Liquor Control Act 1988
Liquor Control (Wakathuni Restricted Area) Regulations 2019
Western Australia
Liquor Control (Wakathuni Restricted Area) Regulations 2019
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
3.Terms used1
Part 2 — Restricted area
5.Declaration of restricted area2
6.Notice of restricted area2
Part 3 — Prohibitions and related provisions
7.Prohibitions as to liquor in the Wakathuni Aboriginal Community3
8.Seizure and disposal of containers of liquor3
Part 4 — Period of effect
9.Period during which these regulations have effect4
Part 5 — Liquor Control Regulations 1989 amended
10.Regulations amended5
11.Regulation 27 amended5
Notes
Compilation table6
Other notes6
Defined terms
Liquor Control Act 1988
Liquor Control (Wakathuni Restricted Area) Regulations 2019
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 —
exempt person means the driver of or a passenger in a transiting vehicle;
transiting vehicle means a vehicle that transits the Wakathuni Aboriginal Community on a public road without —
(a)stopping; or
(b)discharging any person or item;
Wakathuni Aboriginal Community means the land lying within a radius of 5 km measured from the centre of the Wakathuni basketball court located at latitude 22.866784° S, longitude 117.832828° E.
[4.Deleted: SL 2022/63 r. 7.]
5.Declaration of restricted area
The Wakathuni 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 Wakathuni 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 Wakathuni 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.
Part 3 — Prohibitions and related provisions
7.Prohibitions as to liquor in the Wakathuni Aboriginal Community
(1)A person, other than an exempt person, commits an offence if the person —
(a)brings liquor into, or causes liquor to be brought into, the Wakathuni Aboriginal Community; or
(b)possesses liquor in the Wakathuni Aboriginal Community.
Penalty for this subregulation:
(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 that ends at the close of 30 June 2023.
[Regulation 9 amended: SL 2022/63 r. 8.]
Part 5 — Liquor Control Regulations 1989 amended
This Part amends the Liquor Control Regulations 1989.
In regulation 27(4) in the Table insert in alphabetical order:
|
Liquor Control (Wakathuni Restricted Area) Regulations 2018 regulation 7(1) |
This is a compilation of the Liquor Control (Wakathuni Restricted Area) Regulations 2019 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
|
Citation |
Published |
Commencement |
|
Liquor Control (Wakathuni Restricted Area) Regulations 2019 1 |
14 Jun 2019 p. 1898‑900 |
r. 1 and 2: 14 Jun 2019 (see r. 2(a)); |
|
Racing and Gaming Regulations Amendment (Liquor Control) Regulations (No. 2) 2022 Pt. 3 |
SL 2022/63 3 Jun 2022 |
4 Jun 2022 (see r. 2(b)) |
1These regulations expire at the close of 30 Jun 2023 (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)
exempt person3
transiting vehicle3
Wakathuni Aboriginal Community3