Document ID: chunk:federal_register_of_legislation:C2010A00093:clause:3_19a:p1
Version: federal_register_of_legislation:C2010A00093
Segment Type: clause
Provision Reference: sch 3 cl 19A (pt 1/2)
Character Range: 55630–58455

19A  Reapplication of the provisions of this Division
 (1) The Commonwealth Minister may, by legislative instrument, revoke a declaration made under paragraph 19(1)(b) in relation to a prescribed area or a part of a prescribed area.
 (2) At and after the time the instrument made under subsection (1) takes effect:
 (a) subject to paragraph (b), this Division again has effect, or the provisions of this Division specified in the declaration referred to in subsection (1) again have effect, in relation to the prescribed area or the part of the prescribed area; or
 (b) if, in the instrument made under subsection (1), the Commonwealth Minister declares that specified provisions of this Division again have effect in relation to the prescribed area or the part of the prescribed area—only those provisions again have effect in relation to the prescribed area or the part of the prescribed area.
 (3) The Commonwealth Minister may make a legislative instrument under this section:
 (a) on the Commonwealth Minister's own initiative; or
 (b) following a request made to the Commonwealth Minister by, or on behalf of, a person who is ordinarily resident in the prescribed area or in the part of the prescribed area.

Community consultation
 (4) Before making a legislative instrument under this section, the Commonwealth Minister must ensure that:
 (a) information setting out:
 (i) the proposal to make the instrument; and
 (ii) an explanation, in summary form, of the consequences of the making of the instrument;
  has been made available in the prescribed area or the part of the prescribed area; and
 (b) people in the prescribed area or the part of the prescribed area have been given a reasonable opportunity to discuss:
 (i) the proposal to make the instrument; and
 (ii) the consequences of the making of the instrument; and
 (iii) their circumstances, concerns and views, so far as they relate to the instrument;
  with employees of the Commonwealth or such other persons as the Commonwealth Minister thinks appropriate.
 (5) A failure to comply with subsection (4) does not affect the validity of a legislative instrument under this section.

Criteria for making legislative instrument
 (6) In making a legislative instrument under this section, the Commonwealth Minister must have regard to the following matters:
 (a) the well‑being of people living in the prescribed area or the part of the prescribed area;
 (b) whether there is reason to believe that people living in the prescribed area or the part of the prescribed area have been the victims of alcohol‑related harm during a period the Commonwealth Minister considers appropriate;
 (c) the extent to which people living in the prescribed area or the part of the prescribed area have, during a period the Commonwealth Minister considers appropriate, expressed