The NSW Government is concerned with new type of alcohol called "Super Alcohol" that is being sold by bottle shops. Liquor & Gaming (the part of the NSW Government that manages liquor licenses) issues penalty notices against all the bottle-shops selling Super Alcohol.

The bottle-shops challenge the penalty notices on the basis that Super Alcohol is an alcohol product which their license permits them to sell. Prior to the matter appear before a judge, the NSW Government enacts the Alcohol Prohibition Act 2021 (NSW). Section 25(a) of the Act provides that "A person who supplies, or who knowingly takes part in the supply of, Super Alcohol is guilty of an offence." The NSW Government intends to rely on section 25(a) of the Act to uphold the validity of the the penalty notices.

(a) Do you think the NSW Government would be successful?

(b) What issues do you think arise in relation to the NSW Government enforcing the penalty notices that it issued to the bottle-shops?