What is the maximum fine you could receive if you sell or supply liquor to a minor in NSW?

‘Secondary supply’ is a legal term used to describe an adult providing alcohol to someone under 18.

In Australia, it’s against the law to serve alcohol in a private home to anyone under 18, unless you’re the young person’s parent or guardian or, in the case of most states and territories, you have permission from the parent/guardian.

Secondary supply is the most common way that young people get alcohol, with 43% of underage people getting alcohol from their parents.

Alcohol-related harms in young people

Australia’s drinking guidelines say to reduce the risk of injury and other harms to health, anyone under 18 years of age should avoid alcohol altogether.

Why?

Because drinking alcohol can affect how the brain develops in young people up until the age of 25.

This includes areas of the brain associated with attention, memory, and decision-making abilities. Drinking alcohol while these areas are still developing could increase the risk of:

• memory problems
• learning difficulties
• mental health issues
• dependence.

In fact, the earlier a young person starts drinking, and the more frequently they drink, the more likely they are to develop an alcohol dependence later in life.

While young people today are less likely to drink alcohol than previous generations, they’re actually more likely to ’binge drink’ and take risks which can result in injuries, alcohol poisoning and potentially death.

The highest alcohol-related injury presentations in Australian emergency departments are for 15- to 19-year-olds.

Current secondary supply laws in Australia

In Australia, it isn’t illegal for a person under 18 to drink alcohol on private property.

However, in most states and territories, the person who supplied them with the alcohol could be breaking the law – unless they’re the young person’s parent or guardian, or the parent or guardian has provided consent.

In all states and territories, it’s illegal to supply people under 18 with alcohol if responsible supervision is not provided.

Responsible supervision is generally determined by:

• if the adult supplying the alcohol is intoxicated (when a person's speech, balance, coordination, or behaviour is noticeably affected by alcohol)
• if the young person is intoxicated
• the age of the young person
• the type and amount of alcohol supplied and over what period of time
• if the young person has eaten food with the alcohol
• how the young person is supervised by the adult supplying the alcohol.

State and territory laws

*Note: The following information is correct at the time of publication, but may not be up-to-date.

For the most up-to-date information about the supply of alcohol to people under 18, contact the Legal Aid Commission in your state or territory.

Australian Capital Territory

Liquor Act 2010 (ACT)

It’s illegal to supply alcohol to people aged under 18 years in a private home unless it is supplied by:

• the young person’s parent or guardian
• an adult who has approval from the parent or guardian.

The supply needs to be consistent with the responsible supervision of the minor.

The penalty for an offence is currently $3,200.

New South Wales

Liquor Act 2007 (NSW)

It’s illegal to supply alcohol to people aged under 18 years in a private home unless it is supplied by:

• the young person’s parent or guardian
• an adult who has approval from the parent or guardian.

The supply should be consistent with the responsible supervision of the minor.

A person convicted of secondary supply in NSW can be fined up to $11,000 and/or 12 months’ imprisonment.

Northern Territory

Liquor Act (NT)

It’s illegal to supply alcohol to people aged under 18 years in a private home unless it is supplied by:

• a parent, step-parent or guardian
• an adult who has parental rights and responsibilities for the young person.

The supplying adult must supervise the young person responsibly.

Offenders are liable for a fine of up to $13,300.

Queensland

Liquor Act 1992

It’s illegal to supply alcohol to people aged under 18 years in a private home unless it is supplied by:

• a parent, step-parent or guardian
• an adult with parental responsibilities.

The supplying adult must provide responsible supervision of the young person’s consumption.

The penalty for an offence is a fine up to $11,028.

South Australia

Liquor Licensing Act 1997

It’s illegal to provide a person under the age of 18 with alcohol in a private home unless you have permission from their parent or guardian.

The adult who has been given permission to supply alcohol must provide responsible supervision, including:

• direct supervision of the teenager
• the teenager must not be intoxicated
• the supervising adult must not be intoxicated.

A person who contravenes this law can face a maximum penalty of $10,000 or an on-the-spot fine of $500.

Tasmania

Police Offences Act 1935 (Tas)

It’s illegal to supply alcohol to under 18s in a private home unless it is supplied by:

• a parent, step-parent or guardian
• an adult with parental rights and responsibilities
• an adult who has the approval of the young person’s parent or guardian.

Alcohol must be supplied in a responsible manner.

Fines or a jail term may be incurred for breaking this law.

Victoria

Liquor Control Reform Act 1998 (Vic)

It’s illegal to supply alcohol to people aged under 18 in a private home unless parental consent has been given and the authorised adult can demonstrate responsible supervision of the supply.

The adult must be:

• the parent, guardian or spouse of the minor
• an adult who is authorised to supply liquor by the minor’s parent, guardian or spouse.

Penalty exceeds $19,000.

Western Australia

Liquor Legislation Amendment Act 2015 (WA)

It’s illegal to supply alcohol to people aged under 18 in a private home unless the parent or guardian has provided consent.19

The person supplying the alcohol must:

• not be intoxicated, or otherwise unable to act in a responsible manner
• supervise consumption by the young person at all times.

Offenders can be fined up to $10,000 for each underage drinker involved.

For more information about the supply of alcohol to people aged under 18, contact the Legal Aid Commission in your state or territory.

More information

For references, go to the Alcohol and Drug Foundation website.

As a liquor licensee you are responsible for the actions of your employees. When an employee commits particular offences, you are presumed to have participated in the offence. This means that both you (as the licensee) and the staff member may be liable and fined.

For example, if a minor is on the premises, each of the following people may have committed an offence:

• the licensee or permit holder
• the person in control of the premises (if separate from the licensee or permit holder)
• the employee or agent that allowed the minor to enter the premises (if applicable).

The only defences for allowing a non-exempt minor onto licensed premises are if:

• the minor entered without the licensee's knowledge and authority (e.g. they snuck in), and the licensee exercised due diligence to avoid them committing the offence
• or
• the licensee honestly and reasonably believed the person was 18 or older, or sighted acceptable evidence of age indicating the person was 18 years of age or older.

On-the-spot fines

Compliance officers can issue on-the-spot fines under the Liquor Act 1992.

Sections 155–157 of the Liquor Act specifically relate to minors.

Sections 36–38 of the Wine Industry Act 1994 relate to fineable offences regarding minors.

Read a full list of fines and penalties for liquor licensees.

Prosecution

Licensees and staff can be prosecuted and fined up to $14,375 if non-exempt minors are found on licensed premises. Prosecution for supplying alcohol to a minor on licensed premises can result in penalties of up to $35,937 for a licensee or approved manager and $11,500 for a bar attendant or individual.

How to prevent prosecution

The best ways for you and your staff to avoid prosecution is to:

• ensure minors are not on the premises (unless there is an exemption)
• train all new and existing staff
• regularly remind all staff that minors are not generally permitted by law in licensed premises, and that if they knowingly allow a minor to enter, they can be fined
• ensure all management and staff ask for proof of age
• ensure identification (ID) checking and responsible service of alcohol signage is clearly displayed at entry and exit points, and throughout the premises
• document all training and keep records to demonstrate due diligence.

Licence suspension

Under the Liquor Act, a liquor licence will be suspended if, within a 2-year period, 2 convictions are recorded against a licensee for any combination of the following offences:

• section 155(3A) – licensee/manager failing to ensure minor not on premises
• section 156(1) – allowing liquor to be consumed by a minor on licensed premises – licensee/permit holder/manager
• section 156(2) – supplying liquor to a minor in a public place.

In this case, the licence that relates to the premises on or from which the latest of the offences was committed (if it is still held by or under the control of the licence holder), is suspended.

Most expensive drink campaign

The Office of Liquor and Gaming Regulation (OLGR) encourages licensees to actively support the 'Most expensive drink' alcohol harm minimisation campaign. This campaign aims to educate adults about irresponsibly supplying alcohol to under 18s. The Most expensive drink sign and LCD screen images are available for you to download and use in your bottle shop and licensed venue.

Read consumer information about irresponsibly supplying alcohol to under 18s.

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