Page 2295 - Week 08 - Wednesday, 29 August 2007
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told to tone down the noise and they refuse to obey those directions, that would be a $200 penalty unit offence because the maximum penalty in the statute is $1,000.
I now turn to the Liquor Act. Section 139 (1) states that a person must not consume liquor in a prescribed public place. That is usually within 50 metres of bus interchanges and licensed premises, or such areas as prescribed. I recall former Attorney-General Terry Connolly prescribing parts of Northbourne Avenue during Summernats, for example, as a prescribed public place. The penalty for that is five penalty units, so that would attract an infringement notice of $200.
Section 139 (2) states that a person must not possess an open container of liquor in a prescribed public place with the intention of consuming the liquor in that place. That is a two penalty unit offence, so that would involve an infringement notice of $100. I recall Terry Connolly bringing that one in, and I think the first one was one of mine, from way back then.
Section 152 of the Liquor Act deals with the supply and sale of liquor to under-age persons. It states that a person shall not sell or supply liquor to a person under 18. That attracts a maximum penalty of 50 penalty units, which is $5,000, and that would attract an infringement notice of $200. Obviously, in that case, the police discretion would be used as to whether that is appropriate or whether something more substantive could be done. It should be remembered that these are at the discretion, and I think sensibly so, of police officers. It does not mean they have to impose a penalty unit. If an offence warrants something more than that, they should be arrested and charged. They have administered schemes like this exceptionally well in the past and I know they will do so again.
Section 154 relates to buying, possession and consumption of liquor by under-age people. People under 18 cannot buy liquor or possess or consume liquor. Currently, that involves a penalty of five penalty units, so that attracts an infringement notice of $200. The AHA is keen to see infringement notice schemes used.
What I have put before the Assembly is not exhaustive. There are a couple of other matters. I mentioned shoplifting—and I appreciate there are some issues there—and there are possibly a couple of other areas where things could be added. At the end of the day, we are in the hands of the Assembly; there is a majority government. I have heard the minister indicate that he was looking at infringement notices for events like Skyfire. There may well be some other offences that should be included here; there may be some that the government, for whatever reason, spurious or otherwise, may want to take out. That is their prerogative; they have the numbers to do so.
But remember this: every single police officer I spoke to at the five stations I visited wanted this scheme. The beat squad with which I went out with Steve Pratt in August regarded this as an essential tool which would greatly assist them in curbing anti-social behaviour. It has benefits in terms of saving police time; they can get on with the job of addressing more serious crime. It saves money because it saves time, including court time, and it saves offenders’ time as well. So these things are often win-win situations all round.
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