Sale and Supply of Alcohol Act 2012

Offences relating to minors and people under purchase age

239 Sale or supply of alcohol to people under purchase age on or from licensed premises

(1)

A licensee or manager of any licensed premises who sells or supplies alcohol, or allows alcohol to be sold or supplied, on or from the licensed premises to any person who is under the purchase age commits an offence.

(2)

A person who is not a licensee or a manager of any licensed premises who sells or supplies alcohol on or from the licensed premises to any person who is under the purchase age commits an offence.

(3)

A person who commits an offence against subsection (1) is liable on conviction,—

(a)

in the case of a licensee, to either or both of the following:

(i)

a fine of not more than $10,000:

(ii)

the suspension of the licensee’s licence for a period of not more than 7 days:

(b)

in the case of a manager, to a fine of not more than $10,000.

(4)

A person who commits an offence against subsection (2) is liable on conviction to a fine of not more than $2,000.

(5)

Subsection (2) applies despite any liability that may attach to the licensee or any manager in respect of the same offence.

(6)

In any proceedings for an offence against subsection (1) or (2) in respect of selling or supplying alcohol, or allowing alcohol to be sold or supplied, to a person (the customer), it is a defence if the defendant proves that,—

(a)

before or at the time of the sale or supply of alcohol concerned, there was produced to the person who sold or supplied the alcohol a document purporting to be an approved evidence of age document; and

(b)

the person believed on reasonable grounds that the document—

(i)

was an approved evidence of age document; and

(ii)

related to the customer; and

(iii)

indicated that the customer was not under the purchase age; and

(c)

the person reasonably believed that the customer was not under the purchase age.

(7)

In any proceedings for an offence against subsection (1) or (2) in respect of selling or supplying alcohol, or allowing alcohol to be sold or supplied, to a person (the customer), it is a defence if the defendant proves that, before or at the time of the sale or supply of alcohol concerned, the person who sold or supplied the alcohol verified the customer’s age using an approved evidence of age system in the approved manner.

(8)

A person does not commit an offence against subsection (1) or (2) by selling or supplying alcohol to a person who then supplies it to a third person who is under the purchase age, unless it is proved that the person knew or had reasonable grounds to believe that the alcohol was intended for a person under the purchase age.

Compare: 1989 No 63 s 155