What is the penalty for buying or attempting to buy alcohol for someone under the age of 21?

Alcohol laws help to reduce the harmful effects of alcohol on individuals, families and communities. Some laws, such as the legal drinking age, are the same across Australia. Other laws, such as where you can drink, are different in each state and territory.

Alcohol laws vary in each state and territory in Australia. In Western Australia, the alcohol laws are governed by the Liquor Control Act 1988.

Secondary supply laws

On 20 November 2015, new laws came into effect regarding the secondary supply of alcohol. Under this law it is an offence for anyone to supply under 18s with alcohol in a private setting without parental or guardian permission. This offence carries a maximum penalty of $10,000.

Alcohol can increase the risk of injury, mental health problems, and cause permanent damage to young peoples' developing brain. For these reasons, the National Health Guidelines state children and people under 18 years of age should not drink alcohol. 

Parents not wanting their children to drink alcohol are now supported in the liquor laws as secondary supply law means it is illegal to give alcohol to another person's child, on a private premises, without parental permission.

For detailed information on secondary supply, please refer to these FAQs or visit the Department of Racing, Gaming and Liquor website.

Frequently asked questions

Is it against the law for a 17 year old to supply alcohol to another 17 year old?

Yes. Regardless of the age of the person supplying alcohol, it is against the law to supply alcohol to a person under the age of 18 years without the permission of a parent or guardian.1 

Can an 18 year old supply alcohol to a 17 year old friend?

No. Only parents or guardians can give permission for others to supply alcohol to their child. Supplying alcohol to a young person under the age of 18 without parental permission carries a $10,000 penalty.2

Can a 17 year olds parent give permission for an 18 year old friend to supply alcohol to the 17 year old?

Yes, provided permission is given by the 17 year olds parent or guardian.

If permission is given, the law requires the person supplying the alcohol to comply with responsible service requirements at all times. This includes:

• Not supplying alcohol if the person supplying the alcohol is drunk.
• Not supplying alcohol to the 17 year old if they are drunk.
• Supervising the consumption of alcohol by the 17 year old at all times.
• Not supplying alcohol to the 17 year old if, at the time the permission was given, the parent or guardian was drunk.

If I am an 18 year old adult, can I give permission for my friend to be supplied alcohol?

No. Only parents or guardians can give permission for others to supply alcohol to their child. Supplying alcohol to a young person under the age of 18 without parental permission carries a maximum $10,000 penalty. 4

I am hosting a gathering for my 17 year old daughter and her friends. One of my daughter’s friends told me her mother had given her permission to drink alcohol. Is it okay for me to give her a drink at my house?

No. You must obtain permission directly from your daughter's friend's parent or guardian.5 This is preferable to be in writing, but if not, you must be satisfied the person you have spoken with is the juvenile's parent or guardian and they are not drunk when they give their consent. Without permission, you are liable for a penalty of up to $10,000.

The law now requires that if you are supplying alcohol to a person under 18 years old in your home you must observe responsible supervision practices at all times.6 This includes making sure these young people don't get drunk (or you do not get drunk yourself) and that you are able to supervise their consumption of alcohol at all times.

If I am 18 years old, can I take alcohol in my car if I have 17 year old passengers?

Yes, provided the alcohol is not opened.

In the case of Leavers, it is possible your car may be searched by Police if you are driving to your leavers destination. If Police suspect the alcohol in your car is intended to be consumed by someone under the age of 18 years, they can confiscate the alcohol and you are liable for a $2,000 fine.

What happens if I get caught attempting to buy alcohol when I am underage, or with a fake ID?

If you are under the age of 18, it is illegal for you to purchase, or attempt to purchase alcohol.7 The service of alcohol can be refused if you are asked to provide ID and you can not or do not.

To buy alcohol, you must show identification that proves you are 18 years or older.

There are only three acceptable forms of photo ID (Section 126(2) Liquor Control Act 1988):

• current Australian Driver's Licence with photograph
• current passport
• current Western Australian Proof of age card

It is against the law to make a false statement, using fake or misleading identification regarding your age. The maximum penalty is $10,000 and the alcohol purchased can be confiscated or destroyed by Police.

Asking someone over the age of 18 to buy alcohol for you is also against the law. The maximum penalty for you and the person intending to buy you alcohol is $10,000.

Alcohol laws – licensed premises and public places

The laws are different in each State or Territory regarding alcohol use by people under the age of 18. According to the Liquor Control Act 1988 in Western Australia:

1

Liquor Control Act 1988,123(1) S122A p. 223

Liquor Control Act 1988,121(1) S122A p. 223

Liquor Control Act 1988,121(1) S122A p. 223

Liquor Control Act 1988,119(1) p. 226

Liquor Control Act 1988,119(1) S.121 p. 217

Liquor Control Act 1988,119(1) S.121 p. 219

Liquor Control Act 1988,119(1) p. 226

Liquor Control Act 1988,119(1) p. 222

Liquor Control Act 1988,119(1) p. 225

Liquor Control Act 1988,119(1) p. 213

Liquor Control Act 1988,119(1) p. 226

As a liquor licensee you are responsible for the actions of your employees. When an employee commits particular offences, you are presumed to have participated in the offence. This means that both you (as the licensee) and the staff member may be liable and fined.

For example, if a minor is on the premises, each of the following people may have committed an offence:

• the licensee or permit holder
• the person in control of the premises (if separate from the licensee or permit holder)
• the employee or agent that allowed the minor to enter the premises (if applicable).

The only defences for allowing a non-exempt minor onto licensed premises are if:

• the minor entered without the licensee's knowledge and authority (e.g. they snuck in), and the licensee exercised due diligence to avoid them committing the offence
• or
• the licensee honestly and reasonably believed the person was 18 or older, or sighted acceptable evidence of age indicating the person was 18 years of age or older.

On-the-spot fines

Compliance officers can issue on-the-spot fines under the Liquor Act 1992.

Sections 155–157 of the Liquor Act specifically relate to minors.

Sections 36–38 of the Wine Industry Act 1994 relate to fineable offences regarding minors.

Read a full list of fines and penalties for liquor licensees.

Prosecution

Licensees and staff can be prosecuted and fined up to $14,375 if non-exempt minors are found on licensed premises. Prosecution for supplying alcohol to a minor on licensed premises can result in penalties of up to $35,937 for a licensee or approved manager and $11,500 for a bar attendant or individual.

How to prevent prosecution

The best ways for you and your staff to avoid prosecution is to:

• ensure minors are not on the premises (unless there is an exemption)
• train all new and existing staff
• regularly remind all staff that minors are not generally permitted by law in licensed premises, and that if they knowingly allow a minor to enter, they can be fined
• ensure all management and staff ask for proof of age
• ensure identification (ID) checking and responsible service of alcohol signage is clearly displayed at entry and exit points, and throughout the premises
• document all training and keep records to demonstrate due diligence.

Licence suspension

Under the Liquor Act, a liquor licence will be suspended if, within a 2-year period, 2 convictions are recorded against a licensee for any combination of the following offences:

• section 155(3A) – licensee/manager failing to ensure minor not on premises
• section 156(1) – allowing liquor to be consumed by a minor on licensed premises – licensee/permit holder/manager
• section 156(2) – supplying liquor to a minor in a public place.

In this case, the licence that relates to the premises on or from which the latest of the offences was committed (if it is still held by or under the control of the licence holder), is suspended.

Most expensive drink campaign

The Office of Liquor and Gaming Regulation (OLGR) encourages licensees to actively support the 'Most expensive drink' alcohol harm minimisation campaign. This campaign aims to educate adults about irresponsibly supplying alcohol to under 18s. The Most expensive drink sign and LCD screen images are available for you to download and use in your bottle shop and licensed venue.

Read consumer information about irresponsibly supplying alcohol to under 18s.

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