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This is a Bill, not an Act. For current law, see the Acts databases.


LIQUOR AMENDMENT BILL 2003

Mr Elferink






A BILL
for
AN ACT

to amend the Liquor Act







NORTHERN TERRITORY OF AUSTRALIA

LIQUOR AMENDMENT ACT 2003

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No. of 2003
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TABLE OF PROVISIONS


Section

1. Short title
2. Commencement
3. New Part

PART XA – Habitual drunk orders

120A. Register of persons taken into protective custody
120B. Commissioner to apply for order if person taken into custody 3 times within 6 months
120C. Hearing of application
120D. Habitual drunk order
120E. Failure to comply with order
120F. Sale or supply of liquor to habitual drunk prohibited
120G. Person may be held in custody until hearing

4. Repeal


NORTHERN TERRITORY OF AUSTRALIA
____________________

No. of 2003
____________________


AN ACT


to amend the Liquor Act




[Assented to 2003]
[Second reading 2003]




The Legislative Assembly of the Northern Territory enacts as follows:


1. Short title
This Act may be cited as the Liquor Amendment Act 2003.

2. Commencement
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

3. New Part
The Liquor Act is amended by inserting after Part X the following:


"PART XA – Habitual drunk orders

"120A. Register of persons taken into protective custody

"The Commissioner of Police must keep a register of persons who are taken into the custody of a member of the Police Force under Part VII, Division 4 of the Police (Administration) Act while apparently seriously affected by liquor.

"120B. Commissioner to apply for order if person taken into custody 3 times

within 6 months

"(1) As soon as practicable after a person has, for a third or subsequent time within 6 months, been taken into custody under of Part VII, Division 4 of the Police (Administration) Act while apparently seriously affected by liquor, the Commissioner or a delegate of the Commissioner must apply to the Local Court for an habitual drunk order in relation the person.

"(2) The applicant must, as soon as practicable after making the application –

"(3) If the Court is of the opinion further investigations of the application are desirable, the Court may direct the applicant to conduct the further investigations the Court specifies and report back to the Court.

"120C. Hearing of application

"(1) The Local Court must, as soon as practicable after receiving an application under section 120B(1) –

"(2) The hearing is to be in closed court but is to be conducted otherwise in the manner the Court thinks appropriate in the particular case.

"(3) In conducting the hearing, the Court is not bound by the rules of evidence and may inform itself in the manner it thinks fit, including by admitting hearsay evidence.

"120D. Habitual drunk order

"(1) After hearing an application under section 120C, the Local Court may make an habitual drunk order in relation to the person who is the subject of the application if satisfied on the balance of probabilities that, because of the habitual or excessive consumption of liquor, the person is likely to –

"(2) An habitual drunk order – "(3) The Court may also order that the person who is the subject of an habitual drunk order – "(4) The Commissioner of Police must advise the Commission that an habitual drunk order has been made and give the Commission details about the terms of the order and the person who is the subject of the order.

"(5) The Commission must direct the Director to advise licensees within an area specified by the Commission, in accordance with the directions of the Commission and in the manner specified by the Commission, of the making of the order and the details of the person who is the subject of the order.

"120E. Failure to comply with order

"(1) A person who is the subject of an habitual drunk order must comply with the order.

"(2) If a court finds a person guilty of an offence against subsection (1), the court must –

"(3) A term of imprisonment under subsection (2) takes effect from the day on which it is ordered to be served and cannot be suspended, or declared to have been served, in whole or in part.

"120F. Sale or supply of liquor to habitual drunk prohibited

"A person must not –

"120G. Person may be held in custody until hearing

"(1) Despite section 129 of the Police Administration Act but subject to this section, a member of the Police Force must continue to hold a person who is the subject of an application under section 120B(1) in custody until the application is heard.

"(2) A person who continues to be held in custody under subsection (1) or a member of the Police Force may apply (including by telephone) to a magistrate for the person's release from custody until the application under section 120B(1) is heard.

"(3) The magistrate may make the order applied for under subsection (2) if satisfied that, during the period until the application under section 120B(1) is heard, the person is unlikely to be physically violent towards himself or herself or others or towards the property of others.

"(4) The magistrate must not make the order applied for under subsection (2) unless the person undertakes in writing –

"(5) If a member of the Police Force believes on reasonable grounds that a person who has been released from custody pursuant to an order under subsection (3) has failed to comply with the undertaking referred to in subsection (4)(b), the member of the Police Force may apply (including by telephone) to a magistrate to have the order under subsection (3) revoked.

"(6) The magistrate may revoke the order under subsection (3) if satisfied that the person has failed to comply with the undertaking referred to in subsection (4)(b).

"(7) If the order under subsection (3) is revoked under subsection (6), a member of the Police Force may take into custody the person who was the subject of the order and continue to hold the person in custody until the application under section 120B is heard.

"(8) A person who is held in custody under subsection (7) cannot make an application under subsection (2).

"(9) This section does not affect the operation of section 131 or 133 of the Police Administration Act.".

4. Repeal
Section 122 of the Liquor Act is repealed.


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