NORTHERN TERRITORY OF AUSTRALIA LIQUOR ACT As in force at 1 July 2008 TABLE OF PROVISIONS Part I Preliminary 1 Short title 1 2 Commencement 1 3 Objects 1 4 Interpretation 2 5 Application 5 6 Public interest criteria in respect of licence or licensed premises 6 Part II Administration Division 2 Assessors 14 Assessors 8 15 Tenure and remuneration 8 16 Commission to seek advice of assessor 8 Division 3 Inspectors 18 Inspectors 9 19 Inspector's powers 9 Division 4 General 20 Assessors not to act where interested 11 22 Delegation by Commission 12 23 Protection of members 13 Part III Licences Division 1 Issue of Licence 23A Meaning of associate 14 24 Licences 15 25 Body corporate as licensee 15 26 Application for licence 16 26A Disclosure of influential persons or potential beneficiaries 16 27 Notice of application 18 28 Assessment of applications 18 29 Decision after consideration of application 20 30 Duration of licence 20 Division 2 Conditions of licence generally 31 Conditions of licence 20 31A Conditions about identification system 22 32 Objects etc. to be considered in determining conditions 23 32A Variation of conditions on application by licensee 24 33 Commission may vary conditions 25 Division 2AA Additional conditions determined by Minister 33AA Minister's power to determine additional licence conditions 26 Division 2A Special conditions of certain licences about payment 33A Definitions 27 33B Application of Division 27 33C Special conditions of licences 28 33D Payment for liquor 28 33E Retention of credit and debit cards 28 33F Exemptions 29 33G Deciding application 29 33H Notice of decision 29 33I Compliance with conditions 29 Division 4 Surrender of Licence 39 Surrender of licence 30 Division 5 Transfer of Licence 40 Transfer of licence 30 41 Application for transfer 30 43 Consideration of application 31 44 Director may be directed to apply for cancellation 31 45 Certificate of transfer 31 46 Liabilities and privileges of transferor and transferee 31 46A Substitution of premises 31 47 Acting licensee 33 47A Continuation of licence after death 34 47B Licence to lapse in certain circumstances 34 47C Conduct of business after death 34 47D Conduct of business after bankruptcy, &c. 35 47E Licensee by endorsement 35 Part IV Objections and complaints 47F Person may object to certain applications 35 47G Applicant to be given opportunity to reply to objection 37 47H Facts specified as constituting objection delimits inquiry etc. in relation to objection 37 47I Decision on whether objection to proceed to hearing 37 47J Review of member's decision to dismiss objection 38 48 Complaints 39 48A Power to suspend licence or impose or vary conditions 40 49 Decision on consideration of complaint 40 49A Licence may be suspended if drug premises order made 41 Part V Hearings 50 Commission to conduct hearing in certain circumstances 42 51 Procedure at hearing 43 52 Power to summon witnesses 45 53 Failure to attend or produce documents 45 54 Refusal to be sworn or give evidence 45 55 Member may inspect books, &c. 46 56 Decision of Commission to be final 46 Part VI Special licences 57 Special licences 46 58 Application for special licence 46 59 Conditions of special licence 47 59A Minister's power to determine additional licence conditions 47 60 Issue of special licence by Director 48 61 Application to be submitted to Commission in certain circumstances 48 62 Decision on consideration by Commission 48 63 Revocation of special licence 49 64 Application of certain provisions to special licences 49 Part VII Control of conduct of licensees Division 1 Directions to licensees 65 Commission's power to give directions 49 66 Commission's power to suspend licence 50 Division 2 Guidelines 67 Guidelines 51 Division 3 Cancellation of licences 68 Compulsory applications 51 69 Other applications 51 70 Procedure of application 51 71 Consideration by Commission 52 72 Cancellation of licence 52 Part VIII General and public restricted areas Division 1 Preliminary matters 73 Interpretation 54 74 Power to declare restricted area 55 75 Prohibitions for restricted areas 55 76 Application for declaration 56 Division 1A Declaration of general restricted area 76A Application 56 77 Consideration of application 57 78 Opinions regarding application 57 79 Commission to ascertain residents' opinions 58 80 Commission to consider opinions expressed regarding application 58 81 Decision after hearing 58 82 Notice of declaration 59 83 Commencement of declaration 59 84 Revocation of declaration 60 85 Commission to ensure publicity of declaration 60 86 Not an offence to transport liquor through general restricted area 60 Division 1B Declaration of public restricted area 86A Application 60 86B Consideration of application 60 86C Inquiry by Commission 60 86D Matters the Commission must take into account 61 86E Decision of Commission 62 86F Notice of declaration 63 86G Revocation and amendment of declaration 63 Division 2 Permits 87 Permit for general restricted area 64 88 Guest of permit holder may consume liquor 65 89 Person may deliver liquor to permit holder at holder's request 65 89A Permit for public restricted area 65 90 Application for permit 66 91 Consideration of application 66 92 Decision after consideration 67 93 Permit revoked on breach of condition 67 94 Revocation of permit by Commission 67 Division 3 Powers of entry, search and seizure for general restricted areas 94A Application 67 95 Powers of search and seizure 67 96 Holding of seized thing 69 97 Commissioner of Police may release seized thing 69 98 Court may release or dispose of seized thing 71 99 Forfeiture of seized thing 72 Division 4 Powers of search and seizure for public restricted areas 101AA Application 73 101AB Police powers of search and seizure 73 101AC Contravention notice 73 Part VIIIAA Special restricted areas Division 1 General matters 101AD Minister's power in regard to special restricted area 74 101AE Prohibitions for special restricted areas 75 101AF Notice of declaration for special restricted area 75 101AG Variation and revocation of declaration 76 101AH Delegation 77 Division 2 Permits for special restricted areas 101AI Application for permit 77 101AJ Minister's decision 77 101AK Effect of permit 78 101AL Variation, suspension or revocation of permit 78 Division 3 Search and seizure 101AM Application 78 101AN Powers of search and seizure 79 101AO Holding of seized thing 81 101AP Commissioner of Police may release seized thing 81 101AQ Court may release or dispose of seized thing 82 101AR Forfeiture of seized thing 83 101AS Contravention notice 84 101AT Application to court by alleged offender 84 101AU How court deals with alleged offence 85 101AV Court order if no application under section 101AT 85 101AW Interest in destroyed liquor 85 Part VIIIA Restricted premises Division 1 Declaration of restricted premises 101A Definitions 86 101B Power to declare restricted premises 87 101C Application for declaration of restricted premises 87 101D Commission to consult regarding application 88 101E Decision after consultation 88 101F Notice of declaration 89 101G Commencement of declaration 89 101H Variation of declaration 89 101J Lapse of declaration 89 101K Revocation of declaration 90 Division 2 Offences, seizure and forfeiture 101L Offences in relation to restricted premises 90 101M Police powers of entry, search and seizure 90 101N Service of contravention notice 91 101P Court order if no application under section 101Q 92 101Q Application to court by alleged offender in contravention notice 92 101R How Court deals with offence alleged in contravention notice 92 101S Interest in destroyed liquor 93 Part IX Obligations and offences Division 1 Licensees 102 Liquor not to be sold to intoxicated person 93 103 Licensee not to sell adulterated liquor 93 104 Persons on licensed premises after hours 93 105 Permitting riotous conduct on or at licensed premises 94 106 Commission may declare licensed premises prohibited areas for minors 94 106A Minors on licensed premises 95 106B Licensee or employee not to permit minors to enter, &c., licensed premises 95 106BA Misrepresentation of age by minor 96 106C Supply of liquor to minors 96 106D Definitions of parent and guardian 96 106E Evidence 97 107 Licence to be kept on premises 97 108 Licence to be produced on demand 97 109 Permitting breach of Gaming Control Act 97 110 Licensee to comply with conditions 98 111 Licensee to keep record of liquor purchases 98 112 Licensee to produce record, &c., on demand 99 113 Licensee to lodge return 99 113AA Commission may make inquiries, &c. 99 113AB Licensee liable for understatement, &c. 100 113A Wholesalers of liquor 100 114 Wholesalers to lodge returns 101 Division 2 General 115 Sale of liquor not authorized by licence 101 116 Purchase of liquor not authorized by licence 101 116A Minors not to sell, &c., liquor 102 117 Minors not to be sent to obtain liquor 102 118 Minors not to buy or consume liquor on licensed premises 102 Part X Alteration of premises 119 Approval of material alteration of licensed premises 103 120 Unauthorized alterations 104 Part XI Miscellaneous 121 Power to exclude or remove persons 105 122 Prohibition notice 106 122A Duplicate licences, &c. 107 123 Surrender of cancelled or suspended licence, special licence or permit 107 123A Prosecution of licensee for actions of employee 107 124 Offences, penalties, &c. 107 124AAA Additional penalty 108 124AA Regulatory offences 108 124A Averments in complaints 109 124B Results of breath analysis as evidence 109 125 Delivery of documents by post 109 126 Commission may determine on procedures 110 127 Commission may extend or abridge time 110 128 Regulations 110 128A Acquisitions to be on just terms 111 Part XII Transitional matters for Liquor Act 1978 130 Saving of inspectors' appointments 112 132 References to repealed Ordinance 112 Part XIII Transitional matters for Antisocial Behaviour (Miscellaneous Amendments) Act 2006 133 Definitions 112 134 Condition of licence relating to prohibition notice 112 135 Continued application of existing prohibition order 112 136 Continued application of repealed section 122 113 Part XIV Transitional matters for Liquor Amendment Act 2006 137 Savings - restricted areas 113 Part XV Transitional matters for Liquor Legislation Amendment Act 2007 138 Savings - permit 113 139 Savings - licence 114 ENDNOTES NORTHERN TERRITORY OF AUSTRALIA ____________________ This reprint shows the Act as in force at 1 July 2008. Any amendments that commence after that date are not included. ____________________ LIQUOR ACT An Act to provide for the regulation of the sale, provision, promotion and consumption of liquor, and for related purposes Part I Preliminary 1 Short title This Act may be cited as the Liquor Act. 2 Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. 3 Objects (1) The primary object of this Act is to regulate the sale, provision, promotion and consumption of liquor: (a) so as to minimise the harm associated with the consumption of liquor; and (b) in a way that takes into account the public interest in the sale, provision, promotion and consumption of liquor. (2) The further objects of this Act are: (a) to protect and enhance community amenity, social harmony and wellbeing through the responsible sale, provision, promotion and consumption of liquor; (b) to regulate the sale of liquor in a way that contributes to the responsible development of the liquor and associated industries in the Territory; and (c) to facilitate a diversity of licensed premises and associated services for the benefit of the community. (3) When the Commission exercises a power or performs a function under this Act, the Commission must have regard to the objects of this Act and must exercise the power and perform the function in a way that is consistent with those objects. 4 Interpretation (1) In this Act, unless the contrary intention appears: assessor means an assessor appointed under section 14. Chairperson means: (a) the Chairperson of the Commission appointed under section 6 of the Northern Territory Licensing Commission Act; or (b) a person appointed to act as the Chairperson under section 8 of that Act while acting as the Chairperson. Commission means the Northern Territory Licensing Commission established by section 4 of the Northern Territory Licensing Commission Act. 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. contravention notice means: (a) a public restricted area contravention notice mentioned in section 101AC(1). or (b) a restricted premises contravention notice mentioned in section 101N(1). council area means the area for which a council is constituted under the Local Government Act. declaration of restricted premises means a declaration made under Part VIIIA, Division 1. Deputy Director means a Deputy Director of Licensing appointed under section 24 of the Northern Territory Licensing Commission Act. Director means: (a) the Director of Licensing appointed under section 22(1) of the Northern Territory Licensing Commission Act; or (b) a person appointed to act as the Director under section 22(2) of that Act while acting as the Director. general restricted area means a general restricted area declared under section 74(1)(a). hearing means a hearing conducted in accordance with Part V by the Commission. infringement notice means an infringement notice, within the meaning of the Fines and Penalties (Recovery) Act, issued under the Regulations. inspector means an Inspector of Licensed Premises appointed under section 18. licence means a licence issued under Part III. licensed premises means premises in respect of which a licensee is licensed. licensee means a person who holds a licence which is in force for the time being. liquor means a beverage that contains more than 1.15% by volume of ethyl alcohol. local government council means a council constituted under the Local Government Act. material alteration means an alteration to licensed premises which: (a) increases or decreases the area used for the sale of liquor or the sale and consumption of liquor; (b) involves structural alteration; (c) alters access to or egress from the premises; or (d) alters the external appearance or facilities. member means a member of the Commission appointed under section 6 of the Northern Territory Licensing Commission Act. municipality means a municipality within the meaning ascribed to that term in the Local Government Act. 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. premises include an enclosure, place, area of land, vessel or vehicle. private premises means private premises as defined in section 101A. prohibition notice means a notice given to a licensee under section 122. public restricted area, means a public restricted area declared under section 74(1)(b). relevant offence means: (a) for Part VIII - see section 94A or 101AA. or (b) for Part VIIIAA - see section 101AM. repealed Ordinance means the Licensing Ordinance 1939 as in force immediately before the commencement of this Act. restricted premises means private premises, within the meaning of section 101A, which are the subject of a declaration of restricted premises. sell includes: (a) offer or expose for sale; (b) keep or have in possession for sale; and (c) supply for or in expectation of any reward or benefit paid or provided, or to be paid or provided by the person supplied or another person, whether or not any person was or is under an obligation to pay or provide a reward or benefit. special licence means a special licence issued under Part VI. 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. (2) Unless the contrary intention appears, a reference in this Act to a person employed by a licensee includes a reference to a person whose services are provided to a licensee under a contract with the person or another person. 5 Application (1) The provisions of this Act relating to the sale of liquor do not apply to the sale: (a) of spirituous or distilled perfume bona fide as perfumery; or (b) of liquor as a medicine or for medicinal purposes by, or under the direction of, a medical practitioner or pharmacist who has a right of practice under the Health Practitioners Act. (2) A licence or special licence is not required for the sale: (a) of liquor in a naval, military or air force mess, canteen, camp or post by the permission, and under the control of, the naval, military or air force authorities; (b) at a canteen or club established, conducted, maintained or operated in pursuance of the Australian Services Canteens Organization Regulations made under the Defence Act 1903 of the Commonwealth, of liquor by the Australian Services Canteens Organization Board of Management or a person authorized by the Board for that purpose to a person who is permitted to be in that canteen or club; (c) of liquor within the precincts of the Legislative Assembly of the Northern Territory on the authority of the Speaker of the Legislative Assembly; (d) of liquor on a vessel plying to or from a port in the Territory or on that vessel while that vessel is berthed or moored where the sale, keeping or consumption of liquor is: (i) authorized by the master of the vessel; and (ii) is restricted to crew, passengers on board for the purposes of undertaking a voyage of not less than 150 kilometres or bona fide guests on board while the vessel is berthed or moored in a port; (e) of liquor to a passenger with the authority of the pilot on an aircraft in flight; (f) of liquor to a passenger with the authority of the catering officer on a train during a journey; (g) of liquor which has been forfeited under a law of the Territory at a sale by auction conducted by a person who holds a licence granted under the Auctioneers Act; (h) of liquor to a person who is licensed (otherwise than by a special licence issued under Part VI) or authorized to sell liquor under a law of a State or Territory; or (j) of liquor on premises occupied by the special defence undertaking for the purposes of the Defence (Special Undertakings) Act 1952 of the Commonwealth known as the Joint Defence Space Research Facility at Alice Springs. (3) The provisions of this Act, other than those requiring the obtaining of a licence or special licence for the sale of liquor apply, so far as applicable, to and in relation to: (a) the sale of liquor by a person in respect of whom; or (b) the consumption of liquor on premises in respect of which, there is an exemption from so obtaining a licence or special licence by virtue of this section or any other law of the Territory as if that person were a licensee and those premises were licensed premises. (4) Section 116 does not apply to a purchase of liquor made by an inspector or a member of the Police Force in the execution of his duty. 6 Public interest criteria in respect of licence or licensed premises (1) When the Commission has regard to the objects of this Act in: (a) considering or determining an application under this Act in respect of a licence or licensed premises; or (b) determining the conditions of a licence, the Commission must, when taking into account the public interest in the sale, provision, promotion and consumption of liquor, consider any of the criteria specified in subsection (2) that are relevant to the application or conditions. (2) For subsection (1), the criteria are the following: (a) harm or ill-health caused to people, or a group of people, by the consumption of liquor is to be minimised; (b) liquor is to be sold, or sold and consumed, on licensed premises in a responsible manner; (c) public order and safety must not to be jeopardised, particularly where circumstances or events are expected to attract large numbers of persons to licensed premises or an area adjacent to those premises; (d) the safety, health and welfare of persons who use licensed premises must not be put at risk; (e) noise emanations from licensed premises must not be excessive; (f) business conducted at licensed premises must not cause undue offence, annoyance, disturbance or inconvenience to persons who reside or work in the neighbourhood of the premises or who are making their way to or from, or using the services of, a place of public worship, hospital or school; (g) a licensee must comply with provisions of this Act and any other law in force in the Territory which regulate in any manner the sale or consumption of liquor or the location, construction or facilities of licensed premises, including: (i) by-laws made under the Local Government Act; and (ii) provisions of or under the Planning Act; (h) each person involved in the business conducted at licensed premises must receive suitable training relevant to the person's role in the conduct of the business; (i) the use of credit in the sale of liquor must be controlled; (j) practices which encourage irresponsible drinking must be prohibited; (k) it may be necessary or desirable to limit any of the following: (i) the kinds of liquor that may be sold; (ii) the manner in which liquor may be sold; (iii) the containers, or number or types of containers, in which liquor may be sold; (iv) the days on which and the times at which liquor may be sold; (l) it may be necessary or desirable to prohibit persons or limit the number of persons who may be on licensed premises, on any particular part of licensed premises or in an adjacent area subject to the control of the licensee; (m) it may be necessary or desirable to prohibit or limit the entertainment, or the kind of entertainment, which may be provided on licensed premises or in an adjacent area under the control of the licensee; (n) it may be necessary or desirable to prohibit or limit promotional activities in which drinks are offered free or at reduced prices. (3) Also, the Commission must consider: (a) any other matter the Commission believes is relevant to the public interest in the sale, provision, promotion and consumption of liquor in respect of the application or conditions under consideration; and (b) any information or matter contained in an application, or otherwise provided or raised by the applicant, which is relevant to the public interest in the sale, provision, promotion and consumption of liquor. Part II Administration Division 2 Assessors 14 Assessors The Minister may appoint such persons as he thinks necessary to be assessors to advise the Commission, within the terms of their appointments, regarding any matter concerned with the administration or operation of this Act or the regulations. 15 Tenure and remuneration An assessor shall hold office during the pleasure of the Minister and shall be paid such fees, allowances and expenses as the Administrator determines. 16 Commission to seek advice of assessor (1) Subject to subsection (2), if the Commission is of the opinion that the advice of an assessor is, or might be, relevant to the exercise of a power, authority or discretion of the Commission under this Act, the Commission shall seek and consider the advice of that assessor before exercising that power, authority or discretion. (2) Where: (a) an assessor is unable for any reason to provide advice; and (b) failure or delay by the Commission to exercise a power, authority or discretion of the Commission under this Act until such time as the assessor could provide the advice would, in the opinion of the Commission, cause undue hardship to a person interested in the exercise of that power, authority or discretion, the Commission shall not be required to seek or consider the advice of that assessor. Division 3 Inspectors 18 Inspectors (1) The Minister may appoint such persons as he thinks necessary to be Inspectors of Licensed Premises. (2) An inspector shall perform the duties required to be performed by him by this Act and such other duties as the Commission or the Director directs. (3) The Director shall issue to each person appointed as an inspector an identity card in accordance with a form approved by the Commission. 19 Inspector's powers (1) An inspector with such assistance as he considers necessary may, with such force as is reasonably necessary, at any time when premises are open for the sale of liquor, enter and inspect those premises. (2) An inspector who enters licensed premises in pursuance of subsection (1) may not enter a private room of those premises without the prior consent of the occupant, the licensee or a person who is apparently in charge of those licensed premises unless the inspector has reasonable grounds for believing that an offence against this Act has occurred, is occurring or is likely to occur in that room. (3) An inspector with such assistance as he considers necessary may, with such force as is reasonably necessary, at any time, enter and inspect premises when there are reasonable grounds for believing that: (a) liquor is being sold on those premises; (b) liquor is being kept for sale on premises which are not licensed premises within the meaning of this Act; or (c) an offence against this Act has occurred, is occurring or is likely to occur on those premises. (4) An inspector who enters premises in pursuance of this section is not authorized to remain on those premises if, on the request by the person apparently in charge of those premises, he does not produce the identity card referred to in section 18(3). (5) An inspector who enters premises in pursuance of this section may: (a) examine, take stock of and take samples of any liquor on the premises; (b) inspect any books, documents or other papers on the premises; (c) remove any books, documents or papers from the premises for the purpose of having copies made; (d) seize and remove any liquor on the premises which he has reasonable grounds to believe is evidence of or otherwise relates to an offence against this Act; and (e) require a person on the premises to provide his name and address and date and place of birth, evidence of his age and the name or identity of the seller or supplier of any liquor in the person's possession. (6) An inspector may retain a book, document or paper removed from premises in pursuance of subsection (5) for so long as is reasonably necessary for the purpose of having copies of the book, document or paper made. (7) An inspector who takes a sample of liquor in pursuance of subsection (5) shall: (a) divide the sample so taken into approximately equal parts and put each part in a sealed container to which is affixed a label bearing: (i) the signature of the inspector; (ii) particulars of the premises on which the sample was taken; and (iii) particulars of the date and time when the sample was taken; and (b) deliver one of the containers to the person apparently in charge of the premises for the time being and deliver the other container to an approved analyst. (8) In any proceedings in a court in respect of an offence against this Act, a certificate that purports to have been signed by an approved analyst and states the result of an analysis of the contents of a container delivered to him by an inspector is evidence of the matters stated in the certificate. (9) A person shall not, except in the course of his duty under this Act or in the course of proceedings in a court in respect of an offence against this Act, divulge to another person information that he has acquired by reason of the inspection of books, documents or papers in pursuance of this section. (10) The provisions of this section, other than subsection (4), apply to and in relation to a member of the Police Force as if the member were an inspector. (10A) The provisions of Division 3 of Part VIII apply to any liquor seized under subsection (5) as if it was seized under that Division. (11) In this section: approved analyst means a person approved by the Commission for the purposes of this section. liquor for the purposes of subsections (5) and (7), includes any liquid in respect of which there are reasonable grounds for believing the liquid to contain alcohol. private room means a room forming part of licensed premises which is used predominantly for purposes other than: (a) the storage, sale or consumption of liquor; or (b) the preparation, sale or consumption of food, in the operation or management of those premises as licensed premises. Division 4 General 20 Assessors not to act where interested (1) Where an assessor whose advice the Commission is required to seek and consider by section 16(1) has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Commission, that assessor shall, as soon as possible after the relevant facts have come to his knowledge, disclose the nature of his interest to the Commission and to the Minister. (2) Where, for any reason, an assessor whose advice the Commission is required to seek and consider by section 16(1) is of the opinion that it would be improper for him to take part in any deliberation or decision of the Commission in relation to a matter or a class of matters being considered or about to be considered by the Commission he shall, as soon as possible after the relevant facts have come to his knowledge, inform the Commission and the Minister accordingly. (3) Where an assessor whose advice the Commission is required to seek and consider by section 16(1): (a) has an interest of a description referred to in subsection (1); or (b) holds an opinion of a description referred to in subsection (2), that assessor shall not, unless the Minister otherwise determines, take part in any deliberation or decision of the Commission in relation to the matter which is the subject of his interest or the matter or class of matters of a description referred to in subsection (2), as the case may be. (4) Where an assessor: (a) discloses an interest to the Minister pursuant to subsection (1); or (b) informs the Minister that he holds an opinion of a description referred to in subsection (2), the Minister may appoint a person to act in the place of that assessor in relation to the matter which is the subject of the assessor's interest or the matter or class of matters of a description referred to in subsection (2), as the case may be. (6) A member shall not hold or have any interest in a licence. 22 Delegation by Commission (1) The Commission may, in writing, delegate to: (a) a member; or (b) the Director; or (c) a Deputy Director, all or any of its powers or functions under this Act, other than: (d) a power to conduct a hearing under this Act; or (da) a power or function mentioned in subsection (1A) or (1B); or (e) a power or function where, prior to the exercise of that power or function, the Commission is required to conduct a hearing under this Act; or (f) this power of delegation. (1A) The Commission may, in writing, delegate its powers and functions under sections 86C and 86F(3) to one or more of the following: (a) a member; (b) the Director. (1B) The Commission may, in writing, delegate its powers and functions under section 89A to one or more of the following: (a) a member; (b) the Director; (c) the Deputy Director; (d) the chief executive officer of a local government council; (e) a police officer who is: (i) of or above the rank of senior sergeant; or (ii) the person in charge of a police station. (2) A power delegated in accordance with subsection (1), (1A) or (1B) may be exercised by the delegate in accordance with the instrument of delegation. (3) A delegation under this section is revocable by the Commission in writing at will and does not prevent the exercise of a power or the performance of a function by the Commission. 23 Protection of members (1) An action or proceeding, civil or criminal, does not lie against an assessor or a person concerned in the administration of this Act for or in respect of an act or thing done in good faith by an assessor or a person concerned in the administration of this Act, as the case may be. (2) Subsection (1) has effect subject to Part VIIA of the Police Administration Act to the extent it relates to the civil liability of a person who is a member of the Police Force. Part III Licences Division 1 Issue of Licence 23A Meaning of associate (1) For this Division, the following persons are associates of a person (the person): (a) the person's spouse or de facto partner; (b) a parent or remoter lineal ancestor, son, daughter or remoter issue, or brother or sister of the person; (c) a partner of the person; (d) a body corporate of which the person is an executive officer; (e) if the person is a body corporate - an executive officer of the body corporate; (f) a person who, in the previous year, has provided to the person advice for fee or reward in relation to the sale of liquor; (g) an employee or employer of the person; (h) an officer or employee of a body corporate of which the person is an officer or employee; (i) an employee of a natural person of whom the person is an employee; (j) a body corporate whose executive officers are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person or, where the person is a body corporate, of the executive officers of that body corporate; (k) a body corporate in accordance with the directions, instructions or wishes of which, or of the executive officers of which, the person is accustomed or under an obligation, whether formal or informal, to act; (l) a body corporate in which the person holds a controlling interest; (m) if the person is a body corporate - a person who holds a controlling interest in the body corporate; (n) a person who is named in an affidavit made by the person under section 26A; (o) a person who, because of this subsection, is an associate of any other person who is an associate of the person. (2) For subsection (1)(l) and (m), a person is taken to hold a controlling interest in a body corporate if that person, alone or together with one or more associates of that person, is in a position to control at least 15% of the voting power in the body corporate or holds interests in at least 15% of the issued shares in the body corporate. 24 Licences Subject to this Act, the Commission may issue a licence, in a form approved by the Commission, to an applicant for the sale of liquor, or the sale and consumption of liquor on, at, or away from, premises specified in the licence. 25 Body corporate as licensee (1) A body corporate shall not hold a licence unless it is a corporation within the meaning of the Corporations Act 2001. (2) Where a body corporate applies for a licence, other than under section 26(2) where the body corporate does not intend to carry on any business under the licence being applied for shall nominate a person to be its manager of the licensed premises. (3) For the purposes of this Act, the manager of the licensed premises nominated by a body corporate shall be deemed to be the person licensed in respect of the premises and the premises shall be deemed to be his licensed premises or the premises in respect of which he is licensed. (4) For the purposes of an objection under Part IV, the manager nominated by a body corporate shall be deemed to be a joint applicant with the body corporate for a licence. (5) Upon the grant of a licence to a body corporate, the name of the manager nominated by that body corporate shall, in addition to the name of the body corporate, be endorsed on the licence and the approval in writing of the Commission shall be necessary before any change of the manager so nominated will be recognized for the purposes of this Act. (5A) Where a person, whose name is endorsed as the person nominated as manager on a licence held by a body corporate, is unwilling to conduct the business of a licensee, the body corporate shall not sell liquor after the date upon which the nominated manager is unwilling to conduct that business until: (a) the person nominated as manager on the licence is willing to resume the conduct of the business of the licensee; or (b) approval of a change of manager under subsection (5) is obtained. (6) In addition to a manager nominated pursuant to subsection (2) every director and officer of a body corporate may be prosecuted for an offence committed against this Act by the nominated manager. (7) The directors and officers of the body corporate shall not be liable pursuant to subsection (6) where it is proved that the body corporate had given such directions to the nominated manager and had exercised or caused to be exercised such supervision of that manager, as were reasonably necessary to ensure that the manager did not commit an offence against this Act. 26 Application for licence (1) An application for the grant of a licence shall be lodged with the Director in a form approved by the Commission and accompanied by the affidavit made under section 26A and the prescribed fee. (2) An application under subsection (1) may be made in respect of premises which are to be constructed or which are under construction and, in respect of such premises or proposed premises, by a person who does not intend to carry on any business under the licence being applied for. (3) The applicant for a licence must demonstrate in the application that the grant of the licence will be in the public interest: (a) by providing information about any relevant criteria referred to in section 6(2); and (b) by specifying any other matter relevant to the public interest in the sale, provision, promotion and consumption of liquor. 26A Disclosure of influential persons or potential beneficiaries (1) An applicant for a licence must make an affidavit disclosing whether certain persons may be able to influence the applicant, or expect a benefit from the applicant, if the licence is granted. (2) If the applicant is a body corporate, the affidavit must be made by: (a) the principal executive officer of the body corporate; or (b) if that officer does not have knowledge of the relevant facts - another person who has knowledge of the relevant facts and is authorised by the body corporate to make the affidavit. (3) The affidavit must be in a form approved by the Commission and, subject to subsection (6), must disclose the following matters: (a) subject to subsection (4), whether or not there is any person who will by any lease, agreement or arrangement be able to influence any decision made by the applicant in relation to the sale of liquor or the sale and consumption of liquor; (b) subject to subsection (5), whether or not there is any person other than the applicant who by any lease, agreement or arrangement may expect any benefit from the applicant in relation to the sale of liquor or the sale and consumption of liquor; (c) if a person disclosed under paragraph (a) or (b) is a natural person - the person's full name, address and date of birth; (d) if a person disclosed under paragraph (a) or (b) is a body corporate other than a club - the name of the body corporate and the full name, address and date of birth of the secretary and each executive officer of the body corporate; (e) if a person disclosed under paragraph (a) or (b) is a club or other voluntary association of persons: (i) the name of the club or voluntary association of persons; (ii) the full name, address and date of birth of the secretary and each executive officer of the club or voluntary association of persons; and (iii) details of the objectives (if any) of the club or voluntary association of persons and whether or not the club is a non-proprietary club or the voluntary association of persons conducts its business in the same way as a non-proprietary club; (f) full and correct particulars of any lease, agreement or arrangement disclosed under paragraph (a) or (b); (g) if the applicant is a body corporate other than a club - the names of all persons who have a substantial holding (within the meaning of section 9 of the Corporations Act 2001) in the body corporate. (4) If the applicant is a body corporate, subsection (3)(a) does not require disclosure of a person who is the secretary, an executive officer, a member or a shareholder of the body corporate carrying out the duties or exercising the normal rights of the person in that capacity. (5) Subsection (3)(b) does not require disclosure of a contract, agreement or other arrangement entered into for the purposes of this Act or the Regulations and approved by the Commission. (6) The affidavit need not disclose anything specified by the Regulations as not requiring disclosure. 27 Notice of application (1) An applicant for a licence shall, within 28 days of lodging an application pursuant to section 26, cause to be published in a newspaper or newspapers nominated by the Commission notice of the fact that the applicant has applied for the grant of a licence. (2) The notice of the application shall: (a) include a description in sufficient detail to identify the location of the premises in respect of which the application is made; (b) include a description of the nature of any business associated with the licence applied for that it is proposed to conduct on the premises referred to in paragraph (a); (c) contain such other particulars as may be determined by the Commission; and (d) be not less than a size determined by the Commission. (3) If the application relates to premises within the area of a shire council, the Director must, as soon as reasonably practicable, inform the CEO of the council that the application has been made. 28 Assessment of applications (1) The Commission must conduct or cause to be conducted the investigations it considers necessary to enable it to make a proper assessment of an application for a licence. (2) The Commission must consider an application for a licence, the accompanying affidavit made under section 26A and the results of investigations conducted in relation to the application and make an assessment of the following matters: (a) the suitability of the premises in respect of which the application is made, having regard to any law of the Territory which regulates in any manner the sale or consumption of liquor or the location, construction or facilities of premises which are used for that purpose; (b) if the applicant is a natural person - the financial stability, general reputation and character of the applicant; (c) if the applicant is a body corporate - the business reputation and financial stability of the body corporate and the general reputation and character of the secretary and executive officers of the body corporate; (d) if the applicant is a federation of clubs - the business reputation and financial stability of each constituent club and the general reputation and character of the secretary and executive officers of each constituent club; (e) whether the applicant is a fit and proper person to hold a licence; (f) if a person is referred to in the affidavit under section 26A - whether that person is a fit and proper person to be an associate of a licensee; (g) if the Commission considers it appropriate - whether any other associate of the applicant is a fit and proper person to be an associate of a licensee; (h) if the applicant has nominated a person under section 25(2) to be its manager - whether that person is a fit and proper person to be the manager. (3) In assessing whether an applicant is a fit and proper person to hold a licence, the Commission must have regard to any matters prescribed by the Regulations relevant to that assessment. (4) The Commission may require an applicant, a nominee manager of the applicant or an associate of the applicant to provide the Commission with the additional information or material that the Commission considers necessary to make a proper assessment of the application. 29 Decision after consideration of application (1) Where: (a) no objection to the grant of a licence has been lodged with the Director pursuant to section 47F; or (b) such an objection has been dismissed under Part IV, the Commission shall, as soon as reasonably practicable, consider an application for a licence. (2) After considering an application for a licence, the Commission must, having regard to the objects of this Act: (a) issue a licence subject to such conditions as are determined by it under section 31; (b) refuse the application and direct the Director to forward notice of the refusal together with a statement of the reasons for refusal to the applicant; or (c) conduct a hearing in relation to the application. (3) Where the Commission has conducted a hearing in relation to an application for a licence under subsection (2)(c) or Part IV the Commission shall, after that hearing, take action of a kind described in subsection (2)(a) or (b), in addition to any action it may take under Part IV. (4) Where the Commission refuses an application for a licence under subsection (2)(b), the Commission may, if it thinks fit, refund the whole or any part of the prescribed fee paid to the Commission under section 26. 30 Duration of licence A licence shall remain in force until surrendered, suspended or cancelled under this Act. Division 2 Conditions of licence generally 31 Conditions of licence (1) Subject to the Regulations, the Commission may issue a licence subject to such conditions as it may consider necessary or desirable in the particular circumstances of an application before it. (2) Without limiting the generality of subsection (1), the Commission may, subject to the Regulations, determine conditions with respect to: (a) the construction and furnishing of licensed premises; (b) the equipment and facilities to be provided on or at licensed premises; (c) the restriction of days when and times during which licensed premises may be open for the sale of liquor; (d) the minimum facilities and services to be operative on the days when and times during which licensed premises may be open for the sale of liquor; (e) the method of sale of liquor, including restrictions on the type of container in which liquor may be sold and limitations as to the quantities or type of liquor which may be sold by a licensee; (f) the standard of repair, cleanliness and hygiene to be maintained on or at licensed premises; (g) the provision of entertainment on or at licensed premises; (h) the provision of food on or at licensed premises; (i) the display and content of notices, relating to this Act, on or at licensed premises; (j) the persons who may be admitted to licensed premises; and (k) the prohibition of specified activities on or at licensed premises by the licensee, employees of the licensee or patrons of those premises. (3) Without limiting the generality of subsection (1) or (2), the Commission may, in respect of an application for a licence in respect of premises or proposed premises referred in section 26(2), grant the licence subject to the condition that the sale of liquor on the premises is not permitted until the approval in writing to do so is obtained from the Commission or the licence is transferred under section 40. (4) It is a condition of all licences that a licensee: (a) shall not take any action that, in the opinion of the Commission, would induce the irresponsible or excessive consumption of liquor on licensed premises; (b) shall not publish or cause to be published, in any media, an advertisement which, in the opinion of the Commission, could be construed as inducing the irresponsible or excessive consumption of liquor on licensed premises; and (c) where a code of conduct or code of ethics or rules (by whatever name it is called) relating to the advertising of liquor is approved by the Commission and is accepted and promulgated by the Minister by notice in the Gazette, a licensee shall abide by that code or rules. (5) Notwithstanding subsection (4), a licence shall not be subject to a condition under paragraph (a) or (b) of subsection (4) until 14 days after the publication by the Commission of guidelines under section 67 relating to the expression of its opinion under those paragraphs. (6) It is a condition of all licences that a licensee must comply with every prohibition notice given to the licensee. 31A Conditions about identification system (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): (a) the individual's passport; (b) the individual's driver licence; (c) any other identification approved by the Director. (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). Maximum penalty: 20 penalty units. (7) It is a defence to a prosecution for the offence if the defendant has a reasonable excuse. Example 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. 32 Objects etc. to be considered in determining conditions In determining the conditions of a licence, the Commission: (a) must have regard to the objects of this Act; and (b) may conduct or cause to be conducted any further investigations it considers necessary to enable it to make a proper determination. 32A Variation of conditions on application by licensee (1) A licensee may apply to the Commission in a form approved by the Commission for a variation of the conditions of the licence held by the licensee and may request that the Commission conduct a hearing in relation to the application. (2) If the Commission considers it to be in the public interest, the Commission may conduct a hearing in relation to the application whether or not the applicant has requested a hearing. (3) If the Commission decides to conduct a hearing, the Commission must require the applicant to cause notice of the application to be published: (a) in a newspaper or newspapers nominated by the Commission; and (b) within the period specified by the Commission. (4) The notice must: (a) include a description in sufficient detail to identify the location of the premises in respect of which the application is made; (b) include a description of the nature of any business associated with the licence that is conducted on those premises; (c) include details of the proposed variation of conditions; (d) contain any other particulars determined by the Commission; and (e) be not less than a size determined by the Commission. (5) If the application relates to premises within the area of a shire council, the Director must, as soon as reasonably practicable, inform the CEO of the council that the application has been made. (6) Where: (a) the Commission does not require the applicant to give notice of the application; or (b) the applicant has given notice as required and no objection to the application is lodged with the Director pursuant to section 47F or such an objection has been dismissed under Part IV, the Commission must, as soon as reasonably practicable, consider the application. (7) After considering an application under subsection (6), the Commission must, having regard to the objects of this Act: (a) by notice to the applicant, vary the conditions of the licence; or (b) refuse to vary the conditions of the licence and direct the Director to forward to the applicant notice of the refusal together with a statement of the reasons for refusal. (8) Where a hearing is conducted in relation to an application, the Commission may, having regard to the objects of this Act: (a) vary or refuse to vary the conditions of the licence; and (b) make any other order it thinks fit. (9) A variation of the conditions of a licence takes effect on the date specified by the Commission in a notice under subsection (7)(a) or an order under subsection (8). (10) In this section: condition, of a licence, does not include a condition determined under Division 2AA. 33 Commission may vary conditions (1) Subject to this section, the Commission may, from time to time by notice in writing, vary the conditions of the licence held by a licensee. (2) A licensee may, within 28 days of the date on which the licensee receives a notice of a description referred to in subsection (1), by notice in writing lodged with the Director, request that the Commission conduct a hearing in relation to the conditions of his licence. (3) Where, under subsection (2), a licensee requests that the Commission conduct a hearing, the Commission shall conduct a hearing in relation to the conditions of the licence of the licensee. (4) After the Commission has conducted a hearing pursuant to this section, the Commission may: (a) affirm, set aside or vary the decision made without a hearing; and (b) make such other order as it thinks fit. (5) A variation of the conditions of a licence under this section shall have effect on and from: (a) where the licensee does not request, under subsection (2), that the Commission conduct a hearing: (i) the expiration of the period referred to in that subsection; or (ii) such later date as the Commission may specify in the notice referred to in that subsection; or (b) where the Commission conducts a hearing pursuant to subsection (3) and the Commission affirms or varies the variation of the conditions of the licence: (i) the date of the conclusion of the hearing; or (ii) such later date as the Commission may specify at that hearing. (6) In this section: condition, of a licence, does not include a condition determined under section 33AA. 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. Division 2A Special conditions of certain licences about payment 33A Definitions In this Division: credit card has the meaning in section 57(4) of the Consumer Affairs and Fair Trading Act. debit card has the meaning in section 57(4) of the Consumer Affairs and Fair Trading Act. licensee means the holder of a licence to which this Division applies. 33B Application of Division (1) This Division applies to a licence that authorises only the sale of liquor for removal from and consumption away from the licensed premises to which the licence relates. (2) This Division applies to a licence regardless of the date of its issue. 33C Special conditions of licences (1) This Division prescribes conditions for licences. (2) However, this Division does not affect the imposition of additional or more stringent conditions under section 31, 33 or 33AA. 33D Payment for liquor (1) A licensee must not sell liquor to a person unless payment is made under subsection (2) for the liquor at the time of the sale. (2) For subsection (1), payment must be made in one or more of the following ways: (a) by legal tender within the meaning of the Currency Act 1965 of the Commonwealth; (b) by cheque drawn by the person and dated on or before the date of sale; (c) by credit card or debit card; (d) by debit to an ADI account authorised by the person; (e) if the sale is made to the person, or the person on behalf of an entity, in the ordinary course of business - by charging the business account of the person or entity held with the licensee; (f) by another prescribed way. 33E Retention of credit and debit cards (1) A licensee must not retain possession of a person's credit card or debit card as security for payment by the person for the sale of liquor or other goods at the licensed premises. (2) Subsection (3) applies to a prosecution for an offence against section 110 for a contravention of subsection (1). (3) In the absence of evidence to the contrary, on production of a certificate signed by the Director stating that on a specified date a specified licensee had possession of a specified person's credit card or debit card, the licensee must be taken to have had possession of the card in contravention of subsection (1). (4) Without limiting subsection (3), proof of compliance with record keeping requirements for the sale of liquor in guidelines approved by the Minister is evidence to the contrary for that subsection. (5) The approval of guidelines must be published in the Gazette. (6) In this section: possession, of a credit card or debit card, includes having the card under control in any place, whether or not another person has the custody of the card. 33F Exemptions The Commission may, on application made to it by a licensee, exempt the licensee from a condition prescribed by this Division. 33G Deciding application (1) In deciding whether to grant the application, the Commission must have regard to the prescribed factors. (2) The Commission may make the enquiries it considers appropriate to decide whether to grant the application. (3) The Commission may give an exemption on the conditions it considers appropriate. (4) The conditions must be stated in the exemption. 33H Notice of decision (1) The Commission must give the licensee written notice of its decision on the application. (2) If the Commission refuses the application or grants the application but gives an exemption on conditions, the notice must state: (a) the reasons for the decision; and (b) the applicant may, under Part 4 of the Northern Territory Licensing Commission Act, apply to the Commission for a review of the decision. 33I Compliance with conditions A licensee must comply with the conditions of the licensee's exemption. Division 4 Surrender of Licence 39 Surrender of licence (1) Subject to this section, a licensee may surrender his licence by lodging it with the Director. (1A) The surrender of a licence shall not have effect until it is accepted by the Commission. (1B) The Commission shall accept the surrender of a licence if it is satisfied that all persons who have an interest in the licensed premises to which the licence relates have been given by the licensee not less than 2 weeks notice of the licensee's intention to surrender the licence. (2) Upon the acceptance by the Commission of the surrender of a licence, the person whose licence is surrendered shall cease to be a licensee, but shall remain liable for: (a) an act or omission done, caused, permitted or made by him prior to the surrender; and (b) a liability incurred by him under this Act prior to the surrender. Division 5 Transfer of Licence 40 Transfer of licence (1) Subject to this Act and the Regulations, a licence may be transferred from the holder for the time being of the licence to another person. (2) A transfer of a licence does not take effect until the Commission authorizes the transfer or until such later date as the Commission specifies. 41 Application for transfer (1) The person to whom it is proposed to transfer a licence shall lodge an application for the transfer of the licence with the Director in a form approved by the Commission and accompanied by a fee of $2. (2) The provisions of sections 25, 26A and 28 apply to and in relation to an application for the transfer of a licence as if that application were an application for the grant of a licence under section 24. 43 Consideration of application The Commission shall, as soon as reasonably practicable, consider an application for the transfer of a licence and after such consideration, having regard to the objects of this Act: (a) authorize the transfer of the licence; or (b) refuse the application and direct the Director to forward notice of the refusal, together with a statement of the reasons for refusal, to: (i) the holder for the time being of the licence; and (ii) the person to whom it was proposed to transfer the licence. 44 Director may be directed to apply for cancellation Where an application for the transfer of a licence is refused, the Commission may direct the Director to apply in accordance with section 68(b) for the cancellation of that licence upon one or more of the grounds set out in section 72 or on the ground that the cancellation is in the public interest. 45 Certificate of transfer Where the Commission authorizes the transfer of a licence, the Director shall issue a certificate of transfer in a form approved by the Commission to the applicant. 46 Liabilities and privileges of transferor and transferee Upon the issue of the certificate of transfer pursuant to section 45: (a) the applicant shall have and may exercise the same privileges and be subject to the same liabilities and penalties as if the licence transferred to him had been originally granted to him; and (b) the person whose licence is transferred shall cease to be a licensee, but shall remain liable for an act or omission done, caused, permitted or made by him prior to the transfer. 46A Substitution of premises (1) A licensee may apply to the Commission in a form approved by the Commission for the substitution of other premises (new premises) for the premises specified in a licence held by the licensee. (2) The applicant must, within 28 days of lodging the application, cause notice of the application to be published in a newspaper or newspapers nominated by the Commission. (3) The notice must: (a) include a description in sufficient detail to identify the location of the proposed new premises; (b) include a description of the nature of any business associated with the licence that it is proposed to conduct on the proposed new premises; (c) contain any other particulars determined by the Commission; and (d) be not less than a size determined by the Commission. (4) If the application relates to premises within the area of a shire council, the Director must, as soon as reasonably practicable, inform the CEO of the council that the application has been made. (5) Where: (a) no objection to the application is lodged with the Director pursuant to section 47F; or (b) such an objection has been dismissed under Part IV, the Commission must, as soon as reasonably practicable, consider the application. (6) After considering the application, the Commission must, having regard to the objects of this Act: (a) approve the application and substitute the new premises in the licence held by the applicant; (b) refuse the application and direct the Director to forward notice of the refusal together with a statement of the reasons for refusal to the applicant; or (c) conduct a hearing in relation to the application. (7) After the Commission has conducted a hearing under Part IV or subsection (6)(c), the Commission must take action of a kind described in subsection (6)(a) or (b) in addition to any action it may take under Part IV. 47 Acting licensee (1) Subject to subsection (3), where a licensee is, or is expected to be, unable for any reason to conduct the business of a licensee, the licensee shall appoint a person to act in his place during his inability to conduct the business of a licensee. (2) A licensee shall notify the Commission of the full name, address and occupation of a person appointed under subsection (1) before the expiration of 3 days after the date of the appointment. (2A) A notification under subsection (2) shall be: (a) in writing and posted to or lodged with; or (b) by telegram or telex addressed to, the Director. (3) Where a licensee is unable for any reason to appoint a person to act for him during his inability to conduct the business of a licensee, the Commission may appoint a person to act in place of the licensee during the period that the licensee is unable to conduct the business of a licensee. (4) Unless the Commission otherwise determines, a person appointed under subsection (1) or (3) shall not act in place of a licensee for more than 42 days during any period of 12 months that the licence is in force. (5) Where: (a) a licensee's inability to conduct the business of a licensee is, or is expected to be, permanent; and (b) an application for transfer of the licence of that licensee is not made in accordance with section 41 within the period referred to in subsection (4) of this section, the Commission shall cancel that licence at the expiration of that period, unless arrangements which are satisfactory to the Commission are made during that period to conduct the business of the licensee. (6) A person appointed to act in place of a licensee has all the rights, powers, authorities, functions, duties and obligations of a licensee under this Act. 47A Continuation of licence after death (1) Where a licensee dies, his licence shall continue in force: (a) for the unexpired portion of the period of the licence, including the period, if any, as varied under subsection (2); or (b) until the licence is cancelled under section 47B, whichever first occurs. (2) Where a licensee dies or becomes bankrupt, the Commission may vary the period of the licence as it thinks fit. 47B Licence to lapse in certain circumstances Where a licensee: (a) dies; or (b) becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors or makes an assignment of his property, interest or remuneration for the benefit of his creditors, and the Commission is not satisfied that adequate arrangements have been made for the conduct of the business of the licensee, the Commission may cancel the licence at the expiration of 7 days after the date of the death, declaration of bankruptcy, application or assignment, as the case may be. 47C Conduct of business after death A person who is: (a) the legal representative of a deceased licensee; (b) a member of a deceased licensee's family who has attained the age of 18 years; or (c) the representative of a person or class of persons claiming an entitlement in the estate of a deceased licensee, may, in a form approved by the Commission, apply to the Commission for approval to conduct the business of the licensee. 47D Conduct of business after bankruptcy, &c. (1) Where a licensee becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors or makes an assignment of his property, interest or remuneration for the benefit of his creditors: (a) he shall notify the Commission of that fact; and (b) the person who is the trustee, assignee or other person in whom the estate of the licensee becomes vested may apply to the Commission for approval to conduct the business of the licensee. (2) A notification or an application under subsection (1) shall be in a form approved by the Commission and lodged within 7 days after the licensee is declared bankrupt or makes an application to take the benefit of a law for the relief of bankrupt or insolvent debtors or makes an assignment of his property, interest or remuneration for the benefit of his creditors, as the case may be. 47E Licensee by endorsement (1) Where the Commission considers an application under section 47C or 47D and is satisfied that the applicant is a suitable person to conduct the business of the deceased licensee or licensee, it may endorse the name of the applicant on the licence as a person who may conduct the business of the deceased licensee or licensee, as the case may be. (2) A person whose name is endorsed on a licence under subsection (1) shall be deemed to be the licensee for the period in which the licence continues in force under section 47A. (4) The Commission may authorize the transfer of a licence from a person deemed to be a licensee under subsection (2) to the person on his own behalf. Part IV Objections and complaints 47F Person may object to certain applications (1) Subject to this section, a person, organisation or group may make an objection to the following applications: (a) an application for the grant of a licence, as notified under section 27; (b) an application for a variation of the conditions of a licence, as notified under section 32A; (c) an application for the substitution of other premises for the premises specified in a licence, as notified under section 46A; (d) an application for approval to make a material alteration to licensed premises, as notified under section 119. (2) The objection may only be made on the ground that the grant of the licence, variation of conditions, substitution of other premises or material alteration may or will adversely affect: (a) the amenity of the neighbourhood where the premises the subject of the application are or will be located; or (b) health, education, public safety or social conditions in the community. (3) Only the following persons, organisations or groups may make an objection under subsection (1): (a) a person residing or working in the neighbourhood where the premises the subject of the application are or will be located; (b) a person holding an estate in fee simple in land, or a lease over land, in the neighbourhood where the premises the subject of the application are or will be located; (c) a member or employee of the Police Force acting in that capacity; (d) a member or employee of the Fire and Rescue Service within the meaning of the Fire and Emergency Act acting in that capacity; (e) an Agency or public authority that performs functions relating to public amenities, including health, education and public safety; (f) a community-based organisation or group (for example, a local action group or a charity). (4) An objection under subsection (1) is to: (a) be in writing; (b) be signed by or on behalf of the person, organisation or group making the objection; (c) set out the facts relied on by the person, organisation or group to constitute the ground on which the objection is made; and (d) be lodged with the Director within 30 days after the publication of the notice or the last of the notices referred to in section 27, 32A, 46A or 119 (as applicable). (5) If an objection is lodged by post, the objection is taken to be duly lodged with the Director if it is delivered to an office of Australia Post for transmission to the office of the Director within the period referred to in subsection (4)(d). 47G Applicant to be given opportunity to reply to objection If an objection to an application is lodged with the Director under section 47F, the Director must, within 5 days after the expiry of the 30 day period referred to in section 47F(4)(d), inform the applicant to whom the objection relates of the substance of the objection and give the applicant sufficient opportunity to provide a written reply to the objection. 47H Facts specified as constituting objection delimits inquiry etc. in relation to objection A person, organisation or group who or which objects to an application under section 47F may not, in the course of any determination, inquiry, review or hearing under this Act or the Northern Territory Licensing Commission Act in relation to the person's, organisation's or group's objection, rely on any facts other than the facts specified in the objection as the facts constituting the ground on which the objection is made. 47I Decision on whether objection to proceed to hearing (1) The Director must forward an objection and the reply to the objection (if any) to the Chairperson. (2) On receiving the objection and the reply to the objection, the Chairperson must select a member to consider the substance of the objection. (3) The member selected under subsection (2): (a) must consider the objection and the reply to the objection; (b) may inquire into any circumstance relating to the objection as he or she considers appropriate; and (c) must: (i) dismiss the objection if satisfied that the objection: (A) is of a frivolous, irrelevant or malicious nature; or (B) does not describe circumstances that may or will adversely affect the amenity of the neighbourhood or health, education, public safety or social conditions in the community; or (ii) determine that the Commission must conduct a hearing in relation to the objection and forward the objection, reply to the objection and his or her findings in relation to the objection to the Commission. (4) If the member dismisses the objection under subsection (3)(c)(i), he or she must direct the Director to inform the person, organisation or group who made the objection that the objection has been dismissed. (5) The Director must inform the person, organisation or group that the objection has been dismissed by notice in writing as soon as practicable after receiving the member's direction. (6) The notice to the person, organisation or group is to include the member's reasons for dismissing the objection. (7) If the member determines under subsection (3)(c)(ii) that the Commission must conduct a hearing, the Commission must conduct the hearing. 47J Review of member's decision to dismiss objection (1) If a member dismisses an objection under section 47I(3)(c)(i), the person, organisation or group who made the objection may apply to the Commission for a review of the member's decision. (2) An application for review is to: (a) be in writing; (b) be signed by or on behalf of the person, organisation or group who made the objection; (c) set out the grounds on which the application for review is made and the facts relied on to establish the grounds; and (d) be lodged with the Director within 14 days after the person, organisation or group received notice of the member's decision to dismiss the objection. (3) The Commission must review the member's decision in a manner that is fair and expeditious and must give proper consideration to the issues. (4) After determining the review, the Commission must, by notice in writing to the person, organisation or group who applied for the review: (a) affirm the member's decision to dismiss the objection; or (b) revoke the member's decision and conduct a hearing in relation to the objection. (5) If the Commission affirms the member's decision, the Commission must specify its reasons for doing so in the notice. (6) A decision of the Commission under subsection (4): (a) is not a decision referred to in section 56; and (b) may be reviewed under Part 4 of the Northern Territory Licensing Commission Act. 48 Complaints (2) A person may make a complaint regarding any matter arising out of the conduct of the business at licensed premises or the conduct of a licensee in relation to the business of a licensee, or that a licensee is not a fit and proper person to hold a licence. (3) A complaint under this section shall: (a) be in writing; (b) be signed by the person by whom the complaint was made; and (c) be lodged with the Director. (6) Where a complaint is lodged with the Director under this section, he or she must, as soon as is reasonably practicable: (a) inform the licensee of the substance of the complaint and give the licensee an opportunity to comment in writing on the substance of the complaint; (b) conduct the investigations of the substance of the complaint as he or she considers appropriate; and (c) forward the comments (if any) he or she receives pursuant to paragraph (a) and the results of his or her investigations under paragraph (b) to the Commission. 48A Power to suspend licence or impose or vary conditions (1) The Commission may, on its own motion in an emergency or pending the investigation of a complaint under section 48, but subject to subsection (2), suspend a licence, or impose or vary a condition of a licence, where in its opinion it is in the public interest to do so. (2) Without derogating from the Commission's powers elsewhere given in this Act, action of the Commission taken under subsection (1) has no effect after the expiration of 7 days after the action is taken. (3) In this section: condition, of a licence, does not include a condition determined under section 33AA. 49 Decision on consideration of complaint (1) If the Commission is of the opinion that further investigations of a complaint are desirable, the Commission may direct the Director to conduct such further investigations as the Commission specifies and report the results of the investigations to the Commission. (2) The Commission must consider a complaint, the report or reports of the Director and any comments forwarded to the Commission under section 48(6) and must: (a) if the Commission is of the opinion that the complaint is of a frivolous, irrelevant or malicious nature - dismiss the complaint and direct the Director to inform the person who made the complaint that the complaint has been dismissed; (b) direct the Director to inform the person who made the complaint that the complaint has been investigated but no further action is warranted; or (c) conduct a hearing in relation to the complaint. (4) Where the Commission conducts a hearing in relation to a complaint pursuant to subsection (2)(c), the Commission may, in addition to any other action the Commission may or is required to take under the provisions of this Act, after that hearing: (a) amend the conditions of a licence or vary the type of licence; (b) in accordance with section 65, by notice in writing, direct the licensee to take, or to refrain from taking, within such time as the Commission shall in that notice specify, a specified action; or (c) defer further consideration of the complaint for such period and subject to such conditions, including that an application for the transfer of the licence be lodged, as the Commission thinks fit. (5) In this section: condition, of a licence, does not include a condition determined under section 33AA. 49A Licence may be suspended if drug premises order made (1) The Commissioner of Police may apply to the Commission in the approved form for the suspension of a licence in respect of licensed premises that are drug premises within the meaning of the Misuse of Drugs Act. (2) The Commission must conduct a hearing in relation to an application under subsection (1) within 28 days after the application is made. (3) At a hearing in relation to an application under subsection (1), the Commission is to have regard to the matters it thinks fit, including: (a) the material before the Local Court when the drug premises order in relation to the premises was made; and (b) evidence of the steps, if any, taken by the licensee, before or after the making of the order, to ensure that dangerous drugs are not supplied on the premises by an employee or agent of the licensee. (4) At the conclusion of a hearing in relation to an application under subsection (1), the Commission may suspend the licence if it is of the opinion that: (a) suspension of the licence is necessary for the protection of the public; or (b) the circumstances of the case are of sufficient gravity to justify the suspension of the licence. (5) A suspension may be imposed under subsection (4) for a period of not more than 14 days specified by the Commission. (6) The Commission must serve notice of a decision under this section on the Commissioner of Police and the licensee. (7) The suspension of a licence under subsection (4) has effect on and from: (a) the date on which the licensee receives the notice referred to in subsection (6); or (b) another later date that the Commission specifies in the notice. (8) This section does not prevent the Commission taking any other action that it is permitted to take under this Act in relation to premises to which a drug premises order relates. Part V Hearings 50 Commission to conduct hearing in certain circumstances (1) In addition to the circumstances where, under this Act, the Commission may, or is required to, conduct a hearing, the Commission shall conduct a hearing where: (a) an applicant for a licence requests a hearing after his or her application has been refused without a hearing; (b) the holder for the time being of a licence or a person to whom it was proposed to transfer the licence, requests a hearing after an application for transfer of the licence has been refused without a hearing; (c) a licensee requests a hearing in relation to the conditions of his or her licence where the licence was issued without a hearing; (d) a licensee requests a hearing after an application for a variation of the conditions of his or her licence has been refused without a hearing; or (e) a licensee requests a hearing after approval of a material alteration has been refused without a hearing. (2) After the Commission has conducted a hearing pursuant to subsection (1), the Commission may, having regard to the objects of this Act: (a) affirm, set aside or vary the decision made without a hearing; and (b) make such other order as it thinks fit. 51 Procedure at hearing (1) Where a hearing is to be conducted under this Act, the Chairperson shall fix a time and place for the hearing. (2) The Chairperson shall cause notice of the time and place fixed for the hearing, together with copies of all documents relating to the subject-matter of the hearing and which have been lodged with the Director under this Act, to be given to the parties not less than 7 days before the date fixed for the hearing. (2A) Notwithstanding anything to the contrary in section 13(2), at a hearing under this Act the Commission may be constituted by: (a) one member (whether or not the Chairperson); or (b) 3 members, selected by the Chairperson, and, where the Chairperson is not one of the 3 members referred to in paragraph (b), the member nominated by the Chairperson shall preside at the hearing. (3) At a hearing under this Act: (a) the procedure shall be within the discretion of the Commission; (b) the Commission may take unsworn evidence or take evidence on oath or affirmation; (c) the Commission shall give all parties an opportunity to be heard; (d) the Commission shall not be bound by the rules of evidence but may inform itself in such manner as it thinks fit; and (e) the member presiding may administer an oath or affirmation to a person who attends to give evidence. (4) The Commission may adjourn a hearing from time to time and from place to place. (5) Subject to subsection (6), a hearing shall be conducted in public. (6) If the Commission is of the opinion that the conduct of a hearing in public is likely to cause undue hardship to a person, it may direct that the hearing or part of the hearing be conducted in private. (7) Where the Commission has given a direction under subsection (6), a person shall not enter, or remain in, the room in which a hearing is taking place except with the permission of the Commission. (8) A party may be represented at a hearing by a legal practitioner, or by another person, who may examine witnesses and address the Commission on behalf of the person for whom he appears. (9) A legal practitioner appearing for a party at a hearing has the same protection and immunity as a legal practitioner has in appearing for a party in proceedings in the Supreme Court. (10) A witness who gives evidence at a hearing has the same protection as a witness has in giving evidence in proceedings in the Supreme Court. (10A) Where the Commission is constituted by one member, a party who is not satisfied with the decision of the Commission may apply, within 14 days after the decision, in writing to the Chairperson for a new hearing. (10B) Where a party applies, under subsection (10A), for a new hearing the Chairperson may, if he thinks fit, cause a new hearing to be held. (10C) Where a new hearing is held, under subsection (10B), the Commission: (a) shall be constituted by not less than 3 members; and (b) may make any decision that it could have made if a hearing had not previously been held. (10D) A decision by the Commission under subsection (10C) shall be in substitution for the decision made at the hearing by a single member in respect of which the new hearing is being held. (11) In this section, party means: (a) an applicant for the exercise of a power, authority or discretion of the Commission; (b) a person who has made an objection or complaint under Part IV; (c) a licensee who is, or a licensee of premises which are, the subject of an objection or complaint made under Part IV; or (d) the holder for the time being of a licence in respect of which an application has been made under section 41 for the transfer of that licence, as the case requires. 52 Power to summon witnesses (1) The Chairperson may, by writing under his hand, summon a person to attend a hearing at a time and place specified in the summons and then and there to give evidence and produce books and other documents in his custody as he is required by the summons to produce. (2) A summons under subsection (1) may be served: (a) personally; (b) by sending it by post to the person at the place of abode or business of the person that is last known to the Chairperson; or (c) by leaving it at that place of abode or business with a person who has apparently attained 16 years of age. 53 Failure to attend or produce documents (1) A person served with a summons to attend a hearing shall not refuse or fail, without reasonable excuse: (a) to attend at the hearing; or (b) subject to subsection (2), to produce at the hearing the books or other documents in his custody or control that he is required to produce by the summons. Maximum penalty: $200. (2) It is a defence to a charge in respect of a refusal or failure, without reasonable excuse, to produce at a hearing a book or other document if the accused proves that the book or other document was not relevant to the matter the subject of the hearing. 54 Refusal to be sworn or give evidence (1) A person appearing as a witness at a hearing shall not refuse to be sworn or to make an affirmation or to answer a question relevant to the proceedings put to him by a member. Maximum penalty: $200. (2) A statement or disclosure made before the Commission by a witness is not, except in proceedings for giving false testimony at a hearing, admissible in evidence in civil or criminal proceedings. 55 Member may inspect books, &c. (1) A member may inspect books or other documents produced at a hearing and shall return them as soon as practicable after the completion of the hearing. (2) A member may make copies of such portions of those books or other documents as are relevant to a matter before a hearing. 56 Decision of Commission to be final Subject to section 51, where a hearing has been conducted by the Commission under this Act, a decision of the Commission: (a) shall be final and conclusive; and (b) shall not be challenged, appealed against, reviewed, quashed or called into question in any court. Part VI Special licences 57 Special licences Subject to this Act, a special licence authorizes the holder to sell liquor: (a) during the period or periods; (b) on or at the premises; and (c) subject to the conditions, specified in the special licence. 58 Application for special licence (1) Subject to subsection (2), an application for the grant of a special licence shall be: (a) lodged with the Director not later than 7 days before the date or the first date in respect of which the application is made; (b) in a form approved by the Commission. (2) The Director may, at his discretion, accept an application for the grant of a special licence which does not comply with provisions of subsection (1). 59 Conditions of special licence The Commission may issue, or approve the issue of, a special licence to an applicant subject to such conditions as it thinks fit. 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. 60 Issue of special licence by Director (1) Subject to section 61, where an application for a special licence has been made in accordance with section 58, the Director shall, upon payment of a fee of $20, issue a special licence to the applicant. (2) A special licence issued under subsection (1) shall: (a) be in a form approved by the Commission; and (b) be subject to such conditions as may be determined by the Commission under section 59. 61 Application to be submitted to Commission in certain circumstances Where: (a) an application for a special licence relates to a period or periods which in total exceed 10 hours on more than one day, where a day is a period of 24 hours ending at 2 o'clock in the morning; or (b) the Director is of the opinion that there are facts or circumstances by reason of which it is desirable that the Commission considers an application for a special licence, the Director shall submit the application to the Commission. 62 Decision on consideration by Commission (1) Where an application for a special licence has been submitted to the Commission pursuant to section 61, the Commission shall, as soon as reasonably practicable, consider the application. (2) For the purposes of subsection (1), the Commission may conduct such investigations and cause to be conducted such investigations as it thinks fit. (3) After considering an application for a special licence, the Commission shall: (a) issue a special licence in a form approved by the Commission subject to such conditions as are determined by it under section 59; or (b) refuse the application and direct the Director to forward notice of the refusal together with a statement of the reasons for refusal to the applicant. 63 Revocation of special licence A special licence may be revoked by the Commission at its discretion. 64 Application of certain provisions to special licences Divisions 1 and 2 of Part VII, Part IX with the exception of sections 104(3)(e), (f), 106, 111, 112 and 113, Parts X and XI, with such alterations as the circumstances may require, apply to and in relation to the holder of a special licence and the premises in respect of which a special licence is issued as if that holder of a special licence were a licensee and those premises were licensed premises. Part VII Control of conduct of licensees Division 1 Directions to licensees 65 Commission's power to give directions Where a licensee: (a) has contravened or failed to comply with a condition of his licence; (b) has permitted or suffered the premises in respect of which he holds a licence to be so used as to cause undue disturbance or inconvenience to: (i) persons who are lawfully on or at those premises; or (ii) persons who reside in the neighbourhood of those premises; or (c) has contravened or failed to comply with a provision of this Act or a law of the Territory which regulates, in any manner, the sale or consumption of liquor or the location, construction or facilities of premises which are used for such a purpose, the Commission may, from time to time by notice in writing, direct the licensee to take, or to refrain from taking, within such time as the Commission shall in that notice specify, a specified action to rectify or minimize the effects of: (d) the licensee's contravention or failure to comply, referred to in paragraph (a) or (c); or (e) the undue disturbance or inconvenience, referred to in paragraph (b), as the case may be. 66 Commission's power to suspend licence (1) The Commission may, by notice in writing, suspend the licence of a licensee where: (a) the Commission: (i) gives a direction to the licensee under section 49(4)(b) or 65; and (ii) is of the opinion that suspension of the licence is necessary for the protection of the public; (b) the licensee has contravened or failed to comply with his licence, this Act or the Regulations and the Commission is satisfied that the contravention or failure is of sufficient gravity to justify the suspension of the licence; or (c) the licensed premises are not being used for the sale or supply of liquor. (2) The suspension of a licence under subsection (1) shall have effect on and from: (a) the date on which the licensee receives the notice referred to in that subsection; or (b) such other date as the Commission may specify in the notice. (3) A licence which is suspended under subsection (1) shall have no effect until that suspension is revoked by the Commission. (4) Where: (a) the Commission has, under subsection (1), suspended the licence of a licensee to whom a direction has been given under section 49(4)(b) or 65; and (b) the licensee has complied with that direction, the Commission may revoke the suspension of the licence. (5) The Commission may, if it thinks fit, either before or after the expiration of a period fixed under section 49(4)(b) or 65, extend that period. Division 2 Guidelines 67 Guidelines Subject to the approval of the Minister, the Commission may publish guidelines with respect to the operation of this Act and the Regulations in any manner that is, in its opinion, convenient, to assist: (a) licensees; (b) persons who may wish to apply for a licence; or (c) members of the public generally. Division 3 Cancellation of licences 68 Compulsory applications Where: (a) it comes to the notice of the Director that: (i) a licensee is serving a sentence of imprisonment imposed in respect of his conviction for an offence; or (ii) a licensee has been found guilty of an offence against this Act; or (b) the Commission directs the Director under section 44 to apply for the cancellation of a licence, the Director shall make an application to the Commission for an order under this Division. 69 Other applications Where it appears to the Director that there is a ground other than section 68(a) or (b) upon which the Commission would be authorized to cancel a licence, the Director may make an application to the Commission for an order under this Division. 70 Procedure of application (1) An application for an order under this Division shall be delivered by the Director to the Chairperson together with a statement signed by the Director and setting out: (a) particulars of the ground or grounds upon which the application is made; and (b) the facts relied upon by the Director to constitute that ground or each of those grounds, as the case may be. (2) The Director shall forward a copy of the statement referred to in subsection (1) to the licensee who is the subject of an application for an order under this Division. 71 Consideration by Commission The Commission shall, as soon as reasonably practicable, consider an application for an order under this Division and shall: (a) dismiss the application, where the Commission is of the opinion that the facts set out in the statement made by the Director pursuant to section 70 would not, if they were proved, establish any of the grounds upon which an application is made; or (b) conduct a hearing in relation to the application. 72 Cancellation of licence (1) The Commission, after conducting a hearing, may, by order, cancel a licence where: (a) the licensee is serving a sentence of imprisonment imposed in respect of his conviction for an offence; (b) the licensee has been found guilty of an offence against this Act; (c) the licensee has contravened or failed to comply with a direction of the Commission under section 49(4)(b) or 65; or (d) the licensee has contravened or failed to comply with a condition of his licence. (2) The Commission shall not make an order upon the ground specified in subsection (1)(a) unless: (a) the offence for which the licensee is serving a sentence of imprisonment is an offence against this Act; or (b) the Commission is satisfied that the offence is of sufficient gravity to justify the cancellation of the licence. (3) The Commission shall not make an order upon the ground specified in subsection (1)(b) or (d) unless it is satisfied that: (a) the offence of which the licensee has been found guilty or the contravention or failure to comply with the condition, as the case may be, is of sufficient gravity to justify the cancellation of the licence; and (b) in all the circumstances, the matter is not one in which the giving of directions by the Commission would be likely to be effective to prevent the commission of further offences or further contraventions or failures to comply with the condition, as the case may be, by the licensee. (4) The Commission shall not make an order upon the ground specified in subsection (1)(c) or (d) where the licensee satisfies the Commission that: (a) the contravention or failure to comply with the direction or condition, as the case may be, arose out of, or was occasioned by, the act or neglect of an employee of the licensee; and (b) the licensee had given such directions to his employees, and had exercised or caused to be exercised such supervision of his employees, as were reasonably necessary to ensure that the licensee did not contravene, or fail to comply with, the direction of the Commission or a condition of his licence, as the case may be. (5) In addition to subsection (1), and notwithstanding anything in this Act which may be construed as qualifying or limiting the power of the Commission to cancel a licence, the Commission, after conducting a hearing, may, by order, cancel a licence where it is satisfied that: (a) licensed premises in respect of which the licence was granted have not been used for the sale or supply of liquor for a period of 90 days; (b) subject to the payment of compensation, the presence of the licensed premises in respect of which the licence was granted no longer meets the needs or wishes of the community; or (c) a licensee is not a fit and proper person to hold a licence. (6) For the purposes of subsection (5), and without limiting the generality of that subsection, a licensee is not a fit and proper person to hold a licence where: (a) the licensee is found guilty of an offence relating to the possession or supply of a drug for which offence, on being found guilty, a sentence of imprisonment may be imposed (whether or not a sentence of imprisonment is imposed); or (b) subject to subsection (7), in a period of 12 months not less than 3 persons are found guilty of offences committed on the licensed premises to which the licence relates relating to the possession or supply of a drug and the licensee fails to satisfy the Commission that all reasonable steps were taken by the licensee to prevent those offences from taking place. (7) Where, as a result of the assistance of, or the providing of information by, a licensee or an employee of a licensee, a person is found guilty of an offence relating to the possession or supply of a drug which offence was committed on the licensed premises to which the licence relates, that finding of guilt shall not be taken into account for the purposes of subsection (6)(b). (8) The Commission shall, by order, cancel the licence of a licensee where it has thought fit to do so under section 124(2A). (9) The cancellation of a licence under subsection (8) shall have effect on the day specified in the order. Part VIII General and public restricted areas Division 1 Preliminary matters 73 Interpretation (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. (2) Where the Commission declares, under section 74(2), that a general restricted area is restricted in respect of liquor other than a type of liquor, in this Part, liquor does not, in respect of that general restricted area, include that type of liquor. 74 Power to declare restricted area (1) The Commission may: (a) declare a specified area of land to be a general restricted area; or (b) declare a specified area of land, other than private premises, to be a public restricted area. (1A) However, the Commission may declare a public restricted area that includes private premises that are specified by regulation. (2) The Commission may, upon the declaration of a general restricted area, declare that the general restricted area is restricted in respect of liquor other than a specified type of liquor. 75 Prohibitions for restricted areas (1) Subject to this Part, a person shall not: (a) bring liquor into; (b) have liquor in his possession or under his control within; or (c) consume, sell or otherwise dispose of liquor within, a general restricted area. (1A) Subsection (1), other than paragraph (c) so far as it relates to the sale of liquor in a general restricted area, does not apply to liquor that is being or will be: (a) brought into a general restricted area; and (b) administered within a general restricted area, for the purposes of worship associated with the celebration of the Holy Communion or any other religious service by a person approved by the Commission (for the purposes of paragraph (a) or (b) or of both (a) and (b)). (1B) A person is guilty of an offence if the person consumes liquor within a public restricted area. Maximum penalty for an offence against subsection (1B): $500. (1C) Subsection (1B) does not apply if the liquor is consumed: (a) in accordance with a permit granted under section 89A; or (b) for the purposes of worship associated with the celebration of the Holy Communion. (2) In any proceeding for an offence against this section, a certificate, purporting to be signed by a person who claims in the certificate to be the Director or a Deputy Director, stating that a place was or was not, at a specified time, within a restricted area is evidence of the facts stated. 76 Application for declaration (1) An application for a specified area of land to be declared a restricted area shall: (a) be lodged with the Director; and (b) be in writing; and (c) be signed by the applicant; and (d) include a description of the relevant area in sufficient detail to enable the Commission to identify the location of the proposed restricted area; and (e) include a statement of the applicant's reasons for desiring the relevant area to be declared a general restricted area or public restricted area; and (f) if the applicant desires the relevant area to be declared a general restricted area in respect of liquor other than a type of liquor - state the type of liquor. (2) An application for the declaration of a public restricted area may only be made by one or more of the following: (a) the Commissioner of Police; (b) the Director; (c) if all or part of the relevant area forms all or part of a council area - the local government council for the council area. Division 1A Declaration of general restricted area 76A Application This Division applies to an application for the declaration of a general restricted area. 77 Consideration of application (1) The Commission shall, as soon as reasonably practicable, consider the application and shall: (a) refuse the application where the Commission is of the opinion that the application is of a frivolous, irrelevant or malicious nature; or (b) conduct a hearing. (2) Where the Commission decides to conduct a hearing pursuant to subsection (1)(b), the Director shall, as soon as reasonably practicable, inform: (a) each licensee whose licensed premises are located in the relevant area; (b) each applicant for a licence whose premises, in respect of which a licence is sought, are located in the relevant area; (c) each licensee who, in the opinion of the Director, may be affected adversely by a declaration of the relevant area to be a restricted area; (d) if the relevant area forms the whole or part of a council area - the clerk of the council; of the location of the relevant area and the time and place of the hearing. (3) A hearing pursuant to subsection (1)(b) shall be held: (a) at a place within the relevant area; or (b) at a place in the vicinity of the relevant area which, in the opinion of the Chairperson, is convenient for persons who may desire to express an opinion regarding the application in accordance with section 78. 78 Opinions regarding application (1) A person may express an opinion regarding the application: (a) by submitting an opinion in writing to the Chairperson; or (b) subject to subsection (2), by appearing in person at a hearing conducted pursuant to section 77(1)(b). (2) Where a person notifies the Chairperson in writing, not later than 7 days before the date fixed for a hearing to be conducted pursuant to section 77(1)(b), that the person wishes to be heard with respect to the application, the person is entitled to appear before the Commission and to express an opinion regarding the application. 79 Commission to ascertain residents' opinions (1) Where the Commission decides to conduct a hearing pursuant to section 77(1)(b), the Chairperson shall, prior to that hearing, take all such steps as are, in his opinion, necessary to: (a) inform the people who reside in the relevant area of the time and place of the hearing; (b) inform such people that a person may express an opinion regarding the application in accordance with section 78; (c) ascertain opinions of such people regarding the application; (d) if the relevant area forms the whole or part of a council area - ascertain the advice of the council regarding the application. (2) For the purposes of subsection (1)(c), the Commission may conduct such investigations and cause to be conducted such investigations as it thinks fit. 80 Commission to consider opinions expressed regarding application In deciding whether to grant the application, the Commission shall: (a) consider the opinions regarding the application expressed or ascertained pursuant to sections 78, 79(1)(c) and (2); and (b) where the relevant area forms the whole or part of a municipality or a community government area - consider any advice regarding the application ascertained pursuant to section 79(1)(d) or (e), as the case may be. 81 Decision after hearing (1) Subject to section 80, after the Commission has conducted a hearing in relation to the application, the Commission must, having regard to the objects of this Act: (a) refuse to declare the relevant area to be a general restricted area and direct the Director to forward notice of the refusal together with a statement of the reasons for refusal to the applicant; or (b) declare an area of land to be a general restricted area; or (c) declare an area of land to be a general restricted area in respect of liquor other than a type of liquor. (2) A declaration by the Commission under subsection (1)(b) or (1)(c) may be in relation to: (a) the relevant area; or (b) land that in area is equal to, greater than or less than the relevant area. (3) The land referred to in subsection (2)(b) shall include a part of the relevant area. 82 Notice of declaration (1) The Commission shall, within 14 days of declaring an area of land to be a general restricted area, cause to be published in the Gazette and in a newspaper or newspapers nominated by the Commission notice of the fact that the declaration has been made. (2) The notice of the declaration shall include: (a) a description of the general restricted area in sufficient detail to identify the location of that area of land; (aa) if the general restricted area is restricted in respect of liquor other than a type of liquor - a statement to that effect identifying the type of liquor; (b) a copy of section 75; and (c) such other particulars as may be determined by the Commission. 83 Commencement of declaration A declaration of an area of land to be a general restricted area shall have effect on and from: (a) the date of the publication of the notice referred to in section 82 in the Gazette; (b) the date on which it is published in a newspaper or newspapers in accordance with that section; or (c) such date as is specified in the declaration, whichever is the latest. 84 Revocation of declaration A declaration of an area of land to be a general restricted area may be revoked by the Commission at its discretion. 85 Commission to ensure publicity of declaration Where an area of land is declared to be a general restricted area, the Commission shall take all such steps as are, in its opinion, necessary to cause to be posted and to be kept posted at: (a) the place where a road or other customary access route enters the general restricted area; and (b) the customary departure locations for aircraft flying into the general restricted area, a notice stating that it is an offence to bring liquor into, to be in possession or control of liquor or to consume, sell or otherwise dispose of liquor within the area. 86 Not an offence to transport liquor through general restricted area (1) It shall not be an offence under section 75(1) where a person brings liquor into, or has liquor in his possession or under his control within, a general restricted area, for the purpose only of transporting that liquor to a destination outside a general restricted area. (2) In any proceedings for an offence under section 75(1), the onus of establishing a purpose of a nature referred to in subsection (1) shall be on the accused. Division 1B Declaration of public restricted area 86A Application This Division applies to an application for the declaration of a public restricted area. 86B Consideration of application The Commission must consider the application as soon as practicable after receiving it. 86C Inquiry by Commission (1) The Commission must conduct an inquiry to inform itself about the application. (2) The inquiry: (a) must be conducted in or near the relevant area; and (b) may be conducted in any way the Commission considers appropriate. (3) The Commission must give notice about the inquiry: (a) to each local government council mentioned in section 76(2)(c) in relation to the area; and (b) in a newspaper circulating in the area. (4) The notice must: (a) specify the area; and (b) invite individuals and bodies to make submissions about the application by a specified time; and (c) include any other information the Commission considers appropriate. (5) For subsection (4)(b), the submissions may be in writing or made in any other way the Commission considers appropriate. (6) In conjunction with the inquiry, the Commission may also inform itself about the application by conducting investigations and consultations as it considers appropriate. 86D Matters the Commission must take into account The Commission must take into account the following information in considering the application: (a) information about the consumption of liquor in or near the relevant area (including the amount and type of liquor sold under each licence in or near the area and conditions of the licence); (b) incidents of crime in or near the area that are related to liquor consumption; (c) the views of any of the following in relation to the application that have been given to the Commission: (i) an individual who lives or works, or proposes to live or work, in the area; (ii) a body (whether incorporated or not) that has, or proposes to have, an address in the area; (iii) each local government council mentioned in section 76(2)(c) in relation to the area; (iv) the Police Force, an Agency and any other authorities established by a law of the Territory; (v) anyone else whom the Commission considers to have an interest in the area; (d) any other information the Commission considers relevant to the application. 86E Decision of Commission (1) Having considered the application, the Commission must: (a) declare, by Gazette notice, an area of land that is or includes all or part of the relevant area to be a public restricted area if the Commission considers: (i) it is in the public interest to make the declaration; and (ii) the declaration is consistent with the objects of this Act; or (b) otherwise - refuse the application. (2) The declaration under subsection (1)(a): (a) takes effect from a date specified in the declaration, which must be later than the date of the Gazette notice and the date on which a notice for the declaration is published under section 86F; and (b) ceases to have effect: (i) when the declaration is revoked; or (ii) if the declaration specifies a period and the declaration is not revoked before the end of the period - at the end of the period. (3) If the Commission refuses the application, the Commission must give notice to the applicant of the refusal and the reasons for it. 86F Notice of declaration (1) The Commission must, within 28 days after declaring a public restricted area, publish a notice of the declaration in a newspaper circulating in the area. (2) The notice must: (a) describe the area in sufficient detail for it to be identified; and (b) specify when the declaration will take effect; and (c) specify the period for which the declaration will have effect if the declaration specifies that period; and (d) specify any other matters the Commission considers appropriate. (3) The Commission: (a) must, before the declaration takes effect, set up signs in the area publicising the declaration; and (b) must maintain the signs while the declaration has effect; and (c) may publicise the declaration in other ways as the Commission considers appropriate. (4) Without limiting subsection (3), a sign set up under that subsection must specify the following: (a) the declaration; (b) the offence in section 75(1B); (c) the penalty for the offence. (5) If all or part of the area forms all or part of a council area, the Commission may enter into an arrangement with the local government council for each such council area for the doing of a thing mentioned in subsection (3). 86G Revocation and amendment of declaration (1) A declaration of a public restricted area may be revoked or amended by the Commission at any time. (2) The Commission may do so on any of the following (the proposal): (a) the Commission's initiative; (b) an application by anyone who could have applied for the declaration. (3) Sections 86B to 86F apply in relation to the proposal as if: (a) a reference to an application in those sections were a reference to the proposal; and (b) a reference to a declaration were a reference to a decision to accept the proposal; and (c) sections 86C(4) and 86F(2) had each required the notice mentioned in that section to specify such a decision; and (d) if the proposal relates to a revocation - section 86F(3)(a) and (b) and (4) had been omitted. Division 2 Permits 87 Permit for general restricted area (1) Subject to this Part, the Commission may grant a permit to a person: (a) who resides in; or (b) who is temporarily living in, or intends to temporarily live in, a general restricted area. (1A) The permit may only be granted on an application by the person mentioned in subsection (1). (2) Subject to subsection (3), the holder of the permit may: (a) bring liquor into; (b) have liquor in his possession or under his control within; or (c) consume liquor within, the general restricted area to which the permit relates. (3) The Commission may issue a permit subject to such conditions as it thinks fit. 88 Guest of permit holder may consume liquor A person who: (a) does not reside in the general restricted area to which the permit relates; and (b) is a guest of the holder of the permit on or at premises which are owned or occupied by that holder of the permit, may consume liquor at the invitation of that holder of the permit on or at those premises. 89 Person may deliver liquor to permit holder at holder's request A person may, at the request of the holder of the permit: (a) bring liquor which is owned by, or ordered under a contract of purchase by, that holder of the permit into; or (b) have such liquor in his possession or under his control within, the general restricted area to which the permit relates, for the purpose only of delivering the liquor to that holder of the permit. 89A Permit for public restricted area (1) The Commission may grant a permit for a public restricted area to an individual or body (whether incorporated or not). (2) The permit may only be granted: (a) on an application by the individual or body; and (b) for the purposes specified in the application. (3) Without limiting subsection (2)(b), the purposes for which the permit may be granted include a wedding and any other event organised by the applicant. (4) The Commission must specify in the permit: (a) the purposes for which the permit is granted; and (b) any conditions of the permit (including conditions about when liquor may be consumed in the area). (5) If the permit is granted, a person may consume liquor in the area in accordance with the permit. (6) The Commission must, as soon as practicable after granting the permit, give notice to each of the following about the permit: (a) if all or part of the area forms all or part of a council area - the local government council for each such council area; (b) the person in charge of the police station that is closest to the area. (7) The notice must detail the purposes and conditions specified in the permit. 90 Application for permit An application for a permit under section 87 or 89A must: (a) be lodged with the Director; and (b) be in writing; and (c) be signed by the applicant; and (d) for an application under section 87 - include a statement of the applicant's reasons for making the application; and (e) for an application under section 89A - specify the purposes for the permit. 91 Consideration of application (1) The Commission shall consider an application for a permit and shall: (a) conduct such investigations and cause to be conducted such investigations of the application as it thinks fit; and (b) take all such steps as are, in its opinion, necessary to ascertain opinions regarding the application of the people who reside in the restricted area to which the application relates. (2) In deciding whether to grant an application for a permit, the Commission shall consider the results of any investigations under subsection (1)(a) and the opinions ascertained pursuant to subsection (1)(b). 92 Decision after consideration Subject to section 91(2), after considering an application for a permit, the Commission shall: (a) issue a permit in a form approved by the Commission, subject to such conditions as are specified by the Commission under section 87(3) or 89A(4); or (b) refuse the application and direct the Director to forward notice of the refusal together with a statement of the reasons for refusal to the applicant. 93 Permit revoked on breach of condition Where the holder of a permit contravenes or fails to comply with a condition of the permit, in addition to any penalty to which the holder of that permit may be subject for an offence against section 75(1) or (1B) as a consequence of that contravention or failure: (a) that permit shall be revoked forthwith; and (b) the holder of that permit shall surrender it to an inspector or a member of the Police Force upon demand made by that inspector or member of the Police Force. 94 Revocation of permit by Commission A permit may be revoked by the Commission at its discretion. Division 3 Powers of entry, search and seizure for general restricted areas 94A Application This Division applies to an offence against this Part in relation to a general restricted area (a relevant offence). 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: (a) states the name and office of the inspector; and (b) contains: (i) the signature of the inspector; and (ii) a photograph of the inspector; and (iii) 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. Division 4 Powers of search and seizure for public restricted areas 101AA Application This Division applies to an offence against this Part in relation to a public restricted area (a relevant offence). 101AB Police powers of search and seizure (1) If a police officer believes on reasonable grounds that a relevant offence has been, is being, or is likely to be, committed by a person in a public restricted area, the officer may, without a warrant: (a) search the person; and (b) seize any opened or unopened container in the area that the officer has reason to believe contains liquor. (2) A person may only be searched under subsection (1)(a) by someone who is of the same gender as the person. (3) A police officer who seizes a container under subsection (1)(b) may immediately: (a) empty the container if it is opened; or (b) destroy the container (including the liquor in it) if it is unopened. (4) The officer must ensure that any containers covered by subsection (3)(a) that are not emptied, and any containers covered by subsection (3)(b) that are not destroyed, are taken to a police station, where they must be destroyed. 101AC Contravention notice (1) A police officer may serve a public restricted area contravention notice on a person if the officer: (a) believes on reasonable grounds the person has committed an offence against section 75(1B); and (b) has seized one or more unopened containers of liquor under section 101AB; and (c) does not intend to make a complaint or serve an infringement notice for the alleged offence. (2) Section 101N(2) and (3) and sections 101P to 101S (the applied provisions) apply for the purposes of this Division as if, in the applied provisions: (a) a reference to a restricted premises contravention notice were a reference to a public restricted area contravention notice; and (b) a reference to section 101L(1) were a reference to section 75(1B); and (c) a reference to section 101M were a reference to section 101AB; and (d) a reference to section 101P or 101Q were a reference to that section as applied by this section. 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 (1) 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. (2) 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. 101AH Delegation 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. 101AK Effect of permit (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 101AM Application 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: (a) states the name and office of the inspector; and (b) contains: (i) the signature of the inspector; and (ii) a photograph of the inspector; and (iii) 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. (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 police officer in charge of the police station. (4) 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: (a) an order is made under section 101AV for a relevant offence in relation to the liquor; or (b) 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. 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. Maximum penalty: $1 000 (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. Maximum 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) A person may only be searched under subsection (1)(b) by someone who is of the same gender as the person. (3) A police officer who seizes a container under subsection (1)(c) may immediately: (a) empty the container if it is opened; or (b) destroy the container (including the liquor in it) if it is unopened. (4) The officer must ensure that any containers covered by subsection (3)(a) that are not emptied, and any containers covered by subsection (3)(b) that are not destroyed, are taken to a police station, where they must be destroyed. 101N Service of contravention notice (1) A police officer may 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 the 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 the Court of Summary Jurisdiction. 101P Court order if no application under section 101Q If the alleged offender served with a contravention notice does not make an application under section 101Q, the 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. 101Q Application to court by alleged offender in contravention notice (1) The alleged offender served with a contravention notice may apply to the 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 Interest in destroyed liquor (1) The interest that a person had in any liquor destroyed because of section 101M 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: (a) an order is made under section 101P(1) for an offence against section 101L(1) (a relevant offence) in relation to the liquor; or (b) 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 that interest in a 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. Part IX Obligations and offences Division 1 Licensees 102 Liquor not to be sold to intoxicated person A licensee or a person employed by a licensee shall not sell or supply liquor to a person unless the person to whom it is sold or supplied is not intoxicated at the time (the onus of proof of which lies with the defendant). 103 Licensee not to sell adulterated liquor A licensee or any person employed by a licensee shall not sell adulterated liquor. 104 Persons on licensed premises after hours (1) Subject to this section, a person shall not enter, or remain on or at, licensed premises in respect of which a licence is in force for the sale of liquor for consumption on or at those premises unless those premises are open for the sale of liquor in accordance with the conditions of the licence. (2) A person does not commit an offence against subsection (1) by remaining on or at licensed premises for a period not exceeding 30 minutes after those premises cease to be open for the sale of liquor. (3) Nothing in this section applies to, or in relation to: (a) the licensee of premises; (b) a member of the family of the licensee; (c) a person who enters, or remains on or at, licensed premises in the course of his employment; (d) a person who enters, or remains on or at, licensed premises at the invitation of, and as a guest of, the licensee or a member of the family of the licensee; (e) a lodger occupying residential accommodation provided on the licensed premises; (f) a person who enters licensed premises at the invitation of, and as a guest of, such a lodger; or (g) a person authorized by the Commission, either on application or on the motion of the Commission, to enter licensed premises. 105 Permitting riotous conduct on or at licensed premises A licensee shall not permit indecent, violent, quarrelsome or riotous conduct to occur on or at his licensed premises. 106 Commission may declare licensed premises prohibited areas for minors (1) The Commission may, by notice in writing, declare licensed premises or parts of licensed premises to be an area or areas where a person who has not attained the age of 18 years: (a) shall not enter or remain; or (b) shall not enter or remain unless that person is in the company of his parent, guardian or spouse (who has attained the age of 18 years). (2) Where the Commission makes a declaration under subsection (1), the Commission shall serve a copy of the declaration on the licensee of the licensed premises to which the declaration relates. (3) A licensee, on being served a copy of a declaration under subsection (2), shall cause a notice in a form approved by the Commission to be posted, and to be kept posted, at each entrance of the licensed premises or part of the licensed premises to which the declaration relates, and at such other places on the licensed premises as the Commission may require. 106A Minors on licensed premises (1) A person who has not attained the age of 18 years shall not enter or remain on licensed premises or any part of licensed premises that is the subject of a declaration for the purposes of section 106(1)(a). (2) A person who has not attained the age of 18 years shall not enter or remain on licensed premises or any part of licensed premises that is the subject of a declaration for the purposes of section 106(1)(b) unless the person is in the company of his parent, guardian or spouse (who has attained the age of 18 years). (3) In proceedings for an offence against subsection (1) or (2), evidence that the accused person was required under section 19(5)(e) to provide evidence of his age and did not provide, and has not subsequently provided, that evidence, is prima facie evidence that the accused person had not attained the age of 18 years on the date when the requirement was made. (4) It is a defence to a prosecution for an offence against subsection (1) or (2) that the accused person did not know he had entered or remained on licensed premises or any part of licensed premises the subject of a declaration under section 106 and that he did not have reasonable cause to know that he had entered or remained on licensed premises or part of licensed premises the subject of a declaration under section 106. 106B Licensee or employee not to permit minors to enter, &c., licensed premises (1) A licensee of licensed premises, or any person employed by a licensee, shall not permit a person to enter or remain on the licensed premises or any part of the licensed premises the subject of a declaration served under section 106 if that person has not attained the age of 18 years or, if that person is purportedly in the company of his parent, guardian or spouse, both that person and the parent, guardian or spouse, have not attained the age of 18 years. 106BA Misrepresentation of age by minor A person who has not attained the age of 18 years and who, for the purpose of entering or remaining on licensed premises in respect of which that person would not otherwise be entitled to enter or remain, misrepresents the age of the person: (a) by spoken statements made by the person or another person; (b) by presenting a form of written identification which purports to relate to the person presenting it but which in fact is fictitious or relates to some other person; or (c) by presenting a form of written identification which is false in a material particular, is guilty of an offence. 106C Supply of liquor to minors A person who has attained the age of 18 years shall not sell or supply liquor on licensed premises to another person who has not attained the age of 18 years except where the first-mentioned person is the licensee of the licensed premises, or a person employed by the licensee, and: (a) the liquor is sold or supplied on licensed premises or any part of licensed premises that is the subject of a declaration for the purposes of section 106(1)(b); (b) the person to whom the liquor is sold or supplied is in the company of his parent, guardian or spouse (who has attained the age of 18 years); and (c) the liquor is sold in conjunction with or ancillary to a meal supplied on the licensed premises. 106D Definitions of parent and guardian In sections 106(1), 106A(2), 106B and 106C, parent and guardian, in relation to a person who has not attained the age of 18 years, include a person who has attained the age of 18 years to whom the care and control of the first-mentioned person has been given by his parent or guardian (irrespective of the duration). 106E Evidence In a prosecution for an offence against section 106A, 106B or 106C: (a) a certificate purporting to be signed by a person who claims in the certificate to be the Director or a Deputy Director, stating that licensed premises or a specified part of licensed premises was or was not, at a specified time, the subject of a declaration under section 106 and a copy of the declaration was served on the licensee of the licensed premises on a specified day, is prima facie evidence of the facts stated; and (b) the onus of proving that the care and control of a person who has not attained the age of 18 years had, at the relevant time, been given to a particular person by his parent or guardian rests on the accused person. 107 Licence to be kept on premises (1) A licensee shall ensure that the licence is kept on or at the premises to which it relates at all times. (2) It is a defence to a prosecution for an offence against subsection (1) that, at the time of the alleged offence, the licence had been delivered to the Director and had not been returned to the licensee. 108 Licence to be produced on demand A licensee shall produce his licence to an inspector or a member of the Police Force upon demand being made by the inspector or the member of the Police Force on or at the premises to which the licence relates. 109 Permitting breach of Gaming Control Act (1) Where: (a) a person is found guilty of an offence against a provision of the Gaming Control Act; and (b) the offence occurred on or at licensed premises, the licensee of those premises is guilty of an offence. (2) It is a defence to a charge under subsection (1) to show: (a) that the licensee or, if at the time of the offence the licensee was not on or at the premises, the person then in charge of the premises, did not know, and could not by the exercise of all practicable diligence have known, that the offence against the Gaming Control Act was taking place; or (b) that the offence against the Gaming Control Act took place contrary to the will of the licensee or, if the licensee was not at the time on or at the premises, contrary to the will of the person who was then in charge of the premises, and the licensee or the person so in charge, as the case may be, took all reasonable steps to prevent the offence against the Gaming Control Act from taking place. 110 Licensee to comply with conditions A licensee shall not contravene, or fail to comply with, a condition of his licence. 111 Licensee to keep record of liquor purchases (1) A licensee shall keep a written record, in a form approved by the Commission, in respect of each period of 3 months referred to in section 113(1) during which his licence is in force, of every purchase of liquor for disposal in pursuance of his licence during that period. (2) A record kept for the purposes of subsection (1) shall show: (a) the quantity of liquor purchased; (b) the date of purchase; (c) the name and address of the person from whom the liquor was purchased; and (d) the gross price paid or payable for the liquor. (3) A record kept for the purposes of subsection (1) shall be retained by the licensee for a period of not less than 3 years after the date on which the last entry in the record, in respect of each period of 3 months referred to in section 113 during which his licence was in force, was made. (4) In this section: gross price includes all duties, taxes, imposts and other charges, not being the cost of freight or packaging for freight, paid or payable for or in connection with liquor regardless of whether the duties, taxes, imposts or other charges are paid or payable together with or separately from the price paid or payable for liquor. 112 Licensee to produce record, &c., on demand A licensee shall produce the record kept in pursuance of section 111 together with any documents or papers relating to the business of the licensee to an inspector upon demand being made by the inspector on or at the premises to which the licence relates. 113 Licensee to lodge return (1) Subject to the conditions of his licence, a licensee shall, within 28 days of the last day of March, June, September and December during the period of his licence, lodge with the Director a return, in a form approved by the Commission, showing details of all purchases of liquor for disposal in pursuance of his licence made by the licensee in the 3 months preceding the last day of that March, June, September or December, as the case requires. (2) A licensee shall not: (a) refuse or neglect to make a return in accordance with subsection (1); (b) before the expiration of the period of 3 years referred to in section 111(3), destroy without the permission of the Commission any record kept for the purposes of section 111(1) or any document or paper referred to in section 112; or (c) furnish any return which is false in any particular or falsify any such document or paper. 113AA Commission may make inquiries, &c. (1) Where an understatement relating to the amount of purchases of liquor for disposal in pursuance of a licence in a return lodged under section 113(1) is brought to the attention of the Commission, the Commission may: (a) cause to be made such inquiries; or (b) conduct a hearing in accordance with Part V, in relation to the understatement as it thinks fit. 113AB Licensee liable for understatement, &c. (1) Where, consequent on: (a) the investigations or inquiries; or (b) the hearing, under section 113AA, the Commission is satisfied that a licensee has made an understatement relating to the amount of purchases of liquor for disposal in pursuance of his licence in a return under section 113(1), the Commission shall, as soon as practicable, by notice in writing, notify the licensee of: (c) the result of the investigations or inquiries; or (d) its decision following the conduct of a hearing, and such notice shall specify the value of the understatement. (2) The notice referred to in subsection (1) shall be served personally or by post on the licensee. (3) The licensee on whom a notice referred to in subsection (1) is served shall, within 28 days after such service, pay to the Commission the balance of the fee payable on the corrected value of the purchases of liquor for disposal in pursuance of his licence. (4) Where an understatement referred to in subsection (1) is in value in excess of $750, the licensee shall, within 28 days after service of the notice referred to in subsection (1), in addition to payment of the balance of the fee referred to in subsection (3), pay, subject to subsection (5), to the Commission an amount equal to the value of the understatement specified in subsection (1). (5) The Commission may, if it thinks fit, remit the whole or any part of the payment referred to in subsection (4). 113A Wholesalers of liquor (1) A person, firm or body corporate shall not sell liquor to a licensee unless the person, firm or body corporate: (a) is registered as a wholesaler of liquor under this Act; or (b) is a licensee. (2) The Director shall keep, in such form as he thinks fit, a register of wholesalers of liquor. (3) The Director shall register a person, firm or body corporate in the register kept under subsection (2) if the person, firm or body corporate lodges with him: (a) an application in such form, and accompanied by such documents, samples and other material as the Director thinks fit; and (b) a registration fee of $20. (4) Where the Director registers a person, firm or body corporate in the register kept under subsection (2), the person, firm or body corporate is registered as a wholesaler of liquor for a period of 12 months on and after the date on which the entry is made. (5) A certificate signed by the Director certifying that on a specified day or during a specified period a person, firm or body corporate was or was not registered as a wholesaler of liquor shall be admissible in a court as prima facie evidence of the matter contained in the certificate. 114 Wholesalers to lodge returns A person, firm or body corporate registered under section 113A shall, within 28 days after the last day of March, June, September and December of each year, lodge with the Director a return, in a form approved by the Commission, showing details of all purchases and sales of liquor made by the person, firm or body corporate in the 3 months preceding the last day of that March, June, September or December, as the case requires. Division 2 General 115 Sale of liquor not authorized by licence Subject to this Act, a person shall not sell any liquor unless the sale is authorized by a licence. 116 Purchase of liquor not authorized by licence Subject to this Act, a person shall not purchase any liquor unless the sale of the liquor is authorized by a licence or the person who sells the liquor is licensed, registered or in any other manner authorized to sell liquor under a law of a State or Territory providing for the licensing, registration or other authorization of persons who sell liquor. 116A Minors not to sell, &c., liquor (1) Except in accordance with a condition of his licence or as permitted under subsection (2) by the Commission, a licensee shall not employ a person who has not attained the age of 18 years to sell, supply or serve liquor on licensed premises. (2) For the purposes of subsection (1), the Commission may in writing, either generally or, on the application of a licensee, in relation to a particular person, permit a licensee to employ a person who has not attained the age of 18 years to sell, supply or serve liquor on licensed premises where the Commission is satisfied that the person is a genuine employee of the licensee or is undergoing employment training at the licensed premises. 117 Minors not to be sent to obtain liquor A person shall not send a person who has not attained the age of 18 years to purchase or collect liquor from or at licensed premises. 118 Minors not to buy or consume liquor on licensed premises (1) A person who has not attained the age of 18 years shall not purchase from or consume liquor on licensed premises unless: (a) the liquor is purchased or consumed on licensed premises or any part of licensed premises that is the subject of a declaration for the purposes of section 106(1)(b); (b) the person is in the company of his parent, guardian or spouse (who has attained the age of 18 years); and (c) the person purchases or consumes the liquor in conjunction with or ancillary to a meal supplied on the licensed premises. (2) In subsection (1) parent and guardian, in relation to a person who has not attained the age of 18 years, include a person who has attained the age of 18 years to whom the care and control of the first-mentioned person has been given by a parent or guardian (irrespective of its duration). (3) In a prosecution for an offence against subsection (1): (a) a certificate purporting to be signed by a person who claims in the certificate to be the Director or a Deputy Director, stating that licensed premises or a specified part of licensed premises was or was not, at a specified time, the subject of a declaration served under section 106 and a copy of the declaration was served on the licensee of the licensed premises on a specified day, is prima facie evidence of the facts stated; and (b) the onus of proving that the care and control of a person who has not attained the age of 18 years had, at the relevant time, been given to a particular person by his parent or guardian rests on the accused person. Part X Alteration of premises 119 Approval of material alteration of licensed premises (1) A licensee shall not, except with the approval of the Commission, make a material alteration to the premises to which his or her licence relates. (2) An application for approval under this section shall be: (a) lodged with the Director; (b) accompanied by a copy of the plans and specifications for the alteration; and (c) accompanied by evidence which is sufficient to show that the alteration will not result in a contravention of or a failure to comply with a provision of this Act or a law of the Territory which regulates in any manner the sale or consumption of liquor or the location, construction or facilities of premises which are used for such a purpose. (3) The Commission may require the applicant to cause a notice of the application to be published: (a) in a newspaper or newspapers nominated by the Commission; and (b) within the period specified by the Commission. (4) The notice must: (a) include a description in sufficient detail to identify the location of the premises in respect of which the application is made; (b) include a description of the nature of any business associated with the licence that is conducted on those premises; (c) include details of the material alteration; (d) contain any other particulars determined by the Commission; and (e) be not less than a size determined by the Commission. (5) If the application relates to premises within the area of a shire council, the Director must, as soon as reasonably practicable, inform the CEO of the council that the application has been made. (6) Where: (a) the Commission does not require the applicant to give notice of the application; or (b) the applicant has given notice as required and no objection to the application is lodged with the Director pursuant to section 47F or such an objection has been dismissed under Part IV, the Commission must, as soon as reasonably practicable, consider the application. (7) After considering the application, the Commission must, having regard to the objects of this Act: (a) approve the material alteration; (b) refuse to approve the material alteration and direct the Director to forward notice of the refusal together with a statement of the reasons for refusal to the applicant; or (c) conduct a hearing in relation to the application. (8) After the Commission has conducted a hearing under Part IV or subsection (7)(c), the Commission must take action of a kind described in subsection (7)(a) or (b) in addition to any action it may take under Part IV. (9) The Commission may conduct or cause to be conducted the investigations it considers necessary in relation to the application. (10) Where the Commission grants approval of a material alteration, the licensee must not, while the alteration is being made, conduct business on the licensed premises except in accordance with arrangements approved by the Commission. 120 Unauthorized alterations (1) Where, without the approval of the Commission, a licensee makes a material alteration to the premises to which his licence relates, the Commission may, after giving to the licensee notice of its intention to do so, cause that alteration to be removed from the licensed premises or those premises to be restored to a condition which is satisfactory to the Commission. (2) The cost of taking the required action pursuant to subsection (1) shall be a debt due to the Territory by the licensee and be recoverable in a court of competent jurisdiction. Part XI Miscellaneous 121 Power to exclude or remove persons (1) A licensee or employee of the licensee shall, or an inspector may, exclude or remove a person, not being a bona fide resident of the licensee's licensed premises, from the licensed premises if the person is intoxicated, violent, quarrelsome, disorderly or incapable of controlling his behaviour. (1A) A licensee, an employee of the licensee or an inspector may exclude or remove from the licensee's licensed premises: (a) a bona fide resident of the premises, if that resident is intoxicated, violent, quarrelsome, disorderly or incapable of controlling his behaviour; (b) subject to any other law in force in the Territory, any person (including a bona fide resident), if the presence or continued presence of the person on or at the premises would or might: (i) render the licensee liable to a penalty under this Act or any other law in force in the Territory; or (ii) in his opinion, disrupt the business of the licensee or unreasonably interfere with the wellbeing of other persons lawfully on the premises; or (c) for or during a period not exceeding 12 months from the time a person was found guilty of an offence relating to the possession or supply of a drug on licensed premises, that person. (2) A person to whom subsection (1) or (1A) is applicable shall immediately leave licensed premises on being requested to do so by the licensee, an employee of the licensee, an inspector or a member of the Police Force. (3) A member of the Police Force shall, on the demand of the licensee, an employee of the licensee or an inspector remove or assist in removing from licensed premises a person who has been requested by the licensee, an employee of the licensee or an inspector in accordance with subsection (2), to leave the premises. (4) A licensee, employee of a licensee, inspector or a member of the Police Force exercising a power under this section may use such force as is reasonably necessary for the purpose. 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 the Alcohol Court 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. 122A Duplicate licences, &c. Where the Commission is satisfied that a licence, special licence or permit issued under this Act has been destroyed, lost or stolen, it may, upon the application of the licensee or permit holder and upon payment to it of a fee of $2, issue to the licensee or permit holder a duplicate licence or permit, as the case may be. 123 Surrender of cancelled or suspended licence, special licence or permit (1) Where the Commission: (a) cancels or suspends a licence; (b) revokes a special licence; or (c) revokes a permit, the holder of the licence, special licence or permit, as the case may be, shall deliver the licence, special licence or permit to the Director as directed by the Commission. (2) Where the suspension of a licence is revoked, the Director shall return the licence to the holder. 123A Prosecution of licensee for actions of employee Where the actions of a person employed by a licensee would constitute an offence against this Act, the licensee may be prosecuted for the offence (whether or not the person employed is also prosecuted) as if the licensee had personally performed those actions. 124 Offences, penalties, &c. (1) A person shall not contravene or fail to comply with a provision of this Act or the regulations or a lawful requirement made pursuant to this Act. (2) A person who contravenes or fails to comply with a provision of this Act or the regulations or a lawful requirement made pursuant to this Act for which a penalty is not provided by a provision of this Act or the regulations other than this section, is liable on being found guilty to a penalty not exceeding: (a) for the first offence - $1,000 or imprisonment for 6 months; and (b) for a second or subsequent offence - $2,000 or imprisonment for 12 months. (3) An offence against this Act may be prosecuted summarily. 124AAA Additional penalty (1) Notwithstanding anything in this Act, the Commission may, in relation to the finding of guilt of a licensee for an offence against section 102, 105, 106B, 106C or 121, by notice in writing served on the licensee and for a period specified in the notice, not exceeding that prescribed by subsection (2): (a) suspend the licensee's licence; or (b) vary the licence so that the licence applies to and in relation to part only of the premises to which it previously applied, or, where the offence is a third or subsequent offence, instead of suspending or varying the licence, cancel the licence. (2) For the purposes of subsection (1), the following are the prescribed periods: (a) where the offence is the first offence by the licensee against any of the sections referred to in that subsection - 24 hours; (b) where the offence is a second offence - 7 days; and (c) where the offence is a third or subsequent offence - 28 days. (3) For the purposes of subsection (2)(b) or (c), an offence is a second, third or subsequent offence if the previous offence was an offence, or the previous offences were offences, against any of the sections referred to in subsection (1), whether committed before or after the commencement of this section. 124AA Regulatory offences (1) An offence of contravening or failing to comply with section 75(1) or (1B), 93(b), 101L(1), 102, 103, 104(1), 105, 106B(1), 111, 113, 114, 118, 119(1) or (10), 121(1) or 123(1) is a regulatory offence. (2) It is a defence to a prosecution for an offence referred to in subsection (1) if the defendant proves on the balance of probabilities that: (a) any contravention or failure to comply constituting the offence occurred in an emergency and was necessary to preserve life or prevent injury or to protect property; (b) any contravention or failure to comply constituting the offence was authorised by being in obedience to the order of a competent authority whom the defendant is bound by law to obey unless the order is manifestly unlawful (the determination of which is a matter of law); or (c) where the offence relates to section 106B, the defendant was shown an identification for the purposes of representing that the person who has not attained the age of 18 years had attained the age of 18 years, or that the person purporting to be a parent, guardian or spouse had attained the age of 18 years, and the defendant had no reasonable grounds for doubting the validity of the identification. 124A Averments in complaints In any proceedings for an offence against this Act or the regulations an averment by the prosecutor in a complaint or information that: (a) a specified person was or was not, at a specified time, the holder of a licence; (b) specified premises were or were not, at a specified time, licensed premises; or (c) a specified liquid is or is not liquor, or is or is not a type of liquor, is evidence of the facts averred. 124B Results of breath analysis as evidence In proceedings for an offence against this Act in which the question of whether a person was or was not intoxicated is in issue, the result of a breath analysis, by the use of a breath analysis instrument prescribed for the purposes of the Traffic Act, is admissible and is prima facie evidence of the person having, at the time the sample of breath to be analysed was taken, a concentration of alcohol in his or her blood not less than the concentration assessed by the analysis. 125 Delivery of documents by post Subject to the section 47F(5) and the Regulations, a document that is required or permitted to be given or delivered to, or lodged with a person, may be given, delivered or lodged, as the case may be, by post. 126 Commission may determine on procedures Subject to this Act, the Commission may determine the manner in which the business of the Commission will be conducted and the forms or contents of applications, licences, special licences, permits, notices, returns and other documents required by or for the purposes of this Act. 127 Commission may extend or abridge time (1) Where this Act provides that an act or thing may or is required to be done: (a) within a specified time; or (b) not before the expiration of a specified time, the Commission may, in its discretion, extend or abridge that time. (2) The Commission may extend time under subsection (1) notwithstanding that the time prescribed by this Act for the doing of an act or thing has expired. 128 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for giving effect to this Act. (2) Without limiting the generality of subsection (1), the Regulations may make provision for: (a) restriction of the days when and times during which licensed premises may be open for the sale of liquor for consumption away from the premises; (b) authorizing the Commission to permit a licensee to sell at times other than those prescribed in the Regulations liquor for consumption away from the premises and to endorse that licensee's licence accordingly, where it is satisfied that liquor sold at such times is not likely to be consumed in public or to lead to public drunkenness; (c) prohibiting or regulating the quantities or kinds of liquor that may be sold at licensed premises, whether at all licensed premises or at specified licensed premises or at specified types of licensed premises; (d) providing for the Commission, in exercising its powers and performing its functions, to take into account any prescribed general policy directions relating to that exercise or performance; (e) prohibiting or regulating the giving of credit for the purchase of liquor from licensed premises; (f) categories of licences and the conditions to which those licenses may be subject; and (g) fees to be charged in relation to applications or permits referred to in or under this Act. (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. 128A Acquisitions to be on just terms Where the application of a provision of this Act or a regulation made under it would, but for this section, result in an acquisition of property otherwise than on just terms, the person from whom the property is acquired shall be entitled to receive just compensation for the acquisition, and a court of competent jurisdiction may determine the amount of the compensation or make such order as, in its opinion, is necessary to ensure that the acquisition is on just terms. Part XII Transitional matters for Liquor Act 1978 130 Saving of inspectors' appointments An inspector appointed under the repealed Ordinance shall continue in office as if this Act had been in force when he was appointed and as if he were appointed under this Act. 132 References to repealed Ordinance A reference in a law of the Territory to the repealed Ordinance or a provision of the repealed Ordinance shall, unless the context is such that it would be inappropriate or the contrary intention appears, be construed as a reference to this Act or the corresponding provision of this Act, as the case requires. Part XIII Transitional matters for Antisocial Behaviour (Miscellaneous Amendments) Act 2006 133 Definitions In this Part: amendment Act means the Antisocial Behaviour (Miscellaneous Amendments) Act 2006. 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 7 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 5 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 7 of the amendment Act. Part XIV Transitional matters for Liquor Amendment Act 2006 137 Savings - restricted areas (1) A declaration of a restricted area in force immediately before the commencement of the Liquor Amendment Act 2006 (the commencement) has effect as if it were a declaration of a general restricted area. (2) Anything done for the declaration has effect as if it had been done for a declaration of a general restricted area. (3) An application for a declaration of a restricted area that was not decided immediately before the commencement has effect as if it were an application for a declaration of a general restricted area. (4) Anything done for the application has effect as if it had been done for an application for a declaration of a general restricted area. Part XV Transitional matters for Liquor Legislation Amendment Act 2007 138 Savings - permit (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. 139 Savings - licence (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. ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Liquor Act 1978 (Act No. 10, 1979) Assent date 22 January 1979 Commenced 12 February 1979 (Gaz No. 6, 9 February 1979, p 4) Liquor Act 1979 (Act No. 23, 1979) Assent date 27 March 1979 Commenced 27 March 1979 Remuneration (Statutory Bodies) Act 1979 (Act No. 9, 1980) Assent date 14 January 1980 Commenced 8 February 1980 (Gaz G6, 8 February 1980, p 6) Liquor Act 1980 (Act No. 35, 1980) Assent date 19 March 1980 Commenced 19 March 1980 Statute Law Revision Act 1980 (Act No. 6, 1981) Assent date 9 January 1981 Commenced 9 January 1981 Liquor Amendment Act 1981 (Act No. 33, 1981) Assent date 30 March 1981 Commenced 30 March 1981 Liquor Amendment Act (No. 2) 1981 (Act No. 88, 1981) Assent date 21 September 1981 Commenced 21 September 1981 Liquor Amendment Act (No. 3) 1981 (Act No. 110, 1981) Assent date 24 December 1981 Commenced 1 January 1982 (s 2) Liquor Amendment Act 1982 (Act No. 12, 1982) Assent date 8 April 1982 Commenced 8 April 1982 Liquor Amendment Act (No. 2) 1982 (Act No. 93, 1982) Assent date 14 December 1982 Commenced 17 December 1982 (Gaz S35, 17 December 1982) Criminal Law (Regulatory Offences) Act 1983 (Act No. 68, 1983) Assent date 28 November 1983 Commenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act No. 47, 1983), Gaz G46, 18 November 1983, p 11 and Gaz G8, 26 February 1986, p 5) Liquor Amendment Act 1984 (Act No. 39, 1984) Assent date 25 September 1984 Commenced 8 May 1985 (Gaz G18, 8 May 1985, p 7) Public Service and Statutory Authorities Amendment Act 1985 (Act No. 28, 1985) Assent date 26 June 1985 Commenced 26 June 1985 Statute Law Revision Act 1985 (Act No. 49, 1985) Assent date 1 October 1985 Commenced 1 October 1985 Liquor Amendment Act 1986 (Act No. 29, 1986) Assent date 14 July 1986 Commenced 1 October 1986 (Gaz G39, 1 October 1986, p 4) Liquor Amendment Act (No. 2) 1986 (Act No. 40, 1986) Assent date 19 September 1986 Commenced 1 October 1986 (s 2, s 2 Racing, Gaming and Liquor Commission Act 1986 (Act No. 39, 1986) and Gaz S70, 1 October 1986, p 1) Liquor Amendment Act 1988 (Act No. 47, 1988) Assent date 20 October 1988 Commenced 20 October 1988 Liquor Amendment Act (No. 2) 1988 (Act No. 62, 1988) Assent date 15 December 1988 Commenced 18 January 1989 (Gaz G2, 18 January 1989, p 5) Liquor Amendment Act 1989 (Act No. 67, 1989) Assent date 16 November 1989 Commenced 20 December 1989 (Gaz G50, 20 December 1989, p 8) Liquor Amendment Act 1990 (Act No. 61, 1990) Assent date 14 December 1990 Commenced 14 December 1990 Liquor Amendment Act (No. 2) 1990 (Act No. 62, 1990) Assent date 14 December 1990 Commenced 20 February 1991 (Gaz G7, 20 February 1991, p 2) Liquor Amendment Act 1991 (Act No. 13, 1991) Assent date 3 June 1991 Commenced 1 July 1991 (s 2) Liquor Amendment Act 1992 (Act No. 1, 1992) Assent date 13 March 1992 Commenced 1 April 1992 (Gaz S19, 30 March 1992) Liquor Amendment Act (No. 2) 1992 (Act No. 55, 1992) Assent date 24 September 1992 Commenced 24 September 1992 Liquor Amendment Act 1993 (Act No. 24, 1993) Assent date 24 June 1993 Commenced 24 June 1993 Public Sector Employment and Management (Consequential Amendments) Act 1993 (Act No. 28, 1993) Assent date 30 June 1993 Commenced 1 July 1993 (s 2, s 2 Public Sector Employment and Management Act 1993 (Act No. 11, 1993) and Gaz S53, 29 June 1993) Liquor Amendment Act (No. 2) 1993 (Act No. 46, 1993) Assent date 27 September 1993 Commenced 27 September 1993 Statute Law Revision Act (No. 2) 1993 (Act No. 70, 1993) Assent date 9 November 1993 Commenced 9 November 1993 Liquor Amendment Act (No. 3) 1993 (Act No. 75, 1993) Assent date 23 November 1993 Commenced 6 December 1993 (Gaz S97, 6 December 1993) Local Government (Consequential Amendments) Act 1993 (Act No. 84, 1993) Assent date 31 December 1993 Commenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act No. 83, 1993) and Gaz S35, 20 May 1994) Financial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995) Assent date 21 March 1995 Commenced 1 April 1995 (s 2, s 2 Financial Management 1995 (Act No. 4, 1995) and Gaz S13, 31 March 1995) Liquor Amendment Act 1996 (Act No. 20, 1996) Assent date 17 June 1996 Commenced 17 June 1996 Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996) Assent date 19 April 1996 Commenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996) Statute Law Revision Act 1996 (Act No. 42, 1996) Assent date 17 September 1996 Commenced 17 September 1996 Statute Law Revision Act 1999 (Act No. 27, 1999) Assent date 18 June 1999 Commenced 18 June 1999 Liquor Amendment Act 1999 (Act No. 70, 1999) Assent date 17 December 1999 Commenced 14 February 2000 (s 2, s 2 Northern Territory Licensing Commission Act 1999 (Act No. 67, 1999) and Gaz G5, 9 February 2000, p 6) Statute Law Revision Act 2001 (Act No. 3, 2001) Assent date 22 March 2001 Commenced 22 March 2001 Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001) Assent date 29 June 2001 Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001) Misuse of Drugs (Consequential Amendments) Act 2002 (Act No. 33, 2002) Assent date 16 July 2002 Commenced 1 August 2002 (Gaz G30, 31 July 2002, p 4) Statute Law Revision Act (No. 2) 2002 (Act No. 59, 2002) Assent date 7 November 2002 Commenced 7 November 2002 Liquor Amendment Act 2002 (Act No. 76, 2002) Assent date 11 December 2002 Commenced 24 January 2003 (Gaz G3, 22 January 2003, p 4) Liquor Amendment Act 2003 (Act No. 8, 2004) Assent date 7 January 2004 Commenced 1 September 2004 (Gaz G35, 1 September 2004, p 2) Liquor Amendment Act 2004 (Act No. 14, 2004) Assent date 15 March 2004 Commenced 5 May 2004 (Gaz G18, 5 May 2004, p 5) Statute Law Revision Act (No. 2) 2004 (Act No. 54, 2004) Assent date 15 September 2004 Commenced 27 October 2004 (Gaz G43, 27 October 2004, p 3) Police Administration Amendment (Powers and Liability) Act 2005 (Act No. 11, 2005) Assent date 17 March 2005 Commenced 20 April 2005 (Gaz G16, 20 April 2005, p. 5) Statute Law Revision Act 2005 (Act No. 44, 2005) Assent date 14 December 2005 Commenced 14 December 2005 Antisocial Behaviour (Miscellaneous Amendments) Act 2006 (Act No. 2, 2006) Assent date 8 March 2006 Commenced 14 June 2006 (Gaz G24, 14 June 2006, p 3) Liquor Amendment Act 2006 (Act No. 27, 2006) Assent date 19 September 2006 Commenced 19 September 2006 Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007 Liquor Legislation Amendment Act 2007 (Act No. 14, 2007) Assent date 4 September 2007 Commenced ss 9 to 11: 15 November 2007 (Gaz S34, 15 November 2007); s 20 (to extent it ins s 140): nc; rem: 14 September 2007 (Gaz S27, 14 September 2007) Liquor Legislation Amendment Act 2008 (Act No. 11, 2008) Assent date 23 May 2008 Commenced s 5: 31 March 2008 (s 2(2), r 2 Liquor Amendment Regulations 2007 and Gaz G11, 19 March 2008, p 3); rem: 23 June 2008 (Gaz G24, 18 June 2008, p 6) Local Government (Consequential Amendments) Act 2008 (Act No. 28, 2008) Assent date 14 November 2008 Commenced 1 July 2008 (s 2) 3 SAVINGS AND TRANSITIONAL PROVISIONS s 5 Liquor Amendment Act 1982 (Act No. 12, 1982) s 10 Liquor Amendment Act 1984 (Act No. 39, 1984) s 28 Liquor Amendment Act 1989 (Act No. 67, 1989) s 3 Liquor Amendment Act 1990 (Act No. 61, 1990) s 7 Liquor Amendment Act 1999 (Act No. 70, 1999) s 11 Liquor Amendment Act 2002 (Act No. 76, 2002) sch 2 Liquor Amendment Act 2004 (Act No. 14, 2004) 4 LIST OF AMENDMENTS lt amd No. 14, 2004, s 4 s 3 sub No. 14, 2004, s 5 s 4 amd No. 39, 1984, s 4; No. 40, 1986, s 4; No. 67, 1989, s 4; No. 13, 1991, s 4; No. 84, 1993, s 6; No. 42, 1996, s 3; No. 70, 1999, s 4; No. 14, 2004, s 6; No. 2, 2006, s 4; No. 27, 2006, s 3; No. 14, 2007, s 4; No. 28, 2008, s 3 s 5 amd No. 35, 1980, s 3; No. 33, 1981, s 3; No. 44, 2005, s 22 pt II div 1 hdg rep No. 40, 1986, s 5 ins No. 13, 1991, s 5 rep No. 70, 1999, s 5 s 6 rep No. 40, 1986, s 5 ins No. 13, 1991, s 5 amd No. 28, 1993, s 3; No. 5, 1995, s 19 rep No. 70, 1999, s 5 ins No. 14, 2004, s 7 s 7 amd No. 35, 1980, s 4; No. 93, 1982, s 4 rep No. 40, 1986, s 5 ins No. 13, 1991, s 5 amd No. 28, 1993, s 3 rep No. 70, 1999, s 5 s 8 amd No. 93, 1982, s 5 rep No. 40, 1986, s 5 ins No. 13, 1991, s 5 amd No. 28, 1993, s 3 rep No. 70, 1999, s 5 s 9 amd No. 9, 1980, s 6; No. 28, 1985, s 9 rep No. 40, 1986, s 5 ins No. 13, 1991, s 5 rep No. 70, 1999, s 5 s 10 rep No. 40, 1986, s 5 ins No. 13, 1991, s 5 rep No. 70, 1999, s 5 s 11 amd No. 28, 1985, s 9 rep No. 40, 1986, s 5 ins No. 13, 1991, s 5 rep No. 70, 1999, s 5 s 12 rep No. 40, 1986, s 5 ins No. 13, 1991, s 5 rep No. 70, 1999, s 5 s 13 rep No. 40, 1986, s 5 ins No. 13, 1991, s 5 rep No. 70, 1999, s 5 s 13A ins No. 13, 1991, s 5 rep No. 70, 1999, s 5 s 13B ins No. 13, 1991, s 5 rep No. 70, 1999, s 5 s 13C ins No. 13, 1991, s 5 rep No. 70, 1999, s 5 ss 14 - 16 rep No. 70, 1999, s 5 s 17 amd No. 23, 1979, s 3 rep No. 70, 1999, s 5 pt II div 3 hdg sub No. 67, 1989, s 13 amd No. 70, 1999, s 6 s 18 amd No. 70, 1999, s 6 s 19 amd No. 35, 1980, s 5; No. 67, 1989, s 5; No. 62, 1990, s 4 s 20 amd No. 40, 1986, s 6 s 21 amd No. 35, 1980, s 6 rep No. 40, 1986, s 7 s 22 amd No. 70, 1999, s 6; No. 27, 2006, s 4 s 23 amd No. 40, 1986, s 8; No. 11, 2005, s 23 s 23A ins No. 14, 2004, s 8 s 25 amd No. 88, 1981, s 3; No. 67, 1989, s 6; No. 17, 2001, s 11; No. 76, 2002, s 4 s 26 amd No. 67, 1989, s 7; No. 70, 1999, s 6; No. 14, 2004, s 9 s 26A ins No. 1, 1992, s 4 amd No. 17, 2001, s 11 sub No. 14, 2004, s 10 s 27 amd No. 93, 1982, s 6; No. 67, 1989, s 8; No. 70, 1999, s 6; No. 28, 2008, s 3 s 28 sub No. 14, 2004, s 11 s 29 amd No. 67, 1989, s 9; No. 70, 1999, s 6; No. 76, 2002, s 5; No. 14, 2004, s 23 s 30 amd No. 39, 1984, s 5 sub No. 67, 1989, s 10 amd No. 24, 1993, s 2 pt III div 2 hdg amd No. 67, 1989, s 13 sub No. 14, 2007, s 5 s 31 amd No. 12, 1982, s 3; No. 67, 1989, s 11; No. 1, 1992, s 5; No. 14, 2004, s 23; No. 2, 2006, s 5 s 31A ins No. 11, 2008, s 4 s 32 amd No. 67, 1989, s 12 sub No. 14, 2004, s 12 amd No. 14, 2007, s 6 s 32A ins No. 14, 2004, s 12 amd No. 54, 2004, s 7; No. 28, 2008, s 3 s 33 amd No. 70, 1999, s 6; No. 14, 2007, s 7 pt III div 2AA hdg ins No. 14, 2007, s 8 s 33AA ins No. 14, 2007, s 8 pt III div 2A hdg ins No. 8, 2004, s 4 amd No. 14, 2007, s 9 ss 33A - 33B ins No. 8, 2004, s 4 s 33C ins No. 8, 2004, s 4 amd No. 14, 2007, s 10 s 33D ins No. 8, 2004, s 4 s 33E ins No. 8, 2004, s 4 amd No. 14, 2007, s 11 ss 33F - 33I ins No. 8, 2004, s 4 pt III div 3 hdg rep No. 14, 2004, s 13 s 34 amd No. 35, 1980, s 7; No. 93, 1982, s 7 rep No. 67, 1989, s 14 s 35 amd No. 23, 1979, s 4; No. 35, 1980, s 8; No. 88, 1981, s 4; No. 110, 1981, s 4; No. 93, 1982, s 8; No. 39, 1984, s 6; No. 67, 1989, s 15; No. 61, 1990, s 2; No. 1, 1992, s 6; No. 27, 1999, s 15; No. 70, 1999, s 6 rep No. 14, 2004, s 13 s 36 sub No. 67, 1989, s 16 rep No. 14, 2004, s 13 s 37 amd No. 93, 1982, s 9 sub No. 67, 1989, s 16 rep No. 14, 2004, s 13 s 38 rep No. 67, 1989, s 16 ins No. 75, 1993, s 3 rep No. 14, 2004, s 13 s 39 amd No. 33, 1981, s 4; No. 70, 1999, s 6 s 41 amd No. 70, 1999, s 6; No. 14, 2004, s 23 s 42 rep No. 67, 1989, s 17 s 43 amd No. 70, 1999, s 6; No. 14, 2004, s 23 s 44 amd No. 70, 1999, s 6; No. 14, 2004, s 23 s 45 amd No. 70, 1999, s 6 s 46A ins No. 35, 1980, s 9 sub No. 14, 2004, s 14 amd No. 28, 2008, s 3 s 47 amd No. 88, 1981, s 5; No. 70, 1999, s 6 ss 47A - 47E ins No. 88, 1981, s 6 s 47F ins No. 76, 2002, s 6 amd No. 14, 2004, s 15 ss 47G - 47H ins No. 76, 2002, s 6 s 47I ins No. 76, 2002, s 6 amd No. 14, 2004, s 16 s 47J ins No. 76, 2002, s 6 s 48 amd No. 67, 1989, s 18; No. 70, 1999, s 6; No. 76, 2002, s 7 s 48A ins No. 67, 1989, s 19 amd No. 14, 2007, s 12 s 49 amd No. 67, 1989, s 20; No. 1, 1992, s 7; No. 70, 1999, s 6; No. 3, 2001, s 8; No. 76, 2002, s 8; No. 14, 2007, s 13 s 49A ins No. 33, 2002, s 5 s 50 amd No. 14, 2004, s 17 s 51 amd No. 35, 1980, s 10; No. 33, 1981, s 5; No. 67, 1989, s 21; No. 13, 1991, s 5; No. 70, 1999, s 6; No. 76, 2002, s 9 s 52 amd No. 70, 1999, s 6 s 53 amd No. 27, 2006, s 34 s 54 amd No. 27, 2006, s 34 s 56 amd No. 35, 1980, s 11 s 58 amd No. 70, 1999, s 6 s 59A ins No. 14, 2007, s 14 ss 60 - 62 amd No. 70, 1999, s 6 s 64 amd No. 67, 1989, s 22 s 66 amd No. 35, 1980, s 12; No. 1, 1992, s 8; No. 24, 1993, s 3 s 68 amd No. 17, 1996, s 6; No. 70, 1999, s 6 ss 69 - 71 amd No. 70, 1999, s 6 s 72 amd No. 67, 1989, s 23; No. 1, 1992, s 9; No. 17, 1996, s 6 pt VIII hdg sub No. 14, 2007, s 15 pt VIII div 1 hdg sub No. 14, 2007, s 16 s 73 amd No. 35, 1980, s 13; No. 27, 2006, s 5; No. 14, 2007, s 17 s 74 amd No. 35, 1980, s 14; No. 27, 2006, s 6 s 75 amd No. 35, 1980, s 15; No. 67, 1989, s 24; No. 62, 1990, s 5; No. 70, 1999, s 6; No. 27, 2006, s 7 s 76 amd No. 35, 1980, s 16; No. 70, 1999, s 6; No. 27, 2006, s 8 pt VIII div 1A hdg ins No. 27, 2006, s 9 s 76A ins No. 27, 2006, s 10 s 77 amd No. 70, 1999, s 6; No. 27, 2006, s 11; No. 28, 2008, s 3 s 78 amd No. 70, 1999, s 6; No. 27, 2006, s 12 s 79 amd No. 70, 1999, s 6; No. 28, 2008, s 3 s 80 amd No. 27, 2006, s 13 s 81 amd No. 35, 1980, s 17; No. 70, 1999, s 6; No. 14, 2004, s 23; No. 27, 2006, s 14 s 82 amd No. 35, 1980, s 18; No. 27, 2006, s 34 ss 83 - 85 amd No. 27, 2006, s 34 s 86 amd No. 27, 2006, s 15 pt VIII div 1B hdg ins No. 27, 2006, s 16 ss 86A - 86G ins No. 27, 2006, s 16 s 87 amd No. 35, 1980, s 19; No. 27, 2006, s 17 s 88 amd No. 27, 2006, s 18 s 89 amd No. 27, 2006, s 19 s 89A ins No. 27, 2006, s 20 s 90 amd No. 35, 1980, s 20; No. 70, 1999, s 6; No. 27, 2006, s 21 s 92 amd No. 70, 1999, s 6; No. 27, 2006, s 22 s 93 amd No. 33, 1981, s 6; No. 27, 2006, s 23 pt VIII div 3 hdg sub No. 27, 2006, s 24 s 94A ins No. 27, 2006, s 25 s 95 amd No. 27, 2006, s 26 sub No. 14, 2007, s 18 s 96 amd No. 93, 1982, s 10; No. 62, 1988, s 3; No. 17, 1996, s 6 sub No. 14, 2004, s 18 amd No. 4, 2007, s 5 sub No. 14, 2007, s 18 ss 97 - 98 amd No. 70, 1999, s 6 sub No. 14, 2007, s 18 s 99 sub No. 14, 2007, s 18 s 100 amd No. 70, 1999, s 6 rep No. 14, 2007, s 18 s 100A ins No. 62, 1988, s 4 amd No. 70, 1999, s 6 rep No. 14, 2007, s 18 s 101 amd No. 62, 1988, s 5; No. 70, 1999, s 6 rep No. 14, 2007, s 18 pt VIII div 4 hdg ins No. 27, 2006, s 27 ss 101AA - 101AC ins No. 27, 2006, s 27 pt VIIIAA hdg ins No. 14, 2007, s 19 pt VIIIAA div 1 hdg ins No. 14, 2007, s 19 ss 101AD - 101AH ins No. 14, 2007, s 19 pt VIIIAA div 2 hdg ins No. 14, 2007, s 19 ss 101AI - 101AL ins No. 14, 2007, s 19 pt VIIIAA div 3 hdg ins No. 14, 2007, s 19 ss 101AM - 101AW ins No. 14, 2007, s 19 pt VIIIA hdg ins No. 2, 2006, s 6 pt VIIIA div 1 hdg ins No. 2, 2006, s 6 ss 101A - 101E ins No. 2, 2006, s 6 s 101F ins No. 2, 2006, s 6 amd No. 27, 2006, s 34 ss 101G - 101K ins No. 2, 2006, s 6 pt VIIIA div 2 hdg ins No. 2, 2006, s 6 s 101L ins No. 2, 2006, s 6 amd No. 27, 2006, s 34 s 101M ins No. 2, 2006, s 6 amd No. 27, 2006, s 28 s 101N ins No. 2, 2006, s 6 amd No. 27, 2006, s 29; No. 14, 2007, s 21 s 101P ins No. 2, 2006, s 6 amd No. 27, 2006, s 30; No. 14, 2007, s 21 s 101Q ins No. 2, 2006, s 6 amd No. 14, 2007, s 21 s 101R ins No. 2, 2006, s 6 s 101S ins No. 2, 2006, s 6 sub No. 27, 2006, s 31 s 102 amd No. 35, 1980, s 21 sub No. 20, 1996, s 2 s 103 amd No. 35, 1980, s 21 s 104 amd No. 35, 1980, s 22 s 106 amd No. 35, 1980, s 23 sub No. 47, 1988, s 2; No. 67, 1989, s 25; No. 62, 1990, s 6 s 106A ins No. 47, 1988, s 2 amd No. 67, 1989, s 26 sub No. 62, 1990, s 6 s 106B ins No. 62, 1990, s 6 amd No. 1, 1992, s 10 s 106BA ins No. 1, 1992, s 11 ss 106C - 106D ins No. 62, 1990, s 6 s 106E ins No. 62, 1990, s 6 amd No. 70, 1999, s 6 s 107 amd No. 70, 1999, s 6 s 109 amd No. 17, 1996, s 6; No. 59, 2002, s 5 s 111 amd No. 93, 1982, s 11; No. 39, 1984, s 7; No. 14, 2004, s 19 s 113 amd No. 39, 1984, s 8; No. 70, 1999, s 6 ss 113AA - 113AB ins No. 39, 1984, s 9 s 113A ins No. 88, 1981, s 7 amd No. 70, 1999, s 6 s 114 sub No. 67, 1989, s 27 amd No. 70, 1999, s 6 s 116A ins No. 29, 1986, s 3 amd No. 62, 1990, s 7 s 117 amd No. 62, 1990, s 8 s 118 amd No. 35, 1980, s 24; No. 47, 1988, s 3 sub No. 62, 1990, s 9 amd No. 70, 1999, s 6 s 119 amd No. 70, 1999, s 6; No. 14, 2004, s 20; No. 28, 2008, s 3 s 121 amd No. 35, 1980, s 25; No. 6, 1981, s 4; No. 33, 1981, s 7; No. 55, 1992, s 2; No. 17, 1996, s 6 s 122 sub No. 1, 1992, s 12 amd No. 46, 1993, s 2; No. 70, 1993, s 8; No. 17, 1996, s 6; No. 70, 1999, s 6; No. 14, 2004, s 23 sub No. 2, 2006, s 7 s 122A ins No. 33, 1981, s 8 s 123 amd No. 70, 1999, s 6 s 123A ins No. 20, 1996, s 4 s 124 amd No. 35, 1980, s 26; No. 1, 1992, s 13; No. 24, 1993, s 4; No. 17, 1996, s 6 s 124AAA ins No. 24, 1993, s 5 amd No. 17, 1996, s 6 s 124AA ins No. 68, 1983, s 119 amd No. 49, 1985, s 4; No. 62, 1990, s 10; No. 1, 1992, s 14; No. 20, 1996, s 3; No. 14, 2004, s 23; No. 27, 2006, s 32 s 124A ins No. 35, 1980, s 27 s 124B ins No. 20, 1996, s 5 s 125 amd No. 76, 2002, s 10 s 128 amd No. 12, 1982, s 4; No. 1, 1992, s 15; No. 14, 2004, s 21; No. 2, 2006, s 8 s 128A ins No. 1, 1992, s 15 pt XII hdg amd No. 2, 2006, s 9 s 129 amd No. 23, 1979, s 5 rep No. 110, 1981, s 5 s 131 rep No. 12, 1982, s 5 pt XIII hdg ins No. 2, 2006, s 10 ss 133 - 136 ins No. 2, 2006, s 10 pt XIV hdg ins No. 27, 2006, s 33 s 137 ins No. 27, 2006, s 33 pt XV hdg ins No. 14, 2007, s 20 ss 138 - 139 ins No. 14, 2007, s 20 sch rep No. 14, 2004, s 22 Liquor Act viii Part XV Transitional matters for Liquor Legislation Amendment Act 2007 Liquor Act 114 ENDNOTES Liquor Act 125