Liquor Control Act 1988
Liquor Control (Kunawarritji Restricted Area) Regulations 2011
Western Australia
Liquor Control (Kunawarritji Restricted Area) Regulations 2011
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 Kunawarritji Aboriginal Community3
8.Exception for tourists using Well 33 camping grounds3
9.Seizure and disposal of containers of liquor3
10.Period during which these regulations have effect4
Notes
Compilation table5
Other notes5
Defined terms
Liquor Control Act 1988
Liquor Control (Kunawarritji Restricted Area) Regulations 2011
These regulations are the Liquor Control (Kunawarritji Restricted Area) Regulations 2011.
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 —
Kunawarritji Aboriginal Community means the area of land up to a 50 kilometre radius measured from the telecommunications aerial located on Lot 333 on Deposited Plan 55302 at the point with the following Geocentric Datum of Australia 2020 (GDA2020) coordinates —
(a)22.329212°S;
(b)124.725571°E;
tourist means a person who is —
(a)staying at a place that is at least 50 kilometres from his or her usual place of residence for a period of at least one night; and
(b)intending to stay away from his or her usual place of residence for a period of less than 12 months; and
(c)not in the course of travelling on a regular journey between his or her usual place of residence or his or her place of work or education; and
(d)travelling in the course of a holiday or for leisure, business, to visit friends or relatives or for any other reason; and
(e)not usually a resident in a community declared a restricted area under section 175(1a) of the Act;
Well 33 camping grounds means the Kunawarritji Camp at Well 33 on the Canning Stock Route located at the point with the following Geocentric Datum of Australia 2020 (GDA2020) coordinates —
(a)22.341876°S;
(b)124.775199°E.
[Regulation 3 amended: SL 2021/18 r. 8.]
[4.Deleted: SL 2021/18 r. 9.]
5.Declaration of restricted area
The Kunawarritji 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 Kunawarritji 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 Kunawarritji 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 Kunawarritji Aboriginal Community
(1)Subject to subregulation (3) and regulation 8, a person who —
(a)brings liquor into, or causes liquor to be brought into, the Kunawarritji Aboriginal Community; or
(b)has liquor in his or her possession in the Kunawarritji 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.
(3)A person does not commit an offence under subregulation (1) if the person —
(a)is a tourist; and
(b)does not consume the liquor in his or her possession; and
(c)continuously maintains possession of the liquor until such time as he or she has left the Kunawarritji Aboriginal Community.
8.Exception for tourists using Well 33 camping grounds
Despite regulation 7, a tourist using the Well 33 camping grounds may possess and consume alcohol while on the grounds.
9.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.
10.Period during which these regulations have effect
Unless sooner repealed, these regulations have effect for the period that ends at the close of 3 May 2024.
[Regulation 10 inserted: SL 2021/18 r. 10.]
This is a compilation of the Liquor Control (Kunawarritji Restricted Area) Regulations 2011 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
|
Citation |
Published |
Commencement |
|
Liquor Control (Kunawarritji Restricted Area) Regulations 2011 |
3 May 2011 p. 1597-9 |
r. 1 and 2: 3 May 2011 (see r. 2(a)); |
|
Liquor Control (Kunawarritji Restricted Area) Amendment Regulations 2014 |
2 May 2014 p. 1365 |
r. 1 and 2: 2 May 2014 (see r. 2(a)); |
|
Liquor Control (Kunawarritji Restricted Area) Amendment Regulations 2015 |
10 Apr 2015 p. 1262 |
r. 1 and 2: 10 Apr 2015 (see r. 2(a)); |
|
Liquor Control (Kunawarritji Restricted Area) Amendment Regulations 2018 |
13 Apr 2018 p. 1288‑9 |
r. 1 and 2: 13 Apr 2018 (see r. 2(a)); |
|
Racing and Gaming Regulations Amendment (Liquor Control) Regulations 2021 Pt. 3 |
SL 2021/18 2 Feb 2021 |
3 Feb 2021 (see r. 2(b)) |
1These regulations expire at the close of 3 May 2024 (see r. 10).
[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)
Kunawarritji Aboriginal Community3
tourist3
Well 33 camping grounds3