Northern Territory Consolidated Acts

SUMMARY OFFENCES ACT - SECT 45E

(1) The owner, or person responsible for the management of a public place may apply to the Commission for the issue to him of a Certificate of Exemption in respect of that public place, or such part of that public place as is specified in the application.

(2) The Commission may require an applicant under subsection (1) to cause to be published in such newspaper or newspapers as it nominates a notice:

(a) in such form;

(b) containing such particulars; and

(c) on such occasions,

as it specifies of the fact that the applicant has applied for the issue to him of a Certificate of Exemption.

(3) In considering an application made under subsection (1), the Commission shall take into account:

(a) the nature of the use to which the public place is generally put;

(b) the provision made for the disposal of litter at that public place; and

(c) any representations received in response to a notice published under subsection (2).

(4) The Commission may, and if required to do so by the Minister shall, conduct a hearing before issuing a Certificate of Exemption, and, if such a hearing is held:

(a) the provisions of section 51 of the Liquor Act , other than subsections (6), (7), (10A) to (10D) inclusive and (11) shall apply to the hearing; and

(b) for the purpose of construing section 51 of the Liquor Act in its application to the hearing, the word party means:

(i) the applicant for a certificate of exemption; or

(ii) a person who has made representations in response to a notice published under subsection (2).

(5) The Commission may, in its discretion, issue a Certificate of Exemption applied for under subsection (1) subject to such conditions, if any, as it thinks fit and specifies in the Certificate.

(6) A person to whom a Certificate of Exemption has been issued may:

(a) apply to the Commission for cancellation of the Certificate; or

(b) apply to the Commission for the variation of any conditions imposed under subsection (5), and subsections (2) and (4) apply to and in relation to an application under paragraph (b) as if it were an application under subsection (1) for the issue of a Certificate of Exemption to the applicant.

(7) The Commission may, by notice in writing, vary, suspend or cancel a Certificate of Exemption where the person or body to whom it was issued has contravened or failed to comply with the conditions of the Certificate specified under subsection (5), or has otherwise caused or allowed drinking in a public place in respect of which a Certificate has been issued to become a nuisance or annoyance to other persons using that place.