Liquor Control (Noonkanbah Restricted Area) Regulations 2009

These Regulations declare the Noonkanbah Aboriginal Community to be a statutory restricted area for the purposes of the Liquor Control Act 1988 and create a short, tightly focused regulatory regime that (1) prohibits bringing liquor into or having liquor in possession within the defined area, (2) prescribes maximum fines for breaches, (3) requires signage at customary access points, and (4) authorises police to seize and dispose of containers of liquor suspected to be involved in an offence under the Regulations.

Mechanically, the Regulations operate as follows. Regulation 5 effects the declaration that the Noonkanbah Aboriginal Community is a restricted area for the purposes of section 175(1a) of the Liquor Control Act 1988. The declared geographic scope is set out in regulation 3 by listing specific titles, reserves and a pastoral lease (Certificate of Title 2835/75 (Lots 10 and 50); Crown Reserve 26355 (Lot 339); Crown Reserve 50851 (Lot 501); Pastoral Lease N049848 (Lot 255); and a portion of Crown Reserve 23226 bounded by that pastoral lease). Regulation 7 creates the substantive criminal offence: bringing liquor into, causing liquor to be brought into, or having liquor in one’s possession within the Noonkanbah Aboriginal Community is an offence (reg 7(1)). The prescribed maximum fines differ by actor: $5,000 where the offender is a licensee, the manager of licensed premises or a director of a body corporate that holds a licence (reg 7(1)-(2)); $2,000 in all other cases (reg 7(1)).

Regulation 6 places a procedural duty on the Director of Liquor Licensing to take all reasonable steps to post and keep posted notices, while the declaration remains in force, at each place where a customary access route enters the community. The required notices must describe the offences in regulation 7 and specify the penalties (reg 6(1)). The Regulations explicitly state that failure to post as required does not invalidate the declaration (reg 6(2)).

For enforcement, regulation 8 provides that, despite sections 155(4) and (5) of the Liquor Control Act 1988, 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. The Regulations commenced in two stages (reg 2): regs 1 and 2 on Gazettal day and the rest the following day. They are time-limited: regulation 9 states they operate until the close of 25 July 2028 unless sooner repealed. The Regulations include a technical citation in reg 1 and a defined-term provision in reg 3 for the Noonkanbah Aboriginal Community.

The compilation table and notes record a sequence of amendments and that regulation 4 has been deleted. The Regulations are narrowly tailored in scope and duration; their mechanics combine a place-based prohibition, an administrative signage duty, differential penalties for certain regulated actors, and an express police power to seize and dispose of containers suspected to be involved in an offence.

The Regulations embody a small number of interlocking legal concepts and instruments. These are: (1) the statutory restricted area declaration; (2) the spatial definition of the restricted area; (3) the creation of criminal offences tied to transport and possession of liquor within that area, with specified maximum fines; (4) an administrative duty on the Director of Liquor Licensing to post notice at customary entry points; (5) a policing power to seize and dispose of containers suspected to be connected to an offence; and (6) a fixed expiry date for the Regulations.

Restricted area declaration: Regulation 5 declares the Noonkanbah Aboriginal Community to be a restricted area for the purposes of s 175(1a) of the Liquor Control Act 1988. The Regulations do not restate s 175(1a); they rely on that provision in the parent Act to give legal effect to the declaration. The practical effect of a restricted area declaration is created by these Regulations through the offence provisions in reg 7 and the enforcement power in reg 8.

Spatial definition: Regulation 3 provides a granular land-based description of the Noonkanbah Aboriginal Community by referencing particular certificates of title, Crown reserves and a pastoral lease. That definition is legal and parcel-specific; it does not use a colloquial or boundary map in the text but names discrete lots and one pastoral lease. The definition was inserted by later amendment (see note in reg 3). The use of property identifiers means the declared area is capable of precise legal identification, but literal identification will require access to land title and reserve records or mapping tools.

Offence architecture: Regulation 7 creates two linked offence types: bringing or causing liquor to be brought into the community, and having liquor in one’s possession within the community (reg 7(1)). The provision attaches two tiers of maximum fines. The higher tier ($5,000) applies when the offender is a licensee, the manager of licensed premises, or a director of a body corporate that holds a licence (reg 7(2)); the lower tier ($2,000) applies in other cases (reg 7(1)). The drafting distinguishes natural persons generally from persons who occupy regulatory roles under liquor licensing. There is no custodial penalty, no civil penalty regime set in these Regulations, and no specific exemptions stated in the text.

Signage and notice: Regulation 6 imposes a duty on the Director of Liquor Licensing to take all reasonable steps to post and keep posted notices at each place where a customary access route enters the community; the notices must describe the offences in regulation 7 and specify the penalties (reg 6(1)). The Regulations do not define “customary access route” nor prescribe the form, size or wording of the notices beyond the two required elements. Regulation 6(2) states that non-compliance with the posting duty does not affect the validity of the restricted area declaration.

The Regulations name a limited set of institutional actors and categories of persons, and their obligations and liabilities attach to those categories.

Persons present in the Noonkanbah Aboriginal Community: Any person who brings liquor into the defined area, causes liquor to be brought into the area, or has liquor in their possession in the area commits an offence under reg 7(1). Therefore, all persons physically entering the specified lots and reserve portions with liquor are directly regulated.

Licensees, managers, and directors of bodies corporate holding licences: Regulation 7(2) treats these categories specially by elevating the maximum fine to $5,000 for offences committed by a licensee, a manager of licensed premises or a director of a body corporate that holds a licence. These are the actors who operate within the licensed-liquor regulatory framework and who may, by virtue of their roles, supply or be connected to supply chains of liquor. The higher fine makes licensed persons a distinct enforcement target.

Director of Liquor Licensing: Regulation 6 imposes a proactive administrative duty on the Director of Liquor Licensing to take all reasonable steps to post and keep posted notices at each place where a customary access route enters the community. This places operational responsibility for public notification and signage on a statutory official in the licensing administration.

Members of the Police Force: Regulation 8 vests enforcement power in members of the Police Force to seize and to dispose as soon as practicable containers of liquor suspected on reasonable grounds to be involved in an offence under reg 7. The provision directly empowers police action on the ground within the defined area.

Community users and customary entry points: The Regulations refer to “each place where a customary access route enters the Noonkanbah Aboriginal Community” in reg 6(1). While not a person or organisation, this phrase brings into scope those who use such routes and who rely on them for access. The requirement to post at customary access routes signals the intended interface between regulatory authorities and community ingress points.

Third parties and carriers: The phrase “causes liquor to be brought into” (reg 7(1)(a)) brings into the scope of the offence persons who arrange transport, send or deliver liquor into the area even if they do not physically carry it themselves. This can encompass couriers, family members, friends, or commercial carriers depending on the facts, although the Regulations do not list these categories explicitly.

The Regulations impose a small number of explicit duties and create limited powers rather than broad new rights. The duties, powers and legal effects most relevant to regulated actors are set out below with cross-references.

Duties

• Director of Liquor Licensing: The Director must take all reasonable steps to cause notices to be posted, and to keep those notices posted while the restricted area declaration is in force, at each place where a customary access route enters the Noonkanbah Aboriginal Community (reg 6(1)). The notices must describe the offences in regulation 7 and specify the penalties. The duty is framed as a reasonable-steps obligation rather than an absolute prescriptive command; no form or manner of notice is specified beyond the content requirements. The Regulations expressly provide that failure to comply with the posting duty does not invalidate the declaration (reg 6(2)).

• Persons entering the area: Any person who brings liquor into, causes liquor to be brought into, or has liquor in their possession within the Noonkanbah Aboriginal Community commits an offence (reg 7(1)). This has the practical effect of obliging persons to avoid transporting or possessing liquor in the defined area.

Powers and legal effects

• Police seizure and disposal: 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 (reg 8). The provision is framed as an express exception “despite” sections 155(4) and (5) of the Act, thereby creating a stand-alone enforcement power to remove and dispose of containers without being bound by those Act subsections where there may otherwise have been constraints.

• Criminal liability and fines: Regulation 7 prescribes maximum monetary penalties for offences. The fines are categorised: $5,000 for offences committed by a licensee, a manager of licensed premises or a director of a body corporate that holds a licence; $2,000 for other offenders (reg 7(1)-(2)). These are maximum penalties; the Regulations do not specify sentencing factors, whether the fines are fines-only or can be accompanied by ancillary orders, or whether other sentencing options (such as community-based orders) are available; those matters will be governed by the parent Act and general criminal sentencing law outside the Regulations.

Legal limits and non-impairment

The Regulations set out specific penalty maxima for breaches and provide a direct enforcement mechanism for immediate removal and disposal of liquor containers. The design mixes criminal penalties with an operational police power.

Monetary penalties

• Two-tier fine regime: The Regulations prescribe a two-level fine structure for the offence created in regulation 7(1). An offender who is a licensee, a manager of licensed premises, or a director of a body corporate that holds a liquor licence faces a maximum fine of $5,000 (reg 7(1)(a) and (2)). Any other person committing the offence faces a maximum fine of $2,000 (reg 7(1)(b)). The text frames these as penalties; the Regulations do not provide a fixed sentencing schedule or minimum penalties. They do not specify whether the fines are imposed by summary conviction, nor do they set any alternative civil penalties. The offences are expressed in criminal terms, implying prosecution in the relevant court and application of criminal procedure.

• No custodial penalties or civil remedies specified: The Regulations do not prescribe imprisonment or civil sanctions; only monetary fines are set out. Any additional penalties or enforcement remedies under the Liquor Control Act 1988 or other laws are not restated in these Regulations.

Enforcement powers

• Police seizure and disposal: Regulation 8 expressly authorises members of the Police Force to 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. The provision states this is permitted despite sections 155(4) and (5) of the Act, signalling an intended override or clarification of any limitations those subsections might otherwise impose. The seizure and disposal power is immediate and practical; it is framed by the reasonable grounds standard for suspicion.

• Scope of “dispose”: The Regulations authorise disposal but do not define the permissible methods of disposal, directions for evidence retention, notice to owners, or subsequent recoveries. “Dispose” could include destruction, removal from the community, or other means, but the Regulations themselves are silent on process and recordkeeping obligations linked to disposal.

Operational considerations

• Immediate enforcement on suspicion: The combination of the offence and the disposal power allows police to intervene at the point of suspected contravention and to remove containers without needing to follow any storage or retention steps set out in the parent Act’s s 155(4) and (5) if those would otherwise apply. The test for seizure is reasonable grounds to suspect the container is the subject of an offence under reg 7.

The Regulations operate by reference to the Liquor Control Act 1988 and, in one operative clause, expressly displace or override specified subsections of that Act for the limited purpose of permitting seizure and disposal. The Regulations do not otherwise restate or reproduce the parent Act.

Reference to the Liquor Control Act 1988

• Declaration under s 175(1a): Regulation 5 declares the Noonkanbah Aboriginal Community to be a restricted area “for the purposes of section 175(1a) of the Act.” The Regulations therefore rely on the parent Act to provide the legal architecture and authority for restricted areas. The text does not reproduce s 175(1a), but the reference ties the declaration to the Act’s machinery for restricted areas.

• Override of s 155(4) and (5): Regulation 8 states that “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 a regulation 7 offence. That phrase creates a specific exception for this restricted area regime to whatever seizure, retention or disposal constraints are contained in ss 155(4) and (5) of the parent Act. The Regulations do not reproduce ss 155(4) and (5); they simply state that reg 8 operates notwithstanding those subsections.

Interactional effects and legal dependence

• Procedural rules left to the parent Act: The Regulations create offences and fines but do not set out procedural machinery for prosecution, court jurisdiction, evidence rules or licensing consequences beyond the fines. Therefore criminal procedure, licensing disciplinary processes, and sentencing frameworks under the Liquor Control Act 1988 and general criminal law will apply where relevant.

• Coexistence with land law and title: The Noonkanbah Aboriginal Community is defined by reference to particular titles, reserves and a pastoral lease (reg 3). Determination of the precise physical footprint of the restricted area will therefore require reference to land-title records and reserve descriptions outside the Regulations. Those land instruments and any native title rights or other interests are not addressed by the Regulations; any interface between the restricted-area regime and land law rights will need to be handled under general property law and any other relevant statutory regimes.

• Non-exhaustive effect on related offences or permits: The Regulations do not explicitly displace or modify other offences in the Liquor Control Act 1988 or elsewhere (for example offences relating to sale, supply, consumption in licensed premises, or importation across state borders). There may be concurrent offences arising under other statutes for the same conduct, but the Regulations do not address double jeopardy, cumulative penalties or priority rules.

The Regulations have been subject to multiple amending instruments since their original Gazettal in 2009. The compilation table in the Regulations lists the following instruments and commencement details.

Original instrument

• Liquor Control (Noonkanbah Restricted Area) Regulations 2009: Published 24 July 2009; regs 1 and 2 commenced 24 July 2009, the remainder commenced 25 July 2009 (reg 2(a)-(b)).

Amendments recorded in the compilation table

• Liquor Control (Noonkanbah Restricted Area) Amendment Regulations 2011: Published 22 July 2011; regs 1 and 2 commenced 22 July 2011; other regs commenced 23 July 2011.

• Liquor Control (Noonkanbah Restricted Area) Amendment Regulations (No. 2) 2011: Published 8 November 2011; regs 1 and 2 commenced 8 November 2011; other regs commenced 9 November 2011.

• Liquor Control (Noonkanbah Restricted Area) Amendment Regulations 2014: Published 6 June 2014; regs 1 and 2 commenced 6 June 2014; other regs commenced 7 June 2014.

• Liquor Control (Noonkanbah Restricted Area) Amendment Regulations 2017: Published 21 July 2017; regs 1 and 2 commenced 21 July 2017; other regs commenced 22 July 2017.

• Racing and Gaming Regulations Amendment (Liquor Control) Regulations 2020 Pt. 5: SL 2020/62; 22 May 2020; commencement 23 May 2020 (see reg 2(b)). The notes indicate regulation 3 (the Noonkanbah definition) and regulation 9 were inserted or amended by SL 2020/62 (see marginal notes in the text).

• Racing and Gaming Regulations Amendment (Liquor Control) Regulations (No. 2) 2023 Pt. 4: SL 2023/109; published 12 July 2023; other regs commenced 13 July 2023. The compilation notes indicate reg 9 was amended by SL 2023/109 r. 8.

Textual amendments recorded in the Regulations

• Regulation 3 (Term used: Noonkanbah Aboriginal Community) notes that it was inserted by SL 2020/62 r. 13. That indicates the location and acreage description in the current text was not present in the original 2009 instrument in the same form; the precise lots and reserves language is the result of subsequent amendment.

• Regulation 4 was deleted, with a marginal note indicating deletion by SL 2020/62 r. 13. The content of the deleted regulation is not present in the current text and is not reproduced.

The Regulations as supplied do not record any litigation, case citations, or judicial consideration. The text contains no references to court determinations, no reported decisions, and the compilation notes do not list any legal proceedings tied to these Regulations. The document does not identify any cases that have interpreted the Regulations or the parent Act provisions referenced (such as s 155 or s 175(1a)), nor does it cite any appeals or precedent.

Consequently:

• There are no cases named in the source material to use as authoritative interpretations of the Regulations’ text, scope, or application.

• Any practical disputes over the application, validity or enforcement of the Regulations would need to be researched outside the Regulations by searching court databases, prosecutorial records, or relevant reported decisions not included in the document.

• The absence of litigation references in the text is not evidence that there has been no litigation; it is only an indication that the Regulations themselves do not catalogue such matters. Practitioners seeking litigation history should consult judicial databases, the Department or prosecutorial records for relevant matters.

Because the Regulations explicitly rely on sections of the Liquor Control Act 1988, litigation that interprets those Act sections may be relevant to enforcement and application of these Regulations. However, the Regulations as supplied do not summarise or reproduce any such case law, and they do not name any judicial authorities.

This short Regulations instrument contains several drafting features and practical ambiguities that create compliance, enforcement and implementation pitfalls. Below are concrete issues arising from the text that practitioners and regulated parties should note.

Customary access route undefined: Regulation 6(1) requires posting at “each place where a customary access route enters the Noonkanbah Aboriginal Community.” The Regulations do not define “customary access route” or specify how to determine whether a route qualifies. That leaves practical discretion to the Director of Liquor Licensing (who must take reasonable steps) and may invite disputes about whether notice was posted at all relevant entry points. This is operationally material because enforcement may occur at entry points not covered by signage.

Failure to post does not invalidate declaration: Regulation 6(2) expressly states that failure to comply with the posting duty does not invalidate the restricted area declaration. Practically, that blocks a defensive argument that lack of signage renders the declaration unenforceable. It shifts the status quo in favour of enforcement continuity, while leaving open potential human-rights or fairness-based arguments outside the Regulations.

Two-tier penalties with licensing linkage: The higher penalty tier ($5,000, reg 7(2)) applies to licensees, managers of licensed premises or directors of bodies corporate holding licences. This creates a concentrated exposure for regulated liquor-industry actors who otherwise operate under statutory licences. The drafting does not state whether corporate entities or individuals are primarily liable where a body corporate is involved; the text names a director and the body corporate in the same clause but does not set out joint-and-several liability rules.

“Brings” and “causes to be brought” phrasing: Regulation 7(1)(a) criminalises not only physically carrying liquor into the area, but also causing liquor to be brought into the area. The “causes” formulation potentially captures senders, arrangers, or third-party carriers depending on the facts. That introduces legal uncertainty for logistics providers, family members and others who might arrange transport into the area without physically accompanying the goods.

Possession offence scope: Regulation 7(1)(b) makes mere possession within the area an offence. The regulation does not create a threshold quantity or distinguish between personal possession and supply-related possession. The scope could potentially criminalise possession of small personal amounts unless an alternative legal basis (for example a defence or exemption) exists in the parent Act - but such defences are not in the Regulations.

Compliance in this setting requires actions by several actors: persons visiting the Noonkanbah Aboriginal Community, licensees and liquor suppliers, the Director of Liquor Licensing and policing agencies. The Regulations are concise; compliance measures should be proportionate and designed to address the specific prohibitions and duties in the text.

For individuals and visitors

• Do not bring liquor into the area: Avoid transporting any bottles, cans or other containers of alcoholic beverages onto the lots and reserves defined in regulation 3. Regulation 7(1)(a) criminalises bringing liquor into the community.

• Do not possess liquor within the area: Do not carry or store liquor within the defined community footprint. Regulation 7(1)(b) criminalises possession even if the liquor was not brought in by the person who possesses it.

• Check access routes and signage: Observe posted notices at customary access points as required by reg 6(1) and comply with their content. Although lack of signage does not invalidate the declaration (reg 6(2)), signage will typically indicate the boundaries and the applicable penalties.

For licensees, managers, directors and suppliers

• Update corporate policies and staff training: Ensure managers and staff of licensed premises are trained to understand the prohibition and the heightened penalty risk (reg 7(2) prescribes a $5,000 maximum fine for licensees, managers and directors). Include instructions to refuse to supply or dispatch liquor into the defined area.

• Control deliveries and supply chains: Implement processes to prevent sales or deliveries of liquor that would result in liquor being brought into the Noonkanbah area, including checking delivery addresses, advising customers of the prohibition, and refusing orders that would cause liquor to be brought into the defined lots or reserves.

• Maintain records: Keep documentation of refused sales, customer communications, and internal compliance steps. While the Regulations do not mandate specific recordkeeping, records will assist in demonstrating compliance in the event of investigation or prosecution.

For the Director of Liquor Licensing and administrative staff

• Map customary access routes: Identify and document customary access routes that enter the Noonkanbah Aboriginal Community, using land-title maps and local knowledge, and determine all physical places where notices must be posted in accordance with reg 6(1). Because “customary access route” is not defined, record the rationale for selection of posting locations.