Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 132
insert
This Division applies if, during the emergency period, an application is made to the Local Court for a warrant of possession of business premises.
(1) Before hearing and determining the application, the Local Court must refer the matter to NTCAT for alternative dispute resolution.
(2) Despite subsection (1), if the Local Court is satisfied there are exceptional circumstances, the Local Court may proceed to hear and determine the application without referring the matter to NTCAT.
(3) NTCAT must deal with a matter referred to it in accordance with subsection (1) under Part 4, Division 4 of the Northern Territory Civil and Administrative Tribunal Act 2014 as if the matter were a proceeding in NTCAT's original jurisdiction.
(1) Despite section 132B(1), if the Local Court is satisfied that the parties prefer to arrange their own mediation or conciliation without involving NTCAT, and that such a course is appropriate, the Local Court may adjourn the hearing of an application to allow the mediation or conciliation to take place.
(2) A mediator or conciliator engaged by the parties as mentioned in subsection (1) must advise the Local Court:
(a) of the date that the mediation or conciliation concluded; and
(b) whether the mediation or conciliation was successful or unsuccessful.
(3) If mediation or conciliation in accordance with this section is successful, the application for a warrant of possession is taken to be withdrawn.
NTCAT must notify the Local Court if the parties agree to a settlement in alternative dispute resolution before NTCAT, and the application for a warrant of possession is taken to be withdrawn.
(1) NTCAT must advise the Local Court that a resolution has not been achieved if:
(a) NTCAT is satisfied that the applicant has participated in good faith in alternative dispute resolution before NTCAT, but a settlement could not be reached; or
(b) a settlement is not reached within 60 days after the Local Court referred the matter to NTCAT under section 132B.
(2) If the Local Court is considering the matter of costs in a proceeding, the court may request from NTCAT a report on the conduct of the parties in alternative dispute resolution proceedings before NTCAT.
A person commits an offence if:
(a) the person is a party to negotiations between a landlord and a tenant or is acting on behalf of such a party; and
(b) the negotiations take place during the emergency period; and
(c) the negotiations seek to adjust the terms of an arrangement for the occupation of premises for business purposes; and
(d) the person intentionally or recklessly misrepresents the financial situation of the party in the course of the negotiations.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(1) A person commits an offence if:
(a) the person is a party to negotiations between a landlord and a tenant or is acting on behalf of such a party; and
(b) the negotiations take place during the emergency period; and
(c) the negotiations seek to adjust the terms of an arrangement for the occupation of premises for business purposes; and
(d) the person intentionally or recklessly discloses information about the other party's financial situation that was obtained in the course of the negotiations.
Maximum penalty: 500 penalty units or imprisonment for 5 years.
(2) A person does not commit an offence against subsection (1) if:
(a) the disclosure is:
(i) necessary for the administration of this Act; or
(ii) for a legal proceeding; or
(iii) for obtaining legal advice from a legal practitioner; or
(iv) to report suspected illegal conduct to a government organisation with responsibility for investigating that kind of illegal conduct; or
(v) with the consent of the other party; or
(b) the person has knowledge of the information independently from obtaining the information in the course of the negotiations.
(3) For subsection (1), it is immaterial whether the disclosure was made during, or after, the emergency period.