Liquor Control Act 1988

The Governor, on the recommendation of the Minister, may make regulations under section 175 that declare liquor in the form of a specified product, or a product of a specified class, to be an undesirable liquor product.

Where a licensee, whether personally or by an employee or agent, sells or supplies any product declared to be an undesirable liquor product on or from the licensed premises, the licensee, and the employee or agent concerned, commits an offence.

for the licensee or a manager, a fine of $15 000;

for an employee or agent, a fine of $6 000.

The Minister may recommend the making of regulations for the purposes of subsection (1) only if —

the Minister considers that —

designs, motifs or characters on the packaging of the product concerned are of such a kind that the product is, or is likely to be, attractive to juveniles; or

the product is likely, for any reason, to be confused with soft drinks or confectionery; or

the product, for any other reason, has or is likely to have a special appeal to juveniles; or

it is otherwise in the public interest to do so;

the Minister has complied with subsection (4).

Before recommending the making of regulations for the purposes of subsection (1), the Minister is to consult with relevant liquor industry representatives and the manufacturer of any product proposed to be declared to be an undesirable liquor product (if the manufacturer is known to the Minister).

A failure to comply with subsection (3) does not affect the validity of the regulation concerned.