Aboriginal Lands Trust (Control of Alcoholic Liquor and Regulated Substances on Yalata Reserve) Regulations 1990 (SA)

South Australia

Aboriginal Lands Trust (Control of Alcoholic Liquor and Regulated Substances on Yalata Reserve) Regulations 1990

under the Aboriginal Lands Trust Act 1966

Contents

1Short title

2Interpretation

3Prohibition of possession, consumption, sale and supply of alcoholic liquor on Yalata Reserve

4Prohibition of inhalation, consumption, possession, sale and supply of regulated substances on Yalata Reserve

5Confiscation of alcoholic liquor and regulated substances

6Prescribed rehabilitation programmes

Legislative history

1—Short title

These regulations may be cited as the Aboriginal Lands Trust (Control of Alcoholic Liquor and Regulated Substances on Yalata Reserve) Regulations 1990.

2—Interpretation

In these regulations—

the Act means the Aboriginal Lands Trust Act 1966;

alcoholic liquor means any beverage that at 20° Celsius contains more than 1.15 per cent alcohol by volume and includes any substance that consists of, contains, or may be converted to, such a beverage;

member of the police force includes a special constable authorised by a member of the police force to seize a vehicle under section 21 of the Act;

regulated substance means petrol;

Yalata Reserve means the whole of the land comprised in Land Grant Register Book Volume 4213 Folio 835.

3—Prohibition of possession, consumption, sale and supply of alcoholic liquor on Yalata Reserve

(1)A person must not, while he or she is on any part of Yalata Reserve—

(a)possess or consume alcoholic liquor; or

(b)sell or supply alcoholic liquor to another person.

(2)Subregulation (1) does not apply to—

(a)a person who—

(i)possesses alcoholic liquor for the purposes of; or

(ii)consumes alcoholic liquor in the course of,

a sacramental or other similar observance that takes place in the course of, or constitutes, part of a religious service; or

(b)a person who possesses or consumes, as a medicine or for specific medicinal purposes, alcoholic liquor that has been lawfully prescribed or administered by or pursuant to a direction of a legally qualified medical practitioner or registered pharmaceutical chemist.

4—Prohibition of inhalation, consumption, possession, sale and supply of regulated substances on Yalata Reserve

A person must not, while he or she is on any part of Yalata Reserve—

(a)inhale or consume a regulated substance; or

(b)possess a regulated substance for the purpose of inhalation or consumption; or

(c)sell or supply a regulated substance to another person knowing or there being reasonable grounds for suspecting that the other person—

(i)intends to use the regulated substance for the purpose of inhalation or consumption; or

(ii)intends to sell or supply the regulated substance for the purpose of inhalation or consumption.

5—Confiscation of alcoholic liquor and regulated substances

Where a member of the police force reasonably suspects that a contravention of regulation 3(1) or 4 has occurred, the member may confiscate any alcoholic liquor or regulated substance to which the suspected contravention relates.

6—Prescribed rehabilitation programmes

For the purposes of section 21(6) of the Act, the rehabilitation programme known as the "Residential Alcoholic Rehabilitation Program" and conducted by Pika Wiya Health Service Incorporated at Baroota Farm is prescribed in relation to offences committed on Yalata Reserve.

Legislative history

Notes

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes.

Revocation of regulations

The Aboriginal Lands Trust (Control of Alcoholic Liquor and Regulated Substances on Yalata Reserve) Regulations 1990 were revoked by Sch 1 of the Aboriginal Lands Trust (Yalata Reserve) Regulations 2005 on 18.8.2005.

Principal regulations

Year	No	Reference	Commencement
1990	179	Gazette 30.8.1990 p737	30.8.1990