Persons of prescribed class (Act s. 109A(4)(b))
16AB Persons of prescribed class (Act s. 109A(4)(b))
For the purposes of section 109A(4)(b) of the Act, the following classes of persons are prescribed —
persons who are —
staying at a place that is at least 40 km from their usual place of residence for a period of at least 1 night; and
intending to stay away from their usual place of residence for a period of less than 12 months; and
not in the course of travelling on a regular journey between their usual place of residence and their place of work or education; and
travelling in the course of a holiday or for leisure, business, to visit friends or relatives, or for any other reason; and
not usually residents of the local government district of Broome, Carnarvon, Derby‑West Kimberley, Halls Creek or Wyndham‑East Kimberley;
farmers, including —
holders of pastoral leases (as defined in the Land Administration Act 1997 section 3(1)); and
owners or operators of businesses involving horticulture, viticulture, apiculture, aquaculture, poultry farming, dairy farming or any other form of agriculture or primary production; and
employees of persons referred to in subparagraphs (i) and (ii);
operators of, or employees or contractors on, worksites —
in the mining, energy or infrastructure industries; and
on which there are no licensed premises.
[Regulation 16AB inserted: SL 2021/163 r. 4; amended: SL 2023/125 r. 5.]
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