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Serial No. 102
Legislative Assembly of the
Northern Territory
Minister for Business
EXPLANATORY STATEMENT
This Bill repeals the Northern Territory Licensing Commission Act, and will create the position of Director-General of Licensing. The Authority will be vested with the similar powers and functions that have been vested with the Northern Territory Licensing Commission, and Director and Deputy Director positions under the repealed Act.
NOTES ON CLAUSES
Part 1 Preliminary matters
Clause 1. Short title
This is a formal clause which provides for the citation of the Bill. The Bill when passed will be cited as the Licensing (Director-General) Act 2014.
Clause 2. Commencement
This clause provides for the commencement of the Act.
Clause 3. Definitions
This clause provides the definitions for the purposes of the Act.
Clause 4. Application of Criminal Code
This clause provides for the application of the Criminal Code.
Part 2 Director-General of Licensing
Clause 5. Office of Director-General of Licensing
This clause provides for the appointment of the Director-General of Licensing.
Clause 6. Powers and functions
This clause provides for the powers and functions of the Director-General.
Clause 7. Delegation
This clause establishes the Director-General’s power to delegate.
Part 3 Review of delegate decisions
Clause 8. Meaning of delegate decision
The clause provides the definition of delegate decision.
Clause 9. Meaning of affected person
This clause provides the definition of affected person.
Clause 10. Notice of delegate decision
This clause provides for the provision of a notice relating to a delegate decision.
Clause 11. Application for review
This clause provides the process for applying for review of a delegate decision.
Clause 12. Effect of application on delegate decision
This clause provides for the effect on an internal review application on the original decision.
Clause 13. Director-General to consider application
This clause provides for the consideration of an application for internal review.
Clause 14. Conducting and deciding review
This clause provides for the review and decision on an internal review application.
Clause 15. Notice of decision on review
This clause provides for when a notice of decision on an internal review application is to be provided.
Clause 16. Inconsistency with another Act
This clause provides for the application of Part 3 with any inconsistency.
Part 4 Miscellaneous matters
Clause 17. Confidentiality of information
This is a standard clause that makes it an offence for a person to breach confidentiality. The maximum penalty is 200 penalty units or imprisonment for two years.
Clause 18. Protection from liability
This clause provides that no liability will attach to a person for compliance, or purported compliance, in good faith, in the exercise of a power or performance of a function under this or another Act.
Clause 19. Annual report
This clause is a standard provision requiring the Director-General to prepare and give to the Minister an annual report within three months after the end of the financial year. The clause specifies the minimum information that must be included in the report. This report will be tabled in the Legislative Assembly by the Minister within six sitting days after the Minister receives the report.
Clause 20. Approved forms
This clause provides that the Director-General may approve forms required under the Act.
Clause 21. Regulations
This is a standard clause allowing the Administrator to make regulations under the Act.
Part 5 Repeals and transitional matters
Clause 22. Repeals
This clause repeals the Northern Territory Licensing Commission Act 1999 and the Northern Territory Licensing Commission Amendment Act 2001. This section also inserts Division 2 which provides transitional matters for the Licensing (Director-General) Act 2014.
Clause 23. Definitions
This clause provides definitions to support the transitional matters.
Clause 24. Annual report
This clause provides for the transitional approach to the annual report.
Clause 25. Transitional regulations
This clause allows regulations to be made to provide for matters of a transitional nature.