New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Act No. 105 of 1990
LOCAL GOVERNMENT (STREET DRINKING) AMENDMENT
BILL 1990
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to amend Part 23 of the Local Government Act 1919 to
enable portions of roads and footpaths in the area of a local council to be established as
alcohol-free zones.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a proclaimed day
or days.
Clause 3 inserts a new Division 2B into Part 23 of the Local Government Act
1919. The effect of the new Division is explained below.
Clause 4 enacts a consequential amendment to the Justices Act 1902, to enable a
penalty notice to be issued in respect of an offence arising under the new provisions.
PROPOSED DIVISION 2B OF PART 23 OF LOCAL GOVERNMENT
ACT 1919
Meaning of ``alcohol"
The word ``alcohol" is defined in proposed section 5 12H to mean ethanol (that is,
absolute alcohol) or any liquid containing it. It includes all forms of alcoholic liquor and
any other preparations containing alcohol.
Consumption of alcohol in alcohol-free zone
Proposed section 5 12I requires a police officer who finds a person who is drinking or
about to drink alcohol in an alcohol-free zone, or who has just done so, to issue a
warning to the person to the effect that drinking in the zone is prohibited and that
alcohol is liable to be confiscated from offenders. A person who ignores this warning is
guilty of an offence punishable by a $20 fine. Under proposed section 512J, the person's
alcohol can be confiscated by police. Confiscated alcohol is forfeited to the Crown.
Act No. 105 of 1990
2
Local Government (Street Drinking) Amendment 1990
Creation of alcohol-free zones
Proposed section 512K deals with how an alcohol-free zone is created. If application
is made to the council of an area by a person living or working in the area, or by the
police or any community group in the area, the council may resolve to establish a zone
consisting of a road or roads (or parts of roads) as an alcohol-free zone. (Note that, for
this purpose, a "road" includes a footpath.)
Before the zone is established as an alcohol-free zone, the council is required to
advertise its intentions and to consider representations or objections made by interested
parties. It must also consult the local police, the Anti-Discrimination Board and hoteliers
and other holders of liquor licences in the affected part of its area.
A zone may be established as an alcohol-free zone for a period of 12 months. After
that it lapses, but it may be re-established any number of times, as long as the requisite
procedure is complied with each time,
Suspension or cancellation
Proposed section 512L allows the operation of an alcohol-free zone to be suspended
or cancelled by the council.
Guidelines
Under proposed section 512M, the Minister is required to set down guidelines for the
creation and operation of alcohol-free zones and for their suspension or cancellation.
These are to be made available to councils and interested parties.
Enforcement
Proposed section 512N allows a penalty notice to be issued to a person drinking
alcohol in the zone.
Proposed section 512O provides that the provisions of the new Division are in
addition to existing requirements of the law (e.g. the Summary Offences Act 1988,
which prohibits drinking of liquor by minors in public places).
Proposed section 512P provides that no one is to be imprisoned as a consequence of
contravening the provisions of the proposed new Division.