What is the maximum penalty for selling alcohol to minors

Alcohol laws vary in each state and territory in Australia. In Western Australia, the alcohol laws are governed by the Liquor Control Act 1988.

Secondary supply laws

On 20 November 2015, new laws came into effect regarding the secondary supply of alcohol. Under this law it is an offence for anyone to supply under 18s with alcohol in a private setting without parental or guardian permission. This offence carries a maximum penalty of $10,000.

Alcohol can increase the risk of injury, mental health problems, and cause permanent damage to young peoples' developing brain. For these reasons, the National Health Guidelines state children and people under 18 years of age should not drink alcohol. 

Parents not wanting their children to drink alcohol are now supported in the liquor laws as secondary supply law means it is illegal to give alcohol to another person's child, on a private premises, without parental permission.

For detailed information on secondary supply, please refer to these FAQs or visit the Department of Racing, Gaming and Liquor website.

Frequently asked questions

Is it against the law for a 17 year old to supply alcohol to another 17 year old?

Yes. Regardless of the age of the person supplying alcohol, it is against the law to supply alcohol to a person under the age of 18 years without the permission of a parent or guardian.1 

Can an 18 year old supply alcohol to a 17 year old friend?

No. Only parents or guardians can give permission for others to supply alcohol to their child. Supplying alcohol to a young person under the age of 18 without parental permission carries a $10,000 penalty.2

Can a 17 year olds parent give permission for an 18 year old friend to supply alcohol to the 17 year old?

Yes, provided permission is given by the 17 year olds parent or guardian.

If permission is given, the law requires the person supplying the alcohol to comply with responsible service requirements at all times. This includes:

• Not supplying alcohol if the person supplying the alcohol is drunk.
• Not supplying alcohol to the 17 year old if they are drunk.
• Supervising the consumption of alcohol by the 17 year old at all times.
• Not supplying alcohol to the 17 year old if, at the time the permission was given, the parent or guardian was drunk.

If I am an 18 year old adult, can I give permission for my friend to be supplied alcohol?

No. Only parents or guardians can give permission for others to supply alcohol to their child. Supplying alcohol to a young person under the age of 18 without parental permission carries a maximum $10,000 penalty. 4

I am hosting a gathering for my 17 year old daughter and her friends. One of my daughter’s friends told me her mother had given her permission to drink alcohol. Is it okay for me to give her a drink at my house?

No. You must obtain permission directly from your daughter's friend's parent or guardian.5 This is preferable to be in writing, but if not, you must be satisfied the person you have spoken with is the juvenile's parent or guardian and they are not drunk when they give their consent. Without permission, you are liable for a penalty of up to $10,000.

The law now requires that if you are supplying alcohol to a person under 18 years old in your home you must observe responsible supervision practices at all times.6 This includes making sure these young people don't get drunk (or you do not get drunk yourself) and that you are able to supervise their consumption of alcohol at all times.

If I am 18 years old, can I take alcohol in my car if I have 17 year old passengers?

Yes, provided the alcohol is not opened.

In the case of Leavers, it is possible your car may be searched by Police if you are driving to your leavers destination. If Police suspect the alcohol in your car is intended to be consumed by someone under the age of 18 years, they can confiscate the alcohol and you are liable for a $2,000 fine.

What happens if I get caught attempting to buy alcohol when I am underage, or with a fake ID?

If you are under the age of 18, it is illegal for you to purchase, or attempt to purchase alcohol.7 The service of alcohol can be refused if you are asked to provide ID and you can not or do not.

To buy alcohol, you must show identification that proves you are 18 years or older.

There are only three acceptable forms of photo ID (Section 126(2) Liquor Control Act 1988):

• current Australian Driver's Licence with photograph
• current passport
• current Western Australian Proof of age card

It is against the law to make a false statement, using fake or misleading identification regarding your age. The maximum penalty is $10,000 and the alcohol purchased can be confiscated or destroyed by Police.

Asking someone over the age of 18 to buy alcohol for you is also against the law. The maximum penalty for you and the person intending to buy you alcohol is $10,000.

Alcohol laws – licensed premises and public places

The laws are different in each State or Territory regarding alcohol use by people under the age of 18. According to the Liquor Control Act 1988 in Western Australia:

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Liquor Control Act 1988,123(1) S122A p. 223

Liquor Control Act 1988,121(1) S122A p. 223

Liquor Control Act 1988,121(1) S122A p. 223

Liquor Control Act 1988,119(1) p. 226

Liquor Control Act 1988,119(1) S.121 p. 217

Liquor Control Act 1988,119(1) S.121 p. 219

Liquor Control Act 1988,119(1) p. 226

Liquor Control Act 1988,119(1) p. 222

Liquor Control Act 1988,119(1) p. 225

Liquor Control Act 1988,119(1) p. 213

Liquor Control Act 1988,119(1) p. 226

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Under the Liquor Act 1992 it is illegal to supply anyone under 18 years old with alcohol at a private place (such as the family home) if you're not:

• the ‘responsible adult’
  and
• providing ‘responsible supervision’ of their consumption.

What are you really buying them?

In 2019 the Queensland Government launched the 'What are you really buying them?' campaign, which aims to encourage parents, step-parents, guardians and friends of under 18s to think before supplying them with alcohol.

This campaign is in licensed venues and take-away liquor outlets across Queensland. Read more about the What are you really buying them? campaign.

Research shows that up to 1 in 5 under 18s are victims of alcohol-related incidents, including sexual assault, and are at physical risk from risky behaviour and violence. They could also be fined for possessing alcohol.

Under 18s who are supplied alcohol could fall victim to one of these scenarios. The campaign also invites minors to view risky behaviours as a deterrent to consuming alcohol.

Penalties for irresponsibly supplying alcohol to a person under 18 at a private place

You could face court and be fined up to $11,500 for supplying alcohol to an under 18 year old while at a private place, if you're not their responsible adult and providing responsible supervision.

Definition of a ‘responsible adult’

A 'responsible adult' is a parent, step-parent or guardian, or an adult who has parental rights and responsibilities for the under 18 year olds.

Definition of ‘responsible supervision’

Under the law, a number of factors are considered in deciding whether alcohol is being supplied under ‘responsible supervision’. These include:

• the age of the under-age person
• whether the adult is unduly intoxicated
• if the under-age person is unduly intoxicated
• whether the under-age person is eating food while drinking alcohol
• if the adult is responsibly supervising the under-age person’s alcohol intake
• the volume of alcohol being supplied and the period it is supplied over.

Definition of ‘unduly intoxicated'

A person may be taken to be 'unduly intoxicated' if:

• their speech, balance, coordination or behaviour is noticeably affected and
• there are reasonable grounds for believing the affected speech, balance, coordination or behaviour is the result of the consumption of liquor, drugs or another intoxicating substance.

For more information about supplying alcohol to under 18s contact the Office of Liquor and Gaming Regulation.

Last updated: 1 July 2022

• drinking in a public place
• underage drinking (including secondary supply )
• liquor licensing
• drink driving.

You are breaking the law anywhere in Australia if you drink and drive with a blood alcohol concentration (BAC) over 0.05.

Public drunkenness

Under Victoria’s Summary Offences Act 1966 , there are a few ways you can get in trouble with the law while drinking alcohol in a public place.

If you’re drunk in a public place , there are 3 offences you can be arrested and charged with. Police may also place you in custody until you are sober.

If you’re convicted of one of these offences, the following penalties apply:

These are:

A penalty unit is how a fine is calculated. The amount of one penalty unit is indexed and increases each year on 1 July. Currently, one penalty unit is over $180. Victoria Legal Aid has more information about current penalty unit rates . However, this offense is set to be decriminalised in Victoria in 2023 .

Violence trouble spots

Under the Liquor Control Reform Act 1998 , certain areas shown to have a greater tendency for alcohol related violence and antisocial behaviour can be classified as ‘designated areas ’. This determination is made by the Victorian Liquor Commission (VLC) in consultation with the Chief Commissioner of Police.

Once an area has been ‘designated’ Victoria Police has the power to ban people from that area for up to 72 hours for various offences (including drunkenness, physical assault, destroying or damaging property and failure to leave licensed premises. Repeat offenders can be banned for up to 12 months.

Barring problem customers from licensed premises

There are 3 ways problem customers can be barred or banned from licensed premises:

• General powers to refuse entry – every licensee can refuse entry or ask a person to leave (as long as this refusal is non-discriminatory)
• Ban entry under a liquor accord – licensees can join or sign a ‘liquor accord agreement’ to ban troublesome people.
• Issue a Barring Order Victoria Police, licensees or ‘responsible persons’ can issue an order that is enforced by Victoria Police.

Barring orders

When someone is served with a Barring Order, they must leave the venue and its vicinity (the area within 20 metres of the venue). They cannot return until the Barring Order expires.

If you do not comply with the requirements of a Barring Order, police may issue an on-the-spot fine.

Barring can be for up to 1 month (for a first order). If you’ve been barred more than once, you can be barred for up to 6 months.

Victoria’s laws for underage drinking

The legal drinking age in Victoria is 18. If you’re under 18, there are several ways you can get in trouble with the law if you buy or drink alcohol.

Buying alcohol

If you’re under 18, you’re not allowed to buy alcohol, even if you’re buying it for an adult (someone over the age of 18).
If you’re an adult who supplies alcohol for someone who is under 18, this is known as secondary supply .

If you’re under 18 and you ask someone over 18 to buy alcohol for you they can get fined. Secondary supply is completely prohibited in a licensed venue. In a private residence, alcohol can be supplied by a parent or guardian of the minor, or by a responsible adult who has explicit permission from the parent or guardian.

These laws and penalties also apply to online alcohol orders and deliveries.

Places that are licenced to supply alcohol and delivery companies need to check identification (IDs) and make sure they do not give alcohol to anyone who is already intoxicated.

Going to a pub, bar or other licensed premises

If you are under 18, you are not allowed to be in a licensed place (such as a bar or pub) where alcohol is served unless you are:

• with a responsible adult
• having a meal
• a resident of the licensed place
• employed by the licensed venue but not involved in the supply of alcohol
• completing an approved training program in hospitality.

You, the person who is serving you, and the owner of the licensed place, can be fined if you’re caught and do not satisfy one or more of the above categories.

A liquor licensee can receive hefty fines (in the thousands) for selling alcohol to a minor (anyone under 18).

Proof of age

You may be asked for proof of age in a licensed place or when ordering alcohol online.

People selling alcohol in licensed places can be fined if they serve alcohol to someone who is under the legal drinking age (under 18).

It’s an offence to give a false name and address, or to refuse to show proof of age, and you can be fined.

A driver’s licence is the best proof of age , but if you don’t have one, you can get a proof of age card which is recognised across Australia. Application forms are available at some VicRoads and Australia Post offices and the Victorian Liquor Commission.

Underage drinking in private homes

The Liquor Control Reform Act requires adults supplying alcohol to anyone under 18 in their home to demonstrate responsible supervision of the supply of liquor. The following laws apply:

• parents or guardians may allow their children (under 18) to drink in their own home;
• you cannot supply alcohol to any other children (under 18) in your home without consent from their parent or guardian. Hefty fines apply.

If you are organising a party or social event for anyone under 18 you need to get written consent from their parents or guardians.

Authorities consider certain factors to determine whether responsible supervision has been demonstrated. This includes:

• age of the young person and whether they are intoxicated (drunk)
• whether the adult supplying the liquor is intoxicated
• whether the young person consumes food with the alcohol
• whether the adult who supplies the alcohol provides adequate supervision of the young person who is drinking
• the quantity and type of alcohol supplied
• how long the alcohol is supplied.

Penalties for underage drinking

Penalties are in place to help minimise the risks of drinking for anyone under 18. One penalty unit is nearly $190 – the maximum is 60 penalty units.

The following penalties apply in Victoria:

Victoria’s liquor licensing laws

Every state and territory has liquor licensing laws. Liquor licences regulate:

• who supplies alcohol
• who it can be supplied to
• when it can supplied or consumed
• where it can be supplied or consumed
• how it is supplied.

In Victoria, the Liquor Control Reform Act 1998 controls the sale and supply of alcohol. One of its objectives is to minimise alcohol-related harm.

The VLC administers Victoria’s liquor licensing laws . It’s an independent statutory authority responsible for:

• administering liquor licences
• undertaking disciplinary action where necessary
• promoting awareness of and voluntary compliance with the State’s liquor laws.

Generally, anyone who intends to sell or provide liquor in Victoria must have a liquor licence from the VCGLR. However, there are a number of exemptions for smaller businesses whose primary service is not liquor-related.

People in the community have the right to object to an application for a liquor licence. See here for more info: VIC - Liquor Licensing | Community Hub (adf.org.au)

Breaches of a liquor licence carry penalties. Details can be found in the VCGLR’s Liquor fact sheets .

Drink driving laws in Victoria

Alcohol is a major factor in road deaths in Victoria.

According to the Transport Accident Commission around 1 in 5 drivers and riders killed each year in Victoria had a blood alcohol concentration (BAC) over the legal limit of 0.05.

Blood alcohol concentration (BAC) limit

The legal blood alcohol concentration (BAC) limit for fully licensed drivers in Victoria, and all other states and territories, is 0.05.

In Victoria, you must have a zero (0.00) BAC if you are:

• on a learner permit (L plates)
• on a probationary licence (P1 or P2 plates)
• a bus or taxi driver
• drive a truck over 4.5 tonnes GVM
• a restricted motorcycle rider (shown as an ‘E’ condition)
• a driver who has been relicensed after a drink-driving or drug-driving cancellation
• a driving instructor.

Factors that influence blood alcohol concentration (BAC)

The only way to accurately measure your BAC is by using a fully calibrated testing machine.

A lot of factors can influence your BAC. These include:

• the amount and type of alcohol consumed
• the rate of drinking and time since the last drink
• the amount of alcohol remaining in the stomach
• other foods or liquids in the stomach
• the amount of alcohol already metabolised by the liver
• your general health
• the condition of your liver
• your metabolic rate
• physical factors (such as body size and lean tissue to body fat ratio)
• volume of water in body tissues – can be affected by things such as medication, illness and your menstrual cycle.

As everyone’s BAC can be different, the only way to be sure is to not drink alcohol if you are going to drive.

Breath testing

Victoria Police carries out extensive roadside breath testing , screening millions of drivers for the presence of alcohol each year.

The procedure is straightforward. The driver is instructed to blow into a hand-held device until deep lung air is exhaled. The BAC reading is given on the digital display.

Refusing a breath test is a serious offence with severe penalties. A driver who does not cooperate is likely to be fined and disqualified from driving.

Drink driving penalties in Victoria

In Victoria, the penalties for drink driving depend on factors such as:

• your BAC level
• type of offence and when it happened
• your age
• driver’s licence or permit held
• whether you have prior drink-driving offences.

If you are convicted of drink driving in Victoria you may:

It is also an offence to drink alcohol while driving a car, or while sitting beside someone who is learning to drive, even if there is no alcohol detected in the driver's blood or breath.

Significant penalties also apply in Victoria to drivers who are caught driving with a combination of illicit drugs in their system and a blood or BAC reading over the legal limit.

Where to get help

• Australian guidelines to reduce health risks from drinking alcohol , 2019, National Health and Medical Research Council.
• Alcohol , 2020, Alcohol and Drug Foundation.
• Alcohol , Department of Health, Australian Government.
• Alcohol and other drugs , VicRoads, Victorian Government. 
• Public drunkenness , Victoria Legal Aid, Victorian Government
• Barring powers – liquor licensing fact sheet , Victorian Liquor Commission

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This page has been produced in consultation with and approved by:

This page has been produced in consultation with and approved by:

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