Alcohol

Alcohol – can I drink it? Can I buy it? What about drinking alcohol in public? What will happen if I use a fake ID?

Drinking Alcohol

You cannot drink alcohol if you are under 18. If you are under 18 and you drink alcohol you could be charged with underage drinking.

In very limited circumstances, drinking under the age of 18 is not illegal. Generally, this is where you are on private property (that is, your own home), and a responsible adult (like your parent) has given you the alcohol and is supervising you.

If you’re over 18, you can drink, but you need to be careful and responsible, and realise that there are also restrictions on where you can drink.

Buying or Supplying Alcohol

You must be over the age of 18 to buy or drink alcohol or you and the provider can be charged or fined.

If you are over the 18 and buy or give alcohol to someone under the age of 18 you can also be charged for supplying alcohol to a minor. If a parent or other adult buys alcohol for anyone under 18 they can also be charged.

If you are under 18 it is also illegal to buy alcohol for someone else – for example, you cannot buy alcohol for your parents.

Drinking on Licensed Premises

Licensed premises are public places that have been given a license by the government to sell or serve alcohol. These include bottle shops, pubs, bars, clubs, and some restaurants (called licensed restaurants).

If you are under 18, it is against the law for you to drink, get, or be given alcohol on licensed premises. It doesn’t matter if you are with your parent or guardian.

What if you use a Fake ID?

You can use a proof of age card, your drivers licence or your passport as your identification (“ID”) to prove your age. If you don’t show ID when you are asked, or if you use a fake ID, you are breaking the law.

The term fake ID may refer to ID that doesn’t belong to you but is the ID of another person (such as your friend or your sister), as well as ID that has been altered or made illegally. It is illegal to make a fake ID, let someone else use your ID, or give false information in order to obtain ID.

Using a fake ID to gain entry to a venue serving alcohol or to purchase alcohol is illegal and can have serious consequences to both you and the venue. You can receive a large fine for using fake ID to gain entry to licensed premises, and you may receive additional charges for alcohol offences (you could face even greater fines if the fake ID you used was someone else’s photo ID). The venue can also be fined a substantial amount for providing alcohol to a minor and could lose their liquor licence.

Drink Spiking

Whatever your age, you should never leave your drink unattended. Drink spiking (with drugs or alcohol) is illegal but does take place. Where possible you should watch your drink being made and never accept an opened drink from anyone you don’t know or trust.

Drinking Alcohol in Public

Most places other than someone’s house are public places. They usually include:

footpaths, roads, parks, beaches
shopping centres
unlicensed restaurants, cafes and dining areas (places that do not sell alcohol)
community centres, halls and churches
theatres, libraries and galleries
public transport (buses, trains, trams, aeroplanes, taxis, ferries)
gyms and sporting facilities, and
hospitals.

It is against the law for you to have alcohol, or drink alcohol, in a public place that is not licensed, regardless of your age. You can only have an open alcoholic drink in public if you are in a licensed venue or permitted area, and if you are over 18.

It’s important to know that if you walk down the street with an open alcohol container such as a can of beer, or you are drinking in a park or any other public space, you could be charged by police.

Differences between states

Northern Territory

In NT, it is illegal for someone under 18 to be provided with alcohol and to purchase alcohol. It is illegal for someone under 18 to drink alcohol in licensed premises (like pubs, bars, reception centres and restaurants), or in public places.

It is illegal to supply alcohol to persons under 18 in a private home unless it is supplied by a parent, step-parent, guardian or an adult who has the parental rights and responsibilities for the child. However, if the person supplying the alcohol does not provide responsible supervision to the child, they can be given a significant fine.

ACT

In the ACT, a young person can drink on private property under limited circumstances. It is an offence for a person to supply alcohol to someone under the age of 18 in a private place (like your home), unless:

the person supplying the alcohol is the parent or guardian of the young person, or has the permission of the parent or guardian of the young person, and
the person supplying the alcohol is responsibly supervising the young person.

ACT Policing actively targets underage drinking. If you are caught, you will be detained and your parents or guardian contacted.

In the ACT, if you are under the age of 18 it is illegal to:

possess or consume alcohol in a public place
buy, possess of drink alcohol on licensed premises
get someone who is over 18 years of age to buy or supply you with alcohol in a licensed premise or a public place (in this case, both you and the person supplying the alcohol have committed an offence), and
drive on a learner or provisional licence under the influence of alcohol. New legislation restricts you to a blood-alcohol concentration limit of zero. You could lose your licence, and have to pay a penalty if you don’t comply with this.

Western Australia

There is no law that says that you cannot drink on private premises when you are under 18 (like your home or a friends house), but it is illegal to supply alcohol to someone under 18 if you don’t have their parent or guardians consent. The parent or guardian giving consent must not be drunk or otherwise unable to act in a responsible manner.

If you are under 18 and get caught buying alcohol (including on licensed premises), you can:

be given a warning or caution
be fined on the spot by the police, or
choose to have the matter decided by a court (which may mean you pay an even larger fine if you are convicted).

It is up to the police to decide whether to give you a warning or a formal caution. If the police decide to fine you, then you can either choose to pay or take the matter to court. The person selling you alcohol can be fined heavily, or even sent to prison. Supplying alcohol to a person under the age of 18 on licensed premises can attract large fines.

NSW

In NSW it is illegal for a person under 18 to obtain, consume or carry liquor away from a licensed premise (like a pub or club). You can be fined if you are caught.

It is also illegal for an adult to buy alcohol for someone under the age of 18, and they can be fined if they get caught.

In a private place (like a family home), only a parent or guardian (or a person authorised by the parent or guardian) can supply alcohol to a person under 18.

In a public place, a person under 18 must not possess or consume any alcohol unless they are under the supervision of a responsible adult, or they have a reasonable excuse for possessing or consuming the alcohol. If a police officer suspects you have alcohol in a public place, they can confiscate the alcohol and fine you.

If you are under the age of 18 years and you use false ID to buy alcohol from a licensed venue, or to get into a licensed venue, you might receive an on-the-spot fine. You could also have six months added to your provisional driver’s licence.

You can be fined for refusing to provide your name, address and date of birth to licensees of the venue, staff, security, police officers or inspector if they suspect you have committed an offence.

Victoria

It is illegal for a person to give alcohol to someone aged under 18 years in a private home unless they have the young person’s parent or guardian’s consent. The adult must responsibly supervise the young person.

If you are under 18 you can go to a pub if you:

go with a responsible person, like your parents, grandparents or a guardian
are eating a meal, and
live or work or are studying hospitality there.

If you get caught in a licensed venue when you are not allowed to be there then you and the person who is serving you, and the owner of the venue can get a fine.

If bar staff think that you look young, they can ask you for ID. You can be fined if you refuse to give your details, or if you give false details.

You can find more information from the Education Department, Victoria Legal Aid, or the Teen Drinking Law website.

South Australia

In South Australia, it is illegal for someone under 18 to be provided with alcohol and to purchase alcohol. It is illegal for someone under 18 to drink alcohol in licensed premises (like pubs, bars, reception centres and restaurants), or in public places.

If you are under 18 and get caught, or if you are over 18 and caught supplying alcohol to someone under 18, the penalty can be a hefty fine. If you are under 18 and ask someone to purchase alcohol for you, both you and the adult can be fined.

It is not illegal for a person under 18 to drink alcohol in a private residence provided there is a responsible adult to supervise them. The responsible adult will have a legal duty of care to those under their supervision and are required to inform other parents if they are providing alcohol to their children. For instance, if a parent agrees to host a teenage party for their son or daughter in their home where some alcohol will be served, they will need to let the other parents know.

Tasmania

In Tasmania, if you are under 18, it is against the law for you to buy alcohol. It is also against the law for anyone to sell you alcohol.

It is generally illegal to supply alcohol to people under 18, unless it is in a private property and the alcohol is supplied by a parent or guardian (or someone who your parent or guardian has told that they can give you alcohol), and that they are supervising you properly.

Supervising you properly means that they need to be aware of how old you are, how much you have had to drink and over what period of time you have been drinking; they need to also be aware that food should be available; and they need to be aware if you get drunk or not.

If you are drinking on private property, and something happens to you because you were not supervised properly, then your parent or guardian can be given a hefty fine or a given a jail term of up to 12 months in situations where the offence is deemed to be more serious.

Queensland

In Queensland, it is illegal to supply alcohol to people aged under 18 years in a private home unless it is supplied by:

a parent, step-parent or guardian, or
an adult with parental responsibilities.

The person supplying the alcohol must also responsibility supervise the young person.

If you are under 18 it is also illegal for you to be on, or to consume alcohol on licensed premises (eg. nightclubs or bars) or possess alcohol or bring alcohol onto licensed premises. Penalties include an on-the-spot fine. Supplying alcohol to a person under the age of 18 on licensed premises can attract large fines as well.

It is an offence in Queensland for people of any age to have an open alcoholic drink in public if they are not in a licensed venue or permitted area, such as on the street, park or beach. Drinking in public can lead to an on-the-spot fine, for both adults and under 18s.