Part 3BLiquor etc

Part 3B—Liquor etc 21OA—Interpretation designated area means an area of land designated by the Minister under section 21OD; liquor has the same meaning as in the Liquor Licensing Act 1997; prescribed area means— (a) an area comprised of a public place or public places specified in a notice under section 131 of the Liquor Licensing Act 1997; or (b) Trust Land within the meaning of the Aboriginal Lands Trust Act 2013; or (c) "the lands" within the meaning of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; or (d) "the lands" within the meaning of the Maralinga Tjarutja Land Rights Act 1984; sale includes— (a) barter or exchange; or (b) offer or expose for sale, barter or exchange; or (c) supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit; or (d) supply, or offer to supply, gratuitously but with a view to gaining or maintaining custom, or otherwise with a view to commercial gain. 21OB—Possession, transportation of liquor for sale (1) A person must not— (a) have possession of liquor for the purpose of sale; or (b) transport liquor for the purpose of sale; or (c) transport liquor, for the purpose of sale, to a place other than a place at or on which liquor may lawfully be sold. (2) If liquor is possessed or transported by a person in contravention of subsection (1) and is so possessed or transported on behalf of another person, that other person is guilty of an offence. (3) If liquor is possessed or transported by a person in contravention of subsection (1) (the first person), a person who— (a) would derive a direct or indirect commercial benefit from the sale of the liquor (if the sale were to occur); and (b) knew, or ought reasonably to have known, that the first person was in possession of or transporting the liquor for the purpose of sale, (4) Subsections (1) and (2) do not apply to the possession or transportation of liquor for the purpose of a sale that may lawfully be made. (5) It is a defence to a prosecution for an offence against subsection (3) for the person to prove that the person believed on reasonable grounds that the liquor was possessed or transported by the first person for the purpose of a sale that may lawfully be made. (6) If, in proceedings for an offence against subsection (1) or (2), it is proved that the amount of liquor possessed or transported exceeds the prescribed amount, it is presumed, in the absence of proof to the contrary, that the liquor was possessed or transported (as the case requires) for the purpose of sale. (7) A regulation for the purposes of subsection (6) may vary according to the area, circumstances or any other specified factor to which the regulation is expressed to apply. 21OC—Supply etc of liquor in certain areas (1) If— (a) a person (the first person)— (i) supplies liquor to another person (the third person); or (ii) transports liquor intending to supply any of it, or believing that another person intends to supply any of it, to the third person; or (iii) possesses liquor intending to supply any of it to the third person; and (b) the third person is in a prescribed area, the first person is guilty of an offence. (1a) However, a person will not be guilty of an offence against subsection (1) if 1 or more of the following circumstances apply: (a) the consumption or possession (or both) of liquor by the third person in the prescribed area is not prohibited under another Act or law; (b) the consumption or possession (or both) of liquor by the third person is not prohibited under another Act or law— (i) in the case of an offence against subsection (1)(a)(i)—in the part of the prescribed area in which the supply of liquor takes place; or (ii) in the case of an offence against subsection (1)(a)(ii) or (1)(a)(iii)—in the part of the prescribed area in which the supply of liquor is intended to take place; (c) under another Act or law, the third person is a person, or belongs to a class of persons, who, in the circumstances, is exempt from a prohibition on the consumption or possession (or both) of liquor that would otherwise apply to the person in the prescribed area. (2) If, in proceedings for an offence against subsection (1), it is proved that a person possessed or transported more than the prescribed amount of liquor in a designated area, it is presumed, in the absence of proof to the contrary, that the person possessed or transported (as the case requires) the liquor intending to supply it to a third person. (3) A regulation for the purposes of subsection (2) may vary according to the area, circumstances or any other specified factor to which the regulation is expressed to apply. 21OD—Designated areas (1) The Minister may, by notice published in the Gazette, designate an area of land as a designated area for the purposes of this Part. (2) The Minister may, by further notice published in the Gazette, vary or revoke a notice published under subsection (1). (3) A notice under subsection (1) or (2) can only include within a designated area land that is within 20 km of a boundary of a relevant prescribed area. (4) A notice under subsection (1) or (2) takes effect on the day on which it is published in the Gazette, or on a later day as specified in the notice. (5) If the Minister publishes a notice under subsection (1) or (2), the Minister must cause a copy of the notice to be laid before both Houses of Parliament. (6) If either House of Parliament passes a resolution disallowing a notice laid before it under subsection (5), the notice will cease to have effect (and in the case of a notice under subsection (2) varying or revoking a notice under subsection (1), the notice under subsection (1) will, from that time, apply as if it had not been varied or revoked (as the case requires) by the notice under subsection (2)). (7) A resolution is not effective for the purposes of subsection (6) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the notice was laid before the House under subsection (5). 21OE—Evidence (1) In proceedings for an offence against this Part, an apparently genuine document purporting to be signed by the Commissioner and to certify that a specified substance is liquor will, in the absence of proof to the contrary, be proof of the matter certified. (2) If the label on a sealed container states or indicates that it contains liquor then, in proceedings for an offence against this Part, it is to be taken, in the absence of proof to the contrary, that the container contains liquor of the description and in the quantity and concentration stated on the label. label, in relation to a container, means any label, marking, or other information on the container. 21OF—Regulations The regulations may— (a) provide that this Part or specified provisions of this Part do not apply in prescribed circumstances or to a specified class of persons; or (b) provide for, or provide for the granting of, exemptions (either subject to specified conditions or otherwise) from the application of this Act or specified provisions of this Act in respect of classes of persons or activities.