Liquor Control (Kalumburu Restricted Area) Regulations 2018 (WA)
Western Australia
Liquor Control Act 1988
Western Australia
Liquor Control Act 1988
These regulations are the
These regulations come into operation as follows —
(a) Part 1 other than regulations 3, 4 and 5 — on the day on which these regulations are published in the
Gazette ;(b) the rest of the regulations — on the day after that day.
In these regulations —
(a) 14.295430°S;
(b) 126.642314°E;
(a) 14.146047°S;
(b) 126.649881°E.
For the purposes of these regulations, a person is an
(a) staying at a place that is at least 50 km from their usual place of residence for a period of at least 1 night; and
(b) intending to stay away from their usual place of residence for a period of less than 12 months; and
(c) not in the course of travelling on a regular journey between their usual place of residence or their place of work or education; and
(d) travelling in the course of a holiday, or to visit friends or relatives, or for leisure, business or any other reason; and
(e) not usually a resident in a restricted area declared under section 175(1a) of the Act; and
(f) the holder of permission to enter the reserve on which the Kalumburu Community is located under the
Aboriginal Affairs Planning Authority Act Regulations 1972 regulation 8; and(g) in a case where the person is on community land as defined in the
Kalumburu Aboriginal Corporation By‑laws by‑law 3, the holder of permission to enter the land granted under by‑law 4 of those by‑laws.
The Kalumburu Community is declared to be a restricted area for the purposes of section 175(1a) of the Act.
(1) The Director of Liquor Licensing must take all reasonable steps to cause to be posted, and while the Kalumburu Community continues to be a restricted area by operation of regulation 6 to be kept posted, at each place where a customary access route enters the Kalumburu Community a notice —
(a) describing the offences set out in regulation 8; and
(b) specifying the penalties for those offences.
(2) A failure to comply with subregulation (1) does not invalidate the declaration in regulation 6.
(1) Subject to regulation 9, a person commits an offence if the person —
(a) brings liquor into, or causes liquor to be brought into, the Kalumburu Community; or
(b) possesses liquor in the Kalumburu 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.
(1) A person who is an exempt person does not commit an offence under regulation 8(1) if —
(a) the person is in the McGowan Island camping grounds and continuously maintains possession of, or consumes, the liquor; or
(b) the person is in any other part of the Kalumburu Community and continuously maintains possession of, but does not consume, the liquor.
(2) A person does not commit an offence under regulation 8(1) if the person brings the liquor, causes the liquor to be brought, or possesses the liquor, for the purpose of a religious service conducted by a member of clergy of the Catholic Church.
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 8.
Unless sooner repealed, these regulations have effect for the period that ends at the close of 2 March 2034.
This Part amends the
In regulation 27(4) in the Table insert in alphabetical order:
This is a compilation of the
2 Mar 2018 p. 669‑72 | Pt. 1 (other than r. 3, 4 and 5): 2 Mar 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Mar 2018 (see r. 2(b)) | |
6 Jul 2018 p. 2545 | r. 1 and 2: 6 Jul 2018 (see r. 2(a)); Regulations other than r. 1 and 2: 7 Jul 2018 (see r. 2(b)) | |
SL 2021/18 2 Feb 2021 | 3 Feb 2021 (see r. 2(b)) | |
SL 2024/13 21 Feb 2024 | 22 Feb 2024 (see r. 2(b)) |
exempt person.............................................................................................................. 3, 4
Kalumburu Community.................................................................................................. 3
McGowan Island camping grounds.............................................................................. 3
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