Section 100 Liquor Act 2007 | Undesirable Liquor Products


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The Legislation

Section 100 of the Liquor Act 2007 (NSW) is concerned with Undesirable Liquor Products and is set out below.

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100 Regulations may declare undesirable liquor products

(1) The regulations may declare a specified liquor product (or class of liquor products) to be an undesirable liquor product.

(2) A licensee must not sell or supply any such liquor product that is declared to be an undesirable liquor product. Maximum penalty: 50 penalty units.

(3) The Minister may recommend the making of a regulation under this section only if, in the opinion of the Minister:
(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 declare the liquor product to be an undesirable liquor product.

(4) The Minister must, before recommending the making of a regulation under this section, consult with relevant liquor industry representatives and the manufacturer of any liquor product proposed to be prescribed by the regulations (where the manufacturer is known to the Minister).

(5) The validity of a regulation under this section is not affected by any failure to comply with subsection (3) or (4).