Thursday, 3 March 2011

Legislation Watch: Justice Legislation Amendment Bill 2011

The new parliamentary session has started.

The Justice Legislation Amendment Bill 2011 is about licensed venues. The Explanatory Memorandum is here. The new law will allow the police or the management of a venue to issue a barring notice to a person. The notices run for 1, 3 or 6 months depending on whether the person has previously been barred from the same venue.

Section 106D would read,

106D Barring orders

A licensee, permittee, responsible person or member of the police force may, by order served on a person, bar the person from entering or remaining on licensed premises for a specified period if—

(a) the person is drunk, violent or quarrelsome in the licensed premises; or

(b) the licensee, permittee, responsible person or member of the police force reasonably believes that the safety of the person, or any other person in the licensed premises, is at substantial or immediate risk as a result of the consumption of alcohol by the person.

The maximum penalty for not complying with the order is 20 penalty units.

The amendments also increase the penalty for the offence of drunk and disorderly under s 14 of the Summary Offences Act 1986. Currently the penalty is punishable by a maximum penalty of 10 penalty units or imprisonment for three days. A further offence is punishable by a maximum of 1 month in gaol. The amendment doubles the available fine in either case to 20 penalty units.

The bill will be back before the Assembly on 17 March. Once through parliament it will take effect on a day to be proclaimed, if not earlier then on 1 February 2012.

1 comment:

Habeas Corpus said...

You left out mentioning the new definition of "the vicinity of licensed premises" that will be inserted at 3(4) of the LCRA.

It will say, "(4) A reference in this Act to the vicinity of licensed premises means a public place that is within 20 metres of the licensed premises, but is not the licensed premises.".

The point of this is to stop people who have been rejected from pubs and nightclubs hanging around outside, starting fights and carrying on. They have always had the ability to throw out anybody they didn't want inside the place.