Liquor Control Act 1988

Liquor Control (Punmu Restricted Area) Regulations 2010

 

Liquor Control (Punmu Restricted Area) Regulations 2010

Contents

1.Citation1

2.Commencement1

3.Terms used1

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

 

Liquor Control Act 1988

Liquor Control (Punmu Restricted Area) Regulations 2010

1.Citation

These regulations are the Liquor Control (Punmu Restricted Area) Regulations 2010 1.

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.Terms used

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 Lot 13 on Deposited Plan 240373 (Record of Qualified Certificate of Crown Land Title Volume LR 3124 Folio 556) that is within the area bounded by the circumference of a circle with —

(a)the aerial at the centre; and

(b)a radius of 30 kilometres.

[4.Deleted: Gazette 28 Oct 2016 p. 4918.]

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.

6.Notice of restricted area

(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 at the close of 4 December 2019.

[Regulation 9 inserted: Gazette 28 Oct 2016 p. 4918.]

 

Notes

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.

Compilation 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));
Regulations other than r. 1 and 2: 4 Dec 2010 (see r. 2(b))

Liquor Control (Punmu Restricted Area) Amendment Regulations 2013

15 Nov 2013 p. 5266

r. 1 and 2: 15 Nov 2013 (see r. 2(a));
Regulations other than r. 1 and 2: 16 Nov 2013 (see r. 2(b))

Liquor Control (Punmu Restricted Area) Amendment Regulations 2016

28 Oct 2016 p. 4918

r. 1 and 2: 28 Oct 2016 (see r. 2(a));
Regulations other than r. 1 and 2: 29 Oct 2016 (see r. 2(b))

2These regulations expire 4 Dec 2019 (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)

aerial3

exempt person7(1)

Punmu Aboriginal Community3

transiting vehicle 7(1)