Commonwealth of Australia Explanatory Memoranda

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STRONGER FUTURES IN THE NORTHERN TERRITORY BILL 2012

                        2010-2011-2012




 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                            SENATE




STRONGER FUTURES IN THE NORTHERN TERRITORY BILL 2012




       SUPPLEMENTARY EXPLANATORY MEMORANDUM




     Amendments to be moved on behalf of the Government




                 (Circulated by the authority of the
Minister for Families, Community Services and Indigenous Affairs,
    Minister for Disability Reform, the Hon Jenny Macklin MP)
   STRONGER FUTURES IN THE NORTHERN TERRITORY BILL 2012

         Amendments to be moved on behalf of the Government


OUTLINE

These amendments clarify the intended meaning of `alcohol' in relation to
liquor offences in the tackling alcohol abuse measure, and also clarify that
police infringement notices can be issued for certain offences under those
new provisions, as an alternative to commencing a prosecution.


Financial impact statement

The financial impact of these amendments is nil.
       STRONGER FUTURES IN THE NORTHERN TERRITORY BILL 2012

             Amendments to be moved on behalf of the Government


NOTES ON AMENDMENTS

Firstly, the amendments clarify the meaning of `alcohol' in the offence relating to
supply of liquor. Secondly, it is clarified that police infringement notices can be
issued for certain offences under subsections 75B(1), 75C(1) and 75F(1), which are
to be inserted (by modification under clause 8) into the Northern Territory Liquor Act.

Amendments 1, 2 and 3 insert the word `ethyl' before `alcohol' in subsection 75C(7),
and substitute the word `liquor' for the current word `alcohol' in each of
subparagraphs 75C(7)(b)(i) and (ii).

These amendments clarify that supply liquor offences involving quantities of alcohol
greater than 1,350 millilitres are only intended to involve quantities of liquor with
greater than 1,350 millilitres of `ethyl' alcohol, or pure alcohol. This is consistent with
the definition of `liquor' in the Northern Territory Liquor Act, which is `a beverage that
contains more than 1.15% by volume of ethyl alcohol'. The change will make it clear
that the larger maximum penalty for supply offences under subsection 75C(1) is
applicable only where the amount of ethyl alcohol involved is greater than
1,350 millilitres.

Amendment 4 omits clause 11 and substitutes a new clause 11. The amendment
clarifies that offences under subsection 75B(1), subsection 75C(1) (provided the
offence does not involve a quantity of ethyl alcohol greater than 1,350 millilitres) and
subsection 75F(1) are police infringement offences. That is, Northern Territory
police will have the option of issuing an infringement notice to an offender in
appropriate circumstances, rather than requiring a prosecution to commence.

While the offences under subsections 75B(1) and 75C(1) contain relatively serious
maximum penalties of up to 100 penalty units or six months' imprisonment, there are
many and varied circumstances in which these offences can occur. For example,
the potential range of penalties will cater for first-time offenders through to serious
and repeat offenders. This means that there is a broad range of potential
consequences for an offence under subsection 75B(1), 75C(1) or 75F(1), and this is
appropriate, given the range of circumstances that may apply in a particular case.

The amendment should be read in the context of the Object of Part 2 to reduce
alcohol-related harm to Aboriginal people in the Northern Territory.

The amendment will also ensure that the prescribed infringement penalty amount
aligns with the equivalent infringement penalty for an offence under subsection 75(1)
in the Northern Territory Liquor Act.