Northern Territory Numbered Acts Northern Territory Numbered Acts(1) Section 24(3)(a), (b), (f)(i), (n) and (p)
omit
Director
insert
(2) Section 24(3)(h)(ii)(B)
omit
all words from "in a" to "Acts"
insert
in accordance with the requirements under the Fire and Emergency Act and Building Act
(3) Section 24(3)(k)
omit, insert
(k) must specify the number of gaming machines that the applicant seeks to have authorised for use under the licence;
(4) Section 24(3)(q)
omit, insert
(q) must be accompanied by:
(i) the prescribed fee; and
(ii) the prescribed levy for each gaming machine that the applicant seeks to have authorised for use under the licence.
19 Section 41 amended
(1) Section 41(1)
omit
all words from "increased" to "licence"
insert
the number of gaming machines authorised for use under the licence increased
(2) Section 41(2)(a), (d) and (e), (7)(b) and (9)
omit
Director
insert
(3) Section 41(2)(b)
omit
all words from "shall" to "sought"
insert
must specify the number of additional gaming machines that the applicant seeks to have authorised for use under the licence
(4) Section 41(2)(ca), (3), (4) and (7)
omit (all references)
insert
(5) Section 41(2)(f)
omit, insert
(f) must be accompanied by:
(i) the prescribed fee; and
(ii) the prescribed levy for each additional gaming machine that the applicant seeks to have authorised for use under the licence.
(6) Section 41(4)(a)
omit
applied for in the application
insert
that the applicant seeks to have authorised for use under the gaming machine licence
(7) Section 41(5)
omit
all words from "Where" to "applied for"
insert
If the Director-General increases the number of gaming machines authorised for use under a licence, the number of additional gaming machines authorised must not be greater than the number sought in the application
(8) Section 41(6)
omit (all references)
Commission or Director
insert
(1) Section 42(1), (2), (3) and (4A)
omit (all references)
insert
(2) After section 42(1)
insert
(1A) The Director-General may do so on an application under subsection (3) or on the Director-General's own initiative.
(3) Section 42(2), (5) and (6)(a) and (b)
omit (all references)
Director
insert
(4) Section 42(3)(a)
omit
made to the Director
(5) Section 42(3)(b)
omit
all words from "made" to "Service"
insert
by the Director of the Fire and Rescue Service
(6) Section 42(4)
omit, insert
(4) The Director-General must:
(a) advise the licensee by written notice of:
(i) the relevant details of a request or report made under subsection (3); or
(ii) if the Director-General proposes to decrease the number of gaming machines authorised for use under a licence on the Director-General's own initiative – details of that proposal; and
(b) invite the licensee to make a submission with respect to the request, report or proposal within such time as is specified in the notice.
(1) Section 49(1)(b)(v)
omit
by the Commission or Director
insert
under this Act
(2) Section 49(1)(b)(vi)
omit
Commission, the Director
insert
(3) Section 49(1)(c), (2), (9)(a) and (b), (10), (11), (13) and (16)
omit (all references)
insert
(4) Section 49(2), (4), (6) to (8), (13) and (15)
omit (all references)
Director
insert
(5) Section 49(3) and (12)
omit
(6) Section 49(9)(c) and (d)
omit, insert
(c) answers given or submissions made in reply to, or in respect of, the notice are not satisfactory or, if no answers are given and no submissions are made, the Director-General may:
(i) by written notice give such directions to the licensee as the Director-General considers appropriate to ensure that any matter connected with, or giving rise to, the issue of the notice is rectified within the time specified in the notice; or
(ii) cancel, or suspend for such period as the Director-General determines, the gaming machine licence.
(7) Section 49(9)
omit
insert
The Director-General
(8) Section 49(9)
omit
insert
if the Director-General
(1) Section 57A(1)
omit
(1)
(2) Section 57A(2)
omit
(1) Section 165(1) to (4), (7) and (8)
omit (all references)
Director
insert
(2) Section 165(9) and (10)
omit
(3) Section 165(11)
omit
all words from "Commission," to "the Commission"
insert
Director-General, having regard to answers given in reply to a notice to show cause and submissions made under subsection (8) and to such other information or material as the Director-General
(4) Section 165(11)(a)
omit
insert
After section 166
insert
A reviewable decision is:
(a) a decision specified in the Schedule, unless the decision was made by a delegate of the Director-General; or
(b) a decision made on the review, under Part 3 of the Licensing (Director-General) Act , of a decision that:
(i) is specified in the Schedule; and
(ii) was made by a delegate of the Director-General.
Note for section 166A
A decision made under this Act by a delegate of the Director-General is not a reviewable decision but may be a delegate decision under the Licensing (Director-General) Act. Part 3 of that Act sets out procedures for applying for a review of a delegate decision.
(1) A person is an affected person for a reviewable decision mentioned in section 166A(a) if any of the following apply:
(a) for a decision that relates to disciplinary action relating to a licence – the person is the licensee;
(b) for a decision that was made in relation to an application – the person is the applicant;
(c) the person made a submission, complaint or objection (however described) during the process that resulted in the decision being made.
(2) A person is an affected person for a reviewable decision mentioned in section 166A(b) if the person was an affected person under the Licensing (Director-General) Act for the decision that was reviewed under Part 3 of that Act.
(1) An affected person for a reviewable decision may apply to the Civil and Administrative Tribunal for a review of the decision.
(2) For a reviewable decision that was made under the Licensing (Director-General) Act , that Act and this Act are together taken to be the relevant Act for the Northern Territory Civil and Administrative Tribunal Act .
The regulations may declare that a decision made under this Act by a delegate of the Director-General, other than a decision specified in the Schedule, is not a delegate decision for the Licensing (Director-General) Act .
(1) Section 192, before "The"
insert
(1)
(2) Section 192
omit (all references)
Director
insert
(3) After section 192
insert
(2) The Director-General must refund the whole or part of a levy paid under section 24 or 41 in the circumstances and within the period prescribed by regulation.
Section 193
repeal
(1) After section 194(2)(k)
insert
(ka) levies payable in relation to applications made under section 24 or 41;
(kb) the payment of annual fees for gaming machine licences;
(2) Section 194(2)(s)
omit
Director's
insert
(3) Section 194(2)(u)
omit
(4) Section 194(4)(h), (i) and (n)
omit
Director
insert
(5) Section 194(5)(a) and (b)
omit
Commission or the Director
insert
After section 194
insert
In this Part:
2014 Acts means the Licensing (Director-General) Act 2014 and 2014 Amending Act.
2014 Amending Act means the Licensing (Repeals and Consequential Amendments) Act 2014 .
"commencement" means the commencement of section 22 of the Licensing (Director-General) Act 2014 .
"Commission" means the Commission as defined in section 3 of the NTLC Act.
"NTLC Act" means the Northern Territory Licensing Commission Act as in force immediately before the commencement.
"NTLC Director" means the Director as defined in section 3 of the NTLC Act.
"old legislation" means the NTLC Act and this Act, as in force immediately before the commencement.
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the NTLC Director; but
(b) the NTLC Director had not made a decision on the application.
(2) The application:
(a) is taken to be an application made on the commencement for the decision to be made by the Director-General; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 196
The Director-General's decision on the application will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the Commission; but
(b) the Commission had not commenced active consideration of the application.
(2) The application:
(a) is taken to be an application made on the commencement for the decision to be made by the Director-General; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 197
The Director-General's decision on the application will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the Commission and the Commission had commenced active consideration of the application; but
(b) the Commission had not made a decision.
(2) The Commission must deal with and determine the application in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) However, the Commission's decision is then taken to have been made by the Director-General.
Note for section 198(3)
As the decision will be made after the commencement and will be taken to be a decision of the Director-General, it may be a reviewable decision.
Regulations may make provision for determining when active consideration of an application commences for this Division.
Part 9A applies only in relation to decisions made after the commencement.
(1) This section applies if, before the commencement:
(a) a decision had been made under this Act and the period for applying for a review of the decision under section 193, as then in force, had not expired; but
(b) an application for a review of the decision had not been made.
(2) A person who would have been entitled to apply for a review of the decision under the old legislation may do so under the old legislation, as if the 2014 Acts had not commenced.
(3) The Commission must review the decision in accordance with the old legislation as if the 2014 Acts had not commenced.
(1) This section applies if, before the commencement:
(a) an application had been made under section 193, as then in force, for review of a decision made under this Act; but
(b) the Commission had not completed the review.
(2) The Commission must complete the review in accordance with the old legislation as if the 2014 Acts had not commenced.
(1) This section applies if:
(a) before the commencement, a power or function was conferred by this Act on the Commission or NTLC Director; and
(b) on the commencement, the power or function (or a substantially similar power or function) is conferred on the Director-General.
(2) On the commencement, an ongoing document continues with the same force and effect as if it had been issued by, or given to, the Director-General.
(3) On the commencement, an ongoing thing continues with the same force and effect as if it had been done by, or in relation to, the Director-General.
(4) This section applies subject to the other provisions of this Part and Part 5, Division 2 of the Licensing (Director-General) Act .
(5) In this section, a reference to something done before the commencement includes a reference to something done after the commencement in accordance with this Part as if it had been done before the commencement.
(6) In this section:
"ongoing document "means a document that:
(a) was issued by, or given to, the Commission or NTLC Director before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
"ongoing thing" means a thing that:
(a) was done by, or in relation to, the Commission or NTLC Director before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
sections 166A and 166D
|
Decision | |
|
25 |
Decision to grant or refuse application |
|
25(12) |
Decision regarding number of gaming machines authorised for use under the licence |
|
34 |
Decision to impose conditions or further conditions, or vary conditions, on licence |
|
41 |
Decision to grant or refuse application |
|
42(1) |
Decision to decrease number of gaming machines authorised for use under licence |
|
43(9) |
Decision to grant, or refuse to grant, application |
|
49(9)(c) |
Decision to give directions to licensee or cancel or suspend gaming machine licence |
|
50 |
Decision to suspend gaming machine licence |
|
65 |
Decision to grant, or refuse to grant, licence |
|
70 |
Decision to impose conditions or further conditions on, or vary conditions of, licence |
|
71(5) |
Decision to renew, or not to renew, licence |
|
79(8)(c) |
Decision to give directions to holder of licence or cancel or suspend licence |
|
80 |
Decision to suspend licence |
|
82 |
Decision to grant, impose conditions on or cancel provisional licence |
|
116 |
Decision to approve, or refuse to approve, person to be recognised manufacturer or supplier of gaming machines |
|
117 |
Decision to approve, or refuse to approve, person to be recognised supplier of restricted components |
|
134 |
Decision to approve or refuse application for approval under section 134(1) |
|
165(11) |
Decision to direct termination of agreement |
Schedule 2 has effect.
This Part amends the Kava Management Act .
(1) Section 3(1), definitions "approved", Chairperson , Commission , Director and hearing
omit
(2) Section 3(1)
insert (in alphabetical order)
"affected person", see section 79.
"approved" form means a form approved under section 83A.
"Director-General", see section 3 of the Licensing (Director-General) Act .
"reviewable decision", see section 78.
Sections 6 and 7
repeal, insert
The Minister may delegate any of the Minister's powers and functions under this Act to:
(a) the Director-General; or
(b) the Chief Health Officer.
Section 64
repeal, insert
(1) The Director-General must determine an application for a licence as soon as reasonably possible after the application is lodged.
(2) In determining the application, the Director-General must consider the objections, the comments on and investigations concerning the objections, the prescribed matters (if any) and the investigations conducted regarding the application.
(3) Having done so, the Director-General must decide to:
(a) issue the licence subject to the conditions the Director-General determines to be necessary or desirable in the circumstances of the application; or
(b) refuse to grant the licence.
(4) After making the decision, the Director-General must give notice of the decision and a statement of the reasons for the decision to each affected person.
(5) If more than one application was made for the grant of the same licence, the Director-General may refuse to grant a licence if satisfied that the applicant would not be the most suitable person from amongst the applicants to hold the licence.
(6) If the Director-General refuses to grant a licence under this section, the Director-General may refund the whole or any part of the prescribed fee paid under section 60(3).
(1) Section 65(1A)
omit
all words from "Commission has" to "makes its"
insert
Director-General has not made a decision under subsection (3) to renew or refuse to renew the licence, the licence remains in force until the Director-General makes the
(2) Section 65(2)(a)
omit
Director
insert
(3) Section 65(2)(b)(i) and (ii), (3A) and (6)
omit (all references)
insert
(4) Section 65(3)
omit, insert
(3) For the purposes of considering an application for renewal of a licence, sections 63 and 64(1) and (2) apply with the necessary changes and, after determining the application, the Director-General must decide to:
(a) renew the licence subject to the conditions that the Director-General determines are necessary or desirable in the circumstances of the application; or
(b) refuse to renew the licence.
(3AA) After making the decision, the Director-General must give notice of the decision and a statement of the reasons for the decision to each affected person.
(5) Section 65(4) to (5)
omit
Sections 68 to 70
repeal, insert
A variation of the conditions of a licence takes effect on the later of the following:
(a) the date specified in the notice under section 67;
(b) if the decision to vary the conditions was made by a delegate of the Director-General – the expiration of the period for applying for a review of the decision.
Note for section 68
Part 3 of the Licensing (Director-General) Act provides for the review of decisions made under this Act by a delegate of the Director-General, and allows the Director-General to stay the operation of a decision pending completion of a review.
Sections 73 and 74
repeal, insert
(1) A person may make a complaint to the Director-General regarding:
(a) the conduct of a licensee; or
(b) the possession, supply or consumption of kava in a licence area.
(2) A complaint must be:
(a) in writing and must set out the grounds on which the complaint is made and the facts relied on by the person to constitute the grounds; and
(b) signed by the person making it.
(3) If a complaint is lodged with the Director-General, the Director-General must:
(a) inform the licensee of the complaint and give the licensee sufficient opportunity to provide a written reply to the complaint; and
(b) consider and investigate the substance of the complaint as the Director-General thinks fit, taking into account any written reply of the licensee under paragraph (a).
(4) After considering and investigating a complaint, the Director-General must:
(a) determine that, in the opinion of the Director-General, the complaint is of a frivolous, irrelevant or malicious nature, and dismiss the complaint; or
(b) determine that no further action is warranted; or
(c) determine to give a direction under section 75 in response to the complaint; or
(d) determine to take action under section 77 in response to the complaint.
(5) The Director-General must give notice of a determination under subsection (4) to the person who made the complaint and the licensee against whom the complaint was made.
(1) Section 76(1)
omit
insert
The Director-General
(2) Section 76(1)(a)
omit, insert
(a) a complaint is made under section 73 and, in the opinion of the Director-General, it is in the public interest to do so until the determination or dismissal of the complaint;
(ab) the Director-General proposes to cancel the licence under section 77(2) and, in the opinion of the Director-General, it is in the public interest to do so until a decision on the cancellation is made;
(3) Section 76(1)(b) to (d)
omit
insert
(4) Section 76(1A)
omit
subsection (1)(c)
insert
subsection (1)(d)
(5) Section 76(4)
omit
Commission may, where it
insert
Director-General may, if the Director-General
Sections 77 and 78, Part 9, Division 4 and Part 10
repeal, insert
(1) Each of the following is a ground for cancelling a licence:
(a) the licensee is in the custody of the Commissioner of Correctional Services;
(b) the licensee has been found guilty of an offence against this Act or the Regulations;
(c) the licensee has been found guilty of an offence relating to the cultivation, production, possession or supply of a drug;
(d) the licensee has contravened a direction given under section 75;
(e) the licensee otherwise appears not to be a fit or proper person to hold a licence.
(2) If the Director-General believes a ground for cancelling a licence exists, the Director-General must give the licensee written notice:
(a) stating that the Director-General proposes to cancel the licence; and
(b) stating the ground for the proposed cancellation and the facts relied on to constitute the ground; and
(c) inviting the licensee to make a written submission in response to the proposed cancellation within a specified period not less than 28 days after the notice is given.
(3) After considering any written submission received from the licensee in response to the notice, the Director-General may decide to cancel the licence by written notice to the licensee if satisfied:
(a) on the balance of probabilities, that a ground for cancelling the licence exists; and
(b) that cancelling the licence is appropriate in relation to that ground.
A reviewable decision is:
(a) a decision specified in Schedule 2, unless the decision was made by a delegate of the Director-General; or
(b) a decision made on the review, under Part 3 of the Licensing (Director-General) Act , of a decision that:
(i) is specified in Schedule 2; and
(ii) was made by a delegate of the Director-General.
Note for section 78
A decision made under this Act by a delegate of the Director-General is not a reviewable decision but may be a delegate decision under the Licensing (Director-General) Act. Part 3 of that Act sets out procedures for applying for a review of a delegate decision.
(1) A person is an affected person for a reviewable decision mentioned in section 78(a) if any of the following apply:
(a) for a decision that relates to disciplinary action relating to a licence – the person is the licensee;
(b) for a decision that was made in relation to an application – the person is the applicant;
(c) the person made a submission, complaint or objection (however described) during the process that resulted in the decision being made.
(2) A person is an affected person for a reviewable decision mentioned in section 78(b) if the person was an affected person under the Licensing (Director-General) Act for the decision that was reviewed under Part 3 of that Act.
(1) An affected person for a reviewable decision may apply to the Civil and Administrative Tribunal for a review of the decision.
(2) For a reviewable decision that was made under the Licensing (Director-General) Act , that Act and this Act are together taken to be the relevant Act for the Northern Territory Civil and Administrative Tribunal Act .
The regulations may declare that a decision made under this Act by a delegate of the Director-General, other than a decision specified in Schedule 2, is not a delegate decision for the Licensing (Director-General) Act .
After section 83
insert
83A Approved forms
The Director-General may approve forms for this Act.
After section 89
insert
In this Part:
2014 Acts means the Licensing (Director-General) Act 2014 and 2014 Amending Act.
2014 Amending Act means the Licensing (Repeals and Consequential Amendments) Act 2014 .
"commencement" means the commencement of section 22 of the Licensing (Director-General) Act 2014 .
"Commission" means the Commission as defined in section 3 of the NTLC Act.
"NTLC Act" means the Northern Territory Licensing Commission Act as in force immediately before the commencement.
"NTLC Director" means the Director as defined in section 3 of the NTLC Act.
"old legislation" means the NTLC Act and this Act, as in force immediately before the commencement.
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the Commission; but
(b) the Commission had not commenced active consideration of the application.
(2) The application:
(a) is taken to be an application made on the commencement for the decision to be made by the Director-General; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 91
The Director-General's decision on the application will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
(1) This section applies if, before the commencement:
(a) an application had been made under this Act for a decision to be made by the Commission and the Commission had commenced active consideration of the application; but
(b) the Commission had not made a decision.
(2) The Commission must deal with and determine the application in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) However, the Commission's decision is then taken to have been made by the Director-General.
Note for section 92(3)
As the decision will be made after the commencement and will be taken to be a decision of the Director-General, it may be a reviewable decision.
Regulations may make provision for determining when active consideration of an application commences for this Division.
Part 10, as amended by the 2014 Amending Act, applies only in relation to decisions made after the commencement.
Subject to section 96, Part 9, Division 1 as amended by the 2014 Amending Act applies only in relation to complaints made after the commencement.
(1) This section applies if, before the commencement:
(a) a complaint had been made under section 73, as then in force; but
(b) the NTLC Director had not taken action under section 73(3)(c), as then in force, in relation to the complaint.
(2) The complaint:
(a) is taken to have been made to the Director-General on the commencement; and
(b) must be dealt with and determined in accordance with this Act as amended by the 2014 Amending Act.
Note for section 96
The Director-General's decision on the complaint will be a decision made after the commencement and may therefore be a reviewable decision or a decision to which Part 3 of the Licensing (Director-General) Act applies.
(1) This section applies if, before the commencement:
(a) the NTLC Director had forwarded a complaint to the Commission under section 73(3)(c), as then in force; but
(b) the Commission had not made a determination about the complaint under section 74, as then in force.
(2) The Commission and NTLC Director must deal with and determine the complaint in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) If the Commission determines a complaint as mentioned in subsection (2):
(a) the determination has effect as if it had been made before the commencement; and
(b) Part 10, as amended by the 2014 Amending Act, does not apply in relation to the determination.
(1) This section applies if, before the commencement:
(a) the NTLC Director had made an application to the Commission under section 77, as then in force; but
(b) the Commission had not determined the application.
(2) The Commission must deal with and determine the application in accordance with the old legislation as if the 2014 Acts had not commenced.
(3) If the Commission determines an application as mentioned in subsection (2):
(a) the determination has effect as if it had been made before the commencement; and
(b) Part 10, as amended by the 2014 Amending Act, does not apply in relation to the determination.
(1) This section applies if:
(a) before the commencement, a power or function was conferred by this Act on an NTLC entity; and
(b) on the commencement, the power or function (or a substantially similar power or function) is conferred on the Director-General.
(2) On the commencement, an ongoing document continues with the same force and effect as if it had been issued by, or given to, the Director-General.
(3) On the commencement, an ongoing thing continues with the same force and effect as if it had been done by, or in relation to, the Director-General.
(4) This section applies subject to the other provisions of this Part and Part 5, Division 2 of the Licensing (Director-General) Act .
(5) In this section, a reference to something done before the commencement includes a reference to something done after the commencement in accordance with this Part as if it had been done before the commencement.
(6) In this section:
"NTLC entity" means the Commission, the NTLC Director or the Chairperson (as defined in section 3 of the NTLC Act).
"ongoing document "means a document that:
(a) was issued by, or given to, the NTLC entity before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
"ongoing thing" means a thing that:
(a) was done by, or in relation to, the NTLC entity before the commencement in or for the exercise of the power or performance of the function; and
(b) immediately before the commencement, had ongoing effect.
After the Schedule
insert
sections 78 and 81
|
Decision | |
|
64 |
Decision to issue, or refuse to grant, licence |
|
65 |
Decision to renew, or refuse to renew, licence |
|
67 |
Decision to vary conditions of licence |
|
76 |
Decision to suspend, impose condition on or vary condition of licence |
|
77 |
Decision to cancel licence |
Schedule 3 has effect.
This Part amends the Liquor Act .
(1) Section 4(1), definitions assessor", "Chairperson , Commission , "Deputy Director", Director , hearing , member and prohibition notice
omit
(2) Section 4(1)
insert (in alphabetical order)
"affected person", see section 120ZB.
"approved form "means a form approved under section 126.
"assessor" means an assessor appointed under section 14.
"decision notice", for a decision, means a written notice setting out:
(a) the decision and the reasons for it; and
(b) any right the person to whom the notice is to be given has, under this Act or the Licensing (Director-General) Act , to apply for a review of, or to appeal, the decision.
"Director-General", see section 3 of the Licensing (Director-General) Act .
"prescribed fee "means a fee prescribed by regulation.
"reviewable decision", see section 120ZA.
(3) Section 4(1), definition specified offence , paragraph (b), after "section"
insert
43BF (as it relates to section 243(1)),
(4) Section 4(1), definition specified offence , paragraph (b)
omit
239, 240 or 251
insert
241(1) or 243(1)
After section 19, in Part II, Division 3
insert