Northern Territory Consolidated Acts

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SUMMARY OFFENCES ACT 1923 - SECT 53D

Noise abatement orders

    (1)     Where a person occupying premises makes a complaint to a justice of the peace alleging that his occupation of those premises is affected by undue noise, the justice of the peace may issue a summons for the appearance before the Local Court of the person who is:

        (a)     alleged to be making or causing or permitting the noise to be made; or

        (b)     the occupier or person apparently in charge of the premises or part of the premises from which the noise is alleged to be emitted.

    (2)     If the Court is satisfied that an alleged undue noise exists, or that although abated it is likely to recur on the same premises or part of the premises, the Court may, where it finds that such noise is not justified in the circumstances, make an order directing the person summoned under subsection (1) to stop or abate the noise or to confine the making of the noise to within such hours as the Court may fix and the Court may, in making the order, impose such other conditions as it thinks fit.

    (3)     A person shall not contravene or fail to comply with an order made under subsection (2).

Penalty:     $2,000.

    (4)     Where:

        (a)     a direction has been given under section 53A or 53B; and

        (b)     a member is satisfied that another person requires the name and address of the person to whom the direction was given for the purposes of making a complaint under subsection (1) in respect of that person or instituting any civil suit or proceeding in respect of the noise the subject of the direction,

the member may provide the other person with the name and address of the person to whom the direction was given.

    (5)     Where the Court makes an order under subsection (2), the Court may order the defendant to pay to the complainant such costs as it thinks fit.

    (6)     Where the Court refuses to make an order under subsection (2), the Court shall not award costs against the complainant unless the Court is satisfied that the complaint made was vexatious or unreasonable.



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