If you are a same day alcohol delivery provider, you need to verify the age of customers when you offer alcohol delivery online.
There are minimum requirements you must adhere to under the Liquor Act 2007 and regulations.
There are three options available to verify the alcohol purchaser’s age.
These measures increase protections to help prevent minors from purchasing alcohol online.
Please refer to the Common questions at the end of the page to help you better understand the options that are available.
On this page:
You can verify the purchaser’s age online using:
For this verification method, the minimum standard that must be met by an accredited identity service provider or a provider undergoing accreditation includes:
Under this option, to verify age, you must use the services of a TDIF accredited or provisionally accepted identity verification service provider that uses a process that relies on an artificial intelligence system to authenticate the purchaser’s evidence of age document.
This is a temporary option, initially available until 31 May 2024.
If you use this option, you must ensure the system is provided and implemented in a way that complies with clause 107I of the Liquor Regulation 2018.
You should keep records wherever artificial intelligence checks have occurred. In some circumstances, these records could be requested by Liquor & Gaming NSW to confirm age verification obligations are met (for example, if there is an alleged sale to a minor).
Under this option, to verify age, you must:
If you use this option, you must ensure the system is provided and implemented in a way that complies with the clause 107I of the Liquor Regulation 2018.
You should keep records of statements made by purchasers that they can produce an evidence of age document. It is a crime for them to make a false statement.
In some circumstances, the records could be requested by Liquor & Gaming NSW to confirm age verification obligations are met (for example, if there is an alleged sale to a minor).
After you have verified a purchaser’s age, you can ask them to undergo a form of authentication to confirm their identity for second and subsequent orders.
If you have verified a customer's age, you can authenticate the ‘proofed customer’ for second or subsequent purchases using a system that relies on credentials like a username and password. The credentials must meet at least credential level 1 as described in the TDIF 05 Role Requirements - Section 4.1 - Credential Levels.
Credentials can be issued to these customers by:
Alternately, if you have asked the purchaser to make the statement required under Option 3 (above) to verify their age, you can simply ask them to make these statements each time they order alcohol through your delivery service. If you do this, you do not need to issue and rely on credentials.
With Option 3, who needs to collect the statement from purchasers that they can produce an evidence of age document to verify their name and age, at the time of delivery? Is it the identity service provider or the same day delivery provider?
The same day delivery provider must require the purchaser to state they can produce an evidence of age document at delivery (see clause 107I(2)(b) of the Liquor Regulation 2018). Retaining records of these statements is important should a question arise about the age of the purchaser.
Do same day delivery providers need to ‘capture’ the purchaser’s evidence of age document at the time the order is made?
There is no requirement for the evidence of age document to be digitally captured and stored. Privacy and security requirements for the capture and storage of this personal data should be considered.
What kind of ‘artificial intelligence’ systems can be used under option 2?
A system that uses artificial intelligence to perform a check on whether an evidence of age document is legitimate is acceptable. Option 2 allows for the use of different types of artificial intelligence systems; however, any system used must be provided through the use of an identity verification service provider that is fully accredited (or provisionally accredited) under the TDIF.
What will happen with Options 2 and 3 after 31 May 2024?
Liquor & Gaming NSW is closely monitoring the solutions used under Options 2 and 3, which are temporarily available until 31 May 2024. It will review the effectiveness of the age verification solutions used by providers before 31 May 2024.
It is important that same day delivery providers ensure they consider the accessibility and usability, privacy protection, security and fraud control, risk management and technical integrity of solutions they adopt – particularly with Options 2 and 3.
How does an ‘identity service provider’ get accreditation under the TDIF?
To become a TDIF accredited ‘identity service provider’ you need to meet the requirements set out by the Digital Transformation Agency (DTA), in the Trusted Digital Identity Framework (TDIF) and undergo accreditation.
Where can I find a list of TDIF accredited ‘identity service providers’?
The DTA maintains a list of the fully accredited providers on the Digital Identity website.
To confirm whether a business is undergoing TDIF accreditation, you can ask them to show you a copy of the letter approving their TDIF accreditation from the DTA.
