Liquor Control Act 1988

Liquor Control (Noonkanbah Restricted Area) Regulations 2009

 

Liquor Control (Noonkanbah Restricted Area) Regulations 2009

Contents

1.Citation1

2.Commencement1

3.Term used: Noonkanbah Aboriginal Community1

4.Note is not part of regulation2

5.Declaration of restricted area2

6.Notice of restricted area2

7.Prohibitions as to liquor in the Noonkanbah Aboriginal Community2

8.Seizure and disposal of containers of liquor3

9.Period during which these regulations have effect3

Notes

Compilation table4

Defined terms

 

Liquor Control Act 1988

Liquor Control (Noonkanbah Restricted Area) Regulations 2009

1.Citation

These regulations are the Liquor Control (Noonkanbah Restricted Area) Regulations 2009.

2.Commencement

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.

3.Term used: Noonkanbah Aboriginal Community

In these regulations —

Noonkanbah Aboriginal Community means the area of the land the subject of —

(a)Certificate of Title 2201/905 (Lots 4 and 50); and

(b)Crown Reserve 26355 (Lot 37); and

(c)Crown Lease 3114/576 (Lot 255),

and the portion of Crown Reserve 23226 bounded to the north and south by Crown Lease 3114/576 (Lot 255).

[Regulation 3 amended in Gazette 8 Nov 2011 p. 4676.]

4.Note is not part of regulation

The note after regulation 9 does not form part of these regulations.

5.Declaration of restricted area

The Noonkanbah Aboriginal Community is declared to be a restricted area for the purposes of section 175(1a) of the Act.

6.Notice of restricted area

(1)The Director of Liquor Licensing must take all reasonable steps to cause to be posted, and while the Noonkanbah 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 Noonkanbah 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 Noonkanbah Aboriginal Community

(1)A person who —

(a)brings liquor into, or causes liquor to be brought into, the Noonkanbah Aboriginal Community; or

(b)has liquor in his or her possession in the Noonkanbah Aboriginal Community,

commits an offence.

Penalty:

(a)if subregulation (2) applies — a fine of $5 000;

(b)in any other case — a fine of $2 000.

(2)This subregulation applies to an offence under subregulation (1) 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 of 8 years commencing at the time regulation 5 comes into operation.

[Regulation 9 amended in Gazette 22 Jul 2011 p. 3026; 6 Jun 2014 p. 1792.]

Note:

Under the Liquor Control Act 1988 section 175(1d), these regulations expire at the end of the period referred to in regulation 9.

 

 

Notes

1This is a compilation of the Liquor Control (Noonkanbah Restricted Area) Regulations 2009 2 and includes the amendments made by the other written laws referred to in the following table

Compilation table

Citation

Gazettal

Commencement

Liquor Control (Noonkanbah Restricted Area) Regulations 2009

24 Jul 2009 p. 2950-1

r. 1 and 2: 24 Jul 2009 (see r. 2(a));
Regulations other than r. 1 and 2: 25 Jul 2009 (see r. 2(b))

Liquor Control (Noonkanbah Restricted Area) Amendment Regulations 2011

22 Jul 2011 p. 3026

r. 1 and 2: 22 Jul 2011 (see r. 2(a));
Regulations other than r. 1 and 2: 23 Jul 2011 (see r. 2(b))

Liquor Control (Noonkanbah Restricted Area) Amendment Regulations (No. 2) 2011

8 Nov 2011 p. 4675‑6

r. 1 and 2: 8 Nov 2011 (see r. 2(a));
Regulations other than r. 1 and 2: 9 Nov 2011 (see r. 2(b))

Liquor Control (Noonkanbah Restricted Area) Amendment Regulations 2014

6 Jun 2014 p. 1791‑2

r. 1 and 2: 6 Jun 2014 (see r. 2(a));
Regulations other than r. 1 and 2: 7 Jun 2014 (see r. 2(b))

2These regulations expire 25 Jul 2017 (see r. 9).

 

 

Defined terms

 

[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)

Noonkanbah Aboriginal Community3