Liquor Flashcards
Under section 6(1), what is the definition of liquor?
This act applies in relation to the following substances (liquor)
A beverage or other substance intended to be ingested whether liquid, solid, or gaseous, that contains more than 1.15% of ethyl alcohol by volume;
A substance that is held out to be a beverage or ingestible substance specified in paragraph (a) (paragraph a is the bullet point above)
A substance prescribed by regulation as liquor
Is disinfectant liquor?
No, it may contain liquor but it’s not designed to be ingested
Is an “alcoholic freezy-pop” liquor?
Yes. Contains liquor and is intended to be consumed (even in solid form)
Under section 171(1), Can you consume liquor in a vehicle in a public place?
No (if it is in one of the prohibited public places under this section)
FILL THE GAPS - Under section 171(1), List the public places where a person is prohibited from consuming liquor
Subject to Division 6, a person must not consume liquor in any public place (or in a vehicle at a public place) in the following locations:
Alice springs;
Darwin;
Katherine;
Palmerston;
Tennant Creek
The Darwin Waterfront Precinct (specified under section 4 of the Darwin Waterfront Corporation Act 2006)
Any local government area that a local council declares, by notice published on the council’s website, to be subject to this prohibition
Any public place not within a location specified by paragraphs (a) to (g) but within 2km of licensed premises
Any place prescribed by regulation
Under section 171(2), what may happen if a person contravenes section 171(1)?
The person may be searched under section 236; and
The liquor may be seized and disposed of under section 243.
FILL THE GAPS – Section 189 (Offence in relation to restricted premises)
A person must not:
Bring liquor onto or into restricted premises; or
Have possession of liquor on or in restricted premises; or
Consume liquor on or in restricted premises
FILL THE GAPS – Section 240(a) and (b) - (Search of restricted premises)
An inspector or a police officer who suspects on reasonable grounds that an offence against section 189 was committed, is being committed, or is about to be committed, may, without a warrant;
Enter and search the restricted premises; and
Search any person on or in the restricted premises who is suspected of committing the offence
Under Section 144, if a person is excluded or removed from a venue, for what period of time is a person not allowed to re-enter the premises?
A person removed or excluded from licensed premises under section 141 or 142 must not re-enter, or attempt to re-enter, the licensed premises within 12 hours after the time the person left or was removed from the licensed premises.
Can you issue an infringement notice for someone who is failing to leave a licensed premises?
Yes
Under section 287, in what time frame must a person who seizes a form of identification give said identification to the Director?
As soon as practicable. No later than 72 hrs after the seizure
In which Northern Territory act would you find police search and seizure powers in relation to restricted general areas?
Liquor Act 2019
FILL THE GAPS - Under section 173, a person commits an offence if the person:
Brings prohibited liquor into a general restricted area; or
Possesses prohibited liquor, or has prohibited liquor under the person’s control, in a general restricted area; or
Consumes prohibited liquor in a general restricted area; or
Sells, supplies, or serves prohibited liquor in a general restricted area
Section 173 – You are tasked to attend a job at the airport in relation to an airline flight. The luggage is travelling to an alcohol protected place. Can you search the bags?
Yes -
*** search may be under a different act? 238?
FILL THE GAPS – Section 245 (Limit on seizure of vehicles, vessels, and aircraft)
An inspector or a police officer must not seize a vehicle, vessel or aircraft unless the inspector or officer believes on reasonable grounds that:
The amount of liquor involved in the forfeiture offence is at least 2 standard drinks; and
The forfeiture offence is likely to be prosecuted other than by an infringement notice.
Before seizing a vehicle, vessel or aircraft, an inspector or a police officer must consider:
Its anticipated future use; and
Whether its seizure and possible forfeiture will cause hardship to a person or community.
