Northern Territory Numbered Acts Northern Territory Numbered ActsSections 106B to 106BC
repeal, insert
(1) A licensee or employee of a licensee must not permit a child to enter or remain on the licensee's licensed premises contrary to a declaration under section 106.
Maximum penalty: 85 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that:
(a) the person to whom the liquor was supplied was at least 16 years of age; and
(b) before the liquor was supplied to the person, the defendant was provided with a form of identification that may reasonably be accepted as:
(i) a form of identification of the person; and
(ii) indicating that the person was an adult.
(1) A child must not, for the purposes of entering or remaining on licensed premises contrary to a declaration under section 106, misrepresent his or her age by:
(a) oral statements made by the child or someone else; or
(b) presenting a form of written identification that purports to relate to the child but is in fact fictitious or relates to someone else; or
(c) presenting a form of written identification that is false in a material particular.
Maximum penalty: 50 penalty units.
(2) A person commits an offence if:
(a) the person makes a document that could reasonably be taken to be a form of identification of a person; and
(b) the form of identification is fictitious or is false in a material particular; and
(c) the person is reckless as to whether the form of identification:
(i) is fictitious or is false in a material particular; and
(ii) would be used to misrepresent the age of a person for a purpose contrary to this Act.
Maximum penalty: 50 penalty units.
(3) A child must not represent to an Agency or statutory body that he or she has attained the age of 18 years in order to obtain a form of identification if the child intends:
(a) to use the form of identification for himself or herself for a purpose contrary to this Act; or
(b) to give it to another person for a purpose contrary to this Act.
Maximum penalty: 50 penalty units.
(4) A person must not give a genuine form of identification of the person to someone else if the person is reckless about any of the following circumstances:
(a) the form of identification may be used to misrepresent the age of a person for a purpose contrary to this Act;
(b) the form of identification may be used to obtain another genuine form of identification with the intention of using the other form of identification to misrepresent the age of a person for a purpose contrary to this Act.
Maximum penalty: 50 penalty units.
(5) A person commits an offence if the person:
(a) defaces or interferes with a genuine form of identification of the person or someone else; and
(b) intends to use the form of identification, as defaced or interfered with, to misrepresent the age of a person for a purpose contrary to this Act.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(6) In this section:
"make", in relation to a document, includes modify an existing document.
"purpose contrary to this Act" includes:
(a) a child entering or remaining on licensed premises contrary to a declaration under section 106; and
(b) a child attempting to purchase liquor from a place (whether or not the child would otherwise be entitled to enter or remain at the place).
(1) A person commits an offence if the person:
(a) purchases liquor from licensed premises for consumption away from the premises; and
(b) misrepresents his or her identity by:
(i) oral statements made by the person or someone else; or
(ii) presenting a form of written identification that purports to relate to the person but is in fact fictitious or relates to someone else; or
(iii) presenting a form of written identification that is false in a material particular.
Maximum penalty: 50 penalty units.
(2) A person commits an offence if the person:
(a) makes a document that could reasonably be taken to be a form of identification of a person; and
(b) the form of identification is fictitious or is false in a material particular; and
(c) is reckless as to whether the form of identification:
(i) is fictitious or is false in a material particular; and
(ii) would be used to misrepresent the identity of a person for a purpose contrary to this Act.
Maximum penalty: 50 penalty units.
(3) A person must not make representations to an Agency or statutory body in order to obtain a form of identification if the person intends:
(a) to use the form of identification for himself or herself for a purpose contrary to this Act; or
(b) to give it to another person for a purpose contrary to this Act.
Maximum penalty: 50 penalty units.
(4) A person must not give a genuine form of identification of the person to someone else if the person is reckless about any of the following circumstances:
(a) the form of identification may be used to misrepresent the identity of a person for a purpose contrary to this Act;
(b) the form of identification may be used to obtain another genuine form of identification with the intention of using the other form of identification to misrepresent the identity of a person for a purpose contrary to this Act.
Maximum penalty: 50 penalty units.
(5) A person commits an offence if the person:
(a) defaces or interferes with a genuine form of identification of the person or someone else; and
(b) intends to use the form of identification, as defaced or interfered with, to misrepresent the identity of a person for a purpose contrary to this Act.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(6) In this section:
"make", in relation to a document, includes modify an existing document.
"purpose contrary to this Act "includes a person purchasing liquor from licensed premises to be consumed away from the premises in circumstances in which the person is not entitled to do so.