Part 4642 Confiscation of alcohol in alcohol-free zones
(1) A police officer or an enforcement officer may seize any alcohol (and the bottle, can, receptacle or package in which it is contained) that is in the immediate possession of a person in an alcohol-free zone if:(a) the person is drinking alcohol in the alcohol-free zone, or(b) the officer has reasonable cause to believe that the person is about to drink, or has recently been drinking, alcohol in the alcohol-free zone.(2) Any alcohol or thing seized under this section is, by virtue of the seizure, forfeited:(a) if seized by a police officer—to the State, or(b) if seized by an enforcement officer—to the council that employs the officer.(3) Any alcohol seized under this section may:(a) be disposed of immediately by tipping it out of the bottle, can, receptacle or package in which it is contained, or(b) be otherwise disposed of in accordance with directions given by the Commissioner of Police or the council (as the case requires).(4) In this section:enforcement officer means an employee of a council authorised in writing by the Commissioner of Police to be an enforcement officer for the purposes of this section.
644 Proposal for establishment of alcohol-free zone
(1) A council may prepare a proposal for the establishment of an alcohol-free zone, either on its own motion or on the application of one or more of the following people:(a) a person who the council is satisfied is a representative of a bona fide community group active in the area,(b) a police officer,(c) a person who the council is satisfied lives or works in the area.(2) The application must be in the form set out in the guidelines in force under section 646 or, if there are no such guidelines, in the approved form.(3) The proposal must comply with the guidelines (if any) in force under section 646.(4) The proposed alcohol-free zone may comprise either or both of the following:(a) a public road or part of a public road,(b) a public place that is a car park or part of a car park.(5) The proposal may provide for an alcohol-free zone to be established for a period not exceeding 4 years and for the zone to operate for the whole of that period or just for days on which particular special events occur.
644A Public consultation on proposal to establish alcohol-free zone
(1) After preparing a proposal under section 644, the council may, by notice published in a newspaper circulating in the area as a whole or in a part of the area that includes the zone concerned:(a) declare that it proposes to establish an alcohol-free zone, indicating the location of the zone and the proposed period or special events for which it will operate, and(b) state the place at which, the dates on which and the times during which a copy of the proposal may be inspected, and(c) invite representations and objections from persons and groups within the area, indicating that any representations or objections by them must be made within 14 days after the date on which the notice is published.(2) The council must give a copy of its proposal to each of the following persons, indicating that any representations or objections by the person must be made within 30 days after the date on which the copy is given:(a) the officer in charge of the police station within or nearest to the proposed alcohol-free zone,(b) each holder of a licence in force under the Liquor Act 2007 for premises that border on, or adjoin or are adjacent to, the proposed alcohol-free zone.(c) (Repealed)(3) If required to do so by the guidelines in force under section 646, the council must also give a copy of its proposal to the Anti-Discrimination Board, indicating that any representations or objections by the Board must be made within 40 days after the date on which the copy is given.(4) The council must consider all representations and submissions that are duly made to it under this section.
644B Establishment of alcohol-free zones
(1) After complying with the procedures set out in sections 644 and 644A, the council may, by resolution, adopt a proposal (with or without modifications) to establish an alcohol-free zone.(2) The resolution has the effect of establishing the alcohol-free zone in accordance with the terms of the resolution.(3) After making the resolution, the council must, by notice published in a newspaper circulating in the area as a whole or in a part of the area that includes the zone concerned:(a) declare that an alcohol-free zone has been established, and(b) specify the period (or, in the case of a zone established for one or more special events, the day or days) for which the alcohol-free zone is to operate.(4) An alcohol-free zone may be re-established from time to time, in accordance with this Part, for further periods each not exceeding 4 years.
644C Operation of alcohol-free zones
(1) An alcohol-free zone operates, in accordance with the terms of the resolution establishing the zone, for the whole of the period specified in the resolution or just for specified days on which particular special events occur.(2) However, an alcohol-free zone cannot operate earlier than 7 days after the first publication of the relevant notice under section 644B.(3) An alcohol-free zone operates only so long as there are erected at the outer limits of the zone, and at suitable intervals within the zone, conspicuous signs:(a) stating that the drinking of alcohol is prohibited in the zone, and(b) specifying the period (or, in the case of a zone established for one or more special events, the day or days) for which the alcohol-free zone is to operate, as specified in the resolution by which it was established.(4) The signs must comply with the requirements of the guidelines (if any) in force under section 646.
645 Suspension or cancellation
(1) The council may, at the request of any person or body or of its own motion, suspend the operation of an alcohol-free zone by publishing notice of the suspension in a newspaper circulating in the area as a whole or in a part of the area that includes the zone concerned.(2) During the period indicated in such a notice as the period of suspension, the zone does not operate as an alcohol-free zone.(3) In like manner the council may at any time cancel the operation of an alcohol-free zone.
646 Guidelines for alcohol-free zones
(1) For the purposes of this Part, the Minister may from time to time prepare, adopt or vary guidelines that must be followed by councils for the establishment of an alcohol-free zone or the cancellation or suspension of the operation of an alcohol-free zone.(2) The guidelines for the time being in force are to be made available to councils on request and, on payment of such fee (if any) as the Minister may determine, to any interested person.(3) The guidelines are to include a list of the names of the councils that are required to advise the Anti-Discrimination Board under section 644A (3). The list is to be prepared after consultation with the Board.(4) However, the guidelines are to make it clear that other councils may also advise the Anti-Discrimination Board under section 644A (3).
This Part is to be read as supplementing, and not as derogating from, the provisions of the Summary Offences Act 1988 or any other Act or law.