Northern Territory Consolidated Acts Northern Territory Consolidated Acts9. Prohibition on arranging provision of services by persons found guilty of violent or drug offences
(1) The holder of an operator's licence may apply in the approved form to the Commissioner of Police for a certificate under this section in respect of an individual described in the application.
(2) An application under subsection (1) must be accompanied by a statutory declaration by the individual with respect to the prescribed matters.
(3) Within 7 days after receiving an application under subsection (1) accompanied by the statutory declaration required by subsection (2), the Commissioner of Police shall cause a search to be made of the records available to the Commissioner, and -
(a) if it appears from the search that the individual to whom the application relates has not at any time during the immediately preceding 10 years been found guilty of a violent offence or a relevant drug offence as defined in subsection (11), or of an attempt to commit such an offence -
(i) issue a certificate to that effect to the applicant; and
(ii) notify the individual in writing that a certificate has been so issued; or
(b) if it appears from the search that the individual has been so found guilty, refuse to issue such a certificate and -
(i) notify the applicant in writing of the refusal; and
(ii) notify the individual in writing of the refusal, specifying in the notification any finding of guilt by reason of which the issue of a certificate is refused.
(4) The holder of an operator's licence or manager's licence who, in the course of the business to which the licence relates, arranges for the provision of prostitution services by an individual other than the holder of a licence in respect of that business is guilty of an offence unless a certificate under this section is in force in respect of that individual at the time when the arrangement is made.
Penalty: $10,000.
(5) Where a person other than a licensee is authorised by a licensee to make arrangements for the provision of prostitution services on behalf of an escort agency business, an arrangement made by that person shall be treated for the purposes of subsection (4) as having been made by that licensee.
(6) Where -
(a) a certificate under this section is in force in respect of an individual; and
(b) an arrangement for the provision of prostitution services by that individual is made for the first time in the course of an escort agency business, the holder of the operator's licence in respect of which is not the person to whom the certificate was issued,
the holder of that operator's licence shall, not later than 7 days after the arrangement is made, notify the Commissioner of Police in writing of the making thereof.
Penalty: $2,000.
(7) Where an escort agency business ceases, otherwise than for reasons of a temporary nature, to make arrangements for the provision of prostitution services by an individual in respect of whom a certificate under this section is in force, the holder of the operator's licence in respect of the business shall, not later than 7 days after the cessation, notify the Commissioner of Police in writing thereof.
Penalty: $2,000.
(8) Where the holder of an operator's licence has given a notice under subsection (7) in respect of an individual, he or she shall, not later than 7 days after an arrangement for the provision of prostitution services by that individual is made in the course of the business in question for the first time after the giving of that notice, notify the Commissioner of Police in writing of the making of the arrangement.
Penalty: $2,000.
(9) If it appears to the Commissioner of Police that an individual in respect of whom a certificate is in force under this section has been found guilty of a violent offence or a relevant drug offence as defined in subsection (11) (whether committed before or after the issue of the certificate) or of an attempt to commit such an offence, the Commissioner shall -
(a) cancel the certificate by a notice in writing served on the person to whom it was issued;
(b) give written notice of the cancellation to any person who has given the Commissioner a notification under subsection (6) or (8) in relation to the individual, other than a person who, subsequently to the last giving of such a notification has given in relation to the individual a notification under subsection (7); and
(c) notify the individual in writing of the cancellation, specifying in the notification any finding of guilt in question.
(10) A notice under subsection (9)(a) shall require the person on whom it is served to surrender the certificate to the Commissioner not later than 14 days after the date on which the notice is served, and a person who fails to comply with the requirement is guilty of an offence.
Penalty: $2,000.
(11) In this section -
"relevant drug offence" means an offence against -
(a) section 5, 6(1) or (2), 7, 8, 9 or 11 of the Misuse of Drugs Act ; or
(b) a corresponding law (as defined in subsection (12)),
being an offence punishable on a finding of guilt (except where dealt with summarily) by imprisonment for 5 years or more;
"violent offence" means an offence involving the use or threat of violence against another person irrespective of the penalty that may be imposed on a finding of guilt.
(12) In subsection (11)(b), "corresponding law" means -
(a) a law (including a repealed law) of the Commonwealth, or of a State or another Territory of the Commonwealth; or
(b) a repealed law of the Territory,
which makes (or, when in force, made) provision substantially similar to a provision specified in subsection (11)(a).