Liquor Control (Kalumburu Restricted Area) Regulations 2018
Western Australia
Liquor Control (Kalumburu Restricted Area) Regulations 2018
Contents
Part 1 — Preliminary
Citation 1
Commencement 1
Terms used 1
Exempt person 2
Part 2 — Restricted area
Declaration of restricted area 3
Notice of restricted area 3
Part 3 — Prohibitions and related provisions
Prohibitions as to liquor in the Kalumburu Community 4
Exceptions to r. 8 4
Seizure and disposal of containers of liquor 5
Part 4 — Period of effect
Period during which these regulations have effect 6
Part 5 — Liquor Control Regulations 1989 amended
Regulations amended 7
Regulation 27 amended 7
Notes
Compilation table 8
Other notes 8
Defined terms
Liquor Control Act 1988
Liquor Control (Kalumburu Restricted Area) Regulations 2018
Part 1 — Preliminary
1. Citation
These regulations are the *Liquor Control (Kalumburu Restricted Area) Regulations 2018*.
2. Commencement
These regulations come into operation as follows —
(a) Part 1 other than regulations 3, 4 and 5 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
3. Terms used
In these regulations —
exempt person has the meaning given in regulation 4;
Kalumburu 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 —
(a) 14.295430°S;
(b) 126.642314°E;
McGowan 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 —
(a) 14.146047°S;
(b) 126.649881°E.
[Regulation 3 amended: SL 2021/18 r. 4.]
4. Exempt person
For the purposes of these regulations, a person is an exempt person if the person is —
(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
(b) intending to stay away from their usual place of residence for a period of less than 12 months; and
(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
(d) travelling in the course of a holiday, or to visit friends or relatives, or for leisure, business or any other reason; and
(e) not usually a resident in a restricted area declared under section 175(1a) of the Act; and
(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
(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.
[5. Deleted: SL 2021/18 r. 5.]
Part 2 — Restricted area
6. Declaration of restricted area
The Kalumburu Community is declared to be a restricted area for the purposes of section 175(1a) of the Act.
7. Notice of restricted area
(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 —
(a) describing the offences set out in regulation 8; and
(b) specifying the penalties for those offences.
(2) A failure to comply with subregulation (1) does not invalidate the declaration in regulation 6.
Part 3 — Prohibitions and related provisions
8. Prohibitions as to liquor in the Kalumburu Community
(1) Subject to regulation 9, a person commits an offence if the person —
(a) brings liquor into, or causes liquor to be brought into, the Kalumburu Community; or
(b) possesses liquor in the Kalumburu Community.
Penalty for this subregulation:
(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.
9. Exceptions to r. 8
(1) A person who is an exempt person does not commit an offence under regulation 8(1) if —
(a) the person is in the McGowan Island camping grounds and continuously maintains possession of, or consumes, the liquor; or
(b) the person is in any other part of the Kalumburu Community and continuously maintains possession of, but does not consume, the liquor.
(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.
[Regulation 9 amended: Gazette 6 Jul 2018 p. 2545.]
10. 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 8.
Part 4 — Period of effect
11. Period during which these regulations have effect
Unless sooner repealed, these regulations have effect for the period that ends at the close of 2 March 2034.
[Regulation 11 inserted: SL 2021/18 r. 6; amended: SL 2024/13 r. 4.]
Part 5 — Liquor Control Regulations 1989 amended
12. Regulations amended
This Part amends the Liquor Control Regulations 1989.
13. Regulation 27 amended
In regulation 27(4) in the Table insert in alphabetical order:
Liquor Control (Kalumburu Restricted Area) Regulations 2018 regulation 8(1)
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Notes
This 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.
Compilation table
Citation
Published
Commencement
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))
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))
Racing and Gaming Regulations Amendment (Liquor Control) Regulations 2021 Pt. 2
SL 2021/18 2 Feb 2021
3 Feb 2021 (see r. 2(b))
Racing and Gaming Regulations Amendment (Liquor Control) Regulations 2024 Pt. 2
SL 2024/13 21 Feb 2024
22 Feb 2024 (see r. 2(b))
Other notes
1 These regulations expire at the close of 2 Mar 2034 (see r. 11).
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
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