Liquor Act 1992

A person must not, in a restricted area to which this section applies because of a declaration under section 173H, have in possession more than the prescribed quantity of a type of liquor for the area, other than under the authority of a restricted area permit.

for a first offence—375 penalty units; or

for a second offence—525 penalty units or 6 months imprisonment; or

for a third or later offence—750 penalty units or 18 months imprisonment.

However, subsection (1) does not apply to the possession of liquor in the ordinary course of lawful business by—

a licensee or permittee in the licensee’s or permittee’s licensed premises; or

a carrier, licensee or permittee who—

has collected it from, and is delivering it to, licensed premises in the area; or

has collected it from licensed premises outside the area and is delivering it to licensed premises in the area; or

has collected it from licensed premises in the area and is delivering it to licensed premises outside the area; or

if the liquor was seized under part 7, division 1—a carrier who is carrying it, under the direction of an investigator, in a restricted area; or

a licensee or permittee who has collected it from licensed premises outside the area and is delivering it, via the area, by means of a vehicle to a person at premises outside the area.

Also, subsection (1) does not apply to the possession of liquor in the ordinary course of lawful business by a carrier if—

the carrier collected the liquor from a person, and is delivering it by means of a vehicle to another person, at premises outside the restricted area; and

the package or container in which the liquor is to be delivered is labelled in writing on the outside with—

the name and address of each of the consignor and the consignee of the liquor; and

if the consignment of the liquor is for the purpose of sale and the seller of the liquor is not the consignor, the name and address of the seller; and

if the consignment of the liquor is for the purpose of sale and the purchaser of the liquor is not the consignee, the name and address of the purchaser; and

the liquor is not removed from the vehicle while the vehicle is in the restricted area; and

the liquor is securely stored in—

a locked container fixed to the vehicle; or

a part of the vehicle that is locked; and

neither the liquor, nor the package or container mentioned in paragraph (b), is visible from outside the vehicle.

Also, subsection (1) does not apply to the possession of liquor by a person, other than a carrier, licensee or permittee in possession of the liquor in the ordinary course of lawful business, travelling in a vehicle on a public road prescribed under a regulation if—

the person collected the liquor from a place outside the area; and

the person is travelling with the liquor, via the area, to a destination outside the area; and

the travel is uninterrupted, other than—

for the person to use a public facility prescribed under a regulation; or

because of an emergency; and

the liquor is not removed from the vehicle while the vehicle is in the area; and

the liquor is stored in—

a container that is fixed to the vehicle and locked while the vehicle is left unattended; or

the vehicle, that is locked while it is left unattended; and

the liquor is not visible from outside the vehicle.

In a proceeding for a contravention of subsection (1), for subsection (3A), the burden of proving that the liquor was collected from a place outside the area and the person is travelling with it, via the area, to a destination outside the area is on the person alleged to have contravened subsection (1).

For subsection (3B), the burden of proof is on the balance of probabilities.

Also, subsection (1) does not apply to the possession of permitted liquor by a person at residential premises.

In a proceeding for an offence against subsection (1), proof that liquor was, at the material time, in or on a vehicle is conclusive evidence that the operator of the vehicle had in possession all the liquor in or on the vehicle unless the operator proves that, at the time, he or she neither knew nor had reason to suspect that the liquor was in or on the vehicle.

For subsection (4), it is immaterial that another person claims to have had in possession any of the liquor at the material time.

In this section—

the person in command or control, or who appears to be in command or control, of the vehicle; and

for a vehicle registered in a State or Territory under a law of the State or Territory providing for the registration of vehicles—the person in whose name the vehicle is so registered.