{"id":"essential-goods-and-services-act-1981","name":"Essential Goods and Services Act 1981","slug":"essential-goods-and-services-act-1981","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30075,"registerId":"nt-essential-goods-and-services-act-1981-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Essential Goods and Services Act 1981","content":"NORTHERN TERRITORY OF AUSTRALIA\nESSENTIAL GOODS AND SERVICES ACT 1981\nAs in force at 10 February 2026\nTable of provisions\nPart I Preliminary\n1 Short title ......................................................................................... 1\n2 Interpretation ................................................................................... 1\n3 Application ....................................................................................... 2\n4 Crown to be bound .......................................................................... 2\nPart II Declaration of shortage\n5 Declaration of shortage ................................................................... 2\n6 Presentation of declaration to Legislative Assembly........................ 3\n7 Power of Minister ............................................................................. 3\n8 Protection of employment rights ...................................................... 4\n9 Certain proceedings not to be taken ................................................ 5\n10 Tabling of direction, &c. ................................................................... 5\nPart III Compensation\n11 Compensation ................................................................................. 5\nPart IV Miscellaneous\n12 Delegation ....................................................................................... 6\n13 Offences and penalties .................................................................... 6\n14 Certificate of evidence ..................................................................... 7\n15 Intimidation and threats ................................................................... 7\n16 Service............................................................................................. 7\n17 Appropriation ................................................................................... 8\n18 Regulations...................................................................................... 8\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 10 February 2026\n____________________\nESSENTIAL GOODS AND SERVICES ACT 1981\nAn Act to control and manage prescribed goods or services during\nperiods of shortage, and for related purposes\nPart I Preliminary\n1 Short title\nThis Act may be cited as the Essential Goods and Services\nAct 1981.\n2 Interpretation\n(1) In this Act, unless the contrary intention appears:\ncommunity means a group of persons identified by their presence\nin a geographical area or by common interest.\ndeclaration means a declaration under section 5(1) or (2).\ngoods means:\n(a) fuel, including fossil fuel derivatives and gases; or\n(c) any foodstuff or commodity required for the maintenance of\npublic health or a service, being a foodstuff or commodity\nprescribed under section 18 as goods for the purposes of this\nAct.\nnotice means a notice of a declaration.\nservice means:\n(a) any of the following services or facilities ordinarily available to\nthe public:\n(i) public transportation of persons or freight other than taxi-\ncab services, ridesharing services, limousine services\nand courtesy vehicle services;\n(ii) fire fighting services;\n\nPart II Declaration of shortage\nEssential Goods and Services Act 1981 2\n(iii) hospitals administered under the Medical Services\nAct 1982;\n(iv) electricity supplied by electricity entities (as defined in\nthe Electricity Reform Act 2000);\n(v) water supply;\n(vi) garbage collection, sanitary cleansing or sewerage; or\n(b) any other service or facility:\n(i) concerned with the maintenance of public health or a\npublic utility; or\n(ii) upon which a service listed in paragraph (a) or\nconcerned with the maintenance of public health or a\npublic utility depends for its maintenance or operation,\nbeing a service or facility prescribed under section 18 as\na service for the purposes of this Act.\n(2) A power of prohibition under this Act shall include a power to\nprohibit generally or with limitations as to place, time and subject-\nmatter and either absolutely or subject to specified conditions or\nrestrictions.\n3 Application\nIf a provision of another Act is inconsistent with this Act or a\ndeclaration, direction, prohibition or requisition made or given under\nthis Act, this Act or the declaration, direction, prohibition or\nrequisition so made or given shall prevail.\n4 Crown to be bound\nThis Act binds the Crown.\nPart II Declaration of shortage\n5 Declaration of shortage\n(1) The Administrator may, by notice in the Gazette, declare that a\nshortage exists in relation to goods or services specified in the\nnotice if the Administrator is satisfied that the provision, supply or\ndistribution of the goods or services is, or is likely to become, less\nthan is sufficient for the reasonable requirements of a community.\n(2) If a declaration is in force, including a declaration in force by virtue\nof this subsection, and the Administrator is satisfied that it is\n\nPart II Declaration of shortage\nEssential Goods and Services Act 1981 3\nnecessary for the declaration to continue for a greater period than\nthe period specified in the notice, the Administrator may, by notice\nin the Gazette, further declare that the shortage continues to exist.\n(3) A declaration has effect on and from the date specified in the\nnotice:\n(a) for one month; or\n(b) for such shorter period as is specified in the notice.\n6 Presentation of declaration to Legislative Assembly\nThe Minister must table a copy of a notice before the Legislative\nAssembly within 3 sitting days of the Assembly after its publication\nin the Gazette and the declaration may be revoked by resolution of\nthe Assembly.\n7 Power of Minister\n(1) If a declaration is in force, the Minister may take the action the\nMinister thinks fit to ensure that the goods or services specified in\nthe notice are available for use, and are used, in a manner best\ncalculated by the Minister to serve the interests of a community.\n(2) Without limiting the generality of subsection (1), the Minister may,\nby instrument in writing, in relation to goods or services specified in\na notice:\n(a) give the directions the Minister thinks fit to prohibit or promote\nthe sale, supply, distribution, use or consumption of the goods\nor services;\n(b) direct a person who extracts, produces, holds, transports,\ndistributes or provides the goods or services to extract the\ngoods or services for, or produce, transport, distribute or\nprovide the goods or services to, a person specified in the\ndirection and direct that person to accept those goods or\nservices;\n(c) direct a person who extracts, produces, holds, transports,\ndistributes or provides the goods or services to provide such\ninformation in relation to the goods or services as the Minister\nthinks fit;\n(d) in relation to services:\n(i) direct what services must be maintained and upon what\nterms and conditions they shall operate;\n\nPart II Declaration of shortage\nEssential Goods and Services Act 1981 4\n(ii) direct persons and bodies to operate and maintain\nservices to the extent and upon the terms specified in\nthe direction;\n(iii) direct at what times and places and upon what terms\nand conditions, and in what manner, services may be\nused or availed of;\n(iv) prohibit the operation or use of services except, if so\nspecified in the prohibition, with the consent of the\nMinister;\n(v) requisition the use of property of any kind which is used\nor may be used for or in connection with the operation or\nmaintenance of a service which, in the Minister's\nopinion, is an essential service; and\n(vi) provide for or control, by direction, prohibition or\nrequisition, the operation, use, disposal, distribution,\nstorage, repair, upkeep and maintenance of any property\nor commodity used or which may be used for or in\nconnection with a service which, in the Minister's\nopinion, is an essential service; and\n(e) provide, by direction, prohibition or requisition, for any matter\nor thing incidental to the carrying into effect of the powers\nreferred to in this section.\n8 Protection of employment rights\n(1) A person who, in complying with a direction, prohibition or\nrequisition under section 7, is absent from the person's usual place\nof employment, is not liable for dismissal, loss of long service leave,\nsick leave, recreation leave, or other benefits to which the person\nmay be entitled under the industrial award or other terms of service\napplicable to the person's usual employment by reason only of the\nperson's absence, whether the person's absence is with or without\nthe consent of the person's usual employer.\n(2) A person who, in complying with a direction, prohibition or\nrequisition under section 7, commences or continues in\nemployment whether with or without the consent of the person for\nwhom the work is done, is entitled to the benefits to which the\nperson would be entitled in the industrial award or other terms of\nservice applicable to that form of employment from the person for\nwhom the work is done.\n(3) Nothing in subsection (1) or (2) entitles a person to claim double\npayments or benefits for the same period of time, except if the\npayment or benefit is provided for by the direction, prohibition or\n\nPart III Compensation\nEssential Goods and Services Act 1981 5\nrequisition under section 7 in compliance with which the person is\nabsent from the person's usual place of employment or commences\nor continues in employment.\n9 Certain proceedings not to be taken\nNo civil or criminal action or proceedings shall lie or be brought\nagainst the Crown or a person acting in the execution or intended\nexecution of this Act, the Regulations or a direction, prohibition or\nrequisition under this Act, or purported to be under this Act, in\nrespect of anything done or omitted to be done in good faith by the\nperson under, or for the purposes of, this Act.\n10 Tabling of direction, &c.\nThe Minister must table a direction, prohibition or requisition under\nsection 7 before the Legislative Assembly within 3 sitting days of\nthe Assembly after it is made or given.\nPart III Compensation\n11 Compensation\n(1) Despite section 9, a person who:\n(a) complies with a direction, prohibition or requisition under\nsection 7 or is engaged in complying with or carrying into\neffect the direction, prohibition or requisition; and\n(b) suffers a loss, injury or damage resulting or arising from, or by\nreason of complying with the direction, prohibition or\nrequisition under section 7,\nis to be compensated by the Crown, on just terms, for the loss,\ninjury or damage so suffered.\n(2) If a person dies as a result of, or whilst engaged in, complying with\na direction, prohibition or requisition under section 7 and, but for the\nperson's death, the person would have had a right under subsection\n(1) to compensation from the Crown on just terms:\n(a) the person's death is deemed to be the result of a wrongful\nact; and\n(b) the person's right to compensation is deemed to be an action\nfor damages,\nfor the purposes of section 7(1) of the Compensation (Fatal Injuries)\nAct 1974.\n\nPart IV Miscellaneous\nEssential Goods and Services Act 1981 6\n(3) A person who has a right to compensation from the Crown on just\nterms, under subsection (1), may apply to the Supreme Court to\ndetermine the amount of compensation and the Supreme Court is\nto determine the amount accordingly.\nPart IV Miscellaneous\n12 Delegation\n(1) The Minister may, by instrument in writing, delegate to a person any\nof the Minister's powers and functions under this Act, other than this\npower of delegation.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, for the purposes of this Act, is taken\nto have been exercised or performed by the Minister.\n(3) A delegation under this section does not prevent the exercise of a\npower or the performance of a function by the Minister.\n13 Offences and penalties\n(1) A person must not contravene or fail to comply with a provision of,\nor a direction, prohibition or requisition under, this Act.\n(2) A person who contravenes or fails to comply with a provision of, or\na direction, prohibition or requisition under, this Act for which a\npenalty is not provided by this Act other than this section, is\npunishable, upon being found guilty, by a maximum penalty of:\n(a) in the case of an offence by an individual – 8 penalty units;\nand\n(b) in the case of an offence by a body corporate – 85 penalty\nunits.\n(3) A person who has been found guilty of contravening or failing to\ncomply with a provision of, or a direction, prohibition or requisition\nunder, this Act is guilty of a further offence against this Act if the\ncontravention or failure to comply continues after the person has\nbeen found guilty and, upon being found guilty of the further\noffence, is punishable by a maximum penalty of:\n(a) in the case of an offence by an individual – $50; and\n(b) in the case of an offence by a body corporate – 4 penalty\nunits,\nfor each day during which the offence continues.\n\nPart IV Miscellaneous\nEssential Goods and Services Act 1981 7\n(4) If an offence is committed by a person by reason of the person's\nfailure to comply with a provision of, or a direction, prohibition or\nrequisition under, this Act by or under which the person is required\nto do a thing within a particular period, that person commits a\nfurther offence referred to in subsection (3) while the failure to do\nthat thing continues, even if that that period has expired.\n(5) A prosecution for an offence against this Act must not be\ncommenced without the approval in writing of the Minister.\n14 Certificate of evidence\nIn proceedings for an offence against this Act, a certificate, signed\nby the Minister, certifying that a direction, prohibition or requisition\nunder section 7 specified in the certificate was served in\naccordance with section 16 on a person, and on a date, specified in\nthe certificate is prima facie evidence of the matter so certified.\n15 Intimidation and threats\nA person who, whilst a declaration has effect, by force, threats or\nintimidation, against whomsoever directed, interferes with or\nmolests another person in relation to work, goods or services\nprovided by, or with the assistance of, that other person, is guilty of\nan offence.\n16 Service\n(1) A person must not be found guilty of failing to comply with a\ndirection, prohibition or requisition under section 7 unless the\ndirection, prohibition or requisition, as the case may be, was served\non the person personally or by registered post or was published in\nthe Gazette.\n(2) As soon as practicable after the Minister publishes a direction,\nprohibition or requisition in the Gazette the Minister must take\nwhatever other steps the Minister considers reasonable in the\ncircumstances to ensure that the direction, prohibition or requisition\nis brought to the notice of the public.\n(3) Despite section 30(3) of the Criminal Code, a direction, prohibition\nor requisition published in the Gazette under subsection (1) is, at\nthe time of its publication:\n(a) if it is directed or addressed to a person or persons, be\ndeemed to be served personally on that person or those\npersons; and\n\nPart IV Miscellaneous\nEssential Goods and Services Act 1981 8\n(b) if it is directed or addressed to a body or association of\npersons or persons of a specified class, taken to have been\nserved personally on each person who is a member of that\nbody or association or class at that time.\n17 Appropriation\nWhere the Minister certifies that an amount of money is required to\nbe paid or provided for the purposes of this Act, the amount is to be\npaid from the public moneys of the Territory and the appropriation\nfor that purpose is established or increased by the extent\nnecessary.\n18 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters required or permitted by this Act to be\nprescribed, or necessary or convenient to be prescribed for carrying\nout or giving effect to this Act.\n(2) Without limiting the generality of subsection (1), the Administrator\nmay, in the Regulations:\n(a) prescribe goods or services as goods or services for the\npurposes of this Act;\n(b) prescribe the procedure for applying to the Supreme Court for\na determination under section 11(2); and\n(c) prescribe penalties, not exceeding a fine of 40 penalty units,\nfor offences against the Regulations.\n\nENDNOTES\nEssential Goods and Services Act 1981 9\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nEssential Goods and Services Act 1981 (Act No. 99, 1981)\nAssent date 21 December 1981\nCommenced 21 December 1981\nEssential Goods and Services Amendment Act 1986 (Act No. 26, 1986)\nAssent date 14 July 1986\nCommenced 6 August 1986 (Gaz G31, 6 August 1986, p 4)\nStatute Law Revision Act (No. 2) 1987 (Act No. 59, 1987)\nAssent date 31 December 1987\nCommenced 31 December 1987\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)\nand Gaz S15, 13 June 1996)\nStatute Law Revision Act 1999 (Act No. 27, 1999)\nAssent date 18 June 1999\nCommenced 18 June 1999\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nFinancial Management Amendment Act 2009 (Act No. 15, 2009)\nAssent date 18 June 2009\nCommenced 18 June 2009\nPenalties Amendment (Chief Minister's and Other Portfolios) Act 2011 (Act No. 27,\n2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\n\nENDNOTES\nEssential Goods and Services Act 1981 10\nPower and Water Corporation Legislation Amendment Act 2014 (Act No. 13, 2014)\nAssent date 13 May 2014\nCommenced 29 May 2014 (Gaz S29, 29 May 2014, p 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\nTrade, Business and Asian Relations Legislation Amendment (Streamlining Licensing\nSchemes and Other Matters) Act 2026 (Act No. 2, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 2, and 11.\n4 LIST OF AMENDMENTS\ns 2 amd No. 59, 1987, s 5; No. 4, 2007, s 7; No. 13, 2014, s 32; No. 2, 2026, s 26\ns 3 amd No. 4, 2023, s 23\nss 5 – 8 amd No. 4, 2023, s 23\nss 10 – 12 amd No. 4, 2023, s 23\ns 13 amd No. 17, 1996, s 6; No. 27, 2011, s 3; No. 8, 2016, s 45; No. 4, 2023, s 23\ns 16 amd No. 26, 1986, s 4; No. 17, 1996, s 6; No. 4, 2023, s 23\ns 17 amd No. 27, 1999, s 15; No. 15, 2009, s 16\ns 18 amd No. 27, 2011, s 3","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act’s scope has been amended multiple times since 1981. Amendments listed in the endnotes show changes to definitions (s2), declaration and ministerial powers (ss5–8), tabling and procedural sections (ss10–12), penalties (s13), service rules (s16), appropriation (s17) and regulation-making (s18). These legislative changes have updated and broadened operational provisions and delegated rule‑making authority."},"complexity_factors":["Broad ministerial discretion to direct, prohibit or requisition goods, services and property (s7)","Wide, partly open-ended definitions of \"goods\" and \"service\" that can be expanded by regulation (s2, s18(2)(a))","Short, renewable declarations with required tabling and possible Assembly revocation (s5, s6)","Compensation on \"just terms\" with access to the Supreme Court to determine amounts (s11(1)–(3))","Immunity for acts done in good faith but concurrent compensation entitlement creates dual legal regimes (s9 and s11)","Criminal and civil enforcement framework with specified penalties, continuing-offence daily penalties and ministerial approval to prosecute (s13, s13(3), s13(5))","Service and notice rules that treat Gazette publication as personal service in specified circumstances (s16(1)–(3))","Delegation power and appropriation mechanism enabling administrative implementation and funding (s12, s17)","Regulations power permitting prescription of additional goods/services, procedures and penalties (s18)"],"plain_english_summary":"The Act lets the Administrator declare shortages of prescribed goods or services and gives the Minister wide powers to direct, prohibit or requisition supply, distribution and use to manage availability. It overrides inconsistent laws and binds the Crown.\n\nIt affects suppliers, service operators, employers, workers and property owners who may be required to reallocate goods, labour or facilities. Losses from compliance are payable by the Crown on just terms; non‑compliance attracts penalties and limits civil claims, increasing administrative discretion and compliance costs."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of managing shortages of essential goods and services. The 2026 amendment (Streamlining Licensing Schemes Act) made minor technical updates to definitions (section 2) but did not expand the scope. The Act has not grown beyond its emergency management remit in the 45 years since enactment."},"complexity_factors":["Straightforward 18-section structure with clear Part divisions (Preliminary, Declaration of shortage, Compensation, Miscellaneous)","Only 9 defined terms in the interpretation section (section 2), with relatively simple definitions","Minimal cross-referencing – primarily internal references to sections 5, 7, 9, 11, and 16","Single nested condition in section 11(2) linking to the Compensation (Fatal Injuries) Act 1974","Some conditional logic in offence provisions (section 13) distinguishing between individuals and corporations, and between initial offences and continuing offences","Broad discretionary language ('thinks fit', 'reasonable requirements', 'just terms') that creates legal uncertainty but reduces technical complexity","No exceptions to exceptions; straightforward prohibition-compliance-penalty structure","Recent amendments (2023, 2026) show maintenance of currency but no structural complexity added"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's emergency powers law for when essential supplies or services run short. It gives the government sweeping authority to take control of critical resources during crises like fuel shortages, food supply disruptions, or breakdowns in electricity, water, or transport services.\n\n**Who it affects:**\n\n- **The general public** – anyone using essential services like electricity, water, public transport, hospitals, or fuel\n- **Businesses and suppliers** – companies that extract, produce, transport, or distribute fuel, food, or other essential commodities\n- **Workers** – employees who might be directed to work in different roles or locations during emergencies\n- **Property owners** – people whose vehicles, equipment, or facilities might be temporarily taken over (requisitioned) for essential services\n\n**How it works:**\n\n1. **Declaring an emergency**: The Administrator (the Territory's vice-regal representative) can officially declare a \"shortage\" if essential goods or services are running low. This lasts up to one month but can be extended. The Legislative Assembly can cancel the declaration.\n\n2. **Ministerial powers**: Once a shortage is declared, the Minister gains extraordinary powers to:\n   - **Direct** who gets priority access to scarce resources (like rationing fuel)\n   - **Prohibit** certain uses of goods or services\n   - **Requisition** private property for essential services (effectively borrowing or taking control of equipment, vehicles, or facilities)\n   - **Force** suppliers to provide goods or services to specific people or areas\n   - **Demand information** from businesses about their stocks and distribution\n\n3. **Worker protections**: If you're pulled away from your normal job to help with the emergency, you can't be sacked or lose leave entitlements. You also can't double-dip – claim two salaries for the same time period.\n\n4. **Compensation**: If you suffer loss, injury, or damage from complying with emergency directions (including if someone dies), the government must pay \"just terms\" compensation. Disputes go to the Supreme Court.\n\n5. **Legal protections**: People acting in good faith under this law can't be sued or prosecuted. However, it's a criminal offence to ignore directions (up to 8 penalty units for individuals, 85 for companies) or to intimidate workers providing essential services.\n\n**Why it matters:**\n\nThis is the NT's \"break glass in case of emergency\" legislation. It sits dormant until a crisis hits – whether that's a cyclone disrupting fuel supplies, a pandemic affecting food distribution, or infrastructure failure cutting power and water. It balances extraordinary government control with parliamentary oversight (declarations must be tabled) and compensation rights, but fundamentally prioritises community survival over normal commercial and property rights during shortages."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/essential-goods-and-services-act-1981","history":"/api/acts/essential-goods-and-services-act-1981/history","analysis":"/api/acts/essential-goods-and-services-act-1981/analysis","conflicts":"/api/acts/essential-goods-and-services-act-1981/conflicts","importantCases":"/api/acts/essential-goods-and-services-act-1981/important-cases","documents":"/api/acts/essential-goods-and-services-act-1981/documents"}}