Liquor Control (Kadjina Restricted Area) Regulations 2020 (WA)

Western Australia

Liquor Control Act 1988

Liquor Control (Kadjina Restricted Area) Regulations 2020

Western Australia

Liquor Control (Kadjina Restricted Area) Regulations 2020 ContentsPart 1 — Preliminary1. Citation 12 — Commencement3. Term used: Kadjina Aboriginal Community 1Part 2 — Restricted area4. Declaration of restricted area 25. Notice of restricted area 2Part 3 — Prohibitions and related provisions6. Prohibitions as to liquor in Kadjina Aboriginal Community 37. Seizure and disposal of containers of liquor 3Part 4 — Period of effect8. Period during which these regulations have effect 4Part 5 — Liquor Control Regulations 1989 amended9. Regulations amended 510. Regulation 27 amended 5NotesCompilation table 6Defined terms Liquor Control Act 1988

Liquor Control Act 1988

Liquor Control (Kadjina Restricted Area) Regulations 2020

Part 1 – Preliminary1.Citation

These regulations are the Liquor Control (Kadjina Restricted Area) Regulations 2020.

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: Kadjina Aboriginal Community

In these regulations —

Kadjina Aboriginal Community means —

• (a)

  the area of land described as Lot 9 on Deposited Plan 238001 and the subject of Certificate of Title LR3011/45; and

• (b)

  the area of land described as Lot 60 on Deposited Plan 238001 and the subject of Certificate of Title LR3011/50.

Part 2 – Restricted area4.Declaration of restricted area

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

5.Notice of restricted area

• (1)

  The Director of Liquor Licensing must take all reasonable steps to cause to be posted, and while the Kadjina Aboriginal Community continues to be a restricted area by operation of regulation 4 to be kept posted, at each place where a customary access route enters the Kadjina Aboriginal Community a notice —

  • (a)

    describing the offences set out in regulation 6; and

  • (b)

    specifying the penalties for those offences.

• (2)

  A failure to comply with subregulation (1) does not invalidate the declaration in regulation 4.

Part 3 – Prohibitions and related provisions6.Prohibitions as to liquor in Kadjina Aboriginal Community

• (1)

  A person commits an offence if the person —

  • (a)

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

  • (b)

    possesses liquor in the Kadjina 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.

7.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 6.

Part 4 – Period of effect8.Period during which these regulations have effect

Unless sooner repealed, these regulations have effect for the period that ends at the close of 10 October 2025.

Part 5 – Liquor Control Regulations 1989 amended9.Regulations amended

This Part amends the Liquor Control Regulations 1989.

10.Regulation 27 amended

In regulation 27(4) in the Table insert in alphabetical order:

Liquor Control (Kadjina Restricted Area) Regulations 2020 regulation 6(1)

Notes

This is a compilation of the Liquor Control (Kadjina Restricted Area) Regulations 2020. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Liquor Control (Kadjina Restricted Area) Regulations 2020	SL 2020/218 6 Nov 2020	r. 1 and 2: 6 Nov 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 7 Nov 2020 (see r. 2(b))

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)

Kadjina Aboriginal Community.................................................................................... 3