Section 5 Liquor Act 2007 | Definition of Intoxicated


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The Legislation

Section 5 of the Liquor Act 2007 (NSW) is concerned with Definition of Intoxicated and is set out below.

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5 Meaning of “intoxicated”

(1) For the purposes of this Act, a person is “intoxicated” if:
(a) the person’s speech, balance, co-ordination or behaviour is noticeably affected, and
(b) it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor.

(2) Accordingly, a reference in this Act to “intoxication” in relation to licensed premises is a reference to the presence of intoxicated persons on the licensed premises.

(3) The Director-General is to issue guidelines to assist in determining whether or not a person is intoxicated for the purposes of this Act. Such guidelines are to be made publicly available in such manner as the Director-General considers appropriate.

(4) The guidelines issued by the Director-General may also indicate circumstances in which a person may be assumed not to be intoxicated for the purposes of this Act.