Northern Territory Consolidated Acts

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MISUSE OF DRUGS ACT 1990 - SECT 11A

Definitions

In this Division:

"commercial premises" means any land (other than Crown land) on which are situated premises that are not residential premises or liquor licence premises, but does not include premises that are:

        (a)     used for the purposes of a statutory corporation or a hospital, school or educational facility; or

        (b)     excluded from this definition by the Regulations.

"court" means the Local Court.

"drug premises" means premises in relation to which a drug premises order is in force.

"drug premises order" means an order made under section 11K or 11L.

landlord :

        (a)     in relation to residential premises to which the Residential Tenancies Act 1999 applies – has the same meaning as in the Residential Tenancies Act 1999 ; and

        (b)     in relation to commercial premises or liquor license premises – has the same meaning as in Part 13 of the Business Tenancies (Fair Dealings) Act 2003 ,

and includes a person who is a landlord under section 88A(2) of the Residential Tenancies Act 1999 .

"licensee", see section 4(1) of the Liquor Act 2019 .

"liquor licence premises" means:

        (a)     premises that are licensed under the Liquor Act 2019 and operating under an authority prescribed by regulation; and

        (b)     any carpark adjoining those premises that is owned or leased by an owner, landlord or tenant of the premises.

"resident", in relation to residential premises, means:

        (a)     a person who is a tenant in respect of the premises; or

        (b)     a person who resides on the premises, whether or not intermittently, under a licence or with the permission of a tenant of the premises or another resident of the premises.

"residential premises" means premises intended or used for occupation as a place of residence and includes the following:

        (a)     a house, a unit within the meaning of the Unit Titles Act s 1975 , a flat or apartment, or a number of units, flats or apartments, on the one lot, that is used or each of which is used for residence and any garden areas to which a resident of any such house, unit, flat or apartment has access;

        (b)     a caravan or mobile home intended for occupation as a place of residence;

        (c)     a houseboat or vessel intended for occupation as a place of residence;

        (d)     residential premises that are owned or leased under the Housing Act 1982 ;

        (e)     premises intended or used for occupation as a place of residence that form part of premises that are not used or intended to be used as residential premises;

        (f)     residential premises specified in section 6 of the Residential Tenancies Act 1999 as premises to which that Act does not apply and residential premises exempted from the application of that Act by regulations made under that Act;

        (g)     a carpark adjoining residential premises that is owned or leased by an owner, landlord or tenant of the premises.

tenant :

        (a)     in relation to residential premises – has the same meaning as in the Residential Tenancies Act 1999 ; and

        (ab)     in relation to an occupancy under a caravan park agreement as defined in the Caravan Parks Act 2012 – means a resident as defined in that Act; and

        (b)     in relation to commercial premises or liquor licence premises – has the same meaning as in Part 13 of the Business Tenancies (Fair Dealings) Act 2003 ,

and includes a person who is a tenant under section 88A(2) of the Residential Tenancies Act 1999 .



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