Liquor Act 2007

This table of maximum penalties is populated using Lawcodes data. For more information, see Changes to Specific Penalties and Orders at the end of the introduction.

Jurisdiction

Section 145: Proceedings for an offence under this Act or the regulations are to be dealt with summarily before the Local Court.

Time for commencement

Section 146(1): Except as provided by subs (2), proceedings for an offence under this Act or the regulations may be commenced within but not later than 12 mths after the date on which the offence is alleged to have been committed.

Section 146(2): Proceedings for an offence under ss 7, 8, 9, 40(5), 66, 69 or 92 may be commenced within but not later than 3 yrs after the date on which the offence is alleged to have been committed.

Additional penalties may be imposed by the court

Section 148: In addition to any other penalty that a court may impose on a licensee or other person for an offence under this Act or the regulations, the court may, if it thinks it appropriate, do any one or more of the following:

(a): reprimand the licensee or person,
(b): impose a condition to which a licence is to be subject,
(c): suspend a licence for such period, not exceeding 12 mths, as the court thinks fit,
(d): cancel a licence,
(e): disqualify the licensee from holding a licence for such period as the court thinks fit,
(f): withdraw the person’s approval to manage licensed premises,
(g): disqualify the person from being the holder of an approval to manage licensed premises for such period as the court thinks fit,
(h): give such directions as to the exercise of the licence as the court thinks fit.

Liability of directors

Sections 71 and 71A: If a corporation commits a “corporate offence” a director who aids, abets, counsels or procures, induces, conspires in the commission of the corporate offence is liable to the same penalty for the offence if committed by an individual.

Evidentiary provisions

Section 152(1): Certain allegations in an application, objection, information or complaint are evidence of the truth of the allegation unless the contrary is proved.

Section 152(2): An allegation in any proceedings for an offence under the Act or regulations that at a specified time a person was under the age of 18 yrs is evidence of the truth of the allegation unless the defendant denies the allegation.

Section 152(3): Evidence of delivery or supply of liquor is evidence of a sale of liquor.

Section 152(4): In any proceedings for an offence under s 9(2), liquor is taken to have been sold or consumed on the licensed premises to which the proceedings relate regardless of whether the licensee took or carried, or caused another person to take or carry, the liquor out of the licensed premises for the purpose of being sold or consumed at another place occupied by the licensee or in a public place.

Forfeiture and seizure of liquor

Section 151(1), (2), (4): On conviction for an offence under ss 7, 9(1)(b) or 113, liquor and containers shall be forfeited to the Crown.

Section 151(3): Any liquor and vehicle, boat or other thing in which the liquor was being carried, offered or exposed is forfeited to the Crown.

Section 151(5): A police officer or inspector may seize and carry away anything that the officer or inspector reasonably suspects may be liable to forfeiture under this section.