Drinking in Australia is very common. Often it’s very social and enjoyed with friends. However, it can be easily misused and have some serious legal consequences. It is important that you are aware of the different laws on what age and who can buy alcohol, and where you are allowed to drink.
Remember, if you are drinking it is important to be safe, and not to drink under pressure if you are feeling uncomfortable.
For free and confidential legal advice about this topic, please contact us here.
If you are under 18, it is against the law for you to buy alcohol. It is also against the law if you are under 18 for anyone to sell you alcohol.
What if I am under 18 and I am caught buying alcohol anyway?
If you’re under 18 and you’re caught buying alcohol, you can:
All of the penalties are imposed by the police and the police officer gets to decide which is most appropriate.
A warning is for a minor offence and is given “on the spot”.
A caution is a formal warning from the police. It will be in writing and will state your offence (such as buying alcohol). Both you and your parents will receive a copy of the caution, and the police will also keep one on their records. If you receive a caution you won’t be taken to court, however you can only receive one caution within a year. This means that if you commit another offence within a year of receiving a caution, you can be taken to court for a heavy fine and the possibility of a criminal conviction.
Warnings and cautions are not criminal charges. See our Warning and Formal Cautions section for more information.
Do I need to show ID?
If you’re buying alcohol, or entering part of a pub, club or bar that is restricted to adults, and look like you might be under 18, the staff will probably ask you for ID. If you don’t have ID, you can be refused entry or not allowed to buy alcohol, regardless of your actual age.
A police officer has the power to ask you to provide identification if they believe you are under 18 and committing an offence (such as buying or possessing alcohol) in a public place.
You can prove your age with a card that contains your name, photo and date of birth. For example, you can use your:
School or college ID cards, transport concession cards and bank cards are not acceptable to prove your age.
All documents must be valid, so they can’t be expired, punched or clipped.
If you don’t show ID to a police officer when asked, if you use a fake ID, or if you give false information, you can be:
For more information see our Fake ID page.
If you are under 18, it is against the law for you to have any alcohol in a public place. This means that you don’t have to be drinking alcohol, you can be fined for just having alcohol, known as “possession”. If you are caught, the police can take you to the police station and request that your parents collect you.
Public places are places that are open to, or entitled to be used by the public and usually include, for example:
There are two exceptions. You will not be breaking the law if you are under 18 and you have alcohol in a public place as part of:
It is always against the law to drink alcohol in an alcohol-free zone, regardless of whether you are under or over 18. There are many alcohol-free zones across public areas of the ACT. Some of the main alcohol-free zones are within 50 metres of a:
Some alcohol-free zones are permanent, such as around Civic and many skate parks. Otherwise, temporary alcohol-free zones can be set up at public events like the Summernats.
Alcohol-free zones (also called alcohol-prohibited zones) can be marked by signs on the street, on buildings and at the entrance to parks and other public spaces. Sometimes they may not be marked at all. If you are unsure, it is best to check the signs and ask around.
“Licensed venues” are hotels, pubs, clubs, bars, bottle shops and (some) restaurants. They have a licence to sell alcohol to people 18 years and over. If you are under 18, it is against the law for you to drink or possess alcohol in a licensed venue, even if you are with your parent or guardian.
If you are caught drinking or in possession alcohol in a licensed venue, you can receive a warning, a caution or you can be taken to court. Remember that you can only receive one caution every 12 months. If you are taken to court, you can face a fine of up to $750 if found guilty.
You are allowed to be in a licensed venue as long as you don’t have or drink alcohol. However, you cannot be in an “adults-only” area without supervision from a parent, guardian or responsible adult. Adults-only areas should be clearly marked with signs. For example, if you are under 18 and you go to a pub with your family, you can be in the dining area or function space, but probably not the gambling areas.
If you have or drink alcohol, you can be asked to leave by the staff and fined up to $750 if the police take you to court and you are found guilty. If you are given alcohol by an adult, they can also be fined up to $3,000 in court if found guilty.
Although you can never drink alcohol in a licensed venue if you are under 18, you will not be breaking the law if you are in possession of alcohol as part of:
For more information, you may like to visit the following websites:
If you have a question about alcohol that we haven’t answered here, you can get help here.
If you have a problem or a question, you can send it to us today and we can provide you with free advice, information and referrals to help solve your problem. Just click on the button below.Get help now