notice in a form approved or provided for the purpose by the Commissioner is displayed prominently on the site at all times. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (3)  A licensee who sells liquor by taking orders over the telephone or by facsimile or by mail order, or who sells liquor through an internet site must – > > > > > > (a) at the time at which an agreement for sale is made, require the prospective purchaser to supply the purchaser’s date of birth unless it has previously been supplied to the licensee; and > > > > > > > (b) give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered – > > > > > > > > > > (i) to the adult person who placed the order; or > > > > > > > > > > > (ii) to another adult person at those premises who undertakes to accept it on behalf of the person who placed the order; or > > > > > > > > > > > (iii) if the sale was made through an internet site, in accordance with the customer’s instructions. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (4)  If delivery of any liquor sold in a manner described in this section is taken by a person under the age of 18 years, the licensee, and any person who delivers the liquor on the licensee's behalf, is guilty of an offence. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (5)  It is a defence in proceedings for an offence under [subsection (4)](#GS46D@Gs4@EN) if the licensee establishes that he or she complied with the requirements of [subsection (3)](#GS46D@Gs3@EN) in relation to the sale. > > > (6)  It is a defence in proceedings for an offence under [subsection (4)](#GS46D@Gs4@EN) if the defendant establishes that, at the time of the alleged offence, he or she did not know, and could not reasonably be expected to have known, that the alleged offence was committed. > > > (7)  A person must not order or request a person under the age of 18 years to take delivery of liquor sold in a manner described in this section. > > > > Penalty:  Fine not exceeding 20 penalty units. > > > (8)  This section does not apply to or in respect of the sale of liquor to licensees or permit holders.