12Modification: prescribed areas

#### 12 Modification: prescribed areas (1) The Liquor Act has effect as if: (a) each prescribed area were a general restricted area under that Act; and (b) the offences against subsection 75(1) of that Act, so far as they relate to a prescribed area, were replaced by the following provisions of this section. (2) A person commits an offence if: (a) the person: (i) brings liquor into an area; or (ii) has liquor in his or her possession or control within an area; or (iii) consumes liquor within an area; and (b) the area is a prescribed area. Maximum penalty: (c) 10 penalty units for a first offence; or (d) 20 penalty units for a second or subsequent offence. (3) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the conduct referred to in paragraph (2)(a) was engaged in: (a) the defendant was in a boat that was on waters in a prescribed area; and (b) the defendant was engaged in recreational boating activities or commercial fishing activities; and (c) the boat was not on waters covered by a declaration made by the Commonwealth Minister under subsection (8). (3A) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the conduct referred to in paragraph (2)(a) was engaged in: (a) the defendant was engaged in recreational activities in a national park, a Northern Territory park or an area covered by a declaration made by the Commonwealth Minister under subsection (8A); and (b) the activities were organised by a person whose business consists of or includes operating tours for tourists; and (c) if the area is a park—the activities are consistent with the management plan or similar document (if any) for the park; and (d) if the conduct is conduct referred to in subparagraph (2)(a)(iii)—the defendant was behaving in a responsible manner. (3B) In subsection (3A), recreational activities does not include an activity the sole or primary purpose of which is the consumption of liquor. (3C) It is a defence to a prosecution for an offence against subparagraph (2)(a)(i) or (ii) if the defendant proves that, at the time the conduct referred to in that subparagraph was engaged in, the defendant was engaging in the conduct for the purpose of engaging in recreational activities covered by subsection (3A). (4) A person commits an offence if: (a) the person: (i) supplies liquor to a third person; or (ii) transports liquor intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or (iii) possesses liquor intending to supply any of it to a third person; and (b) the third person is in a prescribed area. Maximum penalty: (c) 10 penalty units for a first offence; or (d) 20 penalty units for a second or subsequent offence. (5) It is a defence to a prosecution for an offence against subsection (4) if the defendant proves that, at the time the conduct referred to in paragraph (4)(a) was engaged in: (a) the defendant was in a boat that was on waters in a prescribed area; and (b) the defendant was engaged in recreational boating activities or commercial fishing activities; and (c) the third person was in the same boat; and (d) the boat was not on waters covered by a declaration made by the Commonwealth Minister under subsection (8). (5A) It is a defence to a prosecution for an offence against subsection (4) if the defendant proves that, at the time the conduct referred to in paragraph (4)(a) was engaged in: (a) the defendant and the third person were engaged in recreational activities in a national park, a Northern Territory park or an area covered by a declaration made by the Commonwealth Minister under subsection (8A); and (b) the activities were organised by a person whose business consists of or includes operating tours for tourists; and (c) if the area is a park—the activities are consistent with the management plan or similar document (if any) for the park. (5B) In subsection (5A), recreational activities does not include an activity the sole or primary purpose of which is the consumption of liquor. (5C) It is a defence to a prosecution for an offence against subparagraph (4)(a)(ii) or (iii) if the defendant proves that, at the time the conduct referred to in that subparagraph was engaged in, the defendant was engaging in the conduct for the purpose of engaging in recreational activities covered by subsection (5A). (6) If the quantity of alcohol involved in the commission of an offence against subsection (4) is greater than 1,350 ml: (a) the maximum penalty for the offence is 680 penalty units or imprisonment for 18 months; and (b) a person who engages in conduct specified in subparagraph (4)(a)(ii) or (iii) is taken to have done so: (i) intending to supply the alcohol; or (ii) believing that another person intends to supply the alcohol; as the subparagraph requires, to a person in a prescribed area. (7) Paragraph (6)(b) does not apply in relation to a subparagraph mentioned in that paragraph if the person proves that he or she did not have the intention or belief required by that subparagraph. (8) The Commonwealth Minister may declare that a specified area of waters in a prescribed area is an area in relation to which a defence under subsection (3) or (5) is not available. (8A) The Commonwealth Minister may declare that a specified area of land or waters in a prescribed area is an area in relation to which a defence under subsection (3A), (3C), (5A) or (5C) is available. (9) A declaration under subsection (8) or (8A) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the declaration. (10) While an area is declared under subsection (8), the Commission may cause to be posted and to be kept posted at the place where a customary access route enters the area a notice stating that a defence under subsection (3) or (5) is not available in relation to the area. (11) The Commission may cause to be published in a newspaper circulating in the district in which the relevant area is situated a notice stating that a defence under subsection (3) or (5) is not available in relation to the area. (13) This section does not apply in relation to anything done in the normal course of the provision of a postal service. (14) In this section: > boat means any kind of vessel used in navigation by water. > postal service means a postal service within the meaning of paragraph 51(v) of the Constitution. > supply includes supply by way of sale, exchange or gift.