New South Wales Consolidated Acts

LIQUOR ACT 2007 - SECT 102

102 Secretary may restrict or prohibit undesirable promotion of liquor

(1) The Secretary may, by notice in writing given to a licensee or other person, restrict or prohibit the licensee or other person carrying on, or being involved in, an activity that--

(a) promotes the sale or supply of liquor, and

(b) is specified or described in the notice.

(2) The Secretary may restrict or prohibit any such activity only if the Secretary is of the opinion that--

(a) the promotion is likely to have a special appeal to minors because of the use of designs, names, motifs or characters in the promotion that are, or are likely to be, attractive to minors or for any other reason, or

(b) the promotion is indecent or offensive, or

(c) the promotion involves the provision of liquor in non-standard measures or the use of emotive descriptions or advertising that encourages irresponsible drinking and is likely to result in intoxication, or

(d) the promotion involves the provision of free drinks, or extreme discounts or discounts of a limited duration, that creates an incentive for patrons to consume liquor more rapidly than they otherwise might, or

(e) the promotion otherwise encourages irresponsible, rapid or excessive consumption of liquor, or

(f) the restriction or prohibition is otherwise in the public interest.

(3) A licensee or other person must comply with a notice given to the licensee or other person under this section.

: Maximum penalty--50 penalty units.

(4) The Secretary must not give a notice under this section unless the Secretary has issued publicly available guidelines that indicate the kinds of activities or promotions that the Secretary would consider being the subject of a notice under this section.

(5) For this section,
"liquor" includes a beverage, substance or other thing that is not referred to in section 4(1), definition of
"liquor" , paragraph (a) or (c) but, for the purposes of sale, is held out to be beer, spirits or wine.