Addressing the harmful use of alcohol - WHO Western Pacific Region

6. Setting a minimum purchase age
3) It is a defence to a prosecution for an offence under subsection (1) or (2) if it is proved that:
a) the person to whom the liquor was sold or supplied was of or above the age of 14
years, and
b) before the liquor was sold or supplied to the person the defendant was provided with
an evidence of age document that may reasonably be accepted as applying to the
person and as proving that the person was of or above the age of 18 years.
4) Supplying liquor to minors on other premises
A person must not supply liquor to a minor on any premises other than licensed premises
unless the person is a parent or guardian of the minor.
Maximum penalty: 100 penalty units or 12 months imprisonment (or both).
5) It is a defence to a prosecution for an offence under subsection (4) if it is proved that the
defendant was authorized to supply liquor to the minor by the parent or guardian of the
minor.
6) Obtaining liquor for minors from licensed premises
A person must not obtain liquor from licensed premises on behalf of a minor unless the
person is the parent or guardian of the minor.
Maximum penalty: 100 penalty units or 12 months imprisonment (or both).
7) It is a defence to a prosecution for an offence under subsection (6) if it is proved that the
defendant was authorized to obtain liquor on behalf of the minor by the parent or guardian
of the minor.
8) Allowing liquor to be sold or supplied to minors on licensed premises
A licensee must not, on licensed premises, allow liquor to be sold or supplied to a minor.
Maximum penalty: 100 penalty units or 12 months imprisonment (or both).
9) It is a defence to a prosecution for an offence under subsection (8) if it is proved that the
liquor was supplied to the minor by the parent or guardian of the minor.
10) Burden of proof
In the prosecution for an offence under this section, the burden of proving that a person was
a parent or guardian of a minor, or was authorised by a parent or guardian of a minor, is on
the person charged…
12) For the purposes of this section, supply of liquor includes serving liquor to a person.
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