Tuvalu Island Courts Bench Book - Federal Court of Australia

At the time of writing, the following areas are prohibited
within Tuvalu:
• on Funafuti – from the BP fuel tanks to the southern end of
the runway;
• on Nui, the part of the island between Tabontebike and the
pig fence; and
• on Vaitapu, that part of the island which is communal land
comprising the main village bounded by an area 600 yards to
the North and South of that communal land.
Not licensed premises
This offence does not apply to premises which were licensed to
allow drinking at the time of the alleged offence. 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.
Drank alcohol
The prosecution must prove that the accused had consumed drink.
The police will obtain evidence that helps them establish this. They
must establish that the accused was seen drinking alcohol in a
prohibited place. It is not sufficient to show that the accused was
carrying alcohol or an open beer can, although that may suggest that
the accused had been and intended to continue drinking.
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