Page 1957 - Week 07 - Wednesday, 15 June 1994

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The Liquor Act makes it an offence for a person under 18 years of age, referred to in the Act as a "young person", to enter a bar room or licensed premises except in the care of a responsible adult. It is a further offence for a young person to consume liquor on premises where the sale of liquor is authorised. Both offences carry a penalty of $500. It is also an offence under the Liquor Act to sell or supply liquor to a person under 18 years on premises where the sale or supply of liquor is authorised. This offence is subject to a fine of $2,000 and can lead to the loss of licence. In recognition of the difficulties facing the licensee, the Act recognises a number of defences, including that the young person was not less than 16 years of age, that the licensee took reasonable precautions to determine the young person's age, and that the licensee had reasonable grounds for believing that the young person was at least 18 years old.

Mr Deputy Speaker, the Liquor Act defines the community's expectations about the sale of liquor in the Territory. The Act effectively gives to adults, in most cases, the right to consume alcohol on licensed premises. It also imposes on licensees an obligation to ensure that patrons are at least 18 years old. A pubcard is a sensible way for younger adults to demonstrate their rights, as well as an easy way for licensees to discharge their obligations. All members recognise, I am sure, the different rates at which young people mature. Some mature early and may well appear to be adults while still at school. Others mature more slowly and may well seem to be of younger years when well into their twenties. The rights of those appearing younger than their years will be protected if they have a pubcard, while the obligation of the licensee will remain in the case of those appearing to be more mature.

There is a legitimate concern about the need to introduce yet another form of personal identification. It is worth reminding the Assembly that we all seem to acquire more forms of identification as we grow older. It is not unusual, for example, to find high school and college students with no means of identification. Many younger adults do not drive a vehicle and so have no drivers licence. Passports are not commonly found among young people and are cumbersome to carry around on a day-to-day basis. Most people keep their birth certificate at home, and the lack of pictorial identification can make them of marginal use anyway. It is clear that a further, simple form of identification, such as the pubcard, will make life easier for patron and licensee.

Mr Deputy Speaker, during the select committee's investigation it visited seven of the ACT's secondary colleges. The issue of the proof of age card was raised at every college that was visited. The vast majority of students welcomed the idea and thought a reasonable charge for the card could be up to $10. The students most opposed to the pubcard, not surprisingly, were those in Year 11, that is, the under 18-year-olds. Many students also expressed frustration at having the legitimate forms of identification that they did have challenged or even disbelieved. They saw a proof of age card as a much more convenient and cheaper way of proving their age than a passport or birth certificate.


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