Wine Industry Act 1994
sec.36Wine prohibited to certain persons
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sec.36 Wine prohibited to certain persons
A person must not, on licensed premises or at a permit place, provide wine to a minor or a person who is unduly intoxicated. Maximum penalty— if the person is the licensee of, or a nominee for, the licensed premises or the permit place—250 penalty units; or in any other case—40 penalty units. For subsection (1) , a person may be taken to be unduly intoxicated if— the person’s speech, balance, co-ordination or behaviour is noticeably affected; and there are reasonable grounds for believing the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor, drugs or another intoxicating substance. s 36 amd 2001 No. 40 s 3 sch ; 2014 No. 42 s 132 (sec.36-ssec.1) A person must not, on licensed premises or at a permit place, provide wine to a minor or a person who is unduly intoxicated. Maximum penalty— if the person is the licensee of, or a nominee for, the licensed premises or the permit place—250 penalty units; or in any other case—40 penalty units. (sec.36-ssec.2) For subsection (1) , a person may be taken to be unduly intoxicated if— the person’s speech, balance, co-ordination or behaviour is noticeably affected; and there are reasonable grounds for believing the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor, drugs or another intoxicating substance.
- (a) if the person is the licensee of, or a nominee for, the licensed premises or the permit place—250 penalty units; or
- (b) in any other case—40 penalty units.
- (a) the person’s speech, balance, co-ordination or behaviour is noticeably affected; and
- (b) there are reasonable grounds for believing the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor, drugs or another intoxicating substance.