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Community leaders and lawyers call new liquor laws 'racist' and 'unfair'

The new laws allow police to stop and search cars, and seize and destroy any alcohol above the personal limits. (ABC Kimberley Erin Parke)

One of Western Australia's peak legal organisations has labelled new liquor rules as discriminatory towards Aboriginal people. 

From Saturday, September 18, there will be limits on the amount of alcohol allowed in a car, truck, caravan, ship or plane, within the Kimberley in the state's far north.

The "carriage regulations", announced only two days before implementation, bizarrely included trains, despite there being no railways in a region bigger than Spain.

There's a $10,000 fine for breaching the limits of more than one carton of beer, cider or pre-mixed spirits, or three bottles of wine, or one litre of spirits or fortified wine, or a combination of two products, per adult in the vehicle.

Police confiscated cartons of beer destined for remote communities (Supplied: WA Police)

Top-down approach criticised 

The Aboriginal Family Legal Services said that while it was positive to see the government thinking about how to limit liquor supply in the Kimberley where consumption has often been a driver of family and domestic violence, it had serious concerns about the new regulations and the government's approach lacked transparency.

"I am concerned that the new section of the Liquor Control Act will disproportionately affect Aboriginal people," Corina Martin CEO of AFLS WA said.

"This top-down approach being enforced by the Government through the WA Police is discriminatory and will fail to improve the social and health outcomes of the community."

Walmajarri man and resident in the Fitzroy Valley Peter Murray was also concerned.

"I won't support anyone selling sly grog. But there needs to be more consultation with the community and individuals so we can get it right," Mr Murray said.

Walmajarri man Peter Murray is concerned the new laws will unfairly target Aboriginal people. (ABC News: Erin Parke)

Exemptions to the transport rules are available for pastoralists, tourists and workers on remote sites.

"The exemptions to these carriage limits which apply to tourists, pastoralists, station owners and operators of remote work sites, only reinforces the racist intent of this legislation," Corina Martin from the AFLS WA said.

"The main cause of the problem is the liquor industry which must be regulated appropriately."

The laws were designed to help WA Police stamp out the illegal liquor trade, but Peter Murray described the regulation as racist.

"The sly groggers will get targeted but … it's just drafting out Aboriginal people and it feels a bit racist," Mr Murray said.

Call to apply liquor restrictions statewide

Lombadina community resident Tony Sibosado believed alcohol restrictions should apply statewide or "don't have them at all."

"I think it's discrimination against Aboriginal people in the Kimberley," Mr Sibosado said.

The Bard man described the carriage laws as "discrimination" and doubted an Aboriginal person who applied for an exemption would be granted one.

"What about people who live in remote communities going into town who do their shopping? I think all people living in remote communities should be eligible to get an exemption."

He also said sly groggers will continue to evade police, using back tracks or late-night trips, especially since the laws are limited to 20 kilometres around every Kimberley town.

Alcohol is banned in Wangkatjungka, near Fitzroy Crossing (ABC Kimberley: Matt Brann)

The renewed crackdown on the illegal liquor trade has been welcomed by a community council southeast of Fitzroy Crossing on the edge of the Great Sandy Desert.

"We need to live in a safe environment, without alcohol," Sharon Bieundurry, acting CEO of Kurungal council, said.

Ms Bieundurry, who lives in the alcohol-free community of Wangkatjungka, said residents "want to see sly grogging come to an end."

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