Liquor Control Act 1988
Liquor Control (Punmu Restricted Area) Regulations 2010
Western Australia
Liquor Control (Punmu Restricted Area) Regulations 2010
Contents
1.Citation1
2.Commencement1
3.Terms used1
4.Note is not part of regulations2
5.Declaration of restricted area2
6.Notice of restricted area2
7.Prohibitions as to liquor in the Punmu Aboriginal Community2
8.Seizure and disposal of containers of liquor3
9.Period during which these regulations have effect3
Notes
Compilation table4
Defined terms
Western Australia
Liquor Control Act 1988
Liquor Control (Punmu Restricted Area) Regulations 2010
These regulations come into operation as follows —
(a)regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)the rest of the regulations — on the day after that day.
In these regulations —
aerial means the telecommunications installation located at Latitude 22 degrees 2 minutes 40.36 seconds South and Longitude 123 degrees 7 minutes 22.29 seconds East;
Punmu Aboriginal Community means that part of
(a)the aerial at the centre; and
(b)a radius of 30 kilometres.
4.Note is not part of regulations
The note after regulation 9 does not form part of these regulations.
5.Declaration of restricted area
The Punmu Aboriginal Community is declared to be a restricted area for the purposes of section 175(1a) of the Act.
(1)The Director of Liquor Licensing must take all reasonable steps to cause to be posted, and while the Punmu Aboriginal Community continues to be a restricted area by operation of regulation 5 to be kept posted, at each place where a customary access route enters the Punmu Aboriginal Community a notice —
(a)describing the offences set out in regulation 7; and
(b)specifying the penalties for those offences.
(2)A failure to comply with subregulation (1) does not invalidate the declaration in regulation 5.
7.Prohibitions as to liquor in the Punmu Aboriginal Community
(1)In this regulation —
exempt person means the driver of or a passenger in a transiting vehicle;
transiting vehicle means a vehicle that transits the Punmu Aboriginal Community on a public road without —
(a)stopping; or
(b)discharging any person or item.
(2)A person, other than an exempt person, who —
(a)brings liquor into, or causes liquor to be brought into, the Punmu Aboriginal Community; or
(b)has liquor in his or her possession in the Punmu Aboriginal Community,
commits an offence.
Penalty:
(a)if subregulation (3) applies, a fine of $5 000;
(b)in any other case, a fine of $2 000.
(3)This subregulation applies to an offence under subregulation (2) committed by a licensee, a manager of licensed premises or a director of a body corporate that holds a licence.
8.Seizure and disposal of containers of liquor
Despite section 155(4) and (5) of the Act, a member of the Police Force may seize and, as soon as is practicable, dispose of any opened or unopened container of liquor suspected on reasonable grounds to be the subject of an offence under regulation 7.
9.Period during which these regulations have effect
Unless sooner repealed, these regulations have effect for the period that ends on the day 6 years after the day on which these regulations, other than regulations 1 and 2, come into operation under regulation 2(b).
Note:
Under the Liquor Control Act 1988 section 175(1d), these regulations expire at the end of the period referred to in regulation 9.
[Regulation 9 amended in Gazette 15 Nov 2013 p. 5266.]
1This is a compilation of the Liquor Control (Punmu Restricted Area) Regulations 2010 and includes the amendments made by the other written laws referred to in the following table.
Citation |
Gazettal |
Commencement |
Liquor Control (Punmu Restricted Area) Regulations 2010 |
3 Dec 2010 p. 6060-2 |
r. 1 and 2: 3 Dec 2010 (see r. 2(a)); |
Liquor Control (Punmu Restricted Area) Amendment Regulations 2013 |
15 Nov 2013 p. 5266 |
r. 1 and 2: 15 Nov 2013 (see r. 2(a)); |
2These regulations expire 4 Dec 2016 (see r. 9).
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
aerial 3
exempt person7(1)
Punmu Aboriginal Community3
transiting vehicle 7(1)