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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 103
Licensing
(Repeals and Consequential Amendments)
Bill 2014
Mr
Giles
A Bill for an Act to repeal various
regulations and amend other laws in
consequence
of the enactment of the Licensing (Director-General) Act
NORTHERN TERRITORY OF AUSTRALIA
LICENSING (REPEALS AND CONSEQUENTIAL AMENDMENTS) ACT 2014
____________________
Act No. [ ] of 2014
____________________
Table of provisions
Part 5B Review by Civil and Administrative Tribunal
68CA Meaning of reviewable decision
68CB Meaning of affected person
68CC Jurisdiction of Civil and Administrative Tribunal
68CD
Delegate
decisions
Division
3 Transitional matters
for Licensing (Director-General) Act 2014
Subdivision 1 Definitions
85 Definitions
Subdivision 2 Applications
86 Application to NTLC Director – pending decision
Subdivision 3 Review of decisions
87 New review regime applies to post-commencement decisions
88 Review of pre-commencement decision – application not yet made
89 Review of pre-commencement decision – application made
Subdivision 4 General matters
90 Continuation of ongoing documents and things
91
Protection of NTLC
Director continues
Part
9A Review of
decisions
166A Meaning of reviewable decision
166B Meaning of affected person
166C Jurisdiction of Civil and Administrative Tribunal
166D Delegate
decisions
Part
11 Transitional
matters for Licensing (Director-General) Act 2014
Division 1 Definitions
195 Definitions
Division 2 Applications
196 Application to NTLC Director – pending decision
197 Application to Commission – not yet considered
198 Application to Commission – under active consideration
199 Active consideration
Division 3 Review of decisions
200 New review regime applies to post-commencement decisions
201 Review of pre-commencement decision – application not yet made
202 Review of pre-commencement decision – application made
Division 4 General matters
203 Continuation of ongoing documents and things
Schedule Reviewable
decisions
7 Delegation
64 Consideration
and decision of
Director-General
68 When
variation takes
effect
73 Making
of
complaint
77 Cancellation
of licence
Part 10 Review of decisions
78 Meaning of reviewable decision
79 Meaning of affected person
80 Jurisdiction of Civil and Administrative Tribunal
81 Delegate
decisions
Part
12 Transitional
matters for Licensing (Director-General) Act 2014
Division 1 Definitions
90 Definitions
Division 2 Applications
91 Application to Commission – not yet considered
92 Application to Commission – under active consideration
93 Active consideration
Division 3 Review of decisions
94 New review regime applies to post-commencement decisions
Division 4 Complaints and applications to cancel licence
95 New complaints regime applies to post-commencement complaints
96 Complaint made before commencement – pending action
97 Complaint made before commencement – complaint being dealt with
98 Application for cancellation made before commencement
Division 5 General matters
99 Continuation
of ongoing documents and things
Schedule
2 Reviewable
decisions
19A Obstruction
of
inspector
20 Assessors
not to act if interested in matter
22 Delegation
by
Director-General
29 Decision
after consideration of
application
33 Variation
of conditions by
Director-General
33H Decision
notice
43 Consideration
of
application
59 Decision
on
application
63 Revocation
of special
licence
76AA Director-General
may propose
declaration
77 Acceptance
of application
78 Interested persons to be notified
79 Director-General
to consider
submissions
84 Revocation
of
declaration
86G Revocation
or amendment of
declaration
92 Decision
after consideration
Part
XAC Review of
decisions
120ZA Meaning of reviewable decision
120ZB Meaning of affected person
120ZC Jurisdiction of Civil and Administrative Tribunal
120ZD Delegate
decisions
120ZE Access
to
information
126 Approved
forms
Part
XIX Transitional
matters for Licensing (Director-General) Act 2014
Division 1 Definitions
149 Definitions
Division 2 Applications
150 Application to NTLC Director – pending decision
151 Application to Commission – not yet considered
152 Application to Commission – under active consideration
153 Active consideration
Division 3 Review of decisions
154 New review regime applies to post-commencement decisions
155 Review of pre-commencement decision – application not yet made
156 Review of pre-commencement decision – application made
Division 4 Complaints
157 New complaints regime applies to post-commencement complaints
158 Complaint made before commencement – pending action
159 Application for disciplinary action made before commencement
160 Appeal against pre-commencement disciplinary decision – appeal not yet commenced
161 Appeal against pre-commencement disciplinary decision – appeal commenced
Division 5 General matters
162 Continuation of ongoing documents and things
Schedule Reviewable
decisions
Part
6B Review of
decisions
53E Meaning of reviewable decision
53F Meaning of affected person
53G Jurisdiction of Tribunal
53H Licence refused because of disqualifying offence
53J Delegate
decisions
61 Approved
forms
Part
8 Transitional matters
for Licensing (Director-General) Act 2014
Division 1 Definitions
67 Definitions
Division 2 Applications
68 Application to licensing authority – not yet considered
69 Application to licensing authority – under active consideration
Division 3 Review of decisions and appeals
70 New review regime applies to post-commencement decisions
71 Appeal against pre-commencement decision – appeal not yet commenced
72 Appeal against pre-commencement decision – appeal commenced
Division 4 Complaints
73 New complaints regime applies to post-commencement complaints
74 Complaint made before commencement – not yet considered
75 Complaint made before commencement – under active consideration
76 Review of pre-commencement complaint decision – application not yet made
77 Review of pre-commencement complaint decision – application made
Division 5 General matters
78 Continuation of ongoing documents and things
79 Active consideration
80 Licence issued despite disqualifying offence
Schedule Reviewable
decisions and affected
persons
29A Notice
of
decision
42A Access
to information
42B Minister
may make
submissions
44 Police
to be notified of Director-General's
decisions
Part
3A Review of
decisions
Division 1 Definitions
47C Meaning of reviewable decision
47D Meaning of affected person
Division 2 Review of reviewable decisions
47E Jurisdiction of Tribunal
47F Minister may intervene
47G Tribunal may make different decision when certificate refused or cancelled
Division 3 Review of decisions made by delegate of Director-General
47H Regulations may declare decision not to be reviewable
47J Minister
may make
submissions
49A Approved
forms
52A Protection
from liability
Part
5 Repeals and
transitional matters
Division
1 Repeal
Division
2 Transitional matters
for Licensing (Director-General) Act 2014
Subdivision 1 Definitions
56 Definitions
Subdivision 2 Applications
57 Application to Commission – not yet considered
58 Application to Commission – under active consideration
59 Active consideration
Subdivision 3 Review of decisions
60 New review regime applies to post-commencement decisions
61 Appeal to Escort Tribunal against pre-commencement decision – appeal not yet lodged
62 Appeal to Escort Tribunal against pre-commencement decision – appeal commenced
63 Appeal to Supreme Court against pre-commencement decision – appeal not yet lodged
Subdivision 4 General matters
64 Continuation of ongoing documents and things
Schedule Reviewable
decisions and affected persons
Division
2 Licensing
(Director-General) Act 2014
161 Definitions
162 Application under section 89A – not yet considered
163 Application under section 89A – under active consideration
164 Active consideration
165 Continuation of ongoing documents and things
Part 4A Review of decisions
41 Meaning of reviewable decision
41A Meaning of affected person
41B Jurisdiction of Civil and Administrative Tribunal
41C Delegate
decisions
Part
10 Transitional
matters for Licensing (Director-General) Act 2014
Division 1 Definitions
62 Definitions
Division 2 Applications
63 Application to NTLC Director – pending decision
Division 3 Review of decisions
64 New review regime applies to post-commencement decisions
65 Review of pre-commencement decision – application not yet made
66 Review of pre-commencement decision – application made
Division 4 General matters
67 Continuation of ongoing documents and things
68 Legal immunity of NTLC Director continues
Schedule Reviewable
decisions
8 Limitation
on delegation by
Director-General
70 Consideration
and decision of
Director-General
73 Cancellation
of licence
Part
8 Review of
decisions
82 Meaning of reviewable decision
83 Meaning of affected person
84 Jurisdiction of Civil and Administrative Tribunal
85 Delegate
decisions
Part
12 Transitional
matters for Licensing (Director-General) Act 2014
Division 1 Definitions
129 Definitions
Division 2 Applications
130 Application to authority – not yet considered
131 Application to authority – under active consideration
132 Active consideration
Division 3 Review of decisions
133 New review regime applies to post-commencement decisions
Division 4 Complaints
134 New complaints regime applies to post-commencement complaints
135 Complaint made before commencement – pending action
136 Complaint made before commencement – complaint being dealt with
Division 5 Hearings and appeals
137 Right to request hearing arising before commencement
138 Hearing requested before commencement
139 Appeal against decision at hearing – appeal not yet commenced
140 Appeal against decision at hearing – appeal commenced
Division 6 General matters
141 Continuation
of ongoing documents and things
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2014
____________________
An Act to repeal various regulations and amend other laws in consequence of the enactment of the Licensing (Director-General) Act
[Assented to [ ] 2014]
[Second reading [ ] 2014]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Licensing (Repeals and Consequential Amendments) Act 2014.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Gaming Control
Act
3 Act
amended
This Part amends the Gaming Control Act.
(1) Section 3, definitions Commission and Director
omit
(2) Section 3
insert (in alphabetical order)
affected person, see section 68CB.
Director-General, see section 3 of the Licensing (Director-General) Act.
reviewable decision, see section 68CA.
(3) Section 3, definition approved
omit
Director
insert
Director-General
(1) Section 4, heading
omit, insert
4 Director-General
(2) Before section 4(3)
insert
(1) The functions of the Director-General under this Act are:
(a) to do such things as the Director-General considers necessary or desirable for the proper regulation and control, in the interests of the public, of gaming; and
(b) to investigate and make recommendations to the Minister on matters relating to the administration or operation of this Act; and
(c) to undertake research and investigations into matters relating to gaming control, including the probity and financial security of organisations and persons involved in the business of gaming; and
(d) to liaise with other gaming control agencies, whether in Australia or elsewhere, on matters relating to the administration, operation or control of gaming; and
(e) to make recommendations to the Minister relating to games that may be played in a casino; and
(f) to monitor the implementation of guidelines for gaming control in the Territory; and
(g) to review and determine complaints relating to the administration of gaming control; and
(h) to advise the Minister on matters relating to gaming control; and
(i) to perform other functions imposed on the Director-General under this Act.
(3) Section 4(3)
omit
all words from "The" to "inquire"
insert
In addition, the Director-General has the function of inquiring
(4) Section 4(4) and (6) to (9)
omit
Director (all references)
insert
Director-General
(5) Section 4(5)
omit
Section 13
repeal
(1) Section 68C(1)(a) and (b)
omit
Director
insert
Director-General
(2) Section 68C(1)(c)
omit
78.
insert
78;
(3) After section 68C(1)(c)
insert
(d) all other moneys that, under any Act, are required to be paid into the Fund.
After section 68C
insert
Part 5B Review by Civil and Administrative Tribunal
68CA Meaning of reviewable decision
A reviewable decision is a decision prescribed by regulation.
68CB Meaning of affected person
An affected person for a reviewable decision is a person prescribed by regulation.
68CC Jurisdiction of Civil and Administrative Tribunal
An affected person for a reviewable decision may apply to the Civil and Administrative Tribunal for a review of the decision.
The regulations may declare that a decision made under this Act by a delegate of the Director-General is not a delegate decision for the Licensing (Director-General) Act.
(1) Section 80(2)(a) and (b)
omit
(2) Section 80(2)(n)
omit
Commission or the Director
insert
Director-General
10 Part 7, Division 3 inserted
After section 84
insert
Division 3 Transitional matters for Licensing (Director-General) Act 2014
In this Division:
2014 Acts means the Licensing (Director-General) Act 2014 and 2014 Amending Act.
2014 Amending Act means the Licensing (Repeals and Consequential Amendments) Act 2014.
commencement means the commencement of section 22 of the Licensing (Director-General) Act 2014.
Commission means the Commission as defined in section 3 of the NTLC Act.
NTLC Act means the Northern Territory Licensing Commission Act as in force immediately before the commencement.
NTLC Director means the Director as defined in section 3 of the NTLC Act.
old legislation means the NTLC Act and this Act, as in force immediately before the commencement.
86 Application to NTLC Director – pending decision
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the NTLC Director; but
(b) the NTLC Director had not made a decision on the application.
(2) The application:
(a) is taken to be an application made on the commencement for the decision to be made by the Director-General; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 86
The Director-General's decision on the application will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
Subdivision 3 Review of decisions
87 New review regime applies to post-commencement decisions
Part 5B applies only in relation to decisions made after the commencement.
88 Review of pre-commencement decision – application not yet made
(1) This section applies if, before the commencement:
(a) a decision had been made under this Act and the period for applying for a review of the decision under the Gaming Control (Commission Procedures) Regulations, as then in force, had not expired; but
(b) an application for a review of the decision had not been made.
(2) A person who would have been entitled to apply for a review of the decision under the old legislation may do so under the old legislation, as if the 2014 Acts had not commenced.
(3) The Commission must review the decision in accordance with the old legislation as if the 2014 Acts had not commenced.
89 Review of pre-commencement decision – application made
(1) This section applies if, before the commencement:
(a) an application had been made under the Gaming Control (Commission Procedures) Regulations, as then in force, for a review of a decision made under this Act; but
(b) the Commission had not completed the review.
(2) The Commission must complete the review in accordance with the old legislation as if the 2014 Acts had not commenced.
90 Continuation of ongoing documents and things
(1) This section applies if:
(a) before the commencement, a power or function was conferred by this Act on the Commission or NTLC Director; and
(b) on the commencement, the power or function (or a substantially similar power or function) is conferred on the Director-General.
(2) On the commencement, an ongoing document continues with the same force and effect as if it had been issued by, or given to, the Director-General.
(3) On the commencement, an ongoing thing continues with the same force and effect as if it had been done by, or in relation to, the Director-General.
(4) This section applies subject to the other provisions of this Division and Part 5, Division 2 of the Licensing (Director-General) Act.
(5) In this section, a reference to something done before the commencement includes a reference to something done after the commencement in accordance with this Division as if it had been done before the commencement.
(6) In this section:
ongoing document means a document that:
(a) was issued by, or given to, the Commission or NTLC Director before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
ongoing thing means a thing that:
(a) was done by, or in relation to, the Commission or NTLC Director before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
91 Protection of NTLC Director continues
Despite the amendment made to section 79 by the 2014 Amending Act, that section continues to apply to the NTLC Director as if the 2014 Amendment Act had not commenced.
Schedule 1 has effect.
Part
3 Amendment of Gaming Machine
Act
12 Act
amended
This Part amends the Gaming Machine Act.
(1) Section 3, definitions Chairperson, Commission and Director
omit
(2) Section 3
insert (in alphabetical order)
affected person, see section 166B.
Director-General, see section 3 of the Licensing (Director-General) Act.
reviewable decision, see section 166A.
(3) Section 3, definition seal
omit
Director
insert
Director-General
(1) Section 17, heading
omit
Commission
insert
Director-General
(2) Section 17(1)
omit, insert
(1) In addition to the functions conferred on the Director-General under this Act, the Director-General has those functions conferred on the Director-General by the Minister.
(3) Section 17(2) and (3)
omit
Commission
insert
Director-General
(4) Section 17(2) and (3)
omit
its
insert
the Director-General's
Section 19
repeal
(1) Section 20(1)
omit
all words from "Director" to "Act "
insert
Director-General may appoint a public sector employee
(2) Section 20(3), (4) and (7)
omit (all references)
Director
insert
Director-General
(1) Section 21(1)
omit
all words from "Director" to "Act "
insert
Director-General may, in writing, appoint a person who is not a public sector employee
(2) Section 21(3)(a), (4) and (5)
omit (all references)
Director
insert
Director-General
(1) Section 24(3)(a), (b), (f)(i), (n) and (p)
omit
Director
insert
Director-General
(2) Section 24(3)(h)(ii)(B)
omit
all words from "in a" to "Acts"
insert
in accordance with the requirements under the Fire and Emergency Act and Building Act
(3) Section 24(3)(k)
omit, insert
(k) must specify the number of gaming machines that the applicant seeks to have authorised for use under the licence;
(4) Section 24(3)(q)
omit, insert
(q) must be accompanied by:
(i) the prescribed fee; and
(ii) the prescribed levy for each gaming machine that the applicant seeks to have authorised for use under the licence.
19 Section 41 amended
(1) Section 41(1)
omit
all words from "increased" to "licence"
insert
the number of gaming machines authorised for use under the licence increased
(2) Section 41(2)(a), (d) and (e), (7)(b) and (9)
omit
Director
insert
Director-General
(3) Section 41(2)(b)
omit
all words from "shall" to "sought"
insert
must specify the number of additional gaming machines that the applicant seeks to have authorised for use under the licence
(4) Section 41(2)(ca), (3), (4) and (7)
omit (all references)
Commission
insert
Director-General
(5) Section 41(2)(f)
omit, insert
(f) must be accompanied by:
(i) the prescribed fee; and
(ii) the prescribed levy for each additional gaming machine that the applicant seeks to have authorised for use under the licence.
(6) Section 41(4)(a)
omit
applied for in the application
insert
that the applicant seeks to have authorised for use under the gaming machine licence
(7) Section 41(5)
omit
all words from "Where" to "applied for"
insert
If the Director-General increases the number of gaming machines authorised for use under a licence, the number of additional gaming machines authorised must not be greater than the number sought in the application
(8) Section 41(6)
omit (all references)
Commission or Director
insert
Director-General
(1) Section 42(1), (2), (3) and (4A)
omit (all references)
Commission
insert
Director-General
(2) After section 42(1)
insert
(1A) The Director-General may do so on an application under subsection (3) or on the Director-General's own initiative.
(3) Section 42(2), (5) and (6)(a) and (b)
omit (all references)
Director
insert
Director-General
(4) Section 42(3)(a)
omit
made to the Director
(5) Section 42(3)(b)
omit
all words from "made" to "Service"
insert
by the Director of the Fire and Rescue Service
(6) Section 42(4)
omit, insert
(4) The Director-General must:
(a) advise the licensee by written notice of:
(i) the relevant details of a request or report made under subsection (3); or
(ii) if the Director-General proposes to decrease the number of gaming machines authorised for use under a licence on the Director-General's own initiative – details of that proposal; and
(b) invite the licensee to make a submission with respect to the request, report or proposal within such time as is specified in the notice.
(1) Section 49(1)(b)(v)
omit
by the Commission or Director
insert
under this Act
(2) Section 49(1)(b)(vi)
omit
Commission, the Director
insert
Director-General
(3) Section 49(1)(c), (2), (9)(a) and (b), (10), (11), (13) and (16)
omit (all references)
Commission
insert
Director-General
(4) Section 49(2), (4), (6) to (8), (13) and (15)
omit (all references)
Director
insert
Director-General
(5) Section 49(3) and (12)
omit
(6) Section 49(9)(c) and (d)
omit, insert
(c) answers given or submissions made in reply to, or in respect of, the notice are not satisfactory or, if no answers are given and no submissions are made, the Director-General may:
(i) by written notice give such directions to the licensee as the Director-General considers appropriate to ensure that any matter connected with, or giving rise to, the issue of the notice is rectified within the time specified in the notice; or
(ii) cancel, or suspend for such period as the Director-General determines, the gaming machine licence.
(7) Section 49(9)
omit
The Commission
insert
The Director-General
(8) Section 49(9)
omit
if the Commission
insert
if the Director-General
(1) Section 57A(1)
omit
(1)
(2) Section 57A(2)
omit
(1) Section 165(1) to (4), (7) and (8)
omit (all references)
Director
insert
Director-General
(2) Section 165(9) and (10)
omit
(3) Section 165(11)
omit
all words from "Commission," to "the Commission"
insert
Director-General, having regard to answers given in reply to a notice to show cause and submissions made under subsection (8) and to such other information or material as the Director-General
(4) Section 165(11)(a)
omit
Commission
insert
Director-General
After section 166
insert
Part 9A Review
of
decisions
166A Meaning
of reviewable decision
A reviewable decision is:
(a) a decision specified in the Schedule, unless the decision was made by a delegate of the Director-General; or
(b) a decision made on the review, under Part 3 of the Licensing (Director-General) Act, of a decision that:
(i) is specified in the Schedule; and
(ii) was made by a delegate of the Director-General.
Note for section 166A
A decision made under this Act by a delegate of the Director-General is not a reviewable decision but may be a delegate decision under the Licensing (Director-General) Act. Part 3 of that Act sets out procedures for applying for a review of a delegate decision.
166B Meaning of affected person
(1) A person is an affected person for a reviewable decision mentioned in section 166A(a) if any of the following apply:
(a) for a decision that relates to disciplinary action relating to a licence – the person is the licensee;
(b) for a decision that was made in relation to an application – the person is the applicant;
(c) the person made a submission, complaint or objection (however described) during the process that resulted in the decision being made.
(2) A person is an affected person for a reviewable decision mentioned in section 166A(b) if the person was an affected person under the Licensing (Director-General) Act for the decision that was reviewed under Part 3 of that Act.
166C Jurisdiction of Civil and Administrative Tribunal
An affected person for a reviewable decision may apply to the Civil and Administrative Tribunal for a review of the decision.
The regulations may declare that a decision made under this Act by a delegate of the Director-General, other than a decision specified in the Schedule, is not a delegate decision for the Licensing (Director-General) Act.
25 Section 192 replaced
(1) Section 192, before "The"
insert
(1)
(2) Section 192
omit (all references)
Director
insert
Director-General
(3) After section 192
insert
(2) The Director-General must refund the whole or part of a levy paid under section 24 or 41 in the circumstances and within the period prescribed by regulation.
Section 193
repeal
27 Section 194 amended
(1) After section 194(2)(k)
insert
(ka) levies payable in relation to applications made under section 24 or 41;
(kb) the payment of annual fees for gaming machine licences;
(2) Section 194(2)(s)
omit
Director's
insert
Director-General's
(3) Section 194(2)(u)
omit
(4) Section 194(4)(h), (i) and (n)
omit
Director
insert
Director-General
(5) Section 194(5)(a) and (b)
omit
Commission or the Director
insert
Director-General
28 Part 11 and Schedule inserted
After section 194
insert
Part 11 Transitional matters for Licensing (Director-General) Act 2014
Division
1 Definitions
195 Definitions
In this Part:
2014 Acts means the Licensing (Director-General) Act 2014 and 2014 Amending Act.
2014 Amending Act means the Licensing (Repeals and Consequential Amendments) Act 2014.
commencement means the commencement of section 22 of the Licensing (Director-General) Act 2014.
Commission means the Commission as defined in section 3 of the NTLC Act.
NTLC Act means the Northern Territory Licensing Commission Act as in force immediately before the commencement.
NTLC Director means the Director as defined in section 3 of the NTLC Act.
old legislation means the NTLC Act and this Act, as in force immediately before the commencement.
Division
2 Applications
196 Application
to NTLC Director – pending decision
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the NTLC Director; but
(b) the NTLC Director had not made a decision on the application.
(2) The application:
(a) is taken to be an application made on the commencement for the decision to be made by the Director-General; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 196
The Director-General's decision on the application will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
197 Application to Commission – not yet considered
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the Commission; but
(b) the Commission had not commenced active consideration of the application.
(2) The application:
(a) is taken to be an application made on the commencement for the decision to be made by the Director-General; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 197
The Director-General's decision on the application will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
198 Application to Commission – under active consideration
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the Commission and the Commission had commenced active consideration of the application; but
(b) the Commission had not made a decision.
(2) The Commission must deal with and determine the application in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) However, the Commission's decision is then taken to have been made by the Director-General.
Note for section 198(3)
As the decision will be made after the commencement and will be taken to be a decision of the Director-General, it may be a reviewable decision.
Regulations may make provision for determining when active consideration of an application commences for this Division.
Division
3 Review of
decisions
200 New
review regime applies to post-commencement decisions
Part 9A applies only in relation to decisions made after the commencement.
201 Review of pre-commencement decision – application not yet made
(1) This section applies if, before the commencement:
(a) a decision had been made under this Act and the period for applying for a review of the decision under section 193, as then in force, had not expired; but
(b) an application for a review of the decision had not been made.
(2) A person who would have been entitled to apply for a review of the decision under the old legislation may do so under the old legislation, as if the 2014 Acts had not commenced.
(3) The Commission must review the decision in accordance with the old legislation as if the 2014 Acts had not commenced.
202 Review of pre-commencement decision – application made
(1) This section applies if, before the commencement:
(a) an application had been made under section 193, as then in force, for review of a decision made under this Act; but
(b) the Commission had not completed the review.
(2) The Commission must complete the review in accordance with the old legislation as if the 2014 Acts had not commenced.
Division
4 General
matters
203 Continuation
of ongoing documents and things
(1) This section applies if:
(a) before the commencement, a power or function was conferred by this Act on the Commission or NTLC Director; and
(b) on the commencement, the power or function (or a substantially similar power or function) is conferred on the Director-General.
(2) On the commencement, an ongoing document continues with the same force and effect as if it had been issued by, or given to, the Director-General.
(3) On the commencement, an ongoing thing continues with the same force and effect as if it had been done by, or in relation to, the Director-General.
(4) This section applies subject to the other provisions of this Part and Part 5, Division 2 of the Licensing (Director-General) Act.
(5) In this section, a reference to something done before the commencement includes a reference to something done after the commencement in accordance with this Part as if it had been done before the commencement.
(6) In this section:
ongoing document means a document that:
(a) was issued by, or given to, the Commission or NTLC Director before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
ongoing thing means a thing that:
(a) was done by, or in relation to, the Commission or NTLC Director before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
sections 166A and 166D
Section
|
Decision
|
25
|
Decision to grant or refuse application
|
25(12)
|
Decision regarding number of gaming machines
authorised for use under the licence
|
34
|
Decision to impose conditions or further conditions,
or vary conditions, on licence
|
41
|
Decision to grant or refuse application
|
42(1)
|
Decision to decrease number of gaming machines
authorised for use under licence
|
43(9)
|
Decision to grant, or refuse to grant,
application
|
49(9)(c)
|
Decision to give directions to licensee or cancel or
suspend gaming machine licence
|
50
|
Decision to suspend gaming machine
licence
|
65
|
Decision to grant, or refuse to grant,
licence
|
70
|
Decision to impose conditions or further conditions
on, or vary conditions of, licence
|
71(5)
|
Decision to renew, or not to renew,
licence
|
79(8)(c)
|
Decision to give directions to holder of licence or
cancel or suspend licence
|
80
|
Decision to suspend licence
|
82
|
Decision to grant, impose conditions on or cancel
provisional licence
|
116
|
Decision to approve, or refuse to approve, person to
be recognised manufacturer or supplier of gaming machines
|
117
|
Decision to approve, or refuse to approve, person to
be recognised supplier of restricted components
|
134
|
Decision to approve or refuse application for
approval under section 134(1)
|
165(11)
|
Decision to direct termination of
agreement
|
Schedule 2 has effect.
Part
4 Amendment of Kava Management Act
30
Act amended
This Part amends the Kava Management Act.
(1) Section 3(1), definitions approved, Chairperson, Commission, Director and hearing
omit
(2) Section 3(1)
insert (in alphabetical order)
affected person, see section 79.
approved form means a form approved under section 83A.
Director-General, see section 3 of the Licensing (Director-General) Act.
reviewable decision, see section 78.
Sections 6 and 7
repeal, insert
The Minister may delegate any of the Minister's powers and functions under this Act to:
(a) the Director-General; or
(b) the Chief Health Officer.
Section 64
repeal, insert
64 Consideration and decision of Director-General
(1) The Director-General must determine an application for a licence as soon as reasonably possible after the application is lodged.
(2) In determining the application, the Director-General must consider the objections, the comments on and investigations concerning the objections, the prescribed matters (if any) and the investigations conducted regarding the application.
(3) Having done so, the Director-General must decide to:
(a) issue the licence subject to the conditions the Director-General determines to be necessary or desirable in the circumstances of the application; or
(b) refuse to grant the licence.
(4) After making the decision, the Director-General must give notice of the decision and a statement of the reasons for the decision to each affected person.
(5) If more than one application was made for the grant of the same licence, the Director-General may refuse to grant a licence if satisfied that the applicant would not be the most suitable person from amongst the applicants to hold the licence.
(6) If the Director-General refuses to grant a licence under this section, the Director-General may refund the whole or any part of the prescribed fee paid under section 60(3).
(1) Section 65(1A)
omit
all words from "Commission has" to "makes its"
insert
Director-General has not made a decision under subsection (3) to renew or refuse to renew the licence, the licence remains in force until the Director-General makes the
(2) Section 65(2)(a)
omit
Director
insert
Director-General
(3) Section 65(2)(b)(i) and (ii), (3A) and (6)
omit (all references)
Commission
insert
Director-General
(4) Section 65(3)
omit, insert
(3) For the purposes of considering an application for renewal of a licence, sections 63 and 64(1) and (2) apply with the necessary changes and, after determining the application, the Director-General must decide to:
(a) renew the licence subject to the conditions that the Director-General determines are necessary or desirable in the circumstances of the application; or
(b) refuse to renew the licence.
(3AA) After making the decision, the Director-General must give notice of the decision and a statement of the reasons for the decision to each affected person.
(5) Section 65(4) to (5)
omit
Sections 68 to 70
repeal, insert
68 When variation takes effect
A variation of the conditions of a licence takes effect on the later of the following:
(a) the date specified in the notice under section 67;
(b) if the decision to vary the conditions was made by a delegate of the Director-General – the expiration of the period for applying for a review of the decision.
Note for section 68
Part 3 of the Licensing (Director-General) Act provides for the review of decisions made under this Act by a delegate of the Director-General, and allows the Director-General to stay the operation of a decision pending completion of a review.
36 Sections 73 and 74 replaced
Sections 73 and 74
repeal, insert
(1) A person may make a complaint to the Director-General regarding:
(a) the conduct of a licensee; or
(b) the possession, supply or consumption of kava in a licence area.
(2) A complaint must be:
(a) in writing and must set out the grounds on which the complaint is made and the facts relied on by the person to constitute the grounds; and
(b) signed by the person making it.
(3) If a complaint is lodged with the Director-General, the Director-General must:
(a) inform the licensee of the complaint and give the licensee sufficient opportunity to provide a written reply to the complaint; and
(b) consider and investigate the substance of the complaint as the Director-General thinks fit, taking into account any written reply of the licensee under paragraph (a).
(4) After considering and investigating a complaint, the Director-General must:
(a) determine that, in the opinion of the Director-General, the complaint is of a frivolous, irrelevant or malicious nature, and dismiss the complaint; or
(b) determine that no further action is warranted; or
(c) determine to give a direction under section 75 in response to the complaint; or
(d) determine to take action under section 77 in response to the complaint.
(5) The Director-General must give notice of a determination under subsection (4) to the person who made the complaint and the licensee against whom the complaint was made.
(1) Section 76(1)
omit
The Commission
insert
The Director-General
(2) Section 76(1)(a)
omit, insert
(a) a complaint is made under section 73 and, in the opinion of the Director-General, it is in the public interest to do so until the determination or dismissal of the complaint;
(ab) the Director-General proposes to cancel the licence under section 77(2) and, in the opinion of the Director-General, it is in the public interest to do so until a decision on the cancellation is made;
(3) Section 76(1)(b) to (d)
omit
Commission
insert
Director-General
(4) Section 76(1A)
omit
subsection (1)(c)
insert
subsection (1)(d)
(5) Section 76(4)
omit
Commission may, where it
insert
Director-General may, if the Director-General
38 Sections 77 and 78, Part 9, Division 4 and Part 10 replaced
Sections 77 and 78, Part 9, Division 4 and Part 10
repeal, insert
(1) Each of the following is a ground for cancelling a licence:
(a) the licensee is in the custody of the Commissioner of Correctional Services;
(b) the licensee has been found guilty of an offence against this Act or the Regulations;
(c) the licensee has been found guilty of an offence relating to the cultivation, production, possession or supply of a drug;
(d) the licensee has contravened a direction given under section 75;
(e) the licensee otherwise appears not to be a fit or proper person to hold a licence.
(2) If the Director-General believes a ground for cancelling a licence exists, the Director-General must give the licensee written notice:
(a) stating that the Director-General proposes to cancel the licence; and
(b) stating the ground for the proposed cancellation and the facts relied on to constitute the ground; and
(c) inviting the licensee to make a written submission in response to the proposed cancellation within a specified period not less than 28 days after the notice is given.
(3) After considering any written submission received from the licensee in response to the notice, the Director-General may decide to cancel the licence by written notice to the licensee if satisfied:
(a) on the balance of probabilities, that a ground for cancelling the licence exists; and
(b) that cancelling the licence is appropriate in relation to that ground.
78 Meaning of reviewable decision
A reviewable decision is:
(a) a decision specified in Schedule 2, unless the decision was made by a delegate of the Director-General; or
(b) a decision made on the review, under Part 3 of the Licensing (Director-General) Act, of a decision that:
(i) is specified in Schedule 2; and
(ii) was made by a delegate of the Director-General.
Note for section 78
A decision made under this Act by a delegate of the Director-General is not a reviewable decision but may be a delegate decision under the Licensing (Director-General) Act. Part 3 of that Act sets out procedures for applying for a review of a delegate decision.
(1) A person is an affected person for a reviewable decision mentioned in section 78(a) if any of the following apply:
(a) for a decision that relates to disciplinary action relating to a licence – the person is the licensee;
(b) for a decision that was made in relation to an application – the person is the applicant;
(c) the person made a submission, complaint or objection (however described) during the process that resulted in the decision being made.
(2) A person is an affected person for a reviewable decision mentioned in section 78(b) if the person was an affected person under the Licensing (Director-General) Act for the decision that was reviewed under Part 3 of that Act.
80 Jurisdiction of Civil and Administrative Tribunal
An affected person for a reviewable decision may apply to the Civil and Administrative Tribunal for a review of the decision.
The regulations may declare that a decision made under this Act by a delegate of the Director-General, other than a decision specified in Schedule 2, is not a delegate decision for the Licensing (Director-General) Act.
After section 83
insert
83A Approved forms
The Director-General may approve forms for this Act.
After section 89
insert
Part 12 Transitional matters for Licensing (Director-General) Act 2014
In this Part:
2014 Acts means the Licensing (Director-General) Act 2014 and 2014 Amending Act.
2014 Amending Act means the Licensing (Repeals and Consequential Amendments) Act 2014.
commencement means the commencement of section 22 of the Licensing (Director-General) Act 2014.
Commission means the Commission as defined in section 3 of the NTLC Act.
NTLC Act means the Northern Territory Licensing Commission Act as in force immediately before the commencement.
NTLC Director means the Director as defined in section 3 of the NTLC Act.
old legislation means the NTLC Act and this Act, as in force immediately before the commencement.
91 Application to Commission – not yet considered
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the Commission; but
(b) the Commission had not commenced active consideration of the application.
(2) The application:
(a) is taken to be an application made on the commencement for the decision to be made by the Director-General; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 91
The Director-General's decision on the application will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
92 Application to Commission – under active consideration
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the Commission and the Commission had commenced active consideration of the application; but
(b) the Commission had not made a decision.
(2) The Commission must deal with and determine the application in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) However, the Commission's decision is then taken to have been made by the Director-General.
Note for section 92(3)
As the decision will be made after the commencement and will be taken to be a decision of the Director-General, it may be a reviewable decision.
Regulations may make provision for determining when active consideration of an application commences for this Division.
Division 3 Review of decisions
94 New review regime applies to post-commencement decisions
Part 10, as amended by the 2014 Amending Act, applies only in relation to decisions made after the commencement.
Division 4 Complaints and applications to cancel licence
95 New complaints regime applies to post-commencement complaints
Subject to section 96, Part 9, Division 1 as amended by the 2014 Amending Act applies only in relation to complaints made after the commencement.
96 Complaint made before commencement – pending action
(1) This section applies if, before the commencement:
(a) a complaint had been made under section 73, as then in force; but
(b) the NTLC Director had not taken action under section 73(3)(c), as then in force, in relation to the complaint.
(2) The complaint:
(a) is taken to have been made to the Director-General on the commencement; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 96
The Director-General's decision on the complaint will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
97 Complaint made before commencement – complaint being dealt with
(1) This section applies if, before the commencement:
(a) the NTLC Director had forwarded a complaint to the Commission under section 73(3)(c), as then in force; but
(b) the Commission had not made a determination about the complaint under section 74, as then in force.
(2) The Commission and NTLC Director must deal with and determine the complaint in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) If the Commission determines a complaint as mentioned in subsection (2):
(a) the determination has effect as if it had been made before the commencement; and
(b) Part 10, as amended by the 2014 Amending Act, does not apply in relation to the determination.
98 Application for cancellation made before commencement
(1) This section applies if, before the commencement:
(a) the NTLC Director had made an application to the Commission under section 77, as then in force; but
(b) the Commission had not determined the application.
(2) The Commission must deal with and determine the application in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) If the Commission determines an application as mentioned in subsection (2):
(a) the determination has effect as if it had been made before the commencement; and
(b) Part 10, as amended by the 2014 Amending Act, does not apply in relation to the determination.
99 Continuation of ongoing documents and things
(1) This section applies if:
(a) before the commencement, a power or function was conferred by this Act on an NTLC entity; and
(b) on the commencement, the power or function (or a substantially similar power or function) is conferred on the Director-General.
(2) On the commencement, an ongoing document continues with the same force and effect as if it had been issued by, or given to, the Director-General.
(3) On the commencement, an ongoing thing continues with the same force and effect as if it had been done by, or in relation to, the Director-General.
(4) This section applies subject to the other provisions of this Part and Part 5, Division 2 of the Licensing (Director-General) Act.
(5) In this section, a reference to something done before the commencement includes a reference to something done after the commencement in accordance with this Part as if it had been done before the commencement.
(6) In this section:
NTLC entity means the Commission, the NTLC Director or the Chairperson (as defined in section 3 of the NTLC Act).
ongoing document means a document that:
(a) was issued by, or given to, the NTLC entity before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
ongoing thing means a thing that:
(a) was done by, or in relation to, the NTLC entity before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
After the Schedule
insert
Schedule 2 Reviewable decisions
sections 78 and 81
Section
|
Decision
|
64
|
Decision to issue, or refuse to grant,
licence
|
65
|
Decision to renew, or refuse to renew,
licence
|
67
|
Decision to vary conditions of licence
|
76
|
Decision to suspend, impose condition on or vary
condition of licence
|
77
|
Decision to cancel licence
|
Schedule 3 has effect.
Part
5 Amendment of Liquor
Act
43 Act
amended
This Part amends the Liquor Act.
(1) Section 4(1), definitions assessor, Chairperson, Commission, Deputy Director, Director, hearing, member and prohibition notice
omit
(2) Section 4(1)
insert (in alphabetical order)
affected person, see section 120ZB.
approved form means a form approved under section 126.
assessor means an assessor appointed under section 14.
decision notice, for a decision, means a written notice setting out:
(a) the decision and the reasons for it; and
(b) any right the person to whom the notice is to be given has, under this Act or the Licensing (Director-General) Act, to apply for a review of, or to appeal, the decision.
Director-General, see section 3 of the Licensing (Director-General) Act.
prescribed fee means a fee prescribed by regulation.
reviewable decision, see section 120ZA.
(3) Section 4(1), definition specified offence, paragraph (b), after "section"
insert
43BF (as it relates to section 243(1)),
(4) Section 4(1), definition specified offence, paragraph (b)
omit
239, 240 or 251
insert
241(1) or 243(1)
After section 19, in Part II, Division 3
insert
(1) A person commits an offence if the person:
(a) obstructs the exercise of a power under section 19; or
(b) fails to comply with a reasonable request of an inspector under section 19(5)(e).
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(2) It is a defence to a prosecution for an offence against subsection (1) if the person has a reasonable excuse.
(3) In this section:
obstruct includes hinder and resist.
46 Sections 20 and 22 replaced
Sections 20 and 22
repeal, insert
20 Assessors not to act if interested in matter
(1) This section applies if:
(a) the Director-General seeks the advice of an assessor in relation to a matter; and
(b) the assessor has a personal interest in the matter.
(2) The assessor must disclose the following to the Director-General and the Minister:
(a) the nature and extent of the interest;
(b) how the interest relates to the matter mentioned in subsection (1).
(3) However, the assessor is not required to disclose a personal interest if it is an interest shared with the public generally or a section of the public.
(4) If an assessor is required to disclose a personal interest under this section, the assessor must not give advice in relation to the matter without the approval of the Minister.
(5) For this section, the assessor has a personal interest in a matter if the assessor:
(a) has a direct or indirect financial interest in the matter; or
(b) has a personal, professional, commercial or other relationship with a person and the nature of the relationship is likely to, or may reasonably be regarded as likely to, inhibit or prevent the assessor from exercising independent judgment about the matter.
22 Delegation by Director-General
Despite section 7(1) of the Licensing (Director-General) Act, the Director-General may delegate the Director-General's powers and functions under section 89A to one or more of the following:
(a) a public sector employee;
(b) the chief executive officer of a local government council;
(c) a police officer who is:
(i) of or above the rank of senior sergeant; or
(ii) the person in charge of a police station.
(1) Section 28(1)
omit
(2) Section 28(2), (3) and (4)
omit (all references)
Commission
insert
Director-General
(3) After section 28(3)
insert
(3A) If an objection to the application is lodged under section 47F, the Director-General must comply with section 47G before making a decision on the application.
(3B) In considering the application, the Director-General must consider:
(a) any objection to the application made under section 47F; and
(b) any reply provided by the applicant under section 47G.
Section 29
repeal, insert
29 Decision after consideration of application
(1) After considering the application, the Director-General must, having regard to the objects of this Act:
(a) issue a licence subject to any conditions determined by the Director-General under section 31; or
(b) refuse the application.
(2) As soon as practicable after making a decision under subsection (1), the Director-General must give a decision notice to:
(a) the applicant; and
(b) each person who lodged an objection to the application under section 47F.
(3) If the Director-General refuses an application for a licence under subsection (1)(b), the Director-General may refund the whole or any part of the prescribed fee paid under section 26.
Section 32
repeal
(1) Section 32A(1) to (3)
omit, insert
(1) A licensee may apply to the Director-General in the approved form for a variation of the conditions of the licence held by the licensee.
(2) If the Director-General considers it to be in the public interest, the Director-General may require the applicant to publish notice of the application in the way, and within the period, specified by the Director-General.
(2) Section 32A(4)(d) and (e)
omit
Commission
insert
Director-General
(3) Section 32A(5)
omit
Director
insert
Director-General
(4) Section 32A(6) to (8)
omit, insert
(6) If an objection to the application is lodged under section 47F, the Director-General must comply with section 47G before making a decision on the application.
(6A) In considering the application, the Director-General must consider:
(a) any objection to the application made under section 47F; and
(b) any reply provided by the applicant under section 47G.
(7) After considering the application, the Director-General must, having regard to the objects of this Act:
(a) vary the conditions of the licence; or
(b) refuse to vary the conditions of the licence.
(8) As soon as practicable after making a decision under subsection (7), the Director-General must give a decision notice to:
(a) the applicant; and
(b) each person who lodged an objection to the application under section 47F.
(5) Section 32A(9)
omit
all words from "Commission" to "(8)"
insert
Director-General in the decision notice
Section 33
repeal, insert
33 Variation of conditions by Director-General
(1) The Director-General may vary the conditions of a licence (other than a condition determined under section 33AA) on the Director-General's own initiative.
(2) Before varying the conditions, the Director-General must give the licensee written notice:
(a) stating the proposed variation; and
(b) stating the reasons for the proposed variation; and
(c) inviting the licensee to submit a response to the proposed variation within 28 days after the date of the notice.
(3) The Director-General may, having considered any response of the licensee, vary the conditions of the licence as proposed in the notice or in another way the Director-General considers appropriate.
(4) As soon as practicable after deciding to vary the conditions under subsection (3), the Director-General must give a decision notice to the licensee.
(5) The variation takes effect on the later of the following:
(a) the date on which the licensee receives the decision notice;
(b) the date stated in the decision notice.
(6) Subsections (2) to (5) do not apply if the variation is for a formal or clerical reason that does not alter the substance of the conditions.
Section 33H
repeal, insert
As soon as practicable after deciding whether to grant the application, the Director-General must give a decision notice to the licensee.
Section 43
repeal, insert
43 Consideration of application
(1) As soon as reasonably practicable after receiving an application, the Director-General must:
(a) consider the application; and
(b) having regard to the objects of this Act:
(i) authorise the transfer of the licence; or
(ii) refuse the application.
(2) If the Director-General refuses the application, as soon as practicable after making the decision, the Director-General must give a decision notice to:
(a) the licensee; and
(b) the applicant.
(1) Section 46A(1)
omit
Commission in a form approved by the Commission
insert
Director-General in the approved form
(2) Section 46A(2)
omit
a newspaper or newspapers nominated by the Commission
insert
the way specified by the Director-General
(3) Section 46A(3)(c) and (d) and (6)
omit
Commission
insert
Director-General
(4) Section 46A(4)
omit
Director
insert
Director-General
(5) Section 46A(5)
omit, insert
(5) If an objection to the application is lodged under section 47F, the Director-General must comply with section 47G before making a decision on the application.
(5A) In considering the application, the Director-General must consider:
(a) any objection to the application made under section 47F; and
(b) any reply provided by the applicant under section 47G.
(6) Section 46A(6)(b) and (c)
omit, insert
(b) refuse the application.
(7) Section 46A(7)
omit, insert
(7) As soon as practicable after making a decision on the application, the Director-General must give a decision notice to:
(a) the applicant; and
(b) each person who lodged an objection to the application under section 47F.
55 Sections 47I and 47J repealed
Sections 47I and 47J
repeal
(1) Section 48A(1)
omit
all words from "Commission" to "taking"
insert
Director-General may, on the Director-General's own initiative, in an emergency or pending the investigation of a complaint or consideration of whether or not to take proposed
(2) Section 48A(1)
omit
its
insert
the Director-General's
(3) Section 48A(2)
omit
all words from "Commission's" to "Commission"
insert
Director-General's other powers under this Act, action of the Director-General
(4) After section 48A(2)
insert
(2A) As soon as practicable after making a decision to take action under subsection (1), the Director-General must give a decision notice to the licensee.
(1) Section 49A(1), (5) and (7)(b)
omit
Commission
insert
Director-General
(2) Section 49A(2)
omit, insert
(2) Before considering the application, the Director-General must give the licensee a written notice:
(a) stating that an application has been made under subsection (1); and
(b) inviting the licensee to make a written submission to the Director-General in response to the application by a specified date not earlier than 28 days after the date of the notice.
(3) Section 49A(3)
omit
all words from "At" to "matters it"
insert
In considering the application, the Director-General must have regard to the matters the Director-General
(4) Section 49A(3)(b)
omit
licensee.
insert
licensee; and
(5) After section 49A(3)(b)
insert
(c) any written submission made by the licensee under subsection (2).
(6) Section 49A(4)
omit
all words from "At" to "it"
insert
The Director-General may suspend the licence if the Director-General
(7) Section 49A(6)
omit, insert
(6) As soon as practicable after making a decision to suspend a licence under subsection (4), the Director-General must give a decision notice to the Commissioner of Police and the licensee.
(8) Section 49A(8)
omit
Commission taking any other action that it
insert
Director-General taking any other action that the Director-General
Part V
repeal
Section 59
repeal, insert
(1) After considering the application, the Director-General must:
(a) issue the special licence subject to any conditions the Director-General thinks fit; or
(b) refuse to issue the special licence.
(2) If the Director-General issues the special licence subject to conditions, or refuses to issue the special licence, as soon as practicable after doing so the Director-General must give a decision notice to the applicant.
Sections 60 to 63
repeal, insert
63 Revocation of special licence
(1) A special licence may be revoked by the Director-General at the Director-General's discretion.
(2) As soon as practicable after deciding to revoke a special licence, the Director-General must give a decision notice to the licence holder.
Section 65(2)
omit, insert
(2) The object is to be achieved by empowering the Director-General to do any of the following:
(a) deal with a complaint against a licensee;
(b) enter into an enforceable undertaking with a licensee;
(c) take disciplinary action against a licensee.
(1) Before section 68(2)(a)
insert
(aa) be made in the approved form; and
(2) Section 68(2)(a)
omit
in the form approved by the Director
(3) Section 68(2)(c), (3), (4) and (5)(a)
omit (all references)
Director
insert
Director-General
(4) Section 68(5)
omit
Director must
insert
Director-General must decide to
(5) Section 68(5)(b)
omit
as provided by this Act
(6) Before section 68(5)(b)(i)
insert
(ia) give the licensee a formal warning in relation to that ground;
(7) Section 68(5)(b)(iii)
omit, insert
(iii) give the licensee a written notice as mentioned in section 69(1) in relation to that ground.
(8) Section 68(6) to (8)
omit, insert
(6) As soon as practicable after deciding which action to take under subsection (5), the Director-General must give a decision notice to the complainant.
(7) As soon as practicable after deciding to take action under subsection (5)(a), the Director must give a decision notice to the licensee.
(1) Section 69(1) to (7)
omit, insert
(1) On completing an investigation into a complaint about a licensee, the Director-General may give the licensee written notice that the Director-General proposes to take disciplinary action against the licensee.
(2) The notice must:
(a) specify the proposed disciplinary action; and
(b) specify the ground for the proposed disciplinary action and the factual basis of the ground; and
(c) invite the licensee to make a written submission in response to the proposed action within a specified period ending not less than 28 days after the notice is given.
(3) After considering any written submission received from the licensee in response to the notice, the Director-General may take the disciplinary action against a licensee if satisfied:
(a) on the balance of probabilities, that a ground for taking the disciplinary action exists; and
(b) having regard to the objects of this Act, that the disciplinary action is appropriate in relation to that ground.
(4) As soon as practicable after making a decision under subsection (3), the Director-General must give a decision notice to the licensee.
(2) Section 69(8)
omit
and section 71 do
insert
does
64 Sections 71 and 72 repealed
Sections 71 and 72
repeal
(1) Section 74(1) to (2)
omit
Commission
insert
Director-General
(2) After section 74(2)
insert
(3) The Director-General may make a declaration on application under section 76 or after making a proposal under section 76AA.
After section 76, in Part VIII, Division 1
insert
76AA Director-General may propose declaration
(1) The Director-General may, on the Director-General's own initiative, propose the making of a declaration of a restricted area without an application having been made.
(2) The proposal must be in writing and set out:
(a) a description of the relevant area; and
(b) a statement of the Director-General's reasons for proposing that the relevant area be declared to be a general restricted area or public restricted area; and
(c) if the Director-General proposes that the relevant area be declared to be a general restricted area in respect of liquor other than a specified type of liquor – the type of liquor to be specified.
Sections 77 to 80
repeal, insert
If the Director-General receives an application for the declaration of a general restricted area the Director-General must, as soon as reasonably practicable, decide to:
(a) refuse the application if the Director-General is of the opinion that the application is of a frivolous, irrelevant or malicious nature; or
(b) accept the application for consideration.
78 Interested persons to be notified
(1) This section applies if the Director-General:
(a) decides under section 77(b) to accept an application; or
(b) makes a proposal under section 76AA for the declaration of a general restricted area.
(2) The Director-General must, for each relevant licensee:
(a) give the licensee written notice of the application or proposal; and
(b) invite the licensee to make written submissions to the Director-General about the application or proposal by a specified time.
(3) The Director-General must take all steps the Director-General considers are necessary to ascertain the opinions of the people who reside in the relevant area about the application or proposal.
(4) If the relevant area forms the whole or part of a local government area, the Director-General must:
(a) give the local government council written notice of the application or proposal; and
(b) seek the council's advice about the application or proposal.
(5) In this section:
relevant licensee, in relation to an application or proposal, means:
(a) a licensee whose licensed premises is in the relevant area; or
(b) an applicant for a licence in respect of premises in the relevant area; or
(c) a licensee whom the Director-General considers may be affected adversely if the relevant area is declared to be a restricted area.
79 Director-General to consider submissions
In considering the application or proposal, the Director-General must take into account the following:
(a) submissions made under section 78(2);
(b) opinions provided under section 78(3);
(c) advice provided under section 78(4).
(1) Section 81, heading
omit
after hearing
insert
on whether to make declaration
(2) Section 81(1)
omit
all words from "Subject" to "Commission must"
insert
After considering the application or proposal, the Director-General must
(3) Section 81(1)(a)
omit
all words from "and direct" to "applicant"
(4) After section 81(1)
insert
(1A) As soon as practicable after making a decision under subsection (1), the Director-General must give a decision notice to the applicant, if any, and each other affected person.
(5) Section 81(2)
omit
Commission
insert
Director-General
Section 84
repeal, insert
(1) The Director-General may decide to revoke a declaration of an area of land to be a general restricted area.
(2) If the declaration was made on an application, as soon as practicable after making the decision to revoke the declaration the Director-General must give a decision notice to the applicant.
(1) Section 86C, heading
omit
Commission
insert
Director-General
(2) Section 86C(1)
omit, insert
(1) The Director-General must conduct an inquiry about the application or proposal.
(3) Section 86C(2)(b), (3), (4)(c) and (5)
omit
Commission
insert
Director-General
(4) Section 86C(3)(b)
omit, insert
(b) by advertising it in a way specified by the Director-General.
(5) Section 86C(4)(b), after "application"
insert
or proposal
(6) Section 86C(6)
omit, insert
(6) In conjunction with the inquiry, the Director-General may also conduct the investigations and consultations the Director-General considers appropriate.
(1) Section 86E, heading
omit
Commission
insert
Director-General
(2) Section 86E(1)
omit
, the Commission must
insert
or proposal, the Director-General must
(3) Section 86E(1)(a)
omit
Commission
insert
Director-General
(4) Section 86E(1)(b)
omit
the application
insert
to declare the relevant area to be a public restricted area
(5) Section 86E(3)
omit, insert
(3) As soon as practicable after making a decision under subsection (1), the Director-General must give a decision notice to the applicant, if any, and each other affected person.
Section 86G
repeal, insert
86G Revocation or amendment of declaration
(1) The Director-General may revoke or amend a declaration of a public restricted area.
(2) The Director-General may do so:
(a) on application by a person who could have applied for the declaration; or
(b) on a proposal made by the Director-General on the Director-General's own initiative.
(3) Sections 86B to 86F apply in relation to a proposal or application under subsection (2) (an amendment proposal) as if:
(a) a reference in those sections to an application or proposal as mentioned in section 86A were a reference to the amendment proposal under subsection (2); and
(b) a reference in those sections to a declaration were a reference to a decision to revoke or amend the declaration; and
(c) sections 86C(4) and 86F(2) each required the notice mentioned in that section to specify such a decision; and
(d) if the application or proposal is to revoke the declaration – section 86F(3)(a) and (b) and (4) were omitted.
Section 92
repeal, insert
92 Decision after consideration
(1) Subject to section 91(2), after considering an application for a permit, the Director-General must:
(a) issue a permit subject to any conditions imposed under section 87(3) or 89A(4); or
(b) refuse the application.
(2) As soon as practicable after making a decision under subsection (1), the Director-General must give a decision notice to the applicant.
(1) Section 95(5)
omit (all references)
Director
insert
Director-General
(2) After section 95(11)
insert
(12) In this section:
obstruct includes hinder and resist.
(1) Section 101AN(5)
omit (all references)
Director
insert
Director-General
(2) After section 101AN(11)
insert
(12) In this section:
obstruct includes hinder and resist.
(1) Section 101E(1) and (3)
omit
Commission
insert
Director-General
(2) Section 101E(1) and (3)
omit
it
insert
the Director-General
(3) Section 101E(4)
omit, insert
(4) As soon as practicable after making a decision on the application, the Director-General must give a decision notice to the applicant.
(1) Section 101K(1) and (2)
omit
Commission
insert
Director-General
(2) After section 101K(1)
insert
(1A) As soon as practicable after deciding an application under subsection (1), the Director-General must give a decision notice to the applicant.
(3) Section 101K(2)
omit
its
insert
the Director-General's
(4) After section 101K(2)
insert
(3) As soon as practicable after revoking a declaration under subsection (2), the Director-General must give a decision notice to the person who was the applicant for the declaration.
(1) Section 101ZF(1) and (2)(b)
omit
Commission
insert
Director-General
(2) After section 101ZF(2)
insert
(3) As soon as practicable after making a decision on the application, the Director-General must give a decision notice to the applicant.
Section 101ZH
repeal
(1) Section 119(1)
omit
Commission's
insert
Director-General's
(2) Section 119(2)(a) and (5)
omit
Director
insert
Director-General
(3) Section 119(3)
omit, insert
(3) If the Director-General considers it to be in the public interest, the Director-General may require the applicant to publish notice of the application in the way, and within the period, specified by the Director-General.
(4) Section 119(4)(d) and (e) and (10)
omit (all references)
Commission
insert
Director-General
(5) Section 119(6) to (9)
omit, insert
(6) If an objection to the application is lodged under section 47F, the Director-General must comply with section 47G before making a decision on the application.
(7) In considering the application, the Director-General must consider:
(a) any objection to the application made under section 47F; and
(b) any reply provided by the applicant under section 47G.
(8) After considering the application, the Director-General must, having regard to the objects of this Act:
(a) approve the material alteration; or
(b) refuse to approve the material alteration.
(9) As soon as practicable after making a decision on the application, the Director-General must give a decision notice to:
(a) the applicant; and
(b) each person who lodged an objection to the application under section 47F.
(1) Section 120D(1), (2), (3), (4)(b) and (5)
omit
Director
insert
Director-General
(2) Section 120D(3)
omit
Director's
insert
Director-General's
(3) Section 120D(6)
omit, insert
(6) The Director-General may terminate a local liquor accord at any time if the Director-General considers it appropriate to do so.
(7) As soon as practicable after making a decision under this section, the Director-General must give a decision notice to each party to the local liquor accord.
After section 120Z
insert
120ZA Meaning of reviewable decision
A reviewable decision is:
(a) a decision specified in the Schedule, unless the decision was made by a delegate of the Director-General; or
(b) a decision made on the review, under Part 3 of the Licensing (Director-General) Act, of a decision that:
(i) is specified in the Schedule; and
(ii) was made by a delegate of the Director-General.
Note for section 120ZA
A decision made under this Act by a delegate of the Director-General is not a reviewable decision but may be a delegate decision under the Licensing (Director-General) Act. Part 3 of that Act sets out procedures for applying for a review of a delegate decision.
120ZB Meaning of affected person
(1) A person is an affected person for a reviewable decision mentioned in section 120ZA(a) if any of the following apply:
(a) for a decision that relates to disciplinary action relating to a licence – the person is the licensee;
(b) for a decision that was made in relation to an application – the person is the applicant;
(c) the person made a submission, complaint or objection (however described) during the process that resulted in the decision being made.
(2) In addition, a person is an affected person for a reviewable decision made under section 106 if the person is the licensee of the licensed premises.
(3) A person is an affected person for a reviewable decision mentioned in section 120ZA(b) if the person was an affected person under the Licensing (Director-General) Act for the decision that was reviewed under Part 3 of that Act.
120ZC Jurisdiction of Civil and Administrative Tribunal
An affected person for a reviewable decision may apply to the Civil and Administrative Tribunal for a review of the decision.
(1) For section 9(a) of the Licensing (Director-General) Act, the licensee of the licensed premises is an affected person for a delegate decision made under section 106.
(2) The regulations may declare that a decision made under this Act by a delegate of the Director-General, other than a decision specified in the Schedule, is not a delegate decision for the Licensing (Director-General) Act.
Before section 121, in Part XI
insert
(1) For the purpose of performing functions and exercising powers under this Act, a decision maker may:
(a) make the inquiries or investigations the decision maker considers necessary; and
(b) by written notice, request a person to give specified information or documents to the decision maker within a reasonable time specified in the notice.
(2) A person must comply with a request under subsection (1)(b).
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(3) It is a defence to a prosecution for an offence against subsection (2) if the defendant has a reasonable excuse.
(4) In this section:
decision maker means the Director-General or a delegate of the Director-General.
Section 122
repeal
Section 126
repeal, insert
The Director-General may approve forms for this Act.
86 Parts XIII and XVI repealed
Parts XIII and XVI
repeal
Section 146
insert (in alphabetical order)
Commission means the Northern Territory Licensing Commission established by section 4 of the Northern Territory Licensing Commission Act, as in force immediately before the commencement of section 29 of the Licensing (Director-General) Act 2014.
88 Part XIX and Schedule inserted
After section 148
insert
Part XIX Transitional matters for Licensing (Director-General) Act 2014
In this Part:
2014 Acts means the Licensing (Director-General) Act 2014 and 2014 Amending Act.
2014 Amending Act means the Licensing (Repeals and Consequential Amendments) Act 2014.
commencement means the commencement of section 22 of the Licensing (Director-General) Act 2014.
Commission means the Commission as defined in section 3 of the NTLC Act.
NTLC Act means the Northern Territory Licensing Commission Act as in force immediately before the commencement.
NTLC Director means the Director as defined in section 3 of the NTLC Act.
old legislation means the NTLC Act and this Act as in force immediately before the commencement.
150 Application to NTLC Director – pending decision
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the NTLC Director; but
(b) the NTLC Director had not made a decision on the application.
(2) The application:
(a) is taken to be an application made on the commencement for the decision to be made by the Director-General; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 150
The Director-General's decision on the application will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General Act) applies.
151 Application to Commission – not yet considered
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the Commission; but
(b) the Commission had not commenced active consideration of the application.
(2) The application:
(a) is taken to be an application made on the commencement for the decision to be made by the Director-General; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 151
The Director-General's decision on the application will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
152 Application to Commission – under active consideration
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the Commission and the Commission had commenced active consideration of the application; but
(b) the Commission had not made a decision.
(2) The Commission must deal with and determine the application in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) However, the Commission's decision is then taken to have been made by the Director-General.
Note for section 152(3)
As the decision will be made after the commencement and will be taken to be a decision of the Director-General, it may be a reviewable decision.
Regulations may make provision for determining when active consideration of an application commences for this Division.
Division 3 Review of decisions
154 New review regime applies to post-commencement decisions
Part XAC applies only in relation to decisions made after the commencement.
155 Review of pre-commencement decision – application not yet made
(1) This section applies if, before the commencement:
(a) a decision had been made under this Act and the period for applying for a review of the decision under Part 4 of the NTLC Act or under this Act had not expired; but
(b) an application for a review had not been made.
(2) A person who would have been entitled to apply for a review of the decision under the old legislation may do so under the old legislation, as if the 2014 Acts had not commenced.
(3) The Commission must review the decision in accordance with the old legislation as if the 2014 Acts had not commenced.
156 Review of pre-commencement decision – application made
(1) This section applies if, before the commencement:
(a) an application had been made under the old legislation for a review of a decision made under this Act; but
(b) the Commission had not completed the review.
(2) The Commission must complete the review in accordance with the old legislation as if the 2014 Acts had not commenced.
157 New complaints regime applies to post-commencement complaints
Subject to section 158, Part VII as amended by the 2014 Amending Act applies only in relation to complaints made after the commencement.
158 Complaint made before commencement – pending action
(1) This section applies if, before the commencement:
(a) a complaint had been made under section 68, as then in force; but
(b) the NTLC Director had not taken action under section 68(5), as then in force, in relation to the complaint.
(2) The complaint:
(a) is taken to have been made to the Director-General on the commencement; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 158
The Director-General's decision on the complaint will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General Act) applies.
159 Application for disciplinary action made before commencement
(1) This section applies if, before the commencement:
(a) the NTLC Director had applied to the Commission under section 69, as then in force, for disciplinary action to be taken against a licensee; but
(b) the Commission had not made a decision on the application.
(2) The Commission must deal with and decide the application in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) If the Commission decides an application as mentioned in subsection (2):
(a) section 160 applies in relation to the Commission's decision as if it had been made before the commencement; and
(b) Part XAC does not apply in relation to the decision.
160 Appeal against pre-commencement disciplinary decision – appeal not yet commenced
(1) This section applies if, before the commencement:
(a) a decision had been made under Part VII, Division 3, as then in force, and the period for commencing an appeal against the decision with the Supreme Court had not expired; but
(b) an appeal had not been commenced.
(2) A person who would have been entitled to appeal against the decision under the old legislation may do so under the old legislation as if the 2014 Acts had not commenced.
(3) The Supreme Court must hear and determine the appeal in accordance with the old legislation as if the 2014 Acts had not commenced.
161 Appeal against pre-commencement disciplinary decision – appeal commenced
(1) This section applies if, before the commencement:
(a) an appeal against a decision made under Part VII, Division 3, as then in force, had been commenced with the Supreme Court; but
(b) the Supreme Court had not determined the appeal.
(2) The Supreme Court must hear and determine the appeal in accordance with the old legislation as if the 2014 Acts had not commenced.
162 Continuation of ongoing documents and things
(1) This section applies if:
(a) before the commencement, a power or function was conferred by this Act on an NTLC entity; and
(b) on the commencement, the power or function (or a substantially similar power or function) is conferred on the Director-General.
(2) On the commencement, an ongoing document continues with the same force and effect as if it had been issued by, or given to, the Director-General.
(3) On the commencement, an ongoing thing continues with the same force and effect as if it had been done by, or in relation to, the Director-General.
(4) This section applies subject to the other provisions of this Part and Part 5, Division 2 of the Licensing (Director-General) Act.
(5) In this section, a reference to something done before the commencement includes a reference to something done after the commencement in accordance with this Part as if it had been done before the commencement.
(6) In this section:
NTLC entity means the Commission, the NTLC Director or the Chairperson (as defined in section 3 of the NTLC Act).
ongoing document means a document that:
(a) was issued by, or given to, the NTLC entity before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
ongoing thing means a thing that:
(a) was done by, or in relation to, the NTLC entity before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
sections 120ZA, 120ZB and 120ZD
Section
|
Decision
|
---|---|
29
|
Decision to issue licence or refuse
application
|
31
|
Decision to issue licence subject to
condition
|
32A
|
Decision to vary, or refuse to vary, conditions of
licence
|
33
|
Decision to vary conditions of licence
|
33F
|
Decision to grant, or refuse to grant,
exemption
|
43
|
Decision to refuse application for transfer of
licence
|
46A
|
Decision to approve or refuse application for
substitution of premises
|
49A
|
Decision to suspend licence
|
59
|
Decision to issue special licence subject to
condition or refuse to issue special licence
|
63
|
Decision to revoke special licence
|
68
|
Decision to dismiss complaint
|
69(3)
|
Decision to take disciplinary action against
licensee
|
81
|
Decision to declare, or refuse to declare, general
restricted area
|
84
|
Decision to revoke declaration of general restricted
area
|
86E
|
Decision to declare, or refuse to declare, public
restricted area
|
86G
|
Decision to revoke or amend declaration of public
restricted area or to refuse application
|
92
|
Decision to issue permit or refuse
application
|
101E
|
Decision to declare, or refuse to declare,
restricted premises
|
101H
|
Decision to vary, or refuse to vary, declaration of
restricted premises
|
101K(1)
|
Decision on application to revoke declaration of
restricted premises
|
101K(2)
|
Decision to revoke declaration of restricted
premises
|
101ZF
|
Decision to issue, or refuse to issue, exemption
certificate
|
106
|
Decision to declare licensed premises or part of
premises to be prohibited area for children
|
119(8)
|
Decision to approve, or refuse to approve, material
alteration
|
Schedule 4 has effect.
Part
6 Amendment of Private Security
Act
90 Act
amended
This Part amends the Private Security Act.
(1) Section 3, definitions approved and licensing authority
omit
(2) Section 3
insert (in alphabetical order)
affected person, see section 53F.
approved form means a form approved under section 61.
decision notice, for a decision, means a written notice setting out:
(a) the decision and the reasons for it; and
(b) any right the person to whom the notice is to be given has, under this Act or the Licensing (Director-General) Act, to apply for a review of, or to appeal, the decision.
Director-General, see section 3 of the Licensing (Director-General) Act.
reviewable decision, see section 53E.
Tribunal means the Civil and Administrative Tribunal.
(1) Section 15(3)(b), (4)(b) and (c), (5) and (6)
omit
licensing authority
insert
Director-General
(2) After section 15(7)
insert
(7A) However, if the Tribunal has previously granted a licence to the person under section 53H despite the person having been convicted of a disqualifying offence, that conviction is to be disregarded for the purposes of subsection (7).
(3) Section 15(8)
omit
all words from "The" to "authority has"
insert
The Director-General may, in the Director-General's absolute discretion, refuse to grant a licence to an applicant if the Director-General has
(4) Section 15(8)
omit
, and the licensing authority shall give reasons for its decision
(1) Section 18(2) to (7)
omit (all references)
licensing authority
insert
Director-General
(2) Section 18(7)(a)
omit
on payment of the approved fee to the approved person or body,
(3) Section 18(7)(b)
omit
all words from "written" to "condition."
insert
decision notice for the decision to impose the condition.
(4) Section 18(8)
omit, insert
(8) If the Director-General refuses to grant the licence, the Director-General must, as soon as practicable, give a decision notice to the applicant.
(1) Section 20(1), (2), (2A), (2C) and (5)
omit (all references)
licensing authority
insert
Director-General
(2) Section 20(3)
omit, insert
(3) If the Director-General decides to amend the conditions under subsection (2) or refuse to amend the conditions under subsection (2C), as soon as practicable after doing so, the Director-General must give a decision notice to the licensee.
(1) Section 25(1), (2) and (3)
omit (all references)
licensing authority
insert
Director-General
(2) Section 25(4)
omit, insert
(4) If the Director-General decides to refuse to replace the licence, as soon as practicable after doing so, the Director-General must give a decision notice to the applicant.
(1) Section 27(1) and (2)
omit (all references)
licensing authority
insert
Director-General
(2) Section 27(1)(c)
omit
licensing authority's
insert
Director-General's
(3) Section 27(2)
omit
exist, it
insert
exist, the Director-General
(4) Section 27(3) and (4)
omit, insert
(3) As soon as practicable after making a decision under subsection (2) the Director-General must:
(a) if the decision is to take no action – inform the licensee of the decision by written notice; or
(b) otherwise – give a decision notice to the licensee.
(5) Section 27(6)
omit
licensing authority may, where it
insert
Director-General may, if the Director-General
(6) Section 27(6)
omit
all words from "serving" to "decision."
insert
giving a decision notice to the licensee.
Sections 30 to 34
repeal
(1) Section 53D(1)
omit
all words from "On" to "authority"
insert
After considering and investigating a complaint under section 53C, the Director-General
(2) Section 53D(1)(a)
omit
licensing authority's
insert
Director-General's
(3) Section 53D(2)
omit
all words from "The" to "notice of"
insert
As soon as practicable after making the determination, the Director-General must give a decision notice for the decision to make
(4) Section 53D(3)
omit
Section 53E
repeal, insert
53E Meaning of reviewable decision
A reviewable decision is:
(a) a decision specified in the Schedule, unless the decision was made by a delegate of the Director-General; or
(b) a decision made by a delegate of the Director-General under section 18 to refuse to grant a licence because the applicant is not an appropriate person to hold the licence under section 15(7); or
(c) a decision made on the review, under Part 3 of the Licensing (Director-General) Act, of a decision that:
(i) is specified in the Schedule; and
(ii) was made by a delegate of the Director-General.
Note for section 53E
A decision made under this Act by a delegate of the Director-General is not a reviewable decision but may be a delegate decision under the Licensing (Director-General) Act. Part 3 of that Act sets out procedures for applying for a review of a delegate decision.
53F Meaning of affected person
(1) A person is an affected person for a reviewable decision mentioned in section 53E(a) if the person is specified in the Schedule opposite the decision.
(2) A person is an affected person for a reviewable decision mentioned in section 53E(b) if the person was the applicant for the licence.
(3) A person is an affected person for a reviewable decision mentioned in section 53E(c) if the person was an affected person under the Licensing (Director-General) Act for the decision that was reviewed under Part 3 of that Act.
An affected person for a reviewable decision may apply to the Tribunal for a review of the decision.
53H Licence refused because of disqualifying offence
(1) This section applies if:
(a) a person (the applicant) applies for a licence; and
(b) the applicant is not an appropriate person to hold a licence because the applicant has been convicted of an offence mentioned in section 15(7); and
(c) the Director-General or a delegate of the Director-General refuses to grant the licence on that ground; and
(d) the applicant applies to the Tribunal for a review of the decision.
(2) On the review of the decision, the Tribunal may set aside the decision and substitute its own decision to grant a licence to the applicant despite section 15(7).
(3) The Tribunal may do so only if satisfied, on the balance of probabilities, that the applicant is a suitable person to be granted the licence despite the conviction.
(4) To avoid doubt, the Tribunal may grant the licence even though the Director-General or a delegate of the Director-General, in deciding the application, could not have done so because of section 15(7).
Each of the following is not a delegate decision for the Licensing (Director-General) Act:
(a) a decision made by a delegate of the Director-General under section 18 to refuse to grant a licence because the applicant is not an appropriate person to hold the licence under section 15(7);
(b) a decision, other than a decision specified in the Schedule, made under this Act by a delegate of the Director-General that is prescribed by regulation.
(1) Section 57, before "A person"
insert
(1)
(2) Section 57
omit
all words from ", unless" to "person."
insert
other than an excused conviction.
(3) Section 57, at the end
insert
(2) If the Tribunal has previously granted a licence to a person under section 53H despite the person having been convicted of a disqualifying offence, that conviction is an excused conviction for subsection (1).
Section 61
repeal, insert
The Director-General may approve forms for this Act.
102 Part 8 and Schedule inserted
After section 66
insert
Part 8 Transitional matters for Licensing (Director-General) Act 2014
In this Part:
2014 Acts means the Licensing (Director-General) Act 2014 and 2014 Amending Act.
2014 Amending Act means the Licensing (Repeals and Consequential Amendments) Act 2014.
commencement means the commencement of section 22 of the Licensing (Director-General) Act 2014.
licensing authority means the licensing authority as defined in section 3 as in force immediately before the commencement.
NTLC Act means the Northern Territory Licensing Commission Act as in force immediately before the commencement.
old legislation means the NTLC Act and this Act, as in force immediately before the commencement.
68 Application to licensing authority – not yet considered
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the licensing authority; but
(b) the licensing authority had not commenced active consideration of the application.
(2) The application:
(a) is taken to be an application made on the commencement for the decision to be made by the Director-General; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 68
The Director-General's decision on the application will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
69 Application to licensing authority – under active consideration
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the licensing authority and the licensing authority had commenced active consideration of the application; but
(b) the licensing authority had not made a decision.
(2) The licensing authority must deal with and determine the application in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) However, the licensing authority's decision is then taken to have been made by the Director-General.
Note for section 69(3)
As the decision will be made after the commencement and will be taken to be a decision of the Director-General, it may be a reviewable decision.
Division 3 Review of decisions and appeals
70 New review regime applies to post-commencement decisions
Part 6B applies only in relation to decisions made after the commencement.
71 Appeal against pre-commencement decision – appeal not yet commenced
(1) This section applies if, before the commencement:
(a) a decision had been made under this Act and the period for filing a notice of appeal against the decision under section 30, as then in force, had not expired; but
(b) a notice of appeal had not been filed.
(2) A person who would have been entitled to appeal against the decision under the old legislation may do so under the old legislation, as if the 2014 Acts had not commenced.
(3) The Local Court must hear and determine the appeal in accordance with the old legislation as if the 2014 Acts had not commenced.
72 Appeal against pre-commencement decision – appeal commenced
(1) This section applies if, before the commencement:
(a) an appeal against a decision made under this Act had been commenced under section 31, as then in force; but
(b) the appeal had not been finally determined.
(2) The Local Court must hear and determine the appeal in accordance with the old legislation as if the 2014 Acts had not commenced.
73 New complaints regime applies to post-commencement complaints
Subject to section 74, Part 6A, as amended by the 2014 Amending Act, applies only in relation to complaints made after the commencement.
74 Complaint made before commencement – not yet considered
(1) This section applies if, before the commencement:
(a) a complaint had been made under section 53A, as then in force; but
(b) the licensing authority had not commenced active consideration of the complaint.
(2) The complaint:
(a) is taken to have been made to the Director-General on the commencement; and
(b) must be dealt with and determined in accordance with Part 6A as amended by the 2014 Amending Act.
Note for section 74
The Director-General's decision on the complaint will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
75 Complaint made before commencement – under active consideration
(1) This section applies if, before the commencement:
(a) the licensing authority had commenced active consideration of a complaint made under section 53A, as then in force; but
(b) the licensing authority had not determined the complaint under section 53D, as then in force.
(2) The licensing authority must deal with and determine the complaint in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) If the licensing authority determines a complaint as mentioned in subsection (2):
(a) section 76 applies in relation to the licensing authority's decision as if it had been made before the commencement; and
(b) Part 6B does not apply in relation to the determination.
76 Review of pre-commencement complaint decision – application not yet made
(1) This section applies if, before the commencement:
(a) the licensing authority had made a decision under section 53D, as then in force, and the period for applying for a review of the decision under Part 4 of the NTLC Act had not expired; but
(b) an application for a review of the decision had not been made.
Note for subsection (1)
Under section 53E, as in force immediately before the commencement, a decision of the licensing authority under section 53D was reviewable under Part 4 of the NTLC Act.
(2) A person who would have been entitled to apply for a review of the decision under the old legislation may do so under the old legislation as if the 2014 Acts had not commenced.
(3) The licensing authority must review the decision in accordance with the old legislation as if the 2014 Acts had not commenced.
77 Review of pre-commencement complaint decision – application made
(1) This section applies if, before the commencement:
(a) an application had been made under section 28 of the NTLC Act for a review of a decision made under section 53D, as then in force; but
(b) the licensing authority had not completed the review.
(2) The licensing authority must complete the review in accordance with the old legislation as if the 2014 Acts had not commenced.
78 Continuation of ongoing documents and things
(1) This section applies if:
(a) before the commencement, a power or function was conferred by this Act on the licensing authority; and
(b) on the commencement, the power or function (or a substantially similar power or function) is conferred on the Director-General.
(2) On the commencement, an ongoing document continues with the same force and effect as if it had been issued by, or given to, the Director-General.
(3) On the commencement, an ongoing thing continues with the same force and effect as if it had been done by, or in relation to, the Director-General.
(4) This section applies subject to the other provisions of this Part and Part 5, Division 2 of the Licensing (Director-General) Act.
(5) In this section, a reference to something done before the commencement includes a reference to something done after the commencement in accordance with this Part as if it had been done before the commencement.
(6) In this section:
ongoing document means a document that:
(a) was issued by, or given to, the licensing authority before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
ongoing thing means a thing that:
(a) was done by, or in relation to, the licensing authority before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
Regulations may make provision for determining when active consideration of:
(a) an application commences for Division 2; or
(b) a complaint commences for Division 4.
80 Licence issued despite disqualifying offence
A reference in section 15(7A) or 57(2) to a licence issued by the Tribunal under section 53H includes a reference to a licence issued before the commencement by the Local Court under section 34(4), as then in force.
Schedule Reviewable decisions and affected persons
sections 53E, 53F(1) and 53J
Section
|
Decision
|
Affected person
|
18
|
Decision to refuse to grant licence
|
Applicant
|
19
|
Decision to impose condition on licence
|
Applicant
|
20(2)
|
Decision to amend conditions on licence
|
Licensee
|
20(2C)
|
Decision to refuse to amend conditions on
licence
|
Licensee
|
23(4)
|
Decision not to extend period of provisional
licence
|
Holder of licence
|
25
|
Decision to refuse to replace licence
|
Licensee
|
27(2)
|
Decision to suspend, cancel, or refuse to renew
licence or to impose penalty
|
Licensee
|
53D
|
Decision to determine complaint
|
Licensee
|
Schedule 5 has effect.
Part
7 Amendment of Prostitution Regulation
Act
104 Act
amended
This Part amends the Prostitution Regulation Act.
(1) Section 3, definitions approved form, Chairperson, Commission, Director and Tribunal
omit
(2) Section 3
insert (in alphabetical order)
affected person, see section 47D.
approved form means a form approved under section 49A.
decision notice, for a decision, means a written notice setting out:
(a) the decision and the reasons for it; and
(b) any right the person to whom the notice is to be given has, under this Act or the Licensing (Director-General) Act, to apply for a review of, or to appeal, the decision.
Director-General, see section 3 of the Licensing (Director-General) Act.
reviewable decision, see section 47C.
Tribunal means the Civil and Administrative Tribunal.
(1) Section 28, heading
omit
Commission
insert
Director-General
(2) Section 28(1), (2)(a) and (b) and (4)
omit (all references)
Commission
insert
Director-General
(3) Section 28(3)
omit
Commission may if it
insert
Director-General may, if the Director-General
(4) Section 28(5)
omit
After section 29
insert
(1) Within 14 days after making a decision under section 28, the Director-General must give a decision notice to:
(a) if the decision is to grant or renew a licence – the Minister; or
(b) if the decision is to refuse to grant or renew a licence – the applicant.
(2) On deciding to impose or vary a condition or restriction on a licence under section 29(1), the Director-General must give a decision notice to the applicant and the Minister.
Section 30(5) and (6)
omit, insert
(5) If, on the day on which a licence would, but for this subsection, expire, an application for the renewal of the licence has not been determined, the licence continues in force because of this subsection (but subject to this Act):
(a) until the person determining the application renews the licence; or
(b) if the person refuses the application (the refusal decision) – until:
(i) the day on which the licence is renewed after one of the following (each of which is a review):
(A) a review by the Director-General of the refusal decision (an internal review decision);
(B) a review by the Tribunal of the refusal decision or internal review decision (a Tribunal decision);
(C) an appeal to the Supreme Court against a Tribunal decision; or
(ii) the day on which:
(A) the applicant no longer has a right to apply for or commence a review; and
(B) any review that the applicant has applied for or commenced has been decided.
(6) If, on the day on which a licence would, but for this subsection, expire, the licensee:
(a) has applied for or commenced a review in relation to a refusal of an application for the renewal of the licence; or
(b) has a right to do so;
the licence continues in force because of this subsection (but subject to this Act) until the relevant day mentioned in subsection (5)(b).
(1) Section 31(1) and (5)
omit
Commission
insert
Director-General
(2) Section 31(1)
omit
it is
(3) Section 31(4)
omit
Commission may if it
insert
Director-General may if the Director-General
(4) Section 31(5)
omit
it shall
insert
the Director-General must
(5) Section 31(6)
omit, insert
(6) If the Director-General decides to cancel a licence under this section:
(a) the Director-General must give a decision notice to the licensee; and
(b) the cancellation takes effect when the notice is given to the licensee.
(1) Section 32(1), (3) and (4)
omit (all references)
Commission
insert
Director-General
(2) Section 32(3)
omit
it is
(3) Section 32(4)
omit
it may also if it thinks fit
insert
the Director-General may also
(4) Section 32(5)
omit, insert
(5) On making a decision under this section, the Director-General must give a decision notice to the following:
(a) if the decision is to cancel or suspend a licence – the licensee;
(b) if the decision is to impose or vary a condition or restriction on a licence – the licensee;
(c) unless the decision is to cancel a licence – the Minister.
(6) A decision mentioned in subsection (5)(a) or (b) takes effect when the notice is given to the licensee.
111 Part 3, Divisions 4 to 6 repealed
Part 3, Divisions 4 to 6
repeal
112 Sections 42A and 42B inserted
Before section 43, in Part 3, Division 8
insert
(1) For the purpose of performing functions and exercising powers under this Part, the Director-General may:
(a) make the inquiries or investigations the Director-General considers necessary; and
(b) by written notice, request a person to give specified information or documents to the Director-General within a reasonable time specified in the notice.
(2) A person must comply with a request under subsection (1)(b).
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(3) It is a defence to a prosecution for an offence against subsection (2) if the defendant has a reasonable excuse.
42B Minister may make submissions
The Minister may make a written submission to the Director-General in relation to any matter being considered by the Director-General under this Act.
(1) Section 43(1)
omit
Commission
insert
Director-General
(2) Section 43(2)
omit, insert
(2) As soon as practicable after deciding the application, the Director-General must give a decision notice to:
(a) if the decision is to refuse to remove or vary the condition or restriction – the licensee; or
(b) if the decision is to remove or vary the condition or restriction – the Minister.
(3) Section 43(3)
omit
Commission may in its
insert
Director-General may in the Director-General's
Section 44
repeal, insert
44 Police to be notified of Director-General's decisions
The Director-General must notify the Commissioner of Police of the following:
(a) all decisions specified in the Schedule that are made by a delegate of the Director-General;
(b) all reviewable decisions made;
(c) the results of any review by the Tribunal of a reviewable decision.
115 Sections 47 and 47A repealed
Sections 47 and 47A
repeal
After section 47B
insert
47C Meaning of reviewable decision
A reviewable decision is:
(a) a decision specified in the Schedule, unless the decision was made by a delegate of the Director-General; or
(b) a decision made on the review, under Part 3 of the Licensing (Director-General) Act, of a decision that:
(i) is specified in the Schedule; and
(ii) was made by a delegate of the Director-General.
Note for section 47C
A decision made under this Act by a delegate of the Director-General is not a reviewable decision but may be a delegate decision under the Licensing (Director-General) Act. Part 3 of that Act sets out procedures for applying for a review of a delegate decision.
47D Meaning of affected person
(1) A person is an affected person for a reviewable decision mentioned in section 47C(a) if the person is specified in the Schedule opposite the decision.
(2) A person is an affected person for a reviewable decision mentioned in section 47C(b) if the person was an affected person under the Licensing (Director-General) Act for the decision that was reviewed under Part 3 of that Act.
Division 2 Review of reviewable decisions
An affected person for a reviewable decision may apply to the Tribunal for a review of the decision.
The Minister may, on behalf of the Territory, intervene in a review proceeding in relation to a reviewable decision before the Tribunal at any time without the leave of the Tribunal.
47G Tribunal may make different decision when certificate refused or cancelled
(1) This section applies if:
(a) the Commissioner of Police refuses to issue a certificate in respect of an individual under section 9, or cancels a certificate issued in respect of an individual under section 9, on the ground that the individual has been found guilty of an offence of a kind mentioned in section 9(3); and
(b) the individual applies to the Tribunal for a review of the decision.
(2) On the review of the decision, if the Tribunal is satisfied that there are adequate grounds for disregarding the offence, the Tribunal may:
(a) order that the offence be disregarded; and
(b) direct the Commissioner of Police to issue a certificate to the individual or quash the cancellation.
(3) To avoid doubt, the Tribunal may direct the Commissioner to issue the certificate or quash the cancellation, and the Commissioner must comply with the order, even though, in the absence of the order, the Commissioner would not have been permitted to issue the certificate or quash the cancellation.
Division 3 Review of decisions made by delegate of Director-General
47H Regulations may declare decision not to be reviewable
The regulations may declare that a decision made under this Act by a delegate of the Director-General, other than a decision specified in the Schedule, is not a delegate decision for the Licensing (Director-General) Act.
47J Minister may make submissions
(1) The Minister may make written submissions to the Director-General in relation to the review of a delegate decision under the Licensing (Director-General) Act even if the Minister is not the applicant for the review.
(2) The Director-General must take the submissions into account in reviewing the delegate decision.
Section 49A
repeal, insert
The Director-General may approve forms for this Act.
After section 52
insert
(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as a person:
(a) employed or engaged in, or in connection with, the administration or enforcement of this Act; or
(b) who is otherwise concerned in the administration or enforcement of this Act.
(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.
(3) In this section:
exercise, of a power, includes the purported exercise of the power.
performance, of a function, includes the purported performance of the function.
119 Part 5, Division 1 heading inserted
Before section 55
insert
Part 5 Repeals and transitional matters
120 Part 5, Division 2 and Schedule inserted
After section 55
insert
Division 2 Transitional matters for Licensing (Director-General) Act 2014
In this Division:
2014 Acts means the Licensing (Director-General) Act 2014 and 2014 Amending Act.
2014 Amending Act means the Licensing (Repeals and Consequential Amendments) Act 2014.
commencement means the commencement of section 22 of the Licensing (Director-General) Act 2014.
Commission means the Commission as defined in section 3 of the NTLC Act.
Escort Tribunal means the Escort Agency Licensing Appeals Tribunal provided for by Part 3, Division 4 as in force immediately before the commencement.
NTLC Act means the Northern Territory Licensing Commission Act as in force immediately before the commencement.
NTLC Director means the Director as defined in section 3 of the NTLC Act.
old legislation means the NTLC Act and this Act, as in force immediately before the commencement.
57 Application to Commission – not yet considered
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the Commission; but
(b) the Commission had not commenced active consideration of the application.
(2) The application:
(a) is taken to be an application made on the commencement for the decision to be made by the Director-General; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 57
The Director-General's decision on the application will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
58 Application to Commission – under active consideration
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the Commission and the Commission had commenced active consideration of the application; but
(b) the Commission had not made a decision.
(2) The Commission must deal with and determine the application in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) However, the Commission's decision is then taken to have been made by the Director-General.
Note for section 58(3)
As the decision will be made after the commencement and will be taken to be a decision of the Director-General, it may be a reviewable decision.
Regulations may make provision for determining when active consideration of an application commences for this Subdivision.
Subdivision 3 Review of decisions
60 New review regime applies to post-commencement decisions
Part 3A applies only in relation to decisions made after the commencement.
61 Appeal to Escort Tribunal against pre-commencement decision – appeal not yet lodged
(1) This section applies if, before the commencement:
(a) a decision had been made under this Act and the period for lodging an appeal against the decision under Part 3, Division 4, as then in force, had not expired; but
(b) an appeal against the decision had not been lodged.
(2) A person who would have been entitled to appeal against the decision under the old legislation may do so under this Act, as if the 2014 Acts had not commenced.
(3) The Escort Tribunal must hear and determine the appeal in accordance with this Act as if the 2014 Acts had not commenced.
(4) If the Escort Tribunal determines an appeal as mentioned in subsection (3), section 63 applies in relation to the Escort Tribunal's decision as if it had been made before the commencement.
62 Appeal to Escort Tribunal against pre-commencement decision – appeal commenced
(1) This section applies if, before the commencement:
(a) an appeal against a decision made under this Act had been lodged under section 36, as then in force; but
(b) the appeal had not been finally determined.
(2) The Escort Tribunal must hear and determine the appeal in accordance with this Act as if the 2014 Acts had not commenced.
(3) If the Escort Tribunal determines an appeal as mentioned in subsection (2), section 63 applies in relation to the Escort Tribunal's decision as if it had been made before the commencement.
63 Appeal to Supreme Court against pre-commencement decision – appeal not yet lodged
(1) This section applies if, before the commencement:
(a) a decision had been made by the Escort Tribunal under this Act and the period for lodging an appeal against the decision under section 40, as then in force, had not expired; but
(b) an appeal against the decision had not been lodged.
(2) A person who would have been entitled to appeal against the decision under the old legislation may do so under the old legislation, as if the 2014 Acts had not commenced.
(3) The Supreme Court must hear and determine the appeal in accordance with this Act as if the 2014 Acts had not commenced.
64 Continuation of ongoing documents and things
(1) This section applies if:
(a) before the commencement, a power or function was conferred by this Act on a former entity; and
(b) on the commencement, the power or function (or a substantially similar power or function) is conferred on the Director-General.
(2) On the commencement, an ongoing document continues with the same force and effect as if it had been issued by, or given to, the Director-General.
(3) On the commencement, an ongoing thing continues with the same force and effect as if it had been done by, or in relation to, the Director-General.
(4) This section applies subject to the other provisions of this Division and Part 5, Division 2 of the Licensing (Director-General) Act.
(5) In this section, a reference to something done before the commencement includes a reference to something done after the commencement in accordance with this Division as if it had been done before the commencement.
(6) In this section:
former entity means the Commission, the NTLC Director, the Chairperson (as defined in section 3 of the NTLC Act) or the Escort Tribunal.
ongoing document means a document that:
(a) before the commencement, was issued by, or given to, the former entity in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
ongoing thing means a thing that:
(a) before the commencement, was done by, or in relation to, the former entity in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
Schedule Reviewable decisions and affected persons
sections 47C, 47D(1) and 47H
Section
|
Decision
|
Affected person
|
9(3)
|
Decision to refuse to issue certificate in respect
of individual
|
Individual
|
9(9)
|
Decision to cancel certificate in respect of
individual
|
Individual
|
28(1)(a)
|
Decision to grant or renew licence
|
Minister
|
28(1)(b)
|
Decision to refuse to grant or renew
licence
|
Applicant
|
29(1)(a)
|
Decision to grant licence subject to condition or
restriction
|
Licensee, Minister
|
29(1)(b)
|
Decision to vary or impose condition or restriction
on renewal of licence
|
Licensee, Minister
|
31
|
Decision to cancel licence (other than a manager's
licence under section 31(5))
|
Licensee
|
32
|
Decision to cancel or suspend licence
Decision to vary or impose condition or restriction
on licence
|
Licensee
Licensee, Minister
|
43(1)
|
Decision to refuse to remove or vary condition or
restriction on licence
Decision to remove or vary condition or restriction
on licence
|
Licensee
Minister |
Schedule 6 has effect.
Part
8 Amendment of Racing and Betting
Act
122 Act
amended
This Part amends the Racing and Betting Act.
(1) Section 89A(1)
omit
(2) Section 89A(4)(a), (b) and (c)(i), (5), (6) and (7)
omit (all references)
authority
insert
Director-General
(3) Section 89A(5)
omit
it
insert
the Director-General
(4) Section 89A(8)(a)
omit
authority may exercise its powers and perform its
insert
Director-General may exercise powers and perform
(5) After section 89A(8)
insert
(9) In this section:
Director-General, see section 3 of the Licensing (Director-General) Act.
Part X, heading
omit, insert
Part X Transitional matters
Division 1 Racing and Betting Amendment Act 2009
Section 157
omit
Part
insert
Division
126 Part X, Division 2 inserted
After section 160
insert
Division 2 Licensing (Director-General) Act 2014
In this Division:
2014 Acts means the Licensing (Director-General) Act 2014 and 2014 Amending Act.
2014 Amending Act means the Licensing (Repeals and Consequential Amendments) Act 2014.
authority means the authority as defined in section 89A(1) as in force immediately before the commencement.
commencement means the commencement of section 22 of the Licensing (Director-General) Act 2014.
Director-General, see section 89A(9).
162 Application under section 89A – not yet considered
(1) This section applies if, before the commencement:
(a) an application had been made under section 89A; but
(b) the authority had not commenced active consideration of the application.
(2) The application:
(a) is taken to be an application made on the commencement for the decision to be made by the Director-General; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
163 Application under section 89A – under active consideration
(1) This section applies if, before the commencement:
(a) an application had been made under section 89A and the authority had commenced active consideration of the application; but
(b) the authority had not decided the application.
(2) The authority must deal with and determine the application in accordance with this Act and the Northern Territory Licensing Commission Act, both as in force immediately before the commencement, as if the 2014 Acts had not commenced.
Regulations may make provision for determining when active consideration of an application commences for this Division.
165 Continuation of ongoing documents and things
(1) On the commencement, an ongoing document continues with the same force and effect as if it had been issued by, or given to, the Director-General.
(2) On the commencement, an ongoing thing continues with the same force and effect as if it had been done by, or in relation to, the Director-General.
(3) This section applies subject to sections 162 and 163 and Part 5, Division 2 of the Licensing (Director-General) Act.
(4) In this section:
ongoing document means a document that:
(a) was issued by, or given to, the authority before the commencement in or for the exercise of a power or performance of a function under section 89A, as then in force; and
(b) immediately before the commencement, had ongoing effect.
ongoing thing means a thing that:
(a) was done by, or in relation to, the authority before the commencement in or for the exercise of a power or performance of a function under section 89A, as then in force; and
(b) immediately before the commencement, had ongoing effect.
Part
9 Amendment of Tobacco Control
Act
127 Act
amended
This Part amends the Tobacco Control Act.
(1) Section 5, definition Director
omit
(2) Section 5
insert (in alphabetical order)
affected person, see section 41A.
Director-General, see section 3 of the Licensing (Director-General) Act.
reviewable decision, see section 41.
Section 41
repeal, insert
41 Meaning of reviewable decision
A reviewable decision is:
(a) a decision specified in the Schedule, unless the decision was made by a delegate of the Director-General; or
(b) a decision made on the review, under Part 3 of the Licensing (Director-General) Act, of a decision that:
(i) is specified in the Schedule; and
(ii) was made by a delegate of the Director-General.
Note for section 41
A decision made under this Act by a delegate of the Director-General is not a reviewable decision but may be a delegate decision under the Licensing (Director-General) Act. Part 3 of that Act sets out procedures for applying for a review of a delegate decision.
41A Meaning of affected person
(1) A person is an affected person for a reviewable decision mentioned in section 41(a) if any of the following apply:
(a) for a decision that relates to disciplinary action relating to a licence – the person is the licensee;
(b) for a decision that was made in relation to an application – the person is the applicant;
(c) the person made a submission, complaint or objection (however described) during the process that resulted in the decision being made.
(2) A person is an affected person for a reviewable decision mentioned in section 41(b) if the person was an affected person under the Licensing (Director-General) Act for the decision that was reviewed under Part 3 of that Act.
41B Jurisdiction of Civil and Administrative Tribunal
An affected person for a reviewable decision may apply to the Civil and Administrative Tribunal for a review of the decision.
The regulations may declare that a decision made under this Act by a delegate of the Director-General, other than a decision specified in the Schedule, is not a delegate decision for the Licensing (Director-General) Act.
130 Part 10 and Schedule inserted
At the end of the Act
insert
Part 10 Transitional matters for Licensing (Director-General) Act 2014
In this Part:
2014 Acts means the Licensing (Director-General) Act 2014 and 2014 Amending Act.
2014 Amending Act means the Licensing (Repeals and Consequential Amendments) Act 2014.
commencement means the commencement of section 22 of the Licensing (Director-General) Act 2014.
Commission means the Commission as defined in section 3 of the NTLC Act.
NTLC Act means the Northern Territory Licensing Commission Act as in force immediately before the commencement.
NTLC Director means the Director as defined in section 3 of the NTLC Act.
old legislation means the NTLC Act and this Act, as in force immediately before the commencement.
63 Application to NTLC Director – pending decision
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the NTLC Director; but
(b) the NTLC Director had not made a decision on the application.
(2) The application:
(a) is taken to be an application made on the commencement for the decision to be made by the Director-General; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 63
The Director-General's decision on the application will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
Division 3 Review of decisions
64 New review regime applies to post-commencement decisions
Part 4A applies only in relation to decisions made after the commencement.
65 Review of pre-commencement decision – application not yet made
(1) This section applies if, before the commencement:
(a) a decision had been made under this Act and the period for applying for a review of the decision under Part 4 of the NTLC Act, as then in force, had not expired; but
(b) an application for a review of the decision had not been made.
(2) A person who would have been entitled to apply for a review of the decision under the old legislation may do so under the old legislation, as if the 2014 Acts had not commenced.
(3) The Commission must review the decision in accordance with the old legislation as if the 2014 Acts had not commenced.
66 Review of pre-commencement decision – application made
(1) This section applies if, before the commencement:
(a) an application had been made under section 28 of the NTLC Act, as then in force, for review of a decision made under this Act; but
(b) the Commission had not completed the review.
(2) The Commission must complete the review in accordance with the old legislation as if the 2014 Acts had not commenced.
67 Continuation of ongoing documents and things
(1) This section applies if:
(a) before the commencement, a power or function was conferred by this Act on the NTLC Director; and
(b) on the commencement, the power or function (or a substantially similar power or function) is conferred on the Director-General.
(2) On the commencement, an ongoing document continues with the same force and effect as if it had been issued by, or given to, the Director-General.
(3) On the commencement, an ongoing thing continues with the same force and effect as if it had been done by, or in relation to, the Director-General.
(4) This section applies subject to the other provisions of this Part and Part 5, Division 2 of the Licensing (Director-General) Act.
(5) In this section, a reference to something done before the commencement includes a reference to something done after the commencement in accordance with this Part as if it had been done before the commencement.
(6) In this section:
ongoing document means a document that:
(a) was issued by, or given to, the NTLC Director before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
ongoing thing means a thing that:
(a) was done by, or in relation to, the NTLC Director before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
68 Legal immunity of NTLC Director continues
Despite the amendment made to section 56 by the 2014 Amending Act, that section continues to apply to a person who has been the NTLC Director as if the 2014 Amendment Act had not commenced.
sections 41 and 41C
Section
|
Decision
|
29
|
Decision to grant, or refuse to grant, tobacco
retail licence
|
29A
|
Decision to grant, or refuse to grant, renewal of
tobacco retail licence
|
35
|
Decision to vary, or refuse to vary, conditions of
tobacco retail licence
|
36
|
Decision to approve, or refuse to approve, transfer
of tobacco retail licence
|
38
|
Decision to cancel or suspend licence
|
Schedule 7 has effect.
Part
10 Amendment of Totalisator Licensing and Regulation
Act
132 Act
amended
This Part amends the Totalisator Licensing and Regulation Act.
(1) Section 3(1), definitions authority, Chairperson, Deputy Director, Director, hearing and member
omit
(2) Section 3(1)
insert (in alphabetical order)
affected person, see section 83.
decision notice, for a decision, means a written notice setting out:
(a) the decision and the reasons for it; and
(b) any right the person to whom the notice is to be given has, under this Act or the Licensing (Director-General) Act, to apply for a review of, or to appeal, the decision.
Director-General, see section 3 of the Licensing (Director-General) Act.
reviewable decision, see section 82.
Section 5
repeal
Sections 8 and 9
repeal, insert
8 Limitation on delegation by Director-General
Despite section 7 of the Licensing (Director-General) Act, the Director-General cannot delegate the Director-General's power under this Act to:
(a) grant a licence; or
(b) make Rules.
(1) Section 10(1)
omit
all words from "On" to "the person"
insert
As soon as practicable after a person becomes the Director-General, the person
(2) Section 10(1)(e)
omit
member
insert
the Director-General
(3) Section 10(3)
omit
all words from "a member or" to "the member"
insert
the person, or the person acquires new interests likely to give rise to a conflict with his or her duties under this Act, the person
(4) Section 10(4)
omit
all words after "effective"
insert
while the person is the Director-General.
(5) Section 10(6)
omit
Section 11
repeal
(1) Section 28(2) to (6)
omit
Director
insert
Director-General
(2) Section 28(6)
omit
all words from "licensee" to "agent."
insert
licensee:
(a) vary the licence by adding or substituting the agent; and
(b) for sections 43 and 44 – approve or refuse to approve the establishment of the agency with the agent added or substituted by the variation.
(3) Section 28(8) and (9)
omit
(1) Section 69(2)(a)
omit
authority
insert
Director-General
(2) Section 69(2)(c)
omit
Director
insert
Director-General
(3) Section 69(3)
omit
Section 70
repeal, insert
70 Consideration and decision of Director-General
(1) On receipt of a complaint, the Director-General:
(a) must inform the licensee of the complaint within 48 hours after receiving it and give the licensee sufficient opportunity to provide a written reply to the complaint; and
(b) must consider the complaint, taking into account any written reply from the licensee; and
(c) must investigate the substance of the complaint as the Director-General thinks fit.
(2) On completion of the Director-General's consideration and investigation, the Director-General must make a determination:
(a) to dismiss the complaint because it is of a frivolous, irrelevant or malicious nature; or
(b) that no further action is warranted; or
(c) to reprimand the licensee; or
(d) to fine the licensee an amount not exceeding the number of penalty units prescribed by regulation; or
(e) to vary a condition of, or impose a condition on, the licence under section 72; or
(f) to give a direction to the licensee under section 71; or
(g) to suspend the licence under section 72; or
(h) to cancel the licence under section 73.
(3) Before making a determination under subsection (2)(d), (e), (f), (g) or (h) the Director-General must:
(a) give the licensee written notice:
(i) stating that the Director-General proposes to make the determination; and
(ii) stating the ground on which it is proposed to make the determination; and
(iii) inviting the licensee to submit a response to the Director-General about the proposed determination within 28 days after the date of the notice; and
(b) take into account any submission made by the licensee within the time allowed.
(4) As soon as reasonably practicable after making a determination, the Director-General must give a decision notice for the determination to the person who made the complaint and the licensee.
(5) A fine imposed under subsection (2)(d) is recoverable as a debt due and payable by the licensee to the Territory.
141 Sections 73 and 74 replaced
Sections 73 and 74
repeal, insert
(1) Each of the following is a ground for cancelling a licence:
(a) the licensee has been found guilty of an offence against this Act, the Regulations or the Rules;
(b) the licensee has been found guilty of an offence otherwise relating to the business of the licensee under the licence or in respect of which a sentence of imprisonment for 6 months or more was imposed;
(c) the licensee has contravened or failed to comply with a direction given under section 71;
(d) the licensee is not a fit or proper person to hold a licence.
(2) If the Director-General believes a ground for cancelling a licence exists, the Director-General must give the licensee a written notice:
(a) stating that the Director-General proposes to cancel the licence; and
(b) stating the ground for the proposed cancellation and the facts relied on to constitute the ground; and
(c) inviting the licensee to make a written submission in response to the proposed cancellation to the Director-General within 28 days after the date of the notice.
(3) If, after considering any response of the licensee, the Director-General is satisfied that a ground for cancelling the licence exists, the Director-General must cancel the licence.
(4) As soon as practicable after making a decision under subsection (3), the Director-General must give the licensee a decision notice.
Part 8
repeal, insert
82 Meaning of reviewable decision
(1) A reviewable decision is:
(a) a regulatory decision, unless the decision was made by a delegate of the Director-General; or
(b) a decision made on the review, under Part 3 of the Licensing (Director-General) Act, of a decision that:
(i) is a regulatory decision; and
(ii) was made by a delegate of the Director-General.
Note for subsection (1)
A decision made under this Act by a delegate of the Director-General is not a reviewable decision but may be a delegate decision under the Licensing (Director-General) Act. Part 3 of that Act sets out procedures for applying for a review of a delegate decision.
(2) In this section:
regulatory decision means a decision of the Director-General under this Act, other than a decision to grant, or refuse to grant, a licence.
(1) A person is an affected person for a reviewable decision mentioned in section 82(1)(a) if any of the following apply:
(a) for a decision that relates to disciplinary action relating to a licence – the person is the licensee;
(b) for a decision that was made in relation to an application – the person is the applicant;
(c) the person made a submission, complaint or objection (however described) during the process that resulted in the decision being made.
(2) A person is an affected person for a reviewable decision mentioned in section 82(1)(b) if the person was an affected person under the Licensing (Director-General) Act for the decision that was reviewed under Part 3 of that Act.
84 Jurisdiction of Civil and Administrative Tribunal
An affected person for a reviewable decision may apply to the Civil and Administrative Tribunal for a review of the decision.
The regulations may declare that a decision made under this Act by a delegate of the Director-General, other than a regulatory decision as defined in section 82(2), is not a delegate decision for the Licensing (Director-General) Act.
After section 128
insert
Part 12 Transitional matters for Licensing (Director-General) Act 2014
In this Part:
2014 Acts means the Licensing (Director-General) Act 2014 and 2014 Amending Act.
2014 Amending Act means the Licensing (Repeals and Consequential Amendments) Act 2014.
authority means the authority as defined in section 3 as in force immediately before the commencement.
commencement means the commencement of section 22 of the Licensing (Director-General) Act 2014.
NTLC Act means the Northern Territory Licensing Commission Act as in force immediately before the commencement.
NTLC Director means the Director as defined in section 3 of the NTLC Act.
old legislation means the NTLC Act and this Act, as in force immediately before the commencement.
130 Application to authority – not yet considered
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the authority; but
(b) the authority had not commenced active consideration of the application.
(2) The application:
(a) is taken to be an application made on the commencement for the decision to be made by the Director-General; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 130
The Director-General's decision on the application will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
131 Application to authority – under active consideration
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the authority and the authority had commenced active consideration of the application; but
(b) the authority had not made a decision.
(2) The authority must deal with and determine the application in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) However, the authority's decision is then taken to have been made by the Director-General.
Note for section 131(3)
As the decision will be made after the commencement and will be taken to be a decision of the Director-General, it may be a reviewable decision.
Regulations may make provision for determining when active consideration of an application commences for this Division.
Division 3 Review of decisions
133 New review regime applies to post-commencement decisions
Part 8, as amended by the 2014 Amending Act, applies only in relation to decisions made after the commencement.
134 New complaints regime applies to post-commencement complaints
Subject to section 135, Part 7, Division 2 as amended by the 2014 Amending Act applies only in relation to complaints made after the commencement.
135 Complaint made before commencement – pending action
(1) This section applies if, before the commencement:
(a) a complaint had been made under section 69 as then in force; but
(b) the NTLC Director had not forwarded the complaint to the authority under section 69(3)(c) as then in force.
(2) The complaint:
(a) is taken to have been made to the Director-General on the commencement; and
(b) must be dealt with and determined in accordance with Part 7, Division 2 as amended by the 2014 Amending Act.
Note for section 135
The Director-General's decision on the complaint will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
136 Complaint made before commencement – complaint being dealt with
(1) This section applies if, before the commencement:
(a) the NTLC Director had forwarded a complaint to the authority under section 69(3)(c), as then in force; but
(b) the authority had not made a determination about the complaint under section 70, as then in force.
(2) The authority and NTLC Director must deal with and determine the complaint in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) If the authority determines a complaint as mentioned in subsection (2):
(a) section 137 applies in relation to the authority's determination as if it had been made before the commencement; and
(b) Part 8, as amended by the 2014 Amending Act, does not apply in relation to the determination.
Division 5 Hearings and appeals
137 Right to request hearing arising before commencement
(1) This section applies if, before the commencement:
(a) a person had been entitled under section 82 or 83, as then in force, to request a hearing in relation to a decision or direction and the period for requesting the hearing had not expired; but
(b) a request for a hearing had not been made.
(2) The person may request a hearing in relation to the decision or direction under the old legislation as if the 2014 Acts had not commenced.
(3) The authority must conduct the hearing and make a decision in accordance with the old legislation as if the 2014 Acts had not commenced.
(4) If the authority makes a decision as mentioned in subsection (3):
(a) section 139 applies in relation to the authority's decision as if it had been made before the commencement; and
(b) Part 8, as amended by the 2014 Amending Act, does not apply in relation to the decision.
138 Hearing requested before commencement
(1) This section applies if, before the commencement:
(a) a request for a hearing had been made under section 82 or 83, as then in force; but
(b) the authority had not made a decision under section 87, as then in force.
(2) The authority must make its decision in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) If the authority makes a decision as mentioned in subsection (2):
(a) section 139 applies in relation to the authority's decision as if it had been made before the commencement; and
(b) Part 8, as amended by the 2014 Amending Act, does not apply in relation to the decision.
139 Appeal against decision at hearing – appeal not yet commenced
(1) This section applies if, before the commencement:
(a) the authority had made a decision at a hearing and the period for commencing an appeal against the decision in the Local Court under Part 7, Division 3, as then in force, had not expired; but
(b) an appeal had not been commenced.
(2) A person who would have been entitled to appeal against the decision under the old legislation may do so under the old legislation, as if the 2014 Acts had not commenced.
(3) The Local Court must hear and determine the appeal in accordance with the old legislation as if the 2014 Acts had not commenced.
140 Appeal against decision at hearing – appeal commenced
(1) This section applies if, before the commencement:
(a) an appeal against a decision made at a hearing had been made to the Local Court; but
(b) the Local Court had not determined the appeal.
(2) The Local Court must hear and determine the appeal in accordance with the old legislation as if the 2014 Acts had not commenced.
141 Continuation of ongoing documents and things
(1) This section applies if:
(a) before the commencement, a power or function was conferred by this Act on an NTLC entity; and
(b) on the commencement, the power or function (or a substantially similar power or function) is conferred on the Director-General.
(2) On the commencement, an ongoing document continues with the same force and effect as if it had been issued by, or given to, the Director-General.
(3) On the commencement, an ongoing thing continues with the same force and effect as if it had been done by, or in relation to, the Director-General.
(4) This section applies subject to the other provisions of this Part and Part 5, Division 2 of the Licensing (Director-General) Act.
(5) In this section, a reference to something done before the commencement includes a reference to something done after the commencement in accordance with this Part as if it had been done before the commencement.
(6) In this section:
NTLC entity means the authority, the NTLC Director or the Chairperson (as defined in section 3 of the NTLC Act).
ongoing document means a document that:
(a) was issued by, or given to, the NTLC entity in or for the exercise of the power or performance of the function before the commencement; and
(b) immediately before the commencement, had ongoing effect.
ongoing thing means a thing that:
(a) was done by, or in relation to, the NTLC entity in or for the exercise of the power or performance of the function before the commencement; and
(b) immediately before the commencement, had ongoing effect.
Schedule 8 has effect.
Part
11 Amendment of other
laws
145 Other
laws amended
Schedule 9 amends the laws mentioned in it.
Part
12 Repeals
146 Regulations
repealed
The following Regulations are repealed:
(a) Gaming Control (Commission Procedures) Regulations (Subordinate Legislation No. 7 of 1995);
(b) Totalisator Licensing and Regulation (Hearings) Regulations (Subordinate Legislation No. 29 of 2000).
Part 13 Expiry
of
Act
147 Expiry
of Act
This Act expires on the day after it commences.
Schedule 1 Gaming Control Act further amended
section 11
Provision
|
Amendment
|
|
|
omit
|
insert
|
sections 15(1), (3), (4) and (7), 20(2)(d), 26(2),
27(3)(b), 31(1) to (4), 35(1), (3) and (4), 40(3), (4), (8) and (9), 46F(2)(d),
46P(1) to (4), 46Q(1) and (2), 47F(2)(d), 47P(1) to (4), (7) and (8), 47Q(1) and
(2), 48, 49(2), 51(1) and (2), 53(2)(b)(ii), 68(4), 68A(1), 68B(3), 76, 77(1)
and 78(1)
|
Director
(all references) |
Director-General
|
section 14
|
Commission or the Director are
|
Director-General is
|
section 27(3)(b)
|
Director's
|
Director-General's
|
sections 31, 35, 46P, 46Q, 47P, 47Q and 51,
heading
|
Director
|
Director-General
|
section 33(6)
|
all words from "Director" to
"Act"
|
Director-General or Commissioner of
Police
|
section 33(7)
|
Director
|
Director-General
|
section 72, heading
|
Directors
|
directors
|
section 79(1)
|
the Director,
|
|
Schedule 2 Gaming Machine Act further amended
section 29
Provision
|
Amendment
|
|
|
omit
|
insert
|
sections 22C, 26, 33(1)(b), 34(1) and (2), 39(2),
40(3)(a) and (4), 43(1), (4), (6) and (9), 50(1) and (2), 54(1) and (2), 55(2),
56(1) and (2) and 170(4) and (5)
|
Commission
(all references) |
Director-General
|
section 24A(1)(a) and (b) and (2)(d), (e) and (f),
27(1) and (2), 29(1), (2)(ba), (3) and (5), 31(1), 34(2), (4) and (5), 35(1),
36(2), 39(1), (3), (4) and (5), 40(1) and (3), 40A(1) and (2), 41B(1)(a) and (b)
and (2)(d), (e) and (f), 43(4)(b), (6) and (11), 44(1), (2) and (4), 45(1), (2)
and (3), 46, 47(1), (1A) and (3) to (7), 50(2), 53(2), 59(1), (2) and (6)(d),
59A(1), (2), (3), (7) and (8), 60(4) and (6), 61(1), (2), (4) and (6), 62(1)(a),
(b), (d), (g) and (h) and (2), 63(1) and (2), 64(1) to (3), 65(1) to (3), 66,
67(1), 69(b), 70(1), (2), (4) and (5), 71(1), (2)(a), (b) and (d), (3), (5),
(5A) and (6), 73, 74(1), (2), (4) and (5)(a), 75(1) to (3), 76, 77(2) to (7),
(9) and (10)(a), 78(1), (3) to (5), (7) and (8)(a) and (b), 80(1) and (2),
82(1), (2), (3), (5) and (6), 82A(1), (2) and (4), 83(2), 85(4), 87(1)(a), 89(1)
and (2), 98(1) and (2), 99(n), 100(1), 101(2), 102, 116(1), (2), (3)(b) and (4),
117(1), (2), (3)(b) and (4), 120(3A), 121(1)(b)(i), (2), (3)(a) and (d) and (4),
122(2)(a) and (d), 123(d)(i) and (ii), 125(4)(a) and (b), 126(3)(a) and (b), (4)
and (5), 127(1), 128,129(1), (3), (3A), (3B), (5), (6) and (7), 131(1) to (10)
and (11)(b), 132(1), 133, 134(1), (2)(a), (b) and (d), (4), (6), (9), (10) and
(11), 135(1) to (4), (6), (7) and (8), 136(2) and (3)(b), 136A, 137(1)(c) and
(2)(c), 138(2)(a) and (b), (3), (4) and (5)(a) and (b), 141(2) and (3), 142(2),
143(1) and (2), 144(1) and (2)(a), 146(1)(d)(ii) and (3), 148(1) and (2)(a) and
(b), 149(1), 149A(1), (5) and (6), 150(1), 152(1), (2) and (3), 153(1), 154,
155(1) and (2), 156(1) and (3), 157(2), 158(1)(b) and (c) and (2)(a) and (b),
162(1)(m), 166(1), 168(1) and (2), 169(b), 171(1) and (2), 174(1)(c), (2)(c),
(3)(c) and (d) and (5), 175(1) and (2), 186, 189(1)(b) and 191
|
Director
(all references) |
Director-General
|
sections 43(8), 161(1) and 172(1) and
(2)
|
Commission or
Director
(all references) |
Director-General
|
sections 39, 40, 40A, 131, 136A and 155,
heading
|
Director
|
Director-General
|
sections 59A(4), 161A, 172(2)(a) and (b) and
194(5)(a) and (b)
|
Commission or the Director
|
Director-General
|
sections 60(7), 65(2)(a), 131(7)(b) and (8), 149A(4)
and 156(2)
|
Director's
|
Director-General's
|
section 22A, heading
|
Commission or Director
|
Director-General
|
sections 22A(1)
|
Commission or the Director
Commission or the Director (as the case may
be)
|
Director-General Director-General
|
section 22A(3)
|
Commission or the Director
Commission or Director
|
Director-General Director-General
|
section 22A(4)(a) and (7)(a)
|
Commission or the Director
|
Director-General
|
section 22A(4) and (7)
|
Commission or the Director (as the case may
be)
(all references) |
Director-General
|
section 22A(6)
|
Commission or the Director
Commission or the Director (as the case may
be)
(all references) |
Director-General Director-General
|
section 24A(2)(b)
|
whole paragraph
|
(b) specify the number of gaming machines that the
applicant seeks to have authorised for use under the gaming machine
licence;
|
section 25(1) and (7)(b)
|
Director
|
Director-General
|
section 25(2)
|
whole subsection
|
|
section 25(3), (5), (7), (8A) to (13)
|
Commission
|
Director-General
|
section 25(4)
|
Commission
Director
Commission's
|
Director-General
Director-General
Director-General's
|
section 25(6)
|
Commission or Director
|
Director-General
|
section 25(13)(a)
|
requested
|
sought
|
section 25(14)(a)
|
applied for
|
sought in the application
|
section 25(15)
|
Director
by the Commission
|
Director-General
on the application
|
section 28(1)
|
Commission
Director
|
Director-General
Director-General
|
section 28(2)
|
Director
|
Director-General
|
section 28(2)(d)
|
Commission or Director
|
Director-General
|
section 38, heading
|
Director's
|
Director-General's
|
section 38(1), (2) and (3)
|
Director
|
Director-General
|
section 38(2)(b), after "Act"
|
|
and both of the following apply
|
section 38(2)(b)(i)
|
and
|
|
section 38(3)(a), at the end
|
|
and
|
section 38(3)(b) and (c)
|
Commission
|
Director-General
|
section 41A(1)(a)
|
increased number of
|
number of additional
|
section 41A(1)(b) and (c)
|
Director
(all references) |
Director-General
|
section 41A(2)
|
Commission
|
Director-General
|
section 51(b)
|
Commission or the powers or authorities of the
Director
|
Director-General
|
section 79(1)(b)(v)
|
by the Commission or Director
|
under this Act
|
section 79(1)(b)(vi)
|
Commission, the Director
|
Director-General
|
section 79(1)(c), (2), (3), (5) to (11) and (13) to
(16)
|
Director
(all references) |
Director-General
|
section 81(b)
|
Commission or the powers or authorities of the
Director
|
Director-General
|
section 96(4)(b)
|
Director,
|
Director-General;
|
section 118(1)
|
all words from "Director may" to
"Commission"
|
Director-General may undertake such investigations
as are necessary in order to satisfy the Director-General
|
section 118(2) and (3)
|
Director
|
Director-General
|
section 119(1)
|
The Director
|
The Director-General
|
section 119(1)(a)(v)
|
by the Commission or Director and the
Commission
|
under this Act and the Director-General
|
section 119(1)(a)(vi)
|
Commission, the Director
|
Director-General
|
section 119(1)(b)
|
Commission or the Director
|
Director-General
|
section 119(2)
|
Director
(all references) |
Director-General
|
section 161A, heading
|
Commission or Director
|
Director-General
|
section 161A
|
Commission or the Director
|
Director-General
|
section 164
|
all words from "Commission or" to
"Director,"
|
Director-General or another person
|
section 184(1)(b) and (c)
|
whole paragraph
|
|
Schedule 3 Kava Management Act further amended
section 42
Provision
|
Amendment
|
|
|
omit
|
insert
|
sections 8(1) and (2), 28A(1) to (3), 28B, 30(1) and
(3), 31(2), 58A(2), 59(1), 59A(1)(a) and (b), (2) and (3), 75, 83 and 89(2)(f)
and (5)(a) and (b)
|
Commission
(all references) |
Director-General
|
sections 28(2)(c), 37(1), 46, 49(1) and (3), 50(2),
51(2)(a) and 52(1)
|
Chairperson
(all references) |
Director-General
|
section 11(3)
|
Chairperson in the approved manner
|
Director-General in the approved form
|
section 11(4)
|
Chairperson
|
Director-General
|
sections 28A and 28B, heading
|
Commission
|
Director-General
|
Part 6, Division 1, heading
|
Delivery to and detention by
Chairperson
|
Director-General
|
section 46, heading
|
Chairperson
|
Director-General
|
section 47
|
all words from "Commission" to
"Chairperson"
|
Director-General may retain possession of kava or a
thing delivered
|
section 53, definition area,
paragraphs (b) and (c)
|
the Schedule
|
Schedule 1
|
section 58C(2), (3A) and (4)
|
Commission
(all references) |
Director-General
|
section 58C(3)
|
The Commission
|
The Director-General
|
section 58C(3)(c)
|
or part of is
|
, or part of which is,
|
section 58C(3)(d)
|
the Commission,
|
|
section 58D(2), (4), (4B) and (5)
|
Commission
(all references) |
Director-General
|
section 58D(3)
|
The Commission
|
The Director-General
|
section 58D(3)(d)
|
the Commission,
|
|
section 60(1) and (3)(a) and (b)
|
Commission
|
Director-General
|
section 60(3)
|
with the Director
|
|
section 61(1)(a) and (b) and (2)(d) and
(e)
|
Commission
|
Director-General
|
sections 61(3) and 62(2)(c)
|
Director
|
Director-General
|
section 62(3)
|
all words from "Where" to "must"
|
If an objection is lodged, the Director-General must
do the following
|
section 62(3)(b)
|
fit; and
|
fit.
|
section 62(3)(c)
|
whole paragraph
|
|
section 63(1) and (4)
|
Commission
(all references) |
Director-General
|
section 63(2)
|
all words from "Commission may" to
"of:"
|
Director-General may make the investigations he or
she thinks fit including investigations to inform the Director-General
of:
|
section 63(3)
|
Director
Commission
|
Director-General
Director-General
|
section 67, heading
|
Commission
|
Director-General
|
section 67
|
Commission
|
Director-General
|
section 67(a)
|
its own motion if it
|
the Director-General's own motion if the
Director-General
|
section 67(b)
|
Director,
|
Director-General;
|
section 71(1)
|
Director
|
Director-General
|
section 72(1)
|
Commission may appoint a person who in its
|
Director-General may appoint a person who in the
Director-General's
|
section 72(2)(a)
|
all words from "Commission" to "itself
of"
|
Director-General may make the investigations the
Director-General thinks fit to determine
|
section 75, heading
|
Commission
|
Director-General
|
section 75
|
Commission
|
Director-General
|
section 85(1A)
|
Chairperson or Director
|
Director-General
|
Schedule, heading, after
"Schedule"
|
|
1
|
Schedule 4 Liquor Act further amended
section 89
Provision
|
Amendment
|
|
|
omit
|
insert
|
sections 14, 33AA(3)(b) and (5), 47(1)(b), (2), (4)
and (5), 47B, 59A(3)(b) and (5), 70(1) and (2)(c), 72B(1), 73(2), 89A(1), (4)
and (6), 101AD(5)(b), 101AH, 101B, 101F(1), (2)(c) and (4), 101H(1), 101J(3) and
(4), 101ZE(1), (2)(a) and (b) and (3)(b), 101ZI(1) and (3), 117(2) and (3),
122A(1) and (2), 124(1) and (3) and 125A(1) and (3)
|
Commission
(all references) |
Director-General
|
section 3(3)
|
all words from "When" to "Commission must"
|
A person exercising a power or performing a function
under this Act must
|
section 5(2)(b), (d)(i) and (h)
|
authorized
|
authorised
|
section 6(1)
|
When the Commission Commission must
|
When a person (a decision
maker)
decision maker must
|
section 6(3)
|
Commission
(all references) |
decision maker
|
section 16, heading
|
Commission
|
Director-General
|
section 16(1)
|
Commission
(all references) |
Director-General
|
section 16(2)(b)
|
by the Commission
of the Commission
(first reference) of the Commission
(second reference) |
by the Director-General
of the Director-General
|
section 16(2)
|
Commission shall not be
|
Director-General is not
|
section 18(1)
|
he
|
the Minister
|
section 18(2)
|
him
Commission or the Director
|
an inspector
Director-General
|
section 18(3)
|
Director
in accordance with a form approved by the
Commission
|
Director-General
|
section 19(4)
|
authorized
|
authorised
|
section 19(5)(d), after "liquor"
|
|
or container
|
section 19(5)(e)
|
whole paragraph
|
(e) request a person on the premises to answer
questions, produce a document or thing kept there under the person's control or
give any other assistance the inspector requires to carry out the
inspection.
|
section 19(11), definition approved
analyst
|
Commission
|
Director-General
|
section 23, heading
|
of members
|
from liability
|
section 24
|
all words from "Commission may" to "Commission,"
|
Director-General may issue a licence
|
section 25(2)
|
shall
|
, the body corporate must
|
section 25(5)
|
Commission
|
Director-General
|
section 26(1)
|
Director in a form approved by the Commission
|
Director-General in the approved form
|
section 26A(3)
|
must be in a form approved by the Commission
and
|
|
section 26A(5)
|
Commission
|
Director-General
|
section 27(1)
|
all words from "cause" to "Commission"
|
publish in the way specified by the
Director-General
|
section 27(2)(c) and (d)
|
Commission
|
Director-General
|
section 27(3)
|
Director
|
Director-General
|
section 31(1)
|
Commission
it may consider before it
|
Director-General
the Director-General considers
before the Director-General
|
section 31(2), (3) and (4)(a) to (c)
|
Commission
(all references) |
Director-General
|
section 31(3), after "referred"
|
|
to
|
section 31(5)
|
Commission
its
|
Director-General
the Director-General's
|
section 31(6)
|
whole subsection
|
|
sections 31A(4)(c), (5)(e) and (8) and
33E(3)
|
Director
|
Director-General
|
section 33F
|
Commission may, on application made to it
|
Director-General may, on application made to the
Director-General
|
section 33G(1)
|
Commission
|
Director-General
|
section 33G(2) and (3)
|
Commission
it
|
Director-General
the Director-General
|
section 39(1)
|
Director
|
Director-General
|
section 39(1A) and (2)
|
Commission
|
Director-General
|
section 39(1B)
|
Commission
it
|
Director-General
the Director-General
|
section 40(1)
|
holder for the time being of the
licence
|
licensee
|
section 40(2)
|
all words from "Commission" to
"Commission"
|
Director-General authorises the transfer or until
such later date as the Director-General
|
section 41(1)(a)
|
all words from "Director" to "transfer"
|
Director-General an application for the transfer of
the licence in the approved form
|
section 45
|
all words from "Where" to "Commission
to"
|
If the Director-General authorises the transfer of a
licence, the Director-General must issue a certificate of transfer
to
|
section 47A(2)
|
Commission
it
|
Director-General
the Director-General
|
section 47C
|
a form approved by the Commission, apply to the
Commission
|
the approved form, apply to the
Director-General
|
section 47D(1)(a) and (b)
|
Commission
|
Director-General
|
section 47D(2)
|
a form approved by the Commission
|
the approved form
|
section 47E(1)
|
Commission
it
|
Director-General
the Director-General
|
section 47E(4)
|
Commission may authorize
|
Director-General may authorise
|
section 47F(1)(a) and (c)
|
, as notified
|
|
section 47F(1)(b)
|
as notified under section 32A
|
notice of which is required to be published under
section 32A(2)
|
section 47F(1)(d)
|
as notified under section 119
|
notice of which is required to be published under
section 119(3)
|
sections 47F(4)(d) and (5) and 47G
|
Director
(all references) |
Director-General
|
section 47H
|
Northern Territory Licensing Commission Act
|
Licensing (Director-General) Act
|
section 57
|
authorizes
|
authorises
|
section 58(1)(a)
|
Director not later than 7 days
|
Director-General no later than 28 days
|
section 58(1)(b)
|
whole paragraph
|
(b) made in the approved form; and
(c) accompanied by the prescribed fee.
|
section 58(2)
|
Director
|
Director-General
|
section 66(2)(a)
|
, or an application for disciplinary
action,
or disciplinary action
|
|
section 67(2)(a)
|
whole paragraph
|
|
section 67(3)(f)
|
by the Commission
|
|
section 67(3)(l)
|
Commission
|
Director-General
|
Part VII, Division 2, heading
|
Director's
|
Director-General's
|
Part VII, Division 3, heading
|
Commission's
|
Director-General's
|
Part VII, Division 4, heading
|
Director's
|
Director-General's
|
section 72A(1)
|
Director
|
Director-General
|
section 72A(2)
|
Director
and Commission
|
Director-General
|
section 72A(3)
|
Director's
|
Director-General's
|
section 75(1A)
|
Commission
|
Director-General
|
section 75(2)
|
Director or a Deputy Director
|
Director-General
|
section 76(1)(a)
|
Director
|
Director-General
|
section 76(1)(d)
|
Commission
|
Director-General
|
section 76(2)(b)
|
whole paragraph
|
|
section 76A, heading, at the end
|
|
of Division
|
section 76A, after "application"
|
|
or proposal
|
section 82(1)
|
Commission
(first reference) |
Director-General
|
section 82(1)
|
a newspaper or newspapers nominated by the
Commission
|
another way specified by the
Director-General
|
section 82(2)(c)
|
Commission
|
Director-General
|
section 83(b)
|
all words from "published" to "with"
|
otherwise published under
|
section 85, heading
|
Commission
|
Director-General
|
section 85
|
all words from "Commission" to
"opinion,"
|
Director-General must take all steps the
Director-General considers
|
section 86A, heading, at the end
|
|
of Division
|
section 86A, after "application"
|
|
or proposal
|
section 86B
|
Commission must consider the
|
Director-General must consider an
|
section 86D, heading
|
Commission
|
Director-General
|
section 86D
|
Commission
(all references) |
Director-General
|
section 86D, after
"application"
(all references) |
|
or proposal
|
section 86F(1)
|
Commission
newspaper circulating in the area
|
Director-General
way specified by the Director-General
|
sections 86F(2)(d), (3) and (5) and
87(1)
|
Commission
(all references) |
Director-General
|
section 87(3)
|
Commission
it
|
Director-General
the Director-General
|
section 90(a)
|
Director
|
Director-General
|
section 91(1)
|
Commission shall consider an application for a
permit and shall
|
Director-General must
|
section 91(1)(a)
|
whole paragraph
|
(a) consider the application; and
|
section 91(1)(b)
|
such steps as are, in its opinion,
|
steps the Director-General considers
are
|
section 91(2)
|
all words from "an" to "and"
|
the application, the Director-General must
consider
|
section 94, heading
|
Commission
|
Director-General
|
section 94
|
Commission at its
|
Director-General at the
Director-General's
|
section 101AE(2)(a)
|
Director
|
Director-General
|
section 101AF(1)
|
newspaper circulating in the area
|
way specified by the Minister
|
section 101C(1), (2) and (4)(d)
|
Commission
|
Director-General
|
section 101C(4)(a)
|
whole paragraph
|
|
section 101C(5)
|
Director or Commission
|
Director-General
|
section 101D, heading
|
Commission
|
Director-General
|
sections 101D(1) and (2) and 101ZG(1), (3) and
(4)
|
Commission
(all references) |
Director-General
|
section 101ZG(2)
|
all words from "Commission" to
"newspapers"
|
Director-General may require the person to publish,
in a way specified by the Director-General,
|
section 101ZG(3)(b), after "give"
|
|
the
|
section 104(3)(g)
|
authorized
Commission
(all references) |
authorised
Director-General
|
section 106, heading
|
Commission
|
Director-General
|
section 106(1)
|
Commission
|
Director-General
|
section 106(2)
|
all words from "Where" to "declaration on"
|
As soon as practicable after making a declaration
under subsection (1), the Director-General must give a copy of the
declaration and a decision notice to
|
section 106(3)
|
a form approved by the Commission
Commission may
|
the approved form Director-General may
|
section 106BD(3), (4) and (6)
|
Director
(all references) |
Director-General
|
section 106E(a)
|
Director or a Deputy Director
|
Director-General
|
sections 107(3)(a) and 108(3)(a)
|
Director
|
Director-General
|
section 111(2)
|
form approved by the Director
|
approved form
|
section 111(3)
|
Commission's
|
Director-General's
|
section 113, heading
|
Licensees
|
Licensee
|
section 113(1)
|
Director
|
Director-General
|
section 113(3)(a)
|
form approved by the Director
|
approved form
|
section 113A(2) and (5)
|
Director
(all references) |
Director-General
|
section 113A(3)
|
The Director
Director:
|
The Director-General
Director-General:
|
section 113A(3)(a)
|
form approved by the Director
Director requires
|
approved form Director-General requires
|
section 114(1)
|
Director
|
Director-General
|
section 114(3)(a)
|
form approved by the Director
|
approved form
|
section 120, heading
|
Unauthorized
|
Unauthorised
|
section 120(1)
|
Commission
(all references) his
its
|
Director-General the
the Director-General's
|
sections 120B(1) and 120X
|
Director
(all references) |
Director-General
|
section 123, heading
|
to Director
|
|
section 123(1)
|
Commission cancels Director as directed by the Commission
|
Director-General cancels
Director-General
|
section 123(3)
|
Director
|
Director-General
|
section 127, heading
|
Commission
|
Director-General
|
section 127(1)
|
Commission may, in its
|
Director-General may, in the
Director-General's
|
section 127(2)
|
Commission
|
Director-General
|
section 128(2)(b)
|
authorizing the Commission
it
|
authorising the Director-General
the Director-General
|
section 128(2)(d)
|
Commission
its
(all references) |
Director-General
|
Schedule 5 Private Security Act further amended
section 103
Provision
|
Amendment
|
|
|
omit
|
insert
|
sections 8(1) and (3)(a), 16(1), (2) and (3),
19(1), 21(1) and (2), 23(4), 24(1), (2)(c), (3) and (4), 28(1) and (3),
29(2), 36(1) and (3), 45(1) and (2)(a) and (b), 48(1), (2), (3) and (7), 49(1),
53(2), (2A) and (4), 56(1) and (3)(b), 58(4)(a), 60(3) and (4) and
66(2)(b)
|
licensing authority
(all references) |
Director-General
|
Part 2, heading
|
Licensing authority
|
Use of information
|
section 11, heading
|
Licensing authority
|
Director-General
|
section 11(1)
|
licensing authority
it
|
Director-General
the Director-General
|
section 11(2), (3), (4) and (5)
|
licensing authority
|
Director-General
|
section 11(4)(b)
|
an appeal under this Act
|
a review under this Act or the Licensing
(Director-General) Act
|
section 14(1)
|
licensing authority
on the prescribed
|
Director-General
in the approved
|
sections 14(3), (4) and (5) and 17(3)
|
licensing authority
|
Director-General
|
section 17(5)
|
(9) (inclusive)
|
(8)
|
section 35(1)
|
all words from "licensing" to
"Act"
|
Director-General may appoint a public sector
employee
|
section 35(2) and (3)
|
licensing
authority
(all references) |
Director-General
|
section 50(1)
|
licensing authority
it
|
Director-General
the Director-General
|
section 51, heading
|
Local Court
|
Tribunal
|
section 51(1) and (2)
|
licensing
authority
(all references) Local Court
(all references) |
Director-General
Tribunal |
section 51(3), (4)(b) and (5)
|
Local Court
|
Tribunal
|
section 51(4) and (6)
|
the Court
|
the Tribunal
|
section 52
|
Local Court
licensing authority
|
Tribunal
Director-General
|
section 53A(2)(a)
|
a form approved by the licensing authority
|
the approved form
|
section 53A(2)(d)
|
licensing authority
|
Director-General
|
section 53B
|
licensing authority
within 48 hours after receiving it
|
Director-General
|
section 53C, heading
|
licensing authority
|
Director-General
|
section 53C(1)
|
licensing authority
he or she
|
Director-General
the Director-General
|
section 53C(2) and (3)
|
licensing authority
|
Director-General
|
section 53C(3)(a)
|
he or she
|
that the Director-General
|
section 53C(3)(b)
|
appear before it to
|
|
section 59(1)(a)
|
whole paragraph
|
|
section 65
|
licensing authority
it thinks fit and specified
|
Director-General
the Director-General specifies
|
Schedule 6 Prostitution Regulation Act further amended
section 121
Provision
|
Amendment
|
|
|
omit
|
insert
|
Part 3, Division 1, heading
|
Licensing Commission and director
|
Role of Director-General
|
section 22, heading
|
Commission
|
Director-General
|
section 22(1)
|
Commission are
|
Director-General are
|
section 22(1)(e)
|
Commission
|
Commissioner
|
section 22(1)(f)
|
Commission considers may assist it in carrying out
its
|
Director-General considers may assist the
Director-General in carrying out his or her
|
section 22(2)
|
Commission
on it
its
|
Director-General
the Director-General's
|
section 25(1) and (3)
|
Commission
|
Director-General
|
section 25(4)
|
Commission may in its
|
Director-General may in the
Director-General's
|
section 27(1)
|
to the Commission, the Director shall
|
, the Director-General must
|
section 27(2)
|
Commission in the discharge of its Director
|
Director-General in the discharge of the
Director-General's
Director-General
|
section 27(3)
|
Director
|
Director-General
|
section 29, heading
|
Commission
|
Director-General
|
section 29(1)
|
Commission may, as it
|
Director-General may, as the
Director-General
|
section 29(3)
|
Commission
it
, and shall notify the Minister thereof in
writing
|
Director-General
the Director-General
|
section 41(1)
|
Director
|
Director-General
|
section 41(2)
|
all words from "Director shall enter in" to
"(3)" Director shall enter the
|
Director-General must enter in one of the
registers
Director-General must enter the
|
section 41(3)
|
all words from "deciding" to "shall"
case it
|
registering an operator's licence under subsection
(2), the Director-General must
case the Director-General
|
section 41(4)
|
Director
|
Director-General
|
section 41(4)(a)
|
Commission's
|
Director-General's
|
section 41(4)(b)
|
Commission
|
Director-General
|
section 41(4)(c)
|
appeal under this
Part such appeal
|
review of or appeal against a decision
made
the review or appeal
|
section 41(5)
|
Director
by the Commission
appeal, or further appeal, lies under this
Part
|
Director-General
review or appeal is available under this or any
other Act
|
section 41(6)
|
Commission
(all references) direct the Director to
|
Director-General
|
section 45, heading
|
Director
|
Director-General
|
section 45(1) and (2)
|
Director
|
Director-General
|
section 46, heading
|
Director's
|
Director-General's
|
section 46(1)
|
prescribed
|
approved
|
section 46(1) and (2)
|
Director
|
Director-General
|
section 52(3)(c)
|
Commission
|
Director-General
|
section 52(6)
|
prescribed
Chairperson of the Commission
|
approved
Director-General
|
section 53(1)
|
Chairperson of the Commission
|
Director-General
|
Schedule 7 Tobacco Control Act further amended
section 131
Provision
|
Amendment
|
|
|
omit
|
insert
|
sections 11(4A)(a), 34, 36(1)(a), (2) and (4) to
(6), 37, 38(1), 40(1), 53(1), 54(5), definition relevant officer,
55(1) and (2) and 56(1)(b)
|
Director
(all references) |
Director-General
|
section 29(1)(a), (2) and (3)
|
Director
(all references) |
Director-General
|
section 29(4)
|
Director
with
|
Director-General
within
|
section 35(1)(a), (2) and (3)
|
Director
|
Director-General
|
section 35(5)
|
Director
with
|
Director-General
within
|
section 37, heading
|
Director
|
Director-General
|
section 39(1) and (2)
|
Director
(all references) |
Director-General
|
section 39(1)(b)
|
Director's
|
Director-General's
|
section 55, heading
|
Director
|
Director-General
|
Schedule 8 Totalisator Regulation and Licensing Act further amended
section 144
Provision
|
Amendment
|
|
|
omit
|
insert
|
sections 12(1) to (3), 13(1), 14(1) and (2), 16(1)
and (3), 21, 22(1), 23(1)(a) and (2)(a) and (b), 26(1)(a), (2)(a) and (c), 30(1)
to (4), 38(1) and (2), 39(1) and (3), 41(1) and (2), 43(1), 44(1), 48, 52(2),
53(1) and (4), 81(1)(b) and (c), 112(1) and 126(1) and (2)(a)
|
authority
(all references) |
Director-General
|
Part 2, heading
|
Authority
|
Administration of Act
|
Part 2, Division 1, heading
|
whole heading
|
|
section 6, heading
|
authority
|
Director-General
|
section 6
|
authority are:
|
Director-General under this Act are:
|
section 6(d), before "determine"
|
|
to
|
section 7, heading
|
authority
|
Director-General
|
section 7(1), (3) and (4)
|
authority
(all references) |
Director-General
|
section 7(2)
|
authority may take the actions it
|
Director-General may take the actions the
Director-General
|
section 7(4)
|
its
itself
|
|
Part 2, Division 2, heading
|
whole heading
|
|
section 15(1), (2) and (3)(b)
|
authority
(all references) |
Director-General
|
section 15(1)(a)
|
it
|
the Director-General
|
section 17, heading
|
Authority
|
Director-General
|
section 17(1) and (2)
|
authority
(all references) |
Director-General
|
section 18(1) and (2)(b)
|
the authority
(all references) |
the Director-General
|
section 18(2)
|
authority:
|
Director-General:
|
section 18(3)(b)
|
Commission
|
Organization-INTERPOL
|
section 19(1)
|
authority
(all references) its
|
Director-General
|
section 19(2)
|
authority
it
|
Director-General
the Director-General
|
section 19(3)
|
authority
|
Territory
|
section 20(1) to (5)
|
authority
(all references) |
Director-General
|
section 20(2)
|
its
|
the Director-General's
|
section 20(3)
|
it
|
the Director-General
|
section 27(1) to (4)
|
authority
(all references) |
Director-General
|
section 27(1)(a)
|
its
|
the Director-General's
|
section 29(2)
|
sections 27 and 28A do
|
section 27 does
|
section 31(1) to (5)
|
authority
(all references) |
Director-General
|
section 31(3)
|
it
|
the Director-General
|
section 42(2) to (4)
|
authority
|
Director-General
|
section 42(3)
|
it is
|
|
section 42(4)
|
it
|
the Director-General
|
section 45(4)(b)
|
authority gives its
|
Director-General gives
|
sections 45(4)(c) and (5)(a) and (b) and 46(1) to
(4)
|
authority
|
Director-General
|
section 46(3)
|
its
|
the
|
section 50(1)
|
authority
it
|
Director-General
the Director-General
|
section 50(2)
|
all words from "The" to "inspectors"
|
The Director-General is an inspector
|
section 51(1) and (2)
|
authority
|
Director-General
|
section 51(1)
|
it is
|
|
section 51(2)
|
it
|
the Director-General
|
section 54, heading
|
authority
|
Director-General
|
section 54
|
authority
|
Director-General
|
section 59(2)(e)
|
Director
(all references) |
Director-General
|
section 61
|
authority gives its
|
Director-General gives
|
section 62, heading
|
Director
|
Director-General
|
sections 62, 63, 64, 65(1) and (2), 66(1) and
67
|
Director
(all references) |
Director-General
|
section 71, heading
|
Authority
|
Director-General
|
sections 71(1) and (2) and 72(1)(a) to
(c)
|
authority
(all references) |
Director-General
|
section 72(1)
|
authority may, in writing
|
Director-General may, by written notice
|
section 72(4)
|
authority may, if it
|
Director-General may, if the
Director-General
|
section 75, heading
|
authority
|
Director-General
|
section 75(1) and (2)
|
authority
(all references) |
Director-General
|
section 75(3)(a), at the end
|
|
or
|
section 75(3)(b) to (f)
|
whole paragraph
|
(b) a review of a decision under Part 3 of the
Licensing (Director-General) Act or a review of a reviewable
decision.
|
section 79(1)
|
authority
its
|
Director-General
the Director-General's
|
section 80(1) and (2)
|
authority
|
Director-General
|
section 80(1)
|
it
itself
|
the Director-General
the Director-General
|
section 93, heading
|
infants
|
children
|
section 103(1)
|
authority
|
Director-General
|
section 103(2)
|
Chairperson or Director
(all references) authority's
|
Director-General Director-General's
|
section 127(2)(a) to (d), at the end
|
|
and
|
section 127(2)(b) and (3)(a) and (b)
|
authority
|
Director-General
|
section 127(2)(e) and (f)
|
whole paragraph
|
|
section 145
Provision
|
Amendment
|
|
|
omit
|
insert
|
Associations Act
|
||
section 6(3)(c)(vi)
|
whole subparagraph
|
(vi) the Director-General of Licensing appointed
under section 5 of the Licensing (Director-General) Act; or
|
Court Security Regulations
|
||
regulation 2(2)(b)
|
whole paragraph
|
|
Criminal Records (Spent Convictions)
Regulations
|
||
regulation 3
|
by the Northern Territory Licensing Commission
|
|
Gaming Control (Community Gaming)
Regulations
|
||
regulations 2, definition association,
paragraph (b), 3(1), 14(1) and (2), 16(2), 22(1) and (5), 23(1) and (2),
25(1) and (2), 26(1), (3) and (4), 28, 30(1) to (4), 31(1) and (3), 32(1) and
(2), 34(1) and (2), 36(1)(j) and (2), 37, 39(1)(h) and (2), 40, 42(1) and (4),
43(1), (2), (3)(c) and (4), 44(1)(a) and (c) to (e) and (2), 45(1) and (2) and
47(1), (3) and (6)
|
Director
(all references) |
Director-General
|
regulation 9(2)
|
Director
|
Director-General
|
regulation 9(3)
|
Director's
|
Director-General's
|
regulation 29(2) and (3)
|
Director
|
Director-General
|
regulation 29(2)(b)
|
Director's
|
Director-General's
|
regulation 28, heading
|
Director
|
Director-General
|
regulation 46(1), (2), (3) and (5)
|
Director
|
Director-General
|
regulation 46(5)
|
Director's
|
Director-General's
|
Gaming Control (Gaming Machines)
Regulations
|
||
regulations 2, definition non-commercial
gaming machine, 3(1) and (2)(b), 4(1), (4), (5) and (6)(a) and (b) and
6(6)
|
Director
(all references) |
Director-General
|
regulation 6(6)
|
Director's
|
Director-General's
|
regulation 8(d)
|
, the Commission or the Director
|
or the Director-General
|
Gaming Control (Internet Gaming)
Regulations
|
||
regulation 2, definition
approved
|
whole definition
|
|
regulations 2, definition approved computer
system, 3, 4(1) to (5), 5(2), 8(1), 9(1)(a) and (b) and (2), 10(1) to
(7), 11(1), 12(1)(d) and (2), 13(3), 14(1), (2)(b) and (g) and (5) to (7),
15(1), (3) and (4), 16(1) to (5), 17(1), (2), (4), (5)(c), (6) to (8) and
(9)(c), 18(1) and (2), 19(1)(b), (2) and (3), 21(1) to (5), 23(2), (4) and (5),
24(1), (2)(b), (3) and (5), 25(1) and (3), 26(1) and (2), 27, 29(1) and (2), 30,
31(1), 32(1), (2)(a) and (b), 33(1) and (2), 34(1), 37(1), (2), (4) and (6), 39,
41(1)(b), 42(1), 43(1) and (2), 48(1), 49(2), 50(5), 58(2)(b), 59(4)(b),
60(4)(d) and (5), 62(2)(d), 63(2)(b) and (3) to (5), 66(1)(b) and (2) and
67(2)(a) and (3)
|
Director
(all references) |
Director-General
|
regulations 4(4), 10(5), 17(8), 21(4)(d), 43(3) and
69
|
Director's
|
Director-General's
|
regulations 8 and 27, heading
|
Director
|
Director-General
|
Gaming Control (Licensing)
Regulations
|
||
regulations 4(1), (2)(b) and (g), (3) and (4), 5(1)
and (3), 6(1) to (4), 7(1), (2), (3)(b), (5), (6) and (7)(c), 8(1) to (4), 9(3)
and (4), 10(1) and (3), 11(1), (2)(b), (3) and (4), 12(1) to (4), 13(1) to (5),
14(1) and (2) and 15
|
Director
(all references) |
Director-General
|
Gaming Machine
Regulations
|
||
regulation 3A(1) and (2)
|
Commission
|
Director-General
|
regulations 6(a), 6E(1), (2)(b) and (3), 8(b),
12(1)(a), 12A(2), 14(1) and (3), 15(4), 18A, 20(1)(b), (2) and (3), 22(b), 24,
24A(1) and (2), 26(2), 27(1) and (3)(b), 28(1) and (2)(b)(i), 32A, 37(2)(a),
38(1) to (3), 39(1A), (2), (3)(b) and (6), Schedule 1, clauses 4 and
12, Schedule 3, clauses 3 to 5 and 8(a) and (b) and Schedule 6,
clauses 1 and 8
|
Director
(all references) |
Director-General
|
Part 7, heading
|
Director
|
Director-General
|
Gaming Machine Rules
|
||
rule 5
|
Director
|
Director-General
|
Kava Management
Regulations
|
||
regulation 3, definition Code of Kava
Management
|
whole definition
|
|
regulations 6, 7(2), 9(1), 11(1) and
12(2)(a)
|
Commission
(all references) |
Director-General
|
regulation 6(h)
|
whole paragraph
|
|
regulation 8
|
whole regulation
|
|
regulation 10(1)
|
a form that the Commission has approved
|
the approved form
|
regulation 10(2)(a)
|
Director a return, in a form approved by the
Commission
|
Director-General a return, in the approved form
|
Liquor Regulations
|
||
regulation 4(1) to (1B)
|
Commission
|
Director-General
|
regulation 4(1B)
|
it
|
the Director-General
|
regulation 6, definition Director infringement
offence
|
Director
|
Director-General
|
regulation 6, definition infringement
offence
|
Director
|
Director-General
|
regulation 7(2)
|
Director
|
Director-General
|
regulations 7(3)(b), 7A(2) and 10(2)
|
Director
(all references) |
Director-General
|
Schedule 2, Part 2, heading
|
Director
|
Director-General
|
Schedule 2, Part 2, items for section 53(1) and
section 54(1)
|
whole item
|
|
Schedule 2, Part 2
|
|
(in numerical order)
section 120ZE(2) 4
|
Private Security (Crowd Controllers)
Regulations
|
||
regulation 3(a)
|
210,
239
|
243(1)
|
regulations 6(b), 8(b) and 10(2)
|
licensing authority
|
Director-General
|
Private Security (Miscellaneous Matters)
Regulations
|
||
Part 2
|
whole Part
|
|
regulation 4
|
Schedule 1
|
Schedule 2
|
regulation 7
|
licensing authority
|
Director-General
|
Schedule 1
|
whole Schedule
|
|
Private Security (Security Firms) Regulations
|
||
regulation 2(a)
|
210,
239
|
243(1)
|
regulation 3
|
whole regulation
|
|
regulation 6(2), (3) and (5)(b)
|
licensing authority
|
Director-General
|
Schedule
|
whole Schedule
|
|
Private Security (Security Officers)
Regulations
|
||
regulation 2(a)
|
210,
239
|
243(1)
|
regulations 5(b) and 7(2)
|
licensing authority
|
Director-General
|
Prostitution Regulations
|
||
Schedule 1, items for sections 36(1) and
36(5)(b)
|
whole item
|
|
Schedule 2,
heading,
after "Schedule 2" |
|
Forms
|
Schedule 2, Form 13, Note (5)
|
whole note
|
(5) If any of the details you have provided change
between the date you lodge this application and the date on which the
Director-General of Licensing determines your application, you must advise the
Director-General of those changes.
|
Schedule 2, Form 13, Note (7)
|
all words from "Commission you" to "determination
of"
|
Director-General you will be investigated by the
Northern Territory Police Force to assist the Director-General in
determining
|
Schedule 2, Form 14, Note (6)
|
whole note
|
(6) If any of the details you have provided change
between the date you lodge this application and the date on which the
Director-General of Licensing determines your application, you must advise the
Director-General of those changes.
|
Schedule 2, Form 14, Note (8)
|
all words from "Commission you" to "determination
of"
|
Director-General you will be investigated by the
Northern Territory Police Force to assist the Director-General in
determining
|
Schedule 2, Form 15
|
Director of the Northern Territory Licensing
Commission
|
Director-General of Licensing
|
Schedule 2, Forms 17 and 18
|
whole form
|
|
Tobacco Control
Regulations
|
||
regulations 8, 8A(1)(b), 15C(1), (2), (3)(a), (4) to
(6) and (8), 25A(2)(a) and Schedule, item for section 37
|
Director
(all references) |
Director-General
|
Totalisator Licensing and Regulation
Regulations
|
||
regulation 4, heading
|
authority
|
Director-General
|
regulation 5(d)
|
the authority
|
the Director-General
|
regulation 8
|
The authority
|
The Director-General
|
regulation 8(d)
|
all words from "(whether" to "writing)"
|
in any way considered appropriate by the
Director-General
|
Totalisator Licensing and Regulation
(Arbitration) Regulations
|
||
regulations 2, definition party, 3(1)
and (2), 7(2) and 14(c)
|
authority
(all references) |
Director-General
|
Totalisator Licensing and Regulation
(Wagering) Rules
|
||
rule 2(4)(b)
|
authority
|
Director-General
|
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