Liquor and Another Regulation Amendment Regulation (No. 1) 2008 (Qld)

Queensland Liquor and Another Regulation Amendment Regulation (No. 1) 2008 Subordinate Legislation 2008 No. 181 made under the Education(GeneralProvisions)Act2006 LiquorAct1992 Contents Part 1 1 2 Part 2 Division 1 3 Division 2 4 5 6 7 8 9 10 11 12 13 14 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Liquor Regulation 2002 Preliminary Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendments commencing on 1 July 2008 Amendment of s 37B (Declaration of prohibition of possession of liquor in restricted area—Act, s 173H) . . . . . . . . . . . . . . . . . . . 3 Amendment of sch 1A (Aurukun) . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 1C (Napranum) . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 1D (Lockhart River) . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 1F (Wujal Wujal) . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of sch 1G (Kowanyama). . . . . . . . . . . . . . . . . . . . . . 5 Amendment of sch 1H (Pormpuraaw) . . . . . . . . . . . . . . . . . . . . . 5 Amendment of sch 1I (Mornington) . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of sch 1J (Yarrabah) . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of sch 1K (Bamaga) . . . . . . . . . . . . . . . . . . . . . . . . . 6 Amendment of sch 1L (Injinoo) . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Liquor and Another Regulation Amendment Regulation (No. 1) 2008 Contents 15 16 17 18 Division 3 19 20 21 Part 3 22 23 Amendment of sch 1M (New Mapoon) . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1N (Seisia). . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1O (Umagico) . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1R (Palm Island) . . . . . . . . . . . . . . . . . . . . . . Amendments commencing on 1 January 2009 Amendment of sch 1B (Doomadgee) . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1D (Lockhart River) . . . . . . . . . . . . . . . . . . . . Amendment of sch 1F (Wujal Wujal) . . . . . . . . . . . . . . . . . . . . . . Amendment of Education (General Provisions) Regulation2006 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 13 (Permission for liquor to be taken onto premises in restricted areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Permission for liquor of a particular type to be taken onto particular premises in restricted area . . . . . . . . . 6 7 7 7 8 9 9 10 10 10 Page 2 2008 SL No. 181

Part 1 Liquor and Another Regulation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Liquor Regulation 2002 [s 1] Preliminary 1 Short title This regulation may be cited as the Liquor and Another Regulation Amendment Regulation (No. 1) 2008 . 2 Commencement (1) Part 2, divisions 1 and 2 and part 3 commence on 1 July 2008. (2) Part 2, division 3 commences on 1 January 2009. Part 2 Amendment of LiquorRegulation 2002 Division 1 Preliminary 3 Regulation amended in pt 2 This part amends the Liquor Regulation 2002. Division 2 Amendments commencing on 1 July 2008 4 Amendment of s 37B (Declaration of prohibition of possession of liquor in restricted area—Act, s 173H) Section 37B(2), from ‘prescribed’ to stated’— omit, insert— ‘prescribed quantity of a type of liquor for a restricted area is the quantity of the type stated’. 2008 SL No. 181 Page 3

Liquor and Another Regulation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Liquor Regulation 2002 [s 5] 5 Amendment of sch 1A (Aurukun) (1) Schedule 1A, section 1, heading— omit, insert — ‘1 Areas declared to be restricted areas’. (2) Schedule 1A, section 2— omit, insert— ‘2 Prescribed quantity ‘The prescribed quantity of liquor of any type for each restricted area is zero.’. 6 Amendment of sch 1C (Napranum) Schedule 1C, section 2— omit, insert— ‘2 Prescribed quantity ‘The prescribed quantity of liquor of any type for each restricted area is zero.’. 7 Amendment of sch 1D (Lockhart River) (1) Schedule 1D, section 1, heading— omit, insert — ‘1 Areas declared to be restricted areas’. (2) Schedule 1D, section 2— omit, insert— ‘2 Prescribed quantity ‘The prescribed quantity of liquor of any type for each restricted area is zero.’. 8 Amendment of sch 1F (Wujal Wujal) Schedule 1F, section 2, ‘quantity for’— Page 4 2008 SL No. 181

Liquor and Another Regulation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Liquor Regulation 2002 [s 9] omit, insert— ‘quantity of liquor of any type for’. 9 Amendment of sch 1G (Kowanyama) Schedule 1G, section 2— omit, insert— ‘2 Prescribed quantity ‘The prescribed quantity of liquor of any type for each restricted area is zero.’. 10 Amendment of sch 1H (Pormpuraaw) (1) Schedule 1H, section 2(1), ‘, other than the canteen,’— omit. (2) Schedule 1H, section 2(2) and (3)— omit . 11 Amendment of sch 1I (Mornington) Schedule 1I, section 2— omit, insert— ‘2 Prescribed quantity ‘The prescribed quantity of liquor of any type for each restricted area is zero.’. 12 Amendment of sch 1J (Yarrabah) (1) Schedule 1J, section 2(1), ‘, other than the canteen’— omit . (2) Schedule 1J, section 2(2)— omit . (3) Schedule 1J, section 2(3), definition canteen — 2008 SL No. 181 Page 5

Liquor and Another Regulation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Liquor Regulation 2002 [s 13] omit . (4) Schedule 1J, section 2(3)— renumber as section 2(2). 13 Amendment of sch 1K (Bamaga) (1) Schedule 1K, section 2(1), ‘, other than Bamaga Tavern and Resort Bamaga,’— omit. (2) Schedule 1K, section 2(2) and (3)— omit . (3) Schedule 1K, section 2(4), definitions Bamaga Tavern and Resort Bamaga — omit . (4) Schedule 1K, section 2(4)— renumber as section 2(2). 14 Amendment of sch 1L (Injinoo) Schedule 1L, section 1, heading— omit, insert — ‘1 Areas declared to be restricted areas’. 15 Amendment of sch 1M (New Mapoon) Schedule 1M— insert — ‘3 Designated public place—Act, s 173L(2) ‘(1) For section 173L(2) of the Act, Loyalty Beach Camping Ground is designated as a public place where permitted liquor may be consumed. ‘(2) In this section— Page 6 2008 SL No. 181

Liquor and Another Regulation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Liquor Regulation 2002 [s 16] Loyalty Beach Camping Ground means the camping ground by that name situated at Loyalty Beach Road, New Mapoon.’. 16 Amendment of sch 1N (Seisia) (1) Schedule 1N, section 1, heading— omit, insert — ‘1 Areas declared to be restricted areas’. (2) Schedule 1N— insert — ‘3 Designated public place—Act, s 173L(2) ‘(1) For section 173L(2) of the Act, Seisia Camping Ground is designated as a public place where permitted liquor may be consumed. ‘(2) In this section— Seisia Camping Ground means the camping ground by that name situated at 5 Koraba Road, Seisia, other than the camping ground’s car park.’. 17 Amendment of sch 1O (Umagico) (1) Schedule 1O, section 2(1), ‘, other than the Alau Tavern’— omit. (2) Schedule 1O, section 2(2)— omit . (3) Schedule 1O, section 2(3), definition Alau Tavern — omit . (4) Schedule 1O, section 2(3)— renumber as section 2(2). 18 Amendment of sch 1R (Palm Island) (1) Schedule 1R, section 2(1), ‘, other than the canteen,’— 2008 SL No. 181 Page 7

Liquor and Another Regulation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Liquor Regulation 2002 [s 19] omit. (2) Schedule 1R, section 2(2) and (3)— omit . Division 3 Amendments commencing on 1 January 2009 19 Amendment of sch 1B (Doomadgee) (1) Schedule 1B, section 1(a)— omit, insert— ‘(a) the community area of the Doomadgee Shire Council, other than the land described as lot 1 on crown plan PK3, known as Old Doomadgee, and roads situated within the external boundaries of the lot;’. (2) Schedule 1B— insert — ‘3 Public road and public facility—Act, s 168B(3A) ‘(1) For section 168B(3A) of the Act, the part of The Savannah Way situated within the community area of the Doomadgee Shire Council is a public road. ‘(2) For section 168B(3A)(c)(i) of the Act, the Doomadgee roadhouse area is a public facility. ‘(3) In this section— Doomadgee roadhouse area means the area at the corner of The Savannah Way and Goodeedawa Road, situated within the community area of the Doomadgee Shire Council, to the north of— (a) the roadhouse building; and (b) the fences abutting 2 sides of the roadhouse building. The Savannah Way means the road known as The Savannah Way.’. Page 8 2008 SL No. 181

Liquor and Another Regulation Amendment Regulation (No. 1) 2008 Part 2 Amendment of Liquor Regulation 2002 [s 20] 20 Amendment of sch 1D (Lockhart River) (1) Schedule 1D, section 1(a)— omit, insert— ‘(a) the community area of the Lockhart River Shire Council;’. (2) Schedule 1D— insert — ‘3 Public road—Act, s 168B(3A) ‘For section 168B(3A) of the Act, the parts of the roads known as Frenchmen’s Road and Portland Roads Road situated within the external boundaries of the land described as lot 16 on plan 104551 are public roads.’. 21 Amendment of sch 1F (Wujal Wujal) (1) Schedule 1F, section 1(1)(a)— omit, insert — ‘(a) the community area of the Wujal Wujal Shire Council;’. (2) Schedule 1F, section 1(2)— omit . (3) Schedule 1F— insert — ‘3 Public road and public facility—Act, s 168B(3A) ‘(1) For section 168B(3A) of the Act, the following are public roads— (a) the part of the road known as the Bloomfield Track situated within the external boundaries of the land described as lot 42 on plan SR837; (b) the parts of the roads known as Douglas Street and the Rossville-Bloomfield Road situated within the external boundaries of the land described as lot 4 on plan SR836; 2008 SL No. 181 Page 9

Liquor and Another Regulation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Education (General Provisions) Regulation 2006 [s 22] (c) the road, situated within the community area of the Wujal Wujal Shire Council, directly connecting the road known as Douglas Street and the Bloomfield Falls. ‘(2) To remove any doubt it is declared that the road mentioned in subsection (1)(c) does not include the road that is known as the service road for Douglas Street. ‘(3) For section 168B(3A)(c)(i) of the Act, the car park near the Bloomfield Falls is a public facility.’. Part 3 Amendment of Education (General Provisions) Regulation 2006 22 Regulation amended in pt 3 This part amends the Education(GeneralProvisions)Regulation 2006. 23 Replacement of s 13 (Permission for liquor to be taken onto premises in restricted areas) Section 13— omit, insert— ‘13 Permission for liquor of a particular type to be taken onto particular premises in restricted area ‘(1) The chief executive may give permission, under section 10(3), for a person to take liquor of a particular type onto particular premises in a restricted area only if— (a) the person holds a restricted area permit authorising the person to possess in the restricted area, for the purpose of the relevant social function, more than the prescribed quantity of that type of liquor for the area; or Page 10 2008 SL No. 181

Liquor and Another Regulation Amendment Regulation (No. 1) 2008 Part 3 Amendment of Education (General Provisions) Regulation 2006 [s 23] (b) otherwise—the permission is subject to the condition that the quantity of that type of liquor the person may take onto the premises is not more than the prescribed quantity of that type of liquor for the restricted area. ‘(2) If a permission is given under section 10(3) and subsection (1)(a) applies, the permission applies— (a) only for the times, and on the day or days, stated in the restricted area permit; and (b) only during the period stated in the restricted area permit; and (c) subject to the LiquorAct1992 and any conditions on which the restricted area permit is held by the person. ‘(3) In this section— prescribed quantity of a type of liquor , for a restricted area, means the quantity of that type of liquor stated in a regulation made under the Liquor Act 1992 , section 173H that a person may have in possession in the area without a restricted area permit. restricted area means an area declared under the Liquor Act1992 , section 173G(1) to be a restricted area. restricted area permit means a restricted area permit granted under the Liquor Act 1992 .’. ENDNOTES 1 Made by the Governor in Council on 26 June 2008. 2 Notified in the gazette on 27 June 2008. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Treasury Department. © State of Queensland 2008 2008 SL No. 181 Page 11