South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 21OB

21OB—Possession, transportation of liquor for sale

        (1)         A person must not—

            (a)         have possession of liquor for the purpose of sale; or

            (b)         transport liquor for the purpose of sale; or

            (c)         transport liquor, for the purpose of sale, to a place other than a place at or on which liquor may lawfully be sold.

Maximum penalty:

            (a)         for a first offence—$20 000;

            (b)         for a second or subsequent offence—$40 000.

        (2)         If liquor is possessed or transported by a person in contravention of subsection (1) and is so possessed or transported on behalf of another person, that other person is guilty of an offence.

Maximum penalty:

            (a)         for a first offence—$20 000;

            (b)         for a second or subsequent offence—$40 000.

        (3)         If liquor is possessed or transported by a person in contravention of subsection (1) (the "first person"), a person who—

            (a)         would derive a direct or indirect commercial benefit from the sale of the liquor (if the sale were to occur); and

            (b)         knew, or ought reasonably to have known, that the first person was in possession of or transporting the liquor for the purpose of sale,

is guilty of an offence.

Maximum penalty:

            (a)         for a first offence—$20 000;

            (b)         for a second or subsequent offence—$40 000.

        (4)         Subsections (1) and (2) do not apply to the possession or transportation of liquor for the purpose of a sale that may lawfully be made.

        (5)         It is a defence to a prosecution for an offence against subsection (3) for the person to prove that the person believed on reasonable grounds that the liquor was possessed or transported by the first person for the purpose of a sale that may lawfully be made.

        (6)         If, in proceedings for an offence against subsection (1) or (2), it is proved that the amount of liquor possessed or transported exceeds the prescribed amount, it is presumed, in the absence of proof to the contrary, that the liquor was possessed or transported (as the case requires) for the purpose of sale.

        (7)         A regulation for the purposes of subsection (6) may vary according to the area, circumstances or any other specified factor to which the regulation is expressed to apply.