Liquor Control (Transitional Housing and Support Program Restricted Areas) Regulations 2016 (WA)

Western Australia

Liquor Control Act 1988

Liquor Control (Transitional Housing and Support Program Restricted Areas) Regulations 2016

Western Australia

Liquor Control (Transitional Housing and Support Program Restricted Areas) Regulations 2016 Contents1. Citation 12 — Commencement3 — Term used: THASP dwelling5. Declaration of restricted area 16. Notice of restricted area 17. Prohibitions as to liquor in a THASP dwelling 28. Seizure and disposal of containers of liquor 29. Period during which these regulations have effect 2Schedule 1 — THASP dwellingsNotesCompilation table 6Other notes 6Defined terms Liquor Control Act 1988

Liquor Control Act 1988

Liquor Control (Transitional Housing and Support Program Restricted Areas) Regulations 2016

1.Citation

These regulations are the Liquor Control (Transitional Housing and Support Program Restricted Areas) Regulations 2016.

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 1 August 2016.

3.Term used: THASP dwelling

In these regulations —

THASP dwelling means an area described in Schedule 1.

[4. Deleted: SL2021/117 r. 4.]

5.Declaration of restricted area

Each THASP dwelling 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 a THASP dwelling continues to be a restricted area by operation of regulation 5 to be kept posted, at the main entrance to the principal building included in each THASP dwelling 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 a THASP dwelling

• (1)

  A person who —

  • (a)

    brings liquor into, or causes liquor to be brought into, a THASP dwelling; or

  • (b)

    has liquor in his or her possession in a THASP dwelling,

commits an offence.

Penalty for this regulation:

• (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 at the close of 30 July 2026.

[Regulation 9 inserted: SL 2021/117 r. 5.]

Schedule 1 — THASP dwellings

[r. 3]

Table

Area	Street Address
1.	The area of land described as Lot 1 on Survey‑Strata Plan 34224, comprised in Record of Certificate of Title Volume 2126 Folio 297, but not including any part of the common property set out on the Survey‑Strata Plan	47A Baal Street, Palmyra
2.	The area of land described as Lot 764 on Deposited Plan 52790, comprised in Record of Certificate of Title Volume 2661 Folio 840	3 Yeovil Way, Leda
3.	The area of land described as Lot 292 on Deposited Plan 45203, comprised in Record of Certificate of Title Volume 2598 Folio 478	21 Lambeth Circle, Wellard
4.	The area of land described as Lot 500 on Plan 1487, comprised in Record of Certificate of Title Volume 1418 Folio 66	283 Seventh Street, Wonthella
5.	The area of land described as Lot 2510 on Deposited Plan 217460, comprised in Record of Certificate of Title Volume 1926 Folio 591	5 Stainton Place, Cable Beach
6.	The area of land described as Lot 428 on Deposited Plan 57185, comprised in Record of Certificate of Title Volume 2683 Folio 246	17 Barrgana Road, Cable Beach
7.	The area of land described as Lot 105 on Plan 21681, comprised in Record of Certificate of Title Volume 2099 Folio 723	4 Masters Way, South Hedland
8.	The area of land described as Lot 93 on Deposited Plan 44968, comprised in Record of Certificate of Title Volume 2630 Folio 814	20 Coolburra Court, Gosnells
9.	The area of land described as Lot 3 on Survey‑Strata Plan 64394, comprised in Record of Certificate of Title Volume 2817 Folio 418, but not including any part of the common property set out on the Survey‑Strata Plan	10A Tuck Street, Armadale
10.	The area of land described as Lot 2 on Strata Plan 64598, comprised in Record of Certificate of Title Volume 2789 Folio 136, but not including any part of the common property set out on the Strata Plan	43A Birkett Street, Bedford
11.	The area of land described as Lot 258 on Deposited Plan 68734, comprised in Record of Certificate of Title Volume 2768 Folio 747	22 Pyrenees Parkway, Baldivis
12.	The area of land described as Lot 2 on Plan 22949, comprised in Record of Certificate of Title Volume 2145 Folio 230	25 Eddington Road, Warwick
13.	The area of land described as Lot 2 on Strata Plan 29248, comprised in Record of Certificate of Title Volume 2524 Folio 99, but not including any part of the common property set out on the Strata Plan	17 Nethercott Street, Kalgoorlie
14.	The area of land described as Lot 1 on Strata Plan 46407, comprised in Record of Certificate of Title Volume 2227 Folio 599, but not including any part of the common property set out on the Strata Plan	8 Graeme Street, Lamington
15.	The area of land described as Lot 3 on Survey‑Strata Plan 61300, comprised in Record of Certificate of Title Volume 2775 Folio 598, but not including any part of the common property set out on the Survey‑Strata Plan	Unit 3, 3 Harris Street, Carlisle

[Schedule 1 amended: SL 2021/117 r. 6.]

Notes

This is a compilation of the Liquor Control (Transitional Housing and Support Program Restricted Areas) Regulations 2016 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Liquor Control (Transitional Housing and Support Program Restricted Areas) Regulations 2016 1	26 Jul 2016 p. 3163‑72	r. 1 and 2: 26 Jul 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Aug 2016 (see r. 2(b))
Liquor Control (Transitional Housing and Support Program Restricted Areas) Amendment Regulations 2021	SL 2021/117 2 Jul 2021	r. 1 and 2: 2 Jul 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Jul 2021 (see r. 2(b))

Other notes

1         These regulations expire at the close of 30 Jul 2026 (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)

THASP dwelling.............................................................................................................. 3