Government Railways Act 1904

Government Railways (Sale and Consumption of Liquor) By-law 1971

Reprint 1: The by-law as at 7 May 2004

 


Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original by-law and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the by-law being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a rule that was inserted, or has been amended, since the by-law being reprinted was made, editorial notes at the foot of the rule give some history of how the rule came to be as it is. If the rule replaced an earlier rule, no history of the earlier rule is given (the full history of the by-law is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

removed (because it was repealed or deleted from the law); or

omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

Reprint numbering and date

1.The reprint number (in the footer of each page of the document) shows how many times the by-law has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the by-law was published. Reprint numbering was implemented as from 1 January 2003.

2.The information in the reprint is current on the date shown as the date as at which the by-law is reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

 

Reprinted under the Reprints Act 1984 as

at 7 May 2004

Government Railways (Sale and Consumption of Liquor) By-law 1971

CONTENTS

1AA.Citation1

1.Interpretation1

1A.Application2

2.Consumption of liquor2

3.Private liquor not to be consumed on train2

4.Liquor not to be taken onto a train2

5.Sale of liquor to intoxicated persons or minors2

6.Identification may be requested3

7.Penalty3

Schedule4

Notes

Compilation table5

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 7 May 2004

Government Railways Act 1904

Government Railways ( Sale and Consumption of Liquor) By‑law 1971

1AA.Citation

(1)This by‑law may be cited as the Government Railways ( Sale and Consumption of Liquor) By‑law 1971 1.

(2)The main legislative units of this by‑law are called rules, and a rule may contain 2 or more subrules (this sentence, for example, being subrule (2) of rule 1AA).

[Rule 1AA inserted in Gazette 12 Dec 2003 p. 5045.]

1.Interpretation

In this by‑law, unless the contrary intention appears — 

liquor has the same meaning as it has in and for the purposes of the Liquor Licensing Act 1988.

[Rule 1 amended in Gazette 12 Dec 2003 p. 5045.]

1A.Application

This by‑law applies to journeys that involve travel outside the metropolitan region (as described in the Third Schedule to the Metropolitan Region Town Planning Scheme Act 1959).

[Rule 1A inserted in Gazette 30 Dec 1994 p. 7334; amended in Gazette 12 Dec 2003 p. 5045.]

2.Consumption of liquor

A person shall not, except in a place set aside by the Authority for the consumption of liquor, consume liquor in or on any railway carriage, omnibus, land, building or station or in or on any property held or used by the Authority in connection with or for the purposes of a railway.

[Rule 2 amended in Gazette 12 Dec 2003 p. 5046.]

[2A.Repealed in Gazette 12 Dec 2003 p. 5045.]

3.Private liquor not to be consumed on train

A person shall not consume liquor on a train other than liquor sold by or under the authority of the Authority on the train.

[Rule 3 amended in Gazette 12 Dec 2003 p. 5046.]

4.Liquor not to be taken onto a train

A person shall not take liquor on to a train other than liquor for sale on or transportation by that train by or under the authority of the Authority.

[Rule 4 amended in Gazette 12 Dec 2003 p. 5046.]

5. Sale of liquor to intoxicated persons or minors

A person shall not on any train — 

(a)supply liquor, or cause or permit the supply of liquor, to a person who is, at the time, in a state of intoxication or is visibly affected by liquor to the extent that any further consumption of liquor by him is liable to induce a state of intoxication;

(b)sell or supply or permit the sale or supply of liquor to a person under the age of 18 years.

6.Identification may be requested

Where a servant or agent of the Authority suspects that a person who has requested the sale of, or is consuming, liquor on any train is, or may be, under the age of 18 years, the servant or agent may require that person to furnish him with a certificate, in the form set out in the schedule to this by‑law, specifying the age of the person so suspected and signed by that person; and a person required to furnish a certificate under this by‑law — 

(a)shall not fail, without lawful excuse, to furnish the certificate; and

(b)shall not furnish a certificate that is false or misleading in any material particular.

[Rule 6 amended in Gazette 12 Dec 2003 p. 5046.]

7.Penalty

Any person guilty of a breach of this by‑law is liable to a penalty of $200.

[Rule 7 amended in Gazette 30 Dec 1994 p. 7335.]

 

Schedule

Certificate as to Age

I, ............................................................................................................................. of ..........................................................................................................................., hereby certify that my true age is ................................................................ years. I was born at ........................................................................................................... on ..................................................................................

Dated this .............................. day of ....................................., 20.......

........................................................
Signature.

dline

 

Notes

1This reprint is a compilation as at 7 May 2004 of the Government Railways (Sale and Consumption of Liquor) By-law 1971 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

By‑law 91 —  Sale and Consumption of Liquor 2

15 Jan 1971 p. 145‑6

15 Jan 1971

Railways By‑laws Amendment By‑laws 1994 bl. 19

30 Dec 1994 p. 7332‑5

1 Jan 1995 (see bl. 2 and Gazette 30 Dec 1994 p. 7211)

Government Railways Amendment and Repeal By‑laws 2003 bl. 5

12 Dec 2003 p. 5041‑7

12 Dec 2003

Reprint 1: The Government Railways ( Sale and Consumption of Liquor) By‑law 1971 as at 7 May 2004 (includes amendments listed above)

2Now known as the Government Railways ( Sale and Consumption of Liquor) By‑law 1971; citation changed (see note under r. 1AA).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer