This is a concept website · Enquire about this domain

mobilebar.com.au
Card 3 of 5 · ID

Checking ID at the bar: what counts, and the defences

New South Wales, Victoria and Queensland each define the documents that count as evidence of age, and each gives the person charged a defence built on a document of that kind. The defences are not the same: the New South Wales one is limited by the person’s age and by which offence is charged, Victoria’s turns on having seen the document, and Queensland’s on having sighted it or on an honest and reasonable belief that the person was 18 or over, with not asking counted as evidence that the belief was not reasonable.

General information about the law in NSW, Victoria and Queensland, not legal advice. The official text to check is each state’s liquor Act, linked at the foot of this page.

What counts as evidence of age

NSWLiquor Act 2007, s 4

An “evidence of age document” must bear a photograph of the person and show, by date of birth or otherwise, that they have reached a particular age, and it does not include a document “that has expired or otherwise appears not to be in force”. The documents the definition lists include:

  • a driver or rider’s licence or permit from Transport for NSW, from the matching public authority in another state or territory, or issued under another country’s law
  • “a digital driver licence within the meaning of the Road Transport Act 2013”
  • a Photo Card issued under the Photo Card Act 2005, and a digital Photo Card
  • a proof of age card issued by a Commonwealth public authority, or by one in another state or territory, to attest to a person’s identity and age
  • “an Australian or foreign passport”
  • any other class of document prescribed by the regulations

VICLiquor Control Reform Act 1998, s 3(1)

An evidence of age document is one of these:

  • a proof of age card, or its equivalent from another state or a territory
  • a driver licence, or its equivalent from another state or a territory
  • an Australian or foreign passport
  • a document approved by the Minister, issued by a person or on behalf of a government department or agency, that carries the holder’s photograph and lets their age be worked out

QLDLiquor Act 1992, s 6

Acceptable evidence of age is a document issued to the person that is current, “bears a photo of the person”, shows their age by date of birth or otherwise, and is one of: a photo identification card; a recognised proof of age card; an Australian driver licence; a foreign driver licence; or an Australian or foreign passport (s 6(1)).

Section 6(1A) adds “a digital authority” that meets the photo and age requirements, “a digital evidence of age”, or “a digital evidence of identity”. A recognised proof of age card “means a document issued to a person, by an authorised entity, for the purpose of evidencing the age of the person” (s 6(2)).

The defences, and how far each reaches

NSWSection 117(3)

“It is a defence to a prosecution for an offence under subsection (1) or (2) if it is proved that” (a) “the person to whom the liquor was sold or supplied was of or above the age of 14 years”, and (b) “before the liquor was sold or supplied to the person the defendant was provided with an evidence of age document that may reasonably be accepted as applying to the person and as proving that the person was of or above the age of 18 years.”

Liquor Act 2007 (NSW) s 117(3)

Three limits are in those words. Both parts must be proved. It answers only s 117(1), selling to a minor, and s 117(2), supplying to a minor on licensed premises. And it does not reach the licensee’s own offence in s 117(8), allowing liquor to be sold or supplied to a minor on licensed premises; the defence s 117 states for that offence is supply by the minor’s parent or guardian (s 117(9)).

VICSection 119(6)

For a prosecution under s 119, the person charged has a defence if they prove that, when the offence is said to have happened, they “had seen an evidence of age document” of the person whose age matters to the charge, showing that person to be 18 or over. Because it is a defence to the whole section, it is open to an employee charged under s 119(4) as well as to a licensee or permittee.

QLDSection 230

Section 230(1) applies where a person’s age is material to a charge of an offence against the Liquor Act 1992. It is a defence to prove that, at the time, the defendant, if they were the actual offender, or else their agent or employee, where the defendant is charged only as principal or employer, either:

  • “honestly and reasonably believed that the person whose age is material to the offence had attained 18 years”; or
  • “had sighted acceptable evidence of age of the person whose age is material to the offence that indicated the person had attained 18 years”.

The subsection adds that “the operation of section 24 of the Criminal Code is excluded”. Section 230(2) then bears on the first of those: evidence that the defendant, or the agent or employee, “did not request the person whose age is material to the offence to produce acceptable evidence of age is evidence that any belief that the person had attained 18 was not reasonable”.

The three defences side by side

What each defence asks of the person charged
StateWhat must be shownWhich offences
New South WalesThe person was 14 or over, and an evidence of age document was provided that may reasonably be accepted as theirs and as proving they were 18 or over s 117(1) and (2) only; not s 117(8)
VictoriaThe person charged had seen an evidence of age document showing the person to be 18 or over A prosecution under s 119
QueenslandAn honest and reasonable belief the person was 18, or having sighted acceptable evidence of age showing it; not asking is evidence the belief was not reasonable A charge of an offence against the Act where age is material

Each defence is something the person charged has to prove, and each turns on a document the Act itself defines. The lists above are where a check at the bar begins, in the state where the bar is pouring. The minors card sets out the offences these defences answer.