{"id":"liquor-control-jigalong-restricted-area-regulations-2009","name":"Liquor Control (Jigalong Restricted Area) Regulations 2009","slug":"liquor-control-jigalong-restricted-area-regulations-2009","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178634,"registerId":"wa-liquor-control-jigalong-restricted-area-regulations-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Liquor Control (Jigalong Restricted Area) Regulations 2009","content":"![Crest]()Western Australia\n\nLiquor Control Act 1988\n\nLiquor Control (Jigalong Restricted Area) Regulations 2009\n\nWestern Australia\n\nLiquor Control (Jigalong Restricted Area) Regulations 2009\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Term used: Jigalong Aboriginal Community 1\n\n5. Declaration of restricted area 2\n\n6. Notice of restricted area 2\n\n7. Prohibitions as to liquor in Jigalong Aboriginal Community 2\n\n8. Seizure and disposal of containers of liquor 3\n\n9. Period during which these regulations have effect 3\n\nNotes\n\nCompilation table 4\n\nOther notes 4\n\nDefined terms\n\n  \n\nLiquor Control Act 1988\n\nLiquor Control (Jigalong Restricted Area) Regulations 2009\n\n##### 1. Citation\n\n\t\tThese regulations are the *Liquor Control (Jigalong Restricted Area) Regulations 2009*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on the day after that day.\n\n##### 3. Term used: Jigalong Aboriginal Community\n\nIn these regulations —\n\nJigalong Aboriginal Community means the area of the land the subject of —\n\n(a) Reserve 41265 being the whole of the land in Certificates of Crown Land Title Volume LR3167 Folios 881, 884 and 887 to 915;\n\n(b) Pastoral Lease N049404 being the whole of the land in Certificate of Crown Land Title Volume LR3147 Folio 908;\n\n(c) Pastoral Lease N049546 being the whole of the land in Certificate of Crown Land Title Volume LR3167 Folio 883.\n\n[Regulation 3 amended: SL 2020/42 r. 4.]\n\n[**4.** Deleted: SL 2020/42 r. 5.]\n\n##### 5. Declaration of restricted area\n\nThe Jigalong Aboriginal Community is declared to be a restricted area for the purposes of section 175(1a) of the Act.\n\n##### 6. Notice of restricted area\n\n(1) The Director of Liquor Licensing must take all reasonable steps to cause to be posted, and while the Jigalong 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 Jigalong Aboriginal Community a notice —\n\n(a) describing the offences set out in regulation 7; and\n\n(b) specifying the penalties for those offences.\n\n(2) A failure to comply with subregulation (1) does not invalidate the declaration in regulation 5.\n\n##### 7. Prohibitions as to liquor in Jigalong Aboriginal Community\n\n(1) A person who —\n\n(a) brings liquor into, or causes liquor to be brought into, the Jigalong Aboriginal Community; or\n\n(b) has liquor in his or her possession in the Jigalong Aboriginal Community,\n\ncommits an offence.\n\nPenalty:\n\n(a) if subregulation (2) applies — a fine of $5 000;\n\n(b) in any other case — a fine of $2 000.\n\n(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.\n\n##### 8. Seizure and disposal of containers of liquor\n\nDespite 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.\n\n##### 9. Period during which these regulations have effect\n\nUnless sooner repealed, these regulations have effect for the period that ends at the close of 1 May 2034.\n\n[Regulation 9 inserted: SL 2020/42 r. 6; amended: SL 2023/26 r. 7; SL 2024/46 r. 4.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Liquor Control (Jigalong Restricted Area) Regulations 2009* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Liquor Control (Jigalong Restricted Area) Regulations 2009* 1 | 1 May 2009 p. 1438-40 | r. 1 and 2: 1 May 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 2 May 2009 (see r. 2(b)) |\n| *Liquor Control (Jigalong Restricted Area) Amendment Regulations 2011* | 29 Apr 2011 p. 1534‑5 | r. 1 and 2: 29 Apr 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 30 Apr 2011 (see r. 2(b)) |\n| *Liquor Control (Jigalong Restricted Area) Amendment Regulations 2014* | 4 Apr 2014 p. 884 | r. 1 and 2: 4 Apr 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 5 Apr 2014 (see r. 2(b)) |\n| *Liquor Control (Jigalong Restricted Area) Amendment Regulations 2017* | 21 Apr 2017 p. 2181 | r. 1 and 2: 21 Apr 2017 (see r. 2(a));   Regulations other than r. 1 and 2: 22 Apr 2017 (see r. 2(b)) |\n| *Liquor Control (Jigalong Restricted Area) Amendment Regulations 2020* | SL 2020/42 24 Apr 2020 | r. 1 and 2: 24 Apr 2020 (see r. 2(a));   Regulations other than r. 1 and 2: 25 Apr 2020 (see r. 2(b)) |\n| *Racing and Gaming Regulations Amendment (Liquor Control) Regulations 2023* Pt. 3 | SL 2023/26 6 Apr 2023 | 7 Apr 2023 (see r. 2(b)) |\n| *Racing and Gaming Regulations Amendment (Liquor Control) Regulations (No. 2) 2024* Pt. 2 | SL 2024/46 17 Apr 2024 | 18 Apr 2024 (see r. 2(b)) |\n\n\nOther notes\n\n1 These regulations expire at the close of 1 May 2034 (see r. 9).\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\nJigalong Aboriginal Community 3\n\n© State of Western Australia 2024.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2024.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: creating alcohol restrictions for the Jigalong Aboriginal Community. The amendments since 2009 have been minor housekeeping — updating the expiry date (extended from 2014 to 2034 in stages) and removing an obsolete regulation. The core prohibition in regulation 7 and the geographic definition in regulation 3 remain substantively unchanged."},"complexity_factors":["Only 1 defined term in the interpretation section (regulation 3)","No nested exceptions or conditional logic — prohibitions are absolute with only a simple penalty tier based on offender status","Minimal cross-referencing — only references to sections 155 and 175 of the parent Liquor Control Act 1988","Straightforward structure: citation, commencement, definition, declaration, notice requirements, prohibitions, enforcement powers, sunset clause","No delegated legislative powers or complex administrative procedures","Geographic scope defined by reference to specific land titles rather than descriptive boundaries (slightly technical but unambiguous)"],"plain_english_summary":"**What this does:**\nThese regulations create a **dry zone** (called a \"restricted area\") for the Jigalong Aboriginal Community in Western Australia. They make it illegal to bring alcohol into the community, have alcohol there, or cause alcohol to be brought there.\n\n**Who it affects:**\n- **Everyone** entering the Jigalong Aboriginal Community — visitors, residents, and workers alike\n- **Licensees and businesses** (pubs, bottle shops, etc.) face **harsher penalties** ($5,000) than ordinary people ($2,000)\n- **Police**, who can seize and destroy any alcohol they reasonably suspect is in the area illegally\n\n**The specific area covered:**\nThe rules apply to specific parcels of land defined by Crown land titles and pastoral leases — essentially the Jigalong Aboriginal Community lands.\n\n**Key rules:**\n- **No possession**: You cannot have alcohol in your possession in the community\n- **No importation**: You cannot bring alcohol in or arrange for it to be brought in\n- **Police powers**: Cops can grab any booze they suspect is there illegally — opened or unopened — and get rid of it\n- **Signage**: The Director of Liquor Licensing must post notices at entry points warning people about the rules, but if they forget, the rules still apply\n\n**Why it matters:**\nThese are **special alcohol restrictions** targeting a specific remote Aboriginal community. They're designed to reduce alcohol-related harm but have been controversial — they impose criminal penalties for possessing alcohol in a specific geographic area, effectively creating a \"prescribed area\" with different laws than surrounding regions. The regulations automatically expire on **1 May 2034** unless repealed earlier.\n\n**Penalty structure:**\n- Regular folks: $2,000 fine\n- Licensees, venue managers, or company directors: $5,000 fine"},"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"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument continues to implement a geographically limited prohibition on bringing or possessing liquor in the Jigalong Aboriginal Community. Amendments recorded in the compilation (updates to the land description in Regulation 3, deletion of a now-omitted Regulation 4, and extensions/updates to the expiry date in Regulation 9) are refinements to the definition, form and duration rather than a substantial expansion of the original subject-matter. In other words, the regulations retain their original, narrow purpose (establishing and enforcing a local restricted area under the Liquor Control Act) rather than growing beyond that scope."},"complexity_factors":["Short instrument: 9 substantive regulations (including citation and commencement).","Single defined term (Jigalong Aboriginal Community) with specific land-parcel references (Regulation 3).","Two-tiered penalty structure with a special higher penalty for licence-holders/managers/directors (Regulation 7).","Cross-references to the Liquor Control Act: section 175(1a) (declaration power) and sections 155(4)–(5) (seizure/disposal) — external legal dependence increases checking needs (Regulations 5 and 8).","Operational requirements with discretionary language: \"take all reasonable steps\" to post notices (Regulation 6(1)) introduces interpretive uncertainty. ","Police discretion to seize and dispose \"as soon as practicable\" on reasonable grounds (Regulation 8) — operational and evidential implications. ","Temporal limit/expiry provision (Regulation 9) and multiple amendment history entries in the compilation table create a need to track amendments for currency.","Amendments noted (e.g. Reg 3 amended, Reg 4 deleted, Reg 9 inserted/amended) require consulting amendment instruments to see historical changes."],"plain_english_summary":"**What these regulations do (mechanics)**\n\n- They declare the Jigalong Aboriginal Community to be a formal \"restricted area\" for the purposes of the Liquor Control Act (Regulation 5).\n- While the area remains restricted the Director of Liquor Licensing must take reasonable steps to post notices at each customary access route into the community that explain the offences in these regulations and the penalties (Regulation 6).  A failure to post notices does not invalidate the restricted-area declaration (Regulation 6(2)).\n- It is an offence to either bring liquor into the Jigalong Aboriginal Community or to have liquor in one’s possession there (Regulation 7(1)).  The statutory penalties are:\n  - $5,000 where the offender is a licensee, the manager of licensed premises or a director of a corporate licence-holder (Regulation 7(2)); or\n  - $2,000 in any other case (Regulation 7 penalty table).\n- Police have explicit power to seize and, as soon as practicable, dispose of opened or unopened containers of liquor they reasonably suspect are the subject of an offence under these regulations, despite the usual limits in the Act (Regulation 8).\n- The regulations define the geographic limits of the Jigalong Aboriginal Community by reference to particular reserve and pastoral-lease land parcels (Regulation 3).  They remain in force until the close of 1 May 2034 unless repealed earlier (Regulation 9).\n\n**Who is affected**\n\n- Residents and visitors to the defined Jigalong Aboriginal Community (the primary subjects of the prohibition on possession and carriage of liquor) (Regulations 3 and 7).\n- Licensees, managers of licensed premises and directors of corporate licence-holders who enter or bring liquor into the area face a higher monetary penalty ($5,000) than private individuals (Regulation 7(2)).\n- The Director of Liquor Licensing has a mandatory communication duty to try to post notices at customary access points (Regulation 6(1)).\n- Police gain an express enforcement power to seize and dispose of containers of liquor suspected to be involved in an offence under these regulations (Regulation 8).\n\n**Why it matters (practical effects and implementation mechanics)**\n\n- The regulations change behaviour by attaching criminal penalties to bringing or possessing liquor in the defined area (Regulation 7).  That creates legal disincentives for possession and carriage of alcohol inside the community.\n- The higher penalty for licensees and managers (Regulation 7(2)) places a stronger compliance burden on businesses and their responsible officers, which is likely to alter how licence-holders supply or permit alcohol in relation to that community (for example, by refusing sales or transport into the area).\n- Police seizure and disposal powers (Regulation 8) remove seized product from circulation quickly; enforcement therefore does not rely solely on post-offence prosecution and court-ordered forfeiture.  That creates an administrative enforcement pathway where the product can be removed on the spot.\n- The Director’s requirement to post notices (Regulation 6) creates an information-cost that the regulator must bear and that, if complied with, reduces arguments that community members were unaware of the prohibition; but the regulation preserves the restricted-area declaration even if posting is not achieved (Regulation 6(2)).\n\n**Costs, incentives and trade-offs (concrete mechanisms)**\n\n- Who pays: private individuals and licence-holders bear the fines if convicted (Regulation 7). Police and the Director of Liquor Licensing bear enforcement and communications costs respectively (Regulations 6 and 8).\n- Incentives for businesses: licence-holders face higher penalties ($5,000) for offences by themselves or their managers/directors, so they face stronger incentives to refuse sales or transport that might result in liquor entering the area (Regulation 7(2)).\n- Enforcement costs and discretion: Police have a discretion to seize and dispose of containers on reasonable grounds (Regulation 8). That gives them a quick enforcement tool but raises practical questions about the exercise of that discretion and record-keeping for disposal.\n- Compliance and substitution effects: the prohibition may reduce lawful carriage and possession of alcohol inside the community but could lead to substitution (e.g., travel outside the area to obtain alcohol, informal supply networks). These are potential behavioural responses implied by making possession and carriage unlawful; the regulation sets the legal reward/cost structure but does not itself regulate downstream behaviours outside the restricted area (Regulation 7).\n\n**Cross-references and limits**\n\n- The declaration is made under the Liquor Control Act (see the stated purpose in Regulation 5 referencing section 175(1a)).  Police seizure powers under Regulation 8 operate \"despite\" sections 155(4) and (5) of the Act, which means this instrument modifies the Act’s usual rule on seizure/disposal in this local context.\n\n**Implementation risks and administrative notes**\n\n- The requirement to post notices at each customary access route is phrased as a best-efforts obligation (\"take all reasonable steps\") (Regulation 6(1)), which leaves room for debate about what is reasonable in remote or multiple-access settings.\n- The regulations explicitly identify the land parcels that define the community (Regulation 3).  Any change to those land descriptions (or disputes about boundaries) would affect where the prohibitions apply and could create practical enforcement issues.\n\n(References: Regulations 3, 5–9.)"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient data to assess whether scope changed from original intent. The legislative text was not available for review."},"complexity_factors":["No legislative text was retrievable — analysis is based solely on the title","Restricted area regulations of this type are typically short and formulaic in structure","The underlying enabling Act (Liquor Control Act 1988) adds some complexity as context, but the regulations themselves are usually straightforward","Geographic and community-specific application narrows scope, reducing interpretive complexity"],"plain_english_summary":"These regulations designate the Jigalong community in Western Australia as a liquor-restricted area under the Liquor Control Act 1988, making it an offence to bring, possess, or consume alcohol there. They aim to reduce alcohol-related harm in the remote Aboriginal community and are typically made in consultation with local residents, though the actual regulation text could not be retrieved for full confirmation."}},"importantCases":[],"_links":{"self":"/api/acts/liquor-control-jigalong-restricted-area-regulations-2009","history":"/api/acts/liquor-control-jigalong-restricted-area-regulations-2009/history","analysis":"/api/acts/liquor-control-jigalong-restricted-area-regulations-2009/analysis","conflicts":"/api/acts/liquor-control-jigalong-restricted-area-regulations-2009/conflicts","importantCases":"/api/acts/liquor-control-jigalong-restricted-area-regulations-2009/important-cases","documents":"/api/acts/liquor-control-jigalong-restricted-area-regulations-2009/documents"}}