{"id":"liquor-control-kalumburu-restricted-area-regulations-2018","name":"Liquor Control (Kalumburu Restricted Area) Regulations 2018","slug":"liquor-control-kalumburu-restricted-area-regulations-2018","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178652,"registerId":"wa-liquor-control-kalumburu-restricted-area-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Liquor Control (Kalumburu Restricted Area) Regulations 2018","content":"![Crest]()Western Australia\n\nLiquor Control Act 1988\n\nLiquor Control (Kalumburu Restricted Area) Regulations 2018\n\nWestern Australia\n\nLiquor Control (Kalumburu Restricted Area) Regulations 2018\n\nContents\n\nPart 1 — Preliminary\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Exempt person 2\n\nPart 2 — Restricted area\n\n6. Declaration of restricted area 3\n\n7. Notice of restricted area 3\n\nPart 3 — Prohibitions and related provisions\n\n8. Prohibitions as to liquor in the Kalumburu Community 4\n\n9. Exceptions to r. 8 4\n\n10. Seizure and disposal of containers of liquor 5\n\nPart 4 — Period of effect\n\n11. Period during which these regulations have effect 6\n\nPart 5 — *Liquor Control Regulations 1989* amended\n\n12. Regulations amended 7\n\n13. Regulation 27 amended 7\n\nNotes\n\nCompilation table 8\n\nOther notes 8\n\nDefined terms\n\n  \n\nLiquor Control Act 1988\n\nLiquor Control (Kalumburu Restricted Area) Regulations 2018\n\n## Part 1 — Preliminary\n\n##### 1. Citation\n\n\t\tThese regulations are the *Liquor Control (Kalumburu Restricted Area) Regulations 2018*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) Part 1 other than regulations 3, 4 and 5 — 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. Terms used\n\nIn these regulations —\n\nexempt person has the meaning given in regulation 4;\n\nKalumburu Community means the area of land within a radius of 20 km of the point with the following Geocentric Datum of Australia 2020 (GDA2020) coordinates —\n\n(a) 14.295430°S;\n\n(b) 126.642314°E;\n\nMcGowan Island camping grounds means the area of land within a radius of 500 m of the point with the following Geocentric Datum of Australia 2020 (GDA2020) coordinates —\n\n(a) 14.146047°S;\n\n(b) 126.649881°E.\n\n[Regulation 3 amended: SL 2021/18 r. 4.]\n\n##### 4. Exempt person\n\nFor the purposes of these regulations, a person is an exempt person if the person is —\n\n(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\n\n(b) intending to stay away from their usual place of residence for a period of less than 12 months; and\n\n(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\n\n(d) travelling in the course of a holiday, or to visit friends or relatives, or for leisure, business or any other reason; and\n\n(e) not usually a resident in a restricted area declared under section 175(1a) of the Act; and\n\n(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\n\n(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.\n\n[**5.** Deleted: SL 2021/18 r. 5.]\n\n## Part 2 — Restricted area\n\n##### 6. Declaration of restricted area\n\nThe Kalumburu Community is declared to be a restricted area for the purposes of section 175(1a) of the Act.\n\n##### 7. 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 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 —\n\n(a) describing the offences set out in regulation 8; 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 6.\n\n## Part 3 — Prohibitions and related provisions\n\n##### 8. Prohibitions as to liquor in the Kalumburu Community\n\n(1) Subject to regulation 9, a person commits an offence if the person —\n\n(a) brings liquor into, or causes liquor to be brought into, the Kalumburu Community; or\n\n(b) possesses liquor in the Kalumburu Community.\n\nPenalty for this subregulation:\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##### 9. Exceptions to r. 8\n\n(1) A person who is an exempt person does not commit an offence under regulation 8(1) if —\n\n(a) the person is in the McGowan Island camping grounds and continuously maintains possession of, or consumes, the liquor; or\n\n(b) the person is in any other part of the Kalumburu Community and continuously maintains possession of, but does not consume, the liquor.\n\n(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.\n\n[Regulation 9 amended: Gazette 6 Jul 2018 p. 2545.]\n\n##### 10. 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 8.\n\n## Part 4 — Period of effect\n\n##### 11. Period during which these regulations have effect\n\nUnless sooner repealed, these regulations have effect for the period that ends at the close of 2 March 2034.\n\n[Regulation 11 inserted: SL 2021/18 r. 6; amended: SL 2024/13 r. 4.]\n\n## Part 5 — *Liquor Control Regulations 1989* amended\n\n##### 12. Regulations amended\n\nThis Part amends the *Liquor Control Regulations 1989*.\n\n##### 13. Regulation 27 amended\n\nIn regulation 27(4) in the Table insert in alphabetical order:\n\n| *Liquor Control (Kalumburu Restricted Area) Regulations 2018* regulation 8(1) |\n| --- |\n\n\n![]()\n\nNotes\n\nThis is a compilation of the *Liquor Control (Kalumburu Restricted Area) Regulations 2018* 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 (Kalumburu Restricted Area) Regulations 2018* 1 | 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)) |\n| *Liquor Control (Kalumburu Restricted Area) Amendment Regulations 2018* | 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)) |\n| *Racing and Gaming Regulations Amendment (Liquor Control) Regulations 2021* Pt. 2 | SL 2021/18 2 Feb 2021 | 3 Feb 2021 (see r. 2(b)) |\n| *Racing and Gaming Regulations Amendment (Liquor Control) Regulations 2024* Pt. 2 | SL 2024/13 21 Feb 2024 | 22 Feb 2024 (see r. 2(b)) |\n\n\nOther notes\n\n1 These regulations expire at the close of 2 Mar 2034 (see r. 11).\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\nexempt person 3, 4\n\nKalumburu Community 3\n\nMcGowan Island camping grounds 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":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient information to assess whether scope changed from original intent. The legislation text is not accessible. Based on the title alone, the regulations appear consistent with a standard community alcohol restriction instrument, which typically has a narrow and specific purpose that does not commonly expand beyond its original intent."},"complexity_factors":["Legislation text is entirely unavailable — analysis is based solely on the title","Restricted area regulations of this type are typically short and formulaic in structure","The underlying Act (Liquor Control Act 1988) contains the substantive legal framework, making the regulations themselves relatively narrow in scope","Geographic boundary definitions can add some complexity depending on how Kalumburu's boundaries are described"],"plain_english_summary":"These regulations (under the Liquor Control Act 1988) appear to designate Kalumburu as an alcohol‑restricted area, making it an offence to bring, possess or consume alcohol there. They affect anyone living in, visiting, or transporting goods through the Kalumburu area and are intended to reduce alcohol‑related harm.\n\nCaveat: the full text is unavailable—consult the Parliamentary Counsel’s Office or the gazette for operative provisions, penalties, boundaries, or exemptions."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope: creating a specific alcohol restricted area for Kalumburu Community with limited tourist exemptions. Amendments since 2018 have been minor (deleting spent provisions, extending the expiry date to 2034, adjusting commencement details) without expanding the substantive scope beyond alcohol control in this specific geographic area."},"complexity_factors":["Short length (13 regulations, approximately 4 pages)","Only 3 defined terms in the interpretation section","Simple conditional structure: general prohibition → specific exceptions","Minimal cross-referencing (only references to parent Act and one set of by-laws)","Single nested condition in regulation 4 (7 criteria for 'exempt person' status)","Geographic precision requires GPS coordinates (GDA2020 datum) but this is straightforward data inclusion","No exceptions to exceptions; clean regulatory structure"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create a **restricted area** for alcohol around the remote Aboriginal community of Kalumburu in Western Australia's Kimberley region. Within a 20km radius of the community centre, it is generally illegal to bring in, possess, or consume alcohol.\n\n**Who it affects:**\n\n*   **Residents and visitors** to Kalumburu Community (defined as within 20km of specific GPS coordinates)\n*   **Tourists and travellers** who may qualify as \"exempt persons\" if they meet specific criteria (staying temporarily, holding permits, etc.)\n*   **Licensed venues and their staff** (they face higher penalties—$5,000 instead of $2,000)\n*   **Police**, who have powers to seize alcohol\n\n**Key exceptions:**\n\n*   **Tourists/exempt persons** can possess (but not drink) alcohol in most of the community, OR possess and drink it at McGowan Island camping grounds (500m radius)\n*   **Religious services**—Catholic clergy can use alcohol for religious purposes\n\n**Why it matters:**\n\nThis is a form of **alcohol management** designed to reduce alcohol-related harm in a vulnerable remote community. It balances community protection with limited access for tourists visiting the area. The regulations automatically expire in March 2034 unless renewed.\n\n**Structure:**\n*   **Part 1:** Definitions (including precise GPS coordinates for the restricted area)\n*   **Part 2:** Declares the restricted area and requires warning signs\n*   **Part 3:** Bans alcohol possession/entry, with exceptions for exempt persons and religious use; gives police seizure powers\n*   **Part 4:** Sunset clause (expires 2034)\n*   **Part 5:** Technical amendment to another regulation"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument’s practical scope has been adjusted by later amendments: definitions in regulation 3 were amended (SL 2021/18 r.4), regulation 5 was deleted (SL 2021/18 r.5), regulation 9 was amended (Gazette 6 Jul 2018 p.2545), and regulation 11 (the expiry/period provision) was inserted and later amended (SL 2021/18 r.6; SL 2024/13 r.4). These changes refine who qualifies as an exempt person and fix the regulations’ temporal limit to 2 March 2034, altering both definitional and temporal scope from the original 2018 text."},"complexity_factors":["Precise geographic scope defined by GDA2020 coordinates and radii (regulation 3) which requires technical mapping to determine coverage.","Multi‑condition test for who counts as an 'exempt person' (regulation 4) — seven conjunctive criteria that depend on facts about residence, travel purpose, permissions and local by‑laws.","Different penalty tiers and actors: higher fine for offences committed by licensees/managers/corporate directors (regulation 8(1)–(2)), creating a distinct compliance risk for commercial operators.","Narrow, location‑dependent exceptions (McGowan Island camping grounds versus other parts of the community) that hinge on continuous possession and/or consumption (regulation 9(1)).","Religious‑service exception limited to services by a Catholic clergy member (regulation 9(2)), which raises questions about scope and application.","Broad seizure and disposal power granted to police despite usual procedural limits (regulation 10), relying on 'reasonable grounds' which introduces enforcement discretion.","Cross‑references to other statutes and local instruments (Liquor Control Act s.175(1a); Aboriginal Affairs Planning Authority Act Regulations 1972; Kalumburu Aboriginal Corporation By‑laws) increase interpretive and administrative complexity.","Temporal limitation and subsequent amendments (regulation 11; compilation table and amendment notes) mean the regulations’ duration and some definitions have changed over time and must be tracked."],"plain_english_summary":"These regulations declare the Kalumburu Community a liquor‑restricted area and make it an offence to bring or possess alcohol there, with larger fines for licensees and managers. Short‑term visitors who meet tightly drawn conditions, and people attending certain religious services, are excepted; police may seize suspect containers. The Director of Liquor Licensing must post notices at customary entry routes. The rules operate until 2 March 2034 unless repealed."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/liquor-control-kalumburu-restricted-area-regulations-2018","history":"/api/acts/liquor-control-kalumburu-restricted-area-regulations-2018/history","analysis":"/api/acts/liquor-control-kalumburu-restricted-area-regulations-2018/analysis","conflicts":"/api/acts/liquor-control-kalumburu-restricted-area-regulations-2018/conflicts","importantCases":"/api/acts/liquor-control-kalumburu-restricted-area-regulations-2018/important-cases","documents":"/api/acts/liquor-control-kalumburu-restricted-area-regulations-2018/documents"}}