Northern Territory Consolidated Acts Northern Territory Consolidated Acts31A. 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.