Document ID: chunk:federal_register_of_legislation:C2007A00141:clause:1_20:p1
Version: federal_register_of_legislation:C2007A00141
Segment Type: clause
Provision Reference: sch 1 cl 20 (pt 1/2)
Character Range: 5632–8170

20  Sales of liquor for consumption away from licensed premises

 (1) The Liquor Act has effect as if it included the following provisions of this section.

 (2) A licensee of licensed premises commits an offence if:
 (a) the licensee sells to a person (the purchaser) in a single transaction:
 (i) a quantity of liquor that has a purchase price of $100 or more (including GST); or
 (ii) a quantity of wine that exceeds 5 litres and is in a single container, or is in 2 or more containers of at least 2 litres each; and
 (b) the licensee knows that the liquor is for consumption away from the licensed premises or is reckless as to whether it is for consumption away from the licensed premises; and
 (c) the licensee has not complied with subsection (5) in relation to the sale.

Maximum penalty: 340 penalty units.

 (3) An employee of a licensee of licensed premises commits an offence if:
 (a) the employee sells to a person (the purchaser) in a single transaction:
 (i) a quantity of liquor that has a purchase price of $100 or more (including GST); or
 (ii) a quantity of wine that exceeds 5 litres and is in a single container, or is in 2 or more containers of at least 2 litres each; and
 (b) the employee knows that the liquor is for consumption away from the licensed premises or is reckless as to whether it is for consumption away from the licensed premises; and
 (c) the employee has not complied with subsection (5) in relation to the sale.

Maximum penalty: 60 penalty units.

 (4) A licensee of licensed premises commits an offence if:
 (a) an employee of the licensee sells to a person (the purchaser) in a single transaction:
 (i) a quantity of liquor that has a purchase price of $100 or more (including GST); or
 (ii) a quantity of wine that exceeds 5 litres and is in a single container, or is in 2 or more containers of at least 2 litres each; and
 (b) the employee knows that the liquor is for consumption away from the licensed premises or is reckless as to whether it is for consumption away from the licensed premises; and
 (c) the employee has not complied with subsection (5) in relation to the sale.

Maximum penalty: 170 penalty units.

 (5) The licensee or employee complies with this subsection if, before making the sale, the licensee or employee:
 (a) requires the purchaser to produce evidence of the purchaser's identity that is of a kind listed in subsection (6); and
 (b) records the purchaser's name and address as specified in that identity document; and
 (c) asks the purchaser where it is proposed