Part 7Minors

Part 7—Minors 109C—Interpretation In this Part— parent in relation to a minor, includes a step‑parent or legal guardian of the minor; responsible adult in relation to a minor, means an adult who is— (a) a parent of the minor; or (b) standing in the position, and undertaking responsibilities of the parent of the minor; or (c) the spouse or domestic partner of the minor. 110—Sale and supply of liquor to minors on licensed premises (1) If liquor is sold or supplied to a minor on licensed premises by or on behalf of the licensee, 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) in the case of the licensee, a person in a position of authority in the trust or corporate entity that holds the licence or the responsible person— (i) for a first offence—$20 000; (ii) for a second or subsequent offence—$40 000; (b) in any other case—$5 000. (1a) If a licensee sells or supplies liquor to a minor otherwise than on licensed premises, the licensee is guilty of an offence. (2) A licensee who permits a minor to consume liquor on the licensed premises is guilty of an offence. (2a) In any proceedings for an offence against subsection (1) where it is alleged that a minor 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. (2b) In any proceedings for an offence against subsection (2) where it is alleged that a minor consumed liquor on particular licensed premises, the allegation constitutes proof that the consumption occurred on the licensed premises in the absence of proof to the contrary. (3) It is a defence to a charge of an offence against subsection (1), (1a) or (2) for the defendant to prove that— (a) the licensee or some person acting on behalf of the licensee 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 who served the minor reasonably assumed that the minor was of or above the age of 18 years. (4) If a person, acting at the request of a minor, purchases liquor on behalf of the minor on licensed premises, that person and the minor are each guilty of an offence. (a) in the case of the person acting at the request of the minor—$10 000; (b) in the case of the minor—$2 500. Expiation fee: (a) in the case of the person acting at the request of the minor—$500; (b) in the case of the minor—$210. (4a) A minor who consumes or has possession of liquor on licensed premises is guilty of an offence. Maximum penalty: $ 2 500. (5) This section does not apply to the gratuitous supply of liquor to, or the consumption of liquor by, a minor if— (a) — (i) the liquor is supplied by a parent or guardian of the minor; and (ii) the minor is a child of— (A) the licensee; or (B) a responsible person for the licensed premises; or (C) an employee of the licensee, and is resident on the licensed premises; or (b) the minor is enrolled in a tertiary educational course declared by the regulations to be an approved course for the purposes of section 30 and the liquor is supplied to the minor as part of that course. licensed premises includes areas appurtenant to the licensed premises. 110A—Supply of liquor to minors generally (1) A person who supplies liquor to a minor is guilty of an offence. (2) A minor who consumes or has possession of liquor is guilty of an offence. (3) This section does not apply if section 110 applies in respect of the supply, consumption or possession of the liquor. (4) This section does not apply to the gratuitous supply of liquor to, or the consumption or possession of liquor by, a minor in a prescribed place if— (a) the liquor is supplied to the minor by— (i) a responsible adult; or (ii) an adult person (an authorised adult) who has obtained the consent of a responsible adult to that supply of liquor to the minor; and (b) the supply is consistent with the responsible supervision of the minor. (5) For the purposes of subsection (4), the following matters are relevant to whether the supply of liquor is consistent with the responsible supervision of the minor: (a) whether the responsible adult or authorised adult is directly supervising the minor's consumption of the liquor; (b) whether the responsible adult or authorised adult is intoxicated; (c) whether the minor is intoxicated; (d) the age of the minor; (e) the quantity and type of liquor supplied and the period over which it is supplied. prescribed place means— (a) a public place, other than— (i) a public place of a kind referred to in paragraph (d) of the definition of regulated premises in section 4; or (ii) any other public place, or kind of public place, declared by regulation not to be a prescribed place; or (b) a place occupied as a place of residence; or (c) a church; or (d) any other place prescribed by the regulations; supply includes serving liquor to a minor. 111—Areas of licensed premises may be declared out of bounds to minors (1) The licensing authority or a licensee may declare any area of licensed premises (other than a bedroom) to be out of bounds to minors. (1a) A licensee must, within 7 days after making a declaration under subsection (1), give the Commissioner a written notice setting out the area of the licensed premises to which the declaration relates. (2) A licensee must not contravene or fail to comply with a requirement under section 113A relating to the erection of notices in connection with areas declared out of bounds to minors. (3) If a minor (not being a child of the licensee or a responsible person for the licensed premises) enters an area of licensed premises that has been declared to be out of bounds to minors, and in respect of which notices have been erected, under this section, an authorised person may require the minor to leave, and, if the minor fails to do so, may exercise reasonable force to remove the minor. 112—Minors not to enter or remain in certain licensed premises (1) A minor may not enter, or remain in— (a) licensed premises subject to a packaged liquor sales licence unless the minor is accompanied by a responsible adult at all times; or (b) licensed premises of a prescribed kind at prescribed times; or (c) any other area in licensed premises (other than a bedroom)— (i) between the hours of midnight and 2 am unless the minor is accompanied by a responsible adult at all times; or (ii) between the hours of 2 am and 5 am, if liquor may be sold in the area at that time. (2) If a minor enters or remains in licensed premises in contravention of this section or in contravention of a condition of the licence, an authorised person may require the minor to leave, and, if the minor fails to do so, may exercise reasonable force to remove the minor. (3) If a minor enters or remains in licensed premises in contravention of this section or in contravention of a condition of the licence, the licensee is guilty of an offence. (4) If a licensee is charged with an offence against subsection (3), it is a defence to prove that the licensee took reasonable care to prevent minors from entering or remaining in the relevant area of the licensed premises at the relevant time. (4a) If a minor enters licensed premises in contravention of this section, or in contravention of a condition of the licence, the person who permitted the entry of the minor onto the licensed premises is guilty of an offence. (4b) If a person is charged with an offence against subsection (4a), it is a defence to prove that the person took reasonable care to prevent minors from entering or remaining in the relevant area at the relevant time. (4c) A minor who enters or remains in licensed premises in contravention of this section or in contravention of a condition of the licence is guilty of an offence. (5) A licensee must not contravene or fail to comply with a requirement under section 113A relating to the display of notices for the purposes of this section. (6) This section does not apply in relation to the following: (a) minors of a prescribed class; (b) licensed premises of a prescribed class; (c) an area of the licensed premises exempted from the ambit of this section by the Commissioner; (d) any other circumstances prescribed by the regulations. 113—Notice to be erected A licensee must not contravene or fail to comply with a requirement under section 113A relating to the display of notices in relation to access by minors to and in relation to licensed premises. 113A—Requirements relating to notices (1) The Commissioner may specify requirements relating to the erection or display of notices for the purposes of this Part. (2) Without limiting subsection (1), requirements specified by the Commissioner may relate to the following: (a) the form and content of a notice; (b) locations where notices must be erected or displayed; (c) any other matter the Commissioner thinks appropriate. (3) A requirement under this section may be of general, limited or varied application according to— (a) the kind of notice; or (b) the circumstances; or (c) any other specified factor, to which the requirement is expressed to apply. 115—Evidence of age may be required (1) A prescribed person may require— (a) a person on, about to enter, or in the vicinity of, regulated premises; or (b) a person who is, or has recently been, in possession of liquor, and who the prescribed person reasonably suspects is under the age of 18 years, to produce evidence as to the person's age that complies with the requirements of the regulations. (a) fails, without reasonable excuse, to comply with a requirement under this section; or (b) makes a false statement, or produces false evidence, in response to such a requirement, (3) In this section— (a) a police officer; or (b) in relation to regulated premises or a public place—an inspector; or (c) in relation to regulated premises—the occupier or manager of the premises or an agent or employee of the occupier, including— (i) a licensee of licensed premises; or (ii) a responsible person for licensed premises; or (iii) a person who holds a security agent's licence that authorises the person to perform the function of controlling crowds on licensed premises under the Security and Investigation Industry Act 1995. 115A—Seizure of evidence of age document (1) A prescribed person may seize a document that is produced to the person as evidence of a person's age if the prescribed person reasonably believes that— (a) the person who produced the document is not the person identified in the document; or (b) the document contains false or misleading information about the name or age of the person who produced the document; or (c) the document has been forged or fraudulently altered; or (d) the document is being used in contravention of this Act. (2) However, a prescribed person may not seize a document under this section that is— (a) a passport; or (b) of a kind prescribed by the regulations. (3) A prescribed person who seizes a document under subsection (1) must, as soon as reasonably practicable after seizing the document— (a) issue to the person from whom the document was seized a receipt that complies with the prescribed requirements; and (b) comply with any other requirements prescribed by the regulations. (4) If a prescribed person (other than a police officer or an inspector) seizes a document under subsection (1), the relevant licensee must, within 7 days, produce the seized document to a police officer. (5) Regulations made under this section may provide for the following: (a) procedures relating to the seizure of a document under this section; (b) the manner in which a document seized under this section may be dealt with, including (but not limited to) the circumstances in which a seized document may be returned to a person, or otherwise dealt with by a prescribed person in possession of the document; (c) the keeping of records in the prescribed manner in relation to the doing of any thing under this section. (6) A prescribed person (other than a police officer or an inspector) who fails to comply with a requirement under this section is guilty of an offence. (7) In this section— (a) a police officer; or (b) an inspector; or (c) in relation to licensed premises— (i) a licensee; or (ii) a responsible person for the licensed premises; or (iii) a person who holds a security agent's licence that authorises the person to perform the function of controlling crowds on licensed premises under the Security and Investigation Industry Act 1995. 116—Power to remove or refuse entry to minors (1) An authorised person may, if necessary, use reasonable force to remove a person from, or prevent the entry of a person onto, licensed premises if— (a) either— (i) the person has failed to comply with a requirement under section 115(1); or (ii) the authorised person suspects on reasonable grounds that the person is under the age of 18 years; and (b) the authorised person suspects on reasonable grounds that the person is entering the licensed premises for the purpose of consuming liquor in contravention of this Act. (a) is removed from licensed premises, or refused entry to, or prevented from entering, licensed premises under this section; and (b) enters or attempts to enter the licensed premises within the following 24 hours,