Commonwealth of Australia Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
STRONGER FUTURES IN THE NORTHERN TERRITORY BILL 2012
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Stronger Futures in the Northern
Territory Bill 2011
No. , 2011
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to build stronger futures for
Aboriginal people in the Northern Territory, and
for related purposes
i Stronger Futures in the Northern Territory Bill 2011 No. , 2011
Contents
Part 1--Preliminary
1
Division 1--Introduction
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3
Guide to this Act ................................................................................ 2
4
Object of this Act ............................................................................... 4
Division 2--The Dictionary
5
5 The
Dictionary
...................................................................................
5
Part 2--Tackling alcohol abuse
8
Division 1--Introduction
8
6
Guide to this Part ............................................................................... 8
7
Object of this Part .............................................................................. 9
Division 2--Modification of the NT Liquor Act and NT Liquor
Regulations in alcohol protected areas
10
8
Certain offences to apply in alcohol protected areas ....................... 10
9
Alcohol protected areas treated as general restricted areas .............. 15
10 Seizing
vehicles
...............................................................................
16
11
Modification of the NT Liquor Regulations .................................... 16
Division 3--Modification of NT liquor licences and NT liquor
permits in force in alcohol protected areas
17
12
Modification of NT liquor licences .................................................. 17
13
Modification of NT liquor permits .................................................. 18
Division 4--Notices about alcohol offences in alcohol protected
areas
19
14
Notices about alcohol offences in alcohol protected areas .............. 19
Division 5--Assessments of licensed premises
21
15
Assessments of licensed premises in the Northern Territory ........... 21
Division 6--Alcohol management plans
23
Subdivision A--Approving alcohol management plans
23
16
Application for approval of an alcohol management plan ............... 23
17 Determination
to
approve or refuse plan .......................................... 23
18 Procedure
before
refusing approval of plan ..................................... 24
19
Duration of approval of an alcohol management plan ..................... 25
20
Notice of determination about whether plan approved .................... 25
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 ii
Subdivision B--Variation and revocation of alcohol management
plans
26
21
No variation of alcohol management plan without approval ........... 26
22
Application for approval to vary alcohol management plan ............ 26
23
Approval of variation of alcohol management plan ......................... 27
24
Revocation of approval of alcohol management plan ...................... 27
25
Procedure before refusing to approve variation or revoking
approval ........................................................................................... 28
Subdivision C--Community managed alcohol areas
29
26 Community
managed
alcohol areas ................................................. 29
Division 7--Alcohol protected areas
30
27
Rules prescribing the areas that are alcohol protected areas ............ 30
Division 8--Independent review of Commonwealth and
Northern Territory laws relating to alcohol
33
28
Independent review of Commonwealth and Northern
Territory laws relating to alcohol ..................................................... 33
Division 9--Other matters
35
29
NT Licensing Commission etc. to provide information ................... 35
30
Modified NT Liquor Act and NT Liquor Regulations ..................... 35
31
AAT review of determinations under this Part ................................ 35
Part 3--Land reform
37
Division 1--Introduction
37
32
Guide to this Part ............................................................................. 37
33
Object of this Part ............................................................................ 37
Division 2--Town camps
38
34
Modifying NT laws in relation to town camps ................................ 38
Division 3--Community living areas
41
35
Modifying NT laws in relation to community living areas .............. 41
Part 4--Food security
43
Division 1--Guide to this Part
43
36
Guide to this Part ............................................................................. 43
37
Object of this Part ............................................................................ 44
Division 2--Certain community stores must be licensed
45
38
Prohibition on operating a community store without a licence ........ 45
39 Meaning
of
community store, owner and manager .......................... 46
40
More than one owner or manager of a community store ................. 48
iii Stronger Futures in the Northern Territory Bill 2011 No. , 2011
Division 3--Determining whether a community store is required
to be licensed
49
41
Determining whether a community store licence is required ........... 49
42
Procedure before determining that a licence is required .................. 49
43
Notice of determination about whether licence is required .............. 50
Division 4--Licensing of community stores
52
Subdivision A--Granting and refusing community store licences
52
44
Application for a community store licence ...................................... 52
45
Determination to grant or refuse a community store licence ........... 52
46 Meaning
of
food security matters .................................................... 53
47 Procedure
before
refusing
a community store licence ..................... 54
48
Community store licence may relate to more than one store ........... 55
49
Duration of community store licence ............................................... 55
50
Notice of determination about whether licence granted................... 55
Subdivision B--Conditions of community store licences
56
51
Community store licence is subject to conditions ............................ 56
52
Conditions that may be imposed at time of grant ............................ 56
53
Procedure before imposing a condition ........................................... 57
54
Condition about monitoring and audits ............................................ 58
55 Conditions
prescribed by the rules ................................................... 58
56 Breach
of
condition .......................................................................... 58
Subdivision C--Variation and revocation of community store
licences
59
57
Application to vary a community store licence................................ 59
58
Variation of community store licence .............................................. 59
59 Revocation
of
community store licence ........................................... 61
60
Procedure before varying, refusing to vary or revoking a
community store licence .................................................................. 61
Division 5--Requirement to register under the Corporations
(Aboriginal and Torres Strait Islander) Act 2006
63
61
Requirement to register under the CATSI Act ................................. 63
62 Secretary
may
require registration ................................................... 63
63
Procedure before determining that registration is required .............. 64
64
Notice of determination that registration is required ....................... 65
65
Community store licence may be revoked if owner is not
registered ......................................................................................... 65
66 Procedure
before
revoking licence ................................................... 66
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 iv
Division 6--Assessments of community stores in relation to
licensing
68
67 Community
stores
may be assessed ................................................. 68
68
Notice in relation to assessments ..................................................... 68
69
Appointment of authorised officers ................................................. 69
70 Identity
cards
...................................................................................
69
71
Power to enter premises for the purposes of making
assessments ...................................................................................... 69
72 Authorised
officers
may
obtain access to records and
assistance ......................................................................................... 70
73
Power to compel information relating to assessments ..................... 71
Division 7--Areas that are not in the food security area
73
74
Areas that are not in the food security area ...................................... 73
Division 8--Enforcement relating to food security
74
Subdivision A--Civil penalties
74
75
Civil penalty orders .......................................................................... 74
76 Civil
enforcement of penalty ........................................................... 75
77
Conduct contravening more than one civil penalty provision .......... 75
78 Multiple
contraventions
...................................................................
75
79
Proceedings may be heard together ................................................. 75
80
Civil evidence and procedure rules for civil penalty orders ............. 76
81
Contravening a civil penalty provision is not an offence ................. 76
82
Civil proceedings after criminal proceedings .................................. 76
83 Criminal
proceedings
during civil proceedings ............................... 76
84 Criminal
proceedings
after civil proceedings .................................. 76
85
Evidence given in civil proceedings not admissible in
criminal proceedings ........................................................................ 77
86
Ancillary contravention of civil penalty provisions ......................... 77
87
Continuing contraventions of civil penalty provisions .................... 78
88
Mistake of fact ................................................................................. 78
89
State of mind .................................................................................... 79
Subdivision B--Infringement notices
79
90
When an infringement notice may be given .................................... 79
91
Matters to be included in an infringement notice ............................. 80
92
Extension of time to pay amount ..................................................... 82
93
Withdrawal of an infringement notice ............................................. 82
94
Effect of payment of amount ........................................................... 84
95
Effect of this Division ...................................................................... 84
Subdivision C--Enforceable undertakings
85
96 Acceptance
of
undertakings ............................................................. 85
v Stronger Futures in the Northern Territory Bill 2011 No. , 2011
97 Enforcement
of
undertakings ........................................................... 86
Subdivision D--Injunctions
86
98
Grant of injunctions ......................................................................... 86
99 Interim
injunctions
...........................................................................
87
100 Discharging
or
varying injunctions .................................................. 87
101
Certain limits on granting injunctions not to apply .......................... 87
102
Other powers of a relevant court unaffected .................................... 88
Subdivision E--Civil jurisdiction of courts
88
103 Civil
jurisdiction
of courts ............................................................... 88
Division 9--Other matters
90
104
Information about criminal history .................................................. 90
105
Power to request information from public officials etc. ................... 90
106
Disclosure of information to public officials etc. ............................. 90
107
This Part does not affect legal professional privilege ...................... 91
108
Application of Northern Territory laws to community stores .......... 91
109 Interaction
with
other Commonwealth laws .................................... 91
110
AAT review of the Secretary's determinations under this
Part ................................................................................................... 92
Part 5--Other matters
94
Division 1--Introduction
94
111
Guide to this Part ............................................................................. 94
Division 2--Miscellaneous
95
112 Delegation
........................................................................................
95
113
References in Commonwealth or Northern Territory laws .............. 95
114
Modification of Northern Territory laws ......................................... 95
115 Northern
Territory
(Self-Government) Act ...................................... 96
116
Compensation for acquisition of property ....................................... 96
117
Review of the operation of this Act ................................................. 96
118 Sunset
provision
...............................................................................
97
119 Rules
................................................................................................
97
120 Regulations
......................................................................................
97
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 1
A Bill for an Act to build stronger futures for
1
Aboriginal people in the Northern Territory, and
2
for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
Division 1--Introduction
6
1 Short title
7
This Act may be cited as the Stronger Futures in the Northern
8
Territory Act 2011.
9
Part 1 Preliminary
Division 1 Introduction
Section 2
2 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
120
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Guide to this Act
13
This Act contains a number of measures aimed at building stronger
14
futures for Aboriginal people in the Northern Territory.
15
Part 2--Tackling alcohol abuse
16
The measures in Part 2 are aimed at reducing alcohol-related harm
17
to those Aboriginal people. Many of the measures apply in alcohol
18
Preliminary Part 1
Introduction Division 1
Section 3
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 3
protected areas (which are particular areas of the Northern
1
Territory that are prescribed by the rules (see section 27)).
2
Some of the measures in Part 2 modify the NT Liquor Act, and
3
licences and permits issued under that Act, so that they apply in
4
alcohol protected areas in a particular way. For example, section 8
5
inserts a number of offences (such as the offence for consuming
6
liquor in an alcohol protected area) into the NT Liquor Act.
7
Part 2 allows the Minister to request the NT Minister to appoint an
8
assessor to conduct an assessment of particular licensed premises
9
in the Northern Territory if the Minister reasonably believes that
10
the sale or consumption of liquor at or from those premises is
11
causing substantial alcohol-related harm to Aboriginal people (see
12
section 15).
13
Part 2 also deals with alcohol management plans and provides a
14
process for the approval of those plans by the Minister (see
15
Division 6 of that Part).
16
Part 3--Land reform
17
Part 3 contains measures relating to town camps and community
18
living areas. Those measures are aimed at facilitating the granting
19
of rights and interests, and promoting economic development, in
20
those camps and areas. Those measures allow regulations to be
21
made to modify particular laws of the Northern Territory to the
22
extent that those laws apply to town camps or community living
23
areas.
24
Part 4--Food security
25
Part 4 provides for a licensing regime for certain community stores
26
operating in the food security area (which is the whole of the
27
Northern Territory other than an area that is prescribed by the rules
28
(see section 74)). That regime is aimed at promoting food security
29
for Aboriginal communities.
30
The Secretary may determine, at any time, whether the owner of a
31
community store is required to hold a community store licence. If
32
Part 1 Preliminary
Division 1 Introduction
Section 4
4 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
the Secretary determines that the owner is required to hold a
1
licence, then the store will be prohibited from operating in the food
2
security area unless the owner obtains the licence. The Secretary
3
cannot determine that the owner is required to hold a licence unless
4
the Secretary is satisfied that the store is an important source of
5
food, drink or grocery items for an Aboriginal community.
6
If the Secretary grants a licence, the Secretary may impose
7
conditions on the licence. The owner will be required to comply
8
with those conditions, plus the conditions that are imposed by
9
Part 4 and the rules.
10
Part 5--Other matters
11
Part 5 has a number of miscellaneous provisions. It requires the
12
Minister to cause an independent review to be conducted of the
13
first 7 years of the operation of this Act (see section 117). It
14
provides that this Act sunsets 10 years after commencement (see
15
section 118). It also has other miscellaneous provisions (such as
16
the power to delegate, the power to make rules and the power to
17
make regulations).
18
4 Object of this Act
19
The object of this Act is to support Aboriginal people in the
20
Northern Territory to live strong, independent lives, where
21
communities, families and children are safe and healthy.
22
23
Preliminary Part 1
The Dictionary Division 2
Section 5
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 5
Division 2--The Dictionary
1
5 The Dictionary
2
In this Act:
3
alcohol protected area means an area in the Northern Territory that
4
is prescribed by rules made for the purposes of subsection 27(1).
5
business includes a business not carried on for profit.
6
business day means a day that is not a Saturday, a Sunday or a
7
public holiday in the Northern Territory.
8
CATSI Act means the Corporations (Aboriginal and Torres Strait
9
Islander) Act 2006.
10
circumstances of a community store include the store's size and
11
location.
12
civil penalty order: see subsection 75(5).
13
civil penalty provision: see subsection 75(2).
14
commencement means the day section 3 commences.
15
committee of management of an unincorporated association: see
16
subsection 39(8).
17
community living area: see subsection 35(2).
18
community store: see subsection 39(1).
19
dealings in land includes:
20
(a) selling, exchanging, leasing, mortgaging, disposing of, or
21
otherwise creating or passing a legal or equitable interest in,
22
land; or
23
(b) granting an easement or covenant over land or releasing an
24
easement or covenant benefiting land; or
25
(c) subdividing or consolidating land so as to affect, or
26
consenting to a plan of subdivision or consolidation of land
27
that affects, interests in land; or
28
Part 1 Preliminary
Division 2 The Dictionary
Section 5
6 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(d) making a development application in relation to land; or
1
(e) any other action (including executing an instrument) relating
2
to land.
3
Note:
In this Act, a reference to land includes any estate or interest in land,
4
whether legal or equitable.
5
enforceable provision means:
6
(a) a civil penalty provision; or
7
(b) a provision of Part 4 (about food security) that creates an
8
offence.
9
food security: see subsection 37(3).
10
food security area: see subsection 38(2).
11
food security matters: see section 46.
12
grocery items include items for basic household needs, such as
13
personal care and hygiene products, cleaning products and cooking
14
utensils.
15
land includes any estate or interest in land, whether legal or
16
equitable.
17
licensed premises has the same meaning as in the NT Liquor Act.
18
liquor has the same meaning as in the NT Liquor Act.
19
manager of a community store: see subsection 39(3).
20
modify includes add, omit and substitute.
21
nominated person: see subsection 24(2).
22
NT Licensing Commission means the Commission (within the
23
meaning of the NT Liquor Act).
24
NT Liquor Act means the Liquor Act of the Northern Territory.
25
Note:
The reference to the Liquor Act of the Northern Territory is to be
26
construed as a reference to that Act as originally enacted and as
27
amended from time to time: see section 10A of the Acts Interpretation
28
Act 1901 of the Commonwealth.
29
Preliminary Part 1
The Dictionary Division 2
Section 5
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 7
NT liquor licence means a licence issued under Part III of the NT
1
Liquor Act.
2
NT liquor permit means a permit issued under section 87 of the
3
NT Liquor Act.
4
NT Liquor Regulations means the Liquor Regulations of the
5
Northern Territory.
6
Note:
The reference to the Liquor Regulations of the Northern Territory is to
7
be construed as a reference to those Regulations as originally enacted
8
and as amended from time to time: see section 10A of the Acts
9
Interpretation Act 1901 of the Commonwealth.
10
NT Minister means the Minister of the Northern Territory who is
11
responsible for the administration of the NT Liquor Act.
12
owner of a community store: see subsections 39(2) and (5).
13
penalty unit has the same meaning as in section 4AA of the Crimes
14
Act 1914.
15
premises includes any place (whether enclosed or built on or not)
16
and, in particular, includes:
17
(a) a building, aircraft, vehicle or vessel; and
18
(b) any structure, whether a fixed structure or a moveable
19
structure such as a tent, and whether on land or floating on
20
any waters; and
21
(c) a part of premises (including premises of a kind referred to in
22
paragraph (a) or (b)).
23
relevant court in relation to a matter means any of the following
24
courts:
25
(a) the Federal Court of Australia;
26
(b) the Federal Magistrates Court;
27
(c) a superior court, or lower court, of the Northern Territory;
28
that has jurisdiction in relation to the matter (see section 103).
29
rules means the rules made by the Minister under section 119.
30
Secretary means the Secretary of the Department.
31
town camp: see subsection 34(2).
32
Part 2 Tackling alcohol abuse
Division 1 Introduction
Section 6
8 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
Part 2--Tackling alcohol abuse
1
Division 1--Introduction
2
6 Guide to this Part
3
This Part contains measures aimed at reducing alcohol-related
4
harm to Aboriginal people in the Northern Territory. Many of
5
those measures apply in alcohol protected areas (which are
6
particular areas of the Northern Territory that are prescribed by the
7
rules (see section 27)).
8
Division 2 modifies the NT Liquor Act so that it applies in alcohol
9
protected areas in a particular way. For example, section 8 inserts a
10
number of offences into that Act, such as the offence for
11
consuming liquor in an alcohol protected area.
12
Division 3 modifies NT liquor licences and NT liquor permits that
13
are in force in alcohol protected areas. Those modifications affect
14
what the licence or permit authorises. The Division also allows the
15
Minister to vary the conditions of the licence or permit.
16
Division 4 allows the NT Licensing Commission to post a notice,
17
at an access point to an alcohol protected area, notifying people
18
about the alcohol offences that apply in that area.
19
Division 5 provides a mechanism under which the Minister may
20
request the NT Minister to appoint an assessor to conduct an
21
assessment of particular licensed premises in the Northern
22
Territory. The Minister may only make the request if the Minister
23
reasonably believes that the sale or consumption of liquor at or
24
from the premises is causing substantial alcohol-related harm to
25
Aboriginal people.
26
Division 6 deals with alcohol management plans. In particular, it
27
provides a process for the approval of alcohol management plans
28
by the Minister.
29
Tackling alcohol abuse Part 2
Introduction Division 1
Section 7
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 9
Division 7 deals with the process for making rules prescribing that
1
an area is an alcohol protected area.
2
Division 8 requires the Minister and the NT Minister to cause an
3
independent review to be undertaken of the operation of specified
4
laws of the Commonwealth and the Northern Territory that relate
5
to alcohol. In particular, the review must assess the effectiveness of
6
those laws in reducing alcohol-related harm to Aboriginal people.
7
Division 9 deals with miscellaneous matters relating to this Part
8
(such as the NT Licensing Commission providing information
9
requested by the Minister and administrative review of certain
10
determinations made under this Part).
11
7 Object of this Part
12
The object of this Part is to enable special measures to be taken to
13
reduce alcohol-related harm to Aboriginal people in the Northern
14
Territory.
15
16
Part 2 Tackling alcohol abuse
Division 2 Modification of the NT Liquor Act and NT Liquor Regulations in alcohol
protected areas
Section 8
10 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
Division 2--Modification of the NT Liquor Act and NT
1
Liquor Regulations in alcohol protected areas
2
8 Certain offences to apply in alcohol protected areas
3
The NT Liquor Act applies, while this Act is in effect, as if the
4
following Division were included as Division 1AA of Part VIII of
5
that Act (after Division 1 of that Part).
6
Note:
This Act ceases to have effect at the end of 10 years after
7
commencement: see section 118.
8
Division 1AA--Prohibitions in alcohol protected areas
9
75A Preliminary
10
"(1) In this Division:
11
alcohol protected area has the same meaning as in the Stronger
12
Futures in the Northern Territory Act 2011 of the Commonwealth.
13
boat means any kind of vessel used in navigation by water.
14
Commonwealth Minister means the Commonwealth Minister
15
responsible for the administration of the Stronger Futures in the
16
Northern Territory Act 2011 of the Commonwealth.
17
recreational activities does not include an activity the sole or
18
primary purpose of which is the consumption of liquor.
19
supply includes supply by way of sale, exchange or gift.
20
"(2) Part IIAA of the Criminal Code applies to an offence against this
21
Division.
22
"(3) This Division does not apply in relation to anything done in the
23
normal course of the provision of a postal service (within the
24
meaning of paragraph 51(v) of the Constitution of the
25
Commonwealth).
26
Tackling alcohol abuse Part 2
Modification of the NT Liquor Act and NT Liquor Regulations in alcohol protected
areas Division 2
Section 8
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 11
75B Possessing etc. liquor in alcohol protected areas
1
"(1) A person commits an offence if:
2
(a)
the
person:
3
(i) brings liquor into an area; or
4
(ii) has liquor in his or her possession, or under his or her
5
control, in an area; or
6
(iii) consumes liquor in an area; and
7
(b) the area is an alcohol protected area.
8
Maximum penalty: 100 penalty units or imprisonment for 6
9
months.
10
"(2) It is a defence to a prosecution for an offence against subsection (1)
11
if the defendant proves, on the balance of probabilities, that, when
12
the conduct referred to in subsection (1)(a) was engaged in:
13
(a) the defendant was in a boat that was on waters; and
14
(b) the defendant was engaged in recreational boating activities
15
or commercial fishing activities.
16
"(3) The defence in subsection (2) is not available to the defendant if
17
the prosecution proves, beyond reasonable doubt, that, when the
18
conduct referred to in subsection (1)(a) was engaged in, the boat
19
was on waters in an area that was covered by a declaration made
20
by the Commonwealth Minister under section 75D(1).
21
"(4) It is a defence to a prosecution for an offence against subsection (1)
22
if the defendant proves, on the balance of probabilities, that, when
23
the conduct referred to in subsection (1)(a) was engaged in:
24
(a) the defendant was engaged in recreational activities; and
25
(b) the activities were organised by a person whose business
26
consisted of or included operating tours for tourists; and
27
(c) if the alcohol protected area in which the conduct was
28
engaged in is in a national park or a Northern Territory
29
park--the activities were consistent with the management
30
plan or similar document (if any) for the park; and
31
(d) if the conduct is conduct referred to in
32
subsection (1)(a)(iii)--the defendant was behaving in a
33
responsible manner.
34
Part 2 Tackling alcohol abuse
Division 2 Modification of the NT Liquor Act and NT Liquor Regulations in alcohol
protected areas
Section 8
12 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
"(5) It is a defence to a prosecution for an offence against
1
subsection (1)(a)(i) or (ii) if the defendant proves, on the balance of
2
probabilities, that, when the defendant engaged in the conduct
3
referred to in that subparagraph, the defendant did so for the
4
purposes of other people engaging in recreational activities covered
5
by subsection (4).
6
"(6) The defence in subsection (4) or (5) is not available to the
7
defendant if the prosecution proves, beyond reasonable doubt, that,
8
when the conduct referred to in subsection (1)(a) was engaged in in
9
the area, the area was not covered by a declaration made by the
10
Commonwealth Minister under section 75D(2).
11
"(7) It is a defence to a prosecution for an offence against subsection (1)
12
if the defendant proves, on the balance of probabilities, that the
13
conduct referred to in subsection (1)(a):
14
(a) occurred in an emergency; and
15
(b) was necessary to preserve life, prevent injury or to protect
16
property.
17
75C Supplying etc. liquor in alcohol protected areas
18
"(1) A person commits an offence if:
19
(a)
the
person:
20
(i) supplies liquor to a third person; or
21
(ii) transports liquor intending to supply any of it, or
22
believing that another person intends to supply any of it,
23
to a third person; or
24
(iii) possesses liquor intending to supply any of it to a third
25
person; and
26
(b) the third person is in an alcohol protected area.
27
Maximum penalty: 100 penalty units or imprisonment for 6
28
months.
29
"(2) It is a defence to a prosecution for an offence against subsection (1)
30
if the defendant proves, on the balance of probabilities, that, when
31
the conduct referred to in subsection (1)(a) was engaged in:
32
(a) the defendant was in a boat that was on waters; and
33
Tackling alcohol abuse Part 2
Modification of the NT Liquor Act and NT Liquor Regulations in alcohol protected
areas Division 2
Section 8
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 13
(b) the defendant was engaged in recreational boating activities
1
or commercial fishing activities; and
2
(c) the third person was in the same boat.
3
"(3) The defence in subsection (2) is not available to the defendant if
4
the prosecution proves, beyond reasonable doubt, that, when the
5
conduct referred to in subsection (1)(a) was engaged in, the boat
6
was on waters in an area that was covered by a declaration made
7
by the Commonwealth Minister under section 75D(1).
8
"(4) It is a defence to a prosecution for an offence against subsection (1)
9
if the defendant proves, on the balance of probabilities, that, when
10
the conduct referred to in subsection (1)(a) was engaged in:
11
(a) the defendant and the third person were engaged in
12
recreational activities; and
13
(b) the activities were organised by a person whose business
14
consisted of or included operating tours for tourists; and
15
(c) if the alcohol protected area in which the conduct was
16
engaged in is in a national park or a Northern Territory
17
park--the activities were consistent with the management
18
plan or similar document (if any) for the park.
19
"(5) It is a defence to a prosecution for an offence against
20
subsection (1)(a)(ii) or (iii) if the defendant proves, on the balance
21
of probabilities, that, when the defendant engaged in the conduct
22
referred to in that subparagraph, the defendant did so for the
23
purposes of other people engaging in recreational activities covered
24
by subsection (4).
25
"(6) The defence in subsection (4) or (5) is not available to the
26
defendant if the prosecution proves, beyond reasonable doubt, that,
27
when the conduct referred to in subsection (1)(a) was engaged in in
28
the area, the area was not covered by a declaration made by the
29
Commonwealth Minister under section 75D(2).
30
"(7) If the quantity of alcohol involved in the commission of an offence
31
against subsection (1) is greater than 1,350 ml:
32
(a) the maximum penalty for the offence is 680 penalty units or
33
imprisonment for 18 months; and
34
Part 2 Tackling alcohol abuse
Division 2 Modification of the NT Liquor Act and NT Liquor Regulations in alcohol
protected areas
Section 8
14 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(b) a person who engages in conduct specified in
1
subsection (1)(a)(ii) or (iii) is taken to have done so:
2
(i) intending to supply the alcohol; or
3
(ii) believing that another person intends to supply the
4
alcohol;
5
as the subparagraph requires, to a person in an alcohol
6
protected area.
7
"(8) Paragraph (b) of subsection (7) does not apply in relation to a
8
subparagraph mentioned in that paragraph if the person proves, on
9
the balance of probabilities, that he or she did not have the
10
intention or belief required by that subparagraph.
11
"(9) It is a defence to a prosecution for an offence against subsection (1)
12
if the defendant proves, on the balance of probabilities, that the
13
conduct referred to in subsection (1)(a):
14
(a) occurred in an emergency; and
15
(b) was necessary to preserve life, prevent injury or to protect
16
property.
17
75D Areas in which defences are, or are not, available
18
"(1) The Commonwealth Minister may declare that a specified area of
19
waters in an alcohol protected area is an area in relation to which a
20
defence under section 75B(2) or 75C(2) is not available.
21
"(2) The Commonwealth Minister may declare that a specified area of
22
land or waters in an alcohol protected area is an area in relation to
23
which a defence under section 75B(4), 75B(5), 75C(4) or 75C(5) is
24
available.
25
"(3) A declaration under subsection (1) or (2) is a legislative instrument
26
under the Legislative Instruments Act 2003 of the Commonwealth.
27
75E Notices about defences
28
"While an area is declared under section 75D(1), the Commission
29
may cause a notice stating that a defence under section 75B(2) or
30
75C(2) is not available in relation to the area:
31
Tackling alcohol abuse Part 2
Modification of the NT Liquor Act and NT Liquor Regulations in alcohol protected
areas Division 2
Section 9
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 15
(a) to be posted and to be kept posted at a place where a
1
customary access route enters the area; and
2
(b) to be published in a newspaper circulating in the district in
3
which the relevant area is situated.
4
75F Offence relating to Commonwealth notices
5
"(1) A person commits an offence if the person:
6
(a) removes a notice posted under section 14(3) of the Stronger
7
Futures in the Northern Territory Act 2011 of the
8
Commonwealth; or
9
(b) damages such a notice.
10
Maximum penalty: 5 penalty units.
11
"(2) It is a defence to a prosecution for an offence against subsection (1)
12
if the defendant proves, on the balance of probabilities, that the
13
conduct was engaged in in the course of the person's duties."."
14
9 Alcohol protected areas treated as general restricted areas
15
(1) The NT Liquor Act (other than section 75 of that Act) applies,
16
while this Act is in effect, as if each alcohol protected area were a
17
general restricted area under that Act.
18
Note:
This Act ceases to have effect at the end of 10 years after
19
commencement: see section 118.
20
(2) Any amendment of a law of the Northern Territory, or any action
21
taken under a law of the Northern Territory (whether the
22
amendment commences, or the action is taken, before, on or after
23
commencement):
24
(a) has no force or effect; and
25
(b) is taken never to have had any force or effect;
26
to the extent that it would otherwise have the effect of preventing
27
the NT Liquor Act operating as if each alcohol protected area were
28
a general restricted area under that Act.
29
Part 2 Tackling alcohol abuse
Division 2 Modification of the NT Liquor Act and NT Liquor Regulations in alcohol
protected areas
Section 10
16 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
10 Seizing vehicles
1
The NT Liquor Act applies, while this Act is in effect, as if the
2
following section were included as section 95A of that Act (after
3
section 95 of that Act).
4
Note:
This Act ceases to have effect at the end of 10 years after
5
commencement: see section 118.
6
95A Seizing vehicles
7
"In deciding whether to seize a vehicle under section 95, an
8
inspector must have regard to:
9
(a) whether the main use of the vehicle is for the benefit of a
10
community as a whole; and
11
(b) the hardship that might be caused to the community if the
12
vehicle were seized."."
13
11 Modification of the NT Liquor Regulations
14
The NT Liquor Regulations apply, while this Act is in effect, as if
15
an offence against subsection 75F(1) of the Liquor Act (see
16
section 8) were an infringement offence for the purposes of those
17
Regulations.
18
Note:
This Act ceases to have effect at the end of 10 years after
19
commencement: see section 118.
20
Tackling alcohol abuse Part 2
Modification of NT liquor licences and NT liquor permits in force in alcohol protected
areas Division 3
Section 12
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 17
Division 3--Modification of NT liquor licences and NT
1
liquor permits in force in alcohol protected areas
2
12 Modification of NT liquor licences
3
(1) This section applies to a NT liquor licence that is in force in
4
relation to premises in a particular alcohol protected area
5
(whenever the licence was issued).
6
(2) The licence continues in force according to its terms, subject to the
7
NT Liquor Act and this section.
8
(3) While this Act is in effect, the licence is subject to a condition that
9
the licensee must not sell liquor for consumption away from the
10
licensed premises unless the purchaser holds a NT liquor permit
11
that is in force in the particular alcohol protected area.
12
Note:
This Act ceases to have effect at the end of 10 years after
13
commencement: see section 118.
14
(4) The Minister may, by written notice given to the licensee and the
15
NT Licensing Commission, determine that the licence does not,
16
from the day specified in the notice and for a period (if any)
17
specified in the notice, authorise the sale of liquor, or the sale and
18
consumption of liquor on, at, or away from, those premises.
19
(5) The Minister may, by written notice given to the licensee and the
20
NT Licensing Commission, determine that the conditions of the
21
licence are varied in a way specified in the notice, from the day
22
specified in the notice and for a period (if any) specified in the
23
notice.
24
(6) For the purposes of subsections (4) and (5), the day specified in the
25
notice must be at least 14 days after the day the notice is given to
26
the licensee.
27
(7) If a determination is made under subsection (4) or (5), then, while
28
this Act is in effect, the NT Liquor Act and the licence apply
29
accordingly.
30
Note:
This Act ceases to have effect at the end of 10 years after
31
commencement: see section 118.
32
Part 2 Tackling alcohol abuse
Division 3 Modification of NT liquor licences and NT liquor permits in force in
alcohol protected areas
Section 13
18 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
13 Modification of NT liquor permits
1
(1) This section applies to a NT liquor permit that is in force in an
2
alcohol protected area (whenever the permit was issued).
3
(2) The permit continues in force according to its terms, subject to the
4
NT Liquor Act and this section.
5
(3) The Minister may, by written notice given to the permit holder and
6
the NT Licensing Commission, determine that the permit does not
7
authorise the permit holder to:
8
(a) bring liquor into; or
9
(b) have liquor in his or her possession or under his or her
10
control within; or
11
(c) consume liquor within;
12
an alcohol protected area, from the day specified in the notice and
13
for a period (if any) specified in the notice.
14
(4) The Minister may, by written notice given to the permit holder and
15
the NT Licensing Commission, determine that the conditions of the
16
permit are varied in a way specified in the notice, from the day
17
specified in the notice and for a period (if any) specified in the
18
notice.
19
(5) For the purposes of subsections (3) and (4), the day specified in the
20
notice must be at least 14 days after the day the notice is given to
21
the permit holder.
22
(6) If a determination is made under subsection (3) or (4), then, while
23
this Act is in effect, the NT Liquor Act and the permit apply
24
accordingly.
25
Note:
This Act ceases to have effect at the end of 10 years after
26
commencement: see section 118.
27
Tackling alcohol abuse Part 2
Notices about alcohol offences in alcohol protected areas Division 4
Section 14
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 19
Division 4--Notices about alcohol offences in alcohol
1
protected areas
2
14 Notices about alcohol offences in alcohol protected areas
3
(1) The NT Licensing Commission may determine that a notice:
4
(a) stating that it is an offence to bring liquor into, to be in
5
possession or control of liquor, or to consume or sell liquor,
6
within an area that is an alcohol protected area; and
7
(b) setting out any other information that the Commission
8
considers appropriate;
9
should be posted at the following places:
10
(c) the place where a customary access route enters the area;
11
(d) the customary departure locations for aircraft flying into the
12
area.
13
(2) The NT Licensing Commission must ensure that the wording of the
14
notice is respectful to Aboriginal people.
15
(3) If a determination under subsection (1) is in force, the Commission
16
must cause the notice to be posted and kept posted at those places
17
while the area is an alcohol protected area.
18
(4) The NT Licensing Commission may cause to be published in a
19
newspaper circulating in the district in which the area is situated a
20
notice:
21
(a) describing the area; and
22
(b) stating that it is an offence to bring liquor into, to be in
23
possession or control of liquor, or to consume or sell liquor,
24
within the area; and
25
(c) setting out any other information that the Commission
26
considers appropriate.
27
(5) Before making a determination under subsection (1), the NT
28
Licensing Commission must consult people living in the area on:
29
(a) the proposal to make the determination; and
30
(b) the content and wording of the notice.
31
Part 2 Tackling alcohol abuse
Division 4 Notices about alcohol offences in alcohol protected areas
Section 14
20 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(6) When making a determination under subsection (1), the NT
1
Licensing Commission must have regard to:
2
(a) any information that the Commission has that is relevant to
3
exercising a power under subsection (1) in relation to the area
4
(such as information about a high incidence of
5
alcohol-related crime in that area); and
6
(b) any advice given by the Australian Federal Police or the
7
police force of the Northern Territory relating to the effect on
8
enforcement in the area of the alcohol restrictions provided
9
by this Part if the power under subsection (1) were or were
10
not exercised; and
11
(c) the circumstances and views of people who are living in the
12
area, to the extent that those circumstances and views relate
13
to the determination; and
14
(d) any other matter the Commission considers relevant.
15
(7) The NT Licensing Commission may revoke a determination under
16
subsection (1).
17
Tackling alcohol abuse Part 2
Assessments of licensed premises Division 5
Section 15
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 21
Division 5--Assessments of licensed premises
1
15 Assessments of licensed premises in the Northern Territory
2
(1) The Minister may make a request under subsection (2) in relation
3
to particular licensed premises in the Northern Territory if:
4
(a) the Minister reasonably believes that the sale or consumption
5
of liquor at or from the premises is causing substantial
6
alcohol-related harm to Aboriginal people; and
7
(b) at least 28 days before giving the request, the Minister has
8
notified the NT Minister that the Minister proposes to make
9
the request in relation to the premises.
10
(2) The Minister may, by written notice, request the NT Minister to
11
appoint an assessor (within the meaning of the NT Liquor Act) to
12
conduct an assessment in relation to the premises:
13
(a) in accordance with the terms specified in the request; and
14
(b) within the period specified in the request.
15
(3) If the NT Minister receives a request under subsection (2), then:
16
(a) the NT Minister must appoint an assessor to conduct an
17
assessment in relation to the premises in accordance with the
18
terms, and within the period, specified in the request; and
19
(b) the assessor must:
20
(i) conduct an assessment in relation to the premises in
21
accordance with the terms, and within the period,
22
specified in the request; and
23
(ii) give the NT Minister a copy of the assessment; and
24
(c) the NT Minister must give the Minister a copy of the
25
assessment as soon as practicable after receiving it from the
26
assessor.
27
(4) However, subsection (3) does not apply if the NT Minister:
28
(a) declines the request on the grounds referred to in
29
subsection (5); and
30
(b) complies with the requirements of subsection (6).
31
(5) The NT Minister may decline the request if the NT Minister
32
reasonably believes that compliance with the request:
33
Part 2 Tackling alcohol abuse
Division 5 Assessments of licensed premises
Section 15
22 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(a) would place an undue financial burden on the Northern
1
Territory (including the NT Licensing Commission); or
2
(b) would otherwise be inappropriate.
3
(6) If the NT Minister declines the request under subsection (5), the
4
NT Minister must, within 28 days of receiving the request:
5
(a) give the Minister a statement setting out the decision and the
6
reasons for it; and
7
(b) publish the statement on the NT Minister's website.
8
(7) If the Minister receives a statement from the NT Minister under
9
subsection (6), the Minister may publish the statement on the
10
Minister's website.
11
12
Tackling alcohol abuse Part 2
Alcohol management plans Division 6
Section 16
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 23
Division 6--Alcohol management plans
1
Subdivision A--Approving alcohol management plans
2
16 Application for approval of an alcohol management plan
3
(1) A person or entity may apply for approval of an alcohol
4
management plan by lodging a written application in accordance
5
with this section.
6
(2) An application under subsection (1) must:
7
(a) be in the form (if any) that is prescribed by the rules; and
8
(b) include the information (if any) that is prescribed by the
9
rules; and
10
(c) be accompanied by the alcohol management plan; and
11
(d) be accompanied by other documents (if any) that are
12
prescribed by the rules.
13
(3) The alcohol management plan must:
14
(a) be in the form (if any) that is prescribed by the rules; and
15
(b) include the information (if any) that is prescribed by the
16
rules.
17
(4) An application under subsection (1) is lodged by being delivered:
18
(a) to a person apparently performing duties at a place that is
19
prescribed by the rules; or
20
(b) in a manner, and to a place, that is prescribed by the rules; or
21
(c) to a person approved for the purpose by the Secretary.
22
17 Determination to approve or refuse plan
23
(1) If an application for approval of an alcohol management plan has
24
been made under subsection 16(1), the Minister must make a
25
determination whether to approve the plan.
26
Note:
If the Minister proposes to refuse to approve the plan under
27
subsection (1), the procedure in section 18 must be followed first.
28
(2) In making a determination under subsection (1), the Minister must
29
have regard to:
30
Part 2 Tackling alcohol abuse
Division 6 Alcohol management plans
Section 18
24 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(a) the object of this Part (see section 7); and
1
(b) any matter that is prescribed by the rules; and
2
(c) any other matter that the Minister considers relevant.
3
(3) The Minister must not approve a plan under subsection (1) unless
4
the Minister is satisfied that the plan meets the requirements (if
5
any) applying to alcohol management plans that are prescribed by
6
the rules.
7
(4) The Minister may refuse to approve an alcohol management plan
8
under subsection (1) if the applicant does not give the Minister
9
sufficient documents, material or assistance to enable the Minister
10
to make an informed decision.
11
(5) Subsection (4) does not limit the grounds on which the Minister
12
may refuse to approve an alcohol management plan.
13
(6) The Minister is not required to make a determination under
14
subsection (1) in relation to an application for approval of an
15
alcohol management plan if the Minister is satisfied that:
16
(a) people living in the area covered by the plan have not been
17
sufficiently consulted about the plan; or
18
(b) a majority of people living in the area covered by the plan do
19
not support the plan.
20
(7) If the Minister makes a determination under subsection (6), the
21
Minister must give written notice of the determination to the
22
applicant. The notice must specify the reasons for the
23
determination.
24
18 Procedure before refusing approval of plan
25
(1) If the Minister proposes to refuse to approve an alcohol
26
management plan, the Minister must give written notice of the
27
proposed refusal to the applicant.
28
(2) The notice must:
29
(a) specify the reasons for the proposed refusal; and
30
(b) invite written submissions from the applicant in relation to
31
the matters specified in the notice; and
32
Tackling alcohol abuse Part 2
Alcohol management plans Division 6
Section 19
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 25
(c) specify that written submissions must be lodged during the
1
period (the submission period) that is:
2
(i) the period specified in the notice; or
3
(ii) if the Minister agrees in writing to a longer period--that
4
longer period; and
5
(d) specify the manner in which written submissions are to be
6
lodged.
7
(3) For the purposes of subparagraph (2)(c)(i), the period specified in
8
the notice must be at least 10 business days after the day the notice
9
is given.
10
(4) The Minister must not refuse to approve an alcohol management
11
plan unless:
12
(a) the applicant has been given a notice under subsection (1);
13
and
14
(b) the Minister has considered any submissions received during
15
the submission period.
16
19 Duration of approval of an alcohol management plan
17
An approval of an alcohol management plan is in force for the
18
period:
19
(a) beginning on the day specified in the approval or, if no day is
20
specified, the day the approval is granted; and
21
(b) ending on whichever of the following days occurs first:
22
(i) the day specified in the approval as the day the approval
23
ceases to be in force;
24
(ii) the day the approval is revoked;
25
(iii) the day this Act ceases to have effect (see section 118).
26
20 Notice of determination about whether plan approved
27
(1) If the Minister makes a determination under subsection 17(1) to
28
approve an alcohol management plan, the Minister must give
29
written notice of the decision to the applicant.
30
Part 2 Tackling alcohol abuse
Division 6 Alcohol management plans
Section 21
26 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(2) If the Minister makes a determination under subsection 17(1) to
1
refuse to approve an alcohol management plan, the Minister must
2
give written notice of the decision to the applicant.
3
(3) A notice under subsection (2) must specify the reasons for the
4
refusal.
5
Subdivision B--Variation and revocation of alcohol
6
management plans
7
21 No variation of alcohol management plan without approval
8
An alcohol management plan in relation to which an approval is in
9
force under subsection 17(1) must not be varied unless there is an
10
approval for the variation in force under subsection 23(1).
11
22 Application for approval to vary alcohol management plan
12
(1) A person or entity may apply for approval of a variation of an
13
alcohol management plan by lodging a written application in
14
accordance with subsections (2) and (3).
15
(2) An application under subsection (1) must:
16
(a) be in the form (if any) that is prescribed by the rules; and
17
(b) include the information (if any) that is prescribed by the
18
rules; and
19
(c) be accompanied by the documents (if any) that are prescribed
20
by the rules.
21
(3) An application under subsection (1) is lodged by being delivered:
22
(a) to a person apparently performing duties at a place that is
23
prescribed by the rules; or
24
(b) in a manner, and to a place, that is prescribed by the rules; or
25
(c) to a person approved for the purpose by the Secretary.
26
Tackling alcohol abuse Part 2
Alcohol management plans Division 6
Section 23
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 27
23 Approval of variation of alcohol management plan
1
(1) If an application for approval to vary an approved alcohol
2
management plan has been made under subsection 22(1), the
3
Minister must determine whether to approve the variation.
4
Note:
If the Minister proposes to refuse to approve a variation of an alcohol
5
management plan in accordance with the application, the procedure in
6
section 25 must be followed first.
7
(2) When considering whether to approve a variation of an alcohol
8
management plan under subsection (1), the Minister must have
9
regard to:
10
(a) the object of this Part (see section 7); and
11
(b) any matter that is prescribed by the rules; and
12
(c) any other matter that the Minister considers relevant.
13
(3) The Minister may refuse to approve a variation of an alcohol
14
management plan under subsection (1) if the applicant for the
15
variation does not give the Minister sufficient documents, material
16
or assistance to enable the Minister to make an informed decision.
17
(4) Subsection (3) does not limit the grounds on which the Minister
18
may refuse to vary an alcohol management plan.
19
(5) If the Minister makes a determination under subsection (1), the
20
Minister must give written notice of the determination to the
21
applicant for the approval of the variation.
22
(6) If the Minister refuses to approve the variation, the notice under
23
subsection (5) must specify the reasons for the refusal.
24
(7) A determination under subsection (1) takes effect on the day the
25
notice under subsection (5) is given, or on a later day specified in
26
the notice.
27
24 Revocation of approval of alcohol management plan
28
(1) The Minister may revoke an approval of an alcohol management
29
plan if the Minister is satisfied that:
30
(a) the plan has not been complied with; or
31
Part 2 Tackling alcohol abuse
Division 6 Alcohol management plans
Section 25
28 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(b) the plan is ineffective in achieving the object of this Part (see
1
section 7); or
2
(c) the plan was varied without approval under subsection 23(1).
3
Note:
If the Minister proposes to revoke an approval of an alcohol
4
management plan under subsection (1), the procedure in section 25
5
must be followed first.
6
(2) If the Minister revokes an approval of an alcohol management plan
7
under subsection (1), the Minister must give written notice of the
8
revocation to the person or entity the Minister considers is the most
9
appropriate to notify (the nominated person).
10
(3) A revocation takes effect on the day the notice under subsection (2)
11
is given, or on a later day specified in the notice.
12
25 Procedure before refusing to approve variation or revoking
13
approval
14
(1) If an application under subsection 22(1) has been made for
15
approval to vary an alcohol management plan, and the Minister
16
proposes to refuse to approve the variation, the Minister must give
17
written notice of the proposed refusal to the applicant.
18
(2) If the Minister proposes to revoke an approval of an alcohol
19
management plan under subsection 24(1), the Minister must give
20
written notice of the proposed revocation to the nominated person.
21
(3) A notice under subsection (1) or (2) must:
22
(a) specify the reasons for the proposed refusal or revocation;
23
and
24
(b) invite written submissions in relation to the matters specified
25
in the notice; and
26
(c) specify that written submissions must be lodged during the
27
period (the submission period) that is:
28
(i) the period specified in the notice; or
29
(ii) if the Minister agrees in writing to a longer period--that
30
longer period; and
31
(d) specify the manner in which written submissions are to be
32
lodged.
33
Tackling alcohol abuse Part 2
Alcohol management plans Division 6
Section 26
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 29
(4) For the purposes of subparagraph (3)(c)(i), the period specified in
1
the notice must be at least 10 business days after the day the notice
2
is given.
3
(5) The Minister must not refuse to approve a variation of an alcohol
4
management plan under subsection 23(1), or revoke an approval of
5
an alcohol management plan under subsection 24(1), unless:
6
(a) the applicant has been given a notice under subsection (1) or
7
the nominated person has been given a notice under
8
subsection (2); and
9
(b) the Minister has considered all written submissions received
10
during the submission period.
11
Subdivision C--Community managed alcohol areas
12
26 Community managed alcohol areas
13
If the Minister approves an alcohol management plan under
14
subsection 17(1), then the area covered by the plan is a community
15
managed alcohol area.
16
17
Part 2 Tackling alcohol abuse
Division 7 Alcohol protected areas
Section 27
30 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
Division 7--Alcohol protected areas
1
27 Rules prescribing the areas that are alcohol protected areas
2
Rules may prescribe alcohol protected area
3
(1) The rules may prescribe that an area in the Northern Territory is an
4
alcohol protected area.
5
Rules may be revoked or varied
6
(2) The rules may revoke or vary a rule made for the purposes of
7
subsection (1).
8
(3)
If:
9
(a) the Minister approves an alcohol management plan under
10
subsection 17(1); and
11
(b)
a
rule
(the
relevant rule) made for the purposes of
12
subsection (1) prescribes that the whole or part of the area
13
covered by the plan is an alcohol protected area;
14
then the Minister must consider making a rule for the purposes of
15
subsection (2) that revokes or varies the relevant rule so that the
16
area covered by the plan is no longer an alcohol protected area.
17
When rules may be made
18
(4) A rule may be made for the purposes of subsection (1):
19
(a) on the Minister's own initiative; or
20
(b) following a request made to the Minister by, or on behalf of,
21
a person who is ordinarily resident in the area to which the
22
rules relate; or
23
(c) following a revocation of an approval of an alcohol
24
management plan relating to the area under subsection 24(1);
25
or
26
(d) following the cessation of an approval of an alcohol
27
management plan in relation to the area (see section 19).
28
(5) A rule may be made for the purposes of subsection (2):
29
(a) on the Minister's own initiative; or
30
Tackling alcohol abuse Part 2
Alcohol protected areas Division 7
Section 27
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 31
(b) following a request made to the Minister by, or on behalf of,
1
a person who is ordinarily resident in the area to which the
2
rules relate; or
3
(c) following approval of an alcohol management plan relating
4
to the area under subsection 17(1).
5
Community consultation
6
(6) Before making a rule for the purposes of subsection (1) or (2) in
7
relation to an area, the Minister must ensure that:
8
(a) information setting out:
9
(i) the proposal to make the rule; and
10
(ii) an explanation, in summary form, of the consequences
11
of the making of the rule;
12
has been made available in the area; and
13
(b) people living in the area have been given a reasonable
14
opportunity to make submissions to the Minister about:
15
(i) the proposal to make the rule; and
16
(ii) the consequences of the making of the rule; and
17
(iii) their circumstances, concerns and views, so far as they
18
relate to the proposal.
19
(7) Subsection (6) does not apply if the rule is proposed to be made in
20
relation to the approval of an alcohol management plan.
21
(8) A failure to comply with subsection (6) does not affect the validity
22
of a rule made for the purposes of subsection (1) or (2).
23
Criteria for making rules
24
(9) In making a rule for the purposes of subsection (1) or (2) in
25
relation to an area, the Minister must have regard to the following
26
matters:
27
(a) the object of this Part (see section 7);
28
(b) the wellbeing of people living in the area;
29
(c) whether there is reason to believe that people living in the
30
area have been the victims of alcohol-related harm;
31
(d) the extent to which people living in the area have expressed
32
their concerns about being at risk of alcohol-related harm;
33
Part 2 Tackling alcohol abuse
Division 7 Alcohol protected areas
Section 27
32 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(e) the extent to which people living in the area have expressed
1
the view that their wellbeing will be improved if this Part
2
applies in relation to the area;
3
(f) whether there is an alcohol management plan that covers the
4
area or part of the area (whether or not the plan is approved
5
under Division 6);
6
(g) any submissions of the kind referred to in paragraph (6)(b);
7
(h) any other matter that the Minister considers relevant.
8
Effect of revocation or variation on things done etc. before
9
(10)
If:
10
(a) a rule is made for the purposes of subsection (1) in relation to
11
an area; and
12
(b)
under
subsection
(2):
13
(i) the rule is revoked; or
14
(ii) the rule is varied so that the area is no longer an alcohol
15
protected area;
16
then this Part continues to apply in relation to that area, after the
17
revocation or variation takes effect, in relation to things done, or
18
omitted to be done, before the revocation or variation takes effect.
19
20
Tackling alcohol abuse Part 2
Independent review of Commonwealth and Northern Territory laws relating to alcohol
Division 8
Section 28
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 33
Division 8--Independent review of Commonwealth and
1
Northern Territory laws relating to alcohol
2
28 Independent review of Commonwealth and Northern Territory
3
laws relating to alcohol
4
(1) No later than 2 years after commencement, the Minister and the
5
NT Minister must cause an independent review to be undertaken of
6
the operation of the following laws:
7
(a) this Part and instruments made for the purposes of this Part;
8
(b) the following laws of the Northern Territory:
9
(i) the NT Liquor Act and the NT Liquor Regulations;
10
(ii)
the
Alcohol Reform (Substance Misuse Assessment and
11
Referral for Treatment Court) Act 2011 and instruments
12
made under that Act;
13
(iii)
the
Alcohol Reform (Prevention of Alcohol-related
14
Crime and Substance Misuse) Act and instruments made
15
under that Act;
16
(c) any other law of the Commonwealth or the Northern
17
Territory that is specified by the Minister and the NT
18
Minister.
19
(2) The review must:
20
(a) assess the effectiveness of those laws in reducing
21
alcohol-related harm to Aboriginal people living in the
22
Northern Territory; and
23
(b) assess whether any provisions of those laws should be
24
amended or repealed to increase the effectiveness of those
25
laws in reducing alcohol-related harm to Aboriginal people
26
living in the Northern Territory; and
27
(c) consider any other matter specified by the Minister and the
28
NT Minister.
29
(3) The review must be completed, and a report of the review must be
30
prepared, before the end of 3 years after commencement.
31
(4) The person undertaking the review must give the report of the
32
review to the Minister and the NT Minister.
33
Part 2 Tackling alcohol abuse
Division 8 Independent review of Commonwealth and Northern Territory laws relating
to alcohol
Section 28
34 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(5) The Minister must cause a copy of the report to be tabled in each
1
House of the Parliament within 15 sitting days of receiving it.
2
(6) The NT Minister must cause a copy of the report to be tabled in the
3
Northern Territory Legislative Assembly within 15 sitting days of
4
receiving it.
5
6
Tackling alcohol abuse Part 2
Other matters Division 9
Section 29
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 35
Division 9--Other matters
1
29 NT Licensing Commission etc. to provide information
2
The NT Licensing Commission or the Director (within the
3
meaning of the NT Liquor Act) must, if requested by the Minister
4
to provide information relevant to the operation of this Part, take
5
all reasonable steps to provide the information.
6
30 Modified NT Liquor Act and NT Liquor Regulations
7
(1) The NT Liquor Act and the NT Liquor Regulations apply, while
8
this Act is in effect, subject to the modifications in this Part.
9
Note:
This Act ceases to have effect at the end of 10 years after
10
commencement: see section 118.
11
(2) The NT Liquor Act and the NT Liquor Regulations, as modified by
12
this Part, apply as laws of the Northern Territory.
13
31 AAT review of determinations under this Part
14
An application may be made to the Administrative Appeals
15
Tribunal for review of the following determinations:
16
(a) a determination under subsection 12(4) about what is not
17
authorised by a NT licence;
18
(b) a determination under subsection 12(5) about the conditions
19
of a NT licence;
20
(c) a determination under subsection 13(3) about what is not
21
authorised by a NT permit;
22
(d) a determination under subsection 13(4) about the conditions
23
of a NT permit;
24
(e) a determination under subsection 14(1) about posting a notice
25
about alcohol offences in an alcohol protected area;
26
(f) a determination under subsection 17(1) to refuse to approve
27
an alcohol management plan;
28
(g) a determination under subsection 17(6) to refuse to make a
29
determination under subsection 17(1) in relation to an
30
application for approval of an alcohol management plan;
31
Part 2 Tackling alcohol abuse
Division 9 Other matters
Section 31
36 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(h) a determination under subsection 23(1) to refuse to approve a
1
variation of an alcohol management plan;
2
(i) a determination under subsection 24(1) to revoke an approval
3
of an alcohol management plan.
4
5
Land reform Part 3
Introduction Division 1
Section 32
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 37
Part 3--Land reform
1
Division 1--Introduction
2
32 Guide to this Part
3
This Part contains measures relating to town camps and
4
community living areas in the Northern Territory. Those measures
5
are aimed at facilitating the granting of rights and interests, and
6
promoting economic development, in those camps and areas.
7
Division 2 deals with town camps. It allows regulations to be made
8
to modify particular laws of the Northern Territory to the extent
9
that those laws apply to a town camp. It also allows regulations to
10
be made to modify the NT Crown Lands Act and the NT Special
11
Purposes Leases Act, and leases granted under that Act, in
12
particular ways.
13
Division 3 deals with community living areas. It allows regulations
14
to be made to modify particular laws of the Northern Territory to
15
the extent that those laws apply to a community living area.
16
33 Object of this Part
17
The object of this Part is to enable special measures to be taken:
18
(a) to facilitate the granting of individual rights or interests in
19
relation to land in town camps and community living areas;
20
and
21
(b) to promote economic development in town camps and
22
community living areas.
23
24
Part 3 Land reform
Division 2 Town camps
Section 34
38 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
Division 2--Town camps
1
34 Modifying NT laws in relation to town camps
2
(1) The regulations may modify any law of the Northern Territory
3
relating to:
4
(a) the use of land; or
5
(b) dealings in land; or
6
(c)
planning;
or
7
(d)
infrastructure;
or
8
(e) any matter prescribed by the regulations;
9
to the extent that the law applies to a town camp.
10
(2)
A
town camp is land that, at commencement, is leased primarily
11
for residential, community or cultural purposes for Aboriginal
12
people under:
13
(a)
the
Crown Lands Act of the Northern Territory (the NT
14
Crown Lands Act); or
15
(b)
the
Special Purposes Leases Act of the Northern Territory
16
(the NT Special Purposes Leases Act).
17
Note:
The references to the Crown Lands Act and the Special Purposes
18
Leases Act of the Northern Territory are to be construed as references
19
to those Acts as originally enacted and as amended from time to time:
20
see section 10A of the Acts Interpretation Act 1901 of the
21
Commonwealth.
22
(3) If regulations made for the purposes of subsection (1) modify a law
23
of the Northern Territory (the relevant law), then:
24
(a) immediately on the commencement of those regulations, the
25
relevant law is taken to be modified accordingly; and
26
(b) after the commencement of those regulations, the relevant
27
law, as modified, applies in the same way as it would apply
28
if, instead of those regulations, a law of the Northern
29
Territory had made those modifications; and
30
(c) after the commencement of those regulations, the relevant
31
law may be further modified by a law of the Northern
32
Territory or by regulations under subsection (1), in the same
33
way as it could be further modified if, instead of those
34
Land reform Part 3
Town camps Division 2
Section 34
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 39
regulations, a law of the Northern Territory had made those
1
modifications.
2
(4) The regulations may modify the NT Crown Lands Act or the NT
3
Special Purposes Leases Act, or both Acts, to provide that a lease
4
granted under the NT Special Purposes Leases Act is taken to have
5
been granted under the NT Crown Lands Act.
6
(5) If regulations made for the purposes of subsection (4) modify the
7
NT Crown Lands Act or the NT Special Purposes Leases Act (the
8
relevant law), then:
9
(a) immediately on the commencement of those regulations, the
10
relevant law is taken to be modified accordingly; and
11
(b) after the commencement of those regulations, the relevant
12
law, as modified, applies in the same way as it would apply
13
if, instead of those regulations, a law of the Northern
14
Territory had made those modifications; and
15
(c) after the commencement of those regulations, the relevant
16
law may be further modified by a law of the Northern
17
Territory or by regulations under subsection (4), in the same
18
way as it could be further modified if, instead of those
19
regulations, a law of the Northern Territory had made those
20
modifications.
21
(6) The regulations may modify a lease granted under the NT Crown
22
Lands Act or NT Special Purposes Leases Act by modifying the
23
purposes for which the land that is the subject of the lease may be
24
used.
25
(7) If regulations made for the purposes of subsection (6) modify a
26
lease, then:
27
(a) immediately on the commencement of those regulations, the
28
lease is taken to be modified accordingly; and
29
(b) after the commencement of those regulations, the lease, as
30
modified, applies in the same way it would apply if, instead
31
of those regulations, a law of the Northern Territory had
32
made those modifications; and
33
(c) after the commencement of those regulations, the lease may
34
be further modified by a law of the Northern Territory or by
35
regulations under subsection (6), in the same way as it could
36
Part 3 Land reform
Division 2 Town camps
Section 34
40 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
be further modified if, instead of those regulations, a law of
1
the Northern Territory had made those modifications.
2
(8) Before making regulations for the purposes of this section in
3
relation to a town camp, the Minister must consult with:
4
(a) the Government of the Northern Territory; and
5
(b) the lessee of the land that is the town camp; and
6
(c) any other person the Minister considers appropriate to
7
consult.
8
(9) A failure to comply with subsection (8) does not affect the validity
9
of the regulations.
10
11
Land reform Part 3
Community living areas Division 3
Section 35
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 41
Division 3--Community living areas
1
35 Modifying NT laws in relation to community living areas
2
(1) The regulations may modify any law of the Northern Territory
3
relating to:
4
(a) the use of land; or
5
(b) dealings in land; or
6
(c)
planning;
or
7
(d)
infrastructure;
or
8
(e) any matter prescribed by the regulations;
9
to the extent that the law applies to a community living area.
10
(2)
A
community living area is an area granted or created as an
11
Aboriginal community living area by or under a law of the
12
Northern Territory.
13
Example: Land
granted
under
subsection 46(1A) of the Lands Acquisition Act of
14
the Northern Territory is a community living area.
15
(3) If regulations made for the purposes of subsection (1) modify a law
16
of the Northern Territory (the relevant law), then:
17
(a) immediately on the commencement of those regulations, the
18
relevant law is taken to be modified accordingly; and
19
(b) after the commencement of those regulations, the relevant
20
law, as modified, applies in the same way as it would apply
21
if, instead of those regulations, a law of the Northern
22
Territory had made those modifications; and
23
(c) after the commencement of those regulations, the relevant
24
law may be further modified by a law of the Northern
25
Territory or by regulations under subsection (1), in the same
26
way as it could be further modified if, instead of those
27
regulations, a law of the Northern Territory had made those
28
modifications.
29
(4) Before making regulations for the purposes of subsection (1) in
30
relation to a community living area, the Minister must consult
31
with:
32
(a) the Government of the Northern Territory; and
33
Part 3 Land reform
Division 3 Community living areas
Section 35
42 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(b) if the owner of the land that is the community living area
1
requests to be consulted about the making of regulations for
2
the purposes of subsection (1)--the owner; and
3
(c) the Land Council (within the meaning of the Aboriginal Land
4
Rights (Northern Territory) Act 1976) in whose area the
5
community living area is located; and
6
(d) any other person the Minister considers appropriate to
7
consult.
8
(5) A failure to comply with subsection (4) does not affect the validity
9
of the regulations.
10
11
Food security Part 4
Guide to this Part Division 1
Section 36
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 43
Part 4--Food security
1
Division 1--Guide to this Part
2
36 Guide to this Part
3
This Part provides for a licensing regime for certain community
4
stores operating in the food security area (which is the whole of the
5
Northern Territory other than an area that is prescribed by the rules
6
(see section 74)). That regime is aimed at promoting food security
7
for certain Aboriginal communities.
8
The Secretary may determine, at any time, whether the owner of a
9
community store is required to hold a community store licence (see
10
section 41). If the Secretary determines that the owner is required
11
to hold a licence, then the store will be prohibited from operating
12
in the food security area unless the owner obtains the licence.
13
The Secretary cannot determine that the owner is required to hold a
14
licence unless the Secretary is satisfied that the store is an
15
important source of food, drink or grocery items for an Aboriginal
16
community.
17
If the Secretary grants a licence, the Secretary may impose
18
conditions on the licence. The owner will be required to comply
19
with those conditions, plus the conditions that are imposed by this
20
Part and any other conditions imposed by the rules.
21
Division 2 deals with the situations when a community store will
22
be prohibited from operating in the food security area.
23
Division 3 deals with the determination of the Secretary about
24
whether the owner of a community store is required to hold a
25
community store licence.
26
Division 4 deals with applications for licences, determinations
27
about whether to grant licences, conditions on licences, variations
28
of licences and revocations of licences.
29
Part 4 Food security
Division 1 Guide to this Part
Section 37
44 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
Division 5 allows the Secretary to make a determination requiring
1
the owner of a community store to become registered under the
2
CATSI Act. If the Secretary makes such a determination, then the
3
owner of the store will be liable to a civil penalty unless the owner
4
becomes registered under that Act. The community store licence
5
may also be revoked.
6
Division 6 is about assessments of community stores. It allows the
7
Secretary to appoint authorised officers to assess community stores
8
for the purposes of making particular determinations under this
9
Part.
10
Division 7 deals with the rules that prescribe areas in the Northern
11
Territory as not being in the food security area.
12
Division 8 deals with enforcement. It has provisions dealing with
13
the enforcement of the civil penalty provisions in this Part. It also
14
provides for the giving of infringement notices, enforceable
15
undertakings and injunctions.
16
Division 9 has miscellaneous provisions (such as the power of the
17
Secretary to request information from, or disclose information to,
18
public officials in particular circumstances, and administrative
19
review of certain determinations made under this Part).
20
37 Object of this Part
21
(1) The object of this Part is to enable special measures to be taken for
22
the purpose of promoting food security for Aboriginal communities
23
in the Northern Territory.
24
(2) In particular, this Part is intended to enhance the contribution made
25
by community stores in the Northern Territory to achieving food
26
security for Aboriginal communities.
27
(3)
Food security means a reasonable ongoing level of access to a
28
range of food, drink and grocery items that is reasonably priced,
29
safe and of sufficient quantity and quality to meet nutritional and
30
related household needs.
31
32
Food security Part 4
Certain community stores must be licensed Division 2
Section 38
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 45
Division 2--Certain community stores must be licensed
1
38 Prohibition on operating a community store without a licence
2
Prohibition
3
(1) A person who is the owner or manager of a community store must
4
not operate the store, or allow the store to be operated, in the food
5
security area if:
6
(a) a determination that the owner is required to hold a
7
community store licence is in force under subsection 41(1);
8
and
9
(b) under subsection 43(1), the person has been notified of the
10
determination; and
11
(c) the owner does not hold a community store licence for the
12
store.
13
Civil penalty:
50 penalty units.
14
(2)
The
food security area is the whole area of the Northern Territory
15
other than an area that is prescribed by the rules made for the
16
purposes of subsection 74(1).
17
Exceptions
18
(3) Subsection (1) does not apply if:
19
(a) the owner makes an application for a community store
20
licence during the application period referred to in paragraph
21
43(2)(b); and
22
(b) the Secretary has not made a determination under subsection
23
45(1) about whether to grant the licence.
24
(4) Subsection (1) does not apply on a day in the application period
25
referred to in paragraph 43(2)(b) unless the owner has been
26
notified under subsection 50(2), before or on that day, that the
27
Secretary has refused to grant the licence.
28
(5)
If:
29
Part 4 Food security
Division 2 Certain community stores must be licensed
Section 39
46 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(a) the business of the community store consists partly of selling
1
goods or services (other than food, drink or grocery items);
2
and
3
(b) the Secretary has given the owner and manager of the store a
4
written notice authorising that part of the business to be
5
operated;
6
then subsection (1) does not apply to the extent that that part of the
7
business is operated.
8
39 Meaning of community store, owner and manager
9
Meaning of community store
10
(1)
A
community store is a business that consists wholly or partly of
11
selling food, drink or grocery items at premises that are located in
12
the food security area, whether or not:
13
(a) the premises are permanently located in the food security
14
area; or
15
(b) the selling of food, drink or grocery items also occurs from
16
the premises when they are located outside the food security
17
area.
18
Meanings of owner and manager
19
(2)
The
owner of a community store is the person who has overall
20
ownership of the community store and is entitled to the profits (if
21
any), and liable for the debts (if any), of the community store. It
22
does not matter whether the person also owns the community store
23
premises.
24
(3)
The
manager of a community store is the person who is
25
responsible for the day to day management of the community store.
26
(4) To avoid doubt:
27
(a) the same person can be both the owner and manager of a
28
community store; and
29
(b) more than one person can be:
30
(i) the owner of a community store; or
31
(ii) the manager of a community store.
32
Food security Part 4
Certain community stores must be licensed Division 2
Section 39
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 47
Unincorporated associations and partnerships as owners
1
(5) For the purposes of the definition of owner of a community store in
2
subsection (2), an unincorporated association or a partnership:
3
(a) is taken to be a person; and
4
(b) is taken to have overall ownership of the community store
5
and to be entitled to the profits (if any), and liable for the
6
debts (if any), of the community store, if:
7
(i) in the case of an unincorporated association--one or
8
more members of the unincorporated association have
9
overall ownership of the community store and are
10
entitled to those profits and liable for those debts
11
(whether or not they also own the community store
12
premises); or
13
(ii) in the case of a partnership--one or more partners in the
14
partnership have overall ownership of the community
15
store and are entitled to those profits and liable for those
16
debts (whether or not they also own the community
17
store premises).
18
(6) If, because of subsection (5), an unincorporated association or a
19
partnership is the owner of a community store, this Part applies as
20
follows in relation to the unincorporated association or partnership:
21
(a) if a provision of this Part requires or permits a notice to be
22
given to the owner of the community store, the notice may be
23
given to the following:
24
(i) in the case of an unincorporated association--any of the
25
members of the committee of management from time to
26
time;
27
(ii) in the case of a partnership--any of the partners from
28
time to time;
29
(b) anything done, or not done, by a member of the committee of
30
management or a partner, in relation to the community store,
31
is taken to have been done, or not done, by the
32
unincorporated association or the partnership;
33
(c) the obligations, requirements and restrictions imposed, and
34
the rights conferred, under this Part upon the owner of the
35
community store are taken to be imposed or conferred upon
36
Part 4 Food security
Division 2 Certain community stores must be licensed
Section 40
48 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
the members of the committee of management, or the
1
partners, from time to time.
2
(7) A change in the composition of an unincorporated association or a
3
partnership does not affect the continuity of the unincorporated
4
association or partnership.
5
(8)
The
committee of management of an unincorporated association
6
means the body (however described) that governs, manages or
7
conducts the affairs of the association.
8
40 More than one owner or manager of a community store
9
If more than one person is the owner or manager of a community
10
store, this Part applies as follows:
11
(a) if a provision of this Part requires or permits a notice to be
12
given to the owner of the community store, the notice may be
13
given to any of the owners;
14
(b) if a provision of this Part requires or permits a notice to be
15
given to the manager of the community store, the notice may
16
be given to any of the managers;
17
(c) the obligations, requirements and restrictions imposed, and
18
rights conferred, under this Part upon the owner of the
19
community store are taken to be imposed or conferred upon
20
each owner;
21
(d) the obligations, requirements and restrictions imposed, and
22
rights conferred, under this Part upon the manager of the
23
community store are taken to be imposed or conferred upon
24
each manager.
25
26
Food security Part 4
Determining whether a community store is required to be licensed Division 3
Section 41
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 49
Division 3--Determining whether a community store is
1
required to be licensed
2
41 Determining whether a community store licence is required
3
(1) The Secretary may, at any time, determine whether the owner of a
4
community store is required to hold a community store licence.
5
Note:
If the Secretary proposes to make a determination under subsection (1)
6
that a community store licence is required to be held by the owner, the
7
procedure in section 42 must be followed first.
8
(2) Before making a determination under subsection (1), the Secretary
9
must consult people being serviced by the community store about
10
the proposal to make a determination under that subsection.
11
(3) A failure to comply with subsection (2) does not affect the validity
12
of a determination under subsection (1).
13
(4) In making a determination under subsection (1), the Secretary must
14
have regard to:
15
(a) the object of this Part (see section 37); and
16
(b) any assessment of the store under section 67; and
17
(c) the circumstances and views of people who are being
18
serviced by the store, to the extent that those circumstances
19
and views relate to the determination; and
20
(d) any other matter the Secretary considers relevant.
21
(5) The Secretary must not determine under subsection (1) that the
22
owner is required to hold a community store licence unless the
23
Secretary is satisfied that the store is an important source of food,
24
drink or grocery items for an Aboriginal community.
25
(6) The Secretary may revoke a determination under subsection (1).
26
42 Procedure before determining that a licence is required
27
(1) If the Secretary proposes to make a determination under subsection
28
41(1) that the owner of a community store is required to hold a
29
community store licence, the Secretary must give written notice of
30
Part 4 Food security
Division 3 Determining whether a community store is required to be licensed
Section 43
50 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
the proposed determination to the owner and the manager of the
1
store.
2
(2) The notice must:
3
(a) specify the reasons for the proposed determination; and
4
(b) invite written submissions, from the owner and manager of
5
the store, about the matters specified in the notice; and
6
(c) specify that written submissions must be lodged during the
7
period (the submission period) that is:
8
(i) the period specified in the notice; or
9
(ii) if the Secretary agrees in writing to a longer period--
10
that longer period; and
11
(d) specify the manner in which written submissions are to be
12
lodged.
13
(3) For the purposes of subparagraph (2)(c)(i), the period specified in
14
the notice must be at least 10 business days after the day the notice
15
is given.
16
(4) The Secretary must not make a determination under subsection
17
41(1) that the owner of a community store is required to hold a
18
community store licence unless:
19
(a) each person required to be given a notice under
20
subsection (1) has been given such a notice; and
21
(b) the Secretary has considered all written submissions received
22
during the submission period.
23
43 Notice of determination about whether licence is required
24
(1) If the Secretary makes any of the following determinations in
25
relation to a community store, the Secretary must give written
26
notice of the determination to the owner and the manager of a
27
store:
28
(a) a determination under subsection 41(1) that the owner is or is
29
not required to hold a community store licence;
30
(b) a determination under subsection 41(6) revoking a
31
determination made under subsection 41(1).
32
Food security Part 4
Determining whether a community store is required to be licensed Division 3
Section 43
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 51
(2) If the Secretary determines under subsection 41(1) that the owner
1
is required to hold a community store licence, the notice under
2
subsection (1) must:
3
(a) specify the reasons for the determination; and
4
(b) specify that the owner must apply for a community store
5
licence during the period (the application period) that is:
6
(i) the period specified in the notice; or
7
(ii) if the Secretary agrees in writing to a longer period--
8
that longer period; and
9
(c) provide information about how an application may be made;
10
and
11
(d) advise that subsection 38(1) may prohibit the store from
12
being operated if:
13
(i) an application for a community store licence is not
14
made by the owner of the store; or
15
(ii) an application is made but the Secretary refuses to grant
16
the licence.
17
(3) For the purposes of subparagraph (2)(b)(i), the period specified in
18
the notice must be at least 20 business days after the day the notice
19
is given.
20
21
Part 4 Food security
Division 4 Licensing of community stores
Section 44
52 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
Division 4--Licensing of community stores
1
Subdivision A--Granting and refusing community store
2
licences
3
44 Application for a community store licence
4
(1) The owner of a community store, or a person acting on the owner's
5
behalf, may apply for a community store licence in relation to the
6
community store by:
7
(a) lodging a written application in accordance with
8
subsections (2) and (3); or
9
(b) making an application in the manner approved by the
10
Secretary.
11
(2) An application under paragraph (1)(a) must:
12
(a) be in the form (if any) that is prescribed by the rules; and
13
(b) include the information (if any) that is prescribed by the
14
rules; and
15
(c) be accompanied by the documents (if any) that are prescribed
16
by the rules.
17
(3) An application under paragraph (1)(a) is lodged by being
18
delivered:
19
(a) to a person apparently performing duties at a place that is
20
prescribed by the rules; or
21
(b) in a manner, and to a place, that is prescribed by the rules; or
22
(c) to a person approved for the purpose by the Secretary.
23
45 Determination to grant or refuse a community store licence
24
(1) If an application for a community store licence has been made
25
under subsection 44(1), the Secretary must determine whether to
26
grant the licence to the owner of the community store.
27
Note:
If the Secretary proposes to refuse to grant a community store licence
28
under subsection (1), the procedure in section 47 must be followed
29
first.
30
Food security Part 4
Licensing of community stores Division 4
Section 46
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 53
(2) In making a determination under subsection (1), the Secretary must
1
have regard to:
2
(a) the object of this Part (see section 37); and
3
(b) the food security matters (see section 46); and
4
(c) any assessment of the store under section 67; and
5
(d) the nature and circumstances of the store; and
6
(e) any other matter the Secretary considers relevant.
7
(3) The Secretary may refuse to grant a community store licence under
8
subsection (1) if:
9
(a) the owner or another person:
10
(i) unreasonably withholds consent for an authorised
11
officer to enter the premises of the community store
12
under section 71; or
13
(ii) unreasonably refuses to provide documents, material or
14
assistance as required by section 72; or
15
(b) the owner does not give the Secretary sufficient documents,
16
material or assistance to enable the Secretary to make an
17
informed decision.
18
(4) Subsection (3) does not limit the grounds on which the Secretary
19
may refuse to grant a community store licence.
20
46 Meaning of food security matters
21
The
food security matters relating to a community store are the
22
following matters, having regard to the nature and circumstances of
23
the store:
24
(a) whether the store will provide a satisfactory range of healthy
25
and good quality food, drink or grocery items;
26
(b) whether the store will take reasonable steps to promote good
27
nutrition and healthy products;
28
(c) whether the store will satisfactorily address other aspects of
29
the store's operations which may impact on food security,
30
including:
31
(i) the quality of the retail management practices of the
32
manager of the store; and
33
Part 4 Food security
Division 4 Licensing of community stores
Section 47
54 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(ii) whether the financial practices of the owner and
1
manager of the store support the sustainable operation
2
of the store; and
3
(iii) the character of the owner, manager, employees and
4
other persons involved in the store, including whether
5
any of those persons have a criminal history; and
6
(iv) the store's business structure, governance practices and
7
employment practices; and
8
(v) the environment of the store's premises, the
9
infrastructure of the store's premises and the equipment
10
available at the store's premises.
11
47 Procedure before refusing a community store licence
12
(1) If the Secretary proposes to refuse to grant a community store
13
licence under subsection 45(1), the Secretary must give written
14
notice of the proposed refusal to the owner and the manager of the
15
community store.
16
(2) The notice must:
17
(a) specify the reasons for the proposed refusal; and
18
(b) invite written submissions, from the owner and manager of
19
the community store, in relation to the matters specified in
20
the notice; and
21
(c) specify that written submissions must be lodged during the
22
period (the submission period) that is:
23
(i) the period specified in the notice; or
24
(ii) if the Secretary agrees in writing to a longer period--
25
that longer period; and
26
(d) specify the manner in which written submissions are to be
27
lodged; and
28
(e) advise that, if the community store licence is refused,
29
section 38 may prohibit the store from being operated.
30
(3) For the purposes of subparagraph (2)(c)(i), the period specified in
31
the notice must be at least 10 business days after the day the notice
32
is given.
33
Food security Part 4
Licensing of community stores Division 4
Section 48
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 55
(4) The Secretary must not refuse to grant a community store licence
1
unless:
2
(a) each person required to be given a notice under
3
subsection (1) has been given such a notice; and
4
(b) the Secretary has considered all written submissions received
5
during the submission period.
6
48 Community store licence may relate to more than one store
7
A community store licence may be expressed to relate to a
8
specified community store or specified community stores.
9
49 Duration of community store licence
10
A community store licence is in force for the period:
11
(a) beginning on the day specified in the licence or, if no day is
12
specified, the day the licence is granted; and
13
(b) ending on whichever of the following days occurs first:
14
(i) the day the licence is revoked;
15
(ii) the day this Act ceases to have effect (see section 118).
16
50 Notice of determination about whether licence granted
17
(1) If the Secretary makes a determination under subsection 45(1) to
18
grant a community store licence, the Secretary:
19
(a) must give written notice of the decision to the owner and the
20
manager of the store; and
21
(b) must attach a copy of the licence (including any conditions to
22
which it is subject).
23
(2) If the Secretary makes a determination under subsection 45(1) to
24
refuse to grant a community store licence, the Secretary must give
25
written notice of the decision to the owner and the manager of the
26
store.
27
(3) A notice under subsection (2) must specify the reasons for the
28
refusal.
29
Part 4 Food security
Division 4 Licensing of community stores
Section 51
56 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
Subdivision B--Conditions of community store licences
1
51 Community store licence is subject to conditions
2
A community store licence is subject to the following conditions:
3
(a) any conditions imposed by the Secretary under subsection
4
52(1) at the time of granting the licence;
5
(b) the condition set out in subsection 54(1) (monitoring and
6
audits);
7
(c) any conditions prescribed by the rules under subsection
8
55(1);
9
(d) any conditions imposed by the Secretary under subsection
10
58(1) (variation of licence).
11
52 Conditions that may be imposed at time of grant
12
(1) When granting a community store licence, the Secretary may
13
impose conditions on a community store licence that may relate to,
14
but are not limited to, the following:
15
(a) the food security matters (see section 46);
16
(b) auditing and reporting;
17
(c) documentation and record-keeping requirements;
18
(d) the income management regime under Part 3B of the Social
19
Security (Administration) Act 1999 (including requirements
20
relating to funds received under that regime);
21
(e) the provision of goods or services to customers on credit or at
22
a discounted rate;
23
(f) notifying a change of owner or manager (whether or not the
24
change is permanent or temporary);
25
(g) notifying a change in the composition or structure of the
26
owner;
27
(h) assistance and facilities to be provided for the purposes of
28
making assessments under section 67 or monitoring
29
compliance with the conditions of the licence.
30
Note:
If the Secretary proposes to impose a condition on a community store
31
licence under subsection (1), the procedure in section 53 must be
32
followed first.
33
Food security Part 4
Licensing of community stores Division 4
Section 53
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 57
(2) When considering imposing a condition under subsection (1), the
1
Secretary must have regard to:
2
(a) the object of this Part (see section 37); and
3
(b) the food security matters (see section 46); and
4
(c) any assessment of the store under section 67; and
5
(d) the nature and circumstances of the store; and
6
(e) any other matter the Secretary considers relevant.
7
(3) The conditions that may be imposed under this section are not
8
limited by the matters set out in subsection (1), the rules or other
9
sections in this Subdivision.
10
53 Procedure before imposing a condition
11
(1) If the Secretary proposes to impose a condition on a community
12
store licence under subsection 52(1), the Secretary must give
13
written notice of the proposed condition to the owner and the
14
manager of the community store.
15
(2) The notice must:
16
(a) specify the proposed condition and the reasons for the
17
proposed condition; and
18
(b) invite written submissions, from the owner and manager of
19
the community store, about the proposed condition; and
20
(c) specify that written submissions must be lodged during the
21
period (the submission period) that is:
22
(i) the period specified in the notice; or
23
(ii) if the Secretary agrees in writing to a longer period--
24
that longer period; and
25
(d) specify the manner in which written submissions are to be
26
lodged.
27
(3) For the purposes of subparagraph (2)(c)(i), the period specified in
28
the notice must be at least 10 business days after the day the notice
29
is given.
30
(4) The Secretary must not impose a condition on a community store
31
licence unless:
32
Part 4 Food security
Division 4 Licensing of community stores
Section 54
58 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(a) each person required to be given a notice under
1
subsection (1) has been given such a notice; and
2
(b) the Secretary has considered all written submissions received
3
during the submission period.
4
54 Condition about monitoring and audits
5
(1) It is a condition of a community store licence that the owner and
6
the manager of the community store must:
7
(a) allow an authorised officer to enter the premises of the store
8
for the purposes of auditing or monitoring compliance with
9
the conditions of the licence; and
10
(b) allow an authorised officer to inspect things at the premises;
11
and
12
(c) if requested to do so--give an authorised officer documents
13
relevant to auditing and monitoring compliance.
14
(2) Paragraph (1)(c) does not apply if giving the documents might tend
15
to incriminate the person or expose the person to a penalty.
16
55 Conditions prescribed by the rules
17
(1) The rules may prescribe conditions to which all community store
18
licences are subject.
19
(2) In determining whether to make a rule for the purposes of
20
subsection (1), the Minister must have regard to:
21
(a) the object of this Part (see section 37); and
22
(b) any other matter the Minister considers relevant.
23
56 Breach of condition
24
The owner or the manager of a community store must not breach a
25
condition of a community store licence that is in force in relation to
26
the store.
27
Civil penalty:
20 penalty units.
28
Food security Part 4
Licensing of community stores Division 4
Section 57
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 59
Subdivision C--Variation and revocation of community store
1
licences
2
57 Application to vary a community store licence
3
(1) The owner of a community store, or a person acting on the owner's
4
behalf, may apply for a variation of a community store licence by:
5
(a) lodging a written application in accordance with
6
subsections (2) and (3); or
7
(b) making an application in the manner approved by the
8
Secretary.
9
(2) An application under paragraph (1)(a) must:
10
(a) be in the form (if any) that is prescribed by the rules; and
11
(b) include the information (if any) that is prescribed by the
12
rules; and
13
(c) be accompanied by the documents (if any) that are prescribed
14
by the rules.
15
(3) An application under paragraph (1)(a) is lodged by being
16
delivered:
17
(a) to a person apparently performing duties at a place that is
18
prescribed by the rules; or
19
(b) in a manner, and to a place, that is prescribed by the rules; or
20
(c) to a person approved for the purpose by the Secretary.
21
58 Variation of community store licence
22
(1) The Secretary may vary a community store licence:
23
(a) at any time, on the Secretary's own initiative; or
24
(b) if an application for a variation of the licence has been made
25
under subsection 57(1).
26
Note:
If the Secretary proposes to vary a community store licence under
27
paragraph (1)(a) or proposes to refuse to vary a community store
28
licence in accordance with an application under paragraph (1)(b), the
29
procedure in section 60 must be followed first.
30
(2) Without limiting subsection (1), the Secretary may:
31
(a) impose licence conditions; or
32
Part 4 Food security
Division 4 Licensing of community stores
Section 58
60 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(b) revoke or vary licence conditions that were imposed by the
1
Secretary under subsection 52(1).
2
(3) When considering varying a community store licence under
3
subsection (1), the Secretary must have regard to:
4
(a) the object of this Part (see section 37); and
5
(b) the food security matters (see section 46); and
6
(c) any assessment of the store under section 67; and
7
(d) the nature and circumstances of the store; and
8
(e) any other matter the Secretary considers relevant.
9
(4) If the Secretary varies a community store licence under
10
subsection (1), the Secretary must give written notice of the
11
variation to the owner and manager of the store.
12
(5) A variation takes effect on the day the notice is given or on a later
13
day specified in the notice.
14
(6) The Secretary may refuse to vary a community store licence under
15
subsection (1) if:
16
(a)
a
person:
17
(i) unreasonably withholds consent for an authorised
18
officer to enter the premises of the community store
19
under section 71; or
20
(ii) unreasonably refuses to provide documents, material or
21
assistance as required by section 72; or
22
(b) the owner or manager of the community store does not give
23
the Secretary sufficient documents, material or assistance to
24
enable the Secretary to make an informed decision.
25
(7) Subsection (6) does not limit the grounds on which the Secretary
26
may refuse to vary a community store licence.
27
(8) If the Secretary refuses to vary a community store licence in
28
accordance with an application made under subsection 57(1), the
29
Secretary must give written notice of the refusal to the owner and
30
manager of the store.
31
Food security Part 4
Licensing of community stores Division 4
Section 59
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 61
59 Revocation of community store licence
1
(1) The Secretary may revoke a community store licence if the
2
Secretary is satisfied that:
3
(a) a condition of the licence has been breached; or
4
(b) the owner, the manager or a person involved in the store has
5
committed an offence against this Act or has contravened a
6
civil penalty provision; or
7
(c) the licence was obtained improperly.
8
Note 1:
If the Secretary proposes to revoke a community store licence under
9
subsection (1), the procedure in section 60 must be followed first.
10
Note 2:
A community store licence can also be revoked under subsection
11
65(1) (which relates to registration under the CATSI Act).
12
(2) If the Secretary revokes a community store licence under
13
subsection (1), the Secretary must give written notice of the
14
revocation to the owner and manager of the store.
15
(3) A revocation takes effect on the day the notice is given, or on a
16
later day specified in the notice.
17
60 Procedure before varying, refusing to vary or revoking a
18
community store licence
19
(1)
If:
20
(a) the Secretary proposes to vary a community store licence
21
under paragraph 58(1)(a); or
22
(b) an application under subsection 57(1) has been made for a
23
community store licence to be varied, and the Secretary
24
proposes to refuse to vary the licence in accordance with the
25
application; or
26
(c) the Secretary proposes to revoke a community store licence
27
under subsection 59(1);
28
the Secretary must give written notice of the proposed variation,
29
refusal or revocation to the owner and the manager of the
30
community store.
31
(2) A notice under subsection (1) must:
32
(a) specify the reasons for the proposed variation, refusal or
33
revocation; and
34
Part 4 Food security
Division 4 Licensing of community stores
Section 60
62 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(b) invite written submissions in relation to the matters specified
1
in the notice; and
2
(c) specify that written submissions must be lodged during the
3
period (the submission period) that is:
4
(i) the period specified in the notice; or
5
(ii) if the Secretary agrees in writing to a longer period--
6
that longer period; and
7
(d) specify the manner in which written submissions are to be
8
lodged; and
9
(e) in the case of a proposed revocation--advise that, if a
10
community store licence is revoked, section 38 will prohibit
11
the store from being operated after the revocation takes
12
effect.
13
(3) For the purposes of subparagraph (2)(c)(i), the period specified in
14
the notice must be at least 10 business days after the day the notice
15
is given.
16
(4) The Secretary must not vary or refuse to vary a community store
17
licence under subsection 58(1), or revoke a community store
18
licence under subsection 59(1), unless:
19
(a) the persons required to be given a notice under subsection (1)
20
have been given such a notice; and
21
(b) the Secretary has considered all written submissions received
22
during the submission period.
23
24
Food security Part 4
Requirement to register under the Corporations (Aboriginal and Torres Strait Islander)
Act 2006 Division 5
Section 61
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 63
Division 5--Requirement to register under the
1
Corporations (Aboriginal and Torres Strait
2
Islander) Act 2006
3
61 Requirement to register under the CATSI Act
4
(1) The owner of a community store is liable to a civil penalty if:
5
(a) a determination that the owner is required to become
6
registered under the CATSI Act is in force under subsection
7
62(1); and
8
(b) under subsection 64(1) the person has been notified of the
9
determination; and
10
(c) the owner is not registered under that Act.
11
Civil penalty:
20 penalty units.
12
(2) Subsection (1) does not apply if:
13
(a) the owner makes an application for registration under the
14
CATSI Act during the registration period referred to in
15
paragraph 64(2)(b); and
16
(b) a determination under that Act has not been made about
17
whether to register the owner.
18
(3) Subsection (1) does not apply on a day in the registration period
19
referred to in paragraph 64(2)(b) unless the owner has been
20
notified under the CATSI Act, before or on that day, that
21
registration under that Act has been refused.
22
62 Secretary may require registration
23
(1) The Secretary may determine, in writing, that the owner of a
24
community store is required to become registered under the CATSI
25
Act.
26
Note:
If the Secretary proposes to make a determination under subsection (1)
27
that the owner is required to become registered under the CATSI Act,
28
the procedure in section 63 must be followed first.
29
(2) In making a determination under subsection (1), the Secretary must
30
have regard to:
31
(a) the object of this Part (see section 37); and
32
Part 4 Food security
Division 5 Requirement to register under the Corporations (Aboriginal and Torres
Strait Islander) Act 2006
Section 63
64 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(b) any other matter the Secretary considers relevant.
1
(3) The Secretary must not make a determination under subsection (1)
2
unless the owner holds a community store licence for the store.
3
(4) The Secretary may revoke a determination made under
4
subsection (1).
5
63 Procedure before determining that registration is required
6
(1) If the Secretary proposes to make a determination under subsection
7
62(1) that the owner of a community store is required to become
8
registered under the CATSI Act, the Secretary must give written
9
notice of the proposed determination to the owner of the store.
10
(2) The notice must:
11
(a) invite written submissions from the owner of the store in
12
relation to the requirement to become registered; and
13
(b) specify that written submissions must be lodged during the
14
period (the submission period) that is:
15
(i) the period specified in the notice; or
16
(ii) if the Secretary agrees in writing to a longer period--
17
that longer period; and
18
(c) specify the manner in which written submissions are to be
19
lodged.
20
(3) For the purposes of subparagraph (2)(b)(i), the period specified in
21
the notice must be at least 10 business days after the day the notice
22
is given.
23
(4) The Secretary must not make a determination under subsection
24
62(1) that the owner of a community store is required to become
25
registered under the CATSI Act unless:
26
(a) the owner has been given a notice under subsection (1); and
27
(b) the Secretary has considered all written submissions received
28
during the submission period.
29
Food security Part 4
Requirement to register under the Corporations (Aboriginal and Torres Strait Islander)
Act 2006 Division 5
Section 64
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 65
64 Notice of determination that registration is required
1
(1) If the Secretary makes any of the following determinations in
2
relation to a community store, the Secretary must give written
3
notice of the determination to the owner of the store:
4
(a) a determination under subsection 62(1) that the owner is or is
5
not required to be registered under the CATSI Act;
6
(b) a determination under subsection 62(4) revoking a
7
determination made under subsection 62(1).
8
(2) If the Secretary determines under subsection 62(1) that the owner
9
is required to be registered under the CATSI Act, the notice must:
10
(a) specify the reasons for the determination; and
11
(b) specify that the owner must apply for registration under that
12
Act during the period (the registration period) that is:
13
(i) the period specified in the notice; or
14
(ii) if the Secretary agrees in writing to a longer period--
15
that longer period; and
16
(c) advise that the owner may be subject to a civil penalty under
17
section 61 if:
18
(i) an application for registration is not made by the owner;
19
or
20
(ii) an application is made but registration under that Act is
21
refused; and
22
(d) advise that, if the owner does not become registered:
23
(i) the Secretary may revoke the community store licence
24
under subsection 65(1); and
25
(ii) if the community store licence is revoked, subsection
26
38(1) may prohibit the store from being operated after
27
the revocation takes effect.
28
(3) For the purposes of subparagraph (2)(b)(i), the period specified in
29
the notice must be at least 20 business days after the last day of the
30
submission period referred to in paragraph 63(2)(b).
31
65 Community store licence may be revoked if owner is not
32
registered
33
(1) The Secretary may revoke a community store licence if:
34
Part 4 Food security
Division 5 Requirement to register under the Corporations (Aboriginal and Torres
Strait Islander) Act 2006
Section 66
66 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(a) the Secretary has given the owner of the community store a
1
notice under subsection 64(1) requiring the owner to become
2
registered under the CATSI Act during the registration period
3
referred to in paragraph 64(2)(b); and
4
(b) the owner has not become registered under that Act by the
5
end of that period.
6
Note:
If the Secretary proposes to revoke a community store licence under
7
subsection (1), the procedure in section 66 must be followed first.
8
(2) The Secretary must not revoke a licence under subsection (1) if the
9
Secretary is satisfied that it was not reasonably practicable in the
10
circumstances for the owner to become registered during the
11
registration period referred to in paragraph 64(2)(b), having regard
12
to the following:
13
(a) any submissions received from the owner in the submission
14
period referred to in paragraph 66(2)(c);
15
(b) any views expressed by the Registrar (within the meaning of
16
the CATSI Act);
17
(c) any other matter the Secretary considers relevant.
18
(3) If the Secretary revokes a community store licence under
19
subsection (1), the Secretary must give written notice of the
20
revocation to the owner and manager of the store.
21
(4) A revocation takes effect on the day the notice is given, or on a
22
later day specified in the notice.
23
66 Procedure before revoking licence
24
(1) If the Secretary proposes to make a determination under subsection
25
65(1) to revoke a community store licence, the Secretary must give
26
written notice of the proposed determination to the owner and
27
manager of the store.
28
(2) A notice under subsection (1) must:
29
(a) specify the reasons for the proposed revocation; and
30
(b) invite written submissions in relation to the matters specified
31
in the notice; and
32
(c) specify that written submissions must be lodged during the
33
period (the submission period) that is:
34
Food security Part 4
Requirement to register under the Corporations (Aboriginal and Torres Strait Islander)
Act 2006 Division 5
Section 66
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 67
(i) the period specified in the notice; or
1
(ii) if the Secretary agrees in writing to a longer period--
2
that longer period; and
3
(d) specify the manner in which written submissions are to be
4
lodged; and
5
(e) advise that, if the licence is revoked, subsection 38(1) may
6
prohibit the store from being operated after the revocation
7
takes effect.
8
(3) For the purposes of subparagraph (2)(c)(i), the period specified in
9
the notice must be at least 10 business days after the day the notice
10
is given.
11
(4) The Secretary must not make a determination under subsection
12
65(1) revoking a community store licence unless:
13
(a) the persons required to be given a notice under subsection (1)
14
have been given such a notice; and
15
(b) the Secretary has considered all written submissions received
16
during the submission period.
17
18
Part 4 Food security
Division 6 Assessments of community stores in relation to licensing
Section 67
68 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
Division 6--Assessments of community stores in relation to
1
licensing
2
67 Community stores may be assessed
3
(1) The Secretary may, on the Secretary's own initiative, require an
4
authorised officer to assess a community store for one or more of
5
the following purposes:
6
(a) determining whether a community store licence is required to
7
be held in relation to a community store;
8
(b) determining whether to grant a community store licence in
9
relation to a community store;
10
(c) determining whether to impose, vary or revoke conditions on
11
a community store licence;
12
(d) determining whether to revoke a community store licence in
13
relation to a community store;
14
(e) monitoring compliance with this Part.
15
(2) Before requiring an authorised officer to make an assessment under
16
subsection (1), the Secretary must have regard to:
17
(a) the object of this Part (see section 37); and
18
(b) any other matter the Secretary considers relevant.
19
(3) In assessing a community store, an authorised officer may consult
20
with such persons as the authorised officer considers appropriate.
21
(4) The Secretary may require an authorised officer to assess a
22
community store whether or not an application under subsection
23
44(1) has been made in relation to the community store.
24
68 Notice in relation to assessments
25
(1) This section applies if an assessment of a community store is to be,
26
or is being, conducted.
27
(2) The Secretary, or the authorised officer responsible for conducting
28
the assessment, must give a written notice to the owner and the
29
manager of the community store that specifies the following:
30
(a) that the assessment is to be, or is being, conducted;
31
Food security Part 4
Assessments of community stores in relation to licensing Division 6
Section 69
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 69
(b) the name of the authorised officer or officers who are
1
conducting, or will conduct, the assessment;
2
(c) the purposes of the assessment.
3
(3) If entry to the community store, or access to material or
4
documents, is required for the purposes of the assessment, written
5
notice of the requirement must be given (whether in the notice
6
under subsection (2) or in another notice) at least 10 business days
7
before the day the entry or access is required, unless a shorter
8
period is agreed with the owner or manager.
9
(4) To avoid doubt, this section does not require a store to be visited or
10
entered for the purposes of conducting an assessment.
11
69 Appointment of authorised officers
12
The Secretary may, in writing, appoint an appropriately qualified
13
person who is:
14
(a) an APS employee in the Department; or
15
(b) any other person engaged by the Department, under contract
16
or otherwise, to exercise powers, or perform duties or
17
functions, under this Part;
18
to be an authorised officer for the purposes of the exercise of the
19
powers conferred on authorised officers by this Part.
20
70 Identity cards
21
The Secretary may issue an identity card to an authorised officer in
22
the form approved by the Secretary. The identity card must contain
23
a recent photograph of the authorised officer.
24
71 Power to enter premises for the purposes of making assessments
25
(1) For the purposes of assessing a community store under section 67,
26
an authorised officer may enter the premises of the community
27
store.
28
(2) An authorised officer is not authorised to enter premises under
29
subsection (1) unless the occupier of the premises, or another
30
person who apparently represents the occupier, has consented to
31
Part 4 Food security
Division 6 Assessments of community stores in relation to licensing
Section 72
70 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
the entry and the officer has shown his or her identity card if
1
required by the occupier.
2
Note:
If consent is unreasonably withheld, the Secretary may refuse to grant
3
a community store licence (see subsection 45(3)).
4
(3) The authorised officer must leave premises entered under this
5
section if the occupier, or another person who apparently
6
represents the occupier, asks the authorised officer to do so.
7
72 Authorised officers may obtain access to records and assistance
8
(1) This section applies if an authorised officer is assessing a
9
community store under section 67.
10
(2) The owner of the community store, the manager of the store, the
11
occupier of premises of the store or another person who apparently
12
represents the occupier, must, if requested, give an authorised
13
officer, or any other person assisting the authorised officer, such
14
documents as are reasonably necessary for the authorised officer to
15
make the assessment.
16
Criminal penalty:
60 penalty units.
17
Note:
If the person unreasonably refuses to provide documents under
18
subsection (2), the Secretary may refuse to grant a community store
19
licence (see subsection 45(3)).
20
(3) Subsection (2) does not apply if giving the documents might tend
21
to incriminate the person or expose the person to a penalty.
22
Note:
A defendant bears an evidential burden in relation to the matters in
23
subsection (3) (see subsection 13.3(3) of the Criminal Code).
24
(4) The occupier of premises of the community store, or another
25
person who apparently represents the occupier, must provide the
26
authorised officer, or any other person assisting the authorised
27
officer, with such assistance and facilities as are necessary and
28
reasonable for making the assessment.
29
Criminal penalty:
10 penalty units.
30
Note:
If the person unreasonably refuses to provide assistance or facilities
31
under subsection (4), the Secretary may refuse to grant a community
32
store licence (see subsection 45(3)).
33
Food security Part 4
Assessments of community stores in relation to licensing Division 6
Section 73
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 71
(5) Subsections (2) and (4) are offences of strict liability.
1
Note:
For strict liability, see section 6.1 of the Criminal Code.
2
73 Power to compel information relating to assessments
3
(1) This section applies to a person if the Secretary considers that:
4
(a)
information
(the
compellable information) relating to an
5
assessment of a community store under section 67 is in the
6
person's possession, custody or control (whether held
7
electronically or in any other form); and
8
(b) the information is reasonably necessary for the purposes of
9
the assessment.
10
(2) The Secretary may, in writing, require the person to give
11
compellable information to the Secretary:
12
(a) within a specified period of time; and
13
(b) in a specified form or manner.
14
(3) The person must not fail to comply with a requirement under this
15
section.
16
Criminal penalty:
10 penalty units.
17
(4) Subsection (3) does not apply to the extent that the person has a
18
reasonable excuse. However, a person does not have a reasonable
19
excuse merely because the information in question is:
20
(a) of a commercial nature; or
21
(b) subject to an obligation of confidentiality arising from a
22
commercial relationship; or
23
(c)
commercially
sensitive.
24
Note:
A defendant bears an evidential burden in relation to the matters in
25
subsection (4) (see subsection 13.3(3) of the Criminal Code).
26
(5) Subsection (3) does not apply in relation to compellable
27
information if giving the information might tend to incriminate the
28
person or expose the person to a penalty.
29
Note:
A defendant bears an evidential burden in relation to the matters in
30
subsection (5) (see subsection 13.3(3) of the Criminal Code).
31
Part 4 Food security
Division 6 Assessments of community stores in relation to licensing
Section 73
72 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(6) This section has effect despite any law of the Commonwealth, a
1
State or a Territory prohibiting disclosure of the information.
2
3
Food security Part 4
Areas that are not in the food security area Division 7
Section 74
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 73
Division 7--Areas that are not in the food security area
1
74 Areas that are not in the food security area
2
(1) The rules may prescribe that at an area in the Northern Territory is
3
not in the food security area.
4
(2) The rules may revoke or vary a rule made for the purposes of
5
subsection (1).
6
(3) The Minister may make a rule for the purposes of subsection (1) or
7
(2):
8
(a) on the Minister's own initiative; or
9
(b) following a request made to the Minister by, or on behalf of,
10
a person who is ordinarily resident in the area to which the
11
rule relates.
12
(4) In making a rule for the purposes of subsection (1) or (2), the
13
Minister must have regard to the following matters:
14
(a) the object of this Part (see section 37);
15
(b) the wellbeing of people living in the area;
16
(c) any other matter that the Minister considers relevant.
17
(5) If a rule is made for the purposes of subsection (1) in relation to an
18
area, then this Part continues to apply in relation to that area, after
19
the rule takes effect, in relation to things done, or omitted to be
20
done, before the rule takes effect.
21
Part 4 Food security
Division 8 Enforcement relating to food security
Section 75
74 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
Division 8--Enforcement relating to food security
1
Subdivision A--Civil penalties
2
75 Civil penalty orders
3
Application for order
4
(1)
The
Secretary may apply to a relevant court for an order that a
5
person, who is alleged to have contravened a civil penalty
6
provision, pay the Commonwealth a pecuniary penalty.
7
(2) A subsection of this Part (or a section of this Part that is not
8
divided into subsections) is a civil penalty provision if the words
9
"civil penalty" and one or more amounts in penalty units are set out
10
at the foot of the subsection (or section).
11
(3) The Secretary must make an application under subsection (1)
12
within 6 years of the alleged contravention.
13
Court may order person to pay pecuniary penalty
14
(4) If the relevant court is satisfied that the person has contravened the
15
civil penalty provision, the court may order the person to pay to the
16
Commonwealth such pecuniary penalty for the contravention as the
17
court determines to be appropriate.
18
Note:
Subsection (6) sets out the maximum penalty that the court may order
19
the person to pay.
20
(5) An order under subsection (4) is a civil penalty order.
21
Determining the amount of a pecuniary penalty
22
(6) The pecuniary penalty must not be more than the pecuniary penalty
23
specified for the civil penalty provision.
24
(7) In determining the amount of a pecuniary penalty, the court must
25
take into account all relevant matters, including:
26
(a) the nature and extent of the contravention; and
27
(b) the nature and extent of any loss or damage suffered because
28
of the contravention; and
29
Food security Part 4
Enforcement relating to food security Division 8
Section 76
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 75
(c) the circumstances in which the contravention took place; and
1
(d) whether the person has previously been found by a court to
2
have engaged in any similar conduct.
3
76 Civil enforcement of penalty
4
(1) A pecuniary penalty is a debt payable to the Commonwealth.
5
(2) The Commonwealth may enforce a civil penalty order as if it were
6
an order made in civil proceedings against the person to recover a
7
debt due by the person. The debt arising from the order is taken to
8
be a judgement debt.
9
77 Conduct contravening more than one civil penalty provision
10
(1) If conduct constitutes a contravention of 2 or more civil penalty
11
provisions, proceedings may be instituted under this Part against a
12
person in relation to the contravention of any one or more of those
13
provisions.
14
(2) However, the person is not liable to more than one pecuniary
15
penalty under this Part in relation to the same conduct.
16
78 Multiple contraventions
17
(1) A relevant court may make a single civil penalty order against a
18
person for multiple contraventions of a civil penalty provision if
19
proceedings for the contraventions are founded on the same facts,
20
or if the contraventions form, or are part of, a series of
21
contraventions of the same or a similar character.
22
Note:
For continuing contraventions of civil penalty provisions, see
23
section 87.
24
(2) However, the penalty must not exceed the sum of the maximum
25
penalties that could be ordered if a separate penalty were ordered
26
for each of the contraventions.
27
79 Proceedings may be heard together
28
A relevant court may direct that 2 or more proceedings for civil
29
penalty orders are to be heard together.
30
Part 4 Food security
Division 8 Enforcement relating to food security
Section 80
76 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
80 Civil evidence and procedure rules for civil penalty orders
1
A relevant court must apply the rules of evidence and procedure
2
for civil matters when hearing proceedings for a civil penalty
3
order.
4
81 Contravening a civil penalty provision is not an offence
5
A contravention of a civil penalty provision is not an offence.
6
82 Civil proceedings after criminal proceedings
7
A relevant court may not make a civil penalty order against a
8
person for a contravention of a civil penalty provision if the person
9
has been convicted of an offence constituted by conduct that is the
10
same, or substantially the same, as the conduct constituting the
11
contravention.
12
83 Criminal proceedings during civil proceedings
13
(1) Proceedings for a civil penalty order against a person for a
14
contravention of a civil penalty provision are stayed if:
15
(a) criminal proceedings are commenced or have already been
16
commenced against the person for an offence; and
17
(b) the offence is constituted by conduct that is the same, or
18
substantially the same, as the conduct alleged to constitute
19
the contravention.
20
(2) The proceedings for the order (the civil proceedings) may be
21
resumed if the person is not convicted of the offence. Otherwise:
22
(a) the civil proceedings are dismissed; and
23
(b) costs must not be awarded in relation to the civil proceedings.
24
84 Criminal proceedings after civil proceedings
25
Criminal proceedings may be commenced against a person for
26
conduct that is the same, or substantially the same, as conduct that
27
would constitute a contravention of a civil penalty provision
28
regardless of whether a civil penalty order has been made against
29
the person in relation to the contravention.
30
Food security Part 4
Enforcement relating to food security Division 8
Section 85
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 77
85 Evidence given in civil proceedings not admissible in criminal
1
proceedings
2
(1) Evidence of information given, or evidence of production of
3
documents by an individual, is not admissible in criminal
4
proceedings against the individual if:
5
(a) the individual previously gave the evidence or produced the
6
documents in proceedings for a civil penalty order against the
7
individual for an alleged contravention of a civil penalty
8
provision (whether or not the order was made); and
9
(b) the conduct alleged to constitute the offence is the same, or
10
substantially the same, as the conduct alleged to constitute
11
the contravention.
12
(2) However, subsection (1) does not apply to criminal proceedings in
13
relation to the falsity of the evidence given by the individual in the
14
proceedings for the civil penalty order.
15
86 Ancillary contravention of civil penalty provisions
16
(1) A person must not:
17
(a) attempt to contravene a civil penalty provision; or
18
(b) aid, abet, counsel or procure a contravention of a civil
19
penalty provision; or
20
(c) induce (by threats, promises or otherwise) a contravention of
21
a civil penalty provision; or
22
(d) be in any way, directly or indirectly, knowingly concerned in,
23
or party to, a contravention of a civil penalty provision; or
24
(e) conspire with others to effect a contravention of a civil
25
penalty provision.
26
Note:
Section 89 (which provides that a person's state of mind does not need
27
to be proven in relation to a civil penalty provision) does not apply to
28
subsection (1) of this section.
29
Civil penalty
30
(2) A person who contravenes subsection (1) in relation to a civil
31
penalty provision is taken to have contravened the provision.
32
Part 4 Food security
Division 8 Enforcement relating to food security
Section 87
78 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
87 Continuing contraventions of civil penalty provisions
1
(1) If an act or thing is required under a civil penalty provision to be
2
done:
3
(a) within a particular period; or
4
(b) before a particular time;
5
then the obligation to do that act or thing continues until the act or
6
thing is done (even if the period has expired or the time has
7
passed).
8
(2) A person who contravenes a civil penalty provision that requires an
9
act or thing to be done:
10
(a) within a particular period; or
11
(b) before a particular time;
12
commits a separate contravention of that provision in respect of
13
each day during which the contravention occurs (including the day
14
the relevant civil penalty order is made or any later day).
15
88 Mistake of fact
16
(1) A person is not liable to have a civil penalty order made against the
17
person for a contravention of a civil penalty provision if:
18
(a) at or before the time of the conduct constituting the
19
contravention, the person:
20
(i) considered whether or not facts existed; and
21
(ii) was under a mistaken but reasonable belief about those
22
facts; and
23
(b) had those facts existed, the conduct would not have
24
constituted a contravention of the civil penalty provision.
25
(2) For the purposes of subsection (1), a person may be regarded as
26
having considered whether or not facts existed if:
27
(a) the person had considered, on a previous occasion, whether
28
those facts existed in the circumstances surrounding that
29
occasion; and
30
(b) the person honestly and reasonably believed that the
31
circumstances surrounding the present occasion were the
32
same, or substantially the same, as those surrounding the
33
previous occasion.
34
Food security Part 4
Enforcement relating to food security Division 8
Section 89
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 79
(3) A person who wishes to rely on subsection (1) or (2) in
1
proceedings for a civil penalty order bears an evidential burden in
2
relation to that matter.
3
89 State of mind
4
(1) In proceedings for a civil penalty order against a person for a
5
contravention of a civil penalty provision (other than subsection
6
86(1)), it is not necessary to prove:
7
(a) the person's intention; or
8
(b) the person's knowledge; or
9
(c) the person's recklessness; or
10
(d) the person's negligence; or
11
(e) any other state of mind of the person.
12
(2) Subsection (1) does not affect the operation of section 88 (which is
13
about mistake of fact).
14
Subdivision B--Infringement notices
15
90 When an infringement notice may be given
16
(1) If the Secretary has reasonable grounds to believe that a person has
17
contravened an enforceable provision, the Secretary may give to
18
the person an infringement notice for the alleged contravention.
19
(2) The infringement notice must be given within 12 months after the
20
day the contravention is alleged to have taken place.
21
(3) A single infringement notice must relate only to a single
22
contravention of a single civil penalty provision unless
23
subsection (4) applies.
24
(4) The Secretary may give a person a single infringement notice
25
relating to multiple contraventions of a single provision if:
26
(a) the provision requires the person to do a thing within a
27
particular period or before a particular time; and
28
(b) the person fails or refuses to do that thing within that period
29
or before that time; and
30
(c) the failure or refusal occurs on more than one day; and
31
Part 4 Food security
Division 8 Enforcement relating to food security
Section 91
80 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(d) each contravention is constituted by the failure or refusal on
1
one of those days.
2
Note:
For continuing offences, see subsection 4K(2) of the Crimes Act 1914.
3
For continuing contraventions of civil penalty provisions, see
4
section 87 of this Act.
5
91 Matters to be included in an infringement notice
6
(1) An infringement notice must:
7
(a) be identified by a unique number; and
8
(b) state the day it is given; and
9
(c) state the name of the person to whom the notice is given; and
10
(d) state the name of the person who gave the notice; and
11
(e) give brief details of the alleged contravention, including:
12
(i) the provision that was allegedly contravened; and
13
(ii) the maximum penalty a court could impose for the
14
contravention; and
15
(iii) the time (if known) and day of, and the place of, the
16
alleged contravention; and
17
(f) state the amount that is payable under the notice; and
18
(g) give an explanation of how payment of the amount is to be
19
made; and
20
(h) state that, if the person to whom the notice is given pays the
21
amount within 28 days after the day the notice is given, then
22
(unless the notice is withdrawn):
23
(i) if the provision is an offence provision and does not also
24
constitute a civil penalty provision--the person will not
25
be liable to be prosecuted in a court for the alleged
26
contravention; or
27
(ii) if the provision is an offence provision that can also
28
constitute a civil penalty provision--the person is not
29
liable to be prosecuted in a court, and proceedings
30
seeking a civil penalty order will not be brought, in
31
relation to the alleged contravention; or
32
(iii) if the provision is a civil penalty provision--
33
proceedings seeking a civil penalty order will not be
34
brought in relation to the alleged contravention; and
35
Food security Part 4
Enforcement relating to food security Division 8
Section 91
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 81
(i) state that payment of the amount is not an admission of guilt
1
or liability; and
2
(j) state that the person may apply to the Secretary to have the
3
period in which to pay the amount extended; and
4
(k) state that the person may choose not to pay the amount and, if
5
the person does so:
6
(i) if the provision is an offence provision and does not also
7
constitute a civil penalty provision--the person may be
8
prosecuted in a court for the alleged contravention; or
9
(ii) if the provision is an offence provision and can also
10
constitute a civil penalty provision--the person may be
11
prosecuted in a court, or proceedings seeking a civil
12
penalty order may be brought, in relation to the alleged
13
contravention; or
14
(iii) if the provision is a civil penalty provision--
15
proceedings seeking a civil penalty order may be
16
brought in relation to the alleged contravention; and
17
(l) set out how the notice can be withdrawn; and
18
(m) state that if the notice is withdrawn:
19
(i) if the provision is an offence provision and does not also
20
constitute a civil penalty provision--the person may be
21
prosecuted in a court for the alleged contravention; or
22
(ii) if the provision is an offence provision and can also
23
constitute a civil penalty provision--the person may be
24
prosecuted in a court, or proceedings seeking a civil
25
penalty order may be brought, in relation to the alleged
26
contravention; or
27
(iii) if the provision is a civil penalty provision--
28
proceedings seeking a civil penalty order may be
29
brought in relation to the alleged contravention; and
30
(n) state that the person may make written representations to the
31
Secretary seeking the withdrawal of the notice.
32
(2) For the purposes of paragraph (1)(f), the amount to be stated in the
33
notice for the alleged contravention of the provision must be equal
34
to one-fifth of the maximum penalty that the court could impose on
35
the person for that contravention.
36
Part 4 Food security
Division 8 Enforcement relating to food security
Section 92
82 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
92 Extension of time to pay amount
1
(1) A person to whom an infringement notice has been given may
2
apply to the Secretary for an extension of the period referred to in
3
paragraph 91(1)(h).
4
(2) If the application is made before the end of that period, the
5
Secretary may, in writing, extend that period. The Secretary may
6
do so before or after the end of that period.
7
(3) If the Secretary extends that period, a reference in this Division, or
8
in a notice or other instrument under this Division, to the period
9
referred to in paragraph 91(1)(h) is taken to be a reference to that
10
period so extended.
11
(4) If the Secretary does not extend that period, a reference in this
12
Division, or in a notice or other instrument under this Division, to
13
the period referred to in paragraph 91(1)(h) is taken to be a
14
reference to the period that ends on the later of the following days:
15
(a) the day that is the last day of the period referred to in
16
paragraph 91(1)(h);
17
(b) the day that is 7 days after the day the person was given
18
notice of the Secretary's decision not to extend.
19
(5) The Secretary may extend the period more than once under
20
subsection (2).
21
93 Withdrawal of an infringement notice
22
Representations seeking withdrawal of notice
23
(1) A person to whom an infringement notice has been given may
24
make written representations to the Secretary seeking the
25
withdrawal of the notice.
26
Withdrawal of notice
27
(2) The Secretary may withdraw an infringement notice given to a
28
person (whether or not the person has made written representations
29
seeking the withdrawal).
30
Food security Part 4
Enforcement relating to food security Division 8
Section 93
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 83
(3) When deciding whether or not to withdraw an infringement notice
1
(the relevant infringement notice), the Secretary:
2
(a) must take into account any written representations seeking
3
the withdrawal that were given by the person to the
4
Secretary; and
5
(b) may take into account the following:
6
(i) whether a court has previously imposed a penalty on the
7
person for a contravention of an enforceable provision;
8
(ii) the circumstances of the alleged contravention;
9
(iii) whether the person has paid an amount, stated in an
10
earlier infringement notice, for a contravention of an
11
enforceable provision if the contravention is constituted
12
by conduct that is the same, or substantially the same, as
13
the conduct alleged to constitute the contravention in the
14
relevant infringement notice;
15
(iv) any other matter the Secretary considers relevant.
16
Notice of withdrawal
17
(4) Notice of the withdrawal of the infringement notice must be given
18
to the person. The withdrawal notice must state:
19
(a) the person's name and address; and
20
(b) the day the infringement notice was given; and
21
(c) the identifying number of the infringement notice; and
22
(d) that the infringement notice is withdrawn; and
23
(e)
that:
24
(i) if the provision is an offence provision and does not also
25
constitute a civil penalty provision--the person may be
26
prosecuted in a court for the alleged contravention; or
27
(ii) if the provision is an offence provision and can also
28
constitute a civil penalty provision--the person may be
29
prosecuted in a court, or proceedings seeking a civil
30
penalty order may be brought, in relation to the alleged
31
contravention; or
32
(iii) if the provision is a civil penalty provision--
33
proceedings seeking a civil penalty order may be
34
brought in relation to the alleged contravention.
35
Part 4 Food security
Division 8 Enforcement relating to food security
Section 94
84 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
Refund of amount if infringement notice withdrawn
1
(5)
If:
2
(a) the Secretary withdraws the infringement notice; and
3
(b) the person has already paid the amount stated in the notice;
4
the Commonwealth must refund to the person an amount equal to
5
the amount paid.
6
94 Effect of payment of amount
7
(1) If the person to whom an infringement notice for an alleged
8
contravention of an enforceable provision is given pays the amount
9
stated in the notice before the end of the period referred to in
10
paragraph 91(1)(h):
11
(a) any liability of the person for the alleged contravention is
12
discharged; and
13
(b)
either:
14
(i) if the provision is an offence provision--the person may
15
not be prosecuted in a court for the alleged
16
contravention; or
17
(ii) if the provision is a civil penalty provision--
18
proceedings seeking a civil penalty order may not be
19
brought against the person in relation to the alleged
20
contravention; and
21
(c) the person is not regarded as having admitted guilt or liability
22
for the alleged contravention; and
23
(d) if the provision is an offence provision--the person is not
24
regarded as having been convicted of the alleged offence.
25
(2) Subsection (1) does not apply if the notice has been withdrawn.
26
95 Effect of this Division
27
This Division does not:
28
(a) require an infringement notice to be given to a person for an
29
alleged contravention of an enforceable provision; or
30
(b) affect the liability of a person for an alleged contravention of
31
an enforceable provision if:
32
Food security Part 4
Enforcement relating to food security Division 8
Section 96
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 85
(i) the person does not comply with an infringement notice
1
given to the person for the contravention; or
2
(ii) an infringement notice is not given to the person for the
3
contravention; or
4
(iii) an infringement notice is given to the person for the
5
contravention and is subsequently withdrawn; or
6
(c) prevent the giving of 2 or more infringement notices to a
7
person for an alleged contravention of an enforceable
8
provision; or
9
(d) limit the court's discretion to determine the amount of a
10
penalty to be imposed on a person who is found to have
11
contravened an enforceable provision.
12
Subdivision C--Enforceable undertakings
13
96 Acceptance of undertakings
14
(1) The Secretary may accept any of the following undertakings:
15
(a) a written undertaking given by a person that the person will,
16
in order to comply with an enforceable provision, take
17
specified action;
18
(b) a written undertaking given by a person that the person will,
19
in order to comply with an enforceable provision, refrain
20
from taking specified action;
21
(c) a written undertaking given by a person that the person will
22
take specified action directed towards ensuring that the
23
person does not contravene an enforceable provision, or is
24
unlikely to contravene such a provision, in the future.
25
(2) The undertaking must be expressed to be an undertaking under this
26
section.
27
(3) The person may withdraw or vary the undertaking at any time, but
28
only with the written consent of the Secretary.
29
(4) The consent of the Secretary is not a legislative instrument.
30
(5) The Secretary may, by written notice given to the person, cancel
31
the undertaking.
32
Part 4 Food security
Division 8 Enforcement relating to food security
Section 97
86 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
97 Enforcement of undertakings
1
(1)
If:
2
(a) a person has given an undertaking under section 96; and
3
(b) the undertaking has not been withdrawn or cancelled; and
4
(c) the Secretary considers that the person has breached the
5
undertaking;
6
the Secretary may apply to a relevant court for an order under
7
subsection (2).
8
(2) If the relevant court is satisfied that the person has breached the
9
undertaking, the court may make any or all of the following orders:
10
(a) an order directing the person to comply with the undertaking;
11
(b) an order directing the person to pay to the Commonwealth an
12
amount up to the amount of any financial benefit that the
13
person has obtained directly or indirectly and that is
14
reasonably attributable to the breach;
15
(c) any order that the court considers appropriate directing the
16
person to compensate any other person who has suffered loss
17
or damage as a result of the breach;
18
(d) any other order that the court considers appropriate.
19
Subdivision D--Injunctions
20
98 Grant of injunctions
21
Restraining injunctions
22
(1) If a person has engaged, is engaging or is proposing to engage, in
23
conduct in contravention of an enforceable provision, a relevant
24
court may, on application by the Secretary, grant an injunction:
25
(a) restraining the person from engaging in the conduct; and
26
(b) if, in the court's opinion, it is desirable to do so--requiring
27
the person to do a thing.
28
Performance injunctions
29
(2)
If:
30
Food security Part 4
Enforcement relating to food security Division 8
Section 99
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 87
(a) a person has refused or failed, or is refusing or failing, or is
1
proposing to refuse or fail, to do a thing; and
2
(b) the refusal or failure was, is or would be a contravention of a
3
provision enforceable under this Part;
4
the court may, on application by the Secretary, grant an injunction
5
requiring the person to do that thing.
6
99 Interim injunctions
7
Grant of interim injunctions
8
(1) Before deciding an application for an injunction under section 98, a
9
relevant court may grant an interim injunction:
10
(a) restraining a person from engaging in conduct; or
11
(b) requiring a person to do a thing.
12
No undertakings as to damages
13
(2) The court must not require an applicant for an injunction under
14
section 98 to give an undertaking as to damages as a condition of
15
granting an interim injunction.
16
100 Discharging or varying injunctions
17
A relevant court may discharge or vary an injunction granted by
18
the court under this Division.
19
101 Certain limits on granting injunctions not to apply
20
Restraining injunctions
21
(1) The power of a relevant court under this Division to grant an
22
injunction restraining a person from engaging in conduct may be
23
exercised:
24
(a) whether or not it appears to the court that the person intends
25
to engage again, or to continue to engage, in conduct of that
26
kind; and
27
(b) whether or not the person has previously engaged in conduct
28
of that kind; and
29
Part 4 Food security
Division 8 Enforcement relating to food security
Section 102
88 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(c) whether or not there is an imminent danger of substantial
1
damage to any other person if the person engages in conduct
2
of that kind.
3
Performance injunctions
4
(2) The power of a relevant court under this Division to grant an
5
injunction requiring a person to do a thing may be exercised:
6
(a) whether or not it appears to the court that the person intends
7
to refuse or fail again, or to continue to refuse or fail, to do
8
that thing; and
9
(b) whether or not the person has previously refused or failed to
10
do that thing; and
11
(c) whether or not there is an imminent danger of substantial
12
damage to any other person if the person refuses or fails to do
13
that thing.
14
102 Other powers of a relevant court unaffected
15
The powers conferred on a relevant court under this Division are in
16
addition to, and not instead of, any other powers of the court,
17
whether conferred by this Act or otherwise.
18
Subdivision E--Civil jurisdiction of courts
19
103 Civil jurisdiction of courts
20
(1) Jurisdiction is conferred on a court referred to in an item in the
21
following table in relation to civil matters arising under this Part,
22
subject to the limits on the court's jurisdiction (if any) specified in
23
the item:
24
25
Civil jurisdiction of courts
Item
Court on which civil jurisdiction is
conferred
Limits of jurisdiction
1
The Federal Court of Australia
No specified limits.
2
The Federal Magistrates Court
No specified limits.
3
A superior court, or lower court, of
The court's general jurisdictional
Food security Part 4
Enforcement relating to food security Division 8
Section 103
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 89
Civil jurisdiction of courts
Item
Court on which civil jurisdiction is
conferred
Limits of jurisdiction
the Northern Territory
limits, including limits as to locality
and subject matter.
(2) Jurisdiction is conferred on the courts of the Northern Territory
1
only to the extent that the Constitution permits.
2
(3) Section 15C of the Acts Interpretation Act 1901 does not apply to
3
civil proceedings under this Part.
4
5
Part 4 Food security
Division 9 Other matters
Section 104
90 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
Division 9--Other matters
1
104 Information about criminal history
2
(1) The Secretary may, by written notice given to:
3
(a) an individual who is the owner, manager or an employee of a
4
community store; or
5
(b) another person involved in a community store;
6
request the individual to give to the Secretary any written consent
7
that the Secretary requires to enable criminal records to be checked
8
for the purposes of this Part.
9
(2) This Part does not affect the operation of Part VIIC of the Crimes
10
Act 1914 (which includes provisions that, in certain circumstances,
11
relieve persons from the requirement to disclose spent convictions
12
and require persons aware of such convictions to disregard them).
13
105 Power to request information from public officials etc.
14
(1) The Secretary may, by written notice, request:
15
(a) a Department, agency or authority of the Commonwealth, a
16
State or a Territory; or
17
(b) a person who holds an office or appointment under a law of
18
the Commonwealth, a State or a Territory;
19
to give the Secretary information specified in the request that the
20
Secretary considers is reasonably necessary for the purposes of this
21
Part.
22
(2) The disclosure of personal information in response to a request
23
under subsection (1) is taken to be a disclosure that is authorised by
24
law for the purposes of the Privacy Act 1988.
25
106 Disclosure of information to public officials etc.
26
(1) This section applies if the Secretary is satisfied that disclosure of
27
information that is obtained by the Secretary as a result of the
28
performance of functions or the exercise of powers under this Part
29
is reasonably necessary for:
30
Food security Part 4
Other matters Division 9
Section 107
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 91
(a) the enforcement of a law of the Commonwealth, a State or a
1
Territory that:
2
(i) creates an offence; or
3
(ii) imposes a pecuniary penalty; or
4
(b) the protection of public health or safety.
5
(2) The Secretary may disclose, or authorise the disclosure of, the
6
information to:
7
(a) a Department, agency or authority of the Commonwealth, a
8
State or a Territory; or
9
(b) a person who holds an office or appointment under a law of
10
the Commonwealth, a State or a Territory; or
11
(c) the Australian Federal Police; or
12
(d) a police force or police service of a State or Territory.
13
107 This Part does not affect legal professional privilege
14
This Part does not affect the law relating to legal professional
15
privilege.
16
108 Application of Northern Territory laws to community stores
17
To the extent that a law of the Northern Territory is capable of
18
operating concurrently with this Part, this Part does not affect the
19
application of the law to a community store or to the owner or
20
manager of a community store.
21
109 Interaction with other Commonwealth laws
22
(1) This Part has effect despite any other law of the Commonwealth.
23
(2) For the purposes of subsection 51(1) of the Competition and
24
Consumer Act 2010, the following things are to be regarded as
25
specified in this section and specifically authorised by this section:
26
(a) giving an authorisation under subsection 38(5);
27
(b) determining under subsection 41(1) whether the owner of a
28
community store is required to hold a community store
29
licence;
30
Part 4 Food security
Division 9 Other matters
Section 110
92 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
(c) making an application for a community store licence under
1
subsection 44(1);
2
(d) determining under subsection 45(1) whether to grant a
3
community store licence;
4
(e) determining under subsection 52(1) to impose a condition of
5
a community store licence;
6
(f) making an application to vary a community store licence
7
under subsection 57(1);
8
(g) determining under subsection 58(1) to vary a community
9
store licence (including varying or refusing to vary the
10
conditions of the licence);
11
(h) determining under subsection 59(1) to revoke a community
12
store licence;
13
(i) determining under subsection 62(1) that the owner of a
14
community store is required to become registered under the
15
CATSI Act;
16
(j) determining under subsection 65(1) to revoke a community
17
store licence;
18
(k) requiring an authorised officer to assess a community store
19
under section 67;
20
(l) determining under subsection 74(1) that an area in the
21
Northern Territory is not in the food security area;
22
(m) taking any action in connection with an action referred to in
23
any of the above paragraphs;
24
(n) taking any action (including an action taken by the
25
Commonwealth, a Commonwealth authority, the holder of a
26
community store licence or a person acting in accordance
27
with a community store licence), being an action that is:
28
(i) required by a community store licence; or
29
(ii) authorised by a community store licence; or
30
(iii) in connection with an action referred to in
31
subparagraph (i) or (ii).
32
110 AAT review of the Secretary's determinations under this Part
33
An application may be made to the Administrative Appeals
34
Tribunal for review of the following determinations of the
35
Secretary:
36
Food security Part 4
Other matters Division 9
Section 110
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 93
(a) a determination under subsection 41(1) that a community
1
store licence is required in relation to a community store;
2
(b) a determination under subsection 45(1) to refuse to grant a
3
community store licence;
4
(c) a determination under subsection 52(1) to impose conditions
5
on a community store licence;
6
(d) a determination under subsection 58(1) to refuse to vary a
7
community store licence;
8
(e) a determination under subsection 59(1) to revoke a
9
community store licence;
10
(f) a determination under subsection 62(1) that an owner of a
11
community store is required to be registered under the
12
CATSI Act;
13
(g) a determination under subsection 65(1) to revoke a
14
community store licence.
15
16
Part 5 Other matters
Division 1 Introduction
Section 111
94 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
Part 5--Other matters
1
Division 1--Introduction
2
111 Guide to this Part
3
This Part has a number of miscellaneous provisions.
4
It requires the Minister to cause an independent review to be
5
conducted of the first 7 years of the operation of this Act (see
6
section 117).
7
It provides that this Act sunsets after 10 years (see section 118).
8
It also has other miscellaneous provisions (such as the power to
9
delegate, the power to make rules and the power to make
10
regulations).
11
12
Other matters Part 5
Miscellaneous Division 2
Section 112
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 95
Division 2--Miscellaneous
1
112 Delegation
2
(1) The Minister may, in writing, delegate any of the Minister's
3
functions or powers under this Act to:
4
(a) the Secretary of the Department; or
5
(b) an SES employee or acting SES employee in the Department.
6
(2) The Secretary may, in writing, delegate any of the Secretary's
7
functions or powers under this Act to an SES employee, or acting
8
SES employee, in the Department.
9
113 References in Commonwealth or Northern Territory laws
10
(1) A reference in a law of the Commonwealth, or a law of the
11
Northern Territory, to a law of the Northern Territory includes a
12
reference to a law of the Northern Territory as modified by this Act
13
or regulations made under this Act.
14
(2) A reference in a law of the Commonwealth, or a law of the
15
Northern Territory, to an offence against a law of the Northern
16
Territory includes a reference to an offence against a law of the
17
Northern Territory as modified by this Act or regulations made
18
under this Act.
19
(3) A reference in a law of the Commonwealth or a law of the
20
Northern Territory to a law of the Commonwealth does not include
21
a reference to a law of the Northern Territory as modified by this
22
Act or regulations made under this Act.
23
(4) A reference in a law of the Northern Territory to a particular law of
24
the Northern Territory includes a reference to that law as modified
25
by this Act or regulations made under this Act.
26
114 Modification of Northern Territory laws
27
To the extent that this Act, or regulations made under this Act,
28
modify an Act or regulations of the Northern Territory, the
29
Interpretation Act of the Northern Territory, and other Acts of the
30
Part 5 Other matters
Division 2 Miscellaneous
Section 115
96 Stronger Futures in the Northern Territory Bill 2011 No. , 2011
Northern Territory of general application, apply in relation to this
1
Act or regulations made under this Act.
2
115 Northern Territory (Self-Government) Act
3
Section 49 of the Northern Territory (Self-Government) Act 1978
4
does not apply in relation to the operation of this Act.
5
116 Compensation for acquisition of property
6
(1) Subsection 50(2) of the Northern Territory (Self-Government) Act
7
1978 and section 128A of the NT Liquor Act do not apply in
8
relation to any acquisition of property referred to in those
9
provisions that occurs as a result of the operation of this Act.
10
(2) However, if the operation of this Act would result in an acquisition
11
of property to which paragraph 51(xxxi) of the Constitution applies
12
from a person otherwise than on just terms, the Commonwealth is
13
liable to pay a reasonable amount of compensation to the person.
14
(3) If the Commonwealth and the person do not agree on the amount
15
of the compensation, the person may institute proceedings in a
16
court of competent jurisdiction for the recovery from the
17
Commonwealth of such reasonable amount of compensation as the
18
court determines.
19
(4) In this Act:
20
acquisition of property has the same meaning as in paragraph
21
51(xxxi) of the Constitution.
22
just terms has the same meaning as in paragraph 51(xxxi) of the
23
Constitution.
24
117 Review of the operation of this Act
25
(1) The Minister must cause an independent review to be undertaken
26
of the first 7 years of the operation of this Act.
27
(2) The review must:
28
(a) assess the effectiveness of the special measures provided for
29
by this Act; and
30
Other matters Part 5
Miscellaneous Division 2
Section 118
Stronger Futures in the Northern Territory Bill 2011 No. , 2011 97
(b) consider any other matter specified by the Minister.
1
(3) The review must be completed, and a report must be prepared,
2
before the end of 8 years after commencement.
3
(4) The person undertaking the review must give the report of the
4
review to the Minister.
5
(5) The Minister must cause a copy of the report to be tabled in each
6
House of the Parliament within 15 sitting days of receiving it.
7
118 Sunset provision
8
(1) This Act ceases to have effect at the end of 10 years after
9
commencement.
10
(2) The regulations may prescribe matters of a transitional nature
11
(including prescribing any saving or application provisions) arising
12
out of this Act ceasing to have effect in accordance with
13
subsection (1).
14
119 Rules
15
The Minister may, by legislative instrument, make rules
16
prescribing matters:
17
(a) required or permitted by this Act to be prescribed; or
18
(b) necessary or convenient to be prescribed for carrying out or
19
giving effect to this Act.
20
120 Regulations
21
The Governor-General may make regulations prescribing matters:
22
(a) required or permitted by this Act to be prescribed; or
23
(b) necessary or convenient to be prescribed for carrying out or
24
giving effect to this Act.
25