Alcohol laws of Australia

Alcohol laws of Australia regulate the sale and consumption of alcoholic beverages (in Australia also referred to as liquor).

General

The retail and wholesale sale of alcohol in Australia requires a licence that is obtained from the liquor licensing authority of the State or Territory in which the sale takes place. It also regulates the location of outlets through planning laws, and other restrictions. Local government may have an input into these ou federal government controls the importation of alcohol beverages into Australia and has a strong impact on the market for liquor through the imposition of excise taxes on the manufacture of liquor within Australia and importation into Australia. In 1972, a law prohibiting homebrewing of all but the weakest beers and wines was repealed.[1] No excise is payable if a homebrewed drink is not distilled and the product is for own use. A licence is required to operate a still, and excise is payable on distilled beverages.[2] The federal government also controls advertising of alcoholic beverages on television.

It is illegal for a person under 18 to buy, drink or possess alcohol on licensed premises except in the company of their guardian (or spouse) when ordering a meal,[3] but some states, such as Victoria and Western Australia, allow drinking or possessing alcohol on private premises for people under 18 years (under the supervision of at least one adult).[4] By 1974, all Australian states and territories had a drinking age of 18, reduced in some cases from 21.

Drivers cannot drive a motor vehicle when they have a blood-alcohol concentration (BAC) level higher than 0.05 when they hold a full driver licence. Provisional and learner drivers must not drive with any detectable blood-alcohol present. (see Driver's licence in Australia).

In May 2008, three submissions to the Senate Community Affairs Committee Inquiry into Ready-to-drink alcohol beverages recommended the drinking age be raised to be 21, with Drug Awareness suggesting that after 21 "the brain is better protected from this toxin".[5][6] The proposal was not adopted.

Dry zones

Many towns and communities ban outdoor consumption of alcohol. Dry zones are often established by local councils after certain areas, such as local city parks, become favorite locations for problem drinking, violence, and anti-social behavior. Some local councils further restrict consuming alcohol in outdoor public areas, such as local streets, footpaths, and hiking trails. Most local liquor bans (especially in New South Wales and Sydney) last for 4 years.

Alcohol drinking age

State Current legal
drinking age 		Year adopted Previous legal drinking age
New South Wales 18 1905[7] 21
Queensland 18 1974[7] 21
South Australia 18 1971[7] 21 to 20 in 1968
Tasmania 18 1974[7] 21 to 20 in 1967
Victoria 18 1906[7] Not amended
Western Australia 18 1970[7] 21
Australian Capital Territory 18 1928[7] Not amended
Northern Territory 18 1929[7] Not amended

Alcohol laws by state

All tourists' legal proof of age is foreign passports only, and not any 18+ card (especially in New Zealand, where it serves the same purpose as state-specific 18+ cards for residents of each respective state if they don't already have a driving licence.)

South Australia

In South Australia, the major legislation which controls the sale and consumption of alcohol is the Liquor Licensing Act 1997 (SA). The principal aim of the Act is to minimise the harm associated with the consumption of alcohol in the community of South Australia. The drinking age was lowered from 21 to 20 in 1968 and by 1971 South Australia had a drinking age of 18.[8][9] Between 1836 and 1839, liquor licences were granted by the Governor.

On 21 February 1839, Act No. 1 of 1839 became the first liquor licensing legislation in the Province, including three licenses:

In 1869, a Storekeeper's Colonial Wine Licence was introduced.[10]

Victoria

Alcohol may not be sold in Victoria without a licence or permit being obtained from the State government. Licences and permits are issued by the Victorian Commission for Gambling and Liquor Regulation,[11] under the Liquor Control Reform Act 1998.[12]

In Victoria, alcohol may not be sold to a person who is under 18 years of age unless accompanied by a guardian (or spouse) and for consumption during a meal,[13] and minors must not be on licensed premises (i.e. premises on which alcohol may be sold or consumed) unless accompanied by an adult or other limited circumstances.[14]

There are several categories of licences available.[15] The most common are:

Other specialised licences are: full club licence, renewable limited club licence, temporary limited licence, renewable limited licence, restricted club licence, pre-retail licence (for wholesalers, producers, brewers and liquor importers), and vigneron’s licence.

Until May 2015, there were several areas in Melbourne which had the status of "dry-areas", where a vote was required before a liquor licence was granted within the area. This requirement has now ceased.[16] Some local government councils have passed by-laws prohibiting the consumption of alcohol on designated streets, parks and other areas within their jurisdictions.[17]

In Victoria, if a minor is caught with alcohol in public it can be confiscated and guardians notified of the offence, and a fine may be imposed.[18]

Previously, minors were allowed to drink alcohol if it is given to them by anyone on private property, for example a party. New laws which came into effect late 2011, require parental permission to be given to any adult serving alcohol to minors, under a penalty of $7,000.[19]

In Victoria, fully licensed drivers of motor vehicles must have a Blood alcohol content (BAC) below 0.05%. Learner and probationary licensed drivers must not consume any alcohol before driving (i.e. the BAC must be zero).

Victorian alcohol laws only allow the following identification as legally accepted proof-of-age in licensed premises:

New South Wales

Alcohol may not be sold in NSW without a licence or permit being obtained from the State government.[21]

In NSW, alcohol may not be sold to a person who is under 18 years of age unless accompanied by a guardian (or spouse) and for consumption during a meal, and minors must not be on licensed premises (i.e. premises on which alcohol may be sold or consumed) unless accompanied by an adult or other limited circumstances.[22] The designation of restricted area (18+ only) and supervised area (minors must be accompanied by adults) must be displayed on the door or window facing outwards.

There are several categories of licences available. The most common are:[21]

Other specialised licences are: full club licence, renewable limited club licence, temporary limited licence, renewable limited licence, restricted club licence, pre-retail licence (for wholesalers, producers, brewers and liquor importers), and vigneron’s licence.

Some local government councils have passed by-laws prohibiting the consumption of alcohol on streets within their areas, especially the Sydney CBD Entertainment Precinct, which stretches from the Sydney Harbour Bridge, Circular Quay down to the end of George Street. On other parts of Sydney, many streets still have similar 'alcohol-free streets', notably the immediate streets near railway stations, all main roads in Hurstville, Bankstown, Chatswood and City of Willoughby. Most of these bans last for 4 years which can be renewed each September of the 4-year cycle under council discretion.

In a designated area within the Sydney CBD, there is a 1:30 am lockout meaning no patrons can enter bars after that point, and no existing patrons can re-enter after that time, while last drinks are at 3am. There are restrictions on what can be served after midnight. For example, liquor cannot be served "neat".[23]

In NSW, if a minor is caught with alcohol in public it can be confiscated and guardians notified of the offence, and a fine may occur.

New South Wales alcohol laws only allow the following identification as legally accepted proof-of-age in licensed premises:

Western Australia

State legislation governs the sale and supply of alcohol in Western Australia. The Liquor Control Act 1988 and the Liquor Control Regulations 1989 is administered by the Department of Racing, Gaming and Liquor. The purpose of the Liquor Act is primarily to regulate the sale, supply, and consumption of alcohol. Before 1970, Western Australia drinking age was 21. It is illegal for any person under the age of 18 years to purchase, supply, or drink alcohol on licensed or regulated premises, even if they are with their parents or guardian. The maximum penalty for a minor to consume alcohol on licensed premises is a $2,000AUD fine. It is an offence in Western Australia for persons of any age to drink in public, such as on the street, park, or beach without first having obtained a permit from the appropriate local government authority. Such permits are at the discretion of the local council - some public events have a total ban on alcohol consumption and no permits will be issued.

Western Australian alcohol laws only allow the following identification as legally accepted proof-of-age in licensed premises:[9][24][25]

Australian Capital Territory

Alcohol was originally banned in Canberra; see King O'Malley. Alcohol was made legal again following a plebiscite in 1928.[26][27]

See also

References

  1. ↑ "Adelaide Times Online". Archived from the original on 20 August 2006. Retrieved 2006-10-10.
  2. ↑ ATO - Distillation Equipment
  3. ↑ "Liquor Control Reform Act 1998 - SECT 119".
  4. ↑ "Alcohol & other drugs services in Victoria".
  5. ↑ "Submission to the Community Affairs Committee of the Australian Senate, on the Inquiry into Ready-to-drink alcohol beverages" (PDF).
  6. ↑ "Ready-to-drink alcohol beverages – Issues raised during the inquiry". Senate Community Affairs Committee.
  7. 1 2 3 4 5 6 7 8 "Underage Drinking: develop policy options to reverse the present trend facing Australia" (PDF). Retrieved 4 February 2014.
  8. ↑ http://www.dassa.sa.gov.au/site/page.cfm?u=124
  9. 1 2 http://www.mcri.edu.au/Downloads/Media/2008/03/23/SundayAge.pdf
  10. ↑ "History of Liquor Licensing in South Australia". Olgc.sa.gov.au. Retrieved 2010-07-22.
  11. ↑
  12. ↑ "LIQUOR CONTROL REFORM ACT 1998". Austlii.edu.au. 2010-04-01. Retrieved 2010-07-22.
  13. ↑ "Liquor Control Reform Act 1998, sec 119". Austlii.edu.au. Retrieved 2010-07-22.
  14. ↑ "Liquor Control Reform Act 1998, sec 120". Austlii.edu.au. Retrieved 2010-07-22.
  15. ↑ Archived 10 July 2009 at the Wayback Machine.
  16. ↑ The Age, 13 May 2015: End to dry polls for Melbourne cafes and restaurants
  17. ↑ City of Melbourne: Consumption of alcohol
  18. ↑ "Page Not Found" (PDF).
  19. ↑ "Teen Drinking Law - The Law".
  20. ↑ Victorian Commission for Gambling and Liquor Regulation Proof of Age
  21. 1 2 "New alcohol laws now in place".
  22. ↑ Liquor Act 2007 (NSW) s 117. AustLII
  23. ↑ The boomer supremacy
  24. ↑ http://www.alcoholthinkagain.com.au/Alcohol%20Related%20Information/The%20Law.aspx
  25. ↑ "Liquor Act 2007". Austlii.edu.au. Retrieved 2013-10-13.
  26. ↑ "History of the Capital".
  27. ↑ Ian Warden. "Ditty details end of drink drought". Canberra Times.
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