Western Australian Consolidated Acts Western Australian Consolidated Acts (1)
If —
(a) a
person is convicted for an offence under section 23 or 24; and
(b) the
offence took place on premises in respect of which a licence has been granted
under the Liquor Control Act 1988 ,
the licensee, any
manager of the business conducted under the licence, and any employee or agent
of such a person who permitted the offence under section 23 or 24 to
occur on those premises, commits an offence.
Penalty: In the case of the licensee or manager,
$5 000;
In the case of an employee or agent, $2 000.
(2) In any proceedings
against a person under subsection (1), any statement made by the person
convicted for the offence under section 23 or 24, as to the place where
the offence was committed shall be prima facie evidence of the place where the
offence was committed.
(3) It is a defence to
any charge of an offence under subsection (1) to show —
(a) that
the accused person or, if the accused person was not on the premises at the
time the offence against section 23 or 24 was committed, the person then
in charge of the premises, did not know and could not by the exercise of all
practical diligence have known, that the offence was being committed; or
(b) that
the offence was committed contrary to the will of the accused person or, if
the accused person was not on the premises at the time the offence was
committed, contrary to the will of the person who was then in charge of the
premises, and that the accused person or the person so in charge, as the case
may be, took all reasonable steps to prevent the offence from being committed.
(4) If any member of
the Police Force has reasonable grounds for suspecting that, on any premises
in respect of which a licence has been granted under the
Liquor Control Act 1988 , a person found on the
premises —
(a) has,
at any time on that day on which the person was so found on those premises,
been guilty of betting or offering to bet, contrary to the provisions of this
Act; or
(b) is
on those premises for the purpose of so betting,
that member of the
Police Force may, without warrant, arrest that person and remove the person
from the premises, or cause the person to be so arrested or removed.
(5) If a person who
has been so removed from any such premises re-enters or is again upon those
premises during the day on which that person was so removed, the person
commits an offence.
Penalty: $100.
(6) No member of the
Police Force who has acted bona fide in the intended exercise of the powers
conferred by subsection (4), and no person acting under the instructions
of, or for the purpose of assisting such a member, is liable to any
proceedings, civil or criminal, in consequence of having so acted.
[Section 26C inserted by No. 63 of 1995
s. 73; amended by No. 73 of 2006 s. 114.]