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LIQUOR LEGISLATION AMENDMENT BILL 2008

Serial 134
Liquor Legislation Amendment Bill 2008
Dr Burns

A Bill for an Act to amend the Liquor Act and Liquor Regulations, and for other purposes

NORTHERN TERRITORY OF AUSTRALIA

LIQUOR LEGISLATION AMENDMENT ACT 2008

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Act No. [ ] of 2008

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TABLE OF PROVISIONS

31A Conditions about identification system

Part 2A Licence conditions

5A Conditions about identification system

NORTHERN TERRITORY OF AUSTRALIA

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Act No. [ ] of 2008

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An Act to amend the Liquor Act and Liquor Regulations, and for other purposes

[Assented to [ ] 2008]

[Second reading [ ] 2008]

The Legislative Assembly of the Northern Territory enacts as follows:

Part 1 Preliminary matters
1 Short title

This Act may be cited as the Liquor Legislation Amendment Act 2008.

2 Commencement

(1) This Act, other than section 5, commences on the date fixed by the Administrator by Gazette notice.

(2) Section 5 is taken to have commenced at the commencement of the Liquor Amendment Regulations 2007.

Part 2 Amendment of Liquor Act
3 Act amended

This Part amends the Liquor Act.

4 New section 31A

After section 31

insert

31A Conditions about identification system

(1) This section applies to a sale of liquor to an individual under a licence prescribed by regulation.

(2) The Minister may establish an identification system for determining whether the individual is subject to a prohibition covered by any of the following provisions:

(a) a prohibition order or alcohol intervention order under the Alcohol Court Act;

(b) a bail condition as defined in the Bail Act (otherwise than for a bail granted under Part III of the Act) relating to liquor;

(c) a condition of a court order under the Domestic Violence Act or the Domestic and Family Violence Act relating to liquor;

(d) a provision under a law in force in the Territory prescribed by regulation.

(3) For subsection (2), a scanner must be given to the licence holder:

(a) to enable a person who may sell liquor under the licence (the authorised seller) to scan an identification of the individual; and

(b) to indicate to the seller whether the individual is prohibited from buying liquor or liquor of a particular kind or quantity.

(4) The identification must be one of the following (an approved identification):

(a) the individual's passport;

(b) the individual's driver licence;

(c) any other identification approved by the Director.

(5) Each of the following requirements is a condition of the licence:

(a) the authorised seller must not sell liquor to an individual without scanning an approved identification of the individual with the scanner;

(b) the authorised seller must not sell liquor to an individual contrary to a prohibition mentioned in subsection (2) indicated in the scanner;

(c) except for this Act or another law in force in the Territory, the authorised seller must not disclose or use any information indicated in the scanner;

(d) the authorised seller must not damage or tamper with the scanner or any other component of the system;

(e) any requirement about maintaining the system specified by the Director in writing;

(f) any other requirement specified by regulation for the system.

(6) A person must not contravene a requirement in subsection (5).

Maximum penalty: 20 penalty units.

(7) It is a defence to a prosecution for the offence if the defendant has a reasonable excuse.

Example

A reasonable excuse for a contravention of the requirement in subsection (5)(a) or (b) may be based on a failure of the system to operate properly for reason other than the defendant's conduct.

(8) The Director may, by Gazette notice, exempt a licence from a requirement in subsection (5) for a specified period.

Part 3 Liquor Regulations
5 Effect of Liquor Amendment Regulations 2007

The Liquor Amendment Regulations 2007 (Subordinate Legislation No. 41 of 2007) are taken to have amended the Liquor Regulations.

6 Amendment of Liquor Regulations

(1) This section amends the Liquor Regulations.

(2) Regulation 3, definition infringement offence, before "75(1B)"

insert

31A(6),

(3) After Part 2

insert

Part 2A Licence conditions

5A Conditions about identification system

Section 31A(1) of the Act applies to a sale of liquor for consumption away from licensed premises under a licence having any of the following licence numbers:

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