Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) The Secretary may, by notice in writing to a person convicted of an offence against this Act, prohibit the person from operating a business that provides health care services.
(2) The prohibition may be expressed to be:
(a) for a fixed period (in which case the prohibition remains in force only for the fixed period); or
(b) for an unlimited period subject to an entitlement to apply after a specified time for the lifting of the prohibition (in which case the prohibition remains in force until it is lifted).
(3) A prohibition may not be imposed under this section unless the Secretary is of the opinion that the person is not a fit and proper person to operate a business that provides health care services.
(4) The Secretary is entitled to presume, in the absence of evidence to the contrary, that a person who has been convicted of an offence against this Act on 2 or more occasions in any period of 10 years is not a fit and proper person to operate a business that provides health care services.
(5) A prohibition under this section may be limited in its operation in either or both of the following ways:
(a) it may be limited to specified premises, but only where the person operates a business that provides health care services at those premises and at other premises;
(b) it may be limited to premises within a specified area.
(6) If a prohibition under this section is subject to an entitlement to apply after a specified time for the prohibition to be lifted, the application may be made to the Secretary after that time.
(7) The Secretary may lift the prohibition or confirm the prohibition and set a further period after which an application for the prohibition to be lifted can be made under subsection (6).
(8) A person must not operate a business that provides health care services in contravention of a prohibition under this section.
Penalty: 500 penalty units.
(9) If health care services are provided on premises on which a business is carried on, it must be presumed for the purposes of subsection (8), unless the contrary is established, that the business provides those health care services.
(10) A prohibition under this section has no effect while an appeal is pending against the conviction for the offence on which the prohibition is based.
(11) In this section:
"Secretary" means the Chief Executive Officer of the Agency responsible for the administration of this Act.