Employees and agents not to be penalised for refusal to deliver in particular circumstances
114N Employees and agents not to be penalised for refusal to deliver in particular circumstances
This section applies to an employee or agent of a same day delivery provider who makes same day deliveries on behalf of the provider.
The same day delivery provider must ensure the employee or agent does not suffer any financial penalty for refusing to make a same day delivery on the grounds that—
by making the delivery the provider, employee or agent would be—
selling or supplying liquor to a minor in contravention of section 117, or
supplying liquor to an intoxicated person in contravention of section 114J, or
at the time of the delivery, the employee or agent was unable to verify the person proposing to accept the delivery was the adult person specified to receive the delivery in the written instructions given by the licensee under section 114(3).
Maximum penalty—50 penalty units.
It is a defence to a prosecution for an offence under this section if it is proved that—
a direction or agreement under which the employee or agent makes same day deliveries on behalf of the same day delivery provider sets out an alternative place for delivery of the liquor, and
the employee or agent did not take reasonable steps to deliver the liquor to that place.
In this section—
financial penalty includes any action that has a financial impact including, for example, withholding or delaying payment or a loss of hours of employment.
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