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This is a Bill, not an Act. For current law, see the Acts databases.
LIQUOR LEGISLATION AMENDMENT BILL 2007
Serial 113
Liquor Legislation
Amendment Bill 2007
Dr
Burns
AN ACT
to
amend the Liquor Act, and for related purposes
NORTHERN TERRITORY OF
AUSTRALIA
Liquor Legislation AMENDMENTACT
2007
____________________
Act No. [ ] of 2007
____________________
TABLE OF PROVISIONS
Section
NORTHERN TERRITORY OF
AUSTRALIA
____________________
Act No. [ ] of 2007
____________________
AN ACT
[Assented to [ ]
2007]
[Second reading [ ]
2007]
The Legislative Assembly of the Northern Territory enacts
as follows:
Short title
This Act may be cited as the Liquor Legislation
Amendment Act 2007.
Commencement
This Act commences on the date fixed by the Administrator by
Gazette notice.
Act amended
This Part amends the Liquor Act.
Amendment of section 4 (Interpretation)
(1) Section 4(1), definitions "condition", "permit" and
"restricted area"
omit
(2) Section 4(1)
insert (in alphabetical order)
"community" includes an individual member and a group of
members of a community;
"condition", of a licence, means a condition of the licence
determined or varied under Part III;
"permit" means:
(a) for Part VIII – a permit mentioned in section 87
or 89A; or
(b) for Part VIIIAA – a permit mentioned in section
101AI;
"relevant offence" means:
(a) for Part VIII – see section 94A or 101AA;
or
(b) for Part VIIIAA – see section
101AM;
"special restricted area" means a special restricted area
declared under section 101AD;
"thing", in relation to a relevant offence, means a
thing:
(a) that is used in the commission of the offence;
or
(b) that may be used as evidence in proceedings for the
prosecution of the offence.
Repeal and substitution of Part III, Division 2
heading
Part III, Division 2, heading
repeal, substitute
Division
2 – Conditions of licence generally
Amendment of section 32A (Variation of conditions on
application by licensee)
After section 32A(9)
insert
(10) In this section:
"condition", of a licence, does not include a condition
determined under Division 2AA.
Amendment of section 33 (Commission may vary
conditions)
After section 33(5)
insert
(6) In this section:
"condition", of a licence, does not include a condition
determined under section 33AA.
New Part III, Division 2AA
After section 33
insert
Division
2AA – Additional conditions determined by
Minister
33AA. Minister's
power to determine additional licence conditions
(1) The Minister may determine additional conditions of a
licence if the Minister thinks the determination is urgently needed for the
wellbeing of the communities that might be affected by the operation of the
licence.
(2) Without limiting subsection (1), the Minister may
determine any of the following conditions under that
subsection:
(a) a condition about when the licensed premises may be open
for the sale of liquor;
(b) a condition about the type of liquor that may be sold on
the premises;
(c) a condition about the amount of liquor that may be sold
for consumption away from the premises;
(d) a condition requiring proof of the purchaser's identity
for a sale of liquor exceeding an amount prescribed by
regulation;
(e) a condition requiring the keeping of records prescribed
by regulation for the sale.
(3) In determining the conditions, the
Minister:
(a) must have regard to the objects of this Act;
and
(b) may consult with the Commission (and in doing so, may
seek information, advice or a recommendation from the
Commission).
(4) The Minister must table a copy of the determination in
the Legislative Assembly within 6 sitting days after making the
determination.
(5) A condition of the licence determined under subsection
(1) prevails to the extent to which it is inconsistent with a condition of the
licence determined by the Commission.
Amendment of Part III, Division 2A heading
Part III, Division 2A, heading
omit
for liquor
Amendment of section 33C (Special conditions of
licences)
Section 33C(2)
omit
on the issue of a licence under section 31 or by varying the
conditions of a licence under section 33.
substitute
under section 31, 33 or 33AA.
Amendment of section 33E (Retention of credit and debit
cards)
(1) Section 33E(1), after "of liquor"
insert
or other goods at the licensed premises
(2) Section 33E(4), after "record keeping
requirements"
insert
for the sale of liquor
Amendment of section 48A (Power to suspend licence or impose
or vary conditions)
After section 48A(2)
insert
(3) In this section:
"condition", of a licence, does not include a condition
determined under section 33AA.
Amendment of section 49 (Decision on consideration of
complaint)
After section 49(4)
insert
(5) In this section:
"condition", of a licence, does not include a condition
determined under section 33AA.
New section 59A
After section 59
insert
59A. Minister's
power to determine additional licence conditions
(1) The
Minister may determine additional conditions of a special licence if the
Minister thinks the determination is urgently needed for the wellbeing of the
communities that might be affected by the operation of the
licence.
(2) Without limiting subsection (1), the Minister may
determine any of the following conditions under that
subsection:
(a) a condition about when the licensed premises may be open
for the sale of liquor;
(b) a condition about the type of liquor that may be sold on
the premises;
(c) a condition about the amount of liquor that may be sold
for consumption away from the premises;
(d) a condition requiring proof of the purchaser's identity
for a sale of liquor exceeding an amount prescribed by
regulation;
(e) a condition requiring the keeping of records prescribed
by regulation for the sale.
(3) In determining the conditions, the
Minister:
(a) must have regard to the objects of this Act;
and
(b) may consult with the Commission (and in doing so, may
seek information, advice or a recommendation from the
Commission).
(4) The Minister must table a copy of the determination in
the Legislative Assembly within 6 sitting days after making the
determination.
(5) A condition of the licence determined under subsection
(1) prevails to the extent to which it is inconsistent with a condition of the
licence determined by the Commission.
Repeal and substitution of Part VIII heading
Part VIII, heading
repeal, substitute
PART
VIII – GENERAL AND PUBLIC RESTRICTED AREAS
Repeal and substitution of Part VIII, Division 1
heading
Part VIII, Division 1, heading
repeal, substitute
Division
1 – Preliminary matters
Amendment of section 73 (Interpretation)
Section 73(1) and (1A)
omit, substitute
(1) In this Part:
"area of land" includes premises on an area of
land;
"relevant area" means a specified area of land which is, or
proposed to be, a restricted area;
"restricted area" means a general restricted area or public
restricted area.
Repeal and substitution of sections 95 to 101
Sections 95 to 101
repeal, substitute
95. Powers
of search and seizure
(1) An inspector may, without a warrant:
(a) do 1 or more of the following if the inspector
reasonably suspects a relevant offence has been, or is being or likely to be,
committed:
(i) enter and search an area of land (whether or not it is
the general restricted area);
(ii) stop, enter, search, remove and retain a vehicle,
vessel or aircraft (whether or not it is in the general restricted
area);
(iii) stop, detain and search a person in connection with
the exercise of a power under subparagraph (i) or (ii);
(iv) search a thing in connection with the exercise of a
power under subparagraph (i), (ii) or (iii); and
(b) seize a thing found in connection with the exercise of a
power under paragraph (a)(i), (ii), (iii) or (iv) that the inspector reasonably
believes to be related to a relevant offence.
(2) In addition, an inspector may, without a
warrant:
(a) do 1 or more of the following on a random basis for the
detection of a relevant offence that has been, or is being or likely to be,
committed:
(i) stop, enter, search, remove and retain a vehicle
(whether or not it is in the general restricted area);
(ii) stop, detain and search a person (whether or not in
connection with the exercise of a power under
subparagraph (i));
(iii) search a thing in connection with the exercise of a
power under subparagraph (i) or (ii); and
(b) seize a thing in connection with the exercise of a power
under paragraph (a)(i), (ii) or (iii) that the inspector reasonably believes to
be related to a relevant offence.
(3) A person is guilty of an offence if the
person:
(a) obstructs the exercise of a power under subsection (1)
or (2); or
(b) fails to comply with a reasonable request made by the
inspector for the purposes of exercising powers under subsection (1) or
(2).
Maximum penalty: 100 penalty units.
(4) It is a defence to a prosecution for an offence against
subsection (3) if the person has a reasonable excuse.
(5) In exercising a power under this section, an inspector
must carry an identity card provided by the Director that:
states the name and office of the inspector;
and
contains:
the signature of the inspector; and
a photograph of the inspector; and
the verification of the signature and photograph by the
Director.
(6) If an inspector purports to exercise a power under this
section without producing the inspector's identity card when requested to do
so:
(a) the inspector is not authorised to exercise the power;
and
(b) a person is not required to comply with a requirement
made by the inspector.
(7) A person may only be searched under this section by
someone who is of the same gender as the person.
(8) An inspector who seizes a container that the inspector
reasonably believes contains liquor may immediately:
(a) empty the container if it is opened; or
(b) destroy the container (including its content) if it is
unopened.
(9) If the container is not so emptied or destroyed, the
inspector must ensure it is taken to a police station to be
destroyed.
(10) The inspector may use any reasonable force or
assistance in acting under this section.
(11) A police officer is taken to be an inspector for this
section (except subsections (5) and (6)).
96. Holding
of seized thing
The Commissioner of Police must keep a thing seized, but not
destroyed, under section 95 in the Commissioner's custody until it is otherwise
dealt with under this Division.
97. Commissioner
of Police may release seized thing
(1) A person who owns, or has an interest in, the thing may
apply to the Commissioner of Police for its release.
(2) The application must be made within 60 days after the
seizure of the thing or that period as extended by the
Commissioner.
(3) The application may be made only if:
(a) the thing has not been forfeited under section 99;
and
(b) the applicant is not being charged with a relevant
offence to which the thing is related; and
(c) if someone has been charged with such an offence –
the proceedings for the prosecution of the offence are
continuing.
(4) The Commissioner must, within 14 days after the
application is made or that period as extended by the
Commissioner:
(a) approve the application by releasing the thing to the
applicant; or
(b) refuse the application.
(5) The Commissioner may release the thing to the applicant
only if the Commissioner is satisfied:
(a) the applicant owns, or has an interest in, the thing;
and
(b) the applicant did not know or could not reasonably have
known about the commission of the offence.
(6) Despite subsection (5), the Commissioner may refuse the
application if the Commissioner decides it is inappropriate for the Commissioner
to release the thing, having regard to:
(a) the evidential value of the thing for any proceedings
for the prosecution of a relevant offence; and
(b) any other matters the Commissioner considers relevant in
deciding the application.
(7) The release of the thing under subsection (4)(a) is
subject to:
(a) any conditions specified by the Commissioner;
and
(b) any order made under section 98 at a later
time.
(8) The Commissioner may:
(a) extend the period mentioned in subsection (2) or (4)
more than once; but
(b) must do so before the expiry of the period or the period
as extended under that subsection.
(9) The Commissioner may invite anyone who appears to own,
or have an interest in, the thing to make an application under this
section.
98. Court
may release or dispose of seized thing
(1) A person who owns, or has an interest in, the thing may
apply to the Local Court for an order under this section if:
(a) the thing has not been forfeited under section 99;
and
(b) proceedings for the prosecution of a relevant offence to
which the thing is related have ended; and
(c) the person:
(i) was not the defendant in the proceedings;
or
(ii) was the defendant in the proceedings but was found not
guilty of the offence.
(2) The application must be made within 60 days after the
end of the proceedings or that period as extended by the court.
(3) The applicant must give notice of the application to the
Commissioner of Police.
(4) The Local Court:
(a) must make an order under this section if the court is
satisfied:
(i) the applicant owns, or has an interest in, the thing;
and
(ii) the applicant did not know or could not reasonably have
known about the commission of the offence; and
(b) otherwise – must refuse the
application.
(5) An order under this section must:
(a) state whether the applicant owns, or has an interest in,
the thing; and
(b) if the applicant has an interest in the thing –
state the nature and value of the interest as at the time of the making of the
order; and
(c) direct that:
(i) the thing be released to the applicant;
or
(ii) the
thing be disposed of in a specified way and all or a specified part of the
proceeds from the disposal be paid to the applicant and any other specified
persons.
(6) The
Court may extend the period mentioned in subsection (2) only on the application
of the Commissioner of Police.
(7) The Court:
(a) may extend the period more than once;
but
(b) must do so before the expiry of the period or the period
as extended under subsection (2).
99. Forfeiture
of seized thing
(1) A thing seized under section 95 that is not destroyed
under that section is forfeited to the Territory if:
(a) no application for the thing has been made under section
97 within the period mentioned in section 97(2), or such an application has been
made and is refused; and
(b) 1 of the following applies:
(i) no application for the thing has been made under section
98 within the period mentioned in section 98(2);
(ii) such an application has been made and is
refused;
(iii) such an application has been made and an order
("disposal order") containing a direction mentioned in section 98(5)(c)(ii)
is made for the thing.
(2) Except as provided in a disposal order, the Commissioner
of Police may dispose of the thing as the Commissioner considers
appropriate.
(3) Any proceeds from the disposal must be paid in the
following order of priority:
(a) first – the expenses for the
sale;
(b) second – the cost of holding and removing the
thing;
(c) third – any payment under a disposal
order;
(d) fourth – the Central Holding
Authority.
New Part VIIIAA
After section 101AC
insert
PART
VIIIAA – SPECIAL RESTRICTED AREAS
Division
1 – General matters
101AD. Minister's
power in regard to special restricted area
(1) The Minister may, by Gazette notice, declare a
specified area of land to be a special restricted area if the Minister thinks
the declaration is urgently needed for the wellbeing of the communities in and
near the area.
(2) The declaration has effect:
(a) from the date of the notice or a later date specified in
the notice; and
(b) for the period specified in the notice.
(3) The Minister may, before the expiry of the
period:
(a) extend the period by Gazette notice;
or
(b) revoke the declaration by Gazette
notice.
(4) The declaration may be extended more than
once.
(5) In making the declaration, the
Minister:
(a) must have regard to the objects of this Act;
and
(b) may consult with the Commission (and in doing so, may
seek information, advice or a recommendation from the
Commission).
(6) If the area is, or includes, a general or public
restricted area, the declaration of the general or public restricted area is
suspended while the declaration under subsection (1) is in
force.
(7) However, the declaration of the general or public
restricted area is in force again when the declaration under subsection (1)
ceases to be in force.
(8) The Minister must table a copy of each notice under
subsection (1) or (3) in the Legislative Assembly within 6 sitting days after
making the notice.
101AE. Prohibitions
for special restricted areas
A person must not engage in any of the following
acts:
(a) bringing liquor into a special restricted
area;
(b) having liquor in the person's possession in the
area;
(c) supplying or engaging in conduct for the supply of
liquor in the area;
(d) consuming or otherwise disposing of liquor in the
area.
Maximum penalty: $1 000 or imprisonment for
6 months.
(2) It is a defence for an offence against subsection (1) if
the act is carried out:
(a) for a religious service conducted by a person approved
by the Director in the area; or
(b) in accordance with a permit for the area, or a licence
for licensed premises in the area, that is in force.
(3) It is a defence for an offence against subsection (1)(a)
or (b) if the defendant proves:
(a) the liquor is in unopened containers;
and
(b) the act is carried out for transporting the liquor to a
place outside the area.
101AF. Notice
of declaration for special restricted area
(1) The Minister must, within 28 days after declaring a
special restricted area, publish a notice of the declaration in a newspaper
circulating in the area.
(2) The notice must specify:
(a) the special restricted area; and
(b) when the declaration has effect; and
(c) any other matters the Minister considers
appropriate.
(3) The Minister:
(a) must, before the declaration takes effect, set up signs
in and near the area publicising the declaration; and
(b) must maintain the signs while the declaration has
effect; and
(c) may publicise the declaration in other way the Minister
considers appropriate.
(4) Without limiting subsection (3), a sign mentioned in
that subsection must specify the following:
(a) the declaration;
(b) the offence against section 101AE;
(c) the penalty for the offence.
(5) If all or part of the area comprises all or part of a
council area, the Minister may enter into an arrangement with the local
government council for each such area for the doing of a thing mentioned in
subsection (3).
101AG. Variation
and revocation of declaration
(1) A declaration of a special restricted area may be varied
or revoked by the Minister by Gazette notice.
Section 101AF applies to the variation or revocation as
if:
(a) a reference to the declaration in section 101AF(1) or
(2) were a reference to the variation or revocation; and
(b) if the proposal relates to a variation – a
reference to the declaration in section 101AF(3) or (4) were a reference to the
declaration as varied; and
(c) if the proposal relates to a revocation – section
101AF(3)(a) and (b) and (4) had been omitted and a reference to the
declaration in section 101AF(3)(c) were a reference to the
revocation.
The Minister may delegate any of the Minister's powers and
functions under this Part (other than section 101AD and this section) to the
Commission.
Division
2 – Permits for special restricted areas
101AI. Application
for permit
(1) A body (whether incorporated or not) or an individual
who is at least 18 years of age may apply for a permit for a special restricted
area for a purpose specified in the application.
(2) Without limiting subsection (1), the purpose may be any
of the following:
(a) a single special event (for example, a wedding or
festival);
(b) special events held periodically or regularly (for
example, a gathering to be held once a month).
101AJ. Minister's
decision
(1) The Minister may:
(a) approve the application by issuing the permit to the
applicant; or
(b) refuse the application.
(2) The Minister must not approve the application
unless:
(a) the Minister has considered the
following:
(i) the likely impact of the issuing of the permit on the
communities in and near the area;
(ii) any view expressed by the communities about the
application; and
(b) the Minister is satisfied the issuing of the permit is
unlikely to harm the communities in any way.
(3) The Minister must specify in the
permit:
(a) the purpose for which the permit is issued;
and
(b) the conditions of the permit.
(4) The Minister must, as soon as practicable after issuing
the permit, give notice to each of the following about the
permit:
(a) if all or part of the special restricted area comprises
all or part of a council area – the local government council for each
such area;
(b) the person in charge of the police station that is
closest to the special restricted area.
(1) A person may do any of the things mentioned in section
101AE(1) in the special restricted area in accordance with the conditions of the
permit.
(2) A person must not contravene a condition of the
permit.
Maximum penalty: $1 000 or imprisonment for
6 months.
101AL. Variation,
suspension or revocation of permit
(1) The Minister may vary, suspend or revoke the permit by
written notice given to the permit holder.
(2) Without limiting subsection (1), the Minister may
suspend or revoke the permit if the holder of the permit contravenes a condition
of the permit.
(3) The Minister may specify conditions under which the
permit is suspended.
(4) A person must not contravene any of the
conditions.
Maximum penalty: $1 000 or imprisonment for
6 months.
Division
3 – Search and seizure
This Division applies to an offence against a provision in
this Part in relation to a special restricted area (a "relevant
offence").
Note
The provisions in this Division are similar, but not identical to, the
provisions for a general restricted area in Part VIII, Division 3.
The major difference between these provisions is that, under this
Division, a person who is charged with a relevant offence or found guilty of
such an offence may apply for the release of a thing seized by an inspector,
which is not allowed under Part VIII, Division 3.
101AN. Powers
of search and seizure
(1) An
inspector may, without a warrant:
(a) do 1 or more of the following if the inspector
reasonably suspects a relevant offence has been, or is being or likely to be,
committed:
(i) enter and search an area of land (whether or not it is
the special restricted area);
(ii) stop, enter, search, remove and retain a vehicle,
vessel or aircraft (whether or not it is in the special restricted
area);
(iii) stop, detain and search a person in connection with
the exercise of a power under subparagraph (i) or (ii);
(iv) search a thing in connection with the exercise of a
power under subparagraph (i), (ii) or (iii); and
(b) seize a thing found in connection with the exercise of a
power under paragraph (a)(i), (ii), (iii) or (iv) that the inspector reasonably
believes to be related to a relevant offence.
(2) In addition, an inspector may, without a
warrant:
(a) do 1 or more of the following on a random basis for the
detection of a relevant offence that has been, or is being or likely to be,
committed:
(i) stop, enter, search, remove and retain a vehicle
(whether or not it is in the special restricted area);
(ii) stop, detain and search a person (whether or not in
connection with the exercise of a power under
subparagraph (i));
(iii) search a thing in connection with the exercise of a
power under subparagraph (i) or (ii); and
(b) seize any thing in connection with the exercise of a
power under paragraph (a)(i), (ii) or (iii) that the inspector reasonably
believes to be related to a relevant offence.
(3) A person is guilty of an offence if the
person:
(a) obstructs the exercise of a power under subsection (1)
or (2); or
(b) fails to comply with a reasonable request made by the
inspector for the purposes of exercising powers under subsection (1) or
(2).
Maximum penalty: 100 penalty units.
(4) It is a defence to a prosecution for an offence against
subsection (3) if the person has a reasonable excuse.
(5) In exercising a power under this section, an inspector
must carry an identity card provided by the Director that:
states the name and office of the inspector;
and
contains:
the signature of the inspector; and
a photograph of the inspector; and
the verification of the signature and photograph by the
Director.
(6) If an inspector purports to exercise a power under this
section without producing the inspector's identity card when requested to do
so:
(a) the inspector is not authorised to exercise the power;
and
(b) a person is not required to comply with a requirement
made by the inspector.
(7) A person may only be searched under this section by
someone who is of the same gender as the person.
(8) An inspector who seizes a container that the inspector
reasonably believes contains liquor may immediately:
(a) empty the container if it is opened; or
(b) destroy the container (including its content) if it is
unopened.
(9) If the container is not so emptied or destroyed, the
inspector must ensure it is taken to a police station to be
destroyed.
(10) The inspector may use any reasonable force or
assistance in acting under this section.
(11) A police officer is taken to be an inspector for this
section (except subsections (5) and (6)).
101AO. Holding
of seized thing
The Commissioner of Police must keep a thing seized, but not
destroyed, under section 101AN in the Commissioner's custody until it is
otherwise dealt with under this Division.
101AP. Commissioner
of Police may release seized thing
(1) A person who owns, or has an interest in, the thing may
apply to the Commissioner of Police for its release.
(2) The application must be made within 60 days after the
seizure of the thing or that period as extended by the
Commissioner.
(3) The application may be made only if:
(a) the thing has not been forfeited under section 101AR;
and
(b) if someone has been charged with such an offence –
the proceedings for the prosecution of the offence are
continuing.
(4) The Commissioner must, within 14 days after the
application is made or that period as extended by the
Commissioner:
(a) approve the application by releasing the thing to the
applicant; or
(b) refuse the application.
(5) The Commissioner may release the thing to the applicant
only if the Commissioner is satisfied the applicant owns, or has an interest in,
the thing.
(6) Despite subsection (5), the Commissioner may refuse the
application if the Commissioner decides it is inappropriate for the Commissioner
to release the thing, having regard to:
(a) the evidential value of the thing for any proceedings
for the prosecution of a relevant offence; and
(b) any other matters the Commissioner considers relevant in
deciding the application.
(7) The release of the thing under subsection (4)(a) is
subject to:
(a) any
conditions specified by the Commissioner; and
(b) any order made under section 101AR at a later
time.
(8) The Commissioner may:
(a) extend the period mentioned in subsection (2) or (4)
more than once; but
(b) must do so before the expiry of the period or the period
as extended under that subsection.
(9) The
Commissioner may invite anyone who appears to own, or have an interest in, the
thing to make an application under this section.
101AQ. Court
may release or dispose of seized thing
(1) A person who owns, or has an interest in, the thing may
apply to the Local Court for an order under this section if:
(a) the thing has not been forfeited under section 101AR;
and
(b) proceedings for the prosecution of a relevant offence to
which the thing is related have ended (whether or not the person is the
defendant in the proceedings).
(2) The application must be made within 60 days after the
end of the proceedings or that period as extended by the court.
(3) The applicant must give notice of the application to the
Commissioner of Police.
(4) The Local Court:
(a) must make an order under this section if the Court is
satisfied the applicant owns, or has an interest in, the thing;
or
(b) otherwise – must refuse the
application.
(5) An order under this section must:
(a) state whether the applicant owns, or has an interest in,
the thing; and
(b) if the applicant has an interest in the thing –
state the nature and value of the interest as at the time of the making of the
order; and
(c) direct that:
(i) the thing be released to the applicant;
or
(ii) the thing be disposed of in a specified way and all or
a specified part of the proceeds from the disposal be paid to the applicant and
any other specified persons.
(6) The Court may extend the period mentioned in subsection
(2) only on the application of the Commissioner of Police.
(7) The Court:
(a) may extend the period more than once;
but
(b) must do so before the expiry of the period or the period
as extended under subsection (2).
101AR. Forfeiture
of seized thing
(1) A thing seized under section 101AN that is not destroyed
under that section is forfeited to the Territory if:
(a) no application for the thing has been made under section
101AP within the period mentioned in section 101AP(2), or such an application
has been made and is refused; and
(b) 1 of the following applies:
(i) no application for the thing has been made under
section 101AQ within the period mentioned in
section 101AQ(2);
(ii) such an application has been made and is
refused;
(iii) such an application has been made and an order
("disposal order") containing a direction mentioned in
section 101AQ(5)(c)(ii) is made for the thing.
(2) Except as provided in a disposal order, the Commissioner
of Police must dispose of the thing as the Commissioner considers
appropriate.
(3) Any proceeds from the disposal must be paid in the
following order of priority:
(a) first – the expenses for the
sale;
(b) second – the cost of holding and removing the
thing;
(c) third – any payment under a disposal
order;
(d) fourth – the Central Holding
Authority.
101AS. Contravention
notice
(1) A police officer may give a contravention notice to a
person if the officer:
(a) reasonably believes the person has committed a relevant
offence (the "alleged offence"); and
(b) has seized 1 or more unopened containers of liquor under
section 101AN in relation to the alleged offence; and
(c) does not intend to make a complaint or serve an
infringement notice for the alleged offence.
(2) The contravention notice must specify:
(a) the name of the person; and
(b) the date, time and area of the alleged offence;
and
(c) a description of the alleged offence and the
circumstances causing the officer to believe the offence was committed;
and
(d) a description of the liquor seized by the officer;
and
(e) the name and rank of the officer; and
(f) the police station to which the officer is attached;
and
(g) a statement that the alleged offender may choose to have
the matter dealt with by the Court of Summary Jurisdiction by making an
application under section 101AT.
(3) The police officer in charge of the police station must
send a copy of the notice to the Court of Summary Jurisdiction.
101AT. Application
to court by alleged offender
(1) The person may apply to the Court of Summary
Jurisdiction for the alleged offence to be dealt with by the
Court.
(2) The application must be:
(a) made within 28 days after the date of the alleged
offence; and
(b) in writing; and
(c) accompanied by a copy of the contravention
notice.
On receiving the application, the clerk of the court
must:
fix a time and date for the court to deal with the matter;
and
notify the following persons of the time and
date:
the alleged offender;
the police officer in charge of the police
station.
The date fixed by the clerk must not be earlier than
14 days after the last day the alleged offender is permitted by this
section to make the application.
101AU. How
court deals with alleged offence
(1) The contravention notice is taken to be a complaint
alleging the person specified in the notice committed the offence at the time
and place, and in the circumstances, specified in the notice.
(2) If a court receives 2 or more applications under section
101AT and is satisfied the alleged offences arose out of the same facts, the
Court may deal with the applications together.
101AV. Court
order if no application under section 101AT
If a person who is given a contravention notice does not
make an application under section 101AT, the Court of Summary Jurisdiction may
make an order that the person committed the alleged offence as specified in the
notice.
101AW. Interest
in destroyed liquor
(1) The interest that a person had in any liquor destroyed
because of section 101AN is taken to have become, on the destruction, an
interest in an amount of money equal to the liquor's value.
(2) The interest in the amount is forfeited to the Territory
if:
an order is made under section 101AV for a relevant
offence in relation to the liquor; or
a court otherwise finds a person guilty of a relevant
offence in relation to the liquor.
(3) If subsection (2) does not apply, a person who has the
interest in the amount may seek compensation for the interest in the court of
competent jurisdiction.
(4) Without limiting subsection (3), a court that finds a
person not guilty of a relevant offence in relation to the liquor may make an
order of compensation for the interest in the amount.
New Part XV
After section 137
insert
PART
XV – Transitional matters for liquor
legislation amendment act 2007
(1) This section applies if:
(a) a permit is in force in relation to a general or public
restricted area; and
(b) the declaration of the restricted area is suspended
because of section 101AD.
(2) The permit has force, during the suspension, as if it
had been issued under section 101AJ.
(1) This section applies if:
(a) a licence or special licence is in force in relation to
premises in a general or public restricted area; and
(b) the declaration of the restricted area is suspended
because of section 101AD.
(2) The licence has force, during the suspension, as if any
provisions for the licence relating to the general or public restricted area
were related to the special restricted area giving rise to the
suspension.
140. Savings
– seized thing
(1) This section applies to anything that was seized under
section 95 if it has not been released or disposed of under this Act before the
commencement of the Liquor Legislation Amendment Act
2007.
(2) The thing must be dealt with under this Act as in force
after that commencement.
Further amendments
The Schedule has effect.
amendment Of liquor regulations
Amendment of Liquor Regulations
(1) This section amends the Liquor
Regulations.
(2) Regulation 3, definition "infringement offence", after
"75(1B)"
insert
, 101AE(1), 101AK(2)
Section
|
Provision
|
Amendment
|
|
omit
|
substitute
|
|
Sections 101N(2)(f) and (3), 101P and
101Q(1)
|
a court of summary jurisdiction
|
the Court of Summary Jurisdiction
|
|
Section 101Q(3) and (4)
|
court
(all
references)
|
Court
|
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