Offences in Public Places (Juvenile Drinking) Amendment Act 1987 (NSW)

OFFENCES IN PUBLIC PLACES (JUVENILE DRINKING)

AMENDMENT ACT 1987 No. 224

NEW SOUTH WALES

TABLE OF PROVISIONS

1. Shon title

2. Commencement

3.     Amendment of Act No. 63, 1979

SCHEDULE 1—AMENDMENTS

OFFENCES IN PUBLIC PLACES (JUVENILE DRINKING)

AMENDMENT ACT 1987 No. 224

NEW SOUTH WALES

Act No. 224, 1987

An Act to amend the Offences in Public Places Act 1979 in relation to the possession of liquor in public places by minors. [Assented to 10 December 1987]

70910- 21608— 121

Offences in Public Places (Juvenile Drinking) Amendment 1987

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Offences in Public Places (Juvenile

Drinking) Amendment Act 1987.

Commencement

2.     This Act shall commence on a day to be appointed by proclamation.

Amendment of Act No, 63, 1979

3. The Offences in Public Places Act 1979 is amended as set out in

Schedule 1.

SCHEDULE I—AMENDMENTS

(Sec. 3)

(1 ) Section 1 1b—

After section 1 1a , insert:

Possession of liquor by minors

11b . (1) In this section—

“liquor” has the same meaning as in the Liquor Act 1982, and

includes any container containing liquor.

(2) A person under the age of 18 years is guilty of an offence if the person possesses or consumes any liquor in a public place, unless the person establishes that—

(a)	the person was under the supervision of a responsible adult; or
(b)	the person had a reasonable excuse for possessing or consuming the liquor.

Penalty: $20.

(3) A member of the Police Force may seize liquor in the

possession of a person in a public place, if the member suspects,

on reasonable grounds, that—

(a) the person is under the age of 18 years;

(b)	the person is not under the supervision of a responsible adult; and
(c)	the person does not have a reasonable excuse for possessing the liquor.

(4) Liquor seized under this section is forfeited to the Crown.

3   Act No, 224

Offences in Public Places (Juvenile Drinking) Amendment 1987

SCHEDULE 1—AMENDMENTS—

(5) Liquor may be seized from a person’s possession under this section, even though the person is under the age of criminal responsibility.

(6) A person may not be arrested for an offence against this section, except so far as may be necessary for the purpose of the administration of a caution by a member of the Police Force in relation to such an offence.

(7) The regulations may make provision for or with respect

to—

(a)	the procedure to be followed as regards the seizure of liquor under this section and the procedure to be followed after its seizure;
(b)	without limiting paragraph (a), prescribing the circumstances in which and the procedure by which liquor seized under this section is to be returned; and
(c)	prescribing circumstances in which the other provisions of this section do not apply.

(2) Section 15—

After section 14, insert:

Regulations

15. The Governor may make regulations, not inconsistent with this .Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.