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Liquor and Accommodation Act 1990 (No. 44 of 1990)
Requested:  25 May 2013
Consolidated as at:  Sessional

Division 3 - General administration provisions

218. Evidentiary provisions

      (1) In proceedings for an offence under this Act, an allegation in the complaint –

(a) that a substance referred to in the complaint was liquor; or

(b) that a person named in the complaint was or was not on a specified date the holder of a licence or permit; or

(c) that premises referred to in the complaint were or were not on a specified date specified in a licence or permit; or

(d) that a person referred to in the complaint was on a specified date under the age of 18 years –

      (2) In legal proceedings, a document apparently certified by the Commissioner to be the original or a copy of a document granted under this Act –

(a) is admissible in evidence; and

(b) shall be accepted as the original or a copy of that document.

      (3) In proceedings for an offence in relation to the sale of liquor, proof that liquor was supplied, sent, forwarded or delivered to a person is evidence of the sale of the liquor.

      (4) In proceedings for an offence against section 5, proof that bottles, decanters, glasses or other vessels commonly used to contain liquor were found on premises where the offence is alleged to have been committed and had been used recently is evidence of the sale of liquor on those premises.

218A. Time and place at which sale of liquor by mail order, &c., occurs

For the purposes of this Act, if liquor is sold by a licensee on the basis of an order received by mail, telephone, facsimile transmission or other electronic process, the sale is taken to have occurred at the time at which, and at the licensed premises from which, the licensee dispatches the liquor.

219. Service of documents

A document required by this Act to be served on or sent to a person may be served or sent –

(a) by giving it to the person; or

(b) by sending it by post to –

(i) that person's last known place of residence; or

(ii) in the case of a licensee – the premises specified in the licence; or

(c) by leaving it at –

(i) that person's last known place of residence; or

(ii) in the case of a licensee – the premises specified in the licence –

in an envelope addressed to that person; or

(d) if that person is a facsimile service subscriber – by sending a copy via that service to the person's facsimile service number.

220. Form of licences, permits and approval

Licences and permits granted, and approvals given, under this Act shall be in such form as the Commissioner determines and may, in appropriate circumstances, be combined in one document.

221. Indemnity

An action or proceeding, civil or criminal, does not lie against –

(a) a member of the Board; or

(b) the Commissioner; or

(c) an authorized officer –

222. Recovery of fees by civil process

A fee payable under this Act is a debt due to the Crown and is recoverable accordingly.

223. Powers of Commissioner of Taxes

      (1) In this section –

the Commissioner of Taxation means the Commissioner of Taxation appointed under section 4 of the Taxation Administration Act 1953 of the Commonwealth;

the Commissioner of Taxes means the Commissioner of Taxes appointed under section 6 (1) of the Land and Income Taxation Act 1910.

      (2) The Commissioner of Taxes may disclose information gained in the course of the administration of this Act to authorities vested with the administration of liquor licensing laws in other States and in Territories of the Commonwealth.

      (3) The Commissioner of Taxes is authorized to perform the functions of a State taxation officer under Part IIIA of the Taxation Administration Act 1953 of the Commonwealth.

      (4) The Commissioner of Taxes is authorized to communicate information disclosed or obtained under or for the purpose of the administration of this Act to the Commissioner of Taxation.