Alcohol laws of Australia
Encyclopedia
Alcohol
laws of Australia
regulate the sale and consumption of alcoholic beverages (in Australia also referred to as liquor). The laws vary between the states and territories of Australia
.
may have an input into these outcomes.
The Federal government controls the importation of alcohol beverages into Australia, and has a strong impact on the market for liquor through the imposition of excise taxes on the manufacture of liquor within Australia and importation into Australia. It also controls advertising of alcoholic beverages on television.
It is illegal for a person under 18 years to buy, drink or possess alcohol on licensed premises, but some states allow drinking or possessing alcohol on private premises for people under 18 years (under the supervision of at least one adult). By 1974, all Australian states and territories had a drinking age of 18 instead of 21.
Some states, such as Victoria
, permit drinking in vehicles once a full license is obtained. Drivers cannot drive a motor vehicle
when they have a blood-alcohol concentration (BAC) level higher than 0.05 when they hold a full driver license. Provisional and learner drivers must not drive with any detectable blood-alcohol present. (see Driver's licence in Australia) Commercial drivers have a limit of 0.02 whilst working.
In May 2008, three submissions to the Senate Community Affairs Committee Inquiry into Ready-to-drink alcohol beverages recommended that the drinking age be raised to 21, with Drug Awareness suggesting that after 21 "the brain is better protected from this toxin".
Offences under the act include : Serving alcohol to an intoxicated person, failing to leave licensed premises when asked to do so or attempting to re-enter licensed premises after being ejected.
In New South Wales
there is no law against minors possessing or drinking alcohol on private premises, but there are laws against supplying or selling alcohol to a minor, as well as against minors "carrying away" alcohol from a licensed club.
Minors may be on licensed premises accompanied by a parent or guardian (but not purchase alcohol) and parents can not provide alcohol with a meal on licensed premises.
It is also illegal to provide minors with alcohol, and one can be fined by it if caught in the act. It is illegal to buy alcohol if already drunk and to supply alcohol to such a person.
Between 1836 and 1839, liquor licences were granted by the Governor.
On 21 February 1839, Act No. 1 of 1839 became the first liquor licensing legislation in the Province, including three licenses:
In 1869, a Storekeeper's Colonial Wine Licence was introduced.
, under the Liquor Control Reform Act 1998.
In Victoria, alcohol may not be sold to a person who is under 18 years of age, and minors must not be on licensed premises (i.e. premises on which alcohol may be sold or consumed) unless accompanied by an adult or other limited circumstances.
There are several categories of licences available. The most common are:
Other specialised licences are: full club licence, renewable limited club licence, temporary limited licence, renewable limited licence, restricted club licence, pre-retail licence (for wholesalers, producers, brewers and liquor importers), and vigneron’s licence.
There are several areas in Melbourne which retain the status of "dry-areas", where a vote is required before a liquor licence is granted within the area.
Some local government councils have passed by-laws prohibiting the consumption of alcohol on streets within their areas.
In Victoria
, if a minor is caught with alcohol in public it can be confiscated and guardians notified of the offense, and a fine may occur.
Previously, minors were allowed to drink alcohol if it is given to them by anyone on private property for example a party. New laws coming into effect on 1 November 2011 require parental permission to be given to any adult serving alcohol to minors, under a penalty of $7,000.
In Victoria, fully licensed drivers of motor vehicles must have a Blood alcohol content
(BAC) below 0.05%. Learner and probationary licensed drivers must not consume any alcohol before driving (i.e. the BAC must be zero).
; see King O'Malley
. Alcohol was unbanned on Jan 1, 1967.
Alcohol
In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
laws of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
regulate the sale and consumption of alcoholic beverages (in Australia also referred to as liquor). The laws vary between the states and territories of Australia
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
.
General
The retail sale of alcohol in Australia requires that a license be obtained from the liquor licensing authority of the State or Territory in which the sale takes place. It also regulates the location of outlets through planning laws, and other restrictions. Local governmentLocal government
Local government refers collectively to administrative authorities over areas that are smaller than a state.The term is used to contrast with offices at nation-state level, which are referred to as the central government, national government, or federal government...
may have an input into these outcomes.
The Federal government controls the importation of alcohol beverages into Australia, and has a strong impact on the market for liquor through the imposition of excise taxes on the manufacture of liquor within Australia and importation into Australia. It also controls advertising of alcoholic beverages on television.
It is illegal for a person under 18 years to buy, drink or possess alcohol on licensed premises, but some states allow drinking or possessing alcohol on private premises for people under 18 years (under the supervision of at least one adult). By 1974, all Australian states and territories had a drinking age of 18 instead of 21.
Some states, such as Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, permit drinking in vehicles once a full license is obtained. Drivers cannot drive a motor vehicle
Motor vehicle
A motor vehicle or road vehicle is a self-propelled wheeled vehicle that does not operate on rails, such as trains or trolleys. The vehicle propulsion is provided by an engine or motor, usually by an internal combustion engine, or an electric motor, or some combination of the two, such as hybrid...
when they have a blood-alcohol concentration (BAC) level higher than 0.05 when they hold a full driver license. Provisional and learner drivers must not drive with any detectable blood-alcohol present. (see Driver's licence in Australia) Commercial drivers have a limit of 0.02 whilst working.
In May 2008, three submissions to the Senate Community Affairs Committee Inquiry into Ready-to-drink alcohol beverages recommended that the drinking age be raised to 21, with Drug Awareness suggesting that after 21 "the brain is better protected from this toxin".
Dry zones
Many towns and communities ban outdoor consumption of alcohol. Dry zones are often established by local councils after certain areas, such as local city parks, become favorite locations for problem drinking, violence, and anti-social behavior. Some local councils further restrict consuming alcohol in outdoor public areas, such as local streets, footpaths, and hiking trails.- Dry zones in South Australia are found at GlenelgGlenelg, South AustraliaGlenelg is a popular beach-side suburb of the South Australian capital of Adelaide. Located on the shore of Holdfast Bay in Gulf St Vincent, it has become a popular tourist destination due to its beach and many attractions, home to several hotels and dozens of restaurants.Established in 1836, it is...
, Adelaide city centreAdelaide city centreThe Adelaide city centre is the innermost locality of Greater Adelaide, known by locals simply as "The City" or "Town". The locality is split into two key geographical distinctions: the city "square mile", bordered by North, East, South and West Terraces; and that part of the Adelaide Parklands...
, and Port AugustaPort Augusta, South Australia-Electricity generation:Electricity is generated at the Playford B and Northern power stations from brown coal mined at Leigh Creek, 250 km to the north...
.
New South Wales
The consumption of alcohol in New South Wales is regulated by the Liquor Act 2007.Offences under the act include : Serving alcohol to an intoxicated person, failing to leave licensed premises when asked to do so or attempting to re-enter licensed premises after being ejected.
In New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
there is no law against minors possessing or drinking alcohol on private premises, but there are laws against supplying or selling alcohol to a minor, as well as against minors "carrying away" alcohol from a licensed club.
Minors may be on licensed premises accompanied by a parent or guardian (but not purchase alcohol) and parents can not provide alcohol with a meal on licensed premises.
It is also illegal to provide minors with alcohol, and one can be fined by it if caught in the act. It is illegal to buy alcohol if already drunk and to supply alcohol to such a person.
South Australia
In South Australia, the major legislation which controls the sale and consumption of alcohol is the Liquor Licensing Act 1997 (SA). The principal aim of the Act is to minimise the harm associated with the consumption of alcohol in the community of South Australia. The drinking age was lowered from 21 to 20 in 1968 and by 1971 South Australia had a drinking age of 18.Between 1836 and 1839, liquor licences were granted by the Governor.
On 21 February 1839, Act No. 1 of 1839 became the first liquor licensing legislation in the Province, including three licenses:
- General Publican's Licence
- Wine, Ale, Beer and other Malt Liquors Licence
- Storekeeper's Licence
In 1869, a Storekeeper's Colonial Wine Licence was introduced.
Victoria
Alcohol may not be sold in Victoria without a licence or permit being obtained from the State government. Licences and permits are issued by Consumer Affairs VictoriaConsumer Affairs Victoria
Consumer Affairs Victoria is a Victorian government agency that protects and promotes the interests of consumers and is based in the Australian state of Victoria...
, under the Liquor Control Reform Act 1998.
In Victoria, alcohol may not be sold to a person who is under 18 years of age, and minors must not be on licensed premises (i.e. premises on which alcohol may be sold or consumed) unless accompanied by an adult or other limited circumstances.
There are several categories of licences available. The most common are:
- on-premises licence, which permit the sale of liquor to customers for drinking on the premises, such as restaurants, bars and cafes.
- packaged liquor licence, which permit the sale of liquor to customers to take away from retail liquor stores and supermarkets.
- general licence, which permit the sale of liquor to customers for drinking on the premises, and to take away. These are used by pubs, hotels and taverns.
- BYO permit, which allow customers to bring their own liquor and drink it on the premises. These are obtained by restaurants and clubs that do not intend to hold a liquor licence.
Other specialised licences are: full club licence, renewable limited club licence, temporary limited licence, renewable limited licence, restricted club licence, pre-retail licence (for wholesalers, producers, brewers and liquor importers), and vigneron’s licence.
There are several areas in Melbourne which retain the status of "dry-areas", where a vote is required before a liquor licence is granted within the area.
Some local government councils have passed by-laws prohibiting the consumption of alcohol on streets within their areas.
In Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
, if a minor is caught with alcohol in public it can be confiscated and guardians notified of the offense, and a fine may occur.
Previously, minors were allowed to drink alcohol if it is given to them by anyone on private property for example a party. New laws coming into effect on 1 November 2011 require parental permission to be given to any adult serving alcohol to minors, under a penalty of $7,000.
In Victoria, fully licensed drivers of motor vehicles must have a Blood alcohol content
Blood alcohol content
Blood alcohol content , also called blood alcohol concentration, blood ethanol concentration, or blood alcohol level is most commonly used as a metric of alcohol intoxication for legal or medical purposes....
(BAC) below 0.05%. Learner and probationary licensed drivers must not consume any alcohol before driving (i.e. the BAC must be zero).
Western Australia
State legislation governs the sale and supply of alcohol in Western Australia. The Liquor Control Act 1988 and the Liquor Control Regulations 1989 is administered by the Department of Racing, Gaming and Liquor. The purpose of the Liquor Act is primarily to regulate the sale, supply, and consumption of alcohol. Before 1970, Western Australia drinking age was 21. It is illegal for any person under the age of 18 years to purchase, supply, or drink alcohol on licensed or regulated premises, even if they are with their parents or guardian. The maximum penalty for a minor to consume alcohol on licensed premises is an $2,000AUD fine. It is an offence in Western Australia for persons of any age to drink in public, such as on the street, park, or beach.Australian Capital Territory
Alcohol was originally banned in CanberraCanberra
Canberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
; see King O'Malley
King O'Malley
King O'Malley was an Australian politician. He was a member in the South Australian House of Assembly from 1896 to 1899, and the Australian House of Representatives from 1901 to 1917. O'Malley was also Minister for Home Affairs in the second and third Fisher Labor ministry...
. Alcohol was unbanned on Jan 1, 1967.