Liquor Control Act 1988

It is a defence to a charge of an offence against this Division relating to the sale or supply of liquor to a juvenile to show —

that the juvenile to whom liquor was sold or supplied is —

a member of the family of the licensee or occupier or a manager of, or of a person employed on, the regulated premises and resides there, and that the supply was gratuitous; or

the spouse or de facto partner of a lodger of the premises;

if the accused is the person by whom the liquor was sold or supplied to, or from whom the liquor was purchased or obtained for, the juvenile, that —

the person believed on reasonable grounds that the alleged juvenile was not a juvenile; and

that the juvenile was of or above the age of 16 years;

where the offence is alleged to have occurred on regulated premises, if the accused is the licensee or occupier or a manager of the regulated premises and did not personally sell or supply the liquor, that —

the business was not conducted in such a way as to entice juveniles to the part of the premises where the liquor was sold, supplied or consumed; and

that proper diligence was exercised to prevent the sale, supply or consumption of liquor in contravention of this Division.

For the purposes of any proceedings under this Division —

a person who alleges that a juvenile was accompanied by a responsible adult shall be required to establish that the person accompanying the juvenile was a responsible adult; and

a person shall be taken to be a responsible adult if that person was an adult who is a parent, step‑parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parentis to the juvenile.

In this section —