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These regulations are the Liquor Control (Spinifex Restricted Area) Regulations 2014.
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Bill homepageThese regulations are the Liquor Control (Spinifex Restricted Area) Regulations 2014.
These regulations come into operation as follows —
regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
the rest of the regulations — on the day after that day.
Restricted Area means the area declared to be a restricted area under regulation 5(1);
Spinifex Native Title Determination Area means the area described in Schedule 1;
tourist means a person who is —
staying at a place that is at least 50 kilometres from his or her usual place of residence for a period of at least one night; and
intending to stay away from his or her usual place of residence for a period of less than 12 months; and
not in the course of travelling on a regular journey between his or her usual place of residence or his or her 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 resident in the Restricted Area.
[Regulation 3 amended: SL 2024/109 r. 6.]
[4. Deleted: SL 2020/62 r. 19.]
The Spinifex Native Title Determination Area, excluding the portion that is within Reserve 17614, is declared to be a restricted area for the purposes of section 175(1a) of the Act.
The map in Schedule 2 shows the Restricted Area crosshatched.
The Director of Liquor Licensing must take all reasonable steps to cause to be posted, and while the Restricted Area continues to be a restricted area by operation of regulation 5(1) to be kept posted, at each place where a customary access route enters the Restricted Area a notice —
describing the offences set out in regulation 7; and
specifying the penalties for those offences.
A failure to comply with subregulation (1) does not invalidate the declaration in regulation 5(1).
Subject to regulation 8, a person who —
brings liquor into, or causes liquor to be brought into, the Restricted Area; or
has liquor in his or her possession in the Restricted Area,
commits an offence.
Penalty:
if subregulation (2) applies, a fine of $5 000;
in any other case, a fine of $2 000.
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.
A tourist to whom this regulation applies does not commit an offence under regulation 7.
This regulation applies to a tourist if —
the tourist is in the portions of the Restricted Area that are within 50 metres either side of the Anne Beadell Highway (also known as the Serpentine Lakes Road), and continuously maintains possession of, or consumes, the liquor in his or her possession; or
the tourist is in any other part of the Restricted Area and continuously maintains possession of, but does not consume, the liquor in his or her possession.
The map in Schedule 2 shows the Anne Beadell Highway.
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 7.
Unless sooner repealed, these regulations have effect for the period that ends at the close of 2 July 2034.
[Regulation 10 inserted: SL 2020/62 r. 20; amended: SL 2023/78 r. 8; SL 2024/109 r. 7.]
This is a compilation of the Liquor Control (Spinifex Restricted Area) Regulations 2014 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
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