Alcohol & the Law
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ALCOHOL & THE LAW

Legal issues for under 18s.

Different states have slight variations of the law. However across all states in Australia the legal age when you can drink alcohol is 18. This is meant to be a GUIDE ONLY and you need to be aware that sometimes laws will change.

State

Supply and drinking alcohol in a public place

In a private residence or at home

Supply and drinking  alcohol on licensed premises

NSW

If you are under 18, you cannot not have or drink liquor in a public place, unless you are under the supervision of a responsible adult, or you have a reasonable excuse. You risk being fined up to $20 and the police can confiscate the alcohol.

In NSW, there is no law which makes it an offence for a person under 18 to drink alcohol in a private home.

You can enter most licensed venues but conditions apply to some parts and types of venues. Conditions must be clearly displayed. You cannot drink or buy alcohol at licensed premises even to take away and risk being fined up to $1,100. You can drink alcohol in an unlicensed restaurant only when you are with your parents or guardian.

QLD

If you are under 18 and in a public place, it is illegal for a person to supply alcohol to you. If you drink or have alcohol in a public place, you can be fined up to $275. You can also be charged with being drunk and disorderly in a public place.

There is no law which makes it an offence for a person under 18 to drink alcohol in a private home.

It is illegal for a person at a licensed premises to give or sell you alcohol. You are not allowed to drink at or near to such places or you risk being fined up to $275.

An adult is also not allowed to send you to licensed premises to buy alcohol.

N.T

If you are under 18, you are not allowed to drink alcohol in a public place unless you are with your parents, guardian or spouse (if he or she is 18 or over) or another person who is over 18 and is supervising you on behalf of your parents or guardian.

You can legally drink alcohol in your own home, or in someone else's home, even if you're under 18.

You have to be 18 before you can buy or drink alcohol in a pub or licensed premises. Unless it is part of a meal and you are accompanied by a parent/guardian.

It is a criminal offence to lie about your age or give false documents as proof of your age to try to buy alcohol or go to a pub.

W.A

It is an offence for persons of any age to drink in public places, such as on the street, in parks or at beaches.

 

There is no law which makes it an offence for a person under 18 to drink alcohol in a private home.

Licensees must display a sign at the entrance which declares licensed premises to be out-of-bounds to people under 18. If you enter the areas declared to be out-of-bounds and you are under 18, the licensee, manager, an employee of the premises or a police officer can ask you to leave. If you refuse, they can have you removed from the premises, and you can be fined up to $1,000.

If an adult buys alcohol for you from licensed premises, both you and that adult can be fined up to $2,000.

S.A

 

It is illegal to be under 18 and drink or have alcohol in a public place unless you are with your parents, guardian or spouse (who is over 18). It is also illegal for a person to supply alcohol to you in a public place. If the police suspect you are under the influence of alcohol, particularly if you seem like you’re pretty messy and might be at risk they can pick you up and take you home, to a police station or sobering up centre. If this happens, your parents or guardians should be contacted and special arrangements made to keep you away from other adults who are detained at the same place.

There is no law which makes it an offence for a person under 18 to drink alcohol in a private home.

It is illegal if you are under 18 to drink, be sold or given alcohol on licensed premises. The person who has supplied the alcohol is guilty of an offence and could be fined.

TAS

 

Regardless of what age you are, you must not drink alcohol in a public place. You also must not (without reasonable excuse) have in your possession an opened or unsealed container of alcohol in a public street. For both offences, you could be fined up to $200 or, in the case of a second offence, $500.

A “public place” includes a parked car in a public street or a public place.

There is no law which makes it an offence for a person under 18 to drink alcohol in a private home.

If you are under 18, you can’t drink, have or be served alcohol while you are on licensed premises. You could be fined up to $1,000.

You can only have alcohol if you are:

  • It is part of your work and you are under the direct and personal supervision of a person who is at least 21 years old.

It is also illegal for any person to supply liquor to you on licensed premises. They could be fined up to $1,000. A person also must not send you to buy liquor or collect liquor from licensed premises.

VIC

Regardless of what age you are, if you are found drunk in a public place, you are guilty of an offence. You may be arrested by the police and taken into custody. You could be fined up to $100.

It is also an offence to be found drunk and disorderly in a public place, or muck up in a public place while being drunk.

You are allowed to receive, have, or drink alcohol if you are in a private home.

 

If you are under 18, you can only drink alcohol if:

  • It is part of a meal and you are accompanied by a parent/guardian
  • You are with your spouse and they are over 18
  • A family member is the licensee
  • You are in a private home.

A licensee must not allow a person under 18 to supply liquor on the licensed premises (unless it is part of a training program approved by the Director of Liquor Licensing).

If you want more info check out - http://www.lawstuff.org.au/ - for legal info.