Right: Thomas Kelly, who died from the effects of a single punch in 2012. His parents were among the first to comment favourably on the new NSW laws.
Background information New alcohol- and drug-related laws and regulations for New South Wales 1. One-punch law A new offence for 'one punch' assaults, with a 20-year maximum sentence for causing death. Where the offender was intoxicated by alcohol or drugs, a minimum mandatory sentence of eight years and a maximum sentence of 25 years applies. 2. Mandatory minimum sentences Mandatory minimums introduced for serious assaults where drugs and alcohol are involved; existing maximum sentences increased by two years. There will be eight year mandatory minimum sentences for those convicted under new one punch laws where the offender is intoxicated by drugs and/or alcohol, plus new mandatory minimum sentences for violent assaults where intoxicated by drugs and/or alcohol. 3. Sentencing Voluntary intoxication removed as a mitigating factor in sentencing. 4. Drug and alcohol testing Police empowered to test assault suspects for drugs and alcohol. 5. New Sydney precinct A new Sydney CBD precinct declared with special licence conditions imposed on venues by regulation. 6. Lockouts and last drinks Venues within the precinct will not be allowed to admit patrons after 1.30am, or to serve drinks after 3am (excluding small bars with fewer than 60 patrons, restaurants and tourist accommodation). 7. Public transport Free buses every 10 minutes from Kings Cross to the CBD on Friday and Saturday nights. 8. Licensing freeze No new liquor licences to be issued for venues within the precinct (excluding small bars, restaurants and tourist accommodation). 9. Precinct bans Police given power to ban people from the precinct or part of it. 10. Licensing fees New licensing scheme with higher fees for venues deemed 'higher risk'. 11. Earlier closing times for bottle shops Bottle shops and liquor stores across the state will be required to close no later than 10pm. 12. Increased fines On-the-spot fines issued by Police for anti-social behaviour will be increased. 13. Steroid penalties Maximum sentence for the illegal supply and possession of steroids increased from two years to 25 years. 14. Responsible Service of Alcohol Online RSA courses suspended pending changes. 15. Minors Police will be allowed to mount covert controlled operations to enforce laws on sale of alcohol to minors' 16. Advertising A 'road safety style' social media and advertising campaign will be launched. Alcohol laws in Australia The retail sale of alcohol in Australia requires that a license be obtained from the liquor licensing authority of the State or Territory in which the sale takes place. It also regulates the location of outlets through planning laws, and other restrictions. Local government may have an input into these outcomes. The Federal government controls the importation of alcohol beverages into Australia, and has a strong impact on the market for liquor through the imposition of excise taxes on the manufacture of liquor within Australia and importation into Australia. It also controls advertising of alcoholic beverages on television. It is illegal for a person under 18 years to buy, drink or possess alcohol on licensed premises except in the company of their guardian (or spouse) when ordering a meal, but some states, such as Victoria and Western Australia, allow drinking or possessing alcohol on private premises for people under 18 years (under the supervision of at least one adult). By 1974, all Australian states and territories had a drinking age of 18 instead of 21. Some states, such as Victoria, permit drinking in vehicles once a full license is obtained. Drivers cannot drive a motor vehicle when they have a blood-alcohol concentration (BAC) level higher than 0.05 when they hold a full driver license. Provisional and learner drivers must not drive with any detectable blood-alcohol present. (see Driver's licence in Australia) Commercial drivers have a limit of 0.02 whilst working. In May 2008, three submissions to the Senate Community Affairs Committee Inquiry into Ready-to-drink alcohol beverages recommended that the drinking age be raised to 21, with Drug Awareness suggesting that after 21 "the brain is better protected from this toxin". Many towns and communities ban outdoor consumption of alcohol. Dry zones are often established by local councils after certain areas, such as local city parks, become favourite locations for problem drinking, violence, and anti-social behaviour. Some local councils further restrict consuming alcohol in outdoor public areas, such as local streets, footpaths, and hiking trails. Dry zones in South Australia are found at Glenelg, Adelaide city centre, and Port Augusta. |