Liquor Control (Bayulu Restricted Area) Regulations 2010 (WA)

Western Australia

Liquor Control Act 1988

Liquor Control (Bayulu Restricted Area) Regulations 2010

These regulations expired 9 Jun 2013 (see r. 9).

Western Australia

Liquor Control (Bayulu Restricted Area) Regulations 2010 Contents1. Citation 12 — Commencement3. Term used: Bayulu Aboriginal Community 14. Note is not part of regulation 25. Declaration of restricted area 26. Notice of restricted area 27. Prohibitions as to liquor in the Bayulu Aboriginal Community 28. Seizure and disposal of containers of liquor 39. Period during which these regulations have effect 3NotesCompilation table — Compilation tableDefined terms

Western Australia

Liquor Control Act 1988

Liquor Control Act 1988

Liquor Control (Bayulu Restricted Area) Regulations 2010

1.Citation

These regulations are the Liquor Control (Bayulu Restricted Area) Regulations 2010.

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.Term used: Bayulu Aboriginal Community

In these regulations —

Bayulu Aboriginal Community means the area of land described as —

• (a)

  Lot 12 on Deposited Plan 182544 being the whole of the land in Record of Qualified Certificate of Crown Land Title Volume LR3123 Folio 495; and

• (b)

  Lot 14 on Deposited Plan 183081 being the whole of the land in Record of Qualified Certificate of Crown Land Title Volume LR3123 Folio 496.

4.Note is not part of regulation

The note after regulation 9 does not form part of these regulations.

5.Declaration of restricted area

The Bayulu Aboriginal Community is declared to be a restricted area for the purposes of section 175(1a) of the Act.

6.Notice of restricted area

• (1)

  The Director of Liquor Licensing must take all reasonable steps to cause to be posted, and while the Bayulu 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 Bayulu 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.

7.Prohibitions as to liquor in the Bayulu Aboriginal Community

• (1)

  A person who —

  • (a)

    brings liquor into, or causes liquor to be brought into, the Bayulu Aboriginal Community; or

  • (b)

    has liquor in his or her possession in the Bayulu Aboriginal Community,

commits an offence.

Penalty:

• (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 on the day 3 years after the day referred to in regulation 2(b).

Note for this regulation:

Under the Liquor Control Act 1988 section 175(1d), these regulations expire at the end of the period referred to in regulation 9.

Notes

1         This is a compilation of the Liquor Control (Bayulu Restricted Area) Regulations 2010.   The following table contains information about those regulations.

Compilation table

Citation	Gazettal	Commencement
Liquor Control (Bayulu Restricted Area) Regulations 2010	8 Jun 2010 p. 2617-18	r. 1 and 2: 8 Jun 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Jun 2010 (see r. 2(b))
These regulations expired 9 Jun 2013 (see r. 9)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Bayulu Aboriginal Community..................................................................................... 3