Liquor Control (Strelley Restricted Area) Regulations 2024

The regulations are short and revolve around a small set of defined concepts that determine who is prohibited from possessing or bringing liquor into the declared area, what the area is, and which enforcement powers apply.

Strelley Community is a spatial definition set out in regulation 3. It comprises three parcels: Lot 301 on Deposited Plan 58182 (Certificate LR3160 Folio 415), the land subject to Lease No. N104198 (Lots 500 and 501 on Deposited Plan 58182, Certificates LR3160 Folios 416 and 417), and Reserve 35423, Lot 150 on Deposited Plan 91141 (Qualified Certificate LR3148 Folio 39). The regulations operate by treating that defined area as a "restricted area" for the purposes of s 175(1a) of the Liquor Control Act 1988 (reg 4). The text does not define or elaborate s 175(1a); it simply links the declaration to that Act provision.

Exempt person is defined narrowly in regulation 3 as the driver of or a passenger in a transiting vehicle. Transiting vehicle is defined in regulation 3 as a vehicle that transits the Strelley Community on a public road without stopping and without discharging any person or item. The two definitions together narrow the exemption: if the vehicle stops or discharges people or items the exemption does not apply. The exemption therefore operates only where movement through the Community is continuous and without off-loading.

Prohibitions are set out in regulation 6. The two conduct elements are bringing liquor into the area and possessing liquor in the area, with the exception carved out for exempt persons. The regime creates two penalty bands: $5 000 for specified office-holders associated with licences, and $2 000 in other cases (reg 6(1) penalty table; reg 6(2)). The higher penalty explicitly targets licensees, managers of licensed premises and directors of corporate licensees.

Notice obligations are in regulation 5. The Director of Liquor Licensing must take all reasonable steps to post and keep posted notices at each place where a customary access route enters the Strelley Community. The notices must describe the offences in reg 6(1) and specify the penalties. The regulation also states that a failure to comply with that posting duty does not invalidate the declaration in regulation 4 (reg 5(2)). The regulations do not define "customary access route" or prescribe the size, language, or permanence of the notices.

Enforcement mechanisms include police seizure and disposal powers in regulation 7. 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 reg 6(1). That power is expressed to operate "despite section 155(4) and (5) of the Act", signalling that the usual constraints in those subsections are displaced for the purposes of this regulation.

Temporal scope is defined in regulation 8. The regulations will operate until the close of 26 June 2029 unless sooner repealed. Commencement is staged under regulation 2: Part 1 (except reg 3) commenced on publication day, 26 June 2024; the rest of the regulations commenced on 27 June 2024 (reg 2; compilation table).

Finally, Part 5 amends the Liquor Control Regulations 1989 by inserting an entry in regulation 27(4) to record the new offence (reg 10). The regulations are thus linked back into the broader regulatory framework via that amendment.

The regulations affect several clearly identified groups and categories of persons and entities. First, any person physically present in the Strelley Community who brings liquor into or possesses liquor within the declared area is exposed to criminal liability under regulation 6(1), except where the person is an exempt person (reg 6(1); reg 3). That makes the ordinary resident, visitor, or traveller who intentionally or inadvertently carries liquor into the area a potential offender.

Second, drivers and passengers in a transiting vehicle are expressly exempt (reg 3 definition of exempt person), but that exemption is conditional on the vehicle transiting on a public road without stopping and without discharging any person or item. Drivers, passengers and vehicle owners who stop within the Strelley Community or discharge persons or goods will lose the exemption and become subject to the prohibitions.

Third, licensees, managers of licensed premises and directors of bodies corporate holding a licence carry a distinctive exposure: if they commit an offence under regulation 6(1), the penalty is higher, a fine of $5 000 rather than $2 000 (reg 6(1) penalty table; reg 6(2)). The regulation therefore imposes a concentrated financial risk on persons associated with licensed premises or licence-holding bodies. It affects corporate governance, licensing compliance and staff conduct policies for businesses connected to liquor licensing.

Fourth, the Director of Liquor Licensing is given a statutory posting duty: the Director must take all reasonable steps to post, and keep posted while the declaration continues, notices at each place where a customary access route enters the Strelley Community describing the offences and specifying penalties (reg 5(1)). The Director also bears the administrative responsibility to identify customary access routes and ensure continued display.

Fifth, members of the Police Force are granted a specific enforcement role: they may seize and dispose of opened or unopened containers of liquor suspected on reasonable grounds to be the subject of an offence under reg 6(1) (reg 7). That places responsibility for operational enforcement, seizure and disposal decisions with police officers.

Sixth, the amendment to the Liquor Control Regulations 1989 (reg 10) affects persons who apply or are subject to the provisions of that regulation. The insertion into the Table in regulation 27(4) links this new offence into the existing regulatory catalogue; the text supplied does not provide further detail about the downstream administrative consequences of that insertion.

Finally, the local community and service providers that use or cross customary access routes are affected practically: the presence of signage obligations and the seizure/disposal power mean property owners, transport operators and community organisations must be aware of the prohibition and the narrow exemption for transiting vehicles. The temporal limit to 26 June 2029 (reg 8) means these effects are time-bound unless the regulations are repealed earlier or extended.

The instrument creates a small set of duties and corresponding permissions that allocate responsibilities between the Director of Liquor Licensing, the Police Force, licence-affiliated persons and the public.

Director of Liquor Licensing: duty to post and maintain notices. Regulation 5(1) requires the Director to "take all reasonable steps to cause to be posted, and while the Strelley Community continues to be a restricted area by operation of regulation 4 to be kept posted, at each place where a customary access route enters the Strelley Community a notice" that describes the offences in regulation 6(1) and specifies the penalties for those offences. The duty is procedural and ongoing while the declaration stands. Regulation 5(2) clarifies that failure to comply with that duty does not invalidate the declaration in regulation 4. That establishes a duty to attempt to give public notice but prevents the lack of physical signage from nullifying the restricted area declaration.

Police: power to seize and dispose of liquor containers. Regulation 7 authorises a member 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 6(1). The regulation expressly operates "despite section 155(4) and (5) of the Act". The statutory text requires reasonable grounds for suspicion and imposes a temporal standard for disposal, "as soon as is practicable". The power therefore confers operational discretion on police officers to remove alleged offending liquor from the community and to dispose of it without delay in appropriate circumstances.

Members of the public and visitors: duty not to bring or possess liquor. Regulation 6(1) establishes the primary obligation for persons within the declared area: a person other than an exempt person commits an offence if the person brings liquor into, or possesses liquor in, the Strelley Community. This is an affirmative proscription of particular conduct within the spatial boundary. The offence is strict in the sense of being conduct-based, but the regulations themselves do not prescribe defences beyond the statutory exemption.

Exempt persons: a limited right to transit with liquor. The regulations grant an exemption to "the driver of or a passenger in a transiting vehicle" (reg 3). The right to be an exempt person is conditional. The definition of transiting vehicle requires that the vehicle transits on a public road without stopping and without discharging any person or item. The net effect is a narrow operational right to pass through while carrying liquor provided the vehicle does not stop or unload.

Licence-affiliated persons: higher penalty exposure. Regulation 6(2) prescribes a heavier penalty where the offender is a licensee, manager of licensed premises or director of a corporate licensee. The elevated fine imposes an additional legal and financial duty on those persons to prevent liquor being brought into or possessed in the Strelley Community.

Temporal duty: maintenance for the duration. The posting duty and the restricted-area declaration are bounded by the temporal scope in regulation 8; the duties remain while the declaration is in effect (reg 5(1); reg 8). The Director's obligation to keep notices posted is therefore tied to the duration of the restricted area declaration.

Procedural safeguard language: reasonable grounds and as soon as is practicable. The seizure and disposal power is framed by the requirement of reasonable grounds for suspicion and the timing "as soon as is practicable", indicating that the decision to seize and dispose must be fact-based and timely, though the regulations leave the operational content of those terms to practice and interpretation.

The regulations set out two monetary penalty levels for the core offences and provide a police enforcement mechanism for seizure and disposal of liquor containers.

Penalty levels. Regulation 6(1) prescribes a two-tier fine structure for offences under that subregulation. Where subregulation (2) applies , that is, where the offender is a licensee, a manager of licensed premises or a director of a body corporate that holds a licence , the penalty for an offence under reg 6(1) is a fine of $5 000. In any other case, the penalty is a fine of $2 000. The higher penalty is specifically targeted at persons associated with liquor licensing. The regulations do not create custodial penalties, registration sanctions or remedial orders; they prescribe monetary penalties only.

Enforcement posture. Regulation 7 confers a direct operational enforcement power on police officers. 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 6(1). The regulation is explicit that it operates "despite section 155(4) and (5) of the Act", which signals a modification or override of the Act’s usual rules governing seizure and disposal. The requirement of "reasonable grounds" sets an evidential threshold for lawful seizure; the phrase "as soon as is practicable" imposes a timing standard for disposal. The regulations permit disposal rather than mandating storage or retention for long periods.

Notice and public knowledge. Regulation 5 requires 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 Strelley Community, describing the offences in reg 6(1) and specifying the penalties. The posting obligation is intended to publicise the offences and penalties and thus facilitate enforcement by communicating the legal rule to persons approaching the area. However, regulation 5(2) makes clear that a failure to comply with the posting duty does not invalidate the declaration in regulation 4. The upshot is that lack of signage does not remove criminal liability for breach of regulation 6(1).

Operational implications. Police seizure powers apply to opened or unopened containers and to containers reasonably suspected to be subject to the offence. That covers containers in the possession of offenders and containers that may be discovered within the Community. The disposal power, coupled with the "as soon as is practicable" timing, means that seized containers may be destroyed or otherwise disposed of promptly after seizure. The practical consequence for enforcement is the ability to remove contraband immediately and to avoid protracted custody or storage of seized liquor.

Temporal enforcement window. The regulations are in force until the close of 26 June 2029 unless sooner repealed (reg 8). Enforcement actions by police under reg 7 therefore operate within that temporal window, and penalties may be imposed for offences committed while the regulations are in force.

The regulations expressly link to and modify aspects of the Liquor Control Act 1988 and the Liquor Control Regulations 1989. The text makes three explicit points of interaction.

First, regulation 4 declares the Strelley Community to be a restricted area for the purposes of section 175(1a) of the Liquor Control Act 1988. The regulations therefore operate by invoking that Act provision as the statutory basis for a restricted-area declaration. The regulation does not restate the content of s 175(1a); it simply states that the declared area is to be treated as a restricted area under that section. Any legal consequences that flow from s 175(1a) will therefore be engaged in relation to the Strelley Community while the declaration stands.

Second, regulation 7 is framed to operate "despite section 155(4) and (5) of the Act". That wording indicates that the regulations displace or modify the application of s 155(4) and (5) of the Liquor Control Act 1988 in relation to seizure and disposal of liquor containers suspected to be the subject of an offence under reg 6(1). The regulations therefore create a specific, express carve-out or override for policing powers in the declared area. The regulation preserves the requirement of "reasonable grounds" for suspicion and requires disposal "as soon as is practicable", but sets those rules independently from the Act’s corresponding subsections.

Third, Part 5 of the regulations amends the Liquor Control Regulations 1989. Regulation 10 inserts an entry in regulation 27(4) of the 1989 Regulations, adding a table entry for "Liquor Control (Strelley Restricted Area) Regulations 2024 regulation 6(1)". The document supplied does not include regulation 27(4) itself, so the regulations do not explain in this text what administrative or procedural consequences flow from inclusion of an offence in that Table, but the amendment links the new offence into the 1989 Regulations’ framework.

Beyond the explicit textual links, the regulations do not purport to displace other legislative instruments or common law rights in general. The posting duty in regulation 5 interacts procedurally with administrative practices of the Director of Liquor Licensing. The police seizure and disposal power interacts operationally with police practice and with any broader state policing powers, but the text limits the modification to the specific Act subsections cited. The expiry clause in regulation 8 sets a temporal interaction with the legislative timetable: the regulations have a built-in termination date at the close of 26 June 2029, after which the Act and 1989 Regulations would operate without these specific provisions unless they are renewed or replaced.

Because the regulations rely on defined parcels of land (reg 3), land law instruments such as Crown land records and lease instruments are implicated in determining the precise spatial boundary. The regulations reference deposited plans and certificate volumes and folios for exact identification of the land parcels that constitute the Strelley Community.

The regulations do not purport to address civil liability, trespass, or administrative licensing consequences beyond the specified penalties and the amendment to regulation 27(4). The text contains no provision for suspension or cancellation of licences, nor for compensation, nor for judicial review of disposals. Any interaction with other statutes or legal remedies would require reference to the broader Act and to other laws, which are not reproduced in the supplied text.

The regulations are a stand-alone statutory instrument with limited amendment history recorded in the compilation notes. The legislation is cited as the Liquor Control (Strelley Restricted Area) Regulations 2024. The compilation table records the instrument as SL 2024/138, published 26 June 2024.

Commencement is staged under regulation 2. Part 1, other than regulation 3 (the definitions), came into operation on the day the regulations were published on the Western Australian legislation website, 26 June 2024 (reg 2(a); compilation table). The remainder of the regulations, that is the substantive prohibitions, posting duties, enforcement provisions and the amendment to the Liquor Control Regulations 1989, came into operation on the following day, 27 June 2024 (reg 2(b); compilation table).

The regulations contain an express sunset clause in regulation 8. Unless sooner repealed, they have effect until the close of 26 June 2029. The compilation notes reiterate that the regulations expire at that date (notes to compilation table). No prior versions or amendments of this instrument are recorded in the supplied text. Part 5 records a single, specific amendment to the Liquor Control Regulations 1989 by inserting the new offence reference into regulation 27(4) (reg 10).

The legislative instrument therefore currently reflects an initial regulation-making event with commencement in June 2024 and an express expiry in June 2029. The supplied text does not record any subsequent amendments or revocations. Any changes between 2024 and the expiry date would be reflected only by later amending instruments, which are not present in the supplied material.

The provided instrument text contains no litigation history, no references to judicial decisions, and names no cases. The regulations are recorded as SL 2024/138 and the compilation table provides publication and commencement dates, but there are no annotations or notes in the supplied material that indicate any legal challenges, prosecutions, convictions or court decisions arising under this instrument to date.

Because the instrument is recent (published 26 June 2024) and contains a sunset date in 2029, the supplied text does not capture any post-enactment administrative or judicial developments. The text also does not include any transitional provisions that would give rise to immediate litigation triggers. The only references to other legal provisions are the cross-references to the Liquor Control Act 1988 (s 175(1a) and s 155(4) and (5)) and the amendment to the Liquor Control Regulations 1989 (reg 27(4) Table), but the supplied material does not report on judicial interpretation of those provisions in relation to this instrument.

Practitioners seeking litigation history or case law that applies these regulations will need to consult court records and legal databases for any decisions taken since commencement. The regulations themselves impose criminal offences under reg 6(1). Any prosecutions, evidentiary rulings on definitions such as "transiting vehicle" or "customary access route", or challenges to the scope of the police disposal power under reg 7 would be matters for the courts and do not appear in the instrument text.

Several features of the regulations create specific legal or operational traps that practitioners and affected persons should note. The following points are grounded directly in the text.

1. Posting failure does not invalidate the declaration. Regulation 5(2) expressly states that a failure by the Director of Liquor Licensing to comply with the posting duty does not invalidate the restricted-area declaration in regulation 4. That means absence, insufficiency or removal of signage will not, by itself, negate the criminal liability established in regulation 6(1). Persons cannot rely on lack of signage as a legal defence to the prohibition created by regulation 6(1).

2. Exemption is narrow and conditional. The exempt person is limited to the driver of or a passenger in a transiting vehicle (reg 3). Transiting vehicle is narrowly defined: it must transit the Strelley Community on a public road without stopping and without discharging any person or item. A vehicle that stops briefly, makes a delivery, or discharges a passenger or goods will fall outside the definition and the occupant will not be an exempt person. The practical consequence is that delivery drivers, persons who stop to visit, or anyone who unloads goods are exposed to the offence.

3. High penalties for licence-affiliated persons. Regulation 6(2) imposes a higher penalty ($5 000) where the offence is committed by a licensee, a manager of licensed premises or a director of a corporate licensee. That creates a discrete compliance exposure for licence-holders, their managers and their governing officers, and could affect corporate policies and risk management for businesses that operate near or within the Strelley Community.

4. Police disposal power is immediate and broad. Regulation 7 authorises police 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 6(1). The regulation displaces s 155(4) and (5) of the Act for this purpose. The combination of authority to seize unopened containers and to dispose of them promptly increases the risk that seized goods will not be returned and that evidence or property may be destroyed or destroyed-like disposal without lengthy retention.

5. Reasonable grounds and timing terms are not defined. The regulations require "reasonable grounds" and disposal "as soon as is practicable" but do not define those phrases or set procedural safeguards such as inventorying, retention periods or notice to owners. Those operational matters remain governed by police practice and broader legal standards, which are not specified in the text.

6. "Customary access route" is undefined. The posting requirement applies at each place where a customary access route enters the Strelley Community (reg 5(1)). The regulations do not define "customary access route" or provide guidance on how to identify such routes. That may generate administrative uncertainty about where signs must be placed.

7. Spatial precision depends on deposited plans and titles. The Strelley Community is described by reference to deposited plans and certificate folios (reg 3). Determining whether a particular location falls inside or outside the declared area will require use of those cadastral references and may necessitate surveying, mapping or legal titles review.

8. Short-lived instrument. The regulations expire at the close of 26 June 2029 (reg 8). The time-limited character should be considered in policy planning, compliance investments and risk assessments. Entities may need to monitor for extension, renewal or repeal.

9. Amendment to other regulations is narrow but potentially consequential. Regulation 10 inserts the new offence into the Table in regulation 27(4) of the Liquor Control Regulations 1989. The supplied text does not explain the administrative effects of that insertion. Practitioners should check regulation 27(4) of the 1989 Regulations to understand what additional consequences the insertion entails.

10. Criminalisation is conduct-based not knowledge-based. The offence is framed in conduct terms: bringing or possessing liquor in the Strelley Community (reg 6(1)). The regulations do not expressly provide a defence based on ignorance of the declaration, nor do they prescribe mens rea requirements. The posting duty is intended to ameliorate notice problems, but posting failure does not affect the declaration (reg 5(2)), so caution is required.

These features should be considered when advising clients, designing signage and operational policies, planning policing operations, or assessing potential disputes over seizure and disposal.

Compliance with these regulations focuses on avoiding the prohibition in regulation 6(1), observing the narrow exemption for transiting vehicles, meeting the Director’s posting obligation, and understanding police seizure powers. The following checklist and recommended steps are grounded in the statutory text.

For individuals and visitors

• Do not bring liquor into the Strelley Community or possess liquor there unless you are an exempt person (reg 6(1); reg 3). The exempt person is limited to the driver of or a passenger in a transiting vehicle and that exemption requires the vehicle to transit the Community on a public road without stopping and without discharging any person or item (reg 3).
• If you are travelling through the area and wish to rely on the exemption, ensure your vehicle does not stop and that you do not discharge any person or item while within the boundary described in regulation 3.

For drivers and transport operators

• Operate as a transiting vehicle only by passing through the defined area on a public road without stopping or unloading. Any stop or discharge inside the area means the exemption no longer applies and the driver and passengers risk liability under reg 6(1).
• Review routes and scheduling to avoid stops within the Strelley Community if carrying liquor.

For licensees, managers and directors

• Implement internal compliance measures to prevent bringing or possessing liquor within the Strelley Community. Regulation 6(2) applies an elevated fine of $5 000 to licensees, managers of licensed premises and corporate directors who commit the offence.
• Train staff to refuse transport of liquor into the area and to confirm delivery addresses and drop-off points lie outside the declared area.
• Maintain records demonstrating steps taken to prevent liquor entering the area, as such records may be relevant in enforcement or mitigation contexts.

For the Director of Liquor Licensing (administrative duties)

• Take all reasonable steps to post and keep posted, while the declaration continues, notices at each place where a customary access route enters the Community describing the offences in regulation 6(1) and specifying the penalties (reg 5(1)).
• Identify customary access routes and ensure signage is placed at those entry points. The regulations do not define "customary access route", so exercise reasoned administrative judgment and document that judgment and actions taken.
• Maintain signage while the declaration remains in force until 26 June 2029 or earlier repeal (reg 8).

For police officers and enforcement agencies

• Exercise statutory authority under reg 7 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 reg 6(1). Ensure seizures are supported by reasonable grounds.
• Apply established police procedure on recording seized property, giving receipts or other documentation where appropriate, and document the basis for disposal decisions and timing given the "as soon as is practicable" standard.

Signage recommended content (anchored to reg 5(1))

• The regulations require notices to describe the offences in regulation 6(1) and specify the penalties. The following wording draws directly from the regulations and is a compliance-focused suggestion that matches the statutory content:
  • "NOTICE: It is an offence under regulation 6(1) of the Liquor Control (Strelley Restricted Area) Regulations 2024 to bring liquor into, or to possess liquor in, the Strelley Community except for an exempt person. Penalties: up to $5 000 where the offence is committed by a licensee, manager of licensed premises or director of a body corporate that holds a licence; otherwise up to $2 000. For the definitions of 'exempt person' and 'transiting vehicle' see regulation 3."
• Place such notices at every place where a customary access route enters the Strelley Community, and ensure they are maintained while the declaration is in force (reg 5(1)).

Records and risk management

• Keep records of signage locations and maintenance, operational decisions about what constitutes a customary access route, and any communications or training provided to staff and contractors.
• For businesses, ensure contract clauses with transport providers are updated to prevent stops or discharges within the defined area, and consider indemnities or representations about route compliance.
• For licence-holders and directors, document governance steps taken to prevent breaches, as these can be relevant in any enforcement context given the higher penalty for licence-affiliated persons (reg 6(2)).

Monitor temporal scope and regulatory links

• Note that the regulations expire at the close of 26 June 2029 (reg 8). Plan compliance programs and reviews with that sunset in mind.
• Check the Liquor Control Regulations 1989 (reg 27(4)) to understand the administrative implications of the insertion effected by regulation 10.

Practical caution

• Because failure to post signage does not invalidate the declaration (reg 5(2)), signage absence is not a safe bet for non-compliance. Treat the prohibition as operative regardless of signage and take affirmative steps to avoid bringing or possessing liquor within the defined area.

Following the checklist above, documenting decisions and actions, and aligning operational practices with the narrow definitions in regulation 3 will materially reduce the risk of exposure to the fines and the risk of seizure and disposal under regulation 7.