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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Liquor Control Amendment Bill 2008
CONTENTS
1. Short title 2
2. Commencement 2
3. The Act amended 2
4. Section 109 amended 2
5. Section 110 amended 3
6. Section 121 amended 4
7. Section 155 amended 4
8. Section 171 amended 5
9. Section 174A amended 5
289--1 page i
Western Australia
LEGISLATIVE COUNCIL
Liquor Control Amendment Bill 2008
A Bill for
An Act to amend the Liquor Control Act 1988.
The Parliament of Western Australia enacts as follows:
page 1
Liquor Control Amendment Bill 2008
s. 1
1. Short title
This is the Liquor Control Amendment Act 2008.
2. Commencement
This Act comes into operation as follows:
5 (a) sections 1 and 2 -- on the day on which this Act
receives the Royal Assent;
(b) the rest of the Act -- on the day after that day.
3. The Act amended
The amendments in this Act are to the Liquor Control Act 1988.
10 4. Section 109 amended
(1) Section 109(1) is amended by deleting the penalty clause and
inserting instead --
"
Penalty: a fine of $20 000 and imprisonment for
15 2 years.
".
(2) After section 109(3) the following subsection is inserted --
"
(3A) Where a licensee, or an employee or agent of a licensee
20 (the "seller") sells liquor to another person whom the
seller reasonably suspects, or ought reasonably to
suspect, intends to sell the liquor in contravention of
subsection (1), the seller commits an offence.
Penalty: a fine of $20 000 and imprisonment for
25 2 years.
".
page 2
Liquor Control Amendment Bill 2008
s. 5
5. Section 110 amended
After section 110(3) the following subsections are inserted --
"
(3A) A spectator attending a public event commits an
5 offence if, without the consent of the licensee, the
spectator --
(a) brings into a licensed stadium; or
(b) has in his or her possession or control; or
(c) consumes,
10 any liquor that was not purchased in the licensed
stadium while it was open for the purpose of holding or
conducting that public event.
Penalty: a fine of $2 000.
(3B) In subsection (3A) --
15 "licensed stadium" means a sports ground or
stadium --
(a) all or part of which is a licensed premises;
and
(b) that is prescribed for the purposes of this
20 section;
"public event" means --
(a) any event, including any game or sport, that
is held or conducted for public exhibition; or
(b) any --
25 (i) training session, practice or
rehearsal; or
(ii) promotional or advertising event,
press conference, preview or similar
activity,
30 that is held or conducted for purposes other
than public exhibition but which is open to
the public;
page 3
Liquor Control Amendment Bill 2008
s. 6
"spectator" means a person who --
(a) enters; or
(b) attempts to enter; or
(c) is inside,
5 a licensed stadium.
".
6. Section 121 amended
Section 121(11)(c) is deleted and the following is inserted
instead --
10 "
(c) the work carried out by the juvenile is
supervised at all times; and
(d) either --
(i) the work carried out by the juvenile will
15 be assessed for the purposes of a
prescribed training course being
undertaken by the juvenile; or
(ii) the juvenile has successfully completed
a prescribed training course the
20 assessment for which included an
assessment of the juvenile's work while
employed or engaged to serve liquor
ancillary to a meal.
".
25 7. Section 155 amended
Section 155(6) is amended by deleting the full stop and
inserting instead --
"
; or
30 (c) if a person contravenes section 110(3A), a
member of the Police Force may seize and, as
page 4
Liquor Control Amendment Bill 2008
s. 8
soon as is practicable, dispose of any opened or
unopened container of liquor that is in the
possession of the person.
".
5 8. Section 171 amended
Section 171(1) is amended as follows:
(a) after "purchases or obtains" by inserting --
" , or attempts to purchase or obtain, ";
(b) in paragraph (a) after "purchase or obtaining" by
10 inserting --
" , or the attempt to purchase or obtain, ".
9. Section 174A amended
Section 174A(1) is amended by inserting after "Act" --
"
15 except anything that is seized and disposed of in
accordance with section 155(6)
".
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