Northern Territory Consolidated Acts

LIQUOR ACT - SECT 26A

(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.