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

ANTISOCIAL BEHAVIOUR (MISCELLANEOUS AMENDMENTS) BILL 2005

Serial 34
Antisocial Behaviour (Miscellaneous Amendments) Bill 2005
Dr Toyne







A BILL
for

AN ACT
to amend the Liquor Act, Housing Act and Residential Tenancies Act to facilitate a reduction in antisocial behaviour, particularly of people with alcohol dependency, and to amend other laws consequent on the enactment of the Alcohol Court Act













NORTHERN TERRITORY OF AUSTRALIA

antisocial behaviour (MISCELLANEOUS AMENDMENTS) ACT 2005

____________________

Act No. [ ] of 2005

____________________


TABLE OF PROVISIONS

   Section





NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2005

____________________

AN ACT

[Assented to [ ] 2005]

[Second reading [ ] 2005]

The Legislative Assembly of the Northern Territory enacts as follows:

part 1 – preliminary MATTERS

Short title

This Act may be cited as the Antisocial Behaviour (Miscellaneous Amendments) Act 2005.

Commencement

This Act comes into operation on the date, or respective dates, fixed by the Administrator by notice in the Gazette.

part 2 – amendment of LIQUOR act

Principal Act amended

This Part amends the Liquor Act.

Amendment of section 4 (Interpretation)

Section 4(1) –

insert (in alphabetical order)

"contravention notice" means a restricted premises contravention notice served under section 101N;

"declaration of restricted premises" means a declaration made under
Part VIIIA, Division 1;

"infringement notice" means an infringement notice, within the meaning of the Fines and Penalties (Recovery) Act, issued under the Regulations;

"prohibition notice" means a notice given to a licensee under section 122;

"restricted premises" means private premises, within the meaning of section 101A, which are the subject of a declaration of restricted premises;

Amendment of section 31 (Conditions of licence)

After section 31(5) –

insert

(6) It is a condition of all licences that a licensee must comply with every prohibition notice given to the licensee.

New Part VIIIA

After section 101 –

insert

PART vIIIa – RESTRICTED PREMISES

Division 1 – Declaration of restricted premises

101A. Definitions

In this Division –

"interested person", in relation to private premises referred to in an application under section 101C(2), means any of the following:

(a) a person residing in or conducting business in the neighbourhood of the premises;

(b) a community-based organisation or group whose activities are connected with or relevant to the neighbourhood of the premises;

(c) a police officer of or above the rank of Senior Sergeant;

"private premises" includes the following:

(a) privately owned land, and any building on the land, even if all or part of the land or building is open to and used by the public;

(b) Crown land that is leased or occupied under a licence or agreement;

(c) residential premises;

(d) retail shopping centres within the meaning of the Business Tenancies (Fair Dealings) Act;

(e) churches and other buildings owned by religious bodies and used for public worship;

(f) hospitals and other premises providing health services;

(g) schools and other educational premises;

(h) premises specified by the Regulations to be private premises.

101B. Power to declare restricted premises

Subject to this Act, the Commission may declare that private premises are restricted premises.

101C. Application for declaration of restricted premises

(1) An owner or occupier (including a tenant) of private premises may apply to the Commission for a declaration that the premises, or a specified part of the premises, are restricted premises.

(2) An interested person may apply to the Commission for a declaration of restricted premises for any part of private premises open to and used by the public.

(3) The application may be made by a person or body representing the applicant.

(4) The application must –

(a) be lodged with the Director; and

(b) give particulars of the applicant and (if applicable) the applicant's representative; and

(c) be signed by the applicant or (if applicable) the applicant's representative; and

(d) include a description of the private premises and (if applicable) the specified part, in sufficient detail to enable the Commission to identify the location of the premises and (if applicable) the specified part; and

(e) include a statement of the applicant's reasons for desiring the private premises to be declared restricted premises; and

(f) if the applicant is not the owner of the private premises – give particulars of the owner and a statement of whether the applicant or applicant's representative has informed the owner of the application.

(5) The Director or Commission may request additional information from the applicant or applicant's representative.

101D. Commission to consult regarding application

(1) As soon as practicable after the Commission receives an application for a declaration of restricted premises, the Commission must consult with the following persons:

(a) the occupiers of the private premises;

(b) the owners of the private premises;

(c) if the application is made under section 101C(2) – the interested person;

(d) the Commissioner of Police.

(2) The consultations may be conducted in the manner the Commission considers appropriate in the circumstances.

101E. Decision after consultation

(1) The Commission may make a declaration of restricted premises if it is satisfied –

(a) making the declaration –

(i) if the application is made under section 101C(1) – will reflect the wishes of the majority of the occupiers of the private premises; or

(ii) if the application is made under section 101C(2) – will be in the public interest, particularly having regard to the object of this Act in section 3(2)(a) in relation to the consumption of liquor; and

(b) making the declaration is practicable in the circumstances.

(2) The declaration may be made for the whole of the premises specified in the application, or to a smaller or larger part than specified, and must describe the area to which it relates in sufficient detail for it to be clearly identified.

(3) The Commission must refuse to make the declaration if it is not satisfied about the matters in subsection (1) or is satisfied the application is of a frivolous, irrelevant or malicious nature.

(4) If the Commission refuses to make the declaration, the Director must give the applicant a notice of the refusal and a statement of the reasons for the refusal.

101F. Notice of declaration

(1) Within 14 days after making a declaration of restricted premises, the Commission must display on the premises a notice about the declaration.

(2) The notice must include the following:

(a) a statement that the premises are restricted premises;

(b) a statement about the offences and penalty under section 101L;

(c) any other information the Commission considers appropriate.

(3) Subject to subsection (4), a person must not remove, deface or otherwise interfere with the notice.

Penalty: If the offender is a natural person – $1 000.

If the offender is a body corporate – $5 000.

(4) The Commission must remove the notice as soon as practicable after the declaration of restricted premises lapses or is revoked.

101G. Commencement of declaration

A declaration of restricted premises takes effect from the time the notice of the declaration is displayed at the restricted premises.

101H. Variation of declaration

(1) The Commission may, on application, vary a declaration of restricted premises by reducing or enlarging the area to which the declaration relates.

(2) This Division applies (with the necessary changes) to an application for the variation of a declaration of restricted premises as if it were an application for the declaration.

101J. Lapse of declaration

(1) This section applies to a declaration of restricted premises only if the application for the declaration was made under section 101C(1).

(2) The declaration lapses if –

(a) the title of ownership of the premises is transferred; or

(b) the lease of the premises is terminated.

(3) The applicant for the declaration, or the applicant's representative, must give written notice to the Commission of the transfer of ownership or termination of the lease of the premises.

(4) If the applicant for the declaration is not the owner of the premises, the owner must also give written notice to the Commission of the transfer or termination.

101K. Revocation of declaration

(1) The Commission may revoke a declaration of restricted premises on the written application of the applicant for the declaration or the applicant's representative.

(2) The Commission may revoke a declaration of restricted premises, or part of a declaration, in other circumstances at its discretion.

Division 2 – Offences, seizure and forfeiture

101L. Offences in relation to restricted premises

(1) A person must not –

(a) bring liquor onto restricted premises; or

(b) have liquor in the person's possession on restricted premises; or

(c) consume liquor on restricted premises.

Penalty: $500.

(2) Subsection (1) does not apply in relation to liquor on restricted premises belonging to a religious body and used for public worship if the liquor is intended for use in connection with the celebration of the Holy Communion or any other religious service.

(3) Subsection (1)(a) or (b) does not apply to a person who is passing through an area of restricted premises, open to and used by the public, in possession of an unopened container of liquor intended for consumption elsewhere.

101M.  Police powers of entry, search and seizure

(1) If a police officer believes on reasonable grounds a person is contravening section 101L(1), the police officer may, without a warrant –

(a) enter the restricted premises; and

(b) search the premises and any person on the premises; and

(c) in accordance with this section, seize any opened or unopened container the police officer has reason to believe contains liquor.

(2) If the police officer seizes an opened container, the officer must immediately empty or destroy the container unless the officer believes doing so may provoke a disturbance or disorderly behaviour.

(3) If the police officer seizes an unopened container, or has the belief referred to in subsection (2) after seizing an opened container, the officer must ensure the container is taken to a police station, where the container and liquor must be destroyed.

(4) Any interest in liquor destroyed under this section is converted into an interest in the money equivalent of the value of the liquor.

(5) This section applies regardless of whether the police officer makes a complaint or serves an infringement notice or contravention notice for the alleged offence against section 101L(1).

101N.  Service etc. of contravention notice on alleged offender

(1) A police officer must serve a restricted premises contravention notice on a person believed on reasonable grounds to have contravened
section 101L(1) if the officer –

(a) has seized one or more unopened containers of liquor under
section 101M; and

(b) does not intend to make a complaint or serve an infringement notice for the alleged offence.

(2) The contravention notice must contain the following information:

(a) the name of the alleged offender;

(b) the date, time and place of the alleged offence;

(c) a description of the alleged offence and the circumstances causing the police officer to believe an offence was being committed against section 101L(1);

(d) a description of the liquor seized by the police officer including, if possible, the type and quantity;

(e) the name and rank of the police officer and the name of the police station to which the police officer is attached;

(f) a statement that the alleged offender may choose to have the matter dealt with by a court of summary jurisdiction by making an application under section 101Q.

(3) The police officer in charge of the police station referred to in the contravention notice must send a copy of the notice to a court of summary jurisdiction.

101P.  Court order if no application under section 101Q

(1) If the alleged offender served with a contravention notice does not make an application under section 101Q, a court of summary jurisdiction may make an order that the alleged offender committed the offence described in the notice on the date specified in the notice.

(2) On the order being made, all interests in the money equivalent to the value of the liquor are forfeited to the Territory.

101Q.  Application to court by alleged offender in contravention notice

(1) The alleged offender served with a contravention notice may apply to a court of summary jurisdiction for the alleged offence described in the notice to be dealt with by the court.

(2) The application must be –

(a) made no later than 28 days after the date of the alleged offence; and

(b) in writing; and

(c) accompanied by a copy of the contravention notice.

(3) On receiving the application, the clerk of the court must –

(a) fix a time and date for the court to deal with the matter; and

(b) notify the following persons of the time and date:

(i) the alleged offender;

(ii) the person in charge of the police station named in the contravention notice.

(4) The date fixed by the clerk of the court must be no earlier than
14 days after the last day the alleged offender is permitted by this section to make the application.

101R.  How Court deals with offence alleged in contravention notice

(1) When a court deals with an alleged offence described in a contravention notice, the notice is taken to be a complaint alleging the person named in the notice committed the offence at the time and place and in the circumstances specified in the notice.

(2) If a court receives more than one application under section 101Q and is satisfied the alleged offences described in the accompanying contravention notices arise out of the same facts, the court may try the matters together and may adjourn the hearing of the matters.

101S. Effect of court findings generally

(1) If a court finds a person guilty of an offence against
section 101L(1), all interests in the money equivalent to the value of any liquor destroyed under section 101M are forfeited to the Territory on the finding.

(2) If a court finds a person not guilty of an offence against
section 101L(1), the court may make an appropriate order for compensation for the loss of the money equivalent to the value of any liquor destroyed under
section 101M.

Repeal and substitution of section 122

Section 122 –

repeal, substitute

122. Prohibition notice

(1) This section applies if the Alcohol Court gives the Director a copy of a prohibition order made under section 34(1)(a) of that Act.

(2) The Director must give all relevant licensees a prohibition notice relating to the prohibition order.

(3) The prohibition notice must include the following information:

(a) the details of the prohibition order relevant to the licensee, including the name of the prohibited person and the period the order is to remain in force;

(b) a statement that the licensee must take all reasonable steps to ensure –

(i) the prohibited person is not permitted to enter or remain on the licensed premises except in accordance with conditions of the prohibition order; and

(ii) no liquor is sold or supplied at the licensed premises to the prohibited person except in accordance with conditions of the prohibition order;

(c) a statement that a contravention of the prohibition notice is a contravention of the condition of the licence imposed by
section 31(6);

(d) any information the Alcohol Court has directed in the prohibition order must be included in the prohibition notice.

(4) The prohibition notice may include further information the Director considers appropriate in the circumstances, including information to assist the relevant licensees to comply with the prohibition notice.

(5) In this section –

"prohibited person" means the person in respect of whom the prohibition order is made;

"relevant licensees" means the following:

(a) any licensees the Alcohol Court has directed in the prohibition order must be notified;

(b) any other licensees the Director considers most likely to be affected by the prohibition order.

Amendment of section 128 (Regulations)

After section 128(2) –

insert

(3) The Regulations may –

(a) for an offence against the Regulations, prescribe a fine not exceeding –

(i) if the offender is a natural person – 100 penalty units; or

(ii) if the offender is a body corporate – 500 penalty units; and

(b) provide for –

(i) the payment of a prescribed amount instead of a penalty that may otherwise be imposed for an offence against this Act; and

(ii) the service of a notice relating to payment of the amount on a person alleged to have committed the offence; and

(iii) the particulars to be included in the notice.

Amendment of Part XII heading

Part XII, heading –

omit

AND SAVINGS

substitute

MATTERS FOR LIQUOR ACT 1978

New Part XIII

After section 132 –

insert

PART XIII – TRANSITIONAL MATTERS FOR Antisocial behaviour (miscellaneous amendments) act 2005

133. Definitions

In this Part –

"amendment Act" means the Antisocial Behaviour (Miscellaneous Amendments) Act 2005;

"existing prohibition order" means a prohibition order in force under repealed section 122;

"repealed section 122" means section 122 as in force immediately before the commencement of section of the amendment Act.

134. Condition of licence relating to prohibition notice

The condition of a licence imposed by section 31(6) applies even if the licence was in force before the commencement of section of the amendment Act.

135. Continued application of existing prohibition order

An existing prohibition order continues in force in accordance with the terms of the order.

136. Continued application of repealed section 122

Repealed section 122 continues to apply in relation to a person the subject of a matter or application before a court or the Local Court under the section immediately before the commencement of section of the amendment Act.

part 3 – amendment of housing act

Principal Act amended

This Part amends the Housing Act.

Amendment of section 5 (Definitions)

Section 5 –

insert (in alphabetical order)

"acceptable behaviour agreement" means an agreement referred to in section 18A(1);

"antisocial behaviour" includes violence, vandalism, littering and making excessive noise;

New section 18A

After section 18 –

insert

18A. Acceptable behaviour agreements

(1) The Chief Executive Officer (Housing) may give a tenant of premises leased from the Chief Executive Officer (Housing) written notice that the tenant is required to enter into an acceptable behaviour agreement by giving a written undertaking not to engage in antisocial behaviour on the premises.

(2) The notice must include the following information in relation to the acceptable behaviour agreement:

(a) the period, of not less than 28 days, within which the tenant is required to enter into the agreement;

(b) the period for which the agreement will have effect;

(c) a description of the antisocial behaviour and the terms of the agreement;

(d) a statement about the operation of the agreement as specified by subsection (5);

(e) a statement that the Chief Executive Officer (Housing) may apply to a court under section 99A of the Residential Tenancies Act for termination of the lease if the tenant –

(i) fails or refuses to enter into the agreement; or

(ii) seriously or repeatedly breaches the terms of the agreement.

(3) The Chief Executive Officer (Housing) may require the tenant to enter into the acceptable behaviour agreement only if the Chief Executive Officer (Housing) is of the opinion the tenant, or another lawful occupier of the premises, is likely to engage on the premises in the antisocial behaviour described in the notice.

(4) The opinion of the Chief Executive Officer (Housing) formed under subsection (3) must be based on –

(a) the history of the tenant's lease; or

(b) the history of any previous lease under a tenancy agreement with the Chief Executive Officer (Housing), the former Commission or the Territory.

(5) The operation of the acceptable behaviour agreement extends to the behaviour of any other person occupying the premises with the consent of the tenant and, subject to section 99A(3) of the Residential Tenancies Act, if the person engages in behaviour in breach of the acceptable behaviour agreement, the tenant is taken to have breached the agreement.

(6) The acceptable behaviour agreement is of no effect if the notice requiring the tenant to enter into the agreement does not contain the statements required by subsection (2)(d) and (e).

Amendment of section 37 (Regulations)

After section 37(1)(e) –

insert

(ea) make provision in relation to acceptable behaviour agreements, including the matters that may be included in an acceptable behaviour agreement and the form and content of the notice requiring a tenant to enter into an acceptable behaviour agreement;

part 4 – amendment of residential tenancies act

Principal Act amended

This Part amends the Residential Tenancies Act.

Amendment of section 4 (Definitions)

Section 4 –

insert (in alphabetical order)

"acceptable behaviour agreement" has the same meaning as in the Housing Act;

Repeal and substitution of section 100

Section 100 –

repeal, substitute

99A. Failure by tenant relating to acceptable behaviour agreement

(1) A court may, on the application of the Chief Executive Officer (Housing), terminate a tenancy under the Housing Act and make an order for possession of the premises if satisfied –

(a) the tenant has failed or refused to enter into an acceptable behaviour agreement as required by a notice given under
section 18A(1) of that Act; and

(b) the notice requiring the tenant to enter into an acceptable behaviour agreement was given in accordance with section 18A of that Act.

(2) A court may, on the application of the Chief Executive Officer (Housing), terminate a tenancy under the Housing Act and make an order for possession of the premises if satisfied –

(a) the tenant has entered into an acceptable behaviour agreement; and

(b) the entry into the acceptable behaviour agreement was as a result of a notice given in accordance with section 18A of that Act; and

(c) the tenant has seriously or repeatedly breached the terms of the acceptable behaviour agreement.

(3) For subsection (2)(c), if the breach relates only to the behaviour of another person occupying the premises with the consent of the tenant –

(a) the court may have regard to actions taken by the tenant to prevent the breach by the other person, including by making an application for a declaration of restricted premises under Part VIIIA of the Liquor Act; and

(b) if the court is satisfied the tenant has taken all reasonable actions to prevent the breach by the other person, the court may be satisfied there is no breach by the tenant.

(4) An order for possession must specify the date it takes effect.

100. Conduct of tenant unacceptable

(1) A court may, on the application of the landlord or an interested person, terminate a tenancy and make an order for possession of the premises if satisfied the tenant has –

(a) used the premises, or caused or permitted the premises to be used, for an illegal purpose; or

(b) repeatedly caused a nuisance on or from the premises or repeatedly permitted a nuisance to be caused on or from the premises; or

(c) repeatedly caused or repeatedly permitted an interference with the reasonable peace or privacy of a person residing in the immediate vicinity of the premises.

(2) If the application is made by an interested person, the court may make an order for possession of the premises only if the landlord has been –

(a) served with a copy of the application; and

(b) given the opportunity to be heard by the court.

(3) If the landlord objects to the court making an order for possession, the court may make the order only if satisfied exceptional circumstances justify it.

(4) An order for possession must state the date it takes effect.

(5) In this section –

"interested person", for an application under this section, is a person who has been adversely affected by the conduct described in the application.

PART 5 – AMENDMENT OF OTHER LAWS

Division 1 – Amendment of Prisons (Correctional Services) Act

Principal Act amended

This Division amends the Prisons (Correctional Services) Act.

Amendment of Part XXVIA heading

Part XXVIA, heading –

omit

ACT

insert

ACT AND ALCOHOL COURT ACT

New Part XXVIA, Division 4

After section 94F –

insert

Division 4 – Alcohol intervention orders

94G. Meaning of "alcohol intervention order"

In this Division –

"alcohol intervention order" means an alcohol intervention order in force under Part 3 of the Alcohol Court Act.

94H. Division 1 applies to person subject to alcohol intervention order

Subject to section 94J, Division 1 applies in relation to a person subject to an alcohol intervention order –

(a) as if a reference in Division 1 to a person in respect of whom a home detention order is in force were a reference to a person subject to an alcohol intervention order; and

(b) as if a reference in Division 1 to a home detention order were a reference to an alcohol intervention order.

94J. Exercise of powers etc. of surveillance officer

The functions and powers of a surveillance officer under Division 1 may be carried out or exercised in relation to a person subject to an alcohol intervention order only by the Director or a probation officer.

94K. Protection from liability

The protection from liability under section 94D extends to the protection of the following persons when carrying out a function or exercising a power in relation to a person subject to an alcohol intervention order:

(a) the Director;

(b) a probation officer;

(c) a person assisting the Director or a probation officer.

Division 2 – Amendment of Sentencing Act

Principal Act amended

This Division amends the Sentencing Act.

Amendment of section 3 (Interpretation)

Section 3(1) –

insert (in alphabetical order)

"Alcohol Court" means the Alcohol Court established by the Alcohol Court Act;

Amendment of section 4 (Application)

(1) Section 4 –

omit

This

substitute

(1) This

(2) Section 4, at the end –

insert

(2) In applying this Act to the Alcohol Court, if there is an inconsistency between the Alcohol Court Act and this Act, the Alcohol Court Act prevails to the extent of the inconsistency.

Division 3 – Further amendments

Amendment of Evidence Act

(1) This section amends the Evidence Act.

(2) Section 49, definition of "Territory court" –

omit, substitute

"Territory court" means the following:

(a) the Supreme Court;

(b) the Local Court;

(c) the Court of Summary Jurisdiction;

(d) the Family Matters Court;

(e) the Juvenile Court;

(f) a warden's court;

(g) the Work Health Court;

(h) the Alcohol Court;

(i) a coroner;

(j) a tribunal;

(k) for this Division and Division 2 – any person acting judicially;

Amendment of Records of Depositions Act

(1) This section amends the Records of Depositions Act.

(2) Section 4(f) and (g) –

omit, substitute

(f) the Work Health Court;

(g) the warden's courts;

(h) the Alcohol Court.

Amendment of Court Security Regulations

(1) This section amends the Court Security Regulations.

(2) After regulation 2(1)(d) –

insert

(e) the Alcohol Court established by section 6 of the Alcohol Court Act.

PART 6 – expiry of act

Expiry

This Act expires on the day after it commences.

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