Changes have been made to the Liquor Act 1992 to prohibit people from entering or remaining on premises, subject to a licence or permit under the Liquor Act, if they are wearing or carrying certain prohibited items (outlined below) which are associated with a declared criminal organisation. It also places obligations on licensees/permittees, approved managers, employees and agents of licensees/permittees that they not knowingly allow anyone wearing or carrying the prohibited items to enter or remain on the premises.
The Liquor Act provides for authorised persons, which include the licensee/permittee, employees or agents of the licensee/permittee, and police officers, to tell a person wearing or carrying prohibited items to immediately leave the premises.
Penalties apply and the maximum penalty for the licensee/permittee, approved manager or employee/agent of the licensee/permittee for knowingly allowing a person wearing or carrying prohibited items to enter or remain on the premises is $11,000.
Significant penalties also apply if the person refuses to leave when required, or resists an authorised person who is removing them from the premises (maximum penalty for first offence $41,250, second offence $57,750 or 6 months imprisonment and third or later offences $82,500 or 18 months imprisonment).
Prohibited item is defined in the Liquor Act as meaning:
an item of clothing or jewellery or an accessory that displays—
- (a) the name of a declared criminal organisation; or
- (b) the club patch, insignia or logo of a declared criminal organisation; or
Note— The things mentioned in paragraph (b) are also known as the ‘colours’ of the organisation.
(c) any image, symbol, abbreviation, acronym or other form of writing that indicates membership of, or an association with, a declared criminal organisation, including—
(i) the symbol 1%;
(ii) and the symbol 1%er;
(iii) any other image, symbol, abbreviation, acronym or other form of writing prescribed under a regulation for this paragraph.
