Liquor Control Act 1988

In this section —

In this section, a person was undertaking permitted travel in relation to a protected entertainment precinct if the person —

was travelling through the protected entertainment precinct, or accessing or using a mode of transport in the protected entertainment precinct, for the sole purpose of —

getting to a place, or doing a thing, referred to in subsection (3)(a) to (m) in the protected entertainment precinct; or

getting to a place outside of the protected entertainment precinct and it was necessary in the circumstances for the person to travel through the protected entertainment precinct, or access or use the mode of transport in the protected entertainment precinct, in order to get to that place;

took the most direct route through the protected entertainment precinct (or the most direct route applicable for the mode of transport used); and

did not stop unnecessarily in the protected entertainment precinct or remain in the protected entertainment precinct for any purpose other than the relevant travel or access to or use of the mode of transport.

It is a defence to a charge under section 152NZI(2) or 152NZJ(3) for the accused to prove that, at all times the offence is alleged to have been committed, 1 or more of the following applied —

the accused was at their ordinary place of residence;

the accused was at another person’s place of residence if —

the accused was the sole carer of that other person and was there solely to provide care to them; and

it was necessary in the circumstances for the accused to be there in order to provide the care;

the accused was engaging in a lawful occupation, trade or profession;

the accused was attending an educational institution to take part in secondary education or a higher education course registered under the Higher Education Act 2004 section 23(3) or an approved VET course as defined in the Vocational Education and Training Act 1996 section 5(1) and it was necessary in the circumstances for the accused to be in the protected entertainment precinct in order to take part in the secondary education, higher education course or approved VET course;

the accused was receiving a health service or social welfare service and it was necessary in the circumstances for the accused to be in the protected entertainment precinct in order to receive the service;

the accused was obtaining a health service or social welfare service for a person of whom the accused was the sole carer and it was necessary in the circumstances for the accused to be in the protected entertainment precinct in order to obtain the service;

the accused was receiving legal advice and it was necessary in the circumstances for the accused to be in the protected entertainment precinct in order to receive the advice;

the accused was in custody;

the accused was complying with a written law, an order made by a court or tribunal, or any other order, direction or requirement made under a written law;

the accused was appearing before a court or tribunal;

the accused was attending a religious service and it was necessary in the circumstances for the accused to be in the protected entertainment precinct in order to attend a religious service of that kind;

the accused was a member of an organisation of employees registered under the Industrial Relations Act 1979 Part II Division 4 or the Fair Work (Registered Organisations) Act 2009 (Commonwealth) and was undertaking activities for the purposes of the business of the organisation and it was necessary in the circumstances for the accused to be in the protected entertainment precinct in order to undertake the activities;

if the accused is an Aboriginal person or a Torres Strait Islander — the accused was fulfilling a cultural practice or obligation of the customary laws or traditions of the accused’s community and it was necessary in the circumstances for the accused to be in the protected entertainment precinct in order to fulfil the practice or obligation;

the accused was undertaking permitted travel in relation to the protected entertainment precinct.

For the purposes of subsections (2)(a)(ii) and (3), it is not necessary to be in a protected entertainment precinct to do a thing if the accused could reasonably do the thing without entering the protected entertainment precinct.