Section 101 Liquor Act 2007 | Restricting Sale of Undesirable Liquor Products


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The Legislation

Section 101 of the Liquor Act 2007 (NSW) is concerned with Restricting Sale of Undesirable Liquor Products and is set out below.

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101 Director-General may restrict or prohibit sale or supply of undesirable liquor products

(1) The Director-General may, by notice in writing given to a licensee, restrict or prohibit the licensee selling or supplying a liquor product specified in the notice.

(2) The Director-General may restrict or prohibit the sale or supply of any such specified liquor product by notice under this section only if the Director-General is satisfied that:
(a) the name of the liquor product, or its design or packaging, is indecent or offensive, or
(b) the name of the liquor product, or its design or packaging, encourages irresponsible, rapid or excessive consumption of the product, or
(c) the name of the liquor product, or its design or packaging, is likely to be attractive to minors, or
(d) the liquor product is likely, for any reason, to be confused with soft drinks or confectionery, or
(e) the liquor product is, for any other reason, likely to have a special appeal to minors, or
(f) it is otherwise in the public interest to restrict or prohibit the licensee selling or supplying the liquor product.

(3) The Director-General must not give a notice under this section unless the Director-General is satisfied that:
(a) the liquor product is being sold on the licensed premises to which the proposed notice relates, and
(b) the premises are situated in an area or locality in respect of which there are significant concerns regarding intoxication or underage or irresponsible drinking.

(4) The Director-General must not give a notice under this section to a licensee unless the Director-General has:
(a) provided the licensee with a reasonable opportunity to make submissions in relation to the proposed restriction or prohibition, and
(b) taken any such submissions into consideration in deciding whether to give the notice.

(5) The regulations may prescribe other requirements that the Director-General must comply with in relation to a notice under this section.

(6) A notice under this section may, but need not, relate to a liquor product that is declared to be an undesirable liquor product under section 100.

(7) A licensee must comply with a notice given to the licensee under this section. Maximum penalty: 50 penalty units.