Liquor Control Amendment Regulations (No. 2) 2007 (WA)

4928 GOVERNMENT GAZETTE, WA 28 September 2007

RACING, GAMING AND LIQUOR

RG301*

Liquor Control Act 1988

Liquor Control Amendment Regulations

(No. 2) 2007

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Liquor Control Amendment
Regulations (No. 2) 2007.

2.             Commencement

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.

3.             The regulations amended

The amendments in these regulations are to the Liquor Control
Regulations 1989.

4.             Regulation 9 amended

Regulation 9 is amended as follows:

(a) by deleting paragraph (a) and inserting instead —

“

(a) the chairperson or deputy chairperson; and

”;

(b) in paragraph (d), by deleting “clerk of courts” and inserting instead —

“ court registrar ”.

5.             Regulation 12 repealed

Regulation 12 is repealed.

6.             Regulation 14 repealed

Regulation 14 is repealed.

28 September 2007 GOVERNMENT GAZETTE, WA 4929

7.             Regulation 14AG amended

After regulation 14AG(1) the following subregulation is
inserted —

“

(1a)	A licensee who fails to maintain a register in accordance with subregulation (1) commits an offence.
Penalty: $5 000.

”.

8.             Regulation 15 repealed

Regulation 15 is repealed.

9.             Regulation 18B amended

(1) Regulation 18B(2) is repealed and the following subregulations
are inserted instead —

“

(2) An application for a proof of age card is to be made in a form approved by the Director and be accompanied by —

(a)	such proof of the applicant’s identity and residential address in this State as the Director may require; and
(b)	the appropriate fee set out in Schedule 3.

(2a) Without limiting subregulation (2)(a), the Director may
require an applicant for a proof of age card to provide
2 identical colour photographs (of the size required for
a passport) of the applicant, taken within the 6 months
immediately preceding the date of the application, with
each photograph bearing the endorsement set out in
subregulation (4) and the signature of the approved
person who makes that endorsement.

”.

(2) Regulation 18B(3) is amended after “include” by inserting —
“

, for use on the proof of age card, a photograph of the

applicant and

”.

(3) After regulation 18B(3) the following subregulations are
inserted —

“

(3a)	In subregulation (3) —
“photograph” includes a negative or an image stored

electronically.

(3b) The Director is to ensure that any photograph or
signature provided under subregulation (3) (including
any image or reproduction stored electronically) is
destroyed if the photograph or signature, or an image

4930 GOVERNMENT GAZETTE, WA 28 September 2007

or reproduction of it, has not been used on a proof of age card issued within the period of 5 years after the photograph or signature was provided.

(3c) If a photograph of an applicant provided under
subregulation (3) is required to be destroyed under
subregulation (3b), any photograph of the applicant
provided under subregulation (2) is also required to be
destroyed.

”.

(4)	Regulation 18B(4) is amended by deleting “subregulation (2)(b)” and inserting instead —
“ subregulation (2a) ”.
(5)	Regulation 18B(5) is amended as follows:

(a)

by deleting paragraph (c) of the definition of “approved “

(c) Oaths, Affidavits and
Statutory Declarations Act 2005, is an

who, under the declaration.

”;

(b) by deleting the definition of “sufficient documentary evidence of the applicant’s identity and age”.

10.           Regulation 18EB amended

After regulation 18EB(2)(d) the following paragraph is
inserted —

“

(da) the full name of any approved manager who
was on duty when the incident took place;

”.

11.           Regulation 27 amended

Regulation 27(3) is amended in the Table after “r. 14AE(3)” by
inserting —

“ r. 14AG(1a) ”.

12.           Schedule 1 amended

Schedule 1 is amended as follows:

(a) in Forms 19, 19A and 20 by deleting “Liquor Licensing Act 1988” in each place where it occurs and inserting instead —

“ Liquor Control Act 1988 ”;

(b) in Form 20 —

(i)      by deleting “complaint” and inserting instead —

“ application ”;

28 September 2007 GOVERNMENT GAZETTE, WA 4931

(ii)      by deleting “complainant” and inserting instead —

“ applicant ”;

(c) by deleting Forms 21 and 22 and inserting instead —

“

Form 21

Liquor Control Act 1988	Notice No.
Infringement notice	Date of notice
Alleged	Name: Family name
offender	Given names Address ______________________________________________

Postcode

Date of birth	Male / Female
Driver’s licence No. (if available)

Alleged	Description of offence ___________________________________
offence	Liquor Control Act 1988 s. ________ Liquor Control Regulations 1989 r. _________ Location where offence committed Name of premises (if applicable)____________________________________________ Address ______________________________________________

Postcode

Date / /20 Time a.m./p.m.

Modified penalty $

Officer	Name
issuing notice	Signature Station No.
Notice to	It is alleged that you have committed the above offence.
alleged	If you do not want to be prosecuted in court for the offence, pay
offender	the modified penalty within 28 days after the date of this notice. How to pay

By post: Send a cheque, money order or postal note

and the ‘Cashier’s Copy’ of this notice to:

Director of Liquor Licensing
PO Box 6119

East Perth WA 6892

In person: Take the ‘Cashier’s Copy’ of this notice and pay

the cashier at:

Department of Racing, Gaming and Liquor
1st floor, Hyatt Centre

87 Adelaide Terrace, East Perth WA

or at any Magistrates Court.

If you do not pay the modified penalty within 28 days, you
may be prosecuted or enforcement action may be taken under
the Fines, Penalties and Infringement Notices Enforcement
Act 1994. Under that Act your driver’s licence and/or vehicle
licence may be suspended.
If you need more time to pay the modified penalty, you can
apply for an extension of time by writing to the Director of
Liquor Licensing at the above postal address.

If you want this matter to be dealt with by prosecution in court, sign the ‘Cashier’s Copy’ of this notice here __________________________________________________ and post it to the Director of Liquor Licensing at the above postal address within 28 days after the date of this notice.

4932 GOVERNMENT GAZETTE, WA 28 September 2007

Form 22

Liquor Control Act 1988	Withdrawal No.
Withdrawal of infringement notice	Date of withdrawal
Alleged	Name: Family name
offender	Given names Address ______________________________________________

Postcode

Infringement	Infringement notice No.
notice	Date of issue / /20
Alleged	Description of offence ___________________________________
offence	Liquor Control Act 1988 s. ________ Liquor Control Regulations 1989 r. _________ Location where offence committed Name of premises (if applicable)____________________________________________ Address ______________________________________________

Postcode

Date / /20 Time a.m./p.m.

Officer	Director of Liquor Licensing
withdrawing	Signature
notice
Withdrawal of	The above infringement notice issued against you has been
infringement	withdrawn.
notice	If you have already paid the modified penalty for the alleged
offence you are entitled to a refund.
[*delete	* Your refund is enclosed.
whichever
is not applicable]	or
* If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to:

Director of Liquor Licensing
PO Box 6119

East Perth WA 6892

Signature / /20

”.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.