Supply of liquor to minors: New penalties for people who illegally supply alcohol to anyone under 18.
In Australia, alcohol is a legal drug. However, laws restricting its manufacture, supply, sale, promotion and consumption do apply. If you break these laws, you are likely to have legal action taken against you.
Throughout Australia, it is an offence to drive or attempt to drive a vehicle while under the influence of alcohol. This includes:
people on skateboards and rollerblades
riders of animals
drivers of vehicles drawn by animals
passengers acting as a qualified supervising driver for a learner driver.
Prescribed Concentration of Alcohol
A person can be charged with driving while exceeding the Prescribed Concentration of Alcohol if their Blood Alcohol Concentration (BAC) is over the legal limit according to the type of licence they hold.
To be charged with driving while exceeding the Prescribed Concentration of Alcohol, it is not necessary to show that the driver is affected by alcohol, merely that they are over the legal limit.
Someone who is driving while affected by alcohol can be convicted of an offence even though their BAC is less than the limit specified in the relevant state or territory. 'Driving Under the Influence' is the legal name for this offence under the Road Traffic Act 1961 (SA).
It is against the law for learner/probationary drivers to drive with any alcohol in their body as it is a breach of their learner/probationary conditions. Drink driving provisions also apply to someone acting as a qualified passenger for a learner driver.
Alcotests and breathalysers
Any driver/rider can be required to submit to an alcohol (a breath screening test that indicates the approximate level of alcohol in the blood) by the police.
Under the Road Traffic Act 1961 (SA) it is an offence to refuse to submit to an alcotest.
An alcohol interlock device is a breath testing device fitted to a motor vehicle that requires a person to pass a breath alcohol test before they can start their motor vehicle or continue to operate the vehicle. This requirement may apply in serious drink driving offences.
Under section 70 of the Harbors and Navigation Act 1993 (SA) it is an offence for a person operating a vessel* or a crew member with responsibility for running a vessel (eg the driver of a recreational vessel and, if a ski boat, the observer; or an employee on a commercial vessel, such as skipper, engineer or navigator) to carry out their responsibilities while affected by alcohol.
*A vessel means any boat, ship, air-cushioned water vehicle, surfboard, wind surfboard, motorised jet ski, water ski or device on which a person rides through water, and also includes any structure designed to float in water and used for commercial, industrial or scientific purposes.
In South Australia, the legislation that controls the sale and consumption of alcohol is the Liquor Licensing Act 1997 (the Act). The principal aim of the Act is to minimise the harm associated with the consumption of alcohol in the community of South Australia.
There are a number of licence categories available and each licence category has a number of requirements, which are detailed in the Act.
It is the responsibility of the licensee and their staff to ensure acceptable standards are maintained and that premises function with due regard to responsible serving of alcohol principles and the Liquor Licensing Act 1997.
In South Australia, there is also a mandatory Code of Practice that prohibits licensees from promoting the irresponsible consumption of alcohol. Penalties exist for licensees who do not comply with this code.
South Australia Police and the Liquor and Gambling Commissioner are responsible for enforcing the Liquor Licensing Act 1997. Complaints should be directed to the Liquor and Gambling Commissioner (Consumer and Business Services) in the first instance.
A 'public place' is defined as anywhere to which the general public has access. While it is not a criminal offence to be intoxicated in a public place, the Public Intoxication Act 1984 (SA) provides for police to take intoxicated people into protective custody and take them to one of the following safe places:
the person's home
a sobering-up unit
a place proclaimed by the Minister
a police station.
In South Australia, there are designated dry areas as part of the Liquor Licensing Act 1997, which sees public areas such as reserves, main shopping precincts, car parks and foreshores remain free from alcohol.
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