Lessees etc. are liable for offences
106A Lessees etc. are liable for offences
This section applies to a person—
who, under a consent given under section 105, lets or sub-lets any part of any licensed premises or is assigned the right to supply liquor; or
who, under a consent given under section 106, carries on the business of supplying liquor on any licensed premises.
This section applies if the person does, or omits to do, anything while operating under the consent given under section 105 or 106 that would be an offence under this Act if the person were the licensee or permittee of the premises in respect of which the consent was given.
The person is liable for his, her or its act or omission as if he, she or it were the licensee or permittee.
If the person is a body corporate, the directors of the body corporate at the time of the act or omission are severally liable for the act or omission as if they were the licensee or permittee.
S. 106A(4A) inserted by No. 13/2013 s. 28.
Subsection (4) does not apply in respect of an offence against a provision specified in section 53A(2), 53B(2) or 53C(2) that is alleged to have been committed by a body corporate.
Nothing in this section is intended to affect or reduce the liability of the licensee or permittee with respect to the act or omission of the person.
S. 160B (Heading) amended by No. 58/2011 s. 104(Sch. item 4.171).
S. 106B inserted by No. 57/2010 s. 17, amended by No. 58/2011 s. 104(Sch. item 4.172).
This Act’s bill:Second reading speech
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