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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Northern Territory Safe Measures Bill
2023
No. , 2023
(Senator Nampijinpa Price)
A Bill for an Act to reduce alcohol-related harm to
vulnerable communities in the Northern Territory,
and for related purposes
No. , 2023
Northern Territory Safe Measures Bill 2023
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Simplified outline of this Act ............................................................ 2
4
Object of this Act............................................................................... 3
5
The Racial Discrimination Act is not affected ................................... 3
6
Definitions ......................................................................................... 3
Part 2--Tackling alcohol abuse
5
Division 1--Modification of the NT Liquor Act and NT Liquor
Regulations in alcohol protected areas
5
7
Certain offences to apply in alcohol protected areas ......................... 5
8
Alcohol protected areas treated as general restricted areas .............. 10
9
Seizing vehicles ............................................................................... 10
10
Modification of the NT Liquor Regulations .................................... 11
Division 2--Modification of NT liquor licences and NT liquor
permits in force in alcohol protected areas
12
11
Modification of NT liquor licences ................................................. 12
12
Modification of NT liquor permits .................................................. 13
13
Procedure before making determination modifying NT liquor
licence or permit .............................................................................. 14
Division 3--Notices about alcohol offences in alcohol protected
areas
14
14
Notices about alcohol offences in alcohol protected areas .............. 14
Division 4--Assessments of licensed premises
17
15
Assessments of licensed premises in the Northern Territory ........... 17
Division 5--Alcohol management plans
19
Subdivision A--Approving alcohol management plans
19
16
Application for approval of an alcohol management plan ............... 19
17
Determination to approve or refuse plan ......................................... 19
18
Procedure before refusing approval of plan ..................................... 21
19
Duration of approval of an alcohol management plan ..................... 21
20
Notice of determination about whether plan approved .................... 22
Subdivision B--Variation and revocation of alcohol management
plans
22
21
No variation of alcohol management plan without approval ........... 22
22
Application for approval to vary alcohol management plan ............ 22
ii
Northern Territory Safe Measures Bill 2023
No. , 2023
23
Approval of variation of alcohol management plan ......................... 23
24
Revocation of approval of alcohol management plan ...................... 23
25
Procedure before refusing to approve variation or revoking
approval ........................................................................................... 24
Subdivision C--Community managed alcohol areas
25
26
Community managed alcohol areas ................................................. 25
Division 6--Alcohol protected areas
26
27
Rules prescribing the areas that are alcohol protected areas ............ 26
Division 7--Other matters
29
28
NT Licensing Commission etc. to provide information ................... 29
29
Modified NT Liquor Act and NT Liquor Regulations ..................... 29
30
AAT review of determinations under this Part ................................ 29
Part 3--Other matters
31
31
Delegation ....................................................................................... 31
32
References in Commonwealth or Northern Territory laws .............. 31
33
Modification of Northern Territory laws ......................................... 31
34
Northern Territory (Self-Government) Act ..................................... 32
35
Compensation for acquisition of property ....................................... 32
36
Review by Senate Committee .......................................................... 32
37
Rules ................................................................................................ 34
Part 4--Transitional provisions
35
38
Transitioning alcohol protected areas .............................................. 35
39
Transitioning alcohol management plan approvals.......................... 35
No. , 2023
Northern Territory Safe Measures Bill 2023
1
A Bill for an Act to reduce alcohol-related harm to
1
vulnerable communities in the Northern Territory,
2
and for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act is the
Northern Territory Safe Measures Act 2023
.
8
Part 1
Preliminary
Section 2
2
Northern Territory Safe Measures Bill 2023
No. , 2023
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Simplified outline of this Act
13
The measures in this Act are aimed at reducing alcohol-related
14
harm to vulnerable people in the Northern Territory. Many of the
15
measures apply in alcohol protected areas (which are particular
16
areas of the Northern Territory that are prescribed by the rules (see
17
section 27)).
18
Some of the measures in this Act modify the NT Liquor Act, and
19
licences and permits issued under that Act, so that they apply in
20
alcohol protected areas in a particular way. For example, section 7
21
inserts a number of offences (such as the offence for consuming
22
liquor in an alcohol protected area) into the NT Liquor Act.
23
Preliminary
Part 1
Section 4
No. , 2023
Northern Territory Safe Measures Bill 2023
3
This Act allows the Minister to request the NT Minister to appoint
1
an assessor to conduct an assessment of particular licensed
2
premises in the Northern Territory if the Minister reasonably
3
believes that the sale or consumption of liquor at or from those
4
premises is causing substantial alcohol-related harm to the
5
community (see section 15).
6
This Act also deals with alcohol management plans and provides a
7
process for the approval of those plans by the Minister (see
8
Division 6 of Part 2).
9
4 Object of this Act
10
The object of this Act is to enable special measures to be taken to
11
reduce alcohol-related harm to vulnerable communities in the
12
Northern Territory.
13
5 The Racial Discrimination Act is not affected
14
This Act does not affect the operation of the
Racial Discrimination
15
Act 1975
.
16
6 Definitions
17
In this Act:
18
alcohol protected area
means an area in the Northern Territory that
19
is prescribed by rules made for the purposes of subsection 27(1).
20
business
includes a business not carried on for profit.
21
business day
means a day that is not a Saturday, a Sunday or a
22
public holiday in the Northern Territory.
23
commencement
means the day this Act commences.
24
licensed premises
has the same meaning as in the NT Liquor Act.
25
liquor
has the same meaning as in the NT Liquor Act.
26
modify
includes add, omit and substitute.
27
Part 1
Preliminary
Section 6
4
Northern Territory Safe Measures Bill 2023
No. , 2023
nominated person
: see subsection 24(2).
1
NT Licensing Commission
means the Commission (within the
2
meaning of the NT Liquor Act).
3
NT Liquor Act
means the
Liquor Act 2019
(NT).
4
Note:
The reference to the
Liquor Act 2019
(NT) is to be construed as a
5
reference to that Act as originally enacted and as amended from time
6
to time: see section 10A of the
Acts Interpretation Act 1901
of the
7
Commonwealth.
8
NT liquor licence
means a licence issued under Part 3 of the NT
9
Liquor Act.
10
NT liquor permit
means a permit issued under section 201 of the
11
NT
Liquor Act.
12
NT Liquor Regulations
means the
Liquor Regulations 2019
(NT).
13
Note:
The reference to the
Liquor Regulations 2019
(NT) is to be construed
14
as a reference to those Regulations as originally enacted and as
15
amended from time to time: see section 10A of the
Acts Interpretation
16
Act 1901
of the Commonwealth.
17
NT Minister
means the Minister of the Northern Territory who is
18
responsible for the administration of the NT Liquor Act.
19
premises
includes any place (whether enclosed or built on or not)
20
and, in particular, includes:
21
(a) a building, aircraft, vehicle or vessel; and
22
(b) any structure, whether a fixed structure or a moveable
23
structure such as a tent, and whether on land or floating on
24
any waters; and
25
(c) a part of premises (including premises of a kind referred to in
26
paragraph (a) or (b)).
27
rules
means the rules made by the Minister under section 37.
28
Secretary
means the Secretary of the Department.
29
Tackling alcohol abuse
Part 2
Modification of the NT Liquor Act and NT Liquor Regulations in alcohol protected
areas
Division 1
Section 7
No. , 2023
Northern Territory Safe Measures Bill 2023
5
Part 2--Tackling alcohol abuse
1
Division 1--Modification of the NT Liquor Act and NT
2
Liquor Regulations in alcohol protected areas
3
7 Certain offences to apply in alcohol protected areas
4
(1) The NT Liquor Act applies, while this Act is in effect, as if:
5
(a) Division 1 of Part 8 of that Act were omitted; and
6
(b) the following Division were included as Division 1A of
7
Part 8 of that Act (before Division 2 of that Part).
8
"Division 1A--Prohibitions in alcohol protected areas
9
"170D Preliminary
10
"(1) In this Division:
11
alcohol protected area
has the same meaning as in the
Northern
12
Territory Safe Measures Act 2022
of the Commonwealth.
13
boat
means any kind of vessel used in navigation by water.
14
Commonwealth Minister
means the Commonwealth Minister
15
responsible for the administration of the
Northern Territory Safe
16
Measures Act 2022
of the Commonwealth.
17
recreational activities
does not include an activity the sole or
18
primary purpose of which is the consumption of liquor.
19
supply
includes supply by way of sale, exchange or gift.
20
"(2) Part IIAA of the Criminal Code applies to an offence against this
21
Division.
22
"(3) This Division does not apply in relation to anything done in the
23
normal course of the provision of a postal service (within the
24
meaning of paragraph 51(v) of the
Constitution
of the
25
Commonwealth).
26
Part 2
Tackling alcohol abuse
Division 1
Modification of the NT Liquor Act and NT Liquor Regulations in alcohol
protected areas
Section 7
6
Northern Territory Safe Measures Bill 2023
No. , 2023
"170E Possessing etc. liquor in alcohol protected areas
1
"(1) A person commits an offence if:
2
(a) the person:
3
(i) brings liquor into an area; or
4
(ii) has liquor in the person's possession, or under the
5
person's control, in an area; or
6
(iii) consumes liquor in an area; and
7
(b) the area is an alcohol protected area.
8
Maximum penalty: 100 penalty units or imprisonment for 6
9
months.
10
"(2) It is a defence to a prosecution for an offence against subsection (1)
11
if the defendant proves, on the balance of probabilities, that, when
12
the conduct referred to in subsection (1)(a) was engaged in:
13
(a) the defendant was in a boat that was on waters; and
14
(b) the defendant was engaged in recreational boating activities
15
or commercial fishing activities.
16
"(3) The defence in subsection (2) is not available to the defendant if
17
the prosecution proves, beyond reasonable doubt, that, when the
18
conduct referred to in subsection (1)(a) was engaged in, the boat
19
was on waters in an area that was covered by a declaration made
20
by the Commonwealth Minister under section 170G(1)
.
21
"(4) It is a defence to a prosecution for an offence against subsection (1)
22
if the defendant proves, on the balance of probabilities, that, when
23
the conduct referred to in subsection (1)(a) was engaged in:
24
(a) the defendant was engaged in recreational activities; and
25
(b) the activities were organised by a person whose business
26
consisted of or included operating tours for tourists; and
27
(c) if the alcohol protected area in which the conduct was
28
engaged in is in a national park or a Northern Territory
29
park--the activities were consistent with the management
30
plan or similar document (if any) for the park; and
31
(d) if the conduct is conduct referred to in
32
subsection (1)(a)(iii)--the defendant was behaving in a
33
responsible manner.
34
Tackling alcohol abuse
Part 2
Modification of the NT Liquor Act and NT Liquor Regulations in alcohol protected
areas
Division 1
Section 7
No. , 2023
Northern Territory Safe Measures Bill 2023
7
"(5) It is a defence to a prosecution for an offence against
1
subsection (1)(a)(i) or (ii) if the defendant proves, on the balance of
2
probabilities, that, when the defendant engaged in the conduct
3
referred to in that subparagraph, the defendant did so for the
4
purposes of other people engaging in recreational activities covered
5
by subsection (4).
6
"(6) The defence in subsection (4) or (5) is not available to the
7
defendant if the prosecution proves, beyond reasonable doubt, that,
8
when the conduct referred to in subsection (1)(a) was engaged in in
9
the area, the area was not covered by a declaration made by the
10
Commonwealth Minister under section 170G(2)
.
11
"(7) It is a defence to a prosecution for an offence against subsection (1)
12
if the defendant proves, on the balance of probabilities, that the
13
conduct referred to in subsection (1)(a):
14
(a) occurred in an emergency; and
15
(b) was necessary to preserve life, prevent injury or to protect
16
property.
17
"170F Supplying etc. liquor in alcohol protected areas
18
"(1) A person commits an offence if:
19
(a) the person:
20
(i) supplies liquor to a third person; or
21
(ii) transports liquor intending to supply any of it, or
22
believing that another person intends to supply any of it,
23
to a third person; or
24
(iii) possesses liquor intending to supply any of it to a third
25
person; and
26
(b) the third person is in an alcohol protected area.
27
Maximum penalty: 100 penalty units or imprisonment for 6
28
months.
29
"(2) It is a defence to a prosecution for an offence against subsection (1)
30
if the defendant proves, on the balance of probabilities, that, when
31
the conduct referred to in subsection (1)(a) was engaged in:
32
(a) the defendant was in a boat that was on waters; and
33
Part 2
Tackling alcohol abuse
Division 1
Modification of the NT Liquor Act and NT Liquor Regulations in alcohol
protected areas
Section 7
8
Northern Territory Safe Measures Bill 2023
No. , 2023
(b) the defendant was engaged in recreational boating activities
1
or commercial fishing activities; and
2
(c) the third person was in the same boat.
3
"(3) The defence in subsection (2) is not available to the defendant if
4
the prosecution proves, beyond reasonable doubt, that, when the
5
conduct referred to in subsection (1)(a) was engaged in, the boat
6
was on waters in an area that was covered by a declaration made
7
by the Commonwealth Minister under section 170G(1)
.
8
"(4) It is a defence to a prosecution for an offence against subsection (1)
9
if the defendant proves, on the balance of probabilities, that, when
10
the conduct referred to in subsection (1)(a) was engaged in:
11
(a) the defendant and the third person were engaged in
12
recreational activities; and
13
(b) the activities were organised by a person whose business
14
consisted of or included operating tours for tourists; and
15
(c) if the alcohol protected area in which the conduct was
16
engaged in is in a national park or a Northern Territory
17
park--the activities were consistent with the management
18
plan or similar document (if any) for the park.
19
"(5) It is a defence to a prosecution for an offence against
20
subsection (1)(a)(ii) or (iii) if the defendant proves, on the balance
21
of probabilities, that, when the defendant engaged in the conduct
22
referred to in that subparagraph, the defendant did so for the
23
purposes of other people engaging in recreational activities covered
24
by subsection (4).
25
"(6) The defence in subsection (4) or (5) is not available to the
26
defendant if the prosecution proves, beyond reasonable doubt, that,
27
when the conduct referred to in subsection (1)(a) was engaged in in
28
the area, the area was not covered by a declaration made by the
29
Commonwealth Minister under section 170G(2)
.
30
"(7) If the quantity of ethyl alcohol involved in the commission of an
31
offence against subsection (1) is greater than 1,350 ml:
32
(a) the maximum penalty for the offence is 680 penalty units or
33
imprisonment for 18 months; and
34
Tackling alcohol abuse
Part 2
Modification of the NT Liquor Act and NT Liquor Regulations in alcohol protected
areas
Division 1
Section 7
No. , 2023
Northern Territory Safe Measures Bill 2023
9
(b) a person who engages in conduct specified in
1
subsection (1)(a)(ii) or (iii) is taken to have done so:
2
(i) intending to supply the liquor; or
3
(ii) believing that another person intends to supply the
4
liquor;
5
as the subparagraph requires, to a person in an alcohol
6
protected area.
7
"(8) Paragraph (b) of subsection (7) does not apply in relation to a
8
subparagraph mentioned in that paragraph if the person proves, on
9
the balance of probabilities, that the person did not have the
10
intention or belief required by that subparagraph.
11
"(9) It is a defence to a prosecution for an offence against subsection (1)
12
if the defendant proves, on the balance of probabilities, that the
13
conduct referred to in subsection (1)(a):
14
(a) occurred in an emergency; and
15
(b) was necessary to preserve life, prevent injury or to protect
16
property.
17
"170G Areas in which defences are, or are not, available
18
"(1) The Commonwealth Minister may declare that a specified area of
19
waters in an alcohol protected area is an area in relation to which a
20
defence under section 170E(2) or 170F(2) is not available.
21
"(2) The Commonwealth Minister may declare that a specified area of
22
land or waters in an alcohol protected area is an area in relation to
23
which a defence under section 170E(4), 170E(5), 170F(4) or
24
170F(5) is available.
25
"(3) A declaration under subsection (1) or (2) is a legislative instrument
26
under the
Legislation Act 2003
of the Commonwealth.
27
"170H Notices about defences
28
"While an area is declared under section 170G(1), the Commission
29
may cause a notice stating that a defence under section 170E(2) or
30
170F(2) is not available in relation to the area:
31
Part 2
Tackling alcohol abuse
Division 1
Modification of the NT Liquor Act and NT Liquor Regulations in alcohol
protected areas
Section 8
10
Northern Territory Safe Measures Bill 2023
No. , 2023
(a) to be posted and to be kept posted at a place where a
1
customary access route enters the area; and
2
(b) to be published in any manner the Commissioner considers
3
appropriate.
4
"170J Offence relating to Commonwealth notices
5
"(1) A person commits an offence if the person:
6
(a) removes a notice posted under section 14(3) of the
Northern
7
Territory Safe Measures Act 2022
of the Commonwealth; or
8
(b) damages such a notice.
9
Maximum penalty: 5 penalty units.
10
"(2) It is a defence to a prosecution for an offence against subsection (1)
11
if the defendant proves, on the balance of probabilities, that the
12
conduct was engaged in in the course of the person's duties.".
13
8 Alcohol protected areas treated as general restricted areas
14
(1) The NT Liquor Act (other than section 173 of that Act) applies,
15
while this Act is in effect, as if each alcohol protected area were a
16
general restricted area under that Act.
17
(2) Any amendment of a law of the Northern Territory, or any action
18
taken under a law of the Northern Territory (whether the
19
amendment commences, or the action is taken, before, on or after
20
commencement):
21
(a) has no force or effect; and
22
(b) is taken never to have had any force or effect;
23
to the extent that it would otherwise have the effect of preventing
24
the NT Liquor Act operating as if each alcohol protected area were
25
a general restricted area under that Act.
26
9 Seizing vehicles
27
The NT Liquor Act applies, while this Act is in effect, as if the
28
following section were included as section 244A of that Act (after
29
section 244 of that Act).
30
Tackling alcohol abuse
Part 2
Modification of the NT Liquor Act and NT Liquor Regulations in alcohol protected
areas
Division 1
Section 10
No. , 2023
Northern Territory Safe Measures Bill 2023
11
"244A Seizing vehicles
1
"In deciding whether to seize a vehicle under section 244, an
2
inspector must have regard to:
3
(a) whether the main use of the vehicle is for the benefit of a
4
community as a whole; and
5
(b) the hardship that might be caused to the community if the
6
vehicle were seized.".
7
10 Modification of the NT Liquor Regulations
8
The NT Liquor Regulations apply, while this Act is in effect, as if:
9
(a) the following offences against the NT Liquor Act were
10
infringement notice offences for the purposes of those
11
Regulations:
12
(i) an offence against subsection 170E(1);
13
(ii) an offence against subsection 170F(1) if the quantity of
14
the ethyl alcohol involved in the commission of the
15
offence is 1,350 ml or less;
16
(iii) an offence against subsection 170J(1); and
17
(b) a reference in regulation 114(1) of those Regulations to an
18
offence against a provision of the Act specified in
19
Schedule 6, Part 1 included a reference to the offences
20
mentioned in subparagraphs (a)(i), (ii) and (iii) of this
21
section; and
22
(c) the prescribed amount for the purposes of those Regulations
23
for an offence mentioned in those subparagraphs were the
24
same as the prescribed amount for an offence against
25
section 173(1) of the NT Liquor Act.
26
Note:
Section 7 of this Act includes sections 170E, 170F and 170J into the
27
NT Liquor Act.
28
Part 2
Tackling alcohol abuse
Division 2
Modification of NT liquor licences and NT liquor permits in force in
alcohol protected areas
Section 11
12
Northern Territory Safe Measures Bill 2023
No. , 2023
Division 2--Modification of NT liquor licences and NT
1
liquor permits in force in alcohol protected areas
2
11 Modification of NT liquor licences
3
(1) This section applies to a NT liquor licence that is in force in
4
relation to premises in a particular alcohol protected area
5
(whenever the licence was issued).
6
(2) The licence continues in force according to its terms, subject to the
7
NT Liquor Act and this section.
8
(3) While this Act is in effect, the licence is subject to a condition that
9
the licensee must not sell liquor for consumption away from the
10
licensed premises unless the purchaser holds a NT liquor permit
11
that is in force in the particular alcohol protected area.
12
(4) The Minister may, by written notice given to the licensee and the
13
NT Licensing Commission, determine that the licence does not,
14
from the day specified in the notice and for a period (if any)
15
specified in the notice, authorise the sale of liquor, or the sale and
16
consumption of liquor on, at, or away from, those premises.
17
Note:
If the Minister proposes to make a determination under subsection (4),
18
the procedure in section 13 must be followed first.
19
(5) The Minister may, by written notice given to the licensee and the
20
NT Licensing Commission, determine that the conditions of the
21
licence are varied in a way specified in the notice, from the day
22
specified in the notice and for a period (if any) specified in the
23
notice.
24
Note:
If the Minister proposes to make a determination under subsection (5),
25
the procedure in section 13 must be followed first.
26
(6) For the purposes of subsections (4) and (5), the day specified in the
27
notice must be at least 14 days after the day the notice is given to
28
the licensee.
29
Tackling alcohol abuse
Part 2
Modification of NT liquor licences and NT liquor permits in force in alcohol protected
areas
Division 2
Section 12
No. , 2023
Northern Territory Safe Measures Bill 2023
13
(7) If a determination is made under subsection (4) or (5), then, while
1
this Act is in effect, the NT Liquor Act and the licence apply
2
accordingly.
3
12 Modification of NT liquor permits
4
(1) This section applies to a NT liquor permit that is in force in an
5
alcohol protected area (whenever the permit was issued).
6
(2) The permit continues in force according to its terms, subject to the
7
NT Liquor Act and this section.
8
(3) The Minister may, by written notice given to the permit holder and
9
the NT Licensing Commission, determine that the permit does not
10
authorise the permit holder to:
11
(a) bring liquor into; or
12
(b) have liquor in the permit holder's possession or under the
13
permit holder's control within; or
14
(c) consume liquor within;
15
an alcohol protected area, from the day specified in the notice and
16
for a period (if any) specified in the notice.
17
Note:
If the Minister proposes to make a determination under subsection (3),
18
the procedure in section 13 must be followed first.
19
(4) The Minister may, by written notice given to the permit holder and
20
the NT Licensing Commission, determine that the conditions of the
21
permit are varied in a way specified in the notice, from the day
22
specified in the notice and for a period (if any) specified in the
23
notice.
24
Note:
If the Minister proposes to make a determination under subsection (4),
25
the procedure in section 13 must be followed first.
26
(5) For the purposes of subsections (3) and (4), the day specified in the
27
notice must be at least 14 days after the day the notice is given to
28
the permit holder.
29
(6) If a determination is made under subsection (3) or (4), then, while
30
this Act is in effect, the NT Liquor Act and the permit apply
31
accordingly.
32
Part 2
Tackling alcohol abuse
Division 3
Notices about alcohol offences in alcohol protected areas
Section 13
14
Northern Territory Safe Measures Bill 2023
No. , 2023
13 Procedure before making determination modifying NT liquor
1
licence or permit
2
(1) Before making a determination under subsection 11(4), 11(5),
3
12(3) or 12(4) that modifies a NT liquor licence or NT liquor
4
permit, the Minister must consult the NT Minister and the NT
5
Licensing Commission about the proposed modification by giving
6
them a written notice.
7
(2) The notice must:
8
(a) set out information about the proposed modification; and
9
(b) invite the NT Minister and the NT Licensing Commission to
10
give written comments to the Minister about the proposed
11
modification before the end of the consultation period in
12
subsection (3).
13
(3) The consultation period is:
14
(a) the period specified in the notice, which must be at least 14
15
days after the day the notice is given; or
16
(b) if the Minister agrees in writing to a longer period--that
17
longer period.
18
(4) When making a determination under subsection 11(4), 11(5), 12(3)
19
or 12(4), the Minister must have regard to any written comments of
20
the NT Minister and the NT Licensing Commission that are given
21
to the Minister during the consultation period in subsection (3).
22
Division 3--Notices about alcohol offences in alcohol
23
protected areas
24
14 Notices about alcohol offences in alcohol protected areas
25
(1) The NT Licensing Commission may determine that a notice:
26
(a) stating that it is an offence to bring liquor into, to be in
27
possession or control of liquor, or to consume or sell liquor,
28
within an area that is an alcohol protected area; and
29
(b) setting out any other information that the Commission
30
considers appropriate;
31
should be posted at the following places:
32
Tackling alcohol abuse
Part 2
Notices about alcohol offences in alcohol protected areas
Division 3
Section 14
No. , 2023
Northern Territory Safe Measures Bill 2023
15
(c) the place where a customary access route enters the area;
1
(d) the customary departure locations for aircraft flying into the
2
area.
3
(2) The NT Licensing Commission must ensure that the wording of the
4
notice is respectful to vulnerable people.
5
(3) If a determination under subsection (1) is in force, the Commission
6
must cause the notice to be posted and kept posted at those places
7
while the area is an alcohol protected area.
8
(4) The NT Licensing Commission may cause to be published, in any
9
manner the Commission considers appropriate to inform people
10
living in the area, a notice:
11
(a) describing the area; and
12
(b) stating that it is an offence to bring liquor into, to be in
13
possession or control of liquor, or to consume or sell liquor,
14
within the area; and
15
(c) setting out any other information that the Commission
16
considers appropriate.
17
(5) Before making a determination under subsection (1), the NT
18
Licensing Commission must:
19
(a) develop an engagement strategy to support consultation with
20
people living in the area and relevant stakeholders; and
21
(b) consult people living in the area and relevant stakeholders
22
on:
23
(i) the proposal to make the determination; and
24
(ii) the content and wording of the notice.
25
(6) When making a determination under subsection (1), the NT
26
Licensing Commission must have regard to:
27
(a) any information that the Commission has that is relevant to
28
exercising a power under subsection (1) in relation to the area
29
(such as information about a high incidence of
30
alcohol-related crime in that area); and
31
(b) any advice given by the Australian Federal Police or the
32
police force of the Northern Territory relating to the effect on
33
enforcement in the area of the alcohol restrictions provided
34
Part 2
Tackling alcohol abuse
Division 3
Notices about alcohol offences in alcohol protected areas
Section 14
16
Northern Territory Safe Measures Bill 2023
No. , 2023
by this Part if the power under subsection (1) were or were
1
not exercised; and
2
(c) the circumstances and views of people who are living in the
3
area, to the extent that those circumstances and views relate
4
to the determination; and
5
(d) any other matter the Commission considers relevant.
6
(7) The NT Licensing Commission may revoke a determination under
7
subsection (1).
8
Tackling alcohol abuse
Part 2
Assessments of licensed premises
Division 4
Section 15
No. , 2023
Northern Territory Safe Measures Bill 2023
17
Division 4--Assessments of licensed premises
1
15 Assessments of licensed premises in the Northern Territory
2
(1) The Minister may make a request under subsection (2) in relation
3
to particular licensed premises in the Northern Territory if:
4
(a) the Minister reasonably believes that the sale or consumption
5
of liquor at or from the premises is causing substantial
6
alcohol-related harm to the community; and
7
(b) at least 28 days before giving the request, the Minister has
8
notified the NT Minister that the Minister proposes to make
9
the request in relation to the premises.
10
(2) The Minister may, by written notice, request the NT Minister to
11
appoint an assessor (within the meaning of the NT Liquor Act) to
12
conduct an assessment in relation to the premises:
13
(a) in accordance with the terms specified in the request; and
14
(b) within the period specified in the request.
15
(3) If the NT Minister receives a request under subsection (2), then:
16
(a) the NT Minister must appoint an assessor to conduct an
17
assessment in relation to the premises in accordance with the
18
terms, and within the period, specified in the request; and
19
(b) the assessor must:
20
(i) conduct an assessment in relation to the premises in
21
accordance with the terms, and within the period,
22
specified in the request; and
23
(ii) give the NT Minister a copy of the assessment; and
24
(c) the NT Minister must give the Minister a copy of the
25
assessment as soon as practicable after receiving it from the
26
assessor.
27
(4) However, subsection (3) does not apply if the NT Minister:
28
(a) declines the request on the grounds referred to in
29
subsection (5); and
30
(b) complies with the requirements of subsection (6).
31
Part 2
Tackling alcohol abuse
Division 4
Assessments of licensed premises
Section 15
18
Northern Territory Safe Measures Bill 2023
No. , 2023
(5) The NT Minister may decline the request if the NT Minister
1
reasonably believes that compliance with the request:
2
(a) would place an undue financial burden on the Northern
3
Territory (including the NT Licensing Commission); or
4
(b) would otherwise be inappropriate.
5
(6) If the NT Minister declines the request under subsection (5), the
6
NT Minister must, within 28 days of receiving the request:
7
(a) give the Minister a statement setting out the decision and the
8
reasons for it; and
9
(b) publish the statement on the NT Minister's website.
10
(7) If the Minister receives a statement from the NT Minister under
11
subsection (6), the Minister may publish the statement on the
12
Minister's website.
13
Tackling alcohol abuse
Part 2
Alcohol management plans
Division 5
Section 16
No. , 2023
Northern Territory Safe Measures Bill 2023
19
Division 5--Alcohol management plans
1
Subdivision A--Approving alcohol management plans
2
16 Application for approval of an alcohol management plan
3
(1) A person or entity may apply for approval of an alcohol
4
management plan by lodging a written application in accordance
5
with this section.
6
Note:
The plan must have been developed through a committee of relevant
7
alcohol management experts and meet any other prescribed
8
requirements: see subsection 17(3).
9
(2) An application under subsection (1) must:
10
(a) be in the form (if any) that is prescribed by the rules; and
11
(b) include the information (if any) that is prescribed by the
12
rules; and
13
(c) be accompanied by the alcohol management plan; and
14
(d) be accompanied by other documents (if any) that are
15
prescribed by the rules.
16
(3) The alcohol management plan must:
17
(a) be in the form (if any) that is prescribed by the rules; and
18
(b) include the information (if any) that is prescribed by the
19
rules.
20
(4) An application under subsection (1) is lodged by being delivered:
21
(a) to a person apparently performing duties at a place that is
22
prescribed by the rules; or
23
(b) in a manner, and to a place, that is prescribed by the rules; or
24
(c) to a person approved for the purpose by the Secretary.
25
17 Determination to approve or refuse plan
26
(1) If an application for approval of an alcohol management plan has
27
been made under subsection 16(1), the Minister must make a
28
determination whether to approve the plan.
29
Part 2
Tackling alcohol abuse
Division 5
Alcohol management plans
Section 17
20
Northern Territory Safe Measures Bill 2023
No. , 2023
Note:
If the Minister proposes to refuse to approve the plan under
1
subsection (1), the procedure in section 18 must be followed first.
2
(2) In making a determination under subsection (1), the Minister must
3
have regard to:
4
(a) the object of this Act (see section 4); and
5
(b) any matter that is prescribed by the rules; and
6
(c) any other matter that the Minister considers relevant.
7
(3) The Minister must not approve a plan under subsection (1)
unless
8
the Minister is satisfied that the plan:
9
(a) has been developed through a committee of relevant alcohol
10
management experts; and
11
(b) meets the requirements (if any) applying to alcohol
12
management plans that are prescribed by the rules.
13
(4) The Minister may refuse to approve an alcohol management plan
14
under subsection (1) if the applicant does not give the Minister
15
sufficient documents, material or assistance to enable the Minister
16
to make an informed decision.
17
(5) Subsection (4) does not limit the grounds on which the Minister
18
may refuse to approve an alcohol management plan.
19
(6) The Minister is not required to make a determination under
20
subsection (1) in relation to an application for approval of an
21
alcohol management plan if the Minister is satisfied that:
22
(a) people living in the area covered by the plan have not been
23
sufficiently consulted about the plan; or
24
(b) a majority of people living in the area covered by the plan do
25
not support the plan.
26
(7) If the Minister makes a determination under subsection (6), the
27
Minister must give written notice of the determination to the
28
applicant. The notice must specify the reasons for the
29
determination.
30
Tackling alcohol abuse
Part 2
Alcohol management plans
Division 5
Section 18
No. , 2023
Northern Territory Safe Measures Bill 2023
21
18 Procedure before refusing approval of plan
1
(1) If the Minister proposes to refuse to approve an alcohol
2
management plan, the Minister must give written notice of the
3
proposed refusal to the applicant.
4
(2) The notice must:
5
(a) specify the reasons for the proposed refusal; and
6
(b) invite written submissions from the applicant in relation to
7
the matters specified in the notice; and
8
(c) specify that written submissions must be lodged during the
9
period (the
submission period
) that is:
10
(i) the period specified in the notice; or
11
(ii) if the Minister agrees in writing to a longer period--that
12
longer period; and
13
(d) specify the manner in which written submissions are to be
14
lodged.
15
(3) For the purposes of subparagraph (2)(c)(i), the period specified in
16
the notice must be at least 10 business days after the day the notice
17
is given.
18
(4) The Minister must not refuse to approve an alcohol management
19
plan unless:
20
(a) the applicant has been given a notice under subsection (1);
21
and
22
(b) the Minister has considered any submissions received during
23
the submission period.
24
19 Duration of approval of an alcohol management plan
25
An approval of an alcohol management plan is in force for the
26
period:
27
(a) beginning on the day specified in the approval or, if no day is
28
specified, the day the approval is granted; and
29
(b) ending on whichever of the following days occurs first:
30
(i) the day specified in the approval as the day the approval
31
ceases to be in force;
32
(ii) the day the approval is revoked.
33
Part 2
Tackling alcohol abuse
Division 5
Alcohol management plans
Section 20
22
Northern Territory Safe Measures Bill 2023
No. , 2023
20 Notice of determination about whether plan approved
1
(1) If the Minister makes a determination under subsection 17(1) to
2
approve an alcohol management plan, the Minister must give
3
written notice of the decision to the applicant.
4
(2) If the Minister makes a determination under subsection 17(1) to
5
refuse to approve an alcohol management plan, the Minister must
6
give written notice of the decision to the applicant.
7
(3) A notice under subsection (2) must specify the reasons for the
8
refusal.
9
Subdivision B--Variation and revocation of alcohol
10
management plans
11
21 No variation of alcohol management plan without approval
12
An alcohol management plan in relation to which an approval is in
13
force under subsection 17(1) must not be varied unless there is an
14
approval for the variation in force under subsection 23(1).
15
22 Application for approval to vary alcohol management plan
16
(1) A person or entity may apply for approval of a variation of an
17
alcohol management plan by lodging a written application in
18
accordance with subsections (2) and (3).
19
(2) An application under subsection (1) must:
20
(a) be in the form (if any) that is prescribed by the rules; and
21
(b) include the information (if any) that is prescribed by the
22
rules; and
23
(c) be accompanied by the documents (if any) that are prescribed
24
by the rules.
25
(3) An application under subsection (1) is lodged by being delivered:
26
(a) to a person apparently performing duties at a place that is
27
prescribed by the rules; or
28
(b) in a manner, and to a place, that is prescribed by the rules; or
29
(c) to a person approved for the purpose by the Secretary.
30
Tackling alcohol abuse
Part 2
Alcohol management plans
Division 5
Section 23
No. , 2023
Northern Territory Safe Measures Bill 2023
23
23 Approval of variation of alcohol management plan
1
(1) If an application for approval to vary an approved alcohol
2
management plan has been made under subsection 22(1), the
3
Minister must determine whether to approve the variation.
4
Note:
If the Minister proposes to refuse to approve a variation of an alcohol
5
management plan in accordance with the application, the procedure in
6
section 25 must be followed first.
7
(2) When considering whether to approve a variation of an alcohol
8
management plan under subsection (1), the Minister must have
9
regard to:
10
(a) the object of this Act (see section 4); and
11
(b) any matter that is prescribed by the rules; and
12
(c) any other matter that the Minister considers relevant.
13
(3) The Minister may refuse to approve a variation of an alcohol
14
management plan under subsection (1) if the applicant for the
15
variation does not give the Minister sufficient documents, material
16
or assistance to enable the Minister to make an informed decision.
17
(4) Subsection (3) does not limit the grounds on which the Minister
18
may refuse to vary an alcohol management plan.
19
(5) If the Minister makes a determination under subsection (1), the
20
Minister must give written notice of the determination to the
21
applicant for the approval of the variation.
22
(6) If the Minister refuses to approve the variation, the notice under
23
subsection (5) must specify the reasons for the refusal.
24
(7) A determination under subsection (1) takes effect on the day the
25
notice under subsection (5) is given, or on a later day specified in
26
the notice.
27
24 Revocation of approval of alcohol management plan
28
(1) The Minister may revoke an approval of an alcohol management
29
plan if the Minister is satisfied that:
30
(a) the plan has not been complied with; or
31
Part 2
Tackling alcohol abuse
Division 5
Alcohol management plans
Section 25
24
Northern Territory Safe Measures Bill 2023
No. , 2023
(b) the plan is ineffective in achieving the object of this Act (see
1
section 4); or
2
(c) the plan was varied without approval under subsection 23(1).
3
Note:
If the Minister proposes to revoke an approval of an alcohol
4
management plan under subsection (1), the procedure in section 25
5
must be followed first.
6
(2) If the Minister revokes an approval of an alcohol management plan
7
under subsection (1), the Minister must give written notice of the
8
revocation to the person or entity the Minister considers is the most
9
appropriate to notify (the
nominated person
).
10
(3) A revocation takes effect on the day the notice under subsection (2)
11
is given, or on a later day specified in the notice.
12
25 Procedure before refusing to approve variation or revoking
13
approval
14
(1) If an application under subsection 22(1) has been made for
15
approval to vary an alcohol management plan, and the Minister
16
proposes to refuse to approve the variation, the Minister must give
17
written notice of the proposed refusal to the applicant.
18
(2) If the Minister proposes to revoke an approval of an alcohol
19
management plan under subsection 24(1), the Minister must give
20
written notice of the proposed revocation to the nominated person.
21
(3) A notice under subsection (1) or (2) must:
22
(a) specify the reasons for the proposed refusal or revocation;
23
and
24
(b) invite written submissions in relation to the matters specified
25
in the notice; and
26
(c) specify that written submissions must be lodged during the
27
period (the
submission period
) that is:
28
(i) the period specified in the notice; or
29
(ii) if the Minister agrees in writing to a longer period--that
30
longer period; and
31
(d) specify the manner in which written submissions are to be
32
lodged.
33
Tackling alcohol abuse
Part 2
Alcohol management plans
Division 5
Section 26
No. , 2023
Northern Territory Safe Measures Bill 2023
25
(4) For the purposes of subparagraph (3)(c)(i), the period specified in
1
the notice must be at least 10 business days after the day the notice
2
is given.
3
(5) The Minister must not refuse to approve a variation of an alcohol
4
management plan under subsection 23(1), or revoke an approval of
5
an alcohol management plan under subsection 24(1), unless:
6
(a) the applicant has been given a notice under subsection (1) or
7
the nominated person has been given a notice under
8
subsection (2); and
9
(b) the Minister has considered all written submissions received
10
during the submission period.
11
Subdivision C--Community managed alcohol areas
12
26 Community managed alcohol areas
13
If the Minister approves an alcohol management plan under
14
subsection 17(1), then the area covered by the plan is a community
15
managed alcohol area.
16
Part 2
Tackling alcohol abuse
Division 6
Alcohol protected areas
Section 27
26
Northern Territory Safe Measures Bill 2023
No. , 2023
Division 6--Alcohol protected areas
1
27 Rules prescribing the areas that are alcohol protected areas
2
Rules may prescribe alcohol protected area
3
(1) The rules may prescribe that an area in the Northern Territory is an
4
alcohol protected area.
5
Rules may be revoked or varied
6
(2) The rules may revoke or vary a rule made for the purposes of
7
subsection (1).
8
(3) If:
9
(a) the Minister approves an alcohol management plan under
10
subsection 17(1); and
11
(b) a rule (the
relevant rule
) made for the purposes of
12
subsection (1) prescribes that the whole or part of the area
13
covered by the plan is an alcohol protected area;
14
then the Minister must consider making a rule for the purposes of
15
subsection (2) that revokes or varies the relevant rule so that the
16
area covered by the plan is no longer an alcohol protected area.
17
When rules may be made
18
(4) A rule may be made for the purposes of subsection (1):
19
(a) on the Minister's own initiative; or
20
(b) following a request made to the Minister by, or on behalf of,
21
a person who is ordinarily resident in the area to which the
22
rules relate; or
23
(c) following a revocation of an approval of an alcohol
24
management plan relating to the area under subsection 24(1);
25
or
26
(d) following the cessation of an approval of an alcohol
27
management plan in relation to the area (see section 19).
28
(5) A rule may be made for the purposes of subsection (2):
29
Tackling alcohol abuse
Part 2
Alcohol protected areas
Division 6
Section 27
No. , 2023
Northern Territory Safe Measures Bill 2023
27
(a) on the Minister's own initiative; or
1
(b) following a request made to the Minister by, or on behalf of,
2
a person who is ordinarily resident in the area to which the
3
rules relate; or
4
(c) following approval of an alcohol management plan relating
5
to the area under subsection 17(1).
6
Community consultation
7
(6) Before making a rule for the purposes of subsection (1) or (2) in
8
relation to an area, the Minister must ensure that:
9
(a) information setting out:
10
(i) the proposal to make the rule; and
11
(ii) an explanation, in summary form, of the consequences
12
of the making of the rule;
13
has been made available in the area; and
14
(b) there is equitable consultation with vulnerable people living
15
in the area (including both women and men) and relevant
16
service providers; and
17
(c) people living in the area have been given a reasonable
18
opportunity to make submissions to the Minister about:
19
(i) the proposal to make the rule; and
20
(ii) the consequences of the making of the rule; and
21
(iii) their circumstances, concerns and views, so far as they
22
relate to the proposal.
23
Criteria for making rules
24
(7) In making a rule for the purposes of subsection (1) or (2) in
25
relation to an area, the Minister must have regard to the following
26
matters:
27
(a) the object of this Act (see section 4);
28
(b) the wellbeing of people living in the area;
29
(c) whether there is reason to believe that people living in the
30
area have been the victims of alcohol-related harm;
31
(d) the extent to which people living in the area have expressed
32
their concerns about being at risk of alcohol-related harm;
33
Part 2
Tackling alcohol abuse
Division 6
Alcohol protected areas
Section 27
28
Northern Territory Safe Measures Bill 2023
No. , 2023
(e) the extent to which people living in the area have expressed
1
the view that their wellbeing will be improved if this Part
2
applies in relation to the area;
3
(f) whether there is an alcohol management plan that covers the
4
area or part of the area (whether or not the plan is approved
5
under Division 6);
6
(g) any submissions of the kind referred to in paragraph (6)(c);
7
(h) any other matter that the Minister considers relevant.
8
Effect of revocation or variation on things done etc. before
9
(8) If:
10
(a) a rule is made for the purposes of subsection (1) in relation to
11
an area; and
12
(b) under subsection (2):
13
(i) the rule is revoked; or
14
(ii) the rule is varied so that the area is no longer an alcohol
15
protected area;
16
then this Part continues to apply in relation to that area, after the
17
revocation or variation takes effect, in relation to things done, or
18
omitted to be done, before the revocation or variation takes effect.
19
Tackling alcohol abuse
Part 2
Other matters
Division 7
Section 28
No. , 2023
Northern Territory Safe Measures Bill 2023
29
Division 7--Other matters
1
28 NT Licensing Commission etc. to provide information
2
The NT Licensing Commission or the Director (within the
3
meaning of the NT Liquor Act) must, if requested by the Minister
4
to provide information relevant to the operation of this Part, take
5
all reasonable steps to provide the information.
6
29 Modified NT Liquor Act and NT Liquor Regulations
7
(1) The NT Liquor Act and the NT Liquor Regulations apply, while
8
this Act is in effect, subject to the modifications in this Part.
9
(2) The NT Liquor Act and the NT Liquor Regulations, as modified by
10
this Part, apply as laws of the Northern Territory.
11
30 AAT review of determinations under this Part
12
Applications may be made to the Administrative Appeals Tribunal
13
for review of the following determinations:
14
(a) a determination by the Minister under subsection 11(4) about
15
what is not authorised by a NT licence;
16
(b) a determination by the Minister under subsection 11(5) about
17
the conditions of a NT licence;
18
(c) a determination by the Minister under subsection 12(3) about
19
what is not authorised by a NT permit;
20
(d) a determination by the Minister under subsection 12(4) about
21
the conditions of a NT permit;
22
(e) a determination by the NT Licensing Commission under
23
subsection 14(1) about posting a notice about alcohol
24
offences in an alcohol protected area;
25
(f) a determination by the Minister under subsection 17(1) to
26
refuse to approve an alcohol management plan;
27
(g) a determination by the Minister under subsection 17(6) to
28
refuse to make a determination under subsection 17(1) in
29
relation to an application for approval of an alcohol
30
management plan;
31
Part 2
Tackling alcohol abuse
Division 7
Other matters
Section 30
30
Northern Territory Safe Measures Bill 2023
No. , 2023
(h) a determination by the Minister under subsection 23(1) to
1
refuse to approve a variation of an alcohol management plan;
2
(i) a determination by the Minister under subsection 24(1) to
3
revoke an approval of an alcohol management plan.
4
Other matters
Part 3
Section 31
No. , 2023
Northern Territory Safe Measures Bill 2023
31
Part 3--Other matters
1
2
31 Delegation
3
(1) The Minister may, in writing, delegate any of the Minister's
4
functions or powers under this Act (other than under section 37) to:
5
(a) the Secretary of the Department; or
6
(b) an SES employee or acting SES employee in the Department.
7
(2) The Secretary may, in writing, delegate any of the Secretary's
8
functions or powers under this Act to an SES employee, or acting
9
SES employee, in the Department.
10
32 References in Commonwealth or Northern Territory laws
11
(1) A reference in a law of the Commonwealth, or a law of the
12
Northern Territory, to a law of the Northern Territory includes a
13
reference to a law of the Northern Territory as modified by this
14
Act.
15
(2) A reference in a law of the Commonwealth, or a law of the
16
Northern Territory, to an offence against a law of the Northern
17
Territory includes a reference to an offence against a law of the
18
Northern Territory as modified by this Act.
19
(3) A reference in a law of the Commonwealth or a law of the
20
Northern Territory to a law of the Commonwealth does not include
21
a reference to a law of the Northern Territory as modified by this
22
Act.
23
(4) A reference in a law of the Northern Territory to a particular law of
24
the Northern Territory includes a reference to that law as modified
25
by this Act.
26
33 Modification of Northern Territory laws
27
To the extent that this Act modifies an Act or regulations of the
28
Northern Territory, the
Interpretation Act 1978
(NT), and other
29
Part 3
Other matters
Section 34
32
Northern Territory Safe Measures Bill 2023
No. , 2023
Acts of the Northern Territory of general application, apply in
1
relation to this Act.
2
34 Northern Territory (Self-Government) Act
3
Section 49 of the
Northern Territory (Self-Government) Act 1978
4
does not apply in relation to the operation of this Act.
5
35 Compensation for acquisition of property
6
(1) Subsection 50(2) of the
Northern Territory (Self-Government) Act
7
1978
and section 7 of the NT Liquor Act do not apply in relation to
8
any acquisition of property referred to in those provisions that
9
occurs as a result of the operation of this Act.
10
(2) If the operation of this Act would result in an acquisition of
11
property (within the meaning of paragraph 51(xxxi) of the
12
Constitution) from a person otherwise than on just terms (within
13
the meaning of that paragraph), the Commonwealth is liable to pay
14
a reasonable amount of compensation to the person.
15
(3) If the Commonwealth and the person do not agree on the amount
16
of the compensation, the person may institute proceedings in a
17
court of competent jurisdiction for the recovery from the
18
Commonwealth of such reasonable amount of compensation as the
19
court determines.
20
36 Review by Senate Committee
21
(1) The Senate Community Affairs References Committee, or such
22
other committee constituted under a resolution of the Senate, must
23
conduct reviews under this section and report the findings of each
24
review to the Senate.
25
Requirements for review
26
(2) A review under this section must consider the following:
27
(a) the effectiveness of this Act and the rules in reducing
28
alcohol-related harm to vulnerable communities in the
29
Northern Territory;
30
Other matters
Part 3
Section 36
No. , 2023
Northern Territory Safe Measures Bill 2023
33
(b) any barriers to the approval of alcohol management plans
1
under this Act;
2
(c) whether the provisions of this Act remain necessary to reduce
3
alcohol-related harm to vulnerable communities in the
4
Northern Territory, and in particular whether this Act should
5
be repealed, having regard to the extent to which alcohol
6
protected areas are community managed alcohol areas;
7
(d) whether any existing or proposed laws of the Northern
8
Territory would provide sufficient protection against
9
alcohol-related harm in vulnerable communities in the
10
Northern Territory, such that the provisions of this Act are no
11
longer, or would no longer be, required;
12
(e) Commonwealth funding for services relevant to reducing
13
alcohol-related harm to vulnerable communities in the
14
Northern Territory.
15
First review
16
(3) The first review under this section must be completed within 12
17
months after commencement.
18
Subsequent reviews
19
(4) Each subsequent review under this section must be completed
20
within 3 years after the completion of the previous review.
21
Review if all areas community managed
22
(5) If, immediately after the Minister approves a particular alcohol
23
management plan under section 17, all alcohol protected areas are
24
community managed alcohol areas, a review under this section
25
must be completed within 6 months of that approval.
26
When review is completed
27
(6) For the purposes of this section, a review is completed when the
28
Committee's findings of the review are reported to the Senate.
29
Part 3
Other matters
Section 37
34
Northern Territory Safe Measures Bill 2023
No. , 2023
37 Rules
1
(1) The Minister may, by legislative instrument, make rules
2
prescribing matters:
3
(a) required or permitted by this Act to be prescribed; or
4
(b) necessary or convenient to be prescribed for carrying out or
5
giving effect to this Act.
6
(2) To avoid doubt, the rules may not do the following:
7
(a) create an offence or civil penalty;
8
(b) provide powers of:
9
(i) arrest or detention; or
10
(ii) entry, search or seizure;
11
(c) impose a tax;
12
(d) set an amount to be appropriated from the Consolidated
13
Revenue Fund under an appropriation in this Act;
14
(e) directly amend the text of this Act.
15
Transitional provisions
Part 4
Section 38
No. , 2023
Northern Territory Safe Measures Bill 2023
35
Part 4--Transitional provisions
1
2
38 Transitioning alcohol protected areas
3
(1) If an area was an alcohol protected area under the
Stronger Futures
4
in the Northern Territory Act 2012
as in force immediately before
5
17 July 2022, then a rule prescribing the area as an alcohol
6
protected area is taken to have been made, on commencement, for
7
the purposes of subsection 27(1) of this Act.
8
(2) The rule referred to in subsection (1) of this section may be
9
revoked or varied, after commencement, by a rule made for the
10
purposes of subsection 27(2) of this Act.
11
39 Transitioning alcohol management plan approvals
12
(1) This section applies if:
13
(a) an approval of an alcohol management plan was in force
14
under subsection 17(1) of the
Stronger Futures in the
15
Northern Territory Act 2012
immediately before 17 July
16
2022; and
17
(b) the approval, as in force at that time, did not specify a day
18
occurring before the commencement of this Act as the day
19
the approval ceases to be in force.
20
(2) An approval of the alcohol management plan, in the same terms as
21
the approval mentioned in paragraph (1)(a), is taken to be in force
22
on and after commencement for the purposes of subsection 17(1)
23
of this Act.
24
(3) Subsection (2) of this section does not prevent:
25
(a) the approval being revoked; or
26
(b) the period for which the approval is in force ending under
27
subparagraph 19(b)(i).
28