LIQUOR LEGISLATION AMENDMENT BILL 2008

Serial 134
Liquor Legislation Amendment Bill 2008
Dr Burns

A Bill for an Act to amend the Liquor Act and Liquor Regulations, and for other purposes

An Act to amend the Liquor Act and Liquor Regulations, and for other purposes

The Legislative Assembly of the Northern Territory enacts as follows:

This Act may be cited as the Liquor Legislation Amendment Act 2008.

(1) This Act, other than section 5, commences on the date fixed by the Administrator by Gazette notice.

(2) Section 5 is taken to have commenced at the commencement of the Liquor Amendment Regulations 2007.

Part 2 Amendment of Liquor Act
Act amended

(1) This section applies to a sale of liquor to an individual under a licence prescribed by regulation.

(2) The Minister may establish an identification system for determining whether the individual is subject to a prohibition covered by any of the following provisions:

(a) a prohibition order or alcohol intervention order under the Alcohol Court Act;

(b) a bail condition as defined in the Bail Act (otherwise than for a bail granted under Part III of the Act) relating to liquor;

(c) a condition of a court order under the Domestic Violence Act or the Domestic and Family Violence Act relating to liquor;

(d) a provision under a law in force in the Territory prescribed by regulation.

(3) For subsection (2), a scanner must be given to the licence holder:

(a) to enable a person who may sell liquor under the licence (the authorised seller) to scan an identification of the individual; and

(b) to indicate to the seller whether the individual is prohibited from buying liquor or liquor of a particular kind or quantity.

(4) The identification must be one of the following (an approved identification):

(5) Each of the following requirements is a condition of the licence:

(a) the authorised seller must not sell liquor to an individual without scanning an approved identification of the individual with the scanner;

(b) the authorised seller must not sell liquor to an individual contrary to a prohibition mentioned in subsection (2) indicated in the scanner;

(c) except for this Act or another law in force in the Territory, the authorised seller must not disclose or use any information indicated in the scanner;

(d) the authorised seller must not damage or tamper with the scanner or any other component of the system;

(e) any requirement about maintaining the system specified by the Director in writing;

(f) any other requirement specified by regulation for the system.

(6) A person must not contravene a requirement in subsection (5).

(7) It is a defence to a prosecution for the offence if the defendant has a reasonable excuse.

A reasonable excuse for a contravention of the requirement in subsection (5)(a) or (b) may be based on a failure of the system to operate properly for reason other than the defendant's conduct.

(8) The Director may, by Gazette notice, exempt a licence from a requirement in subsection (5) for a specified period.

Part 3 Liquor Regulations
Effect of Liquor Amendment Regulations 2007

The Liquor Amendment Regulations 2007 (Subordinate Legislation No. 41 of 2007) are taken to have amended the Liquor Regulations.

(1) This section amends the Liquor Regulations.

(2) Regulation 3, definition infringement offence, before "75(1B)"

Section 31A(1) of the Act applies to a sale of liquor for consumption away from licensed premises under a licence having any of the following licence numbers:

80901791	80117506	80902690
81301673	81200500	80902628
80316511	80900058	80902856
80101789	81200372	80902573
80100963	80102399	80902634
80900131	80102200	80902567
80900042	80902640	80901729
80900070	80902951
80900703	80902945

Northern Territory Bills

LIQUOR LEGISLATION AMENDMENT BILL 2008