Liquor Act Flashcards
What is the definition of liquor
A beverage or other substance intended ti be INGESTED, whether LIQUID, SOLID or GASEOUS, that contains more than 1.15 % of ethyl alcohol by volue
A substance that is held out to be a BEVERAGE or INGESTIBLE substance specified in paragraph above
A substance prescribed by regulation as liquor
Is disinfectant a liquor?
No.
Contains alcohol but not ntented to be ingested
Is alcohol freezy pop a liquor
Yes
Contains alcohol, intended to be ingested. Still a liquor even if solid form
Is mouthwash a liquor
No
Contains alcohol but not intended to be ingested
Is deodorant a liquor?
No
No intended to be ingested
Can a liquor be solid, liquid or gas
Yes
Under s171, can you consume alcohol in a public place
No, if in one of the prohibited public place
Under S171(1), list the public places where a person is prohibited from consuming alcohol
Alice Springs
Katherine
Darwin
Palmerston
Tennant Creek
Darwin Waterfront precinct
Any local government are that a local council declares by notice published on the council website to the subject of this prohibition.
Any public place not within a location specified by paragraph (a to g) but within 2km of a licensed premises
Any place prescribed by regulation
What may happens if a person contravenes S171 (in public place)
The person may be searched under 236 and
The liquor may be seized and disposed under S243
S189. Offence in relation to restricted premises
A person must not:
Bring liquor into or onto restricted premises; or
Have possession of liquor
Consume liquor
S.240 Search restricted premises
An inspector or MOPF who SORG that an offence against S189 was committed, is being committed, or is about to be committed, my without warrant:
Enter and search the restricted premises, and;
Search any person who is suspected of committing the offence
Under S.144, if a person is excluded or removed from a licences venue, for what period is the person not allowed to re-enter
Must not re-enter within 12 hours after the time the person left or was removed
Can you issue an infringement notice for someone who is failing to leave a licensed venue
Yes
Under S.287, in what time frame must a person who seizes a form of ID give said identification to Director
ASAP and no later than 72 hours
In which act to we find police power to search and seize in restricted general access
Liquor Act 2029
Under S.173. a person commits an offence if:
Bring prohibited liquor into general restricted area, or;
Possess prohibited liquor, or has prohibited liquor under the person’s control, in a general restricted area; or
Consumes prohibited liquor
Sell, supplies or serves the prohibited liquor
S.245. Limit on seizure of vehicles, vessel and aircraft
An inspector or MOPF must not seize a vehicle, vessel, or aircraft, unless he has BORG:
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 infringement notice
Before seizing the vehicle, vessel or aircraft, must consider:
Anticipated future use and
Whether the seizure and possible forfeiture will cause hardship to a person or community
