{"id":"liquor-control-noonkanbah-restricted-area-regulations-2009","name":"Liquor Control (Noonkanbah Restricted Area) Regulations 2009","slug":"liquor-control-noonkanbah-restricted-area-regulations-2009","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178689,"registerId":"wa-liquor-control-noonkanbah-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 (Noonkanbah Restricted Area) Regulations 2009","content":"![Crest]()Western Australia\n\nLiquor Control Act 1988\n\nLiquor Control (Noonkanbah Restricted Area) Regulations 2009\n\nWestern Australia\n\nLiquor Control (Noonkanbah Restricted Area) Regulations 2009\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Term used: Noonkanbah Aboriginal Community 1\n\n5. Declaration of restricted area 2\n\n6. Notice of restricted area 2\n\n7. Prohibitions as to liquor in the Noonkanbah 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 (Noonkanbah Restricted Area) Regulations 2009\n\n##### 1. Citation\n\n\t\tThese regulations are the *Liquor Control (Noonkanbah 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: Noonkanbah Aboriginal Community\n\nIn these regulations —\n\nNoonkanbah Aboriginal Community means —\n\n(a) the area of land the subject of —\n\n(i) Certificate of Title 2835/75 (Lots 10 and 50); and\n\n(ii) Crown Reserve 26355 (Lot 339); and\n\n(iii) Crown Reserve 50851 (Lot 501); and\n\n(iv) Pastoral Lease N049848 (Lot 255);\n\nand\n\n(b) the portion of Crown Reserve 23226 bounded to the north and south by Pastoral Lease N049848 (Lot 255).\n\n[Regulation 3 inserted: SL 2020/62 r. 13.]\n\n[**4.** Deleted: SL 2020/62 r. 13.]\n\n##### 5. Declaration of restricted area\n\nThe Noonkanbah 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 Noonkanbah 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 Noonkanbah 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 the Noonkanbah Aboriginal Community\n\n(1) A person who —\n\n(a) brings liquor into, or causes liquor to be brought into, the Noonkanbah Aboriginal Community; or\n\n(b) has liquor in his or her possession in the Noonkanbah 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 25 July 2028.\n\n[Regulation 9 inserted: SL 2020/62 r. 14; amended: SL 2023/109 r. 8.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Liquor Control (Noonkanbah 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 (Noonkanbah Restricted Area) Regulations 2009* 1 | 24 Jul 2009 p. 2950-1 | r. 1 and 2: 24 Jul 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 25 Jul 2009 (see r. 2(b)) |\n| *Liquor Control (Noonkanbah Restricted Area) Amendment Regulations 2011* | 22 Jul 2011 p. 3026 | r. 1 and 2: 22 Jul 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 23 Jul 2011 (see r. 2(b)) |\n| *Liquor Control (Noonkanbah Restricted Area) Amendment Regulations (No. 2) 2011* | 8 Nov 2011 p. 4675‑6 | r. 1 and 2: 8 Nov 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 9 Nov 2011 (see r. 2(b)) |\n| *Liquor Control (Noonkanbah Restricted Area) Amendment Regulations 2014* | 6 Jun 2014 p. 1791‑2 | r. 1 and 2: 6 Jun 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 7 Jun 2014 (see r. 2(b)) |\n| *Liquor Control (Noonkanbah Restricted Area) Amendment Regulations 2017* | 21 Jul 2017 p. 4029 | r. 1 and 2: 21 Jul 2017 (see r. 2(a));   Regulations other than r. 1 and 2: 22 Jul 2017 (see r. 2(b)) |\n| *Racing and Gaming Regulations Amendment (Liquor Control) Regulations 2020* Pt. 5 | SL 2020/62 22 May 2020 | 23 May 2020 (see r. 2(b)) |\n| *Racing and Gaming Regulations Amendment (Liquor Control) Regulations (No. 2) 2023* Pt. 4 | 12 Jul 2023 SL 2023/109 | 13 Jul 2023 (see r. 2(b)) |\n\n\nOther notes\n\n1 These regulations expire at the close of 25 July 2028 (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\nNoonkanbah Aboriginal Community 3\n\n© State of Western Australia 2023.\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 2023.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations maintain their original narrow purpose: creating a specific alcohol restricted area for the Noonkanbah community. While the geographic definition was expanded in 2020 to include additional Crown Reserve land (Regulation 3), and the expiry date has been extended twice (2017 and 2023), these are operational adjustments rather than scope creep. The core function—prohibiting liquor in this specific community—remains unchanged since 2009."},"complexity_factors":["Very short instrument (9 regulations, one deleted)","Only 1 defined term ('Noonkanbah Aboriginal Community')","Minimal cross-referencing (only references to sections 155 and 175 of the parent Liquor Control Act 1988)","Simple conditional logic (only distinction between ordinary offenders and liquor industry professionals in penalty structure)","No nested exceptions or complex procedural requirements","Geographic definition is specific but straightforward (lists 4 land titles/leases plus one bounded area)"],"plain_english_summary":"These regulations create a **dry zone** (called a \"restricted area\") for the Noonkanbah Aboriginal Community in Western Australia. \n\n**What it does:**\n- **Bans alcohol** in a specific area of land in the Kimberley region (covering several land titles and pastoral leases)\n- Makes it an offence to bring liquor into the community, have it in your possession there, or cause it to be brought in\n- **Fines:** $2,000 for ordinary people; $5,000 for liquor licensees, venue managers, or company directors\n- Allows police to **seize and destroy** any alcohol containers (opened or unopened) if they reasonably suspect an offence\n- Requires the Director of Liquor Licensing to post warning notices at entry points (though forgetting to do this doesn't invalidate the ban)\n\n**Who it affects:**\n- Anyone entering the Noonkanbah Aboriginal Community (residents, visitors, workers)\n- Liquor industry professionals (higher penalties apply)\n- Police (empowered to seize alcohol)\n\n**Why it matters:**\nThis is a form of **Aboriginal community-controlled alcohol restriction**. These regulations give legal effect to a community decision to prohibit alcohol to address social and health harms associated with substance abuse. The restrictions are time-limited (currently expiring in July 2028) and can be renewed or allowed to lapse."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Yes. The regulations have been amended since their original enactment to alter the defined area and add/modify temporal limits. Regulation 3 (definition of Noonkanbah Aboriginal Community) was inserted by SL 2020/62 r.13, and Regulation 9 (expiry/sunset) was inserted and later amended (SL 2020/62 r.14; SL 2023/109 r.8). The compilation table records multiple amendment instruments. These amendments clarify which parcels of land are included and set the period the restrictions remain in force (ends 25 July 2028), thereby changing the practical scope and duration of the original instrument."},"complexity_factors":["Geographical definition of the restricted area uses multiple land instruments (Regulation 3) — requires checking titles, reserves and pastoral lease identifiers to determine exact boundaries.","Interaction with the Liquor Control Act: declaration relies on s.175(1a) and seizure power modifies application of s.155(4)–(5) (Regulations 5 and 8) — requires reading the Act alongside the regulations.","Tiered penalties create differentiated liability: higher fine for licensees/managers/directors (Regulation 7(2)) versus general public (Regulation 7(1)).","Compliance duties placed on an administrator: Director of Liquor Licensing must post and maintain notices at customary access routes, but failure to post does not invalidate the declaration (Regulation 6(1)–(2)) — creates enforcement and administrative compliance considerations.","Enforcement discretion: police may seize and promptly dispose of opened or unopened containers suspected on reasonable grounds, expanding practical enforcement options (Regulation 8).","Temporal limit and amendment history: the regulations carry a sunset/expiry date (Regulation 9) and have been amended (see compilation table), so scope and operation have changed over time."],"plain_english_summary":"These regulations declare the Noonkanbah Aboriginal Community a liquor‑restricted area. They ban bringing or possessing alcohol there, set fines ($5,000 for licensees/managers/directors; $2,000 for others), require the Director of Liquor Licensing to post notices at customary access routes, and give police power to seize and dispose of containers. The rules apply to visitors, residents and liquor industry officers and operate until 25 July 2028 unless repealed."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess whether scope changed from original intent — the legislative text was not available for analysis. No determination can be made."},"complexity_factors":["Insufficient data: The actual legislative text was not retrievable, preventing proper complexity assessment","Regulations of this type are typically straightforward in structure — defining a geographic boundary and prohibiting alcohol possession/supply within it","May reference maps or schedules defining the restricted area boundary, which can add minor complexity","Operates under the broader Liquor Control Act 1988 (WA), which itself is complex, but the regulations are usually a narrow instrument"],"plain_english_summary":"Likely establishes the Noonkanbah area as a restricted liquor zone under WA law, limiting possession, supply or consumption of alcohol within that community. It would affect residents and visitors to Noonkanbah and aim to reduce alcohol‑related harm.\n\nThis summary is inferred from the regulation’s title and common practice for similar instruments; it is not the actual text and should not be relied on for legal advice."}},"importantCases":[],"_links":{"self":"/api/acts/liquor-control-noonkanbah-restricted-area-regulations-2009","history":"/api/acts/liquor-control-noonkanbah-restricted-area-regulations-2009/history","analysis":"/api/acts/liquor-control-noonkanbah-restricted-area-regulations-2009/analysis","conflicts":"/api/acts/liquor-control-noonkanbah-restricted-area-regulations-2009/conflicts","importantCases":"/api/acts/liquor-control-noonkanbah-restricted-area-regulations-2009/important-cases","documents":"/api/acts/liquor-control-noonkanbah-restricted-area-regulations-2009/documents"}}