A Bill for an Act to reduce alcohol‑related harm to vulnerable communities in the Northern Territory, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act is the Northern Territory Safe Measures Act 2023.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Act | A single day to be fixed by Proclamation. However, if the provisions 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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Simplified outline of this Act
4 Object of this Act
The object of this Act is to enable special measures to be taken to reduce alcohol‑related harm to vulnerable communities in the Northern Territory.
5 The Racial Discrimination Act is not affected
This Act does not affect the operation of the Racial Discrimination Act 1975.
6 Definitions
In this Act:
alcohol protected area means an area in the Northern Territory that is prescribed by rules made for the purposes of subsection 27(1).
business includes a business not carried on for profit.
business day means a day that is not a Saturday, a Sunday or a public holiday in the Northern Territory.
commencement means the day this Act commences.
licensed premises has the same meaning as in the NT Liquor Act.
liquor has the same meaning as in the NT Liquor Act.
modify includes add, omit and substitute.
nominated person: see subsection 24(2).
NT Licensing Commission means the Commission (within the meaning of the NT Liquor Act).
NT Liquor Act means the Liquor Act 2019 (NT).
Note: The reference to the Liquor Act 2019 (NT) is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.
NT liquor licence means a licence issued under Part 3 of the NT Liquor Act.
NT liquor permit means a permit issued under section 201 of the NT Liquor Act.
NT Liquor Regulations means the Liquor Regulations 2019 (NT).
Note: The reference to the Liquor Regulations 2019 (NT) is to be construed as a reference to those Regulations as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.
NT Minister means the Minister of the Northern Territory who is responsible for the administration of the NT Liquor Act.
premises includes any place (whether enclosed or built on or not) and, in particular, includes:
(a) a building, aircraft, vehicle or vessel; and
(b) any structure, whether a fixed structure or a moveable structure such as a tent, and whether on land or floating on any waters; and
(c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)).
rules means the rules made by the Minister under section 37.
Secretary means the Secretary of the Department.
Part 2—Tackling alcohol abuse
Division 1—Modification of the NT Liquor Act and NT Liquor Regulations in alcohol protected areas
7 Certain offences to apply in alcohol protected areas
(1) The NT Liquor Act applies, while this Act is in effect, as if:
(a) Division 1 of Part 8 of that Act were omitted; and
(b) the following Division were included as Division 1A of Part 8 of that Act (before Division 2 of that Part).
“Division 1A—Prohibitions in alcohol protected areas
“170D Preliminary
“(1) In this Division:
alcohol protected area has the same meaning as in the Northern Territory Safe Measures Act 2022 of the Commonwealth.
boat means any kind of vessel used in navigation by water.
Commonwealth Minister means the Commonwealth Minister responsible for the administration of the Northern Territory Safe Measures Act 2022 of the Commonwealth.
recreational activities does not include an activity the sole or primary purpose of which is the consumption of liquor.
supply includes supply by way of sale, exchange or gift.
“(2) Part IIAA of the Criminal Code applies to an offence against this Division.
“(3) This Division does not apply in relation to anything done in the normal course of the provision of a postal service (within the meaning of paragraph 51(v) of the Constitution of the Commonwealth).
“170E Possessing etc. liquor in alcohol protected areas
“(1) A person commits an offence if:
(a) the person:
(i) brings liquor into an area; or
(ii) has liquor in the person’s possession, or under the person’s control, in an area; or
(iii) consumes liquor in an area; and
(b) the area is an alcohol protected area.
Maximum penalty: 100 penalty units or imprisonment for 6 months.
“(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves, on the balance of probabilities, that, when the conduct referred to in subsection (1)(a) was engaged in:
(a) the defendant was in a boat that was on waters; and
(b) the defendant was engaged in recreational boating activities or commercial fishing activities.
“(3) The defence in subsection (2) is not available to the defendant if the prosecution proves, beyond reasonable doubt, that, when the conduct referred to in subsection (1)(a) was engaged in, the boat was on waters in an area that was covered by a declaration made by the Commonwealth Minister under section 170G(1).
“(4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves, on the balance of probabilities, that, when the conduct referred to in subsection (1)(a) was engaged in:
(a) the defendant was engaged in recreational activities; and
(b) the activities were organised by a person whose business consisted of or included operating tours for tourists; and
(c) if the alcohol protected area in which the conduct was engaged in is in a national park or a Northern Territory park—the activities were consistent with the management plan or similar document (if any) for the park; and
(d) if the conduct is conduct referred to in subsection (1)(a)(iii)—the defendant was behaving in a responsible manner.
“(5) It is a defence to a prosecution for an offence against subsection (1)(a)(i) or (ii) if the defendant proves, on the balance of probabilities, that, when the defendant engaged in the conduct referred to in that subparagraph, the defendant did so for the purposes of other people engaging in recreational activities covered by subsection (4).
“(6) The defence in subsection (4) or (5) is not available to the defendant if the prosecution proves, beyond reasonable doubt, that, when the conduct referred to in subsection (1)(a) was engaged in in the area, the area was not covered by a declaration made by the Commonwealth Minister under section 170G(2).
“(7) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves, on the balance of probabilities, that the conduct referred to in subsection (1)(a):
(a) occurred in an emergency; and
(b) was necessary to preserve life, prevent injury or to protect property.
“170F Supplying etc. liquor in alcohol protected areas
“(1) A person commits an offence if:
(a) the person:
(i) supplies liquor to a third person; or
(ii) transports liquor intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or
(iii) possesses liquor intending to supply any of it to a third person; and
(b) the third person is in an alcohol protected area.
Maximum penalty: 100 penalty units or imprisonment for 6 months.
“(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves, on the balance of probabilities, that, when the conduct referred to in subsection (1)(a) was engaged in:
(a) the defendant was in a boat that was on waters; and
(b) the defendant was engaged in recreational boating activities or commercial fishing activities; and
(c) the third person was in the same boat.
“(3) The defence in subsection (2) is not available to the defendant if the prosecution proves, beyond reasonable doubt, that, when the conduct referred to in subsection (1)(a) was engaged in, the boat was on waters in an area that was covered by a declaration made by the Commonwealth Minister under section 170G(1).
“(4) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves, on the balance of probabilities, that, when the conduct referred to in subsection (1)(a) was engaged in:
(a) the defendant and the third person were engaged in recreational activities; and
(b) the activities were organised by a person whose business consisted of or included operating tours for tourists; and
(c) if the alcohol protected area in which the conduct was engaged in is in a national park or a Northern Territory park—the activities were consistent with the management plan or similar document (if any) for the park.
“(5) It is a defence to a prosecution for an offence against subsection (1)(a)(ii) or (iii) if the defendant proves, on the balance of probabilities, that, when the defendant engaged in the conduct referred to in that subparagraph, the defendant did so for the purposes of other people engaging in recreational activities covered by subsection (4).
“(6) The defence in subsection (4) or (5) is not available to the defendant if the prosecution proves, beyond reasonable doubt, that, when the conduct referred to in subsection (1)(a) was engaged in in the area, the area was not covered by a declaration made by the Commonwealth Minister under section 170G(2).
“(7) If the quantity of ethyl alcohol involved in the commission of an offence against subsection (1) is greater than 1,350 ml:
(a) the maximum penalty for the offence is 680 penalty units or imprisonment for 18 months; and
(b) a person who engages in conduct specified in subsection (1)(a)(ii) or (iii) is taken to have done so:
(i) intending to supply the liquor; or
(ii) believing that another person intends to supply the liquor;
as the subparagraph requires, to a person in an alcohol protected area.
“(8) Paragraph (b) of subsection (7) does not apply in relation to a subparagraph mentioned in that paragraph if the person proves, on the balance of probabilities, that the person did not have the intention or belief required by that subparagraph.
“(9) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves, on the balance of probabilities, that the conduct referred to in subsection (1)(a):
(a) occurred in an emergency; and
(b) was necessary to preserve life, prevent injury or to protect property.
“170G Areas in which defences are, or are not, available
“(1) The Commonwealth Minister may declare that a specified area of waters in an alcohol protected area is an area in relation to which a defence under section 170E(2) or 170F(2) is not available.
“(2) The Commonwealth Minister may declare that a specified area of land or waters in an alcohol protected area is an area in relation to which a defence under section 170E(4), 170E(5), 170F(4) or 170F(5) is available.
“(3) A declaration under subsection (1) or (2) is a legislative instrument under the Legislation Act 2003 of the Commonwealth.
“170H Notices about defences
“While an area is declared under section 170G(1), the Commission may cause a notice stating that a defence under section 170E(2) or 170F(2) is not available in relation to the area:
(a) to be posted and to be kept posted at a place where a customary access route enters the area; and
(b) to be published in any manner the Commissioner considers appropriate.
“170J Offence relating to Commonwealth notices
“(1) A person commits an offence if the person:
(a) removes a notice posted under section 14(3) of the Northern Territory Safe Measures Act 2022 of the Commonwealth; or
(b) damages such a notice.
Maximum penalty: 5 penalty units.
“(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant proves, on the balance of probabilities, that the conduct was engaged in in the course of the person’s duties.”.
8 Alcohol protected areas treated as general restricted areas
(1) The NT Liquor Act (other than section 173 of that Act) applies, while this Act is in effect, as if each alcohol protected area were a general restricted area under that Act.
(2) Any amendment of a law of the Northern Territory, or any action taken under a law of the Northern Territory (whether the amendment commences, or the action is taken, before, on or after commencement):
(a) has no force or effect; and
(b) is taken never to have had any force or effect;
to the extent that it would otherwise have the effect of preventing the NT Liquor Act operating as if each alcohol protected area were a general restricted area under that Act.
9 Seizing vehicles
The NT Liquor Act applies, while this Act is in effect, as if the following section were included as section 244A of that Act (after section 244 of that Act).
“244A Seizing vehicles
“In deciding whether to seize a vehicle under section 244, an inspector must have regard to:
(a) whether the main use of the vehicle is for the benefit of a community as a whole; and
(b) the hardship that might be caused to the community if the vehicle were seized.”.
10 Modification of the NT Liquor Regulations
The NT Liquor Regulations apply, while this Act is in effect, as if:
(a) the following offences against the NT Liquor Act were infringement notice offences for the purposes of those Regulations:
(i) an offence against subsection 170E(1);
(ii) an offence against subsection 170F(1) if the quantity of the ethyl alcohol involved in the commission of the offence is 1,350 ml or less;
(iii) an offence against subsection 170J(1); and
(b) a reference in regulation 114(1) of those Regulations to an offence against a provision of the Act specified in Schedule 6, Part 1 included a reference to the offences mentioned in subparagraphs (a)(i), (ii) and (iii) of this section; and
(c) the prescribed amount for the purposes of those Regulations for an offence mentioned in those subparagraphs were the same as the prescribed amount for an offence against section 173(1) of the NT Liquor Act.
Note: Section 7 of this Act includes sections 170E, 170F and 170J into the NT Liquor Act.
Division 2—Modification of NT liquor licences and NT liquor permits in force in alcohol protected areas
11 Modification of NT liquor licences
(1) This section applies to a NT liquor licence that is in force in relation to premises in a particular alcohol protected area (whenever the licence was issued).
(2) The licence continues in force according to its terms, subject to the NT Liquor Act and this section.
(3) While this Act is in effect, the licence is subject to a condition that the licensee must not sell liquor for consumption away from the licensed premises unless the purchaser holds a NT liquor permit that is in force in the particular alcohol protected area.
(4) The Minister may, by written notice given to the licensee and the NT Licensing Commission, determine that the licence does not, from the day specified in the notice and for a period (if any) specified in the notice, authorise the sale of liquor, or the sale and consumption of liquor on, at, or away from, those premises.
Note: If the Minister proposes to make a determination under subsection (4), the procedure in section 13 must be followed first.
(5) The Minister may, by written notice given to the licensee and the NT Licensing Commission, determine that the conditions of the licence are varied in a way specified in the notice, from the day specified in the notice and for a period (if any) specified in the notice.
Note: If the Minister proposes to make a determination under subsection (5), the procedure in section 13 must be followed first.
(6) For the purposes of subsections (4) and (5), the day specified in the notice must be at least 14 days after the day the notice is given to the licensee.
(7) If a determination is made under subsection (4) or (5), then, while this Act is in effect, the NT Liquor Act and the licence apply accordingly.
12 Modification of NT liquor permits
(1) This section applies to a NT liquor permit that is in force in an alcohol protected area (whenever the permit was issued).
(2) The permit continues in force according to its terms, subject to the NT Liquor Act and this section.
(3) The Minister may, by written notice given to the permit holder and the NT Licensing Commission, determine that the permit does not authorise the permit holder to:
(a) bring liquor into; or
(b) have liquor in the permit holder’s possession or under the permit holder’s control within; or
(c) consume liquor within;
an alcohol protected area, from the day specified in the notice and for a period (if any) specified in the notice.
Note: If the Minister proposes to make a determination under subsection (3), the procedure in section 13 must be followed first.
(4) The Minister may, by written notice given to the permit holder and the NT Licensing Commission, determine that the conditions of the permit are varied in a way specified in the notice, from the day specified in the notice and for a period (if any) specified in the notice.
Note: If the Minister proposes to make a determination under subsection (4), the procedure in section 13 must be followed first.
(5) For the purposes of subsections (3) and (4), the day specified in the notice must be at least 14 days after the day the notice is given to the permit holder.
(6) If a determination is made under subsection (3) or (4), then, while this Act is in effect, the NT Liquor Act and the permit apply accordingly.
13 Procedure before making determination modifying NT liquor licence or permit
(1) Before making a determination under subsection 11(4), 11(5), 12(3) or 12(4) that modifies a NT liquor licence or NT liquor permit, the Minister must consult the NT Minister and the NT Licensing Commission about the proposed modification by giving them a written notice.
(2) The notice must:
(a) set out information about the proposed modification; and
(b) invite the NT Minister and the NT Licensing Commission to give written comments to the Minister about the proposed modification before the end of the consultation period in subsection (3).
(3) The consultation period is:
(a) the period specified in the notice, which must be at least 14 days after the day the notice is given; or
(b) if the Minister agrees in writing to a longer period—that longer period.
(4) When making a determination under subsection 11(4), 11(5), 12(3) or 12(4), the Minister must have regard to any written comments of the NT Minister and the NT Licensing Commission that are given to the Minister during the consultation period in subsection (3).
Division 3—Notices about alcohol offences in alcohol protected areas
14 Notices about alcohol offences in alcohol protected areas
(1) The NT Licensing Commission may determine that a notice:
(a) stating that it is an offence to bring liquor into, to be in possession or control of liquor, or to consume or sell liquor, within an area that is an alcohol protected area; and
(b) setting out any other information that the Commission considers appropriate;
should be posted at the following places:
(c) the place where a customary access route enters the area;
(d) the customary departure locations for aircraft flying into the area.
(2) The NT Licensing Commission must ensure that the wording of the notice is respectful to vulnerable people.
(3) If a determination under subsection (1) is in force, the Commission must cause the notice to be posted and kept posted at those places while the area is an alcohol protected area.
(4) The NT Licensing Commission may cause to be published, in any manner the Commission considers appropriate to inform people living in the area, a notice:
(a) describing the area; and
(b) stating that it is an offence to bring liquor into, to be in possession or control of liquor, or to consume or sell liquor, within the area; and
(c) setting out any other information that the Commission considers appropriate.
(5) Before making a determination under subsection (1), the NT Licensing Commission must:
(a) develop an engagement strategy to support consultation with people living in the area and relevant stakeholders; and
(b) consult people living in the area and relevant stakeholders on:
(i) the proposal to make the determination; and
(ii) the content and wording of the notice.
(6) When making a determination under subsection (1), the NT Licensing Commission must have regard to:
(a) any information that the Commission has that is relevant to exercising a power under subsection (1) in relation to the area (such as information about a high incidence of alcohol‑related crime in that area); and
(b) any advice given by the Australian Federal Police or the police force of the Northern Territory relating to the effect on enforcement in the area of the alcohol restrictions provided by this Part if the power under subsection (1) were or were not exercised; and
(c) the circumstances and views of people who are living in the area, to the extent that those circumstances and views relate to the determination; and
(d) any other matter the Commission considers relevant.
(7) The NT Licensing Commission may revoke a determination under subsection (1).
Division 4—Assessments of licensed premises
15 Assessments of licensed premises in the Northern Territory
(1) The Minister may make a request under subsection (2) in relation to particular licensed premises in the Northern Territory if:
(a) the Minister reasonably believes that the sale or consumption of liquor at or from the premises is causing substantial alcohol‑related harm to the community; and
(b) at least 28 days before giving the request, the Minister has notified the NT Minister that the Minister proposes to make the request in relation to the premises.
(2) The Minister may, by written notice, request the NT Minister to appoint an assessor (within the meaning of the NT Liquor Act) to conduct an assessment in relation to the premises:
(a) in accordance with the terms specified in the request; and
(b) within the period specified in the request.
(3) If the NT Minister receives a request under subsection (2), then:
(a) the NT Minister must appoint an assessor to conduct an assessment in relation to the premises in accordance with the terms, and within the period, specified in the request; and
(b) the assessor must:
(i) conduct an assessment in relation to the premises in accordance with the terms, and within the period, specified in the request; and
(ii) give the NT Minister a copy of the assessment; and
(c) the NT Minister must give the Minister a copy of the assessment as soon as practicable after receiving it from the assessor.
(4) However, subsection (3) does not apply if the NT Minister:
(a) declines the request on the grounds referred to in subsection (5); and
(b) complies with the requirements of subsection (6).
(5) The NT Minister may decline the request if the NT Minister reasonably believes that compliance with the request:
(a) would place an undue financial burden on the Northern Territory (including the NT Licensing Commission); or
(b) would otherwise be inappropriate.
(6) If the NT Minister declines the request under subsection (5), the NT Minister must, within 28 days of receiving the request:
(a) give the Minister a statement setting out the decision and the reasons for it; and
(b) publish the statement on the NT Minister’s website.
(7) If the Minister receives a statement from the NT Minister under subsection (6), the Minister may publish the statement on the Minister’s website.
Division 5—Alcohol management plans
Subdivision A—Approving alcohol management plans
16 Application for approval of an alcohol management plan
(1) A person or entity may apply for approval of an alcohol management plan by lodging a written application in accordance with this section.
Note: The plan must have been developed through a committee of relevant alcohol management experts and meet any other prescribed requirements: see subsection 17(3).
(2) An application under subsection (1) must:
(a) be in the form (if any) that is prescribed by the rules; and
(b) include the information (if any) that is prescribed by the rules; and
(c) be accompanied by the alcohol management plan; and
(d) be accompanied by other documents (if any) that are prescribed by the rules.
(3) The alcohol management plan must:
(a) be in the form (if any) that is prescribed by the rules; and
(b) include the information (if any) that is prescribed by the rules.
(4) An application under subsection (1) is lodged by being delivered:
(a) to a person apparently performing duties at a place that is prescribed by the rules; or
(b) in a manner, and to a place, that is prescribed by the rules; or
(c) to a person approved for the purpose by the Secretary.
17 Determination to approve or refuse plan
(1) If an application for approval of an alcohol management plan has been made under subsection 16(1), the Minister must make a determination whether to approve the plan.
Note: If the Minister proposes to refuse to approve the plan under subsection (1), the procedure in section 18 must be followed first.
(2) In making a determination under subsection (1), the Minister must have regard to:
(a) the object of this Act (see section 4); and
(b) any matter that is prescribed by the rules; and
(c) any other matter that the Minister considers relevant.
(3) The Minister must not approve a plan under subsection (1) unless the Minister is satisfied that the plan:
(a) has been developed through a committee of relevant alcohol management experts; and
(b) meets the requirements (if any) applying to alcohol management plans that are prescribed by the rules.
(4) The Minister may refuse to approve an alcohol management plan under subsection (1) if the applicant does not give the Minister sufficient documents, material or assistance to enable the Minister to make an informed decision.
(5) Subsection (4) does not limit the grounds on which the Minister may refuse to approve an alcohol management plan.
(6) The Minister is not required to make a determination under subsection (1) in relation to an application for approval of an alcohol management plan if the Minister is satisfied that:
(a) people living in the area covered by the plan have not been sufficiently consulted about the plan; or
(b) a majority of people living in the area covered by the plan do not support the plan.
(7) If the Minister makes a determination under subsection (6), the Minister must give written notice of the determination to the applicant. The notice must specify the reasons for the determination.
18 Procedure before refusing approval of plan
(1) If the Minister proposes to refuse to approve an alcohol management plan, the Minister must give written notice of the proposed refusal to the applicant.
(2) The notice must:
(a) specify the reasons for the proposed refusal; and
(b) invite written submissions from the applicant in relation to the matters specified in the notice; and
(c) specify that written submissions must be lodged during the period (the submission period) that is:
(i) the period specified in the notice; or
(ii) if the Minister agrees in writing to a longer period—that longer period; and
(d) specify the manner in which written submissions are to be lodged.
(3) For the purposes of subparagraph (2)(c)(i), the period specified in the notice must be at least 10 business days after the day the notice is given.
(4) The Minister must not refuse to approve an alcohol management plan unless:
(a) the applicant has been given a notice under subsection (1); and
(b) the Minister has considered any submissions received during the submission period.
19 Duration of approval of an alcohol management plan
An approval of an alcohol management plan is in force for the period:
(a) beginning on the day specified in the approval or, if no day is specified, the day the approval is granted; and
(b) ending on whichever of the following days occurs first:
(i) the day specified in the approval as the day the approval ceases to be in force;
(ii) the day the approval is revoked.
20 Notice of determination about whether plan approved
(1) If the Minister makes a determination under subsection 17(1) to approve an alcohol management plan, the Minister must give written notice of the decision to the applicant.
(2) If the Minister makes a determination under subsection 17(1) to refuse to approve an alcohol management plan, the Minister must give written notice of the decision to the applicant.
(3) A notice under subsection (2) must specify the reasons for the refusal.
Subdivision B—Variation and revocation of alcohol management plans
21 No variation of alcohol management plan without approval
An alcohol management plan in relation to which an approval is in force under subsection 17(1) must not be varied unless there is an approval for the variation in force under subsection 23(1).
22 Application for approval to vary alcohol management plan
(1) A person or entity may apply for approval of a variation of an alcohol management plan by lodging a written application in accordance with subsections (2) and (3).
(2) An application under subsection (1) must:
(a) be in the form (if any) that is prescribed by the rules; and
(b) include the information (if any) that is prescribed by the rules; and
(c) be accompanied by the documents (if any) that are prescribed by the rules.
(3) An application under subsection (1) is lodged by being delivered:
(a) to a person apparently performing duties at a place that is prescribed by the rules; or
(b) in a manner, and to a place, that is prescribed by the rules; or
(c) to a person approved for the purpose by the Secretary.
23 Approval of variation of alcohol management plan
(1) If an application for approval to vary an approved alcohol management plan has been made under subsection 22(1), the Minister must determine whether to approve the variation.
Note: If the Minister proposes to refuse to approve a variation of an alcohol management plan in accordance with the application, the procedure in section 25 must be followed first.
(2) When considering whether to approve a variation of an alcohol management plan under subsection (1), the Minister must have regard to:
(a) the object of this Act (see section 4); and
(b) any matter that is prescribed by the rules; and
(c) any other matter that the Minister considers relevant.
(3) The Minister may refuse to approve a variation of an alcohol management plan under subsection (1) if the applicant for the variation does not give the Minister sufficient documents, material or assistance to enable the Minister to make an informed decision.
(4) Subsection (3) does not limit the grounds on which the Minister may refuse to vary an alcohol management plan.
(5) If the Minister makes a determination under subsection (1), the Minister must give written notice of the determination to the applicant for the approval of the variation.
(6) If the Minister refuses to approve the variation, the notice under subsection (5) must specify the reasons for the refusal.
(7) A determination under subsection (1) takes effect on the day the notice under subsection (5) is given, or on a later day specified in the notice.
24 Revocation of approval of alcohol management plan
(1) The Minister may revoke an approval of an alcohol management plan if the Minister is satisfied that:
(a) the plan has not been complied with; or
(b) the plan is ineffective in achieving the object of this Act (see section 4); or
(c) the plan was varied without approval under subsection 23(1).
Note: If the Minister proposes to revoke an approval of an alcohol management plan under subsection (1), the procedure in section 25 must be followed first.
(2) If the Minister revokes an approval of an alcohol management plan under subsection (1), the Minister must give written notice of the revocation to the person or entity the Minister considers is the most appropriate to notify (the nominated person).
(3) A revocation takes effect on the day the notice under subsection (2) is given, or on a later day specified in the notice.
25 Procedure before refusing to approve variation or revoking approval
(1) If an application under subsection 22(1) has been made for approval to vary an alcohol management plan, and the Minister proposes to refuse to approve the variation, the Minister must give written notice of the proposed refusal to the applicant.
(2) If the Minister proposes to revoke an approval of an alcohol management plan under subsection 24(1), the Minister must give written notice of the proposed revocation to the nominated person.
(3) A notice under subsection (1) or (2) must:
(a) specify the reasons for the proposed refusal or revocation; and
(b) invite written submissions in relation to the matters specified in the notice; and
(c) specify that written submissions must be lodged during the period (the submission period) that is:
(i) the period specified in the notice; or
(ii) if the Minister agrees in writing to a longer period—that longer period; and
(d) specify the manner in which written submissions are to be lodged.
(4) For the purposes of subparagraph (3)(c)(i), the period specified in the notice must be at least 10 business days after the day the notice is given.
(5) The Minister must not refuse to approve a variation of an alcohol management plan under subsection 23(1), or revoke an approval of an alcohol management plan under subsection 24(1), unless:
(a) the applicant has been given a notice under subsection (1) or the nominated person has been given a notice under subsection (2); and
(b) the Minister has considered all written submissions received during the submission period.
Subdivision C—Community managed alcohol areas
26 Community managed alcohol areas
If the Minister approves an alcohol management plan under subsection 17(1), then the area covered by the plan is a community managed alcohol area.
Division 6—Alcohol protected areas
27 Rules prescribing the areas that are alcohol protected areas
Rules may prescribe alcohol protected area
(1) The rules may prescribe that an area in the Northern Territory is an alcohol protected area.
Rules may be revoked or varied
(2) The rules may revoke or vary a rule made for the purposes of subsection (1).
(3) If:
(a) the Minister approves an alcohol management plan under subsection 17(1); and
(b) a rule (the relevant rule) made for the purposes of subsection (1) prescribes that the whole or part of the area covered by the plan is an alcohol protected area;
then the Minister must consider making a rule for the purposes of subsection (2) that revokes or varies the relevant rule so that the area covered by the plan is no longer an alcohol protected area.
When rules may be made
(4) A rule may be made for the purposes of subsection (1):
(a) on the Minister’s own initiative; or
(b) following a request made to the Minister by, or on behalf of, a person who is ordinarily resident in the area to which the rules relate; or
(c) following a revocation of an approval of an alcohol management plan relating to the area under subsection 24(1); or
(d) following the cessation of an approval of an alcohol management plan in relation to the area (see section 19).
(5) A rule may be made for the purposes of subsection (2):
(a) on the Minister’s own initiative; or
(b) following a request made to the Minister by, or on behalf of, a person who is ordinarily resident in the area to which the rules relate; or
(c) following approval of an alcohol management plan relating to the area under subsection 17(1).
Community consultation
(6) Before making a rule for the purposes of subsection (1) or (2) in relation to an area, the Minister must ensure that:
(a) information setting out:
(i) the proposal to make the rule; and
(ii) an explanation, in summary form, of the consequences of the making of the rule;
has been made available in the area; and
(b) there is equitable consultation with vulnerable people living in the area (including both women and men) and relevant service providers; and
(c) people living in the area have been given a reasonable opportunity to make submissions to the Minister about:
(i) the proposal to make the rule; and
(ii) the consequences of the making of the rule; and
(iii) their circumstances, concerns and views, so far as they relate to the proposal.
Criteria for making rules
(7) In making a rule for the purposes of subsection (1) or (2) in relation to an area, the Minister must have regard to the following matters:
(a) the object of this Act (see section 4);
(b) the wellbeing of people living in the area;
(c) whether there is reason to believe that people living in the area have been the victims of alcohol‑related harm;
(d) the extent to which people living in the area have expressed their concerns about being at risk of alcohol‑related harm;
(e) the extent to which people living in the area have expressed the view that their wellbeing will be improved if this Part applies in relation to the area;
(f) whether there is an alcohol management plan that covers the area or part of the area (whether or not the plan is approved under Division 6);
(g) any submissions of the kind referred to in paragraph (6)(c);
(h) any other matter that the Minister considers relevant.
Effect of revocation or variation on things done etc. before
(8) If:
(a) a rule is made for the purposes of subsection (1) in relation to an area; and
(b) under subsection (2):
(i) the rule is revoked; or
(ii) the rule is varied so that the area is no longer an alcohol protected area;
then this Part continues to apply in relation to that area, after the revocation or variation takes effect, in relation to things done, or omitted to be done, before the revocation or variation takes effect.
Division 7—Other matters
28 NT Licensing Commission etc. to provide information
The NT Licensing Commission or the Director (within the meaning of the NT Liquor Act) must, if requested by the Minister to provide information relevant to the operation of this Part, take all reasonable steps to provide the information.
29 Modified NT Liquor Act and NT Liquor Regulations
(1) The NT Liquor Act and the NT Liquor Regulations apply, while this Act is in effect, subject to the modifications in this Part.
(2) The NT Liquor Act and the NT Liquor Regulations, as modified by this Part, apply as laws of the Northern Territory.
30 AAT review of determinations under this Part
Applications may be made to the Administrative Appeals Tribunal for review of the following determinations:
(a) a determination by the Minister under subsection 11(4) about what is not authorised by a NT licence;
(b) a determination by the Minister under subsection 11(5) about the conditions of a NT licence;
(c) a determination by the Minister under subsection 12(3) about what is not authorised by a NT permit;
(d) a determination by the Minister under subsection 12(4) about the conditions of a NT permit;
(e) a determination by the NT Licensing Commission under subsection 14(1) about posting a notice about alcohol offences in an alcohol protected area;
(f) a determination by the Minister under subsection 17(1) to refuse to approve an alcohol management plan;
(g) a determination by the Minister under subsection 17(6) to refuse to make a determination under subsection 17(1) in relation to an application for approval of an alcohol management plan;
(h) a determination by the Minister under subsection 23(1) to refuse to approve a variation of an alcohol management plan;
(i) a determination by the Minister under subsection 24(1) to revoke an approval of an alcohol management plan.
Part 3—Other matters
31 Delegation
(1) The Minister may, in writing, delegate any of the Minister’s functions or powers under this Act (other than under section 37) to:
(a) the Secretary of the Department; or
(b) an SES employee or acting SES employee in the Department.
(2) The Secretary may, in writing, delegate any of the Secretary’s functions or powers under this Act to an SES employee, or acting SES employee, in the Department.
32 References in Commonwealth or Northern Territory laws
(1) A reference in a law of the Commonwealth, or a law of the Northern Territory, to a law of the Northern Territory includes a reference to a law of the Northern Territory as modified by this Act.
(2) A reference in a law of the Commonwealth, or a law of the Northern Territory, to an offence against a law of the Northern Territory includes a reference to an offence against a law of the Northern Territory as modified by this Act.
(3) A reference in a law of the Commonwealth or a law of the Northern Territory to a law of the Commonwealth does not include a reference to a law of the Northern Territory as modified by this Act.
(4) A reference in a law of the Northern Territory to a particular law of the Northern Territory includes a reference to that law as modified by this Act.
33 Modification of Northern Territory laws
To the extent that this Act modifies an Act or regulations of the Northern Territory, the Interpretation Act 1978 (NT), and other Acts of the Northern Territory of general application, apply in relation to this Act.
34 Northern Territory (Self‑Government) Act
Section 49 of the Northern Territory (Self‑Government) Act 1978 does not apply in relation to the operation of this Act.
35 Compensation for acquisition of property
(1) Subsection 50(2) of the Northern Territory (Self‑Government) Act 1978 and section 7 of the NT Liquor Act do not apply in relation to any acquisition of property referred to in those provisions that occurs as a result of the operation of this Act.
(2) If the operation of this Act would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(3) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
36 Review by Senate Committee
(1) The Senate Community Affairs References Committee, or such other committee constituted under a resolution of the Senate, must conduct reviews under this section and report the findings of each review to the Senate.
Requirements for review
(2) A review under this section must consider the following:
(a) the effectiveness of this Act and the rules in reducing alcohol‑related harm to vulnerable communities in the Northern Territory;
(b) any barriers to the approval of alcohol management plans under this Act;
(c) whether the provisions of this Act remain necessary to reduce alcohol‑related harm to vulnerable communities in the Northern Territory, and in particular whether this Act should be repealed, having regard to the extent to which alcohol protected areas are community managed alcohol areas;
(d) whether any existing or proposed laws of the Northern Territory would provide sufficient protection against alcohol‑related harm in vulnerable communities in the Northern Territory, such that the provisions of this Act are no longer, or would no longer be, required;
(e) Commonwealth funding for services relevant to reducing alcohol‑related harm to vulnerable communities in the Northern Territory.
First review
(3) The first review under this section must be completed within 12 months after commencement.
Subsequent reviews
(4) Each subsequent review under this section must be completed within 3 years after the completion of the previous review.
Review if all areas community managed
(5) If, immediately after the Minister approves a particular alcohol management plan under section 17, all alcohol protected areas are community managed alcohol areas, a review under this section must be completed within 6 months of that approval.
When review is completed
(6) For the purposes of this section, a review is completed when the Committee’s findings of the review are reported to the Senate.
37 Rules
(1) The Minister may, by legislative instrument, make rules prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
Part 4—Transitional provisions
38 Transitioning alcohol protected areas
(1) If an area was an alcohol protected area under the Stronger Futures in the Northern Territory Act 2012 as in force immediately before 17 July 2022, then a rule prescribing the area as an alcohol protected area is taken to have been made, on commencement, for the purposes of subsection 27(1) of this Act.
(2) The rule referred to in subsection (1) of this section may be revoked or varied, after commencement, by a rule made for the purposes of subsection 27(2) of this Act.
39 Transitioning alcohol management plan approvals
(1) This section applies if:
(a) an approval of an alcohol management plan was in force under subsection 17(1) of the Stronger Futures in the Northern Territory Act 2012 immediately before 17 July 2022; and
(b) the approval, as in force at that time, did not specify a day occurring before the commencement of this Act as the day the approval ceases to be in force.
(2) An approval of the alcohol management plan, in the same terms as the approval mentioned in paragraph (1)(a), is taken to be in force on and after commencement for the purposes of subsection 17(1) of this Act.
(3) Subsection (2) of this section does not prevent:
(a) the approval being revoked; or
(b) the period for which the approval is in force ending under subparagraph 19(b)(i).