Tuvalu Island Courts Bench Book - Federal Court of Australia

Licensed premises or public place
The prosecution must prove that the premises were licensed (the
license should be produced as an exhibit) and that the alleged
behaviour happened on those premises.
or
The prosecution must prove it was a public place that the alleged
behaviour took place in. Often a description of the place may be
sufficient because you may know it. Otherwise it needs to be
proved that the place was public in nature.
Alcoholic drink
The prosecution will need to have evidence that the drink in
question was alcoholic. See the definition of alcoholic drink in s2
Traffic Act.
Defences
If the prosecution has proved the elements of the offence, beyond
reasonable doubt, the accused may still have a legal defence.
The accused will have to establish their defence to your satisfaction,
on the balance of probabilities (i.e. more likely than not).
Sentence
$200 fine.
Note that you may also make an order to prohibit the accused from
drinking or having in his or her possession any alcoholic drink for
up to 12 months if the accused is convicted of the same offence
twice in the last 12 months. You will need to follow the procedure
outlined at ss82 –83 Alcoholic Drinks Act.
See Lausaveve v R [2003] TVHC 5; 5/02.
Tuvalu Island Courts Bench Book June 2004