NSWIn ForceAct
Summary Offences Act 1988
11Possession of liquor by minors
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#### 11 Possession of liquor by minors
11 Possession of liquor by minors
> > (1) A person under the age of 18 years is guilty of an offence if the person possesses or consumes any liquor in a public place, unless the person establishes that—
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> > > (a) the person was under the supervision of a responsible adult, or
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> > > (b) the person had a reasonable excuse for possessing or consuming the liquor.
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> > Maximum penalty—$20.
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> > (2) A police officer may seize liquor in the possession of a person in a public place, if the officer suspects, on reasonable grounds, that—
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> > > (a) the person is under the age of 18 years, and
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> > > (b) the person is not under the supervision of a responsible adult, and
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> > > (c) the person does not have a reasonable excuse for possessing the liquor.
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> > (3) Liquor seized under this section is forfeited to the Crown.
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> > (4) Liquor may be seized under this section from a person’s possession even though the person is under the age of criminal responsibility.
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> > (5) A person may not be arrested for an offence under subsection (1), except so far as may be necessary for the purpose of the administration of a caution by a police officer in relation to such an offence.
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> > (5A) A police officer who reasonably suspects that a person has committed an offence under subsection (1) may require that person—
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> > > (a) to state his or her full name and residential address, and
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> > > (b) to produce then, or at a police station within a reasonable time, documentary evidence that might reasonably be accepted as applying to the person and as proving that the person is at least 18 years of age.
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> > (5B) A person the subject of a requirement under subsection (5A) must not—
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> > > (a) refuse to state his or her full name and residential address, or
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> > > (b) state a false name or residential address, or
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> > > (c) without reasonable excuse, refuse or fail to produce evidence of age as referred to in subsection (5A) (b).
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> > Maximum penalty—$20.
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> > (6) The regulations may make provision for or with respect to—
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> > > (a) the procedure to be followed as regards the seizure of liquor under this section and the procedure to be followed after its seizure, and
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> > > (b) without limiting paragraph (a), prescribing the circumstances in which, and the procedure by which, liquor seized under this section is to be returned, and
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> > > (c) prescribing circumstances in which the other provisions of this section do not apply.
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> > (7) In this section—
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> > liquor has the same meaning as in the [Liquor Act 2007](/view/html/inforce/current/act-2007-090), and includes any container containing liquor.
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> **s 11:** Am 1997 No 148, Sch 1 \[5\]–\[8\]; 2009 No 106, Sch 5.22.