Liquor Control Act 1988
Liquor Control (Jarlmadangah Burru Restricted Area) Regulations 2019
Western Australia
Liquor Control (Jarlmadangah Burru Restricted Area) Regulations 2019
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
3.Terms used1
4.Exempt person2
Part 2 — Restricted area
5.Declaration of restricted area3
6.Notice of restricted area3
Part 3 — Prohibitions and related provisions
7.Prohibitions as to liquor in the Jarlmadangah Burru Aboriginal Community4
8.Exceptions to r. 74
9.Seizure and disposal of containers of liquor5
Part 4 — Period of effect
10.Period during which these regulations have effect6
Part 5 — Liquor Control Regulations 1989 amended
11.Regulations amended7
12.Regulation 27 amended7
Notes
Compilation table8
Other notes8
Defined terms
Liquor Control Act 1988
Liquor Control (Jarlmadangah Burru 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 has the meaning given in regulation 4;
Jarlmadangah Burru Aboriginal Community means the area of land described as Reserve 41497 being Lot 237 on Deposited Plan 91781 and being the whole of the land in Record of Qualified Certificate of Crown Land Title Volume LR3061 Folio 67;
Kimberley Dreamtime Adventure Tours camp area means the area of land bounded by a line commencing at the
north‑easternmost point of the Jarlmadangah Burru Aboriginal Community (the commencement point) and extending —
(a)south for a distance of 560 m; then
(b)west for a distance of 270 m; then
(c)north for a distance of 542 m; then
(d)generally easterly along the northern boundary of the Jarlmadangah Burru Aboriginal Community to the commencement point.
For the purposes of these regulations, a person is an exempt person if the person is —
(a)staying at a place that is at least 50 km from their usual place of residence for a period of at least 1 night; and
(b)intending to stay away from their 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 their usual place of residence and their 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 restricted area declared under section 175(1a) of the Act.
5.Declaration of restricted area
The Jarlmadangah Burru 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 Jarlmadangah Burru 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 Jarlmadangah Burru 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 Jarlmadangah Burru Aboriginal Community
(1)Subject to regulation 8, a person commits an offence if the person —
(a)brings liquor into, or causes liquor to be brought into, the Jarlmadangah Burru Aboriginal Community; or
(b)possesses liquor in the Jarlmadangah Burru 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.
A person who is an exempt person does not commit an offence under regulation 7(1) if —
(a)the person is in the Kimberley Dreamtime Adventure Tours camp area and continuously maintains possession of, or consumes, the liquor; or
(b)the person is in any other part of the Jarlmadangah Burru Aboriginal Community north of Geocentric Datum of Australia 2020 (GDA2020) 18.005°S latitude and continuously maintains possession of, but does not consume, the liquor.
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 13 December 2023.
[Regulation 10 amended: SL 2022/199 r. 6.]
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 (Jarlmadangah Burru Restricted Area) Regulations 2019 regulation 7(1) |
This is a compilation of the Liquor Control (Jarlmadangah Burru 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 (Jarlmadangah Burru Restricted Area) Regulations 2019 1 |
13 Dec 2019 p. 4241‑3 |
r. 1 and 2: 13 Dec 2019 (see r. 2(a)); |
|
Racing and Gaming Regulations Amendment (Liquor Control) Regulations (No. 4) 2022 Pt. 3 |
18 Nov 2022 SL 2022/199 |
19 Nov 2022 (see r. 2(b)) |
1These regulations expire at the close of 13 December 2023 (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)
commencement point3
exempt person3, 4
Jarlmadangah Burru Aboriginal Community3
Kimberley Dreamtime Adventure Tours camp area3