Div 7ASale of liquor through direct sales transaction

Division 7A—Sale of liquor through direct sales transaction 107A—Sale of liquor through direct sales transaction (1) A licensee who advertises a sale of liquor by direct sales transaction must cause the identifying number on the licence authorising such sale to be displayed on any advertisement published or distributed by or on behalf of the licensee (whether in printed form or electronically). (2) A licensee who sells liquor through direct sales transaction must, at the time the liquor is ordered, require the prospective purchaser to notify the licensee of the prospective purchaser's date of birth, unless the prospective purchaser has previously notified the licensee of the purchaser's date of birth. (3) A licensee who sells liquor through direct sales transaction must provide instructions to the person responsible for the delivery of the liquor that the liquor must only be delivered— (a) to the adult person who purchased the liquor; or (b) to the adult person nominated by the purchaser; or (c) in accordance with the instructions of the purchaser. (4) A person who delivers liquor purchased through direct sales transaction in accordance with subsection (3)(a) or (b) must— (a) require a person who takes delivery of the liquor to produce evidence as to the person's identity and age, that complies with the requirements of the regulations; and (b) make a record of such evidence in a manner prescribed by the regulations. (5) A minor who makes a false statement or produces false evidence in response to a requirement under subsection (4)(a) is guilty of an offence. (6) If delivery of liquor sold through direct sales transaction is taken by a minor— (a) in the case of a licensee—the delivery will be taken to constitute a supply to which section 110(1a) applies, and the licensee will be taken to have supplied the liquor contrary to section 110(1a); and (b) in the case of a person by whom the liquor was delivered on the licensee's behalf—the delivery will be taken to constitute a supply to which section 110A(1) applies, and the person will be taken to have supplied the liquor contrary to section 110A(1). (7) Subsection (6)(a) does not apply to a licensee if the licensee proves— (a) that the licensee complied with the requirements in subsections (2) and (3); and (b) that at the time of the alleged offence, the licensee did not know, and could not reasonably be expected to have known, that the alleged offence was committed. (8) Subsection (6)(b) does not apply to a person if the person proves that— (a) the person required the minor to produce evidence of age that complies with the requirements of the regulations; and (b) the minor made a false statement, or produced false evidence, in response to that requirement; and (c) in consequence the person reasonably assumed that the minor was of or above the age of 18 years. (9) A person must not direct or request a minor to take delivery of liquor sold through direct sales transaction. (10) A licensee must not employ or engage a minor to deliver liquor sold by the licensee through direct sales transaction. Division 8—Sale or supply to intoxicated persons 108—Liquor not to be sold or supplied to intoxicated persons (1) If liquor is sold or supplied on licensed premises to an intoxicated person, each of the following persons is guilty of an offence: (a) the licensee; (b) if the licence in respect of the licensed premises is held by a trust or corporate entity, each person occupying a position of authority in the trust or corporate entity; (c) the responsible person for the licensed premises; (d) the person by whom the liquor is sold or supplied. (a) for a first offence—$20 000; (b) for a second or subsequent offence—$40 000. (1a) In any proceedings for an offence against subsection (1) where it is alleged that a person was sold or supplied liquor on particular licensed premises, the allegation constitutes proof that the sale or supply occurred on the licensed premises in the absence of proof to the contrary. (2) It is a defence to a charge of an offence against subsection (1) for the defendant to prove— (a) if the defendant is the person by whom the liquor was sold or supplied, that the defendant— (i) believed on reasonable grounds that the person to whom it was sold or supplied was not intoxicated; and (ii) took reasonable steps to comply with the provisions of the Commissioner's codes of practice relating to the responsible service of alcohol designated by the Commissioner as mandatory provisions for the purposes of this subparagraph; or (b) if the defendant is— (i) the licensee; or (ii) a person occupying a position of authority in a trust or corporate entity (in the case of a licensee that is a trust or corporate entity); or (iii) the responsible person for the licensed premises, and did not personally sell or supply the liquor—that the defendant— (iv) exercised proper care to prevent the sale or supply of liquor in contravention of subsection (1); and (v) has reasonable processes in place for ensuring that persons by whom liquor is sold or supplied on the licensed premises comply with the provisions of the Commissioner's codes of practice relating to the responsible service of alcohol designated by the Commissioner as mandatory provisions for the purposes of paragraph (a)(ii). Division 9—Miscellaneous requirements 109—Copy of licence etc to be kept on licensed premises (1) A licensee must ensure that an up to date copy of the licence, showing all conditions of, and endorsements on, the licence, is displayed at all times, in accordance with the requirements (if any) prescribed by the regulations, at or near the front entrance to the licensed premises so that it is readily visible to members of the public. (1a) A licensee must ensure that an up to date copy of the plan of the licensed premises is kept at the licensed premises and made available on request to a police officer or inspector. (2) A person who fails, without reasonable excuse, to comply with a requirement under this section is guilty of an offence. 109A—Records of liquor transactions (1) A licensee must keep records of all transactions involving the sale or purchase of liquor. (2) The records— (a) must be kept in the form required by the licensing authority; and (b) must contain the information required by the licensing authority; and (c) must be made up as soon as practicable after the transactions to which they relate. (3) A person who is required by this section to keep records must retain the records for 6 years after the date on which they were compiled. (4) A person who fails to keep or retain records as required by this section is guilty of an offence. 109B—Returns (1) A licensee must, if so required by the Commissioner, lodge returns with the Commissioner containing information the Commissioner requires relating to transactions involving the sale or purchase of liquor or other matters specified by the Commissioner for the purposes of this Act. (2) If returns are required under subsection (1), they must be lodged at the times, or periodic intervals, specified by the Commissioner. (3) If a licensee— (a) fails to lodge a return as required under this section; or (b) includes in such a return information that is false or misleading in a material particular, the licensee is guilty of an offence. Expiation fee: for an offence against paragraph (a)—$315.