Northern Territory Explanatory Statements

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LIQUOR LEGISLATION AMENDMENT BILL 2010

Sub-clause (2) inserts definitions of terms that are used in new sections of the Act. The main definitions are:

accord area – this is an area of land for which the Director of Licensing has under section 120D approved an accord between various industry members (eg licensees) and others (eg police) under which the industry members have agreed, for the purpose of reducing alcohol related violence, to certain matters that might, but for the accord having status under this Act, be in breach of the Trade Practices Act 1974

banned person – this is a person banned under section 120J by a police officer from being in a designated area

designated area- this is an area of land declared under
section 120F by the Minister administering the Liquor Act on the basis of being an area where alcohol-related violence has occurred and for which it is considered that the making of banning orders and exclusion orders may prevent or reduce such violence

excluded person- this is a person excluded by a court under section 120S, after a person has been found guilty of a specified offence committed in a designated area, from being in a designated area or in licensed premises

specified offence – this is an offence for which a person may:

The offences are as listed in the definition plus such other offences as may be prescribed by Regulation. The specified offences are offences often associated with alcohol – such as assaults, carrying weapons and indecent behaviour. They are:

Sub-clauses (1), (3) and (4) provide for statute law revision amendments.

106BB Misrepresentation of minor’s age.

Sub-clause (1) makes it an offence to make or deal with a false identification knowing it will be used for the purpose of a person under 18 years entering or remaining on licensed premises.

Sub-clause (2)(a) makes it an offence for a person to falsely claim to be over 18 in order to obtain a false identification for the purpose of obtaining entry for themselves or some other person to licensed premises.

Sub-clause (3) defines what “deal with” and “purpose contrary to this Act” mean as used in sub-clauses (1) and (2).

The maximum penalty for breach is $1000 and/or imprisonment for six months for a first offence or $2000 and/or 12 months imprisonment for a second or subsequent offence (section 124 of the Liquor Act).

106BC Wrongful dealing with genuine form of written identification

Sub-clause (1) makes it an offence for a person to give someone else their identification for the purpose of a person under 18 years:

An example would be a 19 year old lending her driver’s licence to her 17 year old sister, or the 19 year old lending her 17 year old sister her birth certificate in order for the
17 year old to obtain a driver’s licence with the
17 year old’s photograph but incorrect date of birth, in order for the 17 year old to gain entry to a nightclub.

Sub-clause (2) makes it an offence for a person to alter a form of identification so as to misrepresent age of a person under 18 years, for the purpose of entering licensed premises.

An example would be a 17 year old marking or damaging their driver’s licence so as to disguise their true year of birth (making it appear they are at least 18 years old).

The maximum penalty for breach is $1000 and/or imprisonment for six months for a first offence or $2000 and/or 12 months imprisonment for a second or subsequent offence (section 124 of the Liquor Act).

Sub-clause (3) defines what “purpose contrary to this Act” means in sub-clauses (1) and (2).


106BD Seizure of document wrongly used as form of identification

Sub-clauses (1), (2), (3) and (4), when read together, mean that a person checking “proof of age” at licensed premises must seize a suspected “fake” identification, tell the person that the identification will be given to the Director of Licensing appointed under the
Northern Territory Licensing Commission Act, and give the identification to the Director within 72 hours.

Sub-clause (5) provides that a failure to comply with the requirement to give the identification to the Director in accordance with section 106BD does not invalidate the seizure.

Sub-clause (6) provides a mechanism for the Director to return seized identifications that turn out not to be “fake”.

Part XA LOCAL LIQUOR ACCORDS

Part XA provides for the Director of Licensing under the Northern Territory Licensing Commission Act to approve liquor accords. Liquor accords are agreements between persons interested in the supply or sale of liquor
(such as licensees, the Director, the Commissioner of Police, a local council, business groups, community groups and anyone prescribed by regulation) to take steps to reduce alcohol related violence, anti-social behaviour or alcohol related harm.

Such agreements, when approved by the Director, will not breach the anti-competitive behaviour provisions of the Trade Practices Act 1974 (Cth). See section 51 of
that Act.

120A Definitions

Definitions of terms used new Part XA are inserted. The main terms are:

accord area- see explained for clause 4

alcohol-related violence- see explained for clause 4


120B Particular parties may prepare draft local liquor accord

This clause sets out who can be a party to an accord (Director of Licensing, Police, a local council, business groups, community groups and anyone prescribed by regulation) and what details (names of parties, name and address of coordinator, proposed area and other matters prescribed by regulation) must be included in an accord.

120C Terms of local liquor accord

This clause sets out what may be provided for in a liquor accord. Accords may cover hours of service, restrictions on access, use of glass containers, maintenance of an incident register, use of closed-circuit television, charging of specified prices and other matters permitted by regulation.

Sub-clauses (2), (3) and (4), when read together, provide “authorisation” of behaviour done for the purposes of an accord that would otherwise breach the
Trade Practices Act 1974 (Cth). This “authorisation” is permitted under section 51 of that Act. But for such an authorisation some of the types of proposed agreements would be illegal. Similar provisions are contained in section 134 of the Liquor Act 2007 (NSW).

120D Approval, variation and termination of local liquor accord

A liquor accord comes into effect when approved by the Director of Licensing, and will apply in an area to be determined by the Director. The Director must have regard to the area proposed by the parties.

The accord can be varied, including by adding or removing parties, and an accord can be terminated by the Director under sub-clause (6). Termination may occur following the parties giving notice to the Director under sub-clause (5). However, the Director may also terminate an accord if no notice has been given.

Part XAB BANNING NOTICES AND EXCLUSION ORDERS

Part XAB provides a mechanism for declaration by the Minister of “designated areas” in the vicinity of licensed premises. Within these areas, the Police will be able to ban or exclude persons from either licensed premises, or the entire area, for up to 48 hours. The Court will be able to ban or exclude persons from licensed premises in the area, or the entire area, for up to one year.

These provisions are intended to provide a means of reducing or preventing the occurrence of alcohol-related violence or disorder in the area.


Division 1 Definitions

120E Definitions

Definitions of terms used in this Part are inserted. The main ones are:

banned person – see explained for clause 4

designated area- see explained for clause 4

excluded person- see explained for clause 4

Division 2 Designated areas

120F Declaration of a designated area

The Minister may, by Gazette notice, declare an area to be a “designated area”. This may be done if the Minister believes on reasonable grounds that there has been alcohol related violence or disorder in the area, and that the ability to ban persons from licensed premises in the area or from the entire area itself (for a short time by Police, or up to a year by the Court) is reasonably likely to reduce or prevent such behaviour.

The Minister may consult with the Commissioner of Police and others before making such a declaration.

120G Court proceedings regarding declaration of a designated area

If a declaration of a designated area is challenged in Court, the Court must not (other than in exceptional circumstances) delay the operation of the declaration.

Action taken in accordance with a declaration will be valid even if a Court ultimately finds the declaration to be invalid.

120H Variation and revocation of declaration of a designated area

The Minister can vary or revoke a declaration at any time.

The Minister must revoke the declaration if the Minister believes the grounds for making the declaration no longer exist.

Division 3 Banning notices

120J Police officer may give banning notice

Sub-clauses (1) to (3), when read together, mean that a police officer can ban a person from licensed premises in a designated area, or the area itself, for up to 48 hours, if the police officer has a reasonable belief that the person has committed a specified offence in the designated area and that their continued presence may lead to alcohol related violence or disorder in the area.

Sub-clause (4) sets out the matters the police officer is to consider before issuing a banning notice.

Sub-clause (5) provides that a police officer must, if not in uniform, produce identification before giving a banning notice.

Sub-clause (6) provides that a banning order does not prevent a person banned from licensed premises or designated area from entering those premises if they work or live in the licensed premises or in the designated area.

Sub-clause (7) provides that there can only be one banning order in respect of any particular offence but
sub-clause (8) provides for the issuing of multiple banning notices in relation to different offences.

The maximum penalty for breach is $1000 and/or imprisonment for six months for a first offence or $2000 and/or 12 months imprisonment for a second or subsequent offence (section 124 of the Liquor Act).


120K Particulars to be included in banning notice

This clause sets out what must be set out in a banning notice. The requirements include:

120L Requirements before giving banning notice

A person must provide their correct name and address to a police officer, in response to a police officer’s request and stated intention to issue a banning notice.

A police officer must provide their name, rank and place of duty on request.

A police officer may require a person to produce evidence of their name and address.

A person does not commit an offence under this section if the police officer has failed to notify the person that failure to comply is an offence.

The maximum penalty for breach is $1000 and/or imprisonment for six months for a first offence or $2000 and/or 12 months imprisonment for a second or subsequent offence (section 124 of the Liquor Act).

Sub-clause (8) provides that a failure of a police officer to comply with this section does not constitute an offence (as would, but for this sub-clause, be the case because of section 124 of the Liquor Act). However, such a failure may be a breach of discipline for the purposes of section 76 of the Police Administration Act.

120M Variation or revocation of banning notice by police officer

A police officer can, in writing, vary a banning notice, but not so as to extend the period for which it applies.

120N Contravention of banning notice

It is an offence not to comply with a banning notice.

The maximum penalty for breach is $1000 and/or imprisonment for six months for a first offence or $2000 and/or 12 months imprisonment for a second or subsequent offence (section 124 of the Liquor Act).

Clause 9 (amendment to section 124AA of the Liquor Act) provides for this offence to be classified as a regulatory offence for the purposes of the Criminal Code. The main defences for any allegation of breach of this section are set out in section 124AA as amended by clause 9 of
this Bill.

120P Direction to banned person to leave designated area or licensed premises

A police officer, having given proof of identify and official status (unless in uniform) may direct a person to whom a banning notice applies, to leave licensed premises or a designated area if the person is in contravention of the notice. The person must comply with the direction.

The maximum penalty for breach is $1000 and/or imprisonment for six months for a first offence or $2000 and/or 12 months imprisonment for a second or subsequent offence (section 124 of the Liquor Act).

120Q Use reasonable force to remove person

A police officer may use reasonable force to remove a person who is on licensed premises or in a designated area in contravention of a banning notice.

120R Revocation of a banning notice by the Commissioner of Police

A person may request the Commissioner of Police to revoke a banning order. The Commissioner must consider the request (noting that under the Police Administration Act, section 14, the Commissioner may delegate this kind of power or function).

Division 4 Exclusion orders

120S Making of exclusion order

Sub-clauses (1) to (2), when read together, mean that a Court may, if a person is found guilty of a specified offence, ban a person from licensed premises in a designated area, or the area itself, for up to one year. The Court may do this if the magistrate or judge is satisfied the exclusion order may be a means of preventing the commission by the offender of further specified offences in the area.

The exclusion order can be for all times or for specified times, and can have other conditions.

Sub-clause (3) provides that the Court, on the application of the Commissioner of Police, may make an exclusion order for a person if, on three or more occasions in the previous 12 months, the person has been given, for activities in a designated area:

Thus, if a person has two such infringement notices and one banning notice, the Commissioner may make an application.

This provision has limited retrospective operation. That is, infringement notices given prior to commencement of the legislation do not count for the purpose of counting infringement notices under this section. However, one of the factors the Court may take into is that of offences committed prior to the designated area becoming a designated area (new section 120S(7)(b)).

Sub-clause (7) sets out matters the Court must take into account when considering making an exclusion order.

120T Contravention of exclusion order

It is an offence not to comply with an exclusion order.

The maximum penalty for breach is $1000 and/or imprisonment for six months for a first offence or $2000 and/or 12 months imprisonment for a second or subsequent offence (section 124 of the Liquor Act).

Clause 9 (amendment to section 124AA of the Liquor Act) provides for this offence to be classified as a regulatory offence for the purposes of the Criminal Code. The main defences for any allegation of breach of this section are set out in section 124AA as amended by clause 9 of this Bill.

120U Direction to leave designated area or licensed premises

A police officer, having given proof of identify and official status (unless in uniform) may direct a person to whom an exclusion notice applies, to leave licensed premises or a designated area if the person is in contravention of the order.

The person must comply with the direction.

The maximum penalty for breach is $1000 and/or imprisonment for six months for a first offence or $2000 and/or 12 months imprisonment for a second or subsequent offence (section 124 of the Liquor Act).

Sub-clause (6) provides that a failure of a police officer to comply with this section does not constitute an offence (as would, but for this sub-clause, be the case because of section 124 of the Liquor Act). However, such a failure may be a breach of discipline for the purposes of section 76 of the Police Administration Act.


120V Use reasonable force to remove excluded person

A police officer may use reasonable force to remove a person who is on licensed premises or in a designated area in contravention of an exclusion.

120W Variation of exclusion order

A court may, on application, vary an exclusion order.

Such an application can be made by the person, the Director of Public Prosecutions or a police officer.

Division 5 General

120X Disclosure of information for enforcement purposes

The Director of Licensing or a police officer may disclose information regarding a banning notice or an exclusion order, to a licensee or an employee or a licensee.

120Y Offence to permit contravention of banning notice or exclusion order

It is an offence for a licensee, an employee or an agent of a licensee, to knowingly permit a banned or excluded person to enter licensed premises in contravention of the notice or order.

The maximum penalty for breach is $1000 and/or imprisonment for six months for a first offence or $2000 and/or 12 months imprisonment for a second or subsequent offence (section 124 of the Liquor Act).


120Z Annual report by Commissioner of Police

The Commissioner of Police must report annually to the Minister for Police on the operation of banning notices and exclusion orders. A copy of the report is to be tabled in the Legislative Assembly.

The information that is to be provided in the report is set out in sub-clause (1)(a) and (b).

Sub-clauses (1) and (2) provide a police officer with the power to exclude from licensed premises a person who is intoxicated, violent, quarrelsome, disorderly, or incapable of controlling their behaviour, without having to be requested to do so by a licensee.

Sub-clauses (3) - (5) are statute law revision amendments.

Sub-clause (6) makes it clear that a person can be excluded from licensed premises under section 121, even if they are a member of the incorporated association that holds the licence.

121A Returning to licensed premises after request to leave etc.

New section 121A makes it an offence to return to licensed premises after having been removed or excluded under section 121.

The maximum penalty for breach is $1000 and/or imprisonment for six months for a first offence or $2000 and/or 12 months imprisonment for a second or subsequent offence (section 124 of the Liquor Act).

Sub-clause (1) adds sections 120N and 120T into the list of offences that are regulatory offences for the purposes of the application of the Criminal Code (sections 3 and 22). See section 17 of the Interpretation Act for the definition of “regulatory offence”).

Section 124AA(3) provides that it is a defence for a person who may be charged under section 75(1) with possessing, controlling, consuming or selling liquor in a general restricted area, if it was done under a liquor licence.

Section 124AA (4) provides defences of honest and mistaken belief or a circumstances beyond the control of the defendant for allegations of breaches of section 120N and 120T.

Regulation 3 is amended so as to include additional offences for which an infringement notice may be issued. These are section 121(2) (failure to leave licensed premises when requested to do so) and section 121A (returning to licensed premises after being removed or excluded under section 121).

Regulation 7 is amended so that the value of an infringement penalty is one penalty unit (currently $130).

A number of minor or statute law revision amendments are set out in the schedule. These include correction of inconsistent references to “police officer” and “member of the police force”, and insertion of connecting words such as “and” or “or” where necessary.

Once all of the provisions of the Act have commenced, the Act will be spent, and it will expire the day after this occurs.

The schedule contains minor or statute law revision amendments provided for in Part 4.

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