From December 2020, the Summary Offences Act 1953 (SA) and Summary Offences Regulations 2016 (SA) set out a number of new criminal offences relating to the transportation and sale of liquor to dry communities.

The amendments (Part 3B Liquor offences) set out new offences and regulations (Part 2A Liquor offences) to give additional powers to police to try to reduce the unlawful sale and supply of liquor in dry communities. Dry communities are designated areas where the possession and consumption of liquor is generally prohibited.

Section 21OA of the Summary Offences Act 1953 (SA) defines sale as:

A prescribed area includes:

A designated area means an area of land designated by the Minister under section 21OD of the Act. The following areas of land have been declared by the Minister as at 5 November 2020:

The prescribed amounts of liquor under sections 21OB(1)(6) and 21OC(2) of the Act are:

If a person is charged with an offence under Part 3B (Liquor Offences) of the Act, police must prove that the substance being supplied, sold or transported was liquor.

The question of whether a substance is liquor can be proven by:

Unless other evidence is provided to show that the substance is not liquor, the above evidence will be considered sufficient to prove that the substance was liquor.

Possession, transportation of liquor for sale

It is an offence for a person to:

(a) have possession of liquor for the purpose of sale; or

(b) transport liquor for the purpose of sale; or

(c) transport liquor, for the purpose of sale, to a place other than a place at or on which liquor may lawfully be sold.

[see s 21OB(1)]

It is also an offence for a person to possess or transport liquor for the purpose of sale in contravention of section 21OB(1) on behalf of another person [s 21OB(2)].

It is not an offence if the possession or transportation of liquor is for the purpose of a lawful sale [s 21OB(5)]. It is presumed (in the absence of proof to the contrary) that the liquor was possessed or transported for the purposes of sale if the amount of liquor exceeds the prescribed amount in the regulations.

If liquor is possessed or transported by a person in contravention of s 21OB(1) of the Act (the first person) it is also an offence for another person to derive a direct or indirect commercial benefit from the unlawful sale of the liquor (if the sale were to occur) and who knew (or ought to have reasonably known) that the first person was in possession of or transporting the liquor for the purpose of sale in contravention of the Act [s21OB(3)].

A defence exists if it can be proven that they believed on reasonable grounds that the liquor was possessed or transported by the first person for the purpose of a lawful sale [s 21OB(5)].

Maximum Penalty:

For a first offence: a fine of up to $20 000

For a subsequent offence: a fine of up to $40 000.

Supply etc of liquor in certain areas

It is an offence for a first person to supply liquor to another person (a third person) if the third person is in a prescribed area [s 21OC(1)(a)].

It is an offence to transport liquor (or possess liquor) with the intention of supplying any of it, or believing that another person intends to supply any of it, to the third person in a prescribed area [s 21OC(1)].

It is presumed (in the absence of proof to the contrary) that the liquor was possessed or transported for the purposes of sale to a third person in a designated area, if the amount of liquor exceeds the prescribed amount in the regulations [s 21OC(2)].

However, a person will not be guilty of an offence under section 21OC(1) if one or more of the following circumstances apply:

[see s 21OC(1a)]

Maximum Penalty:

For a first offence: a fine of up to $20 000

For a subsequent offence: a fine of up to $40 000.