Banning liquor products
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Section 38A of the
Liquor Licensing Act 1990 allows the Minister to ban a liquor product or a class of liquor
products by prohibiting their sale if the Minister believes it is in the public interest to do so. Currently no
liquor products have been declared undesirable.
To ban a product, the Minister declares it to be an undesirable liquor product and publishes a notice in
the Gazette and in a local newspaper.
If a person sells an undesirable liquor product they may be fined up
to 50 penalty units. The licensee or permit holder is also guilty and may be fined up to 100 penalty units.
Refer Penalty units for additional information.
What makes a liquor product undesirable
Any of the following things may cause a product to be considered undesirable:
- The name, packaging or design:
- is likely to be attractive to minors;
- is indecent or offensive; and/or
- encourages irresponsible, rapid or
excessive consumption.
- The product:
- is likely to be confused with soft drinks or confectionary; and/or
- has special appeal to minors
It is otherwise in the public interest to ban it.