Northern Territory Numbered Acts Northern Territory Numbered ActsPart VII
repeal, insert
(1) The object of this Part is to create mechanisms for the enforcement of the requirements of this Act that are imposed on a licensee.
(2) The object is to be achieved by empowering:
(a) the Director to:
(i) deal with a complaint against a licensee; and
(ii) enter into an enforceable undertaking with a licensee; and
(b) the Commission to take disciplinary action against a licensee.
(1) This Part applies in relation to a special licence in the same way as it applies to a licence.
(2) This Part also applies in relation to a licence or special licence that has ceased to be in force if:
(a) a complaint, or an application for disciplinary action, is made in relation to the licence or special licence within 6 months after the occurrence of a matter that forms a ground for the complaint or disciplinary action; and
(b) the matter occurred while the licence or special licence was in force.
(3) For subsection (2), a reference to a licensee in this Part includes a reference to the person holding a licence or special licence when the matter mentioned in that subsection occurred.
(1) A complaint is a complaint made against a licensee under section 68.
(2) "Disciplinary action" means any of the following actions against a licensee:
(a) giving a formal warning to the licensee;
(b) varying the conditions of the licensee's licence or imposing additional conditions for the licence;
(c) suspending the licence;
(d) cancelling the licence;
(e) imposing a monetary penalty on the licensee;
(f) directing the licensee to take, or refrain from, a specified action;
(g) disqualifying the licensee from holding a licence for a specified period.
(3) Any of the following is a ground for a complaint or disciplinary action against a licensee:
(a) the licensee has contravened a provision of this Act (whether or not the provision creates an offence);
(b) the licensee has contravened another law in force in the Territory that regulates:
(i) the sale, supply or consumption of liquor; or
(ii) the location, construction or facilities of licensed premises;
(c) the licensee has contravened a licence condition;
(d) the licensee, or if the licensee is a body corporate, a director of the body corporate, has been found guilty by a court of an offence against a law in force in the Territory that is punishable by imprisonment for 5 years or more ;
(e) the licensee has contravened a provision of an enforceable undertaking;
(f) the licensee has contravened a direction by the Commission given to the licensee as disciplinary action;
(g) the licensee's licensed premises are no longer being used:
(i) for the sale or supply of liquor; or
(ii) consistently with the business of the licence;
(h) the licensee is not a fit and proper person to hold the licence;
(i) the manager of the licensed premises is not a fit and proper person to be the manager and the licensee should reasonably have known that to be the case;
(j) an employee of the licensee is not a fit and proper person to be an employee of the licensee and the licensee should reasonably have known that to be the case;
(k) the licensee obtained the licence by fraud or misrepresentation;
(l) the licensee holds the licence for the benefit (wholly or partly) of a person to whom the Commission would not have granted the licence;
(m) the way in which the licensed premises has been used:
(i) has caused annoyance or disturbance to persons residing, working or conducting a business in the neighbourhood of the premises; or
(ii) has caused disorderly conduct on the premises or in the neighbourhood of the premises;
(n) the licensee is otherwise no longer eligible to hold the licence.
(1) A person may make a complaint against a licensee.
(2) The complaint must:
(a) specify the ground for the complaint in the form approved by the Director; and
(b) be signed by the complainant; and
(c) be lodged with the Director.
(3) The Director must, as soon as practicable after receiving the complaint, by notice to the complainant:
(a) accept the complaint; or
(b) refuse to deal with the complaint if the Director is satisfied it is frivolous or vexatious.
(4) If the Director accepts the complaint, the Director must:
(a) inform the licensee about the substance of the complaint; and
(b) give the licensee a reasonable opportunity to comment on the complaint; and
(c) conduct an investigation of the complaint as the Director considers appropriate.
(5) On completing the investigation, the Director must take one of the following actions:
(a) dismiss the complaint if the Director is satisfied:
(i) no ground exists for making the complaint (including, because there is insufficient evidence for a ground for the complaint); or
(ii) although a ground exists for making the complaint, it does not warrant any action to be taken under this section;
(b) otherwise – any of the following as provided by this Act in relation to a ground for the complaint:
(i) issue an infringement notice under the regulations in relation to that ground;
(ii) enter into an enforceable undertaking with the licensee under section 72A in relation to that ground;
(iii) apply to the Commission under section 69 for disciplinary action to be taken against the licensee in relation to that ground.
(6) If the Director takes an action mentioned in subsection (5)(a) or (b)(i) or (ii), the Director must give a report to the Commission about taking that action.
(7) An application mentioned in subsection (5)(b)(iii) must include any comment given by the licensee under subsection (4)(b) and the result of the investigation conducted by the Director.
(8) The Director must, as soon as practicable after taking an action under subsection (5), notify the complainant of the action taken.
(9) Regulations may provide for a matter arising under this section (including, for example, provisions relating to a particular ground for a complaint).
(1) The Director or a person prescribed by regulation may apply to the Commission for disciplinary action to be taken against a licensee.
(2) The application must:
(a) be in the form approved by the Commission; and
(b) specify details about:
(i) the disciplinary action that is sought; and
(ii) the ground for the disciplinary action.
(3) The applicant must give the licensee details about the application when making the application.
(4) The Commission must, after considering the application, by written notice to the applicant and licensee:
(a) accept the application if the Commission considers a hearing should be conducted for deciding the application; or
(b) otherwise – refuse to accept the application.
(5) The Commission must conduct a hearing for deciding the application if the Commission accepts the application.
Note for subsection (5)
For a hearing by the Commission, see Part V.
(6) On completing the hearing, the Commission must, by written notice to the applicant and licensee:
(a) dismiss the application; or
(b) approve the application by taking specified disciplinary action against the licensee (whether or not it is the disciplinary action specified in the application).
(7) The Commission may take disciplinary action against the licensee only if the Commission is satisfied:
(a) on the balance of probabilities, a ground for taking the disciplinary action exists; and
(b) the disciplinary action is appropriate in relation to that ground.
(8) The operation of this section and section 71 do not affect the operation of section 48A or 49A.
(9) However, this section has effect subject to section 124.
(10) Regulations may provide for a matter arising under this section (including, for example, provisions about taking a particular disciplinary action for a particular ground for disciplinary action).
(1) The Commission may take disciplinary action against a licensee by imposing a monetary penalty on the licensee only if the Commission is satisfied the licensee has contravened a provision that creates an offence against this Act.
(2) The amount of the monetary penalty:
(a) must not exceed the lesser of the following:
(i) the maximum amount of the fine specified for the offence;
(ii) 100 penalty units; and
(b) is a debt due to the Territory; and
(c) is due and payable by a licensee within 28 days, or a longer period allowed by the Commission, after notice for the penalty is given by the Commission to the licensee.
(3) To avoid doubt, the monetary penalty is a civil penalty for the purposes of the Penalty Units Act .
(1) If the Commission intends to take disciplinary action against a licensee by varying the conditions of, or imposing additional conditions for, the licensee's licence, or suspending or cancelling the licence, the Commission must:
(a) notify the licensee of:
(i) the Commission's intention to do so; and
(ii) the ground for the disciplinary action; and
(iii) the factual basis constituting that ground; and
(b) for the cancellation of the licence – give the licensee a reasonable opportunity to explain to the Commission why the Commission should not do so.
(2) The Commission may take disciplinary action by cancelling the licence only after taking into account any explanation given by the licensee under subsection (1)(b).
(1) If the Commission decides to take disciplinary action against a licensee, the licensee may appeal to the Supreme Court against the decision.
(2) The appeal may be made in relation to a question of law only.
(3) The Supreme Court may:
(a) dismiss the appeal; or
(b) declare the disciplinary action to be invalid.
(4) If subsection (3)(b) applies:
(a) the Supreme Court may request the Commission to reconsider its decision to take the disciplinary action; and
(b) the Commission must reconsider the decision on the request.
(5) This section does not affect any other provision about a review of the decision of the Commission.
(1) The Director may accept a written undertaking ( enforceable undertaking ) given by a licensee for either or both of the following:
(a) a contravention of this Act that has occurred;
(b) the prevention of a contravention of this Act.
(2) The Director must give a copy of the enforceable undertaking to the licensee and Commission.
(3) The licensee may, with the Director's consent, withdraw or vary the enforceable undertaking.
(4) Regulations may prescribe matters arising under this section (including, for example, provisions about the consequence of a breach of an enforceable undertaking).
(1) The Commission must:
(a) maintain a register of enforceable undertakings; and
(b) record each enforceable undertaking in the register.
(2) The register must contain the following information:
(a) the name and address of the licensee giving the undertaking;
(b) the date of the undertaking;
(c) a copy of the undertaking;
(d) if the undertaking has expired, or has been withdrawn or varied:
(i) the date of the expiry, withdrawal or variation; or
(ii) for a variation – the variation.
(3) The register may be inspected by any person at any reasonable time free of charge.
(4) Regulations may provide for a matter arising under this section.