Secondary Supply Laws FAQ’s

Q: What are the changes relating to supplying liquor to a juvenile as a result of the new secondary supply laws?

A: It is now an offence for a person to supply liquor to a juvenile without the consent of the juvenile’s parent or guardian – the penalty is $10,000.

Q: Can liquor be sold/supplied to a juvenile on licensed premises with the consent of a parent/guardian?

A: No.  It has always been an offence to sell or supply liquor to a juvenile on licensed premises, with or without the consent of a parent/guardian.

Q: What was the law before this legislation came into place?

A: It was previously not an offence to supply liquor to juveniles on unlicensed premises without parental/guardian consent.

Q: Why did the law change?

A: Community concern about the supply of liquor to juveniles was a significant driving factor.  The new law empowers the parents of juveniles to take control as to whether their children can or cannot consume liquor.

Q: What happens to an adult who is found to be supplying liquor to a juvenile without parental/guardian consent?

A: The person will be liable for a $10,000 penalty.

Q: What if a 17-year-old attends the 18th birthday party of a friend and the person whose party it is supplies the 17-year-old with alcohol?

A: The 18-year-old will need consent to do so from the 17-year-old’s parent or guardian – failure to obtain consent will make the 18-year-old liable for at $10,000 fine.

Q: How about at the annual Leavers’ Week where an 18-year-old leaver goes to Busselton with her 17-year-old leaver friends and supplies those younger people with alcohol to celebrate leaving school?

A: The 18-year-old will need consent to do so from the 17-year-old’s parent or guardian – failure to obtain consent will make the 18-year-old liable for a $10,000 penalty.

Q: Do other adults need verbal permission from me to give my child alcohol or do they need to have my permission in writing?

A: Permission can be in any format but of course written is the best format. 

Q: I am having a party at home for my son’s 18th birthday and some of the people attending will be under 18 years of age, is it okay for me to give them alcohol if they have a note from one of their parent’s giving permission for them to drink alcohol?

 A: Yes, provided that you are satisfied that the note has been provided by each juvenile’s parent or guardian and not another person (for example a sibling).

Q: I am having a small gathering at my home for my daughter’s 18th birthday, a few of her friends haven’t turned 18 yet; is it okay for me to serve them alcohol if one of their parents rings me and gives their permission over the phone or provides permission by text message?

A: Yes, but again, provided that you are satisfied that the person you have spoken to, or received the text message from, is each juvenile’s parent or guardian.

Q: My son was given alcohol by his 17-year-old friend while visiting his house; doesn’t he need to get my permission before he can do that?

A: Yes. It is an offence for a person to supply alcohol to a juvenile irrespective of the age of the person supplying it. 

Q: My daughter is having her 18th birthday party at home, one of her 17-year-old friends told me that her mother had given her permission to drink alcohol, is it okay for me to give her a drink in my house?

A: No. You must obtain the permission from the parent or guardian.

Q: If I have the permission of a parent to supply alcohol to my son’s friend who is still 17 years old, are there any legal responsibilities that I have to be aware of?

A: The new laws require that if you a supplying alcohol to a juvenile you must observe responsible supervision practices at all times; including making sure juveniles don’t get drunk (or you do not get drunk yourself) and that you are able to supervise the consumption of alcohol at all times.

Q: Is it an offence for me to supply alcohol to a child if their parent was drunk when they gave their consent?

A: Yes, it is an offence if at the time of providing consent, the parent or guardian is drunk.

Q: If I have parental permission to supply alcohol to someone who is under 18 in my home, do I have a responsibility to supervise them while they are drinking?

A: Yes, if you a supplying alcohol to a juvenile you must observe responsible supervision practices at all times; including supervising the consumption of alcohol by juveniles at all times.

Q: The law says if I have the permission of the parent/guardian to supply their child with alcohol in my home that it is an offence to supply the alcohol if I am drunk or if the child is drunk.  What is the definition of drunk that applies here?

A: The same definition provided in section 3A of the Liquor Control Act 1988, that is;

(i) the person’s speech, balance, coordination or behaviour appears to be noticeably impaired; and

(ii) it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor.

Q: I am taking my daughter and a few of her friends out to dinner for her 18th birthday, one girl is not 18 yet; if she has her parent’s permission is it okay for me to give her alcohol to celebrate with everyone else at the restaurant?

A: No, if the restaurant is a licensed premises it is an offence. Also, if the restaurant is unlicensed but allows BYO, then it is considered regulated premises and therefore it is also an offence for a juvenile to be provided or consume liquor.

Q: When I grew up we were allowed to have sips of alcohol at family gatherings, is it okay  for other family members to give my child alcohol at these gatherings without my permission if it’s in a private home?

A: No.

Q: My 17-year-old daughter is going out with an 18-year-old and I don’t want her to drink, how do I make this clear to her boyfriend?

A: In order for the boyfriend to supply your daughter with liquor he needs to have your consent – without this, he will be breaking the law.

Q:  I am having a few friends over to my parents’ house for a few drinks, I am 18 but some of my friends are not 18 yet, is it okay for me to give them alcohol?

A: No, unless you have been given permission by your friends’ parents/guardians.

Q: A group of us are going to Leavers’, a few people are still 17, if I am 18 is it okay for me to give my 17 year old friends’ alcohol?

A: No, unless you have been given permission by your friends’ parents/guardians.

Last updated: 13/11/2015 09:00:05 AM

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