Alcohol Restrictions
Since 2002, 19 of Queensland’s discrete Indigenous communities have been declared as alcohol restricted areas under the Liquor Act 1992. Alcohol restrictions are only one aspect of a complete Alcohol Management Plan, which is developed by Government and the community to assist with reducing alcohol-related harm. Community Alcohol Management Plans include dry place declarations in the home, bans on home brew, increased health and social services including alcohol and drug detoxification services, recreational activity, improved housing and economic development opportunities.
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Carriage limits
Restricted area declarations state a maximum amount of alcohol a person is permitted to carry within the restricted area. This is commonly known as an alcohol carriage limit. Some restricted areas have a carriage limit of zero, which means no alcohol is permitted. Alcohol carriage limits apply not only to individuals but is the maximum amount that can be transported in a vehicle, boat or aircraft regardless of the number of passengers.
Boundaries
Alcohol restrictions generally apply to the entire community area controlled by the local Indigenous shire council, unless an area is specifically excluded. Certain places such as beaches, wharves and riverbeds can be included in the restricted area.
Homes are also included in restricted areas. This means that in a house, a person must not have any type of liquor banned under the restrictions.
Maps showing the restricted area boundaries are available to download in each community profile. Alternatively, brochures and maps can be requested by calling the Alcohol Management Program Information line on 1300 789 030.
Specified Roads and Facilities – Bona Fide Traveller Exemption
Certain roads and public areas which are included in a restricted area have been declared as “specified roads and public facilities”. A bona fide traveller exemption applies to specified roads and facilities whereby someone passing through can carry more than the prescribed amount of alcohol allowed in the restricted area, provided they meet the following criteria:
- a reverse onus of proof applies and travellers will have to provide evidence their destination is not the restricted area; evidence can include a booking for accommodation outside the restricted area or a drivers licence showing an address outside of the restricted area;
- alcohol is secured in the vehicle, is not externally visible and is not removed from the vehicle while travelling on a specified road or using a public facility; and
- vehicles may only stop in emergency circumstances or when attending a specified public facility such as the Doomadgee Roadhouse or Bloomfield Falls car park in Wujal Wujal.
While you are travelling through a restricted area on a specified road do not turn off the road if you are carrying in excess of the carriage limit as the exemption does not apply anywhere else in the restricted area. Heavy fines apply.
Attempting to take alcohol into a restricted area
Strict penalties apply to persons who are caught attempting to carry more than the allowed carriage limit into a restricted area. If a person, on foot or in a vehicle, is intercepted by police near a locality with alcohol restrictions, and their intention is to take the illicit alcohol into the restricted area, they may be charged.
No Drinking in Public Places
While alcohol carriage limits allow a person to possess alcohol, no alcohol can be consumed in a public place, unless the area is a licensed premises or is declared by regulation as a ‘wet area’ as part of the alcohol restrictions. In restricted areas, Government may declare defined locations such as camping grounds as wet areas. Only alcohol permitted by the carriage limit can be consumed in a wet area and other strict rules may apply such as being a registered guest of the camp grounds.
Penalties
The maximum penalties applied for breaching these conditions are:
1st offence - $37,500
2nd offence - $52,500 or 6 months imprisonment
3rd offence - $75,000 or 18 months imprisonment
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Last reviewed 22 January 2009


