Tuvalu Island Courts Bench Book - Federal Court of Australia

Request to leave
The prosecution must have good evidence that the accused was
asked to leave the licensed premises and that this was done by either
a representative of the licensed premises or by a police officer.
The person asking the accused to leave will need to be identified and
would usually give evidence of their status as representative of the
licensed premises or police officer as well as the request.
Failure to leave and drinking alcohol
The prosecution must show that the accused was on any part of
licensed premises and that he or she was drinking alcohol there after
being asked to leave.
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.
Tuvalu Island Courts Bench Book June 2004