Section 149A Liquor Act 2007 | General Defence Available to Managers


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The Legislation

Section 149A of the Liquor Act 2007 (NSW) is concerned with General Defence Available to Managers and is set out below.

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149A General defence available to managers of club premises

(1) It is a sufficient defence to a prosecution of a manager of club premises for an offence under this Act or the regulations (including any offence for which the manager is liable because of section 91 or 149) if it is proved that:
(a) the manager had taken all reasonable precautions to avoid commission of the alleged offence, and
(b) at the time of the alleged offence the manager did not know, and could not reasonably be expected to have known, that the alleged offence had been committed.

(2) However, subsection (1) does not apply in relation to any of the following offences:
(a) an offence under section 73 (1) (a) (permitting intoxication on licensed premises),
(b) an offence under section 75 (3) (failure to comply with direction by Director-General),
(c) any offence under this Act or the regulations in respect of which a defence is specifically available to the manager of club premises,
(d) any other offence under this Act or the regulations that is prescribed by the regulations for the purposes of this subsection.