Section 116 Liquor Act 2007 | Regulations Regarding Restricted Alcohol Areas


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The Legislation

Section ‘X’ of the Liquor Act 2007 (NSW) is concerned with ‘X’ and is set out below.

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116 Provisions relating to making of regulations declaring restricted alcohol areas

(1) The following provisions apply in relation to any regulation that declares a specified area of the State to be a restricted alcohol area:
(a) the Minister may recommend that the regulation be made only if the Authority, in response to a request by a group of persons:
(i) who are seeking to have the area declared a restricted alcohol area, and
(ii) who, in the opinion of the Authority, represent the interests of the community in that area, has recommended that the area should be declared a restricted alcohol area,
(b) the Authority may not make such a recommendation unless it is satisfied, after consultation with:
(i) the Commissioner for Police, and
(ii) the council of each local government area in which the proposed restricted alcohol area would be located, and
(iii) if the proposed restricted alcohol area has a recognised Aboriginal community–the Minister for Aboriginal Affairs, and
(iv) such other persons as the Authority considers appropriate to consult (including representatives of the community that is likely to be affected by the declaration), that the proposed regulation is in the public interest and has the support of the majority of the community that is likely to be affected by the declaration.

(2) A regulation made under this Division declaring an area of the State to be a restricted alcohol area must specify a period (not exceeding 3 years) during which the declaration is to have effect. The declaration ceases to have effect at the end of that specified period.

(3) The regulations may prescribe other requirements that must be complied with before an area may be declared to be a restricted alcohol area.