Section 74 Liquor Act 2007 | Duty to Prevent Criminal Activity


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The Legislation

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74 Sale of stolen goods and possession, use or sale of drugs on licensed premises

(1) A licensee must not permit the licensed premises to be used for the sale of:
(a) any goods that the licensee suspects of being stolen, or
(b) any substance that the licensee suspects of being a prohibited plant or a prohibited drug.
Maximum penalty: 50 penalty units.

(2) A licensee must not permit the possession or use on the licensed premises of any substance that the licensee suspects of being a prohibited plant or a prohibited drug.
Maximum penalty: 50 penalty units.

(3) An employee or agent of a licensee or a person (other than the licensee) in charge of licensed premises must not permit the licensed premises to be used for the sale of:
(a) any goods that the employee, agent or person suspects of being stolen, or
(b) any substance that the employee, agent or person suspects of being a prohibited plant or a prohibited drug.
Maximum penalty: 50 penalty units.

(4) An employee or agent of a licensee or a person (other than the licensee) in charge of licensed premises must not permit the possession or use on the licensed premises of any substance that the employee, agent or person suspects of being a prohibited plant or a prohibited drug.
Maximum penalty: 50 penalty units.

(5) It is a defence to a prosecution for an offence under this section if it is proved that the goods concerned were not stolen or that the substance concerned was not a prohibited plant or a prohibited drug.