{"id":"government-railways-sale-and-consumption-of-liquor-bylaw-1971","name":"Government Railways (Sale and Consumption of Liquor) By-law 1971","slug":"government-railways-sale-and-consumption-of-liquor-by-law-1971","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176716,"registerId":"wa-government-railways-sale-and-consumption-of-liquor-bylaw-1971-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Government Railways (Sale and Consumption of Liquor) By-law 1971","content":"![Crest]()Western Australia\n\nGovernment Railways Act 1904\n\nGovernment Railways (Sale and Consumption of Liquor) By-law 1971\n\n- **Reprinted under the *Reprints Act 1984* as**\n- **at 7 May 2004**\n\n\nWestern Australia\n\nGovernment Railways (Sale and Consumption of Liquor) By-law 1971\n\nContents\n\n1AA. Citation 1\n\n1. Interpretation 1\n\n1A. Application 1\n\n2. Consumption of liquor 2\n\n3. Private liquor not to be consumed on train 2\n\n4. Liquor not to be taken onto a train 2\n\n5. Sale of liquor to intoxicated persons or minors 2\n\n6. Identification may be requested 3\n\n7. Penalty 3\n\nSchedule\n\nNotes\n\nCompilation table 5\n\n  \n\n- Crest **Reprinted under the *Reprints Act 1984* as**\n- **at 7 May 2004**\n\n\nWestern Australia\n\nGovernment Railways Act 1904\n\nGovernment Railways (Sale and Consumption of Liquor) By‑law 1971\n\n##### 1AA. Citation\n\n(1) This by‑law may be cited as the *Government Railways (Sale and Consumption of Liquor) By‑law 1971* 1.\n\n(2) The main legislative units of this by‑law are called rules, and a rule may contain 2 or more subrules (this sentence, for example, being subrule (2) of rule 1AA).\n\n[Rule 1AA inserted: Gazette 12 Dec 2003 p. 5045.]\n\n##### 1. Interpretation\n\nIn this by‑law, unless the contrary intention appears —\n\nliquor has the same meaning as it has in and for the purposes of the *Liquor Licensing Act 1988.*\n\n[Rule 1 amended: Gazette 12 Dec 2003 p. 5045.]\n\n##### 1A. Application\n\nThis by‑law applies to journeys that involve travel outside the metropolitan region (as described in the Third Schedule to the *Metropolitan Region Town Planning Scheme Act 1959*).\n\n[Rule 1A inserted: Gazette 30 Dec 1994 p. 7334; amended: Gazette 12 Dec 2003 p. 5045.]\n\n##### 2. Consumption of liquor\n\nA person shall not, except in a place set aside by the Authority for the consumption of liquor, consume liquor in or on any railway carriage, omnibus, land, building or station or in or on any property held or used by the Authority in connection with or for the purposes of a railway.\n\n[Rule 2 amended: Gazette 12 Dec 2003 p. 5046.]\n\n[**2A.** Deleted: Gazette 12 Dec 2003 p. 5045.]\n\n##### 3. Private liquor not to be consumed on train\n\nA person shall not consume liquor on a train other than liquor sold by or under the authority of the Authority on the train.\n\n[Rule 3 amended: Gazette 12 Dec 2003 p. 5046.]\n\n##### 4. Liquor not to be taken onto a train\n\nA person shall not take liquor on to a train other than liquor for sale on or transportation by that train by or under the authority of the Authority.\n\n[Rule 4 amended: Gazette 12 Dec 2003 p. 5046.]\n\n##### 5. Sale of liquor to intoxicated persons or minors\n\nA person shall not on any train —\n\n(a) supply liquor, or cause or permit the supply of liquor, to a person who is, at the time, in a state of intoxication or is visibly affected by liquor to the extent that any further consumption of liquor by him is liable to induce a state of intoxication;\n\n(b) sell or supply or permit the sale or supply of liquor to a person under the age of 18 years.\n\n##### 6. Identification may be requested\n\nWhere a servant or agent of the Authority suspects that a person who has requested the sale of, or is consuming, liquor on any train is, or may be, under the age of 18 years, the servant or agent may require that person to furnish him with a certificate, in the form set out in the schedule to this by‑law, specifying the age of the person so suspected and signed by that person; and a person required to furnish a certificate under this by‑law —\n\n(a) shall not fail, without lawful excuse, to furnish the certificate; and\n\n(b) shall not furnish a certificate that is false or misleading in any material particular.\n\n[Rule 6 amended: Gazette 12 Dec 2003 p. 5046.]\n\n##### 7. Penalty\n\nAny person guilty of a breach of this by‑law is liable to a penalty of $200.\n\n[Rule 7 amended: Gazette 30 Dec 1994 p. 7335.]\n\nSchedule\n\nCertificate as to Age\n\nI, ............................................................................................................................. of ..........................................................................................................................., hereby certify that my true age is ................................................................ years. I was born at ........................................................................................................... on ..................................................................................\n\nDated this .............................. day of ....................................., 20.......\n\n........................................................  \nSignature.\n\nNotes\n\n1 This reprint is a compilation as at 7 May 2004 of the *Government Railways (Sale and Consumption of Liquor) By-law 1971* and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *By‑law 91 — Sale and Consumption of Liquor*2 | 15 Jan 1971 p. 145‑6 | 15 Jan 1971 |\n| *Railways By‑laws Amendment By‑laws 1994* bl. 19 | 30 Dec 1994 p. 7332‑5 | 1 Jan 1995 (see bl. 2 and *Gazette* 30 Dec 1994 p. 7211) |\n| *Government Railways Amendment and Repeal By‑laws 2003* bl. 5 | 12 Dec 2003 p. 5041‑7 | 12 Dec 2003 |\n| **Reprint 1: The *Government Railways (Sale and Consumption of Liquor) By‑law 1971* as at 7 May 2004** (includes amendments listed above) | | |\n\n\n2 Now known as the *Government Railways (Sale and Consumption of Liquor) By‑law 1971*; citation changed (see note under r. 1AA).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nliquor 1\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text is unavailable. The title suggests a narrowly scoped instrument dealing specifically with liquor on government railways, with no evidence from the available information of any scope change from original intent."},"complexity_factors":["No legislative text is available for analysis — the page has been removed from the WA legislation website","Cannot assess complexity of the actual by-law provisions","Title alone suggests a narrow, specific regulatory instrument of limited scope","By-laws of this era were typically straightforward operational rules"],"plain_english_summary":"This 1971 Western Australian by-law likely governed the sale and consumption of alcohol on government railways (on trains and at stations). It would have affected passengers, railway staff, and operators by setting rules for alcohol use on railway property.\n\nThe by-law’s text is unavailable online and may have been repealed or consolidated; if it matters to you, contact WA’s Parliamentary Counsel or search the legislation register."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The by-law remains tightly focused on its original purpose of regulating alcohol consumption and sale on government railways. While it has been amended twice (1994 and 2003), these changes were technical updates—adding the metropolitan region exemption, modernising language, and inserting standard citation provisions—rather than expanding the scope beyond alcohol regulation on trains."},"complexity_factors":["Only 1 defined term ('liquor') in the interpretation section","Straightforward prohibitions without nested exceptions or conditional logic","No cross-references to other legislation beyond the definitional reference to the Liquor Licensing Act 1988","Simple penalty structure: single flat fine of $200 for any breach","Short document: 7 substantive rules plus a schedule with a basic form","Clear territorial limitation (applies only outside metropolitan region)"],"plain_english_summary":"This Western Australian by-law from 1971 sets the rules for drinking alcohol on government trains and railway property.\n\n**What it does:**\n- **Bans BYO alcohol**: You can't bring your own alcohol onto trains or drink it there. You can only drink alcohol bought from the railway authority itself, and only in designated areas.\n- **Restricts where drinking happens**: Alcohol can only be consumed in specific places set aside by the railway authority—not just anywhere on the train or station.\n- **Protects vulnerable people**: It's illegal to sell or give alcohol to someone who is already drunk, or to anyone under 18 years old.\n- **Allows age checks**: Railway staff can ask anyone they suspect is under 18 to fill out a formal certificate stating their age. It's an offence to refuse or lie on this form.\n- **Sets penalties**: Breaking these rules can result in a $200 fine.\n\n**Who it affects:**\n- Passengers on Western Australian government trains travelling outside the Perth metropolitan area\n- Railway staff who sell or serve alcohol\n- Anyone trying to bring their own drinks onto regional trains\n\n**Why it matters:**\nThis by-law creates a controlled environment for alcohol service on regional trains—essentially treating the railway like a licensed venue with its own house rules. It prevents anti-social behaviour from passengers bringing their own alcohol while allowing the railway to manage responsible service through its own staff."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The by‑law’s territorial scope was narrowed after its original enactment by insertion of rule 1A (Gazette 30 Dec 1994, amended 2003): it now applies only to journeys involving travel outside the metropolitan region (see r.1A). Amendments (including r.1 updates and r.1AA insertion in 2003) also updated definitions and formal structure (liquor is defined by reference to the Liquor Licensing Act 1988)."},"complexity_factors":["Cross-reference to external definitions and instruments (liquor defined by Liquor Licensing Act 1988; geographic scope tied to Metropolitan Region Town Planning Scheme Act 1959 Third Schedule)","Delegated discretion to the Authority to designate places for consumption and to authorise onboard sales","Enforcement powers and compliance mechanisms (staff may require an age certificate; supplying false or no certificate is an offence)","Fixed monetary penalty ($200) which may be administratively simple but legally dated","Amendment history that altered structure and scope (rules inserted and amended in 1994 and 2003)"],"plain_english_summary":"This by‑law controls the sale, carriage and drinking of alcohol on government-operated trains and associated railway property for journeys outside the metropolitan region. It gives the rail Authority the power to designate where alcohol may be sold or consumed, requires passengers to comply with age checks, and makes breaches an offence with a set penalty.\n\nIt primarily affects passengers (who may be fined and must produce age evidence when asked) and the Authority and its staff (who decide authorised areas and enforce the rules)."}},"importantCases":[],"_links":{"self":"/api/acts/government-railways-sale-and-consumption-of-liquor-by-law-1971","history":"/api/acts/government-railways-sale-and-consumption-of-liquor-by-law-1971/history","analysis":"/api/acts/government-railways-sale-and-consumption-of-liquor-by-law-1971/analysis","conflicts":"/api/acts/government-railways-sale-and-consumption-of-liquor-by-law-1971/conflicts","importantCases":"/api/acts/government-railways-sale-and-consumption-of-liquor-by-law-1971/important-cases","documents":"/api/acts/government-railways-sale-and-consumption-of-liquor-by-law-1971/documents"}}