Bills

Summary Offences (Liquor Offences) Amendment Bill

Second Reading

The Hon. R.I. LUCAS (Treasurer) (15:29): I move:

That this bill be now read a second time.

The government is today introducing the Summary Offences (Liquor Offences) Amendment Bill 2018. Members may be aware that this bill has previously been before the parliament in a different life, with broader powers for the search of vehicles in specific areas. Notably, the broad search provisions the former government heavily favoured have not made their way into this bill. Importantly, the bill contains a number of reforms that create new offences and provide additional investigative powers to reduce the incidence of the unlawful sale of liquor and supply of liquor to vulnerable communities where the possession and consumption of liquor is generally prohibited. This is colloquially known as grog running.

The grog running trade often leads to alcohol-related harm, including serious violence, disorder, antisocial behaviour, and resultant medical problems for many who live in vulnerable communities. Existing measures include those under the Liquor Licensing Act 1997, such as offences, restrictive licence conditions on the sale and supply of liquor and barring orders. In addition, both the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 and the Aboriginal Lands Trust Act 2013 contain provisions regarding the possession and consumption of liquor in specific areas. It is clear, therefore, that new and different solutions are needed in order to address the issue and effects of grog running in many of our remote communities. This bill seeks to do so.

Members interjecting:

The PRESIDENT: This is not a committee meeting. Can honourable members decide whether they are coming or going.

The Hon. R.I. LUCAS: I now highlight the main features of the bill. There are new offences in the Summary Offences Act 1953 relating to possessing or transporting liquor for the purpose of sale with a rebuttable presumption that possession above a prescribed quantity of liquor is for the purpose of sale. There is also a new offence in the Summary Offences Act 1953 for a person who supplies liquor or possesses or transports liquor with intention to supply it to a person in a dry community. There is a rebuttable presumption that, where an offender possessed or transported liquor in a designated area, the possession or sale was for the purpose of supply.

Designated areas are determined by the minister and must not be more than 20 kilometres from the boundary of a prescribed area. Prescribed areas are dry areas within the Liquor Licensing Act 1997, trust land within the meaning of the Aboriginal Lands Trust Act 2013, or 'the lands' within the meaning of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981, or 'the lands' within the meaning of the Maralinga Tjarutja Land Rights Act 1984.

There is a new offence in the Liquor Licensing Act 1997 for a holder of a licence who sells liquor to a person reasonably believed to be an unlicensed seller intending to sell the liquor, and the unlicensed seller then sells that liquor. There is a further new offence in the Liquor Licensing Act 1997 for an occupier or person in charge of premises who knowingly permits the unlicensed sale of liquor on those premises.

There are amendments to the Criminal Investigation (Covert Operations) Act 2009 so that serious criminal behaviour for the purposes of undercover operations approved under that act includes offences against section 29 of the Liquor Licensing Act 1997, including the two new offences proposed and the new offences in proposed sections 21OB and 21OC of the Summary Offences Act 1953. There are also amendments to the Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007 so that a forfeiture offence for the purposes of forfeiture and impounding of offenders' vehicles includes the new offences in proposed sections 21OB(1) and 21OC(1) of the Summary Offences Act 1953.

As I previously mentioned, the former government introduced a similar bill, which lapsed on the dissolution of parliament. However, this bill differs from the former government's bill in two major areas. Firstly, the limit in relation to a designated area of land, referred to in proposed section 21OD(3), has been reduced from 100 kilometres to 20 kilometres. The Marshall government sees the 100-kilometre limit as excessive and unnecessary, as it would encompass a large geographical area.

Secondly, some of the additional police powers have been removed. In particular, the police power to stop a vehicle, detain and search a vehicle, and direct a person to open any part of the vehicle without reasonable suspicion, has been removed. The power to seize and dispose of property suspected on reasonable grounds as intended to be used for the purpose of committing an offence, or as affording evidence as to the commission of an offence, has also been removed. The government believes that these powers are excessive and that the power of police to stop, search and detain should be the same for every other offence, being those powers in the Summary Offences Act 1953.

It is also the government's belief that the current powers in the Summary Offences Act 1953 achieve the appropriate balance between the need for police officers to enforce the law and for community members to go about their daily activities without fear that they will be stopped and searched without reasonable suspicion. I commend the bill to members and I seek leave to have the detailed explanation of clauses inserted into Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Summary Offences Act 1953

4—Insertion of Part 3B

New Part 3B is proposed to be inserted:

Part 3B—Liquor etc

21OA—Interpretation

Definitions are inserted for the purposes of the Part. The definitions of liquor and sale are the same as in the Liquor Licensing Act 1997.

The other definitions relate to designated areas—certain offences and powers under the Part apply in designated areas—and prescribed areas.

21OB—Possession, transportation of liquor for sale

This section sets out an offence of possessing or transporting liquor for the purpose of sale (as defined). If such an offence is committed, liability is extended to—

a person (if any) on whose behalf liquor is possessed or transported; and

a person who would derive a direct or indirect pecuniary benefit from the sale of the liquor who knew, or ought reasonably to have known, that the first person was in possession of or transporting the liquor for the purpose of sale.

The offences in subsections (1) and (2) do not apply to the possession or transportation of liquor for the purpose of a sale that may lawfully be made.

A defence is provided for in relation to the offence set out in subsection (3).

An evidentiary provision provides that if, for an offence against subsection (1) or (2) it is proved that the amount of liquor possessed or transported exceeds the prescribed amount, it is presumed, in the absence of proof to the contrary, that the liquor was possessed or transported (as the case requires) for the purpose of sale.

21OC—Supply etc of liquor in certain areas

This section sets out an offence relating to the supply of liquor to a third person who is in a prescribed area. The offence extends to the transportation of liquor with the intention to supply, or believing that another person intends to supply, the liquor to the third person and to the possession of liquor with the intention to supply it to the third person.

An evidentiary provision provides that if, for an offence against the section, it is proved that a person possessed or transported liquor in a designated area, it is presumed, in the absence of proof to the contrary, that the person possessed or transported the liquor intending to supply it to a third person.

21OD—Designated areas

This section empowers the Minister (by notice published in the Gazette) to designate an area of land as a designated area for the purposes of the Part. A designated area cannot include land that is more than 20km from the boundary of a prescribed area. Notices published under this section must be tabled in Parliament and may be disallowed by either House of Parliament.

21OE—Evidence

Evidentiary provisions relating to proving that a specified substance is liquor and that a statement on a sealed liquor container contains liquor of the description and in the quantity and concentration stated are provided for.

21OF—Regulations

This section allows for the regulations to disapply the Part or provisions of the Part in prescribed circumstances or to a specified class of persons or to provide for exemptions from the Part or provisions of the Part for classes of persons or activities.

Schedule 1—Related amendments

Part 1—Amendment of Criminal Investigation (Covert Operations) Act 2009

1—Amendment of section 3—Interpretation

Certain of the new offences provided for in the measure (being offences against section 29 of the Liquor Licensing Act 1997 and offences against section 21OB or 21OC of the Summary Offences Act 1953) are added to the definition of serious criminal behaviour.

Part 2—Amendment of Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007

2—Amendment of section 3—Interpretation

Certain of the new offences provided for in the measure (being offences against section 21OB(1) or 21OC(1) of the Summary Offences Act 1953 (defined as designated liquor offences)) are added to the definition of forfeiture offence for the purposes of clamping, impounding and forfeiture of motor vehicles.

Part 3—Amendment of Liquor Licensing Act 1997

3—Amendment of section 29—Requirement to hold licence

A new provision provides that an occupier or person in charge of premises on which liquor is sold in contravention of existing section 29(1) who knowingly permits the sale is guilty of an offence.

In addition, if a prescribed person (which is defined) sells liquor to another person and the prescribed person reasonably believes, or ought reasonably to believe, that the other person intends to sell the liquor in contravention of existing section 29(1) and that other person then sells the liquor in contravention of subsection (1), the prescribed person is guilty of an offence.

Debate adjourned on motion of Hon. I.K. Hunter.