{"id":"liquor-act-2019","name":"Liquor Act 2019","slug":"liquor-act-2019","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30197,"registerId":"nt-liquor-act-2019-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Liquor Act 2019.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Purposes","content":"3 Purposes\n(1) The primary purpose of this Act is to minimise the harm associated\nwith the consumption of liquor in a way that recognises the public's\ninterest in the sale, supply, service, promotion and consumption of\nliquor.\n(2) The secondary purposes of this Act are:\n(a) to protect and enhance community amenity, social harmony\nand community wellbeing through the responsible sale,\nsupply, service, promotion and consumption of liquor; and\n(b) to regulate the sale, supply, service, promotion and\nconsumption of liquor in a way that contributes to the\nresponsible development of the liquor industry and associated\nbusinesses in the Territory; and\n(c) to facilitate the diversity of licensed premises and associated\nservices for the benefit of communities in the Territory; and\n(d) to regulate the sale, supply, service, promotion and\nconsumption of liquor in a way that stimulates the tourism and\nhospitality industries.\n\nLiquor Act 2019 2\n(3) To achieve its purposes this Act:\n(a) regulates the sale, supply, service, promotion and\nconsumption of liquor; and\n(b) prohibits certain products and activities in relation to the sale,\nsupply, service, promotion and consumption of liquor; and\n(c) provides for the appointment of persons to administer and\nenforce compliance with this Act; and\n(d) establishes offences and processes to enforce compliance\nwith this Act.\n(4) A person exercising a power or performing a function under this Act\nmust have regard to the primary and secondary purposes of this\nAct and must exercise the power and perform the function in a way\nconsistent with those purposes.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"4 Interpretation\n(1) In this Act:\nalcohol-related violence means the anti-social behaviour,\ndisorder, harm and violence referred to in section 132(1).\napproved form means a form approved by the Director of Liquor\nLicensing under section 317.\nassessor means an assessor appointed under section 12.\nauthority, for a licence, means an authority listed in section 47.\nbanned person, for Part 9, see section 208.\nbanning notice, for Part 9, see section 208.\nbanning offence, for Part 9, see section 208.\nChairperson means the Chairperson of the Commission.\nchild means a person who is under 18 years of age.\nCommission means the Northern Territory Liquor Commission\nestablished by section 5 of the Liquor Commission Act 2018.\ncommunity includes an individual member and a group of\nmembers of a community.\ncommunity alcohol plan, see section 170AD.\n\nLiquor Act 2019 3\ncommunity impact assessment guidelines means guidelines\nissued by the Minister under section 50.\ncomplaint, see section 160.\ncredit card, see section 39(5) of Schedule 2 to the Competition\nand Consumer Act 2010 (Cth).\ncustomer, for Part 11, Division 1, see section 249.\ndebit card, see section 39(6) of Schedule 2 to the Competition and\nConsumer Act 2010 (Cth).\ndecision notice, for a decision, means a written notice setting out\nthe matters required for a notice of decision under section 34 of the\nNorthern Territory Civil and Administrative Tribunal Act 2014.\nDirector means the Director of Liquor Licensing appointed under\nsection 9.\ndisciplinary action means action taken by the Commission under\nsection 165(2).\nemployee, of a licensee, means a person engaged by the licensee,\nwhether or not under a contract of employment, to perform work in\nrelation to the licence.\nenforceable undertaking means an undertaking referred to in\nsection 159.\nexcluded person, for Part 9, see section 208.\nexclusion order, for Part 9, see section 208.\nforfeiture offence means offence against the following sections:\n(a) section 45;\n(b) section 46;\n(c) section 173;\n(d) section 183;\n(e) section 294.\ngeneral restricted area means an area declared to be a general\nrestricted area under section 172.\nguardian, for Part 13, Division 5, see section 295.\n\nLiquor Act 2019 4\nharm minimisation audit, see section 149.\nhigh risk area, for Part 9, see section 208.\ninfringement notice means an infringement notice, within the\nmeaning of the Fines and Penalties (Recovery) Act 2001, issued\nunder the Regulations.\ninspector means an inspector appointed under section 16.\ninterstate retailer's licence means a licence issued under\nsection 44.\nintoxicated, see section 5.\nlicence means a licence required under section 42 or 44.\nlicensed premises means the premises licensed under this Act for\nthe sale, supply or service of liquor.\nlicensee means a person who holds a licence.\nliquor means a substance to which this Act applies under\nsection 6(1).\nliquor related offence, for Part 11, Division 1, see section 249.\nliquor product means the form in which liquor is sold to a retail\npurchaser, as identified by type, brand, name of producer, form of\npackaging and any other relevant characteristic.\nExamples for definition liquor product\n1 ZYX full-strength beer in cans.\n2 ZYX Shiraz wine in bottles, vintage year.\nlocal council means:\n(a) a local government council; or\n(b) a corporation performing the functions of a local government\ncouncil.\nlocal liquor accord means a written code of practice,\nmemorandum of understanding or other arrangement entered into\nby the Director and licensees under Part 6, Division 2.\nmaterial alteration means any alteration referred to in\nsection 95(1).\npermit means a permit granted under section 201.\n\nLiquor Act 2019 5\nPolice Force means the Police Force established by section 5(1) of\nthe Police Administration Act 1978.\npremises includes the following:\n(a) a building or part of a building;\n(b) a permanent or temporary structure on land;\n(c) land, whether or not there is a building on it;\n(d) a vessel, vehicle or aircraft.\nproduct label means a label on, or forming part of, a liquor product\nthat provides information about the alcohol content of the liquor.\nprohibited liquor, for a general restricted area or a special\nrestricted area, means liquor that is prohibited in that area.\npublic interest and community impact requirements means the\npublic interest and community impact requirements listed in\nsection 49.\nquarter means the 3-month period ending on the last day of March,\nJune, September or December in any year.\nregistered BYO server of liquor means a business registered\nunder Part 3, Division 2A.\nregistered complimentary server of liquor means a person\nregistered under Part 3, Division 2.\nregistered small community group means a group registered\nunder Part 3, Division 2B.\nrestricted premises means a place declared to be restricted\npremises under section 188.\nreviewable decision means a decision of the Commission that is\nreviewable by NTCAT under section 31.\nsell includes the following:\n(a) offer or expose for sale;\n(b) keep or have in possession for sale;\n(c) supply for, or in expectation of, a reward or benefit.\nspecial restricted area means an area declared to be a special\nrestricted area under section 182.\n\nLiquor Act 2019 6\nstandard drink, see section 5A.\nsupply means to supply without the expectation of a reward or\nbenefit.\nwholesale sale means the sale of liquor to a person for resale to a\nconsumer or retail purchaser.\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) Unless the contrary intention appears, a reference in this Act to an\nemployee of a licensee includes a person who provides services to\na licensee under a contract.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of intoxicated","content":"5 Meaning of intoxicated\nA person is to be taken to be intoxicated if:\n(a) the person's speech, balance, coordination or behaviour\nappears to be noticeably impaired; and\n(b) it is reasonable in the circumstances to believe the impairment\nresults from the person's consumption or use of liquor or a\ndrug.\n","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Meaning of standard drink","content":"5A Meaning of standard drink\nA standard drink is the volume of a liquor product that contains\n10 g of ethyl alcohol when measured at 20°C.\n","sortOrder":5},{"sectionNumber":"5B","sectionType":"section","heading":"Number of standard drinks in liquor products","content":"5B Number of standard drinks in liquor products\n(1) The number of standard drinks in a liquor product is calculated\naccording to the following formula:\nSD = V x ABV x 0.789\nwhere:\nSD = the number of standard drinks.\nV = volume of the liquor product in litres.\n\nLiquor Act 2019 7\nABV = the alcohol content of the liquor product, expressed as a\nnumber equal to the percentage of volume, as indicated\non the product label.\nNotes for subsection (1)\n1 The value 0.789 represents the specific gravity of ethyl alcohol.\n2 Some product labels will indicate the number of standard drinks contained in\nthe product container.\nExample for subsection (1)\nA 250 ml glass of wine from a bottle with the product label showing 6% alcohol\ncontent would contain 1.18 standard drinks: 0.25 x 6 x 0.789 = 1.18.\n(2) The number of standard drinks in a liquor product may be\ndetermined from its product label, without using the formula in\nsubsection (1), if the label:\n(a) indicates the number of standard drinks in the product; and\n(b) could reasonably be assumed to be in accordance with the\nAustralia New Zealand Food Standards Code made under the\nFood Standards Australia New Zealand Act 1991 (Cth).\n(3) If a liquor product is in a container without a product label that\ncomplies with subsection (2), the number of standard drinks in the\nproduct may be determined by reference to the compliant product\nlabel of an otherwise identical product.\n","sortOrder":6},{"sectionNumber":"5C","sectionType":"section","heading":"Cocktails and mixed beverages","content":"5C Cocktails and mixed beverages\nIf a liquor product consists of 2 or more other liquor products, the\nnumber of standard drinks in the product is the sum of the number\nof standard drinks in each component liquor product.\nExamples for section 5C\n1 A licensee offers a \"bundle\" consisting of 1 bottle of spirits and 12 cans of\nbeer. The number of standard drinks in the bundle is the sum of the number\nfor the spirits and each can of beer.\n2 A margarita cocktail comprises 40 ml tequila, 20 ml orange liqueur, lime juice,\nsalt and ice. Accordingly, the calculation of standard drinks is as follows:\n0.040 L tequila at 35% alcohol x 0.789 = 1.1 standard drinks\n0.020 L orange liqueur at 40% alcohol x 0.789 = 0.63 standard drinks\nlime juice, salt and ice – no alcohol content\ntotal standard drinks = 1.1 + 0.63 = 1.73 standard drinks.\n\nLiquor Act 2019 8\n","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Application","content":"6 Application\n(1) This Act applies in relation to the following substances (liquor):\n(a) a beverage or other substance intended to be ingested,\nwhether liquid, solid or gaseous, that contains more than\n1.15% of ethyl alcohol by volume;\n(b) a substance that is held out to be a beverage or ingestible\nsubstance specified in paragraph (a);\n(c) a substance prescribed by regulation as liquor.\n(2) This Act does not apply in relation to ethyl alcohol used as a\nmedicine or for medicinal purposes by, or under the direction of, a\nperson registered under the Health Practitioner Regulation National\nLaw to practise in the professions of medicine or pharmacy.\n(3) Despite subsection (1), Part 6, Division 5, applies to a substance\nthat:\n(a) contains more than 1.15% of ethyl alcohol by volume; and\n(b) is not intended to be ingested.\n(4) The following methods are to be used to determine the volume of\nethyl alcohol in a substance:\n(a) for liquids and solids – measurement is to be made at 20°C;\n(b) for gases or vapours – measurement is to be made while the\nsubstance is in a liquid state at the highest temperature at\nwhich it is a liquid.\n","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Acquisitions to be on just terms","content":"7 Acquisitions to be on just terms\nIf the operation of this Act would, apart from this section, result in\nan acquisition of property from a person otherwise than on just\nterms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n\nLiquor Act 2019 9\n","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Application of Criminal Code","content":"8 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 8\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Appointment","content":"9 Appointment\n(1) The Minister must, by instrument, appoint a person to be the\nDirector of Liquor Licensing.\n(2) The instrument appointing the Director must be published in the\nGazette.\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Powers and functions","content":"10 Powers and functions\n(1) The Director has the following functions:\n(a) to monitor compliance with this Act, conduct investigations\nand handle complaints and other matters;\n(b) to issue infringement notices and enforce this Act;\n(c) to participate in proceedings before the Liquor Commission in\nrelation to licences, authorities, local liquor accords,\ncomplaints and compliance;\n(d) to provide educational and informative materials to\nwholesalers, licensees and the public regarding the operation\nof this Act and compliance with its provisions;\n(e) to register wholesalers and complimentary servers of liquor\nand maintain the registers for them and licensees under\nsections 34, 40 and 64;\n(f) to supervise inspectors and the performance of their functions;\n(g) any other functions conferred on the Director under this or any\nother Act.\n\nLiquor Act 2019 10\n(2) The Director has the powers necessary to perform the Director's\nfunctions.\n(3) The Director has the same powers as an inspector.\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Delegation","content":"11 Delegation\n(1) Subject to subsection (3), the Director may delegate any of the\nDirector's powers and functions under this Act to a public sector\nemployee with the qualifications or experience appropriate to\nexercise the power or perform the function.\n(2) The Director's powers and functions related to permits may also be\ndelegated to one or more of the following:\n(a) the chief executive officer of a local council;\n(b) a police officer who:\n(i) is in charge of a police station; or\n(ii) is of or above the rank of Senior Sergeant.\n(3) The review of a decision of the Director's delegate cannot be\ndelegated.\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Appointment","content":"12 Appointment\n(1) The Minister may, in writing, appoint a person to be an assessor\n(2) An assessor has the following functions:\n(a) to advise the Director, on request, regarding the administration\nand operation of this Act;\n(b) to perform any other functions required in the assessor's\nappointment.\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Terms of appointment","content":"13 Terms of appointment\nAn assessor holds office for the period specified in the assessor's\nappointment.\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Conditions of appointment","content":"14 Conditions of appointment\nAn assessor holds office on the conditions, including remuneration\nand expenses determined by the Administrator.\n\nLiquor Act 2019 11\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Conflicts of interest","content":"15 Conflicts of interest\n(1) An assessor must disclose any personal interest the assessor has\nin any matter in which the assessor is giving or was requested to\ngive advice.\n(2) The disclosure must be made to the Director and the Minister and\ninclude:\n(a) the nature and extent of the personal interest; and\n(b) how the personal interest relates to the matter referred to in\n(3) If an assessor has a personal interest in a matter, the assessor\nmust not give advice in relation to the matter without the written\napproval of the Minister.\n(4) For this section, an assessor has a personal interest in a matter if\nthe assessor:\n(a) has a direct or indirect financial interest in the matter; or\n(b) has a personal, professional, commercial or other relationship\nwith a person or entity and the nature of the relationship is\nlikely to, or may reasonably be regarded as likely to, inhibit or\nprevent the assessor from exercising independent judgment\nabout the matter.\n(5) Despite subsection (4), an assessor is not considered to have a\npersonal interest if it is an interest shared with the public generally\nor a section of the public.\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Appointment","content":"16 Appointment\n(1) The Minister may, in writing, appoint a person to be an inspector\n(2) An inspector must perform the duties required by this Act and any\nother duties assigned by the Director.\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Identity card","content":"17 Identity card\n(1) The Director must give an inspector an identity card stating the\nperson's name and that the person is an inspector.\n\nLiquor Act 2019 12\n(2) The identity card must:\n(a) show a recent photograph of the inspector; and\n(b) show the card's date of issue and expiry; and\n(c) be signed by the inspector.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Return of identity card","content":"18 Return of identity card\n(1) A person who ceases to be an inspector must return the person's\nidentity card to the Director within 21 days after the cessation.\nsubsection (1) if the person has a reasonable excuse.\n","sortOrder":20},{"sectionNumber":"18A","sectionType":"section","heading":"Officers under other Acts who may exercise certain powers of","content":"18A Officers under other Acts who may exercise certain powers of\ninspectors\n(1) The Minister may, by Gazette notice, specify a class of persons\nappointed under another Act for the purposes of subsection (2).\n(2) A person who is a member of a class of persons specified in a\nGazette notice under subsection (1) is taken to be an inspector for\nthe purposes of the following provisions:\n(a) each other provision of this Division;\n(b) section 25;\n(c) section 154;\n(d) section 236(1);\n(e) section 243(1)(a), (2) to (4), (5)(a) and (b) and (6);\n(f) sections 264 and 265;\n(g) section 305.\n(3) A Gazette notice under subsection (1) may limit the exercise of a\npower or performance of a function referred to in subsection (2) by\na particular class of appointees, as specified in the notice.\n\nLiquor Act 2019 13\n(4) A person who is taken to be an inspector under this section must\nnot exercise a power or perform a function referred to in\nsubsection (2) unless the person is wearing body-worn video.\nbody-worn video means equipment worn on the body of a person\nthat is capable of recording visual images or sound or both.\n","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Commission decisions","content":"19 Commission decisions\nThe Commission is responsible for deciding the following matters:\n(a) an application to issue a licence or an authority;\n(b) an application to vary the conditions of a licence or an\n(c) an application to substitute other premises for the licensed\n(d) an application to approve a material alteration to licensed\n(e) an application to authorise the transfer of a licence;\n(f) taking disciplinary action;\n(g) any other matter the Director refers to the Commission.\n","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Codes of practice","content":"20 Codes of practice\n(1) The Commission may establish codes of practice to regulate the\nfollowing matters:\n(a) the advertising and promotion of liquor by licensees;\n(b) the conduct of business under a licence or an authority;\n(c) the operation of licensed premises;\n(d) the management of customers, purchasers and patrons by\nlicensees, including the management of their safety;\n(e) the establishment of ethical standards and practices for\nlicensees.\n(2) The Commission must publish any code of practice it establishes in\nthe way the Commission considers appropriate.\n\nLiquor Act 2019 14\n(3) It is a condition of a licence that the licensee comply with the\nprovisions of any code of practice established and published by the\n","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Commission hearings","content":"21 Commission hearings\n(1) The Commission may conduct a hearing in relation to any matter on\nwhich it is to make a decision under this Act.\n(2) Any hearing conducted by the Commission under this Act must be\nconducted in public unless the Commission is of the opinion that it\nis not appropriate in the circumstances, because:\n(a) a public hearing is likely to cause undue hardship to a person;\nor\n(b) commercial-in-confidence information must be protected; or\n(c) the matter is not controversial; or\n(d) conducting the hearing in public would not be worthwhile.\n(3) If the Commission is of the opinion that a public hearing is not\nappropriate in the circumstances, the Commission may direct that\nthe hearing, or part of the hearing, be conducted in private or by\nway of written submissions only.\n","sortOrder":24},{"sectionNumber":"22","sectionType":"section","heading":"Appearance at hearings","content":"22 Appearance at hearings\n(1) The following persons and bodies may appear at a hearing\nconducted by the Commission regarding a matter referred to in\nsection 19(a), (b), (c), (d) or (e):\n(a) the applicant;\n(b) a person who or a body that lodged an objection in\naccordance with section 61;\n(c) a person who or a body that has not lodged a valid objection\nin accordance with section 61 but who is granted leave by the\nCommission to appear;\n(d) any other person requested by the Commission under\nsection 314 or under section 22 of the Liquor Commission\nAct 2018 to give specified information or documents to the\nCommission in relation to the matter.\n\nLiquor Act 2019 15\n(2) The following may appear at a hearing conducted by the\nCommission regarding a matter referred to in section 19(f):\n(b) any employee of the licensee involved in the matter;\n(c) any complainant involved in the matter;\n(d) the Director;\n(e) any other person requested by the Commission under\nsection 314 or the Liquor Commission Act 2018 to give\nspecified information or documents to the Commission in\nrelation to the matter.\n","sortOrder":25},{"sectionNumber":"23","sectionType":"section","heading":"Procedure for hearings","content":"23 Procedure for hearings\n(1) The Chairperson must:\n(a) fix the time and place for any hearing to be conducted by the\nCommission; and\n(b) give notice of the time and place for the hearing to the parties.\n(2) In conducting the hearing, the Commission may:\n(a) require a person appearing before it to give evidence on oath\nor affirmation; and\n(b) require a party to provide copies of any relevant document to\nany other party; and\n(c) determine which documents of the Commission or the Director\nare to be provided to the parties; and\n(d) conduct the hearing, or part of the hearing, by use of\ntelephone or online facilities; and\n(e) adjourn the hearing from time to time and to another place.\n(3) The Commission is not bound by the rules of evidence and may\ninform itself in any manner it considers appropriate.\n(4) All parties to the hearing must have an opportunity to be heard in\naccordance with the rules and procedures of the Commission.\n(5) A party may be represented at the hearing by another person.\n\nLiquor Act 2019 16\n(6) The Commission may make rules and procedures for the conduct\nof its hearings and all parties must, during the hearing, comply with\nthose rules and procedures.\n","sortOrder":26},{"sectionNumber":"24","sectionType":"section","heading":"Protection at hearing","content":"24 Protection at hearing\n(1) A legal practitioner representing a party at a hearing conducted by\nthe Commission has the same protection and immunity as a legal\npractitioner appearing in a proceeding in the Supreme Court.\n(2) A witness who gives evidence at a hearing conducted by the\nCommission has the same protection as a witness giving evidence\nin a proceeding in the Supreme Court.\n","sortOrder":27},{"sectionNumber":"25","sectionType":"section","heading":"Protection from liability","content":"25 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function under this Act as any of the following:\n(a) a member of the Commission;\n(b) the Director;\n(c) an inspector;\n(d) an assessor;\n(e) a police officer.\n(2) Subsection (1)(e) is subject to Part VIIA of the Police Administration\nAct 1978 and only affects a police officer's civil liability.\n(3) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nexercise of a power includes the purported exercise of the power.\nperformance of a function includes the purported performance of\nthe function.\n\nLiquor Act 2019 17\n","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Notice of delegate decision","content":"26 Notice of delegate decision\n(1) As soon as practicable after making a decision, a delegate of the\nDirector must give a written notice of the decision to the person\n(affected person) referred to in section 27(1).\n(2) The notice must state the following:\n(a) the delegate's decision and the reasons for it;\n(b) the affected person's right to apply for a review of the decision\nunder section 27;\n(c) the period allowed for applying for a review.\n","sortOrder":29},{"sectionNumber":"27","sectionType":"section","heading":"Application for review","content":"27 Application for review\n(1) The following persons may apply to the Director for a review of a\ndecision made by the Director's delegate:\n(a) in the case of a decision regarding a licensee or a licensee's\nlicence, authority or licensed premises – the licensee;\n(b) in the case of a decision regarding an application – the\napplicant;\n(c) in the case of a submission, complaint or objection that was\nthe subject of a decision – the person who made the\nsubmission, complaint or objection.\n(2) The application for review must be lodged with the Director:\n(a) within 28 days after written notice of the decision is given to\nthe person; or\n(b) any later date allowed by the Director.\n(3) The application must:\n(a) be in the form approved by the Director; and\n(b) state the grounds for the review and the facts relied on to\nestablish the grounds.\n","sortOrder":30},{"sectionNumber":"28","sectionType":"section","heading":"Effect of application for review","content":"28 Effect of application for review\n(1) An application for review does not stay the operation of the\ndelegate's decision.\n\nLiquor Act 2019 18\n(2) Despite subsection (1), the Director may stay the operation of the\ndelegate's decision pending completion of the review.\n(3) The Director may reject an application for review if satisfied:\n(a) the application is frivolous or vexatious; or\n(b) no grounds exist for the application.\n","sortOrder":31},{"sectionNumber":"29","sectionType":"section","heading":"Reviewing delegate's decision","content":"29 Reviewing delegate's decision\n(1) Unless the application is rejected under section 28(3), the Director\nmust review the delegate's decision within 28 days after the\napplication is lodged.\n(2) In reviewing the delegate's decision, the Director must:\n(a) take into account any matter that was required when the\ndecision was made; and\n(b) follow the procedures for review determined by the Director;\nand\n(c) comply with the rules of natural justice.\n(3) After reviewing the delegate decision, the Director must:\n(a) affirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute a new decision.\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Decision notice","content":"30 Decision notice\nAs soon as practicable after making a decision under section 29,\nthe Director must give a decision notice to the following persons:\n(a) the applicant for the review;\n(b) each person listed in section 27(1) who had a right to apply for\na review of the decision.\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Review by NTCAT","content":"31 Review by NTCAT\n(1) Any decision of the Commission for which a decision notice is\nrequired under this Act is reviewable by NTCAT.\n\nLiquor Act 2019 19\n(2) The following persons may apply to NTCAT for a review of the\ndecision:\n(a) in all cases – the Director;\n(b) in the case of a decision regarding a licensee or a licensee's\nlicence, authority or licensed premises – the licensee;\n(c) in the case of a decision regarding an application – the\napplicant;\n(d) in the case of a submission, complaint or objection that was\nthe subject of a decision – the person who made the\nsubmission, complaint or objection;\n(e) in the case of a decision of the Commission under Part 4 of\nthe Liquor Commission Act 2018 – a person referred to in\nsection 29(2) of that Act.\n(3) The Liquor Commission Act 2018 and this Act are both relevant\nActs for the Northern Territory Civil and Administrative Tribunal\nAct 2014 for the purposes of a review of a decision under the Liquor\nCommission Act 2018.\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"Registration of wholesaler","content":"32 Registration of wholesaler\nA person must not wholesale sell liquor for delivery to a person in\nthe Territory unless the person is registered as a wholesaler of\nliquor under section 33.\n","sortOrder":35},{"sectionNumber":"33","sectionType":"section","heading":"Application for registration","content":"33 Application for registration\nas a wholesaler of liquor.\n(2) A licensee is eligible to be registered as a wholesaler under this\nsection.\n(3) A wholesaler may be registered for a period of 1 year, 3 years or\n5 years.\n\nLiquor Act 2019 20\n(b) specify the desired registration period; and\n(c) be accompanied by the prescribed fee.\n(6) After considering the application, the Director must decide whether\nto:\n(a) register the applicant as a wholesaler, with or without\nconditions; or\n(b) refuse to register the applicant.\n(8) A wholesaler's registration starts on the date of registration and\nends on the expiry of the registration period.\n(9) A wholesaler's registration may be renewed by making a new\napplication for registration.\n","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Register of wholesalers","content":"34 Register of wholesalers\nThe Director must keep a register of wholesalers that includes the\n(a) the name and address of the wholesaler;\n(b) the date the wholesaler was registered;\n(c) the period of registration for the wholesaler.\n","sortOrder":37},{"sectionNumber":"35","sectionType":"section","heading":"Unauthorised wholesaler","content":"35 Unauthorised wholesaler\nA person commits an offence if:\n(a) the person intentionally sells liquor to a person; and\n(b) the sale is a wholesale sale; and\n(c) the person is not:\n(i) registered as a wholesaler of liquor under section 33; or\n(ii) a licensee with a wholesaler's authority; and\n\nLiquor Act 2019 21\n(d) the person is reckless in relation to the circumstance specified\nin paragraphs (b) and (c).\nMaximum penalty: 250 penalty units or imprisonment for\n","sortOrder":38},{"sectionNumber":"36","sectionType":"section","heading":"Keeping records of liquor sales","content":"36 Keeping records of liquor sales\n(1) A registered wholesaler must, in accordance with the regulations,\nkeep a written record of information prescribed by regulation in\nrelation to the wholesaler's sales of liquor in the Territory.\n(2) A registered wholesaler must retain each record for at least 3 years,\nunless exempted by the Director.\n(3) A registered wholesaler commits an offence if the wholesaler\ncontravenes subsection (1) or (2).\n","sortOrder":39},{"sectionNumber":"37","sectionType":"section","heading":"Wholesaler's quarterly return","content":"37 Wholesaler's quarterly return\n(1) Within 28 days after the end of each quarter, a registered\nwholesaler must lodge with the Director a return for that quarter in\naccordance with subsection (2).\n(2) The return must:\n(b) provide the information prescribed by regulation about all\nsales of liquor made by the registered wholesaler during the\nquarter.\n(3) A registered wholesaler commits an offence if the registered\nwholesaler contravenes subsection (1) or (2).\n","sortOrder":40},{"sectionNumber":"38","sectionType":"section","heading":"Registration of complimentary servers of liquor","content":"38 Registration of complimentary servers of liquor\nA person operating a business may serve not more than\n2 complimentary standard drinks in a day to a customer if the\nperson is registered under this Division.\n\nLiquor Act 2019 22\n","sortOrder":41},{"sectionNumber":"39","sectionType":"section","heading":"Application for registration","content":"39 Application for registration\nof the person's business as a complimentary server of liquor.\n(2) The following persons are not eligible to have their business\nregistered as a complimentary server of liquor under this section:\n(a) a licensee;\n(b) a person who operates a business that primarily sells food or\nbeverages;\n(c) a person under 18 years of age.\n(3) A person's business may be registered under this Division for a\nperiod of 1 year, 5 years or 10 years.\n(b) describe the nature of the business to be registered; and\n(c) specify the desired registration period; and\n(d) be accompanied by the prescribed fee.\n(6) After considering the application and the purposes of this Act, the\n(a) register the applicant's business, with or without conditions; or\n(b) refuse to register the applicant's business.\n(8) The registration of a business under this Division starts on the date\nof registration and ends on the expiry of the registration period.\n(9) A registration of a business under this Division may be renewed by\nmaking a new application for registration.\n\nLiquor Act 2019 23\n","sortOrder":42},{"sectionNumber":"40","sectionType":"section","heading":"Register of complimentary suppliers","content":"40 Register of complimentary suppliers\nThe Director must keep a register of registered complimentary\nservers of liquor that includes the following information:\n(a) the name and address of the person operating the business;\n(b) the nature of the person's business;\n(c) the date the business was registered;\n(d) the period of registration for the business.\n","sortOrder":43},{"sectionNumber":"41","sectionType":"section","heading":"Registration certificate","content":"41 Registration certificate\ncomplimentary server of liquor.\n(2) The registration certificate must include:\n(a) the information specified in section 40; and\n(b) a statement that the registered business is entitled to serve no\nmore than 2 complimentary standard drinks in a day to a\ncustomer.\n(3) A registered complimentary server of liquor must produce the\nregistration certificate when requested by an inspector or a police\nofficer.\n","sortOrder":44},{"sectionNumber":"41A","sectionType":"section","heading":"Registration of BYO servers of liquor","content":"41A Registration of BYO servers of liquor\nA business that is registered under this Division must not serve any\nliquor to a patron unless:\n(a) the liquor was brought to the premises by the patron or a\nmember of the party of patrons of which the patron is a\nmember; and\n(b) the liquor is served for consumption with food served by the\nbusiness.\nNote for section 41A\nA business that has a licence with an authority is not required to register under\nthis Division to also serve liquor brought to the premises on a BYO basis.\n\nLiquor Act 2019 24\n","sortOrder":45},{"sectionNumber":"41B","sectionType":"section","heading":"Application for registration","content":"41B Application for registration\nof the person's business as a BYO server of liquor.\n(2) A person's business may be registered under this Division for a\nperiod of 3 years.\n(3) The application must:\n(b) describe the nature of the business to be registered; and\n(c) be accompanied by the prescribed fee (if any).\n(4) The Director may require an applicant to provide documents,\n(5) After considering the application and the purposes of this Act, the\n(a) register the applicant's business, with or without conditions; or\n(b) refuse to register the applicant's business.\n(6) The Director must not register the applicant's business unless the\nDirector is satisfied that:\n(a) in the case of an individual applicant, the person is of or above\n18 years of age; and\n(b) the applicant is not disqualified from holding a licence; and\n(c) the applicant holds a certificate under section 137; and\n(d) the applicant is able to exercise effective control over the\nconsumption of liquor; and\n(e) the applicant is otherwise suitable to hold a registration.\nsubsection (5), the Director must give a decision notice to the\n(8) The registration of a business under this Division starts on the date\nof registration and ends on the expiry of the registration period.\n(9) A registration of a business under this Division may be renewed by\nmaking a new application for registration.\n\nLiquor Act 2019 25\n","sortOrder":46},{"sectionNumber":"41C","sectionType":"section","heading":"Register of BYO servers of liquor","content":"41C Register of BYO servers of liquor\nThe Director must keep a register of registered BYO servers of\nliquor that includes the following information:\n(a) the name and address of the person operating the registered\nbusiness;\n(b) the nature of the person's business;\n(c) the date the business was registered;\n(d) the period of registration for the business.\n","sortOrder":47},{"sectionNumber":"41D","sectionType":"section","heading":"Registration certificate","content":"41D Registration certificate\nBYO server of liquor.\n(2) The registration certificate must include the information specified in\nsection 41C.\n(3) A registered BYO server of liquor must produce the registration\ncertificate when requested by an inspector or a police officer.\n","sortOrder":48},{"sectionNumber":"41E","sectionType":"section","heading":"Registration of small community groups","content":"41E Registration of small community groups\nA small community group registered under this Division must not:\n(a) serve liquor for more than 4 hours per week; or\n(b) serve liquor to be consumed anywhere other than the\npremises on which the liquor is served.\n","sortOrder":49},{"sectionNumber":"41F","sectionType":"section","heading":"Application for registration","content":"41F Application for registration\n(1) A person responsible for operating a small community group\nconsisting of no more than 100 members may lodge with the\nDirector an application for registration under this Division.\n(2) A small community group is not eligible to be registered under this\nDivision if:\n(a) any of the persons responsible for operating the group is a\nlicensee; or\n(b) the small community group primarily supplies liquor.\n\nLiquor Act 2019 26\n(3) A small community group may be registered under this Division for\na period of 3 years.\n(b) describe the nature of the group to be registered; and\n(c) be accompanied by the prescribed fee (if any).\n(6) After considering the application and the purposes of this Act, the\n(a) register the small community group, with or without conditions;\nor\n(b) refuse to register the small community group.\n(7) The Director must not register the small community group unless\nthe Director is satisfied that:\n(a) each person responsible for operating the group:\n(i) is of or above 18 years of age; and\n(ii) is not disqualified from holding a licence; and\n(iii) is otherwise suitable to hold a registration; and\n(b) at least one person responsible for operating the group holds\na certificate under section 137.\n(8) As soon as practicable after making a decision under\n(9) The registration under this Division starts on the date of registration\nand ends on the expiry of the registration period.\n(10) A registration under this Division may be renewed by making a new\napplication for registration.\n\nLiquor Act 2019 27\n","sortOrder":50},{"sectionNumber":"41G","sectionType":"section","heading":"Register of registered small community groups","content":"41G Register of registered small community groups\nThe Director must keep a register of registered small community\ngroups that includes the following information:\n(a) the name and address of the persons responsible for\noperating the group;\n(b) the nature of the group;\n(c) the date the group was registered;\n(d) the period of registration for the group.\n","sortOrder":51},{"sectionNumber":"41H","sectionType":"section","heading":"Registration certificate","content":"41H Registration certificate\nsmall community group.\n(2) The registration certificate must include the information specified in\nsection 41G.\n(3) A person operating a registered small community group must\nproduce the registration certificate when requested by an inspector\nor a police officer.\n","sortOrder":52},{"sectionNumber":"42","sectionType":"section","heading":"Requirement for licence","content":"42 Requirement for licence\n(1) Subject to section 43, a licence is required for the following:\n(a) to sell liquor in the Territory;\n(b) to sell liquor from a place outside the Territory for delivery to a\nperson or place in the Territory;\n(c) to supply or serve liquor on or in premises in the Territory\nused or occupied for a commercial or business purpose.\n(2) A licence, other than an interstate retailer's licence, only authorises\nthe licensee to sell, supply or serve liquor in accordance with the\nparticular authority or authorities issued to the licensee in\nconjunction with the licence.\n\nLiquor Act 2019 28\n","sortOrder":53},{"sectionNumber":"43","sectionType":"section","heading":"Exceptions from licence requirement","content":"43 Exceptions from licence requirement\n(1) No licence is required for the sale, supply or service of liquor in any\nof the following places:\n(a) at a naval, army or air force mess, canteen, camp or post with\nthe authority of the naval, army or air force authorities;\n(b) at a canteen or other facility established, conducted,\nmaintained or operated in accordance with regulations made\nunder the Defence Act 1903 (Cth);\n(c) within the precincts of the Legislative Assembly on the\nauthority of the Speaker of the Legislative Assembly;\n(d) on board a vessel travelling to or from a port in the Territory on\na voyage of not less than 150 km, or while that vessel is\nberthed or moored in a port in the Territory, with the authority\nof the master of the vessel;\n(e) on an aircraft in flight with the authority of the pilot;\n(ea) liquor brought to the premises of a registered BYO server of\nliquor by a patron for consumption, with food provided by the\nregistered BYO server of liquor, by the patron or party of\nwhich the patron is a member;\n(eb) liquor served by a registered small community group, for no\nmore than 4 hours each week;\n(f) on a train during a journey with the authority of the train's\ncatering officer;\n(g) in the Joint Defence Facility Pine Gap Area established under\nthe Defence (Special Undertakings) Act 1952 (Cth);\n(h) a place prescribed by regulation.\n(2) No licence is required for the sale, supply or service of the following\nsubstances in the following circumstances:\n(a) not more than 2 standard drinks in a day to a resident in a\nretirement village or residential care facility by or under the\nauthority of the body responsible for administering the village\nor facility;\n(b) not more than 2 standard drinks in a day to a patient in a\nhospital by or under the authority of the body responsible for\nadministering the hospital;\n\nLiquor Act 2019 29\n(c) one liquor product sold as part of a gift basket of flowers or\nfood;\n(d) liquor served by an employer to employees and their families\nand guests;\n(e) flavour extract in containers not exceeding 50 ml;\n(f) a substance in circumstances prescribed by regulation.\nExample for subsection (2)(d)\nA business's annual holiday party.\nExample for subsection (2)(e)\nVanilla extract, which is used for cooking, in a 50 ml bottle.\n(3) No licence is required for the following transactions:\n(a) the sale of liquor forfeited under a law of the Territory;\n(b) the sale of liquor at an auction conducted by a person who\nholds a licence issued under the Auctioneers Act 1935;\n(c) the wholesale sale of liquor to a licensee by a person who is\nregistered as wholesaler under section 33;\n(d) the sale of liquor at a duty free shop in accordance with a\npermission given under section 96A or 96B of the Customs\nAct 1901 (Cth);\n(e) the service of not more than 2 complimentary standard drinks\nin a day to a customer by a registered complimentary server of\n(f) the wholesale sale of flavour extract;\n(g) a transaction prescribed by regulation.\n","sortOrder":54},{"sectionNumber":"44","sectionType":"section","heading":"Interstate retailer's licence","content":"44 Interstate retailer's licence\n(1) An interstate retailer's licence is required to sell liquor from a place\noutside the Territory for delivery to a person or location in the\nTerritory.\n(2) To be eligible for an interstate retailer's licence, the person:\n(a) must be a retailer authorised under the law of a State or\nanother Territory to sell liquor; and\n(b) must not hold any other licence under this Act; and\n\nLiquor Act 2019 30\n(c) must not operate licensed premises in the Territory.\n(3) The Commission must grant an interstate retailer's licence to a\nperson if:\n(a) the person is eligible under subsection (2); and\n(b) the person informs the Commission that the person intends to\nsell liquor from a place outside the Territory for delivery to a\nperson or location in the Territory; and\n(c) the person provides the Commission with a copy of the State\nor other Territory authorisation under which the retailer sells\nliquor.\n(4) A person who complies with subsection (3)(a) to (c) is taken to be in\ncompliance with this Division until the Commission determines\nwhether to issue the person with an interstate retailer's licence\nunder subsection (3).\n(5) The procedure in this section is not an application for a licence and\nno application fee or annual fee is payable for an interstate retailer's\n(6) Sections 49 to 60 do not apply in relation to the issue of an\ninterstate retailer's licence.\n(7) The identification system requirements under Part 6, Division 1, do\nnot apply to an interstate retailer's licence, unless the Commission\nmakes the licence subject to a condition that provides otherwise.\n(8) An interstate retailer's licence:\n(a) is subject to the same terms and conditions that apply to the\nlicensee under the licensee's State or other Territory\nauthorisation to sell liquor; and\n(b) does not purport to authorise any conduct outside the Territory\nthat would be beyond the power of the Legislative Assembly to\nauthorise.\n","sortOrder":55},{"sectionNumber":"45","sectionType":"section","heading":"Unauthorised sale of liquor","content":"45 Unauthorised sale of liquor\n(a) the person intentionally sells liquor; and\n(b) the sale is not exempted from the requirement for a licence\nunder section 43; and\n\nLiquor Act 2019 31\n(c) the sale is not authorised by a licence and an authority and\nthe person is reckless in relation to that circumstance.\nMaximum penalty: 300 penalty units or imprisonment for\n3 years.\n(a) the person intentionally sells liquor from a place outside the\nTerritory for delivery to a person or location in the Territory;\nand\n(b) the sale is not exempted from the requirement for a licence\nunder section 43; and\n(c) the sale is not authorised by an interstate retailer's licence and\nthe person is reckless in relation to that circumstance.\nMaximum penalty: 300 penalty units or imprisonment for\n3 years.\n(3) To avoid doubt, a sale referred to in subsection (2) includes a sale\nthat takes place wholly or partly outside the Territory.\n(4) Strict liability applies to subsections (1)(b) and (2)(b).\n","sortOrder":56},{"sectionNumber":"46","sectionType":"section","heading":"Unauthorised supply or service of liquor","content":"46 Unauthorised supply or service of liquor\n(a) the person intentionally supplies or serves liquor; and\n(b) the supply or service is on or in premises used or occupied for\na commercial or business purpose and the person is reckless\nin relation to that circumstance; and\n(c) the supply or service is not exempted from the requirement for\na licence under section 43; and\n(d) the supply or service is not authorised by a licence and an\nauthority and the person is reckless in relation to that\ncircumstance.\n2 years.\n(2) Strict liability applies to subsection (1)(c).\n\nLiquor Act 2019 32\n","sortOrder":57},{"sectionNumber":"47","sectionType":"section","heading":"Authorities attached to licence","content":"47 Authorities attached to licence\n(1) The following authorities for licences are established:\n(a) small bar authority, which authorises the licensee to sell liquor\nfor consumption on or in licensed premises with a maximum\ncapacity of 100 patrons, with or without the consumption of\nfood;\n(b) restaurant authority, which authorises the licensee to sell\nliquor to patrons for consumption on or in the licensed\npremises with the consumption of food;\n(c) restaurant bar authority, which in conjunction with a restaurant\nauthority authorises the licensee to sell liquor to patrons for\nconsumption on or in the licensed premises without the\nconsumption of food;\n(d) sporting event authority, which authorises the licensee to sell\nliquor ancillary to the services provided in relation to the\nconduct of a sporting event or similar competition;\n(e) takeaway authority, which authorises the licensee to sell liquor\nproducts to customers for consumption off the licensed\n(f) lodging authority, which authorises the licensee to sell liquor to\nguests staying at the licensee's accommodations for\nconsumption on or off the licensed premises;\n(g) wayside inn authority, which authorises the licensee to sell\nliquor to guests staying at the licensee's accommodations and\npatrons who are not guests for consumption on or in the\n(h) casino authority, which authorises the licensee to sell liquor to\npatrons in a casino for consumption on or in the licensed\n(i) special venture authority, which authorises the licensee to sell\nliquor to patrons as an ancillary part of services provided to\nthe patrons by the licensee;\n(j) producers' authority, which authorises the licensee to sell\nliquor produced by the licensee for consumption on or off the\n(k) club authority, which authorises the licensee to sell liquor to\nmembers of a club operated by the licensee, guests of\nmembers and visitors to the club, for consumption on or in the\n\nLiquor Act 2019 33\nlicensed premises, with no restrictions on the aggregate\nannual volume of alcohol that may be sold;\n(l) community club authority, which authorises the licensee to sell\nliquor to members of a club operated by the licensee, guests\nof members and visitors of the club, for consumption on or in\nthe licensed premises, with a limit prescribed by regulation on\nthe aggregate annual volume of alcohol that may be sold;\n(m) catering authority, which authorises the licensee to sell, supply\nor serve liquor to patrons for consumption, in conjunction with\nfood being catered by the licensee, on or in premises with the\nconsent of the owner or occupier of the premises;\n(n) public bar authority, which authorises the licensee to sell liquor\nto patrons for consumption on or in the licensed premises;\n(o) major event authority, which authorises the licensee to sell\nliquor, for consumption on or in licensed premises, to patrons\nattending a single event that is expected:\n(i) to have at least 1 500 attendees; or\n(ii) to have a significant effect on public transport or local\namenities; or\n(iii) to require more than a usual amount of emergency\nservices or police supervision;\n(p) community event authority, which authorises the licensee to\nsell liquor to patrons at events organised by the licensee on a\nregular but infrequent basis for consumption on or in the\n(q) grocery store authority, which authorises the licensee to sell\nliquor products to customers for consumption off the licensed\npremises, which are part of, or attached to, the premises that\nsell groceries or other non-liquor items operated by the\nlicensee or a related entity as defined in section 50 of the\nCorporations Act 2001;\n(r) special event authority, which authorises the licensee to sell\nliquor, for consumption on or in licensed premises, to patrons\nattending a single event that is reasonably expected to have\nless than 1 500 attendees;\n(s) late night authority, which in conjunction with a small bar\nauthority, restaurant authority, restaurant bar authority, club\nauthority or public bar authority authorises the licensee to sell\nliquor to patrons for consumption on or in the licensed\n\nLiquor Act 2019 34\npremises during one of the following periods:\n(i) from 12 midnight to 2 am;\n(ii) from 12 midnight to 4 am;\n(t) adult entertainment authority, which in conjunction with a\npublic bar authority authorises the licensee to have employees\nwho work dressed in sexualised clothing or topless;\n(u) adult entertainment R-rated authority, which is an adult\nentertainment authority that authorises the licensee to also\nprovide strip shows, R-rated entertainment and full nudity on\nor in the licensed premises;\n(v) adult entertainment explicit authority, which is an adult\nentertainment authority that authorises the licensee to also\nprovide general and private strip shows, R-rated\nentertainment, fully nude staff or entertainers, non-sexual\ncontact between entertainers and patrons and voluntary\naudience participation in the entertainment on or in the\nNotes for subsection (1)\n1 Section 84 limits the issuance of new grocery store authorities.\n2 Section 84 limits the issuance of new takeaway authorities until at least after\nExamples for subsection (1)\n1 A special event authority could be a dinner cruise and outback safari trip.\n2 A producer's authority could be a brewery that sells samples or cartons of its\nbeer.\n3 A major event authority could be a large music festival.\n4 Special event authority could be a cinema or bowling alley that offers liquor to\npatrons.\n5 Live entertainment could be music bands, DJs, poetry readings.\n6 Sexualised clothing could be see-through clothing or lingerie.\n(2) More than one authority may be issued to one licensee and\nattached to one licence.\n","sortOrder":58},{"sectionNumber":"48","sectionType":"section","heading":"Commission issues licences and authorities","content":"48 Commission issues licences and authorities\nThe Commission may issue a licence and one or more authorities\nto an applicant in accordance with this Division.\n\nLiquor Act 2019 35\n","sortOrder":59},{"sectionNumber":"49","sectionType":"section","heading":"Public interest and community impact","content":"49 Public interest and community impact\n(1) The Commission may only issue a licence or an authority if satisfied\nthat:\n(a) the applicant is a fit and proper person; and\n(b) issuing the licence or authority is in the public interest; and\n(c) the licence or authority will not have a significant adverse\nimpact on the community.\n(2) To determine whether issuing a licence or an authority is in the\npublic interest, the Commission must consider how it would\nadvance the following objectives:\n(a) minimising the harm or ill-health caused to people, or a group\nof people, by the consumption of liquor;\n(b) ensuring liquor is sold, supplied, served and consumed on or\nin licensed premises in a responsible manner;\n(c) safeguarding public order and safety, particularly when large\nnumbers of people would be attracted to licensed premises or\nan area adjacent to those premises;\n(d) protecting the safety, health and welfare of people who use\n(e) increasing cultural, recreational, employment or tourism\nbenefits for the local community area;\n(f) promoting compliance with this Act and other relevant laws of\nthe Territory;\n(g) ensuring each person involved in the business conducted at\nlicensed premises receives training suitable to the person's\nrole in the business;\n(h) preventing the giving of credit in sales of liquor to people;\n(i) preventing practices that encourage irresponsible drinking;\n(j) reducing or limiting increases in anti-social behaviour.\n\nLiquor Act 2019 36\n(3) To determine whether issuing a licence or an authority would have\na significant adverse impact on the community, the Commission\nmust consider the following:\n(a) the risk of undue offence, annoyance, disturbance or\ninconvenience to persons who reside or work in the vicinity of\nthe proposed licensed premises or who are using, or travelling\nto or from, a place of public worship, a hospital or a school;\n(b) the geographic area that would be affected;\n(c) the risk of harm from the excessive or inappropriate\nconsumption of liquor;\n(d) the people or community who would be affected;\n(e) the effect on culture, recreation, employment and tourism;\n(f) the effect on social amenities and public health;\n(g) the ratio of existing liquor licences and authorities in the\ncommunity to the population of the community;\n(h) the effect of the volume of liquor sales on the community;\n(i) the community impact assessment guidelines issued under\nsection 50;\n(j) any other matter prescribed by regulation.\n(4) The Commission may mitigate a possible adverse impact on the\ncommunity by issuing a licence or an authority with conditions that\nlimit any of the following:\n(a) the kinds of liquor that may be sold or served;\n(b) the manner in which liquor may be sold or served;\n(c) the number or types of containers in which liquor may be sold\nor served;\n(d) the days and times when liquor may be sold or served;\n(e) the number of persons who may be on or in licensed\npremises, a part of licensed premises or an adjacent area that\nis under the control of the licensee;\n(f) the nature of entertainment that may be provided on or in\nlicensed premises or in an adjacent area that is under the\ncontrol of the licensee;\n\nLiquor Act 2019 37\n(g) any promotional activities in which drinks are offered on a\ncomplimentary basis or at reduced prices.\n","sortOrder":60},{"sectionNumber":"50","sectionType":"section","heading":"Community impact assessment guidelines","content":"50 Community impact assessment guidelines\n(1) The Minister must, by Gazette notice, issue community impact\nassessment guidelines to assist in the assessment of the potential\nimpact of issuing a licence or an authority on the community.\n(2) The Minister may, in the community impact assessment guidelines,\nrequire an applicant for a licence or an authority to provide\ndocuments or other information, including information about:\n(a) the suburb, local government area or other area in which the\nproposed licensed premises would be located; and\n(b) the benefits the proposed licence or authority would provide to\nthe local and broader community; and\n(c) the process and result of consultation on the application.\n(3) The mere addition of a new licence or licensed premises in a\ncommunity is not taken to be a benefit to the community.\n(4) The community impact assessment guidelines may have general,\nlimited or varied application.\n","sortOrder":61},{"sectionNumber":"51","sectionType":"section","heading":"Onus on applicant","content":"51 Onus on applicant\n(1) An applicant for a licence or an authority must satisfy the\nCommission that issuing the licence or authority:\n(b) will not have a significant adverse impact on the community.\n(2) An applicant must:\n(a) provide any information to assess the application required by\nthe Commission, the Director and the community impact\nassessment guidelines; and\n(b) conduct any consultation on the application required by the\nCommission and the community impact assessment\nguidelines; and\n(c) comply with any other application requirement determined by\nthe Commission.\n(3) A licensee who is applying for an authority is assumed to be a fit\nand proper person, in the absence of evidence to the contrary.\n\nLiquor Act 2019 38\n","sortOrder":62},{"sectionNumber":"52","sectionType":"section","heading":"Application for licence and authority","content":"52 Application for licence and authority\n(1) Subject to section 53, a person may apply to the Commission for a\nlicence or an authority.\n(2) An application for a licence or an authority must be lodged with the\nDirector in the approved form and manner.\n(3) An application must be accompanied by the following:\n(b) a draft of the notice of the application required under\nsection 57;\n(c) the evidence necessary to satisfy the onus specified in\nsection 51;\n(d) a summary of the evidence referred to in paragraph (c) that is\nsuitable for publication;\n(e) the application fee prescribed by regulation.\n(4) An application may be made by a person who:\n(a) is building or developing premises; and\n(b) intends to transfer the licence to another person who will later\noccupy the premises for the purpose of selling, supplying or\nserving liquor.\n","sortOrder":63},{"sectionNumber":"53","sectionType":"section","heading":"Licensing of body corporate","content":"53 Licensing of body corporate\n(1) The only body corporate that may apply for and hold a licence is a\ncorporation within the meaning of section 57A of the Corporations\nAct 2001.\n(3) A body corporate that applies for a licence or an authority must\ndesignate an individual to be the licensee's nominee, unless the\napplicant is one referred to in section 52(4).\n(4) For the purposes of an objection under Division 5, the nominee is\ntaken to be a joint applicant for the licence or authority.\n(5) If a licence is issued to a body corporate:\n(a) the name of the nominee must also be endorsed on the\nlicence; and\n(b) the body corporate may change the nominee only with the\nwritten approval of the Director; and\n\nLiquor Act 2019 39\n(c) the nominee is taken to be a joint licensee with the body\ncorporate of the licensed premises.\n(6) If a nominee is unable or unwilling to manage the business of the\nlicensee, the body corporate must not sell liquor until:\n(a) the nominee is able or willing to resume conduct of the\nbusiness of the licensee; or\n(b) a new nominee is designated by the licensee and approved in\nwriting by the Director.\n","sortOrder":64},{"sectionNumber":"54","sectionType":"section","heading":"Disclosure of persons of influence and potential beneficiaries","content":"54 Disclosure of persons of influence and potential beneficiaries\n(1) An applicant for a licence or an authority must make an affidavit\ndisclosing each person who, if the licence is issued, may:\n(a) be able to influence the applicant; or\n(b) expect a direct or indirect benefit from the applicant.\n(2) If the applicant is a body corporate, the affidavit must be made by:\n(a) the principal executive officer of the body corporate; or\n(b) if that officer does not have knowledge of the relevant facts –\nanother person who has knowledge of the relevant facts and\nis authorised by the body corporate to make the affidavit.\n(3) Subject to subsections (4) and (5), the affidavit must disclose the\n(a) each person who may, by any lease, agreement or other\narrangement, be able to influence any decision made by the\napplicant in relation to the licence or authority;\n(b) each person, other than the applicant, who may, by any lease,\nagreement or other arrangement, expect any direct or indirect\nbenefit from the applicant in relation to the licence or authority;\n(c) the full name, address and date of birth of any individual\ndisclosed under paragraph (a) or (b);\n(d) the name of any body corporate disclosed under\nparagraph (a) or (b), and the full name, address and date of\nbirth of the secretary and each executive officer of the body\ncorporate;\n\nLiquor Act 2019 40\n(e) if an unincorporated body of persons is disclosed under\nparagraph (a) or (b):\n(i) the name of the body; and\n(ii) the full name, address and date of birth of the secretary\nand each executive officer of the body; and\n(iii) details of any objectives of the body; and\n(iv) whether the body is a non-proprietary body or it\nconducts its business in the same way as a\nnon-proprietary body;\n(f) the complete particulars of any lease, agreement or other\narrangement disclosed under paragraph (a) or (b);\n(g) if the applicant is a body corporate – the names of all persons\nwho have a substantial holding, within the meaning of\nsection 9 of the Corporations Act 2001 in the body corporate.\n(4) If the applicant is a body corporate, the affidavit need not disclose a\nperson who is a member or shareholder of the body corporate\ncarrying out the duties or exercising the normal rights of the person\nin that capacity.\n(5) The affidavit does not need not disclose the following:\n(a) a contract, agreement or other arrangement entered into for\nthe purposes of this Act or the regulations that is approved by\nthe Director;\n(b) any thing exempted from disclosure by the regulations.\nNote for section 54\nThis affidavit is also required by section 72 when applying for transfer of a licence\nand section 110 when applying for variation of conditions.\n","sortOrder":65},{"sectionNumber":"55","sectionType":"section","heading":"Associates of a person","content":"55 Associates of a person\n(1) For the purpose of determining an application for a licence or an\nauthority, the following are taken to be associates of a person if\nengaged or intended to be engaged in the management of the\napplicant or applicant's business:\n(a) the person's spouse or de facto partner;\n(c) a business partner of the person;\n(d) a body corporate of which the person is an executive officer;\n\nLiquor Act 2019 41\n(e) if the person is a body corporate:\n(i) an executive officer of the body corporate; and\n(ii) a person who holds a controlling interest in the body\ncorporate;\n(f) a person who, within the 12 months before the application,\nprovided advice to the person, for a fee or reward, in relation\nto the sale of liquor;\n(g) an employer of the person;\n(h) an officer of a body corporate of which the person is an officer;\n(j) a body corporate that is accustomed or under an obligation to\nact in accordance with the directions, instructions or wishes of\nthe person;\n(k) a body corporate on whose directions, instructions or wishes\nthe person is accustomed or under an obligation to act;\n(l) a body corporate in which the person holds a controlling\ninterest;\n(m) a person disclosed in an affidavit made by the person under\nsection 54;\n(n) a person who is an associate of a person referred to in\nparagraphs (a) to (m).\n(2) For subsection (1)(j), a body corporate is taken to be accustomed\nor under an obligation if its executive officers are accustomed or\nunder an obligation, whether formally or informally.\n(3) For subsection (1)(e)(ii) and (l), a person is taken to hold a\ncontrolling interest in a body corporate if that person, alone or\ntogether with one or more associates of that person, is in a position\nto control at least 15% of the voting power in the body corporate or\nholds interests in at least 15% of the issued shares in the body\ncorporate.\n","sortOrder":66},{"sectionNumber":"56","sectionType":"section","heading":"Acceptance of application","content":"56 Acceptance of application\n(1) Within 21 days of an application being lodged, the Director must:\n(a) if it complies with the requirements in section 52 – accept the\napplication for consideration; or\n\nLiquor Act 2019 42\n(b) if it does not comply with the requirements of section 52 –\nrefuse to accept the application; or\n(c) if specified changes to comply with the requirements in\nsection 52 are made to it within 28 days, or such longer period\nas the Director allows – accept the application provisionally.\n(2) As soon as practicable after making a decision under\nsubsection (1), the Director must give a decision notice to the\n(3) An application that is accepted provisionally is to be considered\naccepted if the specified changes are made to it within the specified\ntime, otherwise it is to be taken as refused.\n(4) Within 14 days of accepting an application, the Director must inform\nthe following that an application has been made and accepted:\n(b) the Commissioner of Police;\n(c) if the application relates to premises within a local government\narea – the chief executive officer of the local council.\n","sortOrder":67},{"sectionNumber":"57","sectionType":"section","heading":"Public notice of application","content":"57 Public notice of application\n(1) Within 14 days of accepting an application, the Director must give\nthe applicant a written notice that:\n(a) explains the public notice requirements of this section; and\n(b) gives directions on the content of the public notice; and\n(c) provides details on any changes that must be made to the\ndraft public notice submitted by the applicant.\n(2) The Director may exempt an applicant from the public notice\nrequirements of this section if the application is for:\n(a) a licence with only a community event authority; or\n(b) a licence with only a special event authority.\n(2A) The Director may exempt an applicant from the public notice\nrequirements of this section if the Director is of the opinion that the\napplication discloses no public interest issues.\n\nLiquor Act 2019 43\n(3) Unless exempt under subsection (2) or (2A), an applicant for a\nlicence or an authority must, in accordance with the directions of\nthe Director:\n(a) post a notice of the application at the place of the proposed\n(b) publish a notice of the application within 28 days of receiving\nthe notice under subsection (1); and\n(d) post or publish such other notices as the Director considers\nnecessary to properly publicise the application.\n(4) Each notice of the application must:\n(a) clearly identify the location of the proposed licensed premises;\nand\n(b) list which authorities are being applied for; and\n(c) include a detailed description of the business proposed to be\nconducted; and\n(d) include a statement that copies of the summary of the\nevidence referred to in section 52(3)(c) are available from the\nDirector; and\n(e) contain any other particulars required by the Director.\n(5) The Director may extend the 14-day period referred to in\nsubsection (1) if the Director needs more time.\n(6) The Director must provide a copy of the summary of the evidence\nreferred to in section 52(3)(c) to any person who requests a copy.\n","sortOrder":68},{"sectionNumber":"58","sectionType":"section","heading":"Investigation of applications","content":"58 Investigation of applications\n(1) The Director may conduct an investigation into an application as the\nDirector considers appropriate.\n(2) If an objection to the application is lodged under section 61, the\nDirector must comply with section 62.\n(3) Any investigation conducted by the Director must be concluded\nwithin 90 days after the day the application is accepted.\n","sortOrder":69},{"sectionNumber":"59","sectionType":"section","heading":"Consideration of applications","content":"59 Consideration of applications\n(1) The Director must refer any application accepted by the Director to\nthe Commission.\n\nLiquor Act 2019 44\n(2) The application must be referred at the later of the following:\n(a) if no objection is made to the application within the time\nallowed under section 61 – 7 days after the expiry of the time\nallowed under that section;\n(b) if an objection to the application is made within the time\nallowed under section 61 – the expiry of the period allowed for\nthe applicant's response to the complaint under section 62.\n(3) When considering an application for a licence or an authority, the\nCommission must also consider the following:\n(a) the applicant's affidavit required by section 54;\n(b) the results of any investigation conducted into the application\nunder section 58;\n(c) any objection to the application made under section 61;\n(d) any response provided by the applicant under section 62;\n(e) the suitability of the premises to be licensed, having regard to\nany law of the Territory regulating the sale, supply, service or\nconsumption of liquor or the location, construction or facilities\nof those premises;\n(f) if the applicant is an individual – the financial stability, general\nreputation and character of the applicant;\n(g) if the applicant is a body corporate:\n(i) the financial stability and business reputation of the body\ncorporate; and\n(ii) the general reputation and character of the secretary\nand executive officers of the body corporate;\n(h) if the applicant is a federation of unincorporated bodies:\n(i) the financial stability and business reputation of each\nconstituent body; and\n(ii) the general reputation and character of the secretary\nand executive officers of each constituent body;\n(i) whether the applicant, including the nominee designated by an\napplicant, is a fit and proper person to hold a licence;\n\nLiquor Act 2019 45\n(j) if the Commission considers it appropriate – whether each\nassociate of the applicant is a fit and proper person to be an\nassociate of a licensee.\n(4) In assessing whether a person is a fit and proper person to hold a\nlicence, the Commission must have regard to any matters\n(5) The Commission may require an applicant, including the nominee\ndesignated by an applicant, to provide the Commission with the\nadditional documents or information that the Commission considers\nnecessary to make a proper assessment of the application.\n","sortOrder":70},{"sectionNumber":"60","sectionType":"section","heading":"Decision to issue licence or authority","content":"60 Decision to issue licence or authority\n(1) After considering the application, the Commission must, in\naccordance with section 49, decide whether to:\n(a) issue the licence or authority, with or without additional\nconditions; or\n(b) refuse to issue the licence or authority.\n(2) The Commission must make a decision under subsection (1) within\n28 days after the later of the following:\n(a) if the application was exempted from public notice by the\nDirector under section 57(2) – the day the application was\naccepted;\n(b) if no objection is made to the application within the time\nallowed under section 61 – the day the time allowed under\nthat section expires;\n(c) if an objection to the application is made within the time\nallowed under section 61 – the day the period allowed for the\napplicant's response to the complaint under section 62\nexpires.\n(3) As soon as practicable after making a decision under\nsubsection (1), the Commission must give a decision notice to:\n(4) If the Commission refuses to issue a licence or an authority, it may\nrefund the whole or any part of the application fee.\n\nLiquor Act 2019 46\n(5) To avoid doubt, the Commission may issue a licence and an\nauthority in respect of premises that are not yet constructed, or are\nstill under construction, but liquor must not be sold under the\nlicence until:\n(a) the Commission gives the licensee written approval to do so;\nor\n(b) the licence is transferred and a certificate of transfer is issued\nunder section 74.\n","sortOrder":71},{"sectionNumber":"61","sectionType":"section","heading":"Objecting to application","content":"61 Objecting to application\n(1) A person or body referred to in subsection (4) may object to the\nfollowing applications:\n(a) an application to issue a licence or an authority;\n(b) an application to vary the conditions of a licence or an\n(c) an application to substitute other premises for the licensed\n(d) an application to make a material alteration to licensed\n(2) An objection may be made on only one or both of the following\ngrounds:\n(a) that issuing the licence or authority, varying the conditions,\nsubstituting other premises or making the material alteration\nwould adversely affect:\n(i) the amenity of the neighbourhood of the licensed\npremises or proposed licensed premises; or\n(ii) the health, education, public safety or social conditions\nin the community of the licensed premises or proposed\n(b) that the applicant is not a fit and proper person.\n(3) However, an objection to the issuing of a community event authority\nor a special event authority may also be made on grounds\n\nLiquor Act 2019 47\n(4) Only the following may make an objection:\n(a) a person residing or working in the neighbourhood of the\nlicensed premises or proposed licensed premises;\n(b) the owner or occupier of land in the neighbourhood of the\nlicensed premises or proposed licensed premises;\n(c) a local council of the local government area where the\nlicensed premises or proposed licensed premises are located;\n(d) a Member of the Legislative Assembly;\n(e) a police officer or employee of the Police Force, acting in that\ncapacity;\n(f) a member or employee of the Northern Territory Fire and\nRescue Service, established under the Fire and Emergency\nAct 1996, acting in that capacity;\n(g) an Agency or public authority that performs functions relating\nto public amenities, including health, education and public\nsafety;\n(h) a charity or a community-based organisation or body.\n(5) The objection must:\n(a) be in writing or in a form approved by the Director that is\nsuitable for someone unable to effectively communicate in\nwriting; and\n(b) be signed by or on behalf of the person or body making the\nobjection; and\n(c) set out the grounds of the objection and the facts relied on to\nsupport those grounds.\n(6) The objection must be lodged with the Director within 14 days after\npublication of the last public notice under section 57, 96 or 111.\n(7) Except for a body that makes an objection under this section, the\nDirector and Commission must proceed as if each of the following\nbodies has no objection to the application:\n(a) the Agency administering the Public and Environmental Health\nAct 2011;\n(b) the Police Force;\n\nLiquor Act 2019 48\n(c) the local council of the local government area in which the\nlicensed premises or proposed licensed premises are located.\n","sortOrder":72},{"sectionNumber":"62","sectionType":"section","heading":"Applicant's right to respond to objection","content":"62 Applicant's right to respond to objection\n(1) The Director must, within 5 days after the expiry of the 14-day\nperiod referred to in section 61(6), give the applicant written notice\nof:\n(a) the grounds of any objection made to the application; and\n(b) the applicant's right to respond to the objection under\n(2) The applicant's response must be in writing and lodged with the\nDirector within 14 days after being given the notice referred to in\n","sortOrder":73},{"sectionNumber":"63","sectionType":"section","heading":"Limit on new grounds","content":"63 Limit on new grounds\nDuring the course of any determination, inquiry, review or hearing\nunder this Act or the Liquor Commission Act 2018, a person or\nbody making an objection under section 61 must not raise any\ngrounds for the objection that is not:\n(a) a ground specified and relied on in the objection lodged under\nthat section; or\n(b) a ground that is responding to new information arising during\nthe determination, inquiry, review or hearing.\n","sortOrder":74},{"sectionNumber":"64","sectionType":"section","heading":"Register of licensees","content":"64 Register of licensees\nThe Director must keep a register of licensees that includes the\n(a) the name and address of the licensee;\n(b) the address of the licensed premises and the geographic and\npopulation area in which the licensed premises are located;\n(c) the date the licence was issued;\n(d) the authorities issued to the licensee;\n(e) the conditions on the licence or authority.\n\nLiquor Act 2019 49\n","sortOrder":75},{"sectionNumber":"65","sectionType":"section","heading":"Duplicate licences, authorities and permits","content":"65 Duplicate licences, authorities and permits\n(1) The Director may issue a duplicate licence, authority or permit to its\nholder if satisfied the licence, authority or permit was destroyed, lost\nor stolen.\n(2) The duplicate may be issued only on application by the holder of\nthe licence, authority or permit and payment of the fee prescribed\nby regulation.\n","sortOrder":76},{"sectionNumber":"66","sectionType":"section","heading":"Surrender of licence or authority","content":"66 Surrender of licence or authority\n(1) A licensee may surrender the licence or an authority by returning it\nto the Director.\n(2) The surrender of a licence or authority has no effect unless\naccepted by the Director.\n(3) The Director must accept the surrender of a licence or authority if\nsatisfied that the licensee gave all persons who have an interest in\nthe licence at least 14 days notice of the licensee's intention to\nsurrender the licence or authority.\n(4) If the surrender of a licence is accepted, a person who held the\nlicence ceases to be a licensee, but remains liable for:\n(a) any act or omission done, caused, permitted or made by the\nperson prior to the surrender taking effect; and\n(b) any liability incurred by the person under this Act prior to the\nsurrender taking effect.\n","sortOrder":77},{"sectionNumber":"67","sectionType":"section","heading":"Abandonment of licence","content":"67 Abandonment of licence\n(1) A licensee is taken to have abandoned the licence if the licensee\nceases to operate the licensed premises for more than 6 months\nwithout the prior approval of the Director.\n(2) If a licence is abandoned:\n(a) the abandoned licence has no effect; and\n(b) the Director may cancel the abandoned licence; and\n(c) the person who held the abandoned licence has no rights or\nprivileges under it.\n(3) A person who held an abandoned licence remains liable for:\n(a) any act or omission done, caused, permitted or made by the\nperson prior to the abandonment; and\n\nLiquor Act 2019 50\n(b) any liability incurred by the person under this Act prior to the\nabandonment.\n","sortOrder":78},{"sectionNumber":"68","sectionType":"section","heading":"Licence, authority and permit not personal property","content":"68 Licence, authority and permit not personal property\nFor section 8(1)(k) of the Personal Property Securities Act 2009\n(Cth), each of the following is not personal property for that Act:\n(a) a licence;\n(b) an authority;\n(c) a permit.\nNote for section 68\nA law of the Commonwealth, a State or a Territory may declare a right, licence or\nauthority granted by or under that law not to be personal property for the\nPersonal Property Securities Act 2009 (Cth).\n","sortOrder":79},{"sectionNumber":"69","sectionType":"section","heading":"Fees for licences and authorities","content":"69 Fees for licences and authorities\n(1) A licensee must pay the annual fees prescribed by regulation in\nrespect of the licence and the authorities held by the licensee.\n(2) Before 1 November each year, the Director must give each licensee\nan invoice for the licensee's annual fee for that year.\n(3) A licensee must pay the annual fee to the Territory on or before the\nfirst business day in February of the following year.\n(4) If a licensee fails to pay the annual fee by the day referred to in\nsubsection (3), the licence is automatically suspended until the fee\nis paid.\n","sortOrder":80},{"sectionNumber":"70","sectionType":"section","heading":"Prescribing fees","content":"70 Prescribing fees\n(1) The regulations may prescribe fees for applications, licences and\nauthorities based upon factors or criteria specified in the\nregulations, including the following:\n(a) the type of licence or authority;\n(b) the revenue earned or expected to be earned from the licence\nor authority;\n(c) the volume of liquor or the alcohol content of liquor sold,\nsupplied or served;\n\nLiquor Act 2019 51\n(d) the nature, size, class or patron capacity of the licensed\n(e) the hours of operation under the licence or authority;\n(f) the duration of a licence;\n(g) the harm reduction measures taken by the licensee;\n(h) the licensee's compliance record;\n(i) the possible risks of harm to the community from the licence\nor authority;\n(j) any other factors or criteria prescribed by regulation.\n(2) The fees may be:\n(a) expressed as a formula based on multiple factors and criteria\nin the regulations; and\n(b) adjusted annually by a cost of living indexation method\nprescribed in the regulations.\n","sortOrder":81},{"sectionNumber":"71","sectionType":"section","heading":"Transfer of licence","content":"71 Transfer of licence\n(1) A licence is transferable from the licensee to another person in\naccordance with this Division and the regulations.\n(2) The transfer of a licence has no effect unless the transfer is\nauthorised by the Commission.\n","sortOrder":82},{"sectionNumber":"72","sectionType":"section","heading":"Application for transfer","content":"72 Application for transfer\n(1) The proposed transferee may apply to the Commission to authorise\nthe transfer of the licence.\n(2) Subject to this section, the application is to be made as if the\nproposed transferee is applying for a new licence and\nsections 52(1), (2), (3)(e) and (4), 53 to 55 and 56(1), (2), (3)\nand (4)(b) apply to the application.\n(3) An application to transfer a licence must be lodged with the Director\nin the approved form.\n(4) The application must be accompanied by the following:\n\nLiquor Act 2019 52\n(c) the application fee prescribed by regulation.\n(5) The applicant is not required to provide the following:\n(a) the evidence necessary to satisfy the onus specified in\nsection 51;\n(b) a summary of the evidence referred to in section 52(3)(d).\n(6) The Director must inform the Commissioner of Police of the\napplication, as soon as reasonably practicable after receiving it.\n","sortOrder":83},{"sectionNumber":"73","sectionType":"section","heading":"Decision on transfer","content":"73 Decision on transfer\n(1) As soon as reasonably practicable after receiving the application,\nthe Commission must consider it and decide whether to:\n(a) authorise the transfer of the licence, with or without conditions;\nor\n(b) refuse to authorise the transfer of the licence.\n(1A) The Commission may only authorise the transfer of the licence if\nsatisfied that the proposed transferee is a fit and proper person.\n(2) If the Commission refuses to authorise the transfer of the licence,\nthe Commission must, as soon as practicable, give a decision\nnotice to:\n(a) the licensee; and\n(b) the proposed transferee.\n","sortOrder":84},{"sectionNumber":"74","sectionType":"section","heading":"Certificate of transfer","content":"74 Certificate of transfer\n(1) If the Commission authorises the transfer of a licence, the Director\nmust issue a certificate of transfer to the transferee.\n(2) The certificate has the effect of transferring the licence, with all its\nauthorities, privileges and conditions, from the former licensee to\nthe transferee, who becomes the new licensee.\n(3) The former licensee remains liable for any act or omission done,\ncaused, permitted or made prior to the transfer.\n","sortOrder":85},{"sectionNumber":"75","sectionType":"section","heading":"Substitution of premises","content":"75 Substitution of premises\n(1) If a licensee wishes to substitute other premises for the licensed\npremises, the licensee must apply for a new licence for those new\n\nLiquor Act 2019 53\n(2) Despite subsection (1), instead of issuing a new licence the\nCommission may, on application by the licensee, amend a licence\nto substitute other premises for the licensed premises if satisfied\nthat the substitution satisfies the public interest and community\nimpact requirements.\n(2A) To avoid doubt, the Commission may, under subsection (2):\n(a) impose conditions on the substitution; and\n(b) substitute premises that are not yet constructed or are still\nunder construction.\n(3) An application to substitute premises is to be made in the same\nmanner as an application to vary conditions of the licence under\nPart 4, Division 5.\n","sortOrder":86},{"sectionNumber":"76","sectionType":"section","heading":"Acting licensee","content":"76 Acting licensee\n(1) If a licensee is, or expects to be, unable for any reason to conduct\nthe business of the licensee for more than 7 consecutive days, the\nlicensee must:\n(a) appoint a person to act on behalf of the licensee to conduct\nthe licensee's business during that period; and\n(b) give written notice to the Director of the full name, address\nand occupation of the person within 3 days after the date of\nthe appointment.\n(2) A person appointed under this section must not act on behalf of a\nlicensee for more than 90 days during any 12-month period, unless\nthe Director otherwise determines.\n(3) If the licensee has not appointed anyone under subsection (1), the\nDirector may appoint a person to act as the licensee to conduct the\nlicensee's business while the licensee is unable to conduct\nbusiness.\n(4) A licensee commits an offence if the licensee contravenes\n(6) It is a defence to a prosecution for an offence against\nsubsection (4) if the defendant has a reasonable excuse.\n\nLiquor Act 2019 54\n(7) A person commits an offence if:\n(a) the person is appointed under subsection (1) and has\nknowledge of that circumstance; and\n(b) the person intentionally acts on behalf of a licensee; and\n(c) the conduct exceeds 42 days during any 12-month period or\nany other period determined by the Director and the person is\nreckless in relation to that circumstance.\n(8) The Director must cancel a licence at the expiration of the 42 days\nreferred to in subsection (2) if:\n(a) a licensee's inability to conduct business under the licence is,\nor is expected to be, permanent; and\n(b) no application to transfer the licence was made in accordance\nwith section 72 during those 42 days; and\n(c) no application to substitute the licensed premises was made in\naccordance with section 75 during those 42 days; and\n(d) no arrangements satisfactory to the Director are made to\nconduct the business.\n(9) A person appointed to act on behalf of a licensee has all the rights,\npowers, authorities, functions, duties and obligations of a licensee\n","sortOrder":87},{"sectionNumber":"77","sectionType":"section","heading":"Continuation of licence after death","content":"77 Continuation of licence after death\n(1) If a licensee dies, the licence continues in force until the earlier of\n(a) the date the licence expires;\n(b) the date the licence is cancelled under section 80.\n(2) If a licensee dies, the Director may vary the date of expiry of the\nlicence as the Director considers appropriate.\n","sortOrder":88},{"sectionNumber":"78","sectionType":"section","heading":"Conduct of business after death","content":"78 Conduct of business after death\n(1) The following persons may, in the approved form, apply to the\nDirector for approval to conduct the business of a deceased\nlicensee:\n(a) the legal representative of a deceased licensee;\n\nLiquor Act 2019 55\n(b) a member of a deceased licensee's family who has attained\n18 years of age;\n(c) the representative of a person or class of persons claiming an\nentitlement in the estate of a deceased licensee.\n(2) The Director may, on application under subsection (1), appoint a\nperson to act as the licensee to conduct the deceased licensee's\nbusiness until the licence expires, is cancelled or is transferred.\n","sortOrder":89},{"sectionNumber":"79","sectionType":"section","heading":"Notice of bankruptcy, etc.","content":"79 Notice of bankruptcy, etc.\n(1) A licensee must, in the approved form, notify the Director if the\nlicensee:\n(a) becomes bankrupt; or\n(b) applies to take the benefit of a law for the relief of bankrupt or\ninsolvent debtors; or\n(c) compounds with the licensee's creditors or makes an\nassignment of the licensee's property, interest or remuneration\nfor the benefit of licensee's creditors.\n(2) A notice under subsection (1) must be lodged within 7 days after\nthe licensee is declared bankrupt, makes the application or makes\nthe assignment.\n(5) The trustee, assignee or other person in whom the estate of a\nlicensee becomes vested may, in the approved form, apply to the\nDirector for approval to conduct the business of the licensee.\n","sortOrder":90},{"sectionNumber":"80","sectionType":"section","heading":"Cancellation of licence on death and insolvency","content":"80 Cancellation of licence on death and insolvency\n(1) The Director may cancel a licence if:\n(a) the licensee dies, becomes bankrupt, applies to take the\nbenefit of a law for the relief of bankrupt or insolvent debtors\nor makes an assignment of property, interest or remuneration\nfor the benefit of creditors; and\n(b) the Director is not satisfied that adequate arrangements have\nbeen made for the conduct of the business of the licensee.\n\nLiquor Act 2019 56\n(2) The cancellation takes effect on the date specified by the Director in\nthe cancellation.\n","sortOrder":91},{"sectionNumber":"81","sectionType":"section","heading":"Transfer of business","content":"81 Transfer of business\n(1) The Director may authorise the applicant under section 78 or 79(5)\nto conduct the business under the licence if the Director is satisfied\nthat the applicant is a suitable person.\n(2) A person authorised under subsection (1) is taken to be the\nlicensee while the licence continues in force.\n(3) The Director may transfer the licence to the person authorised\nunder subsection (1).\n","sortOrder":92},{"sectionNumber":"82","sectionType":"section","heading":"Implied conditions","content":"82 Implied conditions\n(1) Any provision of this Act or the regulations that imposes a duty on a\nlicensee or prohibits certain conduct by a licensee is taken to be a\ncondition of the licence.\n(2) To avoid doubt, a licence or an authority must not be made subject\nto a condition or an authority that is contrary to, or purports to\ndisplace, any provision of this Act or the Regulations.\n","sortOrder":93},{"sectionNumber":"83","sectionType":"section","heading":"Prescribed conditions","content":"83 Prescribed conditions\n(1) Each licence and authority is subject to the conditions prescribed\nfor it by regulation.\n(2) The regulations may provide for the conditions to vary depending\non any of the following factors:\n(a) the location of the licensed premises;\n(b) the type of licensee, licence or authority;\n(c) whether an authority is held by the licensee in conjunction with\nanother authority;\n(d) any other factor prescribed by regulation.\n\nLiquor Act 2019 57\n","sortOrder":94},{"sectionNumber":"84","sectionType":"section","heading":"Limits on authorities","content":"84 Limits on authorities\n(1) An authority cannot be changed into or substituted for another\nauthority, without making an application for the other authority.\n(2) No grocery store authority may be created or issued under this Act.\n(3) No takeaway authority may be created or issued until after\n31 August 2023 or any later date extended under subsection (4).\n(4) The date after which a takeaway authority may be created or issued\nmay be extended by up to 12 months at a time by regulation.\n(5) The restrictions in this section on creating and issuing authorities do\nnot prevent the following:\n(a) the transfer of an authority under section 81;\n(b) the conversion of a licence issued under the Liquor Act 1978\nin accordance with Part 15, Division 2.\n","sortOrder":95},{"sectionNumber":"85","sectionType":"section","heading":"Duration of licence","content":"85 Duration of licence\n(2) A licence remains in force until it expires or is abandoned,\nsurrendered, suspended or cancelled.\n","sortOrder":96},{"sectionNumber":"86","sectionType":"section","heading":"Compliance with codes of practice","content":"86 Compliance with codes of practice\nA licensee must abide by any code of practice established by the\nCommission under section 20.\n","sortOrder":97},{"sectionNumber":"87","sectionType":"section","heading":"Discretionary licence conditions","content":"87 Discretionary licence conditions\n(1) The Commission may, in accordance with the regulations, make a\nlicence or an authority subject to the conditions the Commission\nconsiders necessary or appropriate.\n(2) Without limiting subsection (1), conditions that may be imposed by\nthe Commission include the following:\n(a) the construction and furnishing of licensed premises;\n(b) the equipment, facilities and services provided on or in\n(c) the days and hours when licensed premises may be open and\nwhen liquor may be sold, supplied or served;\n(d) the minimum facilities and services on or in licensed premises;\n\nLiquor Act 2019 58\n(e) the method of selling, supplying or serving liquor, including the\ncontainers for, the quantities of and the types of liquor;\n(f) the standard of maintenance and hygiene of the licensed\n(g) the provision of entertainment on or in licensed premises;\n(h) the provision of food on or in licensed premises;\n(i) the display and content of signs and notices on or in licensed\n(j) the persons who may be admitted to licensed premises;\n(k) the prohibition or restriction of activities on or in licensed\n","sortOrder":98},{"sectionNumber":"88","sectionType":"section","heading":"Minister's power to add or vary conditions","content":"88 Minister's power to add or vary conditions\n(1) The Minister may add or vary any condition to a licence or an\nauthority that the Minister believes is urgently needed for the\nwellbeing of a community that might be affected by the licence or\nauthority.\n(2) Without limiting subsection (1), conditions that may be added by the\nMinister include the following:\n(a) a condition about when the licensed premises may be open\nfor the sale, supply or service of liquor;\n(b) a condition about the type of liquor that may be sold, supplied\nor served on or in the licensed premises;\n(c) a condition about the amount of liquor that may be sold,\nsupplied or served for consumption off the licensed premises;\n(d) a condition requiring proof of a purchaser's identity for a sale,\nsupply or service of liquor exceeding an amount prescribed by\nregulation;\n(e) a condition requiring the keeping of records prescribed by\nregulation for sales, supplies or service of liquor.\n(3) When considering whether to add or vary a condition, the Minister\nmust consider the purposes of this Act.\n(4) The Minister must table in the Legislative Assembly a copy of any\ndecision to add or vary a condition within 6 sitting days after making\nthe decision.\n\nLiquor Act 2019 59\n(5) A condition added or varied under subsection (1) prevails to the\nextent of any inconsistency with a condition imposed by the\n","sortOrder":99},{"sectionNumber":"89","sectionType":"section","heading":"Exemption for interstate retailer's licence","content":"89 Exemption for interstate retailer's licence\nThis Division does not apply in relation to an interstate retailer's\n","sortOrder":100},{"sectionNumber":"90","sectionType":"section","heading":"Proper maintenance","content":"90 Proper maintenance\nA licensee must keep the licensed premises and all machinery,\nequipment, fittings, furniture, furnishings and any other items used\nin connection with operations under the licence maintained in good\norder and repair and in a safe and reasonably clean condition.\n","sortOrder":101},{"sectionNumber":"91","sectionType":"section","heading":"Fire safety conditions","content":"91 Fire safety conditions\nA licensee must comply with the requirements of the Fire and\nEmergency Act 1996 and in particular the standards relating to fire\nsafety in the regulations made under that Act.\n","sortOrder":102},{"sectionNumber":"92","sectionType":"section","heading":"Public health conditions","content":"92 Public health conditions\nA licensee must comply with any public health notice issued to the\nlicensee or in relation to the licensed premises by the Chief Health\nOfficer under the Public and Environmental Health Act 2011.\n","sortOrder":103},{"sectionNumber":"93","sectionType":"section","heading":"Undue and unreasonable noise","content":"93 Undue and unreasonable noise\nA licensee must not cause or permit its employees or patrons to\ncause undue and unreasonable noise on or in the licensed\npremises that affects the amenity of the neighbourhood.\nExamples for section 93\n1 The delivery of stock and the removal of rubbish must be at appropriate\nhours.\n2 Live music must be at a reasonable volume.\n94 Posting signs and notices\nA licensee must post conspicuous signs, notices or other\ninformation on or in the licensed premises as directed by the\n\nLiquor Act 2019 60\n","sortOrder":104},{"sectionNumber":"95","sectionType":"section","heading":"Limit on material alterations","content":"95 Limit on material alterations\n(1) The prior written approval of the Commission is required before any\nof the following material alterations are made to licensed premises:\n(a) a significant increase in the area of the premises used for the\nsale, supply, service or consumption of liquor;\n(c) a change to an entrance to or an exit from the premises;\n(d) a significant change to the external appearance of the\n(e) a significant change to the premises' facilities related to the\nsale, supply, service or consumption of liquor.\n(2) A licensee must not make any alteration to the licensed premises\nthat would result in a contravention of, or non-compliance with, a\nprovision of the following:\n(a) this Act;\n(b) the Alcohol Harm Reduction Act 2017;\n(c) the Tobacco Control Act 2002;\n(d) any other law of the Territory that regulates:\n(i) the sale, supply, service or consumption of liquor; or\n(ii) the location, construction or facilities of premises used\nfor the sale, supply, service or consumption of liquor.\n","sortOrder":105},{"sectionNumber":"96","sectionType":"section","heading":"Application for approval of material alteration","content":"96 Application for approval of material alteration\n(1) A licensee may apply to the Commission for approval of a material\nalteration to the licensed premises.\n(2) The application must be lodged with the Director in the approved\nform.\n(3) The application must be accompanied by the following:\n(a) a copy of the plans and specifications for the alteration;\n(b) a copy of any permit required under the Building Act 1993 to\ncarry out the alteration;\n(c) a summary of any notice given under the Fire and Emergency\nAct 1996 in relation to the premises;\n\nLiquor Act 2019 61\n(d) evidence that the proposed alteration would not result in a\ncontravention or failure to comply with a law specified in\nsection 95(2).\n(4) If the Director considers it to be in the public interest, the Director\nmay require the applicant to publish notice of the application in the\nmanner and time specified by the Director.\n(5) The notice must include the following:\n(a) a description in sufficient detail to identify the location of the\n(b) a description of the nature of any business conducted on or in\nthe licensed premises;\n(c) details of the material alteration;\n(d) any other particulars specified by the Director.\n(6) If the application relates to premises within a local government\narea, the Director must inform the chief executive officer of the local\ncouncil as soon as reasonably practicable.\n(6A) The Director must inform the following of the application, as soon\nas reasonably practicable after receiving it:\n(b) the Commissioner of Police.\n(7) To avoid doubt, sections 62 and 63 apply to an application if an\nobjection to the application is lodged under section 61.\n","sortOrder":106},{"sectionNumber":"97","sectionType":"section","heading":"Decision on material alteration of licensed premises","content":"97 Decision on material alteration of licensed premises\n(1) In considering an application to make a material alteration to\nlicensed premises, the Commission must consider the following:\n(a) any objection to the application made under section 61;\n(b) any response provided by the applicant under section 62;\n(2) After considering the matters in subsection (1), the Commission\nmust:\n(a) approve the material alteration; or\n\nLiquor Act 2019 62\n(b) refuse to approve the material alteration.\n(3) The Commission may attach conditions to the approval of the\nmaterial alteration.\nsubsection (2), the Commission must give a decision notice to:\n(5) If the Commission approves a material alteration, no business is to\nbe conducted on or in the licensed premises, unless arrangements\nfor that business are approved by the Commission.\n","sortOrder":107},{"sectionNumber":"98","sectionType":"section","heading":"Material alteration offences","content":"98 Material alteration offences\n(1) A licensee commits an offence if a material alteration is made to the\nlicensed premises without the prior approval of the Commission.\n(2) A licensee commits an offence if:\n(a) the Commission approves a material alteration; and\n(b) business is conducted on or in the licensed premises while the\nalteration is being made; and\n(c) the business is not conducted in accordance with\narrangements approved by the Commission.\n(3) An offence against subsection (1) or (2) is an offence of strict\n","sortOrder":108},{"sectionNumber":"99","sectionType":"section","heading":"Remedying unauthorised alterations","content":"99 Remedying unauthorised alterations\n(1) If a licensee makes a material alteration to the licensed premises\nwithout the prior approval of the Commission, the Commission may,\nafter notifying the licensee of the Commission's intention, cause the\nalteration to be removed from the licensed premises or the\npremises to be restored to a condition satisfactory to the\n(2) The cost of taking the action under subsection (1) is a debt due to\nthe Territory by the licensee and is recoverable in a court of\ncompetent jurisdiction.\n\nLiquor Act 2019 63\n","sortOrder":109},{"sectionNumber":"100","sectionType":"section","heading":"Payment for liquor","content":"100 Payment for liquor\n(1) A licensee and the licensee's employees must not sell liquor to a\nperson unless, at the time of the sale, payment is made in one or\nmore of the following ways:\n(a) by legal tender within the meaning of the Currency Act 1965\n(Cth);\n(b) by cheque drawn by the person and dated on or before the\ndate of sale;\n(c) by credit card or debit card;\n(d) by debit to an ADI account authorised by the person;\n(e) if the sale is made to the person, or the person on behalf of an\nentity, in the ordinary course of business – by charging the\nbusiness account of the person or entity held with the\nlicensee;\n(f) by a method prescribed by regulation.\n(3) A licensee's employee commits an offence if the employee\ncontravenes subsection (1).\n(4) An offence against subsection (2) or (3) is an offence of strict\nsubsection (2) or (3) if the defendant has a reasonable excuse.\n","sortOrder":110},{"sectionNumber":"101","sectionType":"section","heading":"Retaining possession of credit and debit cards","content":"101 Retaining possession of credit and debit cards\n(1) A licensee must not retain possession or control of a person's credit\ncard or debit card as security for payment by the person for liquor\nor other goods at the licensed premises.\n\nLiquor Act 2019 64\n(5) The Minister may, by Gazette notice, issue guidelines on retaining\npossession or control of a person's credit card or debit card for this\nsection.\n(6) Without limiting subsection (4), proof of compliance with the\nguidelines issued by the Minister is evidence of a reasonable\nexcuse.\n","sortOrder":111},{"sectionNumber":"102","sectionType":"section","heading":"Conditions on time of operation","content":"102 Conditions on time of operation\n(1) A licensee must not sell, supply or serve liquor outside the hours\nprescribed by regulation in respect of the licensee's authority.\n(2) A licensee must not allow patrons to enter or remain on or in the\nlicensed premises outside the hours prescribed by regulation in\nrespect of the licensee's authority.\n(3) Despite subsections (1) and (2), a licensee may allow patrons to\nenter and remain on or in the licensed premises outside the hours\nprescribed by regulation if:\n(a) no person is being sold, supplied or served liquor on or in the\n(b) no person has access to gaming machines on or in the\n","sortOrder":112},{"sectionNumber":"103","sectionType":"section","heading":"Advertising and promotions","content":"103 Advertising and promotions\nA licensee must not publish or cause to be published, in any media,\nan advertisement that could be construed as inducing the\nirresponsible or excessive consumption of liquor on or in licensed\npremises contrary to a guideline of the Commission under\nsection 316.\n","sortOrder":113},{"sectionNumber":"105","sectionType":"section","heading":"Change of licensee's contact information","content":"105 Change of licensee's contact information\n(1) A licensee must give the Director written notice of any change in\nthe licensee's contact information, including its emergency contact\nphone number and email address.\n(2) The notice must be given within 14 days of the change.\n\nLiquor Act 2019 65\n","sortOrder":114},{"sectionNumber":"106","sectionType":"section","heading":"Change in licensee's corporate positions","content":"106 Change in licensee's corporate positions\n(1) A licensee that is a body corporate must give the Director written\nnotice of any change in the following persons:\n(a) a person who is a director of the licensee;\n(b) a person who exercises, or is in a position to exercise, control\nor have substantial influence over the licensee in the conduct\nof its affairs;\n(c) a person who manages, or intends to manage, the licensee's\nbusiness under the licence and who is not the licensee's\nnominee;\n(d) in the case of a club or association – a person who holds an\nexecutive position in the club or association;\n(e) in the case of a proprietary company – a person who is a\nshareholder owning or controlling more than 10% of the\nissued voting stock of the company.\n(2) The written notice must be given within 14 days of the change.\n(3) A child who is a shareholder in a company is not for that reason to\nbe regarded as a person occupying a position of authority.\n(4) The Commission may investigate any change notified under\nsubsection (1) and re-examine the question of the licensee's fitness\nto hold the licence.\n","sortOrder":115},{"sectionNumber":"107","sectionType":"section","heading":"Change of interstate retailer's licensee's status","content":"107 Change of interstate retailer's licensee's status\n(1) An interstate retailer licensee must give the Director written notice\nof any variation, expiry, suspension or cancellation of the licensee's\nState or other Territory authorisation referred to in section 44(8)(a).\n(2) The notice must be given within 14 days of the change.\n","sortOrder":116},{"sectionNumber":"108","sectionType":"section","heading":"Keeping records of liquor purchases and sales","content":"108 Keeping records of liquor purchases and sales\n(1) A licensee must keep a written record of information, as prescribed\nby regulation, regarding the following:\n(a) the licensee's purchases and sales of liquor under the licence\nor an authority;\n(b) in the case of a grocery store authority – the ratio of the\nlicensee's sales of liquor under the authority to its sales of\nother products;\n\nLiquor Act 2019 66\n(c) any other matter related to the licensee's operation under the\nlicence or authority prescribed by regulation.\n(2) The licensee must retain each record for at least 3 years, unless\nexempted by the Director.\n","sortOrder":117},{"sectionNumber":"109","sectionType":"section","heading":"Producing records and other documents","content":"109 Producing records and other documents\n(1) A licensee must, on the request of an inspector or a police officer,\nproduce to the inspector or officer:\n(a) any record required to be kept by the licensee under this Act;\nor\n(b) any other document relating to the sale, supply or service of\nliquor in the course of the licensee's business.\n(2) A licensee commits an offence if the licensee fails to comply with a\nrequest under subsection (1).\n","sortOrder":118},{"sectionNumber":"110","sectionType":"section","heading":"Application to vary conditions","content":"110 Application to vary conditions\n(1) A licensee may apply to the Commission to vary the conditions of a\nlicence or an authority.\n(2) The licensee must satisfy the Commission that varying the\nconditions of a licence or an authority:\n(b) would not have a significant adverse impact on the\ncommunity.\n(3) The application must be lodged with the Director in the approved\nform.\n\nLiquor Act 2019 67\n(4) The application must be accompanied by the following:\n(b) the evidence necessary to satisfy the onus specified in\nsubsection (2);\n(c) a summary of the evidence referred to in paragraph (b) that is\nsuitable for publication;\n(d) the application fee prescribed by regulation.\n(5) If a licensee wishes to vary the size of the licensed premises, the\nlicensee must apply under section 96 for approval to make a\nmaterial alteration to licensed premises.\n","sortOrder":119},{"sectionNumber":"111","sectionType":"section","heading":"Notice of application to vary conditions","content":"111 Notice of application to vary conditions\n(1) The Director may require the applicant to publish notice of the\napplication to vary the conditions of a licence or an authority if the\nDirector considers it to be in the public interest.\n(2) The notice must:\n(a) identify the location of the licensed premises; and\n(b) describe the nature of the business conducted on or in the\n(c) summarise the proposed variation of conditions; and\n(d) contain any other particulars determined by the Director; and\n(e) be published in accordance with directions from the Director.\n(3) The Director must, as soon as reasonably practicable, inform the\nfollowing that the application has been made:\n(b) the Commissioner of Police;\n(c) if the application relates to premises within a local government\narea – the chief executive officer of the local council.\n(4) To avoid doubt, sections 62 and 63 apply to an application if an\nobjection to the application is lodged under section 61.\n\nLiquor Act 2019 68\n","sortOrder":120},{"sectionNumber":"112","sectionType":"section","heading":"Variation on application","content":"112 Variation on application\n(1) When considering an application to vary the conditions of a licence\nor an authority, the Commission must also consider the following:\n(a) the affidavit required by section 54;\n(b) any objection to the application made under section 61;\n(c) any response provided by the applicant under section 62;\n(d) the public interest and community impact requirements.\n(2) After considering the application and the other matters in\nsubsection (1), the Commission must decide whether to:\n(a) vary the conditions of the licence or authority; or\n(b) refuse to vary the conditions of the licence or authority.\n(3) As soon as practicable after making a decision under\nsubsection (2), the Commission must give a decision notice to:\n(4) A variation of the conditions of a licence or an authority takes effect\non the date specified by the Commission in the decision notice.\n","sortOrder":121},{"sectionNumber":"113","sectionType":"section","heading":"Variation by Commission","content":"113 Variation by Commission\n(1) The Commission may, on its own initiative, vary the conditions of a\nlicence or an authority other than a condition added or varied by the\nMinister under section 88.\n(2) Before varying the conditions, the Commission must give the\nlicensee a written notice that:\n(a) states the proposed variation; and\n(b) states the reasons for the proposed variation; and\n(c) invites the licensee to submit a response to the proposed\nvariation within 28 days after the date of the notice.\n\nLiquor Act 2019 69\n(3) The Commission may vary the conditions of the licence or authority\nas proposed in the notice or in another way the Commission\nconsiders appropriate after considering:\n(a) any response of the licensee submitted within the 28-day\nperiod; and\n(b) the results of any hearing; and\n(4) As soon as practicable after deciding to vary the conditions under\nsubsection (3), the Commission must give a decision notice to the\nlicensee.\n(5) The variation takes effect on the later of the following:\n(a) the date on which the licensee receives the decision notice;\n(b) the date stated in the decision notice.\n(6) Subsections (2) to (5) do not apply if the variation is for a formality\nor a clerical reason that does not alter the substance of the\nconditions.\n","sortOrder":122},{"sectionNumber":"114","sectionType":"section","heading":"Limit on variation of conditions","content":"114 Limit on variation of conditions\nThe following cannot be varied by the Commission:\n(a) a condition added by the Minister under section 88;\n(b) the days on which a licensee is prohibited from selling,\nsupplying or serving liquor;\n(c) the requirements to provide information on liquor purchases\nand sales to the Director.\n","sortOrder":123},{"sectionNumber":"115","sectionType":"section","heading":"Hearing by Commission about varying conditions","content":"115 Hearing by Commission about varying conditions\n(1) If the Commission considers it appropriate, the Commission may\nconvene a hearing about whether to vary the conditions of a\n(2) Before convening a hearing, the Commission may do any of the\n(a) publish notice of the time and date for the hearing and the\nproposed variation of the conditions in the way, and within the\nperiod, the Commission considers appropriate;\n\nLiquor Act 2019 70\n(b) invite any person or body to make written submissions in\nrelation to the proposed variation of conditions;\n(c) publish any written submissions received under paragraph (b).\n(3) The Commission may conduct a hearing as the Commission\n","sortOrder":124},{"sectionNumber":"128","sectionType":"section","heading":"Establishing identification system","content":"128 Establishing identification system\n(1) The Minister may establish an identification system for licensees to\ndetermine whether a person is prohibited from purchasing or\nconsuming liquor by any of the following:\n(a) a BDO or court order under the Alcohol Harm Reduction\nAct 2017;\n(b) a bail condition imposed under the Bail Act 1982, other than\n","sortOrder":125},{"sectionNumber":"Part 3","sectionType":"part","heading":"of that Act;","content":"Part 3 of that Act;\n(c) a court order under the Domestic and Family Violence\nAct 2007;\n(d) a provision under a law of the Territory prescribed by\nregulation.\n(2) The system must be designed to:\n(a) enable a licensee or the licensee's employees to scan\napproved forms of identification presented by patrons at the\ntime of purchasing or consuming liquor; and\n(b) indicate to a licensee or the licensee's employees whether the\npatron is prohibited from purchasing or consuming liquor or\nliquor of a particular kind or quantity.\n(3) Only the following forms of identification are approved for the\nidentification system:\n(a) a passport;\n(b) a licence under the Motor Vehicles Act 1949 or under an\nequivalent Act of a State or other Territory;\n(c) a licence granted under the Firearms Act 1997;\n\nLiquor Act 2019 71\n(d) any other form of identification approved by the Director.\n","sortOrder":126},{"sectionNumber":"129","sectionType":"section","heading":"Application of identification system","content":"129 Application of identification system\n(1) The regulations may prescribe which authorities require the use of\nthe identification system.\n(2) The Territory must give a scanner to any licensee who holds an\nauthority that requires the identification system as prescribed by\nregulation.\n","sortOrder":127},{"sectionNumber":"130","sectionType":"section","heading":"Operating identification system","content":"130 Operating identification system\n(1) A licensee must use and maintain the identification system if the\nlicensee holds an authority that requires the identification system as\n(2) If required to use the identification system, a licensee or a\nlicensee's employee must not sell liquor to an individual unless:\n(a) subject to subsection (3), the individual presents an approved\nform of identification of the individual, which appears to be\nauthentic; and\n(b) the licensee or employee operates the system using the\nidentification or the details included in the identification to\ncheck whether the person is prohibited under section 128(1);\nand\n(c) the system indicates the individual is not prohibited under\nsection 128(1).\n(3) In the case of a purchase not made in person, the individual may\nprovide details of an approved form of identification of the individual\ninstead of complying with subsection (2)(a).\n(4) If required to use the identification system, a licensee and the\nlicensee's employees:\n(a) must not disclose or use any information indicated in the\nsystem, except in accordance with this Act or another law of\nthe Territory; and\n(b) must not damage or tamper with the system or any\ncomponent of the system; and\n(c) must maintain the system in accordance with directions from\nthe Commission; and\n\nLiquor Act 2019 72\n(d) must comply with any other requirement prescribed by\nregulation for the system.\n(5) The Commission may, by Gazette notice, exempt an authority from\na requirement in subsection (1), (2) or (4) for the period specified in\nthe notice.\n","sortOrder":128},{"sectionNumber":"131","sectionType":"section","heading":"Offences related to operation of identification system","content":"131 Offences related to operation of identification system\n(1) A licensee commits an offence if the licensee contravenes a\nrequirement in section 130.\n(2) A licensee's employee commits an offence if the employee\ncontravenes a requirement in section 130(2) or (4).\n(3) An offence against subsection (1) or (2) is an offence of strict\nsubsection (1) or (2) if the defendant has a reasonable excuse.\nExample for subsection (4)\nA reasonable excuse for a contravention might be a failure of the identification\nsystem to operate properly for a reason other than the defendant's conduct.\n","sortOrder":129},{"sectionNumber":"132","sectionType":"section","heading":"Entering local liquor accord","content":"132 Entering local liquor accord\n(1) The Director must take all reasonable steps to enter into a local\nliquor accord with licensees to prevent or reduce any anti-social\nbehaviour, disorder, harm and violence, including domestic violence\nas defined in section 5 of the Domestic and Family Violence\nAct 2007, in which liquor is involved.\n(2) The Director may, by written notice, require a licensee to be a party\nto a local liquor accord.\n(3) A licensee is taken to be a party to the local liquor accord within\n14 days after being given the notice in subsection (2).\n(4) The following entities may also be parties to a local liquor accord:\n(a) the Commissioner of Police;\n(b) a local council;\n\nLiquor Act 2019 73\n(c) any body or organisation representing commercial or business\ninterests in a local area;\n(d) a community or residents' group with an interest in preventing\nor reducing alcohol-related violence or in improving the\namenity of a local area;\n(e) a person or body prescribed by regulation.\n(5) A party to a local liquor accord may leave the accord at any time if\nthe party entered into the accord voluntarily.\n","sortOrder":130},{"sectionNumber":"133","sectionType":"section","heading":"Content of local liquor accord","content":"133 Content of local liquor accord\n(1) A local liquor accord may provide for anything that might prevent or\nreduce alcohol-related violence, including the following actions by\nlicensees:\n(a) ceasing or restricting the sale, supply or service of liquor on or\nin the licensed premises earlier than otherwise allowed;\n(b) restricting the public's access to the licensed premises;\n(c) prohibiting or restricting the use of glass containers;\n(d) maintaining a register of incidents of alcohol-related violence;\n(e) installing and operating video surveillance or other security\nsystems;\n(f) providing a specified number and type of security staff on or in\nthe licensed premises;\n(g) charging higher prices for liquor.\n(2) A local liquor accord must include the following:\n(a) the name and address of each party to the accord;\n(b) the name and address of a party, or a representative of a\nparty, who is to be the coordinator for the accord;\n(c) the local area in which the local liquor accord is to apply;\n(d) any other matter prescribed by regulation.\n(3) The Director must publish a local liquor accord in a way determined\nby the Director.\n\nLiquor Act 2019 74\n","sortOrder":131},{"sectionNumber":"134","sectionType":"section","heading":"Effect of local liquor accord","content":"134 Effect of local liquor accord\n(1) A licensee must comply with any local liquor accord to which the\nlicensee is a party.\n(2) Any conduct engaged in by a person for the purpose of preparing a\ndraft local liquor accord, approving a local liquor accord or\npromoting or giving effect to the terms of a local liquor accord, is\nspecifically authorised for the purposes of section 51 of the\nCompetition and Consumer Act 2010 (Cth).\nExample of conduct for preparing a local liquor accord\nHolding a meeting to discuss the option of preparing a local liquor accord.\n(3) Conduct authorised by subsection (2) is authorised only to the\nextent to which the conduct, so far as it consists of things done to\nregulate the sale or supply of liquor or in some other respect, would\notherwise contravene Part IV of the Competition and Consumer\nAct 2010 (Cth).\n","sortOrder":132},{"sectionNumber":"135","sectionType":"section","heading":"Variation and termination of local liquor accord","content":"135 Variation and termination of local liquor accord\n(1) The Director may, on application of a party to a local liquor accord,\nvary it at any time by written notice to the coordinator of the accord.\n(2) Subject to section 132(2), a party to a local liquor accord may only\nbe added or removed with the party's consent.\n(3) The coordinator of a local liquor accord must give written notice to\nthe Director if any party to the accord wishes to terminate the\naccord.\n(4) The Director may terminate a local liquor accord at any time if the\nDirector considers it appropriate to do so.\n(5) As soon as practicable after making a decision under this section,\nthe Director must give a decision notice to each party to the local\nliquor accord.\n","sortOrder":133},{"sectionNumber":"136","sectionType":"section","heading":"Responsible service","content":"136 Responsible service\nA licensee must not take any action that would induce the\nirresponsible or excessive consumption of liquor on or in licensed\npremises contrary to a guideline of the Commission under\nsection 316.\n\nLiquor Act 2019 75\n","sortOrder":134},{"sectionNumber":"137","sectionType":"section","heading":"Responsible service certificate","content":"137 Responsible service certificate\n(1) A licensee must ensure that every employee whose responsibilities\ninvolve serving patrons or supervising the serving of patrons:\n(a) holds a responsible service of alcohol certificate issued by a\nbody:\n(i) accredited by the Australian Skills Quality Authority; or\n(ii) approved by the Commission; and\n(b) completes a refresher course on the responsible service of\nalcohol from a body approved by the Commission if the\ncertificate is more than 3 years old.\n(2) In the case of a new employee who does not hold the certificate,\nbut whose responsibilities involve serving patrons or supervising\nthe serving of patrons, the licensee must ensure that the employee\neither obtains the certificate within 7 days or is removed from those\nresponsibilities.\n(3) A licensee must keep the following:\n(a) a record, in the approved form, of the names of all employees\nwho hold the certificate;\n(b) a copy of each employee's certificate.\n","sortOrder":135},{"sectionNumber":"138","sectionType":"section","heading":"Duty to refuse service","content":"138 Duty to refuse service\nA licensee and the licensee's employees must refuse to serve liquor\nto a person if the licensee or employee believes on reasonable\ngrounds that the person:\n(a) is intoxicated; or\n(b) is registered on the banned drinkers register.\n","sortOrder":136},{"sectionNumber":"139","sectionType":"section","heading":"Power to refuse service","content":"139 Power to refuse service\nA licensee and the licensee's employees may refuse to serve liquor\nto a person if the licensee or employee believes on reasonable\ngrounds that the person:\n(a) will commit an offence against this Act; or\n(b) will become intoxicated; or\n\nLiquor Act 2019 76\n(c) will engage in violent, quarrelsome or disorderly behaviour on\nor in the licensed premises, or in the vicinity of those\npremises; or\n(d) has engaged in any conduct specified in paragraph (c) within\nthe last 12 months.\n","sortOrder":137},{"sectionNumber":"140","sectionType":"section","heading":"No discrimination","content":"140 No discrimination\nTo avoid doubt, a person must not use an attribute specified in\nsection 19(1) of the Anti-Discrimination Act 1992 as a reason to\nform a belief under section 138 or 139.\n","sortOrder":138},{"sectionNumber":"141","sectionType":"section","heading":"Duty and power to exclude and remove persons","content":"141 Duty and power to exclude and remove persons\n(1) A licensee and the licensee's employees must exclude and remove\nfrom the licensed premises any person who is violent, quarrelsome,\ndisorderly or incapable of controlling the person's behaviour, other\nthan a person residing in or lodging at residential accommodation\non or in the licensed premises.\n(2) A licensee and the licensee's employees may exclude and remove\nfrom the licensed premises any person who is intoxicated, other\nthan a person residing in or lodging at residential accommodation\non or in the licensed premises.\n(3) A person commits an offence if the person contravenes\nsubsection (3) if the defendant has a reasonable excuse.\n","sortOrder":139},{"sectionNumber":"142","sectionType":"section","heading":"Power to exclude or remove persons","content":"142 Power to exclude or remove persons\n(1) A licensee, a licensee's employee, an inspector or a police officer\nmay exclude or remove from the licensed premises:\n(a) a person occupying residential accommodation on or in the\nlicensed premises who is intoxicated, violent, quarrelsome,\ndisorderly or incapable of controlling the person's behaviour;\nor\n\nLiquor Act 2019 77\n(b) any person whose presence on or in the licensed premises\nmight:\n(i) render the licensee liable to a penalty under this Act or\nany other law of the Territory; or\n(ii) disrupt the business of the licensee or unreasonably\ninterfere with the wellbeing of other persons lawfully on\nor in the premises; or\n(c) any person convicted of an offence relating to the possession\nor supply of a drug on or in licensed premises within the last\n(2) A licensee, licensee's employee, inspector or police officer\nexercising a power under this section or section 141 may use the\nforce that is reasonably necessary for the purpose.\n(3) A police officer must, on the request of the licensee, licensee's\nemployee or inspector, exclude, remove or assist in excluding or\nremoving from licensed premises any person who is being excluded\nor removed in accordance this section or section 141.\n(4) A person may be excluded or removed from licensed premises\neven if the person is a member of an incorporated association that\nis the licensee in respect of the licensed premises.\n","sortOrder":140},{"sectionNumber":"143","sectionType":"section","heading":"Excluded or removed person","content":"143 Excluded or removed person\n(1) A person who is being excluded or removed in accordance with\nsection 141 or 142 must immediately leave the licensed premises.\n","sortOrder":141},{"sectionNumber":"144","sectionType":"section","heading":"Returning after being excluded or removed","content":"144 Returning after being excluded or removed\n(1) A person excluded or removed from licensed premises under\nsection 141 or 142 must not re-enter, or attempt to re-enter, the\nlicensed premises within 12 hours after the time the person left or\nwas removed from the licensed premises.\n\nLiquor Act 2019 78\n","sortOrder":142},{"sectionNumber":"145","sectionType":"section","heading":"Prohibiting and restricting promotion of irresponsible drinking","content":"145 Prohibiting and restricting promotion of irresponsible drinking\n(1) The Director may, on the grounds specified in subsection (2), issue\na written direction to a licensee that:\n(a) prohibits or restricts the licensee from doing any conduct\nspecified in subsection (2)(a) to (e); or\n(b) requires the licensee to give the Director a report, within a\nspecified period, about action taken to ensure responsible\ndrinking occurs on or in the licensed premises.\n(2) The direction under subsection (1) may be issued if the Director\nbelieves on reasonable grounds that:\n(a) the licensee has committed, is committing, or is about to\ncommit, an offence against this Division; or\n(b) the licensee is encouraging patrons to consume more liquor\nthan normal or to consume liquor more rapidly than normal; or\n(c) the licensee is encouraging the irresponsible, rapid or\nexcessive consumption of liquor on or in the licensed\npremises; or\n(d) the licensee is promoting, or allowing the promotion of, liquor\nin a way that appeals to children through designs, motifs,\ncharacters or other marketing tactics that appeal to children;\nor\n(e) the licensee is promoting liquor in an indecent or offensive\nmanner; or\n(f) it is otherwise in the public interest to issue the direction to\nprohibit or restrict irresponsible drinking.\n(3) The conduct specified in subsection (2)(b) and (c) includes the\n(a) providing extreme discounts to the price of liquor that\nencourages higher consumption of liquor;\n(b) providing significant discounts of limited duration that\nencourages drinking more rapidly;\n(c) serving liquor in non-standard measures that encourages\nhigher consumption of liquor;\n\nLiquor Act 2019 79\n(d) using marketing tactics that rely on emotion to encourage\nirresponsible drinking.\n(4) The direction may be issued in conjunction with any other action\ntaken under this Act.\n(5) A licensee to whom a direction is issued under this section must\ncomply with the direction.\n","sortOrder":143},{"sectionNumber":"146","sectionType":"section","heading":"Controlling promotion of undesirable liquor products","content":"146 Controlling promotion of undesirable liquor products\n(1) The Director may issue a direction to prohibit or restrict the sale,\nsupply or service of any liquor product that, in the opinion of the\nDirector, appeals to children.\n(2) A liquor product is taken to appeal to children if:\n(a) the name of the product or the design of its packaging is\nattractive to children; or\n(b) the product is likely to be confused with a non-alcoholic\nbeverage or confectionary product.\n(3) Before taking action under subsection (1), the Director must give\nthe manufacturer or supplier of the product written notice:\n(a) identifying the liquor product; and\n(b) stating the nature of the proposed prohibition or restriction;\nand\n(c) stating the reasons for the proposed prohibition or restriction;\nand\n(d) inviting the manufacturer or supplier to show cause, in writing\nand within 28 days from the date the notice is given, why the\nproduct should not be prohibited or restricted.\n(4) After considering any response received within 28 days of the date\nof the notice, the Director may:\n(a) take no action; or\n(b) issue a direction prohibiting or restricting the sale or supply of\nthe liquor product.\n(5) As soon as practicable after making a decision under this section,\nthe Director must give a decision notice to the manufacturer or\nsupplier.\n\nLiquor Act 2019 80\n","sortOrder":144},{"sectionNumber":"147","sectionType":"section","heading":"Review by Commission","content":"147 Review by Commission\nThe manufacturer or supplier of a liquor product may, under Part 4\nof the Liquor Commission Act 2018, apply for the review of a\ndecision of the Director prohibiting or restricting the sale or supply\nof the product.\n","sortOrder":145},{"sectionNumber":"148","sectionType":"section","heading":"Offences related to undesirable liquor products","content":"148 Offences related to undesirable liquor products\n(a) the person is subject to a direction under section 146; and\n(c) the conduct results in a contravention of the direction and the\nperson is reckless in relation to that result.\n(a) the person intentionally manufacturers or supplies a liquor\nproduct; and\n(b) the liquor product is prohibited or restricted under section 146;\nand\n(c) the conduct results in a contravention of the prohibition or\nrestriction and the person is reckless in relation to that result.\n(3) Strict liability applies to subsections (1)(a) and (2)(b).\n","sortOrder":146},{"sectionNumber":"149","sectionType":"section","heading":"Scope of audit","content":"149 Scope of audit\nA harm minimisation audit is an audit of a licensee's activities,\noperations and licensed premises to measure the extent to which\nthe licensee does the following:\n(a) promotes the purposes of this Act;\n(b) complies with codes of practice established by the\nCommission under section 20;\n(c) complies with guidelines made by the Commission under\nsection 316;\n\nLiquor Act 2019 81\n(d) complies with any local liquor accord to which the licensee is a\nparty;\n(e) minimises the harm or ill-health caused by the consumption of\n(f) avoids practices that encourage irresponsible drinking;\n(g) ensures liquor is sold, supplied, served and consumed in a\nresponsible manner;\n(h) safeguards public order and safety from any adverse effects of\nthe licence;\n(i) protects the safety, health and welfare of patrons;\n(j) prevents access to liquor by children and other persons who\nare prohibited or restricted from consuming liquor;\n(k) ensures employees properly perform their duties;\n(l) prevents the giving of credit in sales of liquor to patrons;\n(m) reduces or limits increases in anti-social behaviour and\nalcohol-related violence.\n","sortOrder":147},{"sectionNumber":"150","sectionType":"section","heading":"Conducting harm minimisation audit","content":"150 Conducting harm minimisation audit\n(1) The Director may designate a person who is authorised to conduct\nharm minimisation audits.\n(2) Before designating a person, the Director must be satisfied the\nperson has the appropriate qualifications or experience to conduct\na harm minimisation audit.\n(3) The Director may, on the Director's own initiative or in response to a\ncomplaint, direct that a harm minimisation audit be conducted in\nrespect of a licensee.\n(4) The Director must give the licensee written notice of the pending\nharm minimisation audit, including who will conduct it and any terms\nor conditions of the audit.\n(5) A person conducting a harm minimisation audit may exercise the\npowers of an inspector under Part 7, Division 1.\n(6) After conducting a harm minimisation audit, the person must give a\nwritten report on the audit to the licensee and Director.\n\nLiquor Act 2019 82\n(7) The report must be prepared in accordance with any guidelines\nissued by the Commission and include the following:\n(a) the outcome of the harm minimisation audit;\n(b) any changes being recommended to the licensee's activities,\noperations or premises.\n","sortOrder":148},{"sectionNumber":"151","sectionType":"section","heading":"Action after harm minimisation audit","content":"151 Action after harm minimisation audit\n(1) After considering a harm minimisation audit report, the Director may\ndo any of the following in relation to any non-compliance with a\nlicensee's obligations under this Act:\n(a) give the licensee a formal warning;\n(b) issue an infringement notice;\n(c) offer the licensee the option of entering into an enforceable\n(d) refer the matter to the Commission for action under Part 7,\nDivision 4.\n(2) The Director must, as soon as practicable, report to the\nCommission on the action taken under subsection (1).\n","sortOrder":149},{"sectionNumber":"152","sectionType":"section","heading":"Application","content":"152 Application\nThis Division applies to a substance that:\n(a) contains more than 1.15% of ethyl alcohol by volume; and\n(b) is not intended to be ingested.\nExample for section 152\nMouthwash containing alcohol.\n","sortOrder":150},{"sectionNumber":"153","sectionType":"section","heading":"Control of inedible alcohol products","content":"153 Control of inedible alcohol products\n(1) A person must not consume a substance described in section 152\nin any public place.\nSee sections 236 and 243.\n\nLiquor Act 2019 83\n","sortOrder":151},{"sectionNumber":"154","sectionType":"section","heading":"Inspector's identity card","content":"154 Inspector's identity card\nAn inspector must carry the inspector's identity card when\nexercising a power under this Act.\n","sortOrder":152},{"sectionNumber":"155","sectionType":"section","heading":"Entry and inspections by Inspector and police officer","content":"155 Entry and inspections by Inspector and police officer\n(1) An inspector or a police officer may enter and inspect the following\npremises at any time the premises are open or appear to be in use:\n(a) any licensed premises;\n(b) any premises operated by a registered wholesaler;\n(c) any premises operated by a registered complimentary server\nof liquor.\n(2) An inspector or a police officer is not authorised to enter a private\nroom on or in premises without the prior consent of the occupant,\nthe licensee or a person who is apparently in charge of the\npremises, unless the inspector or officer believes on reasonable\ngrounds that an offence against this Act has occurred, is occurring\nor is likely to occur in that room.\n(3) An inspector or a police officer may, at any time, enter and inspect\nany premises if the inspector or officer believes on reasonable\ngrounds that:\n(a) liquor is being sold on or in those premises; or\n(b) liquor is being kept for sale on or in premises which are not\nlicensed premises; or\n(c) an offence against this Act has occurred, is occurring or is\nlikely to occur on or in those premises.\n(4) Before exercising a power under this section, an inspector must\nproduce the inspector's identity card on the request of the occupier\nor a person apparently in charge of the premises.\nprivate room means a room on or in premises that is used\npredominantly for a purpose not related to the operation or\nmanagement of the premises under a licence, a registration as a\nwholesaler under section 33 or a registration under section 41.\n\nLiquor Act 2019 84\n","sortOrder":153},{"sectionNumber":"156","sectionType":"section","heading":"Inspection powers","content":"156 Inspection powers\n(1) An inspector or a police officer may, during an inspection, exercise\nany of the following powers:\n(a) examine, make an inventory of and take samples of any liquor\nor substance found that the inspector or officer believes on\nreasonable grounds to be or to contain alcohol;\n(b) inspect any book, document or other record;\n(c) remove any book, document or record for the purpose of\nhaving copies made;\n(d) seize and remove any liquor or container that the inspector or\nofficer believes on reasonable grounds to be evidence of an\noffence against this Act;\n(e) request a licensee, a registered wholesaler, registered\npremises to answer questions;\n(f) request a licensee, a registered wholesaler, a registered\npremises to produce a document or thing under the person's\ncontrol;\n(g) request a licensee, a registered wholesaler, a registered\npremises to give any other reasonable assistance the\ninspector or officer requires to carry out the inspection.\n(2) An inspector or a police officer may retain a book, document or\nrecord removed or produced under subsection (1) for as long as\nreasonably necessary to make copies of the book, document or\nrecord.\n(3) An inspector or a police officer who takes a sample of liquor or a\nsubstance under subsection (1) must:\n(a) divide the sample into 2 approximately equal parts; and\n(b) put each part in a sealed container to which is affixed a label\nbearing:\n(i) the signature of the inspector or officer; and\n(ii) particulars of the premises on which the sample was\ntaken; and\n\nLiquor Act 2019 85\n(iii) particulars of the date and time when the sample was\ntaken; and\n(c) give one of the containers to the licensee, occupier or other\nperson apparently in charge of the licensed premises; and\n(d) deliver the other container to an analyst approved by the\n(4) An inspector or a police officer may exercise the powers under this\nsection with the reasonable assistance and force that the inspector\nor officer considers necessary.\n(5) Any liquor or substance seized under this section is to be dealt with\nin accordance with Part 12.\n","sortOrder":154},{"sectionNumber":"157","sectionType":"section","heading":"Other powers to detect non-compliance","content":"157 Other powers to detect non-compliance\n(1) For the purpose of investigating what an inspector or a police officer\nbelieves on reasonable grounds is a licensee's non-compliance with\nthis Act, the inspector or officer may offer to purchase, attempt to\npurchase or purchase liquor from a licensee contrary to the\nlicensee's licence or authority.\n(2) An inspector or a police officer need not identify themselves as an\ninspector or a police officer when acting under subsection (1), but\nmust not do any thing additional to encourage a licensee to accept\nthe offer or to sell the liquor.\n(3) Evidence obtained under subsection (1) is not admissible in a\ncriminal prosecution against a person who offered to sell or sold\nliquor as a result of an inspector exercising powers under that\nsubsection.\n(4) Evidence obtained under subsection (1) may be used as follows:\n(a) by the Commission and the Director under Division 4;\n(b) by an inspector or a police officer to locate or identify other\nevidence, which may be used in a criminal proceeding.\n","sortOrder":155},{"sectionNumber":"158","sectionType":"section","heading":"Investigations","content":"158 Investigations\n(1) The Director must conduct an investigation into a licensee, a\nlicence, an authority or licensed premises if:\n(a) the Chairperson requests it; or\n\nLiquor Act 2019 86\n(b) the Director accepts a complaint under section 161.\n(2) An investigation into a complaint accepted under section 161 must\nbe conducted within 90 days after the complaint is accepted or any\nlonger period allowed by the Commission.\n(3) The Director may conduct an investigation into a licensee, a\nlicence, an authority or licensed premises if:\n(a) the Director receives information, other than a complaint,\nabout a contravention of this Act relating to the licensee,\nlicence, authority or licensed premises; or\n(b) the Director otherwise considers it advisable on the Director's\nown initiative.\n(4) An investigation is to be conducted as the Director considers\nappropriate.\n(5) Two or more investigations may be conducted jointly or at the same\ntime.\n(6) The Director must during an investigation:\n(a) inform the licensee of the nature of the investigation, including\nany applicable complaint; and\n(b) give the licensee sufficient opportunity to provide a written\nresponse to the matter under investigation and any applicable\ncomplaint.\n","sortOrder":156},{"sectionNumber":"159","sectionType":"section","heading":"Enforceable undertakings","content":"159 Enforceable undertakings\n(1) As an alternative to disciplinary action, the Director may accept an\nenforceable undertaking given by a licensee for a contravention of\nthis Act that has occurred or is alleged to have occurred.\n(2) If an enforceable undertaking is in force, no disciplinary action may\nbe taken against the licensee in respect of the contravention for\nwhich the undertaking is given.\n(3) The Director may also invite a licensee to give an enforceable\nundertaking to prevent a risk of potential harm even if no\ncontravention of this Act has occurred or is alleged to have\noccurred.\n(4) An enforceable undertaking may provide for the following:\n(a) the prevention of a contravention of this Act;\n\nLiquor Act 2019 87\n(b) matters related to mitigation or remediation in relation to a\ncontravention;\n(c) matters related to the prevention of risks of potential harm;\n(d) any other matter the Director and the licensee consider\nrelevant.\n(5) Acceptance of an enforceable undertaking must be given in writing\nby the Director to the licensee.\n(6) A copy of any accepted enforceable undertaking must be published\non the Director's website.\n(7) An enforceable undertaking cannot be varied or withdrawn without\nthe consent of the Director.\n(8) A licensee's breach of an enforceable undertaking is grounds for\ndisciplinary action against the licensee.\n","sortOrder":157},{"sectionNumber":"160","sectionType":"section","heading":"Making a complaint","content":"160 Making a complaint\n(1) A person may make a complaint against a licensee on any of the\nfollowing grounds:\n(a) the licensee contravened a condition of the licence or\n(b) the licensee or the licensee's employee contravened another\nprovision of this Act or the regulations, whether or not it\nconstitutes an offence;\n(c) the licensee or the licensee's employee contravened another\nlaw of the Territory that regulates:\n(i) the sale, supply, service or consumption of liquor; or\n(ii) the location, construction or facilities of licensed\n(d) the licensee or, if the licensee is a body corporate, an\nexecutive officer of the body corporate, was found by a court\nof competent jurisdiction to be guilty of an offence against a\nlaw of the Territory that is punishable by imprisonment for\n5 years or more;\n(e) the licensee contravened a provision of an enforceable\n\nLiquor Act 2019 88\n(f) the licensee contravened a direction given to the licensee\nunder this Act;\n(g) the licensee's licensed premises are no longer being used:\n(i) for the sale, supply, service or consumption of liquor; or\n(ii) in compliance with the licence and authority;\n(h) the licensee is not a fit and proper person to hold the licence;\n(i) the licensee's nominee is not a fit and proper person and the\nlicensee should reasonably know that;\n(j) an employee of the licensee is not a fit and proper person to\nbe an employee of the licensee and the licensee should\nreasonably know that;\n(k) the licensee obtained the licence by fraud or\nmisrepresentation;\n(l) the licensee holds the licence for the benefit, directly or\nindirectly, of a person to whom the licence would not have\nbeen issued;\n(m) the licensed premises were used in a way that caused:\n(i) disorderly conduct on or in the premises or in the vicinity\nof the premises; or\n(ii) annoyance or disturbance to persons residing, working\nor conducting a business in the vicinity of the premises;\n(n) the licensee is no longer eligible to hold the licence.\n(2) The complaint must:\n(a) be made in the approved form; and\n(b) specify the ground for the complaint; and\n(c) be signed by the complainant; and\n(d) be lodged with the Director.\n(3) A complaint may be made and investigated at any time but, if the\nlicence expired or was cancelled, the complaint must be made\nwithin 6 months after the latest occurrence of a matter that forms a\nground for the complaint.\n\nLiquor Act 2019 89\n","sortOrder":158},{"sectionNumber":"161","sectionType":"section","heading":"Acceptance of complaint","content":"161 Acceptance of complaint\n(1) The Director may refuse to accept a complaint if satisfied that:\n(a) the complaint is frivolous or vexatious; or\n(b) the complaint is trivial; or\n(c) the complaint is misconceived or lacking in substance; or\n(d) no grounds exist for the complaint; or\n(e) the complaint fails to disclose any conduct that contravenes,\nor is likely to contravene, this Act; or\n(f) action to deal with the complaint has little or no chance of\nsuccess.\n(2) Within 14 days after a complaint is lodged, the Director must decide\nwhether to:\n(a) accept the complaint; or\n(b) refuse to accept the complaint.\n(3) Within 14 days after making a decision under subsection (2), the\nDirector must give the complainant written notice of the decision.\n(4) A decision under subsection (2) is not reviewable by the\nCommission or NTCAT.\n","sortOrder":159},{"sectionNumber":"162","sectionType":"section","heading":"Notice to licensee","content":"162 Notice to licensee\n(1) Within 14 days after making a decision to accept a complaint under\nsection 161(2)(a), the Director must give the licensee written notice\nof:\n(a) the substance of the complaint; and\n(b) the Director's intention to investigate the complaint; and\n(c) the licensee's right to respond to the complaint under\n(2) A licensee may respond in writing to a complaint, which must be\nlodged with the Director within 14 days after being given the notice\nreferred to in subsection (1).\n\nLiquor Act 2019 90\n","sortOrder":160},{"sectionNumber":"163","sectionType":"section","heading":"Action after investigation","content":"163 Action after investigation\n(1) On completing an investigation, the Director may do any of the\n(a) take no further action if satisfied that:\n(i) there are no grounds or evidence to justify taking further\naction; or\n(ii) the matter does not warrant taking further action;\n(b) give the licensee a formal warning in relation to the complaint;\n(c) mediate the complaint;\n(d) issue an infringement notice in relation to the complaint;\n(e) enter into an enforceable undertaking with the licensee in\nrelation to the complaint;\n(f) refer the matter to the Commission for disciplinary action.\n(2) The Director may refer to the Commission any other matter suitable\nfor disciplinary action that arises during an investigation.\n(3) Within 14 days after making a decision under subsection (1) or (2),\nthe Director must give a decision notice to the following:\n(a) the complainant;\n(b) the licensee;\n(c) the Commission.\n","sortOrder":161},{"sectionNumber":"164","sectionType":"section","heading":"Referral of disciplinary matter","content":"164 Referral of disciplinary matter\nIf the Director refers a matter to the Commission for disciplinary\naction, the referral must specify details about:\n(a) any response given by the licensee under section 162(2); and\n(b) the result of the investigation; and\n(c) the grounds for disciplinary action.\n\nLiquor Act 2019 91\n","sortOrder":162},{"sectionNumber":"165","sectionType":"section","heading":"Disciplinary action","content":"165 Disciplinary action\n(1) The Commission may take disciplinary action against the licensee\nonly if the Commission is satisfied:\n(a) a ground for the disciplinary action exists; and\n(b) the disciplinary action is appropriate in relation to that ground.\n(2) The Commission may take any of the following disciplinary actions\nagainst a licensee:\n(a) vary the conditions of a licensee's licence or impose additional\nconditions on the licence;\n(b) suspend a licence;\n(c) cancel a licence;\n(d) impose a monetary penalty on a licensee in accordance with\nsection 167;\n(e) direct a licensee to take, or refrain from taking, a specific\naction;\n(f) disqualify a person from holding a licence for a specified\nperiod.\n(3) Subject to section 168, the Commission may take disciplinary\naction against a licensee for a contravention of this Act even if:\n(a) the licensee is issued an infringement notice in relation to that\ncontravention; or\n(b) the licensee is being prosecuted for an offence in relation to\nthat contravention.\n","sortOrder":163},{"sectionNumber":"166","sectionType":"section","heading":"Hearing and decision","content":"166 Hearing and decision\n(1) If the Director refers a matter to the Commission for disciplinary\naction, the Commission must decide whether to take disciplinary\naction against the licensee.\n(2) The Commission must conduct a hearing into any matter referred to\nit by the Director.\n(3) Two or more related matters may be heard jointly or at the same\ntime.\n\nLiquor Act 2019 92\n(4) The Commission may hear a matter not referred to it but which\narises from a matter that was referred to it.\n(5) On completing the hearing, the Commission must:\n(a) dismiss the matter of the hearing; or\n(b) take disciplinary action against the licensee.\n(6) The Commission may dismiss a matter referred to it and cancel a\nhearing if:\n(a) the matter is withdrawn; or\n(b) the Commission is satisfied that the matter should be\ndismissed.\nsubsection (1), the Commission must give a decision notice to the\nparties to the hearing.\n(8) To avoid doubt, this section does not affect the operation of\nsection 257 or 258.\n","sortOrder":164},{"sectionNumber":"167","sectionType":"section","heading":"Monetary penalty","content":"167 Monetary penalty\n(1) The amount of a monetary penalty must not exceed the lesser of\n(a) 200 penalty units;\n(b) in the case of an offence – the maximum amount of the fine\nspecified for the offence.\n(2) A monetary penalty is a debt due to the Territory.\n(3) A licensee must pay any monetary penalty imposed on the licensee\nwithin 28 days, or any longer period allowed by the Commission,\nafter notice of the penalty is given to the licensee.\n(4) To avoid doubt, the monetary penalty is a civil penalty for the\npurposes of the Penalty Units Act 2009.\n","sortOrder":165},{"sectionNumber":"168","sectionType":"section","heading":"Limit on monetary penalty","content":"168 Limit on monetary penalty\n(1) No monetary penalty may be imposed against a licensee for a\ncontravention of this Act if:\n(a) the licensee is issued an infringement notice in relation to that\ncontravention; or\n\nLiquor Act 2019 93\n(b) the licensee is being prosecuted for an offence in relation to\nthat contravention.\n(2) However, a monetary penalty may be imposed by the Commission\nagainst a licensee specified in subsection (1) if:\n(a) the infringement notice is withdrawn; or\n(b) the prosecution is discontinued.\n(3) The Commission must take into account any penalty imposed by a\ncourt of competent jurisdiction on a licensee when taking\ndisciplinary action against a licensee.\n","sortOrder":166},{"sectionNumber":"169","sectionType":"section","heading":"Register of enforcement matters","content":"169 Register of enforcement matters\n(1) The Director must maintain a register to record:\n(a) any enforceable undertaking; and\n(b) any disciplinary action taken by the Commission.\n(2) The register must contain the following information:\n(a) the name and address of the licensee involved;\n(b) the date of any disciplinary action or any enforceable\n(c) a copy of all decisions of the Commission regarding any\ndisciplinary action;\n(d) a copy of any enforceable undertaking;\n(e) the details of any expiry, withdrawal or variation of an\nundertaking.\n(3) The register must be published on the Director's website.\n\nLiquor Act 2019 94\n","sortOrder":167},{"sectionNumber":"170","sectionType":"section","heading":"Definitions","content":"170 Definitions\ninterim alcohol protected area means any alcohol protected area\nunder the Stronger Futures in the Northern Territory Act 2012 (Cth)\nas in force immediately before 17 July 2022.\nregistered owner, see section 4 of the Land Title Act 2000.\n","sortOrder":168},{"sectionNumber":"170A","sectionType":"section","heading":"Prohibition of liquor in interim alcohol protected areas","content":"170A Prohibition of liquor in interim alcohol protected areas\n(1) Subject to subsection (4), liquor is prohibited in an interim alcohol\nprotected area to the extent it is not otherwise prohibited in the area\n(2) The Director must publish on the Director's website the boundaries\nof each interim alcohol protected area.\n(3) The prohibitions of a general restricted area or special restricted\narea that overlaps with an interim alcohol protected area prevail\nover any inconsistent provisions of the interim alcohol protected\n(4) An area ceases to be an interim alcohol protected area:\n(a) if it is revoked by the Director under section 170AB; or\n(b) if it is subsumed by a general restricted area that applies to\nthe same or substantially the same area as the interim alcohol\nprotected area.\n(5) Sections 201 to 207 apply to enable a person to apply for a permit\nto exempt a person from the prohibitions in an interim alcohol\nprotected area as if a reference in those sections to a general\nrestricted area were a reference to an interim alcohol protected\n170AB Revocation of interim alcohol protected area\n(1) Any person may request the Director to revoke an interim alcohol\nprotected area.\n\nLiquor Act 2019 95\n(2) The request must be:\n(a) in the approved form; and\n(b) accompanied by:\n(i) a statement of support by the registered owner of any\nland in the area to which the request applies; and\n(ii) a copy of the community alcohol plan for the area; and\n(iii) evidence that the community alcohol plan is supported\nby at least 60% of the adults who reside in the area.\n(3) The Director may request the applicant to provide any additional\ninformation the Director requires to make a decision on the request.\n(4) The Director may reject a request if the Director is satisfied the\nrequest is frivolous or vexatious.\n(5) Before making a decision on the request, the Director must consult\nwith the following:\n(a) the Commissioner of Police;\n(b) the Chief Executive Officer of the Agency administering the\nAlcohol Harm Reduction Act 2017;\n(c) the main health services providers for residents of the area;\n(d) any other person the Director considers necessary to consult\nwith to establish compliance with subsection (6)(a).\n(6) The Director may revoke all or part of an interim alcohol protected\narea if the Director is satisfied:\n(a) the revocation:\n(i) is in the public interest; and\n(ii) is not likely to have a significant adverse impact on the\nTerritory community; and\n(b) the community alcohol plan for the area:\n(i) complies with this Division and is not otherwise\ninconsistent with this Act or the Regulations; and\n(ii) is supported by at least 60% of the adults who reside in\nthe area.\n\nLiquor Act 2019 96\n(7) If the Director revokes an interim alcohol protected area, the\nDirector must publish:\n(a) by Gazette notice:\n(i) the boundaries of the area in which alcohol is no longer\nprohibited; and\n(ii) a provision for when the revocation takes effect; and\n(b) on the Director's website – the community alcohol plan for the\n(8) For subsection (7)(a)(ii), a provision for when the revocation takes\neffect may be contingent on the full or partial implementation of the\ncommunity alcohol plan.\n170AC Referral to Commission\n(1) At any stage of the process for considering a request under\nsection 170AB(1) the Director may refer the request to the\n(2) If the Director refers a request to the Commission under\nsubsection (1), section 170AB applies to the Commission as if a\nreference to the Director were a reference to the Commission.\nNote for section 170AC\nSee the Liquor Commission Act 2018 for the powers of the Commission on\nreferral of a matter under this Act.\n170AD Community alcohol plan\n(1) A community alcohol plan must:\n(a) be in writing; and\n(b) be consistent with this Act and the Regulations; and\n(c) state the period for which it is to have effect; and\n(d) include the matters prescribed by regulation.\n(2) Before a proposed community alcohol plan is submitted to the\nDirector under section 170AB(2)(b), the person making the request\nunder section 170AB(1) must:\n(a) consult with members of the community to which the proposed\nplan would apply, in the manner (if any) prescribed by\nregulation; and\n\nLiquor Act 2019 97\n(b) ascertain that the proposed plan is supported by at least 60%\nof the adults who reside in the area to which it would apply, in\naccordance with any requirements prescribed by regulation.\nExample for subsection (2)(b)\nThe applicant may wish to engage the Northern Territory Electoral Commission\nto conduct a ballot of the community.\n170AE No review by NTCAT\nA decision of the Director or the Commission under this Division is\nnot reviewable by NTCAT.\n","sortOrder":169},{"sectionNumber":"170B","sectionType":"section","heading":"Offence for interim alcohol protected area","content":"170B Offence for interim alcohol protected area\n(a) brings liquor into an interim alcohol protected area; or\n(b) possesses liquor, or has liquor under the person's control, in\nan interim alcohol protected area; or\n(c) consumes liquor in an interim alcohol protected area; or\n(d) sells, supplies or serves liquor in an interim alcohol protected\na destination outside the interim alcohol protected area to\nanother destination outside the interim alcohol protected area.\n(4) An offence against subsection (1) is taken to be a forfeiture offence.\n\nLiquor Act 2019 98\n(5) In any proceeding for an offence against subsection (1), a\nplace was or was not, at a specified time, within an interim alcohol\nprotected area, is evidence of the facts stated.\n","sortOrder":170},{"sectionNumber":"170C","sectionType":"section","heading":"Enforcement","content":"170C Enforcement\nThe powers of an inspector or a police officer under sections 238\nand 241 may be exercised in relation to an interim alcohol protected\narea as if it were a general restricted area.\n","sortOrder":171},{"sectionNumber":"170D","sectionType":"section","heading":"Repeal of Division","content":"170D Repeal of Division\n(1) Subject to subsection (2), this Division is repealed on\n(2) The Regulations may vary the date of repeal provided by\n","sortOrder":172},{"sectionNumber":"171","sectionType":"section","heading":"No consumption in prohibited public places","content":"171 No consumption in prohibited public places\n(1) Subject to Division 6, a person must not consume liquor in any\npublic place (or in a vehicle at a public place) in the following\nlocations:\n(a) Alice Springs;\n(b) Darwin;\n(c) Katherine;\n(d) Palmerston;\n(e) Tennant Creek;\n(f) the Darwin Waterfront Precinct specified under section 4 of\nthe Darwin Waterfront Corporation Act 2006;\n(g) any local government area that a local council declares, by\nnotice published on the council's website, to be subject to this\nprohibition;\n(h) any public place not within a location specified by\nparagraphs (a) to (g) but within 2 km of licensed premises;\n(i) any place prescribed by regulation.\n\nLiquor Act 2019 99\n(2) If a person contravenes subsection (1):\n(a) the person may be searched under section 236; and\n(b) the liquor may be seized and disposed of under section 243.\n","sortOrder":173},{"sectionNumber":"171A","sectionType":"section","heading":"Offence relating to consumption of liquor in prohibited public","content":"171A Offence relating to consumption of liquor in prohibited public\nplaces\n(1) A person commits an offence of strict liability if the person:\n(a) consumes liquor in a public place, or in a vehicle in a public\nplace, in a location referred to in section 171(1); and\n(b) engages in conduct that causes a nuisance to other people in,\nor within the vicinity of, a public place.\nMaximum penalty: 5 penalty units.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes that the owner or\noccupier of the public place gave permission under section 200 for\nthe defendant to consume liquor in the public place.\n","sortOrder":174},{"sectionNumber":"172","sectionType":"section","heading":"Power to declare general restricted area","content":"172 Power to declare general restricted area\n(1) The Commission may, by Gazette notice, declare a specified area\nof land to be a general restricted area in which liquor is prohibited.\n(2) A declaration of a general restricted area may be made on the\nCommission's own initiative or on application under section 174.\n(3) The declaration must specify the following:\n(a) the boundaries of the general restricted area;\n(b) the prohibitions or restrictions in the general restricted area;\n(c) when the declaration expires;\n(d) any other matters the Commission considers appropriate.\n(4) The Commission may provide that one or more types of liquor are\nprohibited or not prohibited in a general restricted area.\nExample for subsection (4)\nAll liquor is prohibited in the general restricted area except low-strength beer.\n\nLiquor Act 2019 100\n(5) The following are prohibited in a general restricted area:\n(a) the bringing of prohibited liquor into the area;\n(b) the possession of prohibited liquor in the area;\n(c) the consumption of prohibited liquor in the area;\n(d) the sale, supply and service of prohibited liquor in the area.\n","sortOrder":175},{"sectionNumber":"173","sectionType":"section","heading":"Offence for general restricted area","content":"173 Offence for general restricted area\n(a) brings prohibited liquor into a general restricted area; or\n(b) possesses prohibited liquor, or has prohibited liquor under the\nperson's control, in a general restricted area; or\n(c) consumes prohibited liquor in a general restricted area; or\n(d) sells, supplies or serves prohibited liquor in a general\nrestricted area.\na destination outside the general restricted area to another\ndestination outside the general restricted area.\n","sortOrder":176},{"sectionNumber":"174","sectionType":"section","heading":"Application for general restricted area","content":"174 Application for general restricted area\n(1) Any person may apply to the Commission for the declaration of a\ngeneral restricted area.\n\nLiquor Act 2019 101\n(2) The application must be in the approved form and lodged with the\n(3) The application must include the following:\n(a) a detailed explanation of the restriction being proposed;\n(b) a detailed description of the proposed general restricted area;\n(c) the reasons for the proposed restriction.\n(3A) If a community alcohol plan is prepared for the proposed general\nrestricted area, the application must be accompanied by a copy of\nthe plan.\n(4) The Director may reject an application if the Director is satisfied the\napplication is frivolous or vexatious.\n","sortOrder":177},{"sectionNumber":"175","sectionType":"section","heading":"Consultation and notice of restriction","content":"175 Consultation and notice of restriction\n(1) The Director must give notice of any proposed general restricted\narea to the following:\n(a) any licensee whose licensed premises are in the area;\n(b) any applicant for a licence whose proposed licensed premises\nare in the area;\n(c) any licensee whom the Director considers may be affected\nadversely by the proposed restriction;\n(d) any local council in the proposed area.\n(2) The notice must include the following:\n(a) a detailed explanation of the proposed restriction;\n(b) a detailed description of the proposed general restricted area;\n(c) the reasons for the restriction;\n(d) an invitation to make written submissions to the Commission\nabout the proposed restriction.\n(3) The Director must take reasonable steps to consult on the\nproposed restriction with:\n(a) the people who reside in the proposed area; and\n(b) any local council in the proposed area.\n\nLiquor Act 2019 102\n","sortOrder":178},{"sectionNumber":"176","sectionType":"section","heading":"Director to report to Commission","content":"176 Director to report to Commission\nThe Director must report to the Commission on the following:\n(a) any submissions made in response to the notice under\nsection 175;\n(b) any opinions and advice provided in response to the\nconsultation under that section.\n","sortOrder":179},{"sectionNumber":"177","sectionType":"section","heading":"Decision on restriction","content":"177 Decision on restriction\n(1) The Commission must make its decision on whether to declare a\ngeneral restricted area after considering the following:\n(a) any application under section 174 to declare the general\nrestricted area;\n(b) the report by the Director;\n(2) As soon as practicable after making a decision under\nsubsection (1), the Commission must give a decision notice to each\nperson referred to in section 175(1).\n(3) A general restricted area in the declaration may be different from\nthe proposed area, but must include part of the proposed area.\n","sortOrder":180},{"sectionNumber":"178","sectionType":"section","heading":"Publication of general restricted area","content":"178 Publication of general restricted area\n(1) Within 28 days after the date of publication of the Gazette notice\nreferred to in section 172(1), the Commission must publish the\nfollowing in a way determined by the Commission:\n(a) the boundaries of the general restricted area;\n(b) the prohibitions or restrictions in the general restricted area;\n(c) any other relevant details of the declaration;\n(d) any other matters the Commission considers appropriate.\n(2) Subsection (1) applies to any variation or revocation of the\n\nLiquor Act 2019 103\n","sortOrder":181},{"sectionNumber":"179","sectionType":"section","heading":"Commencement of general restricted area","content":"179 Commencement of general restricted area\nA declaration of a general restricted area has effect on the later of\n(a) the date of publication of the Gazette notice referred to in\nsection 172(1);\n(b) the date specified in the declaration.\n","sortOrder":182},{"sectionNumber":"180","sectionType":"section","heading":"Variation of general restricted area","content":"180 Variation of general restricted area\n(1) The Commission may, on application or its own initiative, vary or\nrevoke a declaration regarding a general restricted area.\n(2) Sections 175 to 179 apply, with the necessary changes, to any\nvariation or revocation of a declaration regarding a general\nrestricted area in the same manner as a declaration.\n","sortOrder":183},{"sectionNumber":"181","sectionType":"section","heading":"Warning of general restricted area","content":"181 Warning of general restricted area\n(1) The Commission must take all steps it considers necessary to warn\nthe public of a general restricted area at:\n(a) the places where a road or other customary route enters the\ngeneral restricted area; and\n(b) the customary departure locations for any vessels or aircraft\ntravelling into the general restricted area.\n(2) The warning must state the following:\n(b) a summary of the offence against section 173;\n(c) any other matters the Commission considers appropriate.\n","sortOrder":184},{"sectionNumber":"182","sectionType":"section","heading":"Declaration of special restricted area","content":"182 Declaration of special restricted area\n(1) The Minister may, by Gazette notice, declare an area of land to be\na special restricted area if the Minister thinks the declaration is\nurgently needed for the wellbeing of one or more communities in\nthe vicinity of the area.\n(2) The declaration must specify the following:\n(a) the boundaries of the special restricted area;\n\nLiquor Act 2019 104\n(b) the prohibitions or restrictions in the special restricted area;\n(c) when the declaration expires.\n(d) any other matters the Minister considers appropriate.\n(3) The Minister may, by Gazette notice, vary, extend or revoke a\ndeclaration before it expires.\n(4) A declaration may be extended more than once.\n(5) The Minister must make the decision on whether to declare a\nspecial restricted area after considering:\n(a) any information, advice or recommendation the Minister may\nrequest from the Commission; and\n(b) the public interest and community impact requirements.\n(6) If the special restricted area includes within its boundaries any\nportion of a general restricted area, the operation of the declaration\nin that portion of the general restricted area:\n(a) is suspended while the declaration under subsection (1) is in\nforce; and\n(b) resumes when the declaration under subsection (1) expires.\n(7) The Minister must table a copy of a declaration made under this\nsection in the Legislative Assembly within 6 sitting days after\nmaking the declaration.\n","sortOrder":185},{"sectionNumber":"183","sectionType":"section","heading":"Offence relating to special restricted areas","content":"183 Offence relating to special restricted areas\n(a) brings prohibited liquor into a special restricted area; or\n(b) has prohibited liquor in the person's possession, or under the\nperson's control, in a special restricted area; or\n(c) consumes prohibited liquor in a special restricted area; or\n(d) sells, supplies or serves prohibited liquor in a special restricted\n\nLiquor Act 2019 105\na destination outside the special restricted area to another\ndestination outside the special restricted area.\n","sortOrder":186},{"sectionNumber":"184","sectionType":"section","heading":"Publication of special restricted area","content":"184 Publication of special restricted area\n(1) Within 28 days after the date of publication of the Gazette notice\nreferred to in section 182, the Minister must publish the following in\nthe way determined by the Minister:\n(a) the boundaries of the special restricted area;\n(b) the prohibitions or restrictions in the special restricted area;\n(c) other details of the declaration;\n(d) any other matters the Minister considers appropriate.\n(2) Subsection (1) applies to any variation or revocation of the\n","sortOrder":187},{"sectionNumber":"185","sectionType":"section","heading":"Commencement of special restricted area","content":"185 Commencement of special restricted area\nA declaration of a special restricted area has effect on the later of\nthe following dates:\n(a) the date of publication of the Gazette notice referred to in\nsection 182;\n(b) the date specified in the declaration.\n","sortOrder":188},{"sectionNumber":"186","sectionType":"section","heading":"Warning of special restricted area","content":"186 Warning of special restricted area\n(1) Before the declaration takes effect, the Minister must take all steps\nthe Minister considers necessary to warn the public of the special\nrestricted area.\n\nLiquor Act 2019 106\n(2) The warning must state the following:\n(b) a summary of the offence against section 183;\n(c) any other matters the Minister considers appropriate.\n(3) The Minister may enter into an arrangement with any local council\nin the special restricted area to give the public warning required\nunder subsection (2).\n(4) Subsection (2) applies to any variation of the declaration.\n(5) The duty to warn the public under this section ceases when the\ndeclaration expires.\n","sortOrder":189},{"sectionNumber":"187","sectionType":"section","heading":"Delegation by Minister","content":"187 Delegation by Minister\nThe Minister may delegate any of the Minister's functions under this\nDivision to the Commission.\n","sortOrder":190},{"sectionNumber":"188","sectionType":"section","heading":"Power to declare restricted premises","content":"188 Power to declare restricted premises\nThe Director may, on application, declare any of following to be\nrestricted premises:\n(a) residential premises;\n(b) privately owned land and any building or structure on the land,\nincluding any part of the land, building or structure that is open\nto and used by the public;\n(c) Crown land that is leased or occupied under a licence or\nagreement;\n(d) a retail shopping centre as defined in section 5(1) of the\nBusiness Tenancies (Fair Dealings) Act 2003;\n(e) a church or other building owned by a religious body and used\nfor public worship;\n(f) a hospital or other premises providing health services;\n(g) a school or other educational premises;\n(h) any land, premises or other place prescribed by regulation.\n\nLiquor Act 2019 107\n","sortOrder":191},{"sectionNumber":"189","sectionType":"section","heading":"Offence in relation to restricted premises","content":"189 Offence in relation to restricted premises\n(1) A person must not:\n(a) bring liquor onto or into restricted premises; or\n(b) have possession of liquor on or in restricted premises; or\n(c) consume liquor on or in restricted premises.\n(a) the liquor was:\n(i) on or in restricted premises belonging to a religious\nbody; and\n(ii) used for public worship; and\n(iii) intended for use in connection with the celebration of a\nreligious service by a person approved by the Director;\nor\n(b) the person was:\n(i) passing through an area of restricted premises open to\nand used by the public; and\n(ii) in possession of an unopened container of liquor\nintended for consumption elsewhere.\n","sortOrder":192},{"sectionNumber":"190","sectionType":"section","heading":"Application for declaration of restricted premises","content":"190 Application for declaration of restricted premises\n(1) An application for a declaration of restricted premises may be made\nby an owner or occupier of the place to be restricted.\n(2) An application for a declaration of restricted premises may be made\nfor any part of the place that is open to and used by the public by\n(a) a person residing in or conducting business in the\nneighbourhood of the place;\n(b) a charity or a community-based organisation or body whose\nactivities are connected with or relevant to the neighbourhood\nof the place;\n\nLiquor Act 2019 108\n(c) a police officer of or above the rank of Senior Sergeant.\n(3) An application for a declaration of restricted premises may be made\nfor a public housing residence by a police officer of or above the\nrank of Assistant Commissioner.\n(4) An application may be made by a representative on behalf of the\n","sortOrder":193},{"sectionNumber":"191","sectionType":"section","heading":"Application process","content":"191 Application process\n(1) The application must be in the approved form and lodged with the\n(2) The application must include the following:\n(a) the name and contact information of the applicant and any\nrepresentative of the applicant;\n(b) a detailed explanation of the restriction being sought for the\nplace;\n(c) a detailed description of the proposed restricted premises;\n(d) the reasons for the proposed restriction;\n(e) if the applicant is not the occupier of the place:\n(i) the name and contact information of the owner; and\n(ii) a statement of whether the owner was informed of the\napplication.\n(3) The Director may request additional information from the applicant\nor applicant's representative.\n(4) The Director may reject an application if satisfied the application is\nfrivolous or vexatious.\n","sortOrder":194},{"sectionNumber":"192","sectionType":"section","heading":"Consultation on application","content":"192 Consultation on application\n(1) As soon as practicable after the Director receives an application to\nrestrict a place, the Director must consult with the following:\n(a) all occupiers of the place;\n(b) all owners of the place;\n(c) the Commissioner of Police.\n\nLiquor Act 2019 109\n(2) The consultation may be conducted in any manner the Director\n","sortOrder":195},{"sectionNumber":"193","sectionType":"section","heading":"Decision after consultation","content":"193 Decision after consultation\n(1) No declaration may be made unless the Director is satisfied that:\n(a) the declaration would:\n(i) be in the public interest; or\n(ii) reflect the wishes of a majority of the occupiers of the\nproposed restricted premises; and\n(b) the declaration is practicable in the circumstances.\n(2) The Director must make a decision on whether to declare a place to\nbe restricted premises after considering the following:\n(a) the application;\n(b) the results of the consultation;\n(3) The restricted premises in the declaration may be different from the\nproposed restricted premises in the application, but must include\npart of the proposed restricted premises.\nsubsection (2), the Director must give a decision notice to the\n","sortOrder":196},{"sectionNumber":"194","sectionType":"section","heading":"Commencement of restriction","content":"194 Commencement of restriction\nA declaration of restricted premises takes effect from the time\nnotice of the declaration is displayed at the restricted premises\nunder section 196.\n","sortOrder":197},{"sectionNumber":"195","sectionType":"section","heading":"Variation of restriction","content":"195 Variation of restriction\n(1) The Director may, on application, vary a declaration of restricted\npremises by reducing or enlarging the places to which the\ndeclaration relates.\n(2) Sections 189 to 196 apply, with the necessary changes, to the\nvariation of a declaration in the same manner as a declaration.\n\nLiquor Act 2019 110\n","sortOrder":198},{"sectionNumber":"196","sectionType":"section","heading":"Warning of restricted premises","content":"196 Warning of restricted premises\n(1) Within 14 days after making a declaration of restricted premises,\nthe Director must display a notice outside the place warning the\npublic of the restricted premises.\n(2) The notice must include the following:\n(b) a summary of the offences against sections 189 and 197;\n(c) any other information the Director considers appropriate.\n(3) The Director must:\n(a) revise the notice to include any variation of the declaration;\nand\n(b) remove the notice as soon as practicable after the declaration\nexpires or is revoked.\n","sortOrder":199},{"sectionNumber":"197","sectionType":"section","heading":"Removing, defacing or interfering with notice","content":"197 Removing, defacing or interfering with notice\n(1) Subject to subsection 196(3), a person must not remove, deface or\notherwise interfere with the notice of the declaration.\n","sortOrder":200},{"sectionNumber":"198","sectionType":"section","heading":"Expiry of restriction","content":"198 Expiry of restriction\n(1) If the declaration was made on the application of an owner or\noccupier of the place, the declaration expires if:\n(a) the owner's title to the place is transferred; or\n(b) the occupier's lease of the place expires or is terminated.\n(2) The owner of the restricted premises must give written notice to the\nDirector if ownership of the place is transferred or the lease expires\nor is terminated.\n\nLiquor Act 2019 111\n","sortOrder":201},{"sectionNumber":"199","sectionType":"section","heading":"Revocation of restriction","content":"199 Revocation of restriction\n(1) The Director may, on application or the Director's own initiative,\nrevoke a declaration of restricted premises.\n(2) An application to revoke a declaration may be made by the\n(a) the applicant for the declaration or the applicant's\nrepresentative;\n(b) an occupier of the restricted premises.\n(3) As soon as practicable after making a decision under this section,\nthe Director must give a decision notice to the applicant.\n","sortOrder":202},{"sectionNumber":"200","sectionType":"section","heading":"Permission for prohibited public place","content":"200 Permission for prohibited public place\n(1) The owner or occupier of a public place listed in section 171(1) may\ngive permission for the consumption of liquor on or in all or a part of\nthat place.\n(2) The permission may be given generally to the public or to specific\npersons, bodies or groups, with or without conditions.\n(3) The permission of a local council must be given in writing.\n","sortOrder":203},{"sectionNumber":"201","sectionType":"section","heading":"Permit for restricted areas","content":"201 Permit for restricted areas\n(1) A person may apply for a permit to exempt the person from the\nrestrictions in:\n(a) a general restricted area; and\n(b) a special restricted area.\n(2) The Director may grant a permit to a person to do one or more of\n(a) bring liquor into the restricted area;\n(b) possess liquor, or have control of liquor, in the restricted area;\n(c) consume liquor in the restricted area.\n(3) The permit may only be granted to a person who:\n(a) resides in the restricted area; or\n\nLiquor Act 2019 112\n(b) is temporarily living in the restricted area; or\n(c) intends to temporarily live in the restricted area.\n(4) The Director may grant a permit subject to the conditions the\nDirector considers appropriate.\n","sortOrder":204},{"sectionNumber":"202","sectionType":"section","heading":"Application for permit","content":"202 Application for permit\n(1) An application for a permit must be in the approved form and\nlodged with the Director.\n(2) An applicant for a permit must satisfy the Director that issuing the\npermit:\n(b) will not have a significant adverse impact on the community.\n(3) The application must include the applicant's reasons for wanting the\npermit.\n(4) The Director may reject an application if satisfied the application is\nfrivolous or vexatious.\n","sortOrder":205},{"sectionNumber":"203","sectionType":"section","heading":"Decision on application","content":"203 Decision on application\n(1) The Director must take reasonable steps to consult on the\nproposed permit with the following:\n(a) the residents of the restricted area;\n(b) any local council in the restricted area;\n(c) the Commissioner of Police;\n(d) any permit committee established for the restricted area under\nthe regulations.\n(2) Before making a decision, the Director must consider the following:\n(a) the application;\n(b) the results of the consultation;\n(3) After considering the matters specified in subsection (2), the\nDirector must:\n(a) approve the application and issue the permit; or\n\nLiquor Act 2019 113\n(b) refuse to issue the permit.\nsubsection (1), the Director must give a decision notice to the\n","sortOrder":206},{"sectionNumber":"204","sectionType":"section","heading":"Guests of permit holder","content":"204 Guests of permit holder\nA person may consume liquor at the invitation of the holder of a\npermit if the person:\n(a) is a guest of the holder of the permit on or in premises owned\nor occupied by the holder of the permit; and\n(b) does not reside in the restricted area to which the permit\nrelates.\n","sortOrder":207},{"sectionNumber":"205","sectionType":"section","heading":"Delivery of liquor to permit holder","content":"205 Delivery of liquor to permit holder\nFor the purpose of delivering liquor to a permit holder, a licensee or\ntheir agent may:\n(a) bring liquor owned, or ordered under a contract of purchase,\nby the holder of the permit into the restricted area to which the\npermit relates; and\n(b) possess, or have control of that liquor, in the restricted area to\nwhich the permit relates.\n","sortOrder":208},{"sectionNumber":"206","sectionType":"section","heading":"Revocation of permit","content":"206 Revocation of permit\n(1) The Director may revoke a permit if the holder of the permit:\n(a) contravenes a condition of the permit; or\n(b) moves to a place outside the restricted area to which the\npermit relates.\n(2) As soon as practicable after making the decision, the Director must\ngive a decision notice to the person who held the permit.\n","sortOrder":209},{"sectionNumber":"207","sectionType":"section","heading":"Offences related to permits","content":"207 Offences related to permits\n(1) A person commits an offence if the person contravenes a condition\nof a permit.\n(2) The holder of a revoked permit must return it to an inspector or a\npolice officer when requested to do so by an inspector or officer.\n\nLiquor Act 2019 114\n(3) A person commits an offence if the person contravenes\n(4) An offence against subsection (1) or (3) is an offence of strict\n","sortOrder":210},{"sectionNumber":"208","sectionType":"section","heading":"Definitions","content":"208 Definitions\nIn this Part:\nbanned person means an individual who is subject to a notice\nunder section 212.\nbanning notice means a notice under section 212.\nbanning offence means an offence listed in section 209.\nexcluded person means an individual who is subject to an order\nunder section 220 or 222.\nexclusion order means an order under section 220 or 222.\nhigh risk area means an area of land declared to be a high risk\narea under section 210.\n","sortOrder":211},{"sectionNumber":"209","sectionType":"section","heading":"Applicable offences","content":"209 Applicable offences\n(1) A banning notice or an exclusion order may be issued in relation to\nan offence against any of the following:\n(a) section 228;\n(b) section 43BF of the Criminal Code as it relates to section 243\nof the Criminal Code (arson);\n(ba) section 66, 166, 174C, 174D, 174E, 176A(2), 177, 181, 186,\n188, 188A, 189A, 193B, 200, 208H, 208HA, 208HB, 208NA,\n220, 221, 225(3), 241(1) or 243(1) of the Criminal Code;\n(bb) sections 212, 213 and 215 of the Criminal Code, as in force\nimmediately before the commencement of section 10 of the\nCriminal Code Amendment (Property Offences) Act 2022;\n\nLiquor Act 2019 115\n(c) section 47, 47AA, 50 or 53 of the Summary Offences\nAct 1923;\n(d) section 7(1), 7A or 8 of the Weapons Control Act 2001;\n(e) any other offence prescribed by regulation.\n(2) To avoid doubt, this Part does not apply retrospectively to any\nconduct, in relation to an offence, before the offence is listed in or\nprescribed under subsection (1).\n","sortOrder":212},{"sectionNumber":"Div 2","sectionType":"division","heading":"High risk areas","content":"Division 2 High risk areas\n","sortOrder":213},{"sectionNumber":"210","sectionType":"section","heading":"Declaration of a high risk area","content":"210 Declaration of a high risk area\n(1) The Minister may, by Gazette notice, declare an area to be a high\nrisk area if:\n(a) alcohol-related violence occurred in a public place within the\nvicinity of licensed premises in the area; and\n(b) the Minister believes that banning notices and exclusion\norders are a reasonable way of preventing or reducing the\nfurther occurrence of alcohol-related violence in the area.\n(2) Before making a declaration under subsection (1), the Minister may\nconsult with the Commission, the Commissioner of Police and any\nother person the Minister considers appropriate.\n","sortOrder":214},{"sectionNumber":"211","sectionType":"section","heading":"Variation and revocation of declaration of high risk area","content":"211 Variation and revocation of declaration of high risk area\n(1) The Minister may, by Gazette notice, vary or revoke a declaration of\na high risk area at any time.\n(2) The Minister must, by Gazette notice, revoke a declaration of a high\nrisk area if the Minister believes that alcohol-related violence is no\nlonger occurring in the high risk area.\n","sortOrder":215},{"sectionNumber":"212","sectionType":"section","heading":"Police power to give banning notice","content":"212 Police power to give banning notice\n(1) A police officer may issue a banning notice to a person if the officer\nbelieves on reasonable grounds that:\n(a) the person is committing or has committed a banning offence\nwholly or partly in a high risk area; and\n(b) the person is likely to continue to commit a banning offence in\na high risk area; and\n\nLiquor Act 2019 116\n(c) the banning offence has caused, or may cause, alcohol-\nrelated violence in a high risk area; and\n(d) the notice would be a reasonable way of preventing the\nperson from continuing to commit the banning offence or\ncommitting another banning offence in a high risk area.\n(2) In determining whether the belief is reasonable, the police officer\nmust consider each of the following:\n(a) the apparent state of health of the person to whom the notice\nwould apply;\n(b) whether the person should be arrested or held in custody\npending the hearing of any charges against the person in\nrelation to the banning offence;\n(c) whether the person is capable of comprehending the nature\nand effect of the notice;\n(d) any other matter the officer considers relevant.\n(3) Only one banning notice may be issued to a person in relation to\nthe same banning offence.\n(4) However, another banning notice in relation to a different banning\noffence may be issued to a banned person, even for the same high\nrisk area or the same licensed premises.\n","sortOrder":216},{"sectionNumber":"213","sectionType":"section","heading":"Requirements before giving banning notice","content":"213 Requirements before giving banning notice\n(1) If a police officer intends to issue a banning notice to a person, the\nofficer must:\n(a) produce the officer's police identification unless the officer is in\nuniform; and\n(b) inform the person of the officer's intention of giving the notice.\n(2) The person to whom the notice is being issued may ask the police\nofficer to state the officer's name, rank and place of duty and the\nofficer must give that information.\n(3) A contravention of subsection (1) or (2) by a police officer does not\nconstitute an offence against this Act, but may be dealt with under\nPart IV of the Police Administration Act 1978.\n\nLiquor Act 2019 117\n","sortOrder":217},{"sectionNumber":"214","sectionType":"section","heading":"Identification of person","content":"214 Identification of person\n(1) For the purpose of issuing a banning notice to a person, a police\nofficer may require the person:\n(a) to state the person's name and the address of the person's\nusual place of residence or work; and\n(b) to produce evidence of the person's identity.\n(2) When giving a requirement under subsection (1), the police officer\nmust warn the person it is an offence to contravene the requirement\nunless the person has a reasonable excuse.\n(3) A person commits an offence if the person contravenes a\nrequirement given to the person under subsection (1).\nMaximum penalty: 5 penalty units.\n(7) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant has a reasonable excuse.\n(8) Despite subsection (3), it is not an offence for the person to fail to\ncomply with a request made under subsection (1) if the police\nofficer who made the request did not inform the person, at the time\nthe request was made, that it is an offence to fail to comply with the\nrequest.\n","sortOrder":218},{"sectionNumber":"215","sectionType":"section","heading":"Effect of banning notice","content":"215 Effect of banning notice\n(1) A banning notice, according to its terms, bans the person from\nentering or remaining in either of the following:\n(a) the high risk area for a specified period of up to 14 days;\n(b) specified licensed premises in the high risk area for a\nspecified period of up to 14 days.\n(2) The ban starts from the time the banning notice is received by the\nperson.\n(3) A banning notice does not prevent a person from:\n(a) residing in or attending the person's usual place of residence\nor work; or\n(b) entering or remaining in the high risk area for the purpose of\nresiding in or attending the person's usual place of residence\nor work.\n\nLiquor Act 2019 118\n","sortOrder":219},{"sectionNumber":"216","sectionType":"section","heading":"Contents of banning notice","content":"216 Contents of banning notice\n(1) A banning notice must include the following:\n(a) the name of the banned person;\n(b) a description of the banning offence for which the person is\nbeing given the notice and the grounds for the police officer's\nbelief;\n(c) the name, rank and place of duty of the police officer giving\nthe notice;\n(d) a description of the high risk area in which the notice applies;\n(e) the time when the notice is given to the person and the period\nof the ban;\n(f) an explanation of the scope of the ban, including whether the\nperson is banned from the high risk area generally or from\nspecified licensed premises in the high risk area;\n(g) a statement that it is an offence to contravene the notice or a\ndirection given by a police officer to leave the high risk area or\nthe specified licensed premises in the high risk area during the\nban;\n(h) an explanation of how the ban can be varied or revoked.\n(2) To enforce a banning notice, a police officer may give licensees in\nthe high risk area, and their employees, a copy of the notice and a\nphotograph of the banned person.\n","sortOrder":220},{"sectionNumber":"217","sectionType":"section","heading":"Revocation or variation by police officer","content":"217 Revocation or variation by police officer\n(1) Any police officer may vary a banning notice at any time by written\nnotice given to the banned person stating the variation.\n(2) A variation may include adding, varying or removing conditions on a\nbanning notice.\n(3) A banning notice cannot be varied to extend the period for which\nthe notice applies.\n(4) The police officer who gave a banned person a banning notice may\nrevoke it if the officer considers it appropriate to do so.\nNote for section 217\nA banned person may also apply to the Commissioner of Police to revoke a\nbanning notice under section 219.\n\nLiquor Act 2019 119\n","sortOrder":221},{"sectionNumber":"218","sectionType":"section","heading":"Offence to contravene banning notice","content":"218 Offence to contravene banning notice\n(a) the person is a banned person; and\n(b) the person enters, attempts to enter or remains in a high risk\narea or licensed premises contrary to the banning notice.\nsubsection (1) if the defendant has a reasonable excuse.\nNote for section 218\nSection 215(3) exempts certain activities or purposes from a banning notice. A\nperson does not contravene the banning notice if the person enters, attempts to\nenter or remains in a high risk area or licensed premises for one of those\nactivities or purposes.\n","sortOrder":222},{"sectionNumber":"219","sectionType":"section","heading":"Revocation or variation by Commissioner of Police","content":"219 Revocation or variation by Commissioner of Police\n(1) A banned person may apply to the Commissioner of Police to\nrevoke or vary the banning notice.\n(2) The application must be in writing and give reasons for revoking or\nvarying the notice.\n(3) The application does not affect the operation of the banning notice.\n(4) The Commissioner of Police must consider the request and may\nrevoke or vary the banning notice if satisfied that:\n(a) there are sufficient grounds for revoking or varying it; or\n(b) there are special circumstances that make it otherwise\nappropriate to revoke or vary it.\nExample for subsection (4)(b)\nA person is given a banning notice the night before the person's wedding. The\nwedding reception is to take place at the licensed premises from which the\nperson is banned. The Commissioner of Police may decide there are special\ncircumstances because of the number of persons attending the reception, the\ncosts involved or the lack of alternative venues.\n(5) A banning notice ceases to have effect from the time the\nCommissioner of Police revokes it.\n(6) To avoid doubt, the provisions of section 217 apply to the\nCommissioner of Police.\n\nLiquor Act 2019 120\n","sortOrder":223},{"sectionNumber":"220","sectionType":"section","heading":"Making exclusion order","content":"220 Making exclusion order\n(1) A court of competent jurisdiction may make an exclusion order on:\n(a) an application by the Commissioner of Police under\nsection 221; or\n(b) a finding of guilt for a banning offence under section 222.\n(2) The court may make an exclusion order about a person for a high\nrisk area if the court is satisfied that making the exclusion order\nwould be a reasonable way of preventing the person from\ncommitting a banning offence in the high risk area.\n(3) To determine whether making the exclusion order would be a\nreasonable way of preventing the person from committing a\nbanning offence in the high risk area, the court must consider each\nof the following to the extent it is relevant:\n(a) the nature and gravity of the banning offence;\n(b) whether the person was previously found guilty of an offence\ncommitted in an area and, at the time of the offence or a later\ntime, the offence is a banning offence and the area is a high\nrisk area;\n(c) whether the person is or was the subject of an exclusion order\nor banning notice;\n(d) whether the person is or was the subject of an infringement\nnotice for a banning offence committed in a high risk area;\n(e) the likely effect of an exclusion order on the person and any\nvictim of the banning offence;\n(f) the state of the person's health;\n(g) the capacity of the person to understand the nature and effect\nof the order;\n(h) the likely effect of an exclusion order on public order and\nsafety;\n(i) any other matters the court considers relevant.\n\nLiquor Act 2019 121\n","sortOrder":224},{"sectionNumber":"221","sectionType":"section","heading":"Application after multiple notices","content":"221 Application after multiple notices\nThe Commissioner of Police may apply to the Local Court for an\nexclusion order under section 220 in relation to a person if:\n(a) the person was given one of the following notices at least\n3 times:\n(i) a banning notice for the high risk area;\n(ii) an infringement notice for a banning offence committed\nwholly or partly in the high risk area and not withdrawn\nor the subject of an election referred to in section 21 of\nthe Fines and Penalties (Recovery) Act 2001; and\n(b) the notices were all given within the 24 month period before\nthe date of the application to the Court.\n","sortOrder":225},{"sectionNumber":"222","sectionType":"section","heading":"Exclusion order on finding of guilt","content":"222 Exclusion order on finding of guilt\n(1) A court of competent jurisdiction that finds a person guilty of a\nbanning offence may also make an exclusion order about the\nperson if the court:\n(a) is satisfied of the matters required under section 220; and\n(b) is satisfied the banning offence was committed wholly or partly\nin a high risk area; and\n(c) does not sentence the person to a term of imprisonment of\n12 months or more in relation to the banning offence.\n(2) An exclusion order under this section may be made on the court's\nown initiative or on application of the Director of Public\nProsecutions or a police officer.\n(3) An exclusion order under this section may be made in addition to\nand despite any other order the court may make relating to the\noffender and the offence.\n","sortOrder":226},{"sectionNumber":"223","sectionType":"section","heading":"Effect of exclusion order","content":"223 Effect of exclusion order\n(1) An exclusion order excludes the offender from the following places:\n(a) any high risk area specified in the order;\n(b) any licensed premises in any high risk area specified in the\norder.\n(2) The exclusion is for the period specified in the order, not exceeding\n\nLiquor Act 2019 122\n(3) An exclusion order may:\n(a) exclude the person at all times or at specified times, during the\nspecified period; and\n(b) allow the person to enter an excluded place for specific\npurposes at specific times; and\n(c) make the order subject to any other conditions the court\n","sortOrder":227},{"sectionNumber":"224","sectionType":"section","heading":"Offence of contravening exclusion order","content":"224 Offence of contravening exclusion order\n(1) A person commits an offence if the person is subject to an\nexclusion order and:\n(a) the person enters or remains in a high risk area or premises\ncontrary to the exclusion order; or\n(b) the person attempts to enter a high risk area or premises\ncontrary to the exclusion order.\nsubsection (1) if the defendant has a reasonable excuse.\n","sortOrder":228},{"sectionNumber":"225","sectionType":"section","heading":"Variation of exclusion order","content":"225 Variation of exclusion order\n(1) Any of the following may apply for a variation of an exclusion order\nto the court that made the order:\n(a) the person subject to the order;\n(b) the Director of Public Prosecutions;\n(c) a police officer.\n(2) After considering the application, the court may vary the exclusion\norder in any way the court considers appropriate if satisfied that\ncircumstances arising since the making of the order make it\nappropriate to do so.\n(3) To avoid doubt, an exclusion order may be varied more than once.\n\nDivision 5 Enforcement of banning notices and exclusion orders\nLiquor Act 2019 123\nDivision 5 Enforcement of banning notices and exclusion\norders\n226 Direction to leave high risk area or licensed premises\n(1) A police officer may give a direction to a person under\nsubsection (2) if the officer believes on reasonable grounds that the\nperson is:\n(a) a banned person in a high risk area or licensed premises\ncontrary to a banning notice; or\n(b) an excluded person in a high risk area or licensed premises\ncontrary to an exclusion order.\n(2) The police officer may direct the person to leave the high risk area\nor the licensed premises and specify the way in which the person is\nto leave.\n(3) When giving the direction, the police officer must:\n(a) produce the officer's police identification unless the officer is in\nuniform; and\n(b) inform the person that:\n(i) the officer is empowered to give the direction; and\n(ii) it is an offence to fail to comply with the direction; and\n(c) make all reasonable attempts to ensure the person\nunderstands the direction.\n(4) A contravention of subsection (3) by a police officer does not\nconstitute an offence against this Act but may be dealt with under\nPart IV of the Police Administration Act 1978.\n","sortOrder":229},{"sectionNumber":"227","sectionType":"section","heading":"Use of reasonable force to remove banned person","content":"227 Use of reasonable force to remove banned person\n(1) A police officer may use reasonable force to:\n(a) prevent a banned person or an excluded person from entering\nor remaining in, or from attempting to enter or remain in, a\nhigh risk area or licensed premises contrary to a banning\nnotice or an exclusion order; and\n(b) remove a banned person or an excluded person from a high\nrisk area or licensed premises after the person fails to comply\nwith a direction given under section 226.\n\nLiquor Act 2019 124\n(2) This section does not limit any powers of arrest a police officer has\nunder any other law of the Territory.\n(3) Any action taken under this section in relation to a person does not\nprevent commencing a proceeding against the person for an\n","sortOrder":230},{"sectionNumber":"228","sectionType":"section","heading":"Offence to fail to comply with direction","content":"228 Offence to fail to comply with direction\n(1) The banned or excluded person must comply with a direction given\nin accordance with section 226.\n","sortOrder":231},{"sectionNumber":"229","sectionType":"section","heading":"Offence to permit entry of banned person or excluded person","content":"229 Offence to permit entry of banned person or excluded person\n(a) the licensee intentionally permits a person to enter the\n(b) the person is subject to a banning notice or an exclusion order\nand the licensee has knowledge of that circumstance; and\n(c) the entry of the person is in contravention of the banning\n(2) A licensee's employee commits an offence if:\n(a) the employee intentionally permits a person to enter the\n(b) the person is subject to a banning notice or an exclusion order\nand the employee has knowledge of that circumstance; and\n(c) the entry of the person is in contravention of the banning\n(3) Strict liability applies to subsections (1)(c) and (2)(c).\n\nLiquor Act 2019 125\n","sortOrder":232},{"sectionNumber":"230","sectionType":"section","heading":"Employee violence or drug use","content":"230 Employee violence or drug use\n(1) A licensee must notify the Director as soon as practicable if the\nlicensee becomes aware that an employee of the licensee is found\nguilty of an offence involving violence or the unlawful possession of\ndrugs.\n(2) The Director may direct the licensee to limit or restrict the\nresponsibilities and activities of an employee referred to in\nsubsection (1) and that employee's contact with patrons.\n(3) The licensee must comply with any direction given under\n","sortOrder":233},{"sectionNumber":"231","sectionType":"section","heading":"Disclosure of information for enforcement purposes","content":"231 Disclosure of information for enforcement purposes\n(1) The Director or a police officer may disclose information about a\nbanned person or an excluded person to a licensee or the\nlicensee's employees if the Director or officer considers it necessary\nfor the effective and efficient enforcement of a banning notice or an\nexclusion order.\n(2) The information may include any of the following:\n(a) the fact a banning notice or an exclusion order was issued or\nmade;\n(b) the places from which the person is banned or excluded;\n(c) the name and a photograph of the person;\n(d) the period for which the notice or order applies;\n(e) a copy of the notice or order and of any variation or revocation\nof the notice or order;\n(f) other information about the person, notice or order that the\nDirector or police officer considers appropriate in the\ncircumstances.\n","sortOrder":234},{"sectionNumber":"232","sectionType":"section","heading":"Proceedings regarding high risk area","content":"232 Proceedings regarding high risk area\n(1) A court of competent jurisdiction hearing a proceeding in which the\nvalidity of a declaration of a high risk area is called into question\nmust not stay the operation of the declaration pending the final\ndetermination of the proceeding, unless the court considers there\nare exceptional circumstances.\n\nLiquor Act 2019 126\n(2) If a court of competent jurisdiction finds a declaration of a high risk\narea to be invalid, the finding does not affect the validity, in relation\nto any period before that finding, of the following:\n(a) any banning notice given or exclusion order made in relation\nto the high risk area;\n(b) any thing done under this Part in reliance on the banning\n","sortOrder":235},{"sectionNumber":"233","sectionType":"section","heading":"Annual report by Commissioner of Police","content":"233 Annual report by Commissioner of Police\nto the Minister about activities under this Part.\n(a) the number of banning notices issued during the year;\n(b) the number of persons to whom banning notices were issued\n(c) the number of banning notices issued during the year to each\nperson who was given more than one banning notice during\nthe year;\n(d) the offences for which banning notices were issued during the\nyear;\n(e) the high risk areas for which banning notices were issued\n(f) the ages of the persons to whom banning notices were issued\n(g) whether any of the persons to whom banning notices were\nissued during the year identified themselves as an Aboriginal\nperson or Torres Strait Islander and, if any, the number of\npersons;\n(h) the number of banning notices given during the year for:\n(i) each high risk area; and\n(ii) each licensed premises;\n(i) the number of persons charged with an offence against\nsection 218 or 228 during the year and the results of those\ncharges;\n\nLiquor Act 2019 127\n(j) the number of contraventions of section 218 or 228 recorded\nby police officers during the year for which no charges were\nlaid;\n(k) any other information prescribed by regulation.\n(3) The report must include the following information about exclusion\norders applied for by the Commissioner of Police:\n(a) the number of applications for exclusion orders made during\nthe year;\n(b) the number of exclusion orders made during the year;\n(c) the number of persons for whom exclusion orders were\n(d) the number of exclusion orders applied for during the year for\neach person for whom more than one exclusion order was\n(e) the offences for which exclusion orders were applied for\n(f) the high risk areas for which exclusion orders were applied for\n(g) the ages of the persons for whom exclusion orders were\n(h) whether any of the persons for whom exclusion orders were\napplied for during the year identified themselves as an\nAboriginal person or Torres Strait Islander and, if any, the\nnumber of persons;\n(i) the number of exclusion orders applied for during the year for:\n(i) each high risk area; or\n(ii) each licensed premises;\n(j) the number of persons charged with an offence against\nsection 224 during the year and the results of those charges;\n(k) the number of contraventions of section 224 recorded by\npolice officers during the year for which no charges were laid;\n(l) any other information prescribed by regulation.\n(4) The Commissioner of Police must collect the information necessary\nto enable reports to be prepared under subsection (1).\n\nLiquor Act 2019 128\n(5) The report must be given to the Minister within 3 months after the\n(6) The Minister must table a copy of the report in the Legislative\n(7) In this section:\nDivision 1 Application and interpretation\n234 Forfeiture offences\nThe search powers in Division 3 and the seizure powers in\nDivision 6 must not be exercised except in relation to a forfeiture\n235 Exercising other powers\nTo avoid doubt, nothing in this Part is to be construed or taken as\npreventing the exercise of any power to search, enter and seize\nunder another law of the Territory.\nNote for section 235\nA police officer has powers to search, enter and seize under the Police\n","sortOrder":236},{"sectionNumber":"236","sectionType":"section","heading":"Searching persons and property","content":"236 Searching persons and property\n(1) If an inspector or a police officer suspects on reasonable grounds\nthat a person is contravening or about to contravene section 153\nor 171, the inspector or officer may, without a warrant, search:\n(a) the person; and\n(b) the clothing worn by the person; and\n(c) any property in the immediate control of the person.\n(2) Before exercising a power under subsection (1), a police officer\nmay request the person to state the person's name and address.\n\nLiquor Act 2019 129\n","sortOrder":237},{"sectionNumber":"237","sectionType":"section","heading":"Search on suspicion of forfeiture offence","content":"237 Search on suspicion of forfeiture offence\nAn inspector or a police officer may, without a warrant, exercise the\npowers specified in section 239 if the inspector or officer suspects\non reasonable grounds that:\n(a) a forfeiture offence was committed, is being committed or is\nabout to be committed; and\n(b) it would not be reasonably practicable to obtain a warrant to\ninvestigate the forfeiture offence.\n","sortOrder":238},{"sectionNumber":"238","sectionType":"section","heading":"Search on random basis","content":"238 Search on random basis\nAn inspector or a police officer may, without a warrant, exercise the\npowers specified in section 239 on a random basis to detect\nwhether a forfeiture offence was committed, is being committed or\nis about to be committed if the search is conducted:\n(a) within a general restricted area or a special restricted area; or\n(b) in relation to a vehicle, vessel or aircraft that the inspector or\nofficer suspects on reasonable grounds to be travelling to a\ngeneral restricted area or a special restricted area; or\n(c) in relation to a driver, passenger or member of the crew of a\nvehicle, vessel or aircraft referred to in paragraph (b), whether\non board or not; or\n(d) in relation to baggage or cargo that the inspector or officer\nsuspects on reasonable grounds to be destined for travel to or\ndelivery to a general restricted area or a special restricted\n","sortOrder":239},{"sectionNumber":"239","sectionType":"section","heading":"Search powers","content":"239 Search powers\nThe following powers may be exercised by the inspector or police\nofficer under this Division:\n(a) enter and search premises;\n(b) stop, enter, search, remove and detain a vehicle, vessel or\naircraft;\n(c) stop, detain and search a person;\n\nLiquor Act 2019 130\n(d) search any thing found:\n(i) on or in the premises entered or searched under\nparagraph (a); or\n(ii) on or in the vehicle, vessel or aircraft stopped, entered,\nsearched, removed or detained under paragraph (b); or\n(iii) on the person stopped, detained or searched under\nparagraph (c).\n","sortOrder":240},{"sectionNumber":"Div 4","sectionType":"division","heading":"Search of restricted premises","content":"Division 4 Search of restricted premises\n","sortOrder":241},{"sectionNumber":"240","sectionType":"section","heading":"Search of restricted premises","content":"240 Search of restricted premises\nAn inspector or a police officer who suspects on reasonable\ngrounds that an offence against section 189 was committed, is\nbeing committed or is about to be committed may, without a\nwarrant:\n(a) enter and search the restricted premises; and\n(b) search any person on or in the restricted premises who is\nsuspected of committing the offence.\n","sortOrder":242},{"sectionNumber":"241","sectionType":"section","heading":"Entering residential premises","content":"241 Entering residential premises\n(1) Despite any thing to the contrary in this Act, an inspector or a police\nofficer must not enter residential premises, without a warrant,\nunless:\n(a) an occupier of the premises consents; or\n(b) the premises are in a general restricted area; or\n(c) the premises are in a special restricted area; or\n(d) the premises are restricted premises.\n(2) An inspector or a police officer must not use the powers in\nsection 238 to enter residential premises.\n\nLiquor Act 2019 131\n","sortOrder":243},{"sectionNumber":"242","sectionType":"section","heading":"Same gender searches","content":"242 Same gender searches\nA personal search of a person under this Act must be conducted:\n(a) by someone who is of the same or similar gender as the\nperson being searched, unless it is not reasonably practicable;\nand\n(b) in a manner that respects the person's dignity and privacy.\n","sortOrder":244},{"sectionNumber":"243","sectionType":"section","heading":"Seizing containers","content":"243 Seizing containers\n(1) An inspector or a police officer may exercise the power in\nsubsection (2) if the inspector or officer suspects on reasonable\ngrounds that one of the following is being or is about to be\ncommitted:\n(a) a contravention of section 171(1);\n(b) a forfeiture offence;\n(c) an offence against section 189;\n(d) a breach of a banned drinker order made under the Alcohol\nHarm Reduction Act 2017.\n(2) The inspector or police officer may, without a warrant, seize any\nopened or unopened container that the inspector or officer believes\non reasonable grounds contains liquor.\n(3) After seizing the container, the inspector or police officer must take\nreasonable steps to determine if the container contains liquor.\n(4) The inspector or police officer must return the container to the\nperson from whom it was seized if the inspector or officer\ndetermines that the container does not contain liquor.\n(5) If the container contains liquor, the inspector or police officer must\nimmediately:\n(a) empty the container; or\n(b) destroy the container and its contents; or\n(c) retain possession of the container and its contents for disposal\nunder Part 12.\n\nLiquor Act 2019 132\n(5A) Despite subsection (5)(b), if it is not reasonably practicable to\nimmediately destroy the container and its contents, a police officer\nmay temporarily retain possession of the container and its contents\nfor destruction at a police station as soon as reasonably\npracticable.\n(5B) Subsections (5)(a) and (b) and (5A) do not apply if the container or\nits contents are required as evidence for an offence against this\nAct.\n(6) This section may be used, in the same way as for liquor, by an\ninspector or a police officer to seize, empty, or destroy a container\nof a substance prohibited under section 153.\n","sortOrder":245},{"sectionNumber":"244","sectionType":"section","heading":"Seizing any thing related to forfeiture offence","content":"244 Seizing any thing related to forfeiture offence\n(1) If an inspector or a police officer suspects on reasonable grounds\nthat a forfeiture offence was committed, is being committed or is\nlikely to be committed, the inspector or officer may, without a\nwarrant, seize any thing that the inspector or officer believes on\nreasonable grounds may be used as evidence in proceedings for\nprosecution of the forfeiture offence.\n(2) In the course of exercising the power in subsection (1), an inspector\nor a police officer may, without a warrant, seize any thing that the\ninspector or officer believes on reasonable grounds was used in the\ncommission of the forfeiture offence, despite the following:\n(a) the thing having no evidentiary value in the prosecution of the\noffence;\n(b) the thing being the property of a someone other than a person\nsuspected of committing the offence;\n(c) the thing being at risk of forfeiture to the Territory under\nPart 12;\n(d) the thing and the offence not being subject to the Criminal\nProperty Forfeiture Act 2005.\n","sortOrder":246},{"sectionNumber":"245","sectionType":"section","heading":"Limit on seizure of vehicles, vessels and aircraft","content":"245 Limit on seizure of vehicles, vessels and aircraft\n(1) An inspector or a police officer must not seize a vehicle, vessel or\naircraft unless the inspector or officer believes on reasonable\ngrounds that:\n(a) the amount of liquor involved in the forfeiture offence is at\nleast 2 standard drinks; and\n\nLiquor Act 2019 133\n(b) the forfeiture offence is likely to be prosecuted other than by\nan infringement notice.\n(2) Before seizing a vehicle, vessel or aircraft, an inspector or a police\nofficer must consider:\n(a) its anticipated future use; and\n(b) whether its seizure and possible forfeiture will cause hardship\nto a person or community.\n","sortOrder":247},{"sectionNumber":"247","sectionType":"section","heading":"Notice of seizure of vehicle, vessel or aircraft","content":"247 Notice of seizure of vehicle, vessel or aircraft\n(1) If a vehicle, vessel or aircraft is seized under this Act, the\nCommissioner of Police must take reasonable efforts to identify any\nperson who owns or has an interest in the vehicle, vessel or\naircraft.\n(2) The Commissioner of Police must take reasonable efforts to notify\nany person identified as owning or having an interest in the vehicle,\nvessel or aircraft of the following:\n(a) that the vehicle, vessel or aircraft was seized:\n(b) where it is being held;\n(c) what charges, if any, are laid in respect of the offence in\nrespect of which the vehicle, vessel or aircraft was seized;\n(d) the process for release of the vehicle, vessel or aircraft under\nPart 12, Division 1;\n(e) that the vehicle, vessel or aircraft may be forfeited under\nsection 99A of the Sentencing Act 1995 or Part 12, Division 2\nof this Act;\n(f) the process for opposing any forfeiture of the vehicle, vessel\nor aircraft.\n(3) The Commissioner of Police may enter into an agreement with any\norganisation that provides legal services to people in relation to the\nseizure or forfeiture of the vehicle, vessel or aircraft under this Act\nto notify the organisation of the following:\n(a) any charges laid in respect of a vehicle, vessel or aircraft\nseized or forfeited under this Act;\n(b) the particulars of any person the Police Force believes owns\nor has an interest in the vehicle, vessel or aircraft.\n\nLiquor Act 2019 134\n","sortOrder":248},{"sectionNumber":"248","sectionType":"section","heading":"Annual report by Commissioner of Police","content":"248 Annual report by Commissioner of Police\nto the Minister in relation to vehicles, vessels and aircraft seized\n(a) the number of vehicles, vessels and aircraft seized;\n(b) a simple description of each vehicle, vessel and aircraft seized\nin a manner that does not allow it to be identified and it\napproximate value;\n(c) the date of each seizure;\n(d) the forfeiture offence for which each vehicle, vessel or aircraft\nwas seized;\n(e) the actual amount of liquor involved in each forfeiture offence\nfor which each vehicle, vessel or aircraft was seized, or the\nestimated amount if the actual amount not known;\n(f) the number of vehicles, vessels and aircraft released and the\nreasons for the release;\n(g) whether there was a criminal proceeding in relation to the\nforfeiture offence for which vehicle, vessel or aircraft was\nseized and the result of that proceeding;\n(h) the number of applications for forfeiture of vehicles, vessels\nand aircraft, whether the applications were opposed and the\nresults of those applications;\n(i) the number of vehicles, vessels and aircraft forfeited and the\ndates of forfeiture;\n(j) the final disposition of each vehicle, vessel and aircraft\nforfeited and the reasons for the manner of its disposition;\n(k) the proceeds from each disposition, if any.\n(3) The report must be given to the Minister within 3 months after the\n(4) The Minister must table a copy of the report in the Legislative\n\nLiquor Act 2019 135\n","sortOrder":249},{"sectionNumber":"249","sectionType":"section","heading":"Definitions","content":"249 Definitions\ncustomer means a person who appears to an inspector or a police\nofficer to be a customer of a licensee for the reasons in\nsection 250(1).\nliquor related offence means any of the following:\n(a) an offence against this Act;\n(b) an offence against the Alcohol Harm Reduction Act 2017;\n(c) breach of a bail condition relating to liquor imposed under\nPart 3 of the Bail Act 1982;\n(d) breach of a court order relating to liquor made under the\nDomestic and Family Violence Act 2007.\n","sortOrder":250},{"sectionNumber":"250","sectionType":"section","heading":"Point of sale intervention powers – customer","content":"250 Point of sale intervention powers – customer\n(1) An inspector or a police officer may exercise the powers under this\nsection in relation to a person who appears to the inspector or\nofficer to be a customer of a licensee for the following reasons:\n(a) the person is on or in licensed premises or within 20 m of:\n(i) an entrance to licensed premises; or\n(ii) an entrance to the building containing licensed premises;\nor\n(iii) a driveway or car park for licensed premises;\n(b) the person appears to the inspector or officer to be intending\nto purchase, to be purchasing, to have purchased or to\npossess liquor purchased from the licensee for consumption\noff the licensed premises.\n\nLiquor Act 2019 136\n(2) The inspector or police officer may require the customer to do any\nof the following:\n(a) state the customer's name and address;\n(b) state where the customer intends to consume the liquor;\n(c) show the customer's identification approved under\nsection 128(3);\n(d) answer questions about the information in the identification to\nconfirm that the information is accurate;\n(e) answer questions about whether the customer is:\n(i) subject to a prohibition referred to in section 128(1); or\n(ii) prohibited from consuming liquor at the place stated\nunder paragraph (b);\n(f) state whether the customer intends to provide any of the liquor\nto another person.\n(3) If the customer appears to intend to provide any of the liquor to\nanother person, the inspector or police officer may:\n(a) require the customer to answer questions about the other\nperson, to find out if the other person is prohibited from\nconsuming liquor section 128(1); and\n(b) investigate whether the customer or other person are subject\nto a bail condition relating to liquor imposed under Part 3 of\nthe Bail Act 1982; and\n(c) investigate whether the customer or other person are subject\nto a prohibition referred to in section 128(1).\n(4) If the inspector or police officer suspects on reasonable grounds\nthat a liquor related offence is likely to occur, the inspector or officer\nmay do either or both of the following:\n(a) seize any container in the possession of the customer that the\ninspector or officer believes on reasonable grounds contains\n(b) prevent the customer from entering or remaining on or in the\n(5) The inspector or police officer must destroy the contents of a\ncontainer seized under subsection (4)(a) as soon as practicable.\n\nLiquor Act 2019 137\n(6) If the inspector or police officer believes on reasonable grounds that\nthe identification offered by the customer under subsection (2) is\nfictitious or false in a material particular, the inspector or officer may\nseize the identification.\n(7) If the customer is in a vehicle, an inspector or a police officer may:\n(a) require the driver of the vehicle to stop the vehicle; and\n(b) require the driver and passengers to follow any reasonable\ndirection to allow the inspector or officer to exercise a power\nunder subsections (2) to (6).\n","sortOrder":251},{"sectionNumber":"251","sectionType":"section","heading":"Point of sale intervention power – licensee","content":"251 Point of sale intervention power – licensee\n(1) An inspector or a police officer may give a direction under\nsubsection (2) if the inspector or officer:\n(a) exercises a power in relation to a customer under section 250;\nand\n(b) suspects on reasonable grounds that an offence against this\nAct is likely to occur in relation to the customer.\n(2) The inspector or police officer may direct the licensee and the\nlicensee's employees at the licensed premises where the customer\nwas present not to sell liquor to the customer for the remainder of\nthe day on which the direction is given.\n(3) When giving the direction under subsection (2), the inspector or\npolice officer must also give the name of the customer or another\nmeans of identifying the customer.\n(4) A licensee and a licensee's employee given a direction under\nsubsection (2) must take all reasonable steps to comply with the\ndirection.\n","sortOrder":252},{"sectionNumber":"252","sectionType":"section","heading":"Inspector and police officer obligations","content":"252 Inspector and police officer obligations\n(1) An inspector must produce the inspector's identity card before\nexercising a power under section 250 or 251.\n(2) If a police officer is not in uniform, the officer must produce the\nofficer's police identification for inspection before exercising a\npower under section 250 or 251.\n(3) Before exercising a power under section 251 in relation to a person,\nan inspector or a police officer must warn the person that failure to\ncomply with a requirement or direction under that section is an\n\nLiquor Act 2019 138\n","sortOrder":253},{"sectionNumber":"253","sectionType":"section","heading":"Offence to fail to comply with requirement or direction","content":"253 Offence to fail to comply with requirement or direction\n(1) A person commits an offence if the person fails to comply with a\nrequirement or direction given to the person under section 250(2),\n(3)(a) or (7).\nIt is an offence against section 288 to provide false information to an inspector or\na police officer.\n(3) A prosecution for an offence against subsection (1) must not be\ncommenced unless the inspector or police officer giving the\nrequirement:\n(a) has complied with section 252(1) and (2); and\n(b) has warned the person that failure to comply with the\nrequirement or direction under those subsections is an\noffence; and\n(c) has given the person at least 2 opportunities to comply with\nthe requirement or direction, at least one of which is given\nafter the warning referred to in paragraph (b).\n","sortOrder":254},{"sectionNumber":"254","sectionType":"section","heading":"Offence to fail to comply with direction","content":"254 Offence to fail to comply with direction\n(a) is a licensee or a licensee's employee; and\n(b) is given a direction under section 251(2); and\n(c) fails to take all reasonable steps to ensure that the direction is\ncomplied with.\nsubsection (1) if the person has a reasonable excuse.\n(4) An inspector or a police officer may also lodge a complaint under\nsection 160 with the Director against the licensee regarding an\noffence against this section.\n\nLiquor Act 2019 139\n","sortOrder":255},{"sectionNumber":"255","sectionType":"section","heading":"Disclosing information","content":"255 Disclosing information\nDespite section 9 of the Information Act 2002 and the operation of\nany other law of the Territory that prohibits or restricts the\ndisclosure of information, a person may disclose information that is\nrequested or collected under this Division for the purposes of\nenforcing this Division.\n","sortOrder":256},{"sectionNumber":"256","sectionType":"section","heading":"Point of sale intervention powers do not limit other powers","content":"256 Point of sale intervention powers do not limit other powers\nThe powers of an inspector or a police officer under this Part are in\naddition to, and do not limit, any other power the inspector or officer\nmay have under this Act or another law of the Territory.\n","sortOrder":257},{"sectionNumber":"257","sectionType":"section","heading":"Emergency powers of Director","content":"257 Emergency powers of Director\n(1) In an emergency, the Director may do any of the following if of the\nopinion that it is in the public interest:\n(a) suspend a licence or an authority;\n(b) impose a condition on a licensee;\n(c) vary a condition of a licence or an authority.\n(2) An action taken under subsection (1) has effect for a maximum of\n7 days or a shorter period determined by the Director.\n(3) As soon as practicable after making the decision, the Director must\ngive a decision notice to the licensee.\n(4) A condition of a licence determined by the Minister under section 88\ncannot be varied under this section.\n","sortOrder":258},{"sectionNumber":"258","sectionType":"section","heading":"Police power to suspend licence or authority","content":"258 Police power to suspend licence or authority\n(1) The Commissioner of Police may suspend a licence or an authority\nif any of the following occurs, or is likely to occur, at or in the vicinity\nof the licensed premises and the officer considers it appropriate to\ndo so:\n(a) an emergency or a natural disaster;\n(b) riotous conduct;\n(c) a breach of the peace;\n(d) a threat to public safety.\n\nLiquor Act 2019 140\n(3) The Commissioner of Police may also suspend a licence or an\nauthority if:\n(a) the licensee, or the licensee's employee or agent, is being\ninvestigated for an offence against this Act; and\n(b) a police officer investigating the offence believes on\nreasonable grounds that the offence is likely to continue.\n(4) A suspension under this section has effect for a maximum of\n48 hours or a shorter period determined by the Commissioner of\nPolice.\n(5) The Commissioner of Police must, without delay, give written notice\nof the suspension to the following:\n(b) the Minister;\n(c) the Chairperson;\n(d) the Director.\n(6) The notice must include the period of suspension and reasons for\nthe suspension.\n","sortOrder":259},{"sectionNumber":"259","sectionType":"section","heading":"Power to suspend sales at major event","content":"259 Power to suspend sales at major event\n(1) The following persons may, by order, suspend or restrict the sale of\nliquor under a major event authority:\n(a) the Director;\n(b) a police officer who:\n(i) is in charge of a police station; or\n(ii) is of or above the rank of Senior Sergeant.\n(2) An order under subsection (1) may be made if the Director or police\nofficer believes on reasonable grounds that:\n(a) the licensee is in breach of a condition of the licence or\nauthority; or\n(b) there is an imminent threat of, or actual, alcohol-related\nviolence or anti-social behaviour on or in the licensed\n\nLiquor Act 2019 141\n(3) A suspension or restriction under this section has effect for a\nmaximum of 7 days or a shorter period determined by the person\nmaking the order.\n(4) The person making the order must, without delay, give written\nnotice of the suspension or restriction to the following:\n(b) the Minister;\n(c) the Chairperson;\n(d) the Director, unless the Director is making the order.\n(5) The notice must include the period of suspension and reasons for\nthe suspension.\n","sortOrder":260},{"sectionNumber":"260","sectionType":"section","heading":"Annual report by Commissioner of Police","content":"260 Annual report by Commissioner of Police\n(1) The Commissioner of Police must, each financial year, give to the\nMinister a report that provides the following information:\n(a) the number of suspensions imposed by the Commissioner of\nPolice under section 258 and a police officer under\nsection 259 during the year;\n(b) the licences and authorities that were suspended;\n(c) the periods during which those suspensions had effect.\n(2) The report must be given to the Minister within 3 months after the\n(3) The Minister must table a copy of the report in the Legislative\n","sortOrder":261},{"sectionNumber":"261","sectionType":"section","heading":"Suspension if drug premises order made","content":"261 Suspension if drug premises order made\n(1) The Commissioner of Police may apply to the Commission to\nsuspend a licence or an authority if the licensed premises are drug\npremises as defined in section 11A of the Misuse of Drugs\nAct 1990.\n\nLiquor Act 2019 142\n(2) The Commission must give the licensee a written notice:\n(a) stating that an application has been made under\nsubsection (1); and\n(b) inviting the licensee to submit a written response to the\napplication by a specified date not earlier than 28 days after\nthe date of the notice.\n(3) In considering the application, the Commission must have regard to\nthe matters the Commission considers appropriate, including:\n(a) the material before the Local Court when the drug premises\norder was made; and\n(b) evidence of any steps taken by the licensee, before or after\nthe making of the order, to ensure that dangerous drugs are\nnot supplied on or in the licensed premises by the licensee or\nthe licensee's employee or agent; and\n(c) any written submission made by the licensee under\nsubsection (2)(b).\n(4) The Commission may suspend the licence if the Commission\nconsiders that:\n(a) suspension of the licence is necessary for the protection of the\npublic; or\n(b) the circumstances of the case are of sufficient gravity to justify\nthe suspension of the licence.\n(5) A suspension must not exceed more than 14 days.\n(6) As soon as practicable after making a decision under this section,\nthe Commission must give a decision notice to the Commissioner of\nPolice and the licensee.\n(7) The suspension of a licence under this section has effect on and\nfrom the later of:\n(a) the date on which the licensee receives the decision notice; or\n(b) the date specified by the Commission in the decision notice.\n(8) This section does not prevent the Commission taking any other\naction it is permitted to take under this Act in relation to the licensee\nor the licensee's licence, authority or licensed premises.\n\nLiquor Act 2019 143\n","sortOrder":262},{"sectionNumber":"262","sectionType":"section","heading":"Undercover operations","content":"262 Undercover operations\n(1) A police officer below the rank of Commander may, in writing, apply\nto a senior officer for an authorisation to possess, purchase, sell or\nsupply liquor at a place or in a manner that would otherwise be an\noffence against this Act for the purpose of detecting the commission\nof an offence against this Act.\n(2) The senior officer may, in writing, grant the authorisation to the\napplicant subject to any conditions the senior officer considers\nappropriate.\n(3) A police officer authorised under subsection (2) may possess,\npurchase, sell or supply liquor at a place or in a manner that would\notherwise be an offence against this Act for the purpose of\ndetecting the commission of an offence against this Act.\nsenior officer means a police officer of or above the rank of\nCommander.\n","sortOrder":263},{"sectionNumber":"263","sectionType":"section","heading":"Annual report by Commissioner of Police","content":"263 Annual report by Commissioner of Police\nto the Minister in relation to activities under this Division.\n(a) the number of applications for authorisations made under\nsection 262(1);\n(b) the number of authorisations granted under section 262(2);\n(c) the number of charges laid for offences against this Act as a\nresult of authorisations granted under section 262(2).\n(3) The report must be given to the Minister within 3 months after the\n(4) The Minister must table a copy of the report in the Legislative\n\nLiquor Act 2019 144\n","sortOrder":264},{"sectionNumber":"264","sectionType":"section","heading":"Inspector's duty to produce identification","content":"264 Inspector's duty to produce identification\nIf an inspector purports to exercise a power under this Act without\nproducing the inspector's identity card when requested to do so by\na person whose person or property is the subject of the power:\n(a) the inspector is not authorised to exercise the power; and\n(b) the person is not required to comply with a requirement made\nby the inspector.\n","sortOrder":265},{"sectionNumber":"265","sectionType":"section","heading":"Reasonable force","content":"265 Reasonable force\nAn inspector or a police officer may use any reasonable force or\nobtain reasonable assistance in acting under this Act.\n","sortOrder":266},{"sectionNumber":"266","sectionType":"section","heading":"Police immunity","content":"266 Police immunity\n(1) Despite any thing in this Act, the possession of liquor by a police\nofficer is not an offence in the following circumstances:\n(a) the liquor was seized or obtained in the course of the officer's\nduties, or the exercise of the officer's powers, under this Act or\nany other law of the Territory;\n(b) the liquor is in the officer's possession as evidence for or in\nproceedings for an offence against this Act or any other law of\nthe Territory;\n(c) the liquor is in the officer's possession for a purpose\nassociated with the administration of this Act;\n(d) the liquor is in the officer's possession for analysis for the\npurpose of a proceeding for an offence against this Act or of\nany other law of the Territory;\n(e) the liquor is in the officer's possession as an exhibit for the\npurpose of qualifying the officer to give evidence in a\nproceeding for an offence against this Act or any other law of\nthe Territory.\n(2) If a police officer obtains or possesses liquor in circumstances listed\nin subsection (1):\n(a) the officer is not a party to, or guilty of, an offence against this\nAct; and\n\nLiquor Act 2019 145\n(b) any evidence of the officer is not to be taken to be the\nevidence of an accomplice in any proceeding.\n","sortOrder":267},{"sectionNumber":"267","sectionType":"section","heading":"Police directions","content":"267 Police directions\nA direction given by a police officer under this Act:\n(a) may be given orally or in writing; and\n(b) must be reasonable in all the circumstances.\n","sortOrder":268},{"sectionNumber":"268","sectionType":"section","heading":"Police property used in investigation","content":"268 Police property used in investigation\nOn completion of an investigation under this Act, any thing that is\nthe property of the Territory and that was used by a police officer\nduring the investigation continues to be the property of the Territory.\n","sortOrder":269},{"sectionNumber":"269","sectionType":"section","heading":"Control and management of seized things","content":"269 Control and management of seized things\nSubject to section 243(5)(a) and (b), the Commissioner of Police\nmust keep control and management of any thing seized under this\nAct until it is otherwise dealt with under this Part.\n","sortOrder":270},{"sectionNumber":"270","sectionType":"section","heading":"Disposition of seized things, other than vehicles, vessels or","content":"270 Disposition of seized things, other than vehicles, vessels or\naircraft\nA thing seized under this Act must be dealt with in accordance with\nsection 166 of the Police Administration Act 1978 subject to the\n(a) the need to retain custody of the thing for evidentiary purposes\nin any proceeding;\n(b) the Commissioner of Police's power to release the thing under\nsection 271;\n(c) the Commissioner of Police's duty to release a vehicle, vessel\nor aircraft under section 272;\n(d) any order made under section 99A of the Sentencing\nAct 1995;\n(e) any application under Division 2 for forfeiture of a vehicle,\nvessel or aircraft.\n\nLiquor Act 2019 146\n","sortOrder":271},{"sectionNumber":"271","sectionType":"section","heading":"Discretionary release of seized things","content":"271 Discretionary release of seized things\n(1) The Commissioner of Police may release a thing seized under this\nAct:\n(a) on the Commissioner's own initiative: or\n(b) on application by a person who owns, or has an interest in, the\nthing; or\n(c) on application by any other party affected by the seizure.\n(2) The Commissioner of Police must consider the following matters\nwhen making a decision under this section to release a thing:\n(a) whether releasing the thing would lessen or prevent hardship\nto a person;\n(b) whether releasing the thing would benefit the community;\n(c) whether releasing the thing would significantly diminish the\nevidentiary value of the thing for any proceeding;\n(d) the seriousness and frequency of the forfeiture offences in\nrespect of which the thing was seized;\n(e) whether it is likely that the thing, if released, would be used in\nthe commission of further forfeiture offences;\n(f) any other matters the Commissioner considers relevant.\n(3) The Commissioner of Police may invite anyone who appears to\nown, or have an interest in, the thing to apply for its release.\n(4) As soon as practicable after an application is made, the\nCommissioner of Police must:\n(a) approve the application and release the thing; or\n(b) refuse the application.\n(5) The Commissioner of Police may attach conditions to the release of\na thing under this section.\n\nLiquor Act 2019 147\n","sortOrder":272},{"sectionNumber":"272","sectionType":"section","heading":"Mandatory release of seized vehicles, vessels or aircraft","content":"272 Mandatory release of seized vehicles, vessels or aircraft\n(1) Subject to subsection (2), the Commissioner of Police must release\na vehicle, vessel or aircraft seized under this Act if:\n(a) no person is charged with a forfeiture offence in respect of\nwhich the thing was seized within the time allowed for laying\nthe charge; or\n(b) only an infringement notice is given for all forfeiture offences in\nrespect of which the thing was seized; or\n(c) a court of competent jurisdiction orders the release of the\nthing; or\n(d) a person was charged with a forfeiture offence in respect of\nwhich the thing was seized and all proceedings have ended\nand:\n(i) no order is made under section 99A of the Sentencing\nAct 1995; and\n(ii) no application for forfeiture is made by a police officer\nunder Division 2 within the time allowed for making the\napplication.\n(2) If an application for forfeiture is pending under Division 2, the\nCommissioner of Police is not required to release the vehicle in the\ncircumstances specified in subsection (1)(a) or (b) but may release\nit under section 271.\n","sortOrder":273},{"sectionNumber":"273","sectionType":"section","heading":"Release to owner","content":"273 Release to owner\n(1) If a thing is to be released under this Division, the Commissioner of\nPolice must make a reasonable effort to identify an owner of the\nthing.\nThe registration information about a motor vehicle is not conclusive evidence of\nits ownership.\n(2) A thing to be released under this Division must be released to the\nperson who the Commissioner of Police believes on reasonable\ngrounds is the primary owner of the thing.\n(3) If the Commissioner of Police cannot identify the primary owner of\nthe thing, a thing released under this Division must be released to a\nperson whom the Commissioner of Police believes on reasonable\ngrounds owns, or has an interest in, the thing.\n\nLiquor Act 2019 148\n(4) The person to whom a thing is being released may arrange for the\nthing to be collected by another person on the person's behalf.\n(5) If an owner is identified after reasonable efforts, the Commissioner\nof Police must give written notice of the following to each owner:\n(a) the process for taking possession of the thing;\n(b) the process for disposing of the thing if no one takes\npossession of it.\n(6) The release of a thing under this Division does not affect any\nproperty right a person may have in the thing.\n(7) A thing to be released under this Division must be dealt with under\nsection 166 of the Police Administration Act 1978 if:\n(a) no owner or person with an interest in the thing is identified\nafter reasonable efforts; or\n(b) no owner or person with an interest in the thing is willing to\ntake possession of the thing within 90 days of being notified;\nor\n(c) no owner or person with an interest in the thing makes\narrangements to take possession of the thing within 90 days of\nbeing notified.\n","sortOrder":274},{"sectionNumber":"274","sectionType":"section","heading":"Forfeiture if person charged with offence","content":"274 Forfeiture if person charged with offence\n(1) This section applies if a person is charged with an offence against\nthis Act.\n(2) No application may be made for forfeiture of a thing used in the\ncommission of the offence unless the person is given prior notice of\nthe application.\n(3) The notice under subsection (2) must be given in one of the\nfollowing ways:\n(a) by including the notice in the statement of facts required for\nthe charge under section 60AF of the Local Court (Criminal\nProcedure) Act 1928;\n(b) by written notice served on the person before the proceedings\nfor the offence have ended.\n\nLiquor Act 2019 149\n(4) The notice under subsection (2) must include the following:\n(a) a description of the thing for which forfeiture will be sought;\n(b) a statement that summarises the effect of this section.\n(5) If the person is found guilty of the offence, any application for\nforfeiture must be made under section 99A of the Sentencing\nAct 1995.\n(6) If the person is not found guilty of the offence, any application for\nforfeiture must be made under this Division.\n","sortOrder":275},{"sectionNumber":"275","sectionType":"section","heading":"Police application for forfeiture of vehicle, vessel or aircraft","content":"275 Police application for forfeiture of vehicle, vessel or aircraft\n(1) Subject to section 274, a police officer may apply to the Local Court\nfor an order under this Division for the forfeiture of a vehicle, a\nvessel or an aircraft if:\n(a) the vehicle, vessel or aircraft was used in the commission of a\nforfeiture offence; and\n(b) the officer believes on reasonable grounds that the quantity of\nliquor involved in the forfeiture offence exceeds 10 standard\ndrinks.\n(2) To avoid doubt, an application may be made under this Division\neven if the vehicle, vessel or aircraft was not seized under this Act.\n(3) If a person is charged with an offence against this Act in relation to\nthe vehicle, vessel or aircraft, no application may be made or\ncontinued under this Division unless:\n(a) all proceedings for all offences against this Act in relation to\nthe vehicle, vessel or aircraft have ended; and\n(b) no person is found guilty of any of those offences.\n(4) The application must be lodged with the Local Court as follows:\n(a) if no person is charged with an offence against this Act in\nrelation to the vehicle, vessel or aircraft – within 28 days after\nthe offence was alleged to have been committed;\n(b) in the circumstances specified in subsection (3) – within\n7 days after the day the last of the proceedings ended.\n\nLiquor Act 2019 150\n(5) The application must be in the form prescribed by regulation, if any,\nand state clearly the particulars of the following:\n(a) the forfeiture offence in respect of which the vehicle, vessel or\naircraft was seized;\n(b) the vehicle, vessel or aircraft.\n(6) The police officer making the application must take reasonable\nefforts to:\n(a) identify any person who owns or has an interest in the vehicle,\nvessel or aircraft; and\n(b) serve a copy of the application on any persons so identified\nand located.\n","sortOrder":276},{"sectionNumber":"276","sectionType":"section","heading":"Order to bring an early application","content":"276 Order to bring an early application\n(1) A person may apply to the Local Court for an order to require the\nCommissioner of Police to make an application under section 275\nif:\n(a) a vehicle, vessel or aircraft was seized under this Act; and\n(b) a person was charged with a forfeiture offence in respect of\nwhich the thing was seized; and\n(c) the Commissioner of Police refuses to release the vehicle,\nvessel or aircraft under section 271; and\n(d) the applicant wants the vehicle, vessel or aircraft released.\n(2) The Local Court may order that the Commissioner of Police make\nan application under section 275 for the vehicle, vessel or aircraft,\ndespite charges having been laid, for the purpose of making an\nearly determination of the matter.\n(3) If the Local Court makes an order referred to in subsection (2):\n(a) an application must be made under section 275 as soon as\npracticable despite section 275(3); and\n(b) no other application may be made under this Division or the\nSentencing Act 1995 in respect of the vehicle, vessel or\naircraft.\n(4) If the Commissioner of Police fails to make the application in\naccordance with the order, the Commissioner of Police must\nimmediately release the vehicle, vessel or aircraft.\n\nLiquor Act 2019 151\n","sortOrder":277},{"sectionNumber":"277","sectionType":"section","heading":"Presumptions","content":"277 Presumptions\n(1) There is a presumption in favour of forfeiture of a vehicle, vessel or\naircraft used in the commission of a forfeiture offence if the Local\nCourt is satisfied on the balance of probabilities that:\n(a) the quantity of liquor involved in the forfeiture offence exceeds\n50 standard drinks; or\n(b) the forfeiture is unopposed despite reasonable efforts being\ntaken to identify and notify any person who owns or has an\ninterest in the vehicle, vessel or aircraft.\n(2) In the case of an order under section 99A of the Sentencing\nAct 1995, there is a presumption against forfeiture of a vehicle,\nvessel or aircraft used in the commission of an offence if the Local\nCourt is satisfied on the balance of probabilities that the quantity of\nliquor involved in the offence does not exceed 10 standard drinks.\n","sortOrder":278},{"sectionNumber":"278","sectionType":"section","heading":"Order of forfeiture","content":"278 Order of forfeiture\n(1) After hearing an application under section 275, the Local Court\nmay:\n(a) order that a vehicle, vessel or aircraft seized under this Act be\nforfeited to the Territory;\n(b) order that a vehicle, vessel or aircraft be seized and forfeited\nto the Territory;\n(c) order that a vehicle, vessel or aircraft seized under this Act be\nreleased;\n(d) order that a vehicle, vessel or aircraft seized under this Act be\nheld for a specified period and then released.\n(2) The Local Court must not order that a vehicle, vessel or aircraft be\nforfeited unless satisfied that:\n(a) the vehicle, vessel or aircraft was used in the commission of a\nforfeiture offence; and\n(b) the quantity of liquor involved in the forfeiture offence\nexceeded 10 standard drinks; and\n(c) it is appropriate in the circumstances to do so.\n(3) Subsection (2)(b) does not apply if the Local Court is making the\norder in accordance with section 99A of the Sentencing Act 1995.\n\nLiquor Act 2019 152\n(4) Before making an order under this section, the Local Court must\nconsider the following:\n(a) the presumption in section 277;\n(b) the approximate value of the vehicle, vessel or aircraft;\n(c) whether forfeiture is a proportionate response to the offence\ngiven the value of the vehicle, vessel or aircraft and the nature\nof the forfeiture offence;\n(d) the hardship that forfeiture is likely to cause to any person;\n(e) the role of the vehicle, vessel or aircraft in the community and\nthe effect that forfeiture is likely to have on the community;\n(f) whether the forfeiture offence was engaged in for the purpose\nof financial benefit;\n(g) the extent to which an owner of the vehicle, vessel or aircraft\nwas unaware of the forfeiture offence or not reasonably able\nto prevent the forfeiture offence;\n(h) the need for general or specific deterrence of the forfeiture\noffence, and the extent to which forfeiture would assist with\ndeterrence.\n","sortOrder":279},{"sectionNumber":"279","sectionType":"section","heading":"Delivery of possession","content":"279 Delivery of possession\n(1) When making an order specified in section 278(1)(b), the Local\nCourt may order that:\n(a) any person in possession of the vehicle, vessel or aircraft\ndeliver possession of it to a police officer within a specified\ntime; and\n(b) the person must pay a specified amount to the Territory, not\nexceeding the approximate value of the vehicle, vessel or\naircraft, if the person fails to deliver it as ordered.\n(2) If served with an order specified in section 278(1)(b), a person in\npossession of a vehicle, vessel or aircraft that is subject to the order\nmust deliver possession of it in accordance with the order.\n","sortOrder":280},{"sectionNumber":"280","sectionType":"section","heading":"Matters not admissible in criminal proceedings","content":"280 Matters not admissible in criminal proceedings\nAnything said or done by a person in respect of an application\nunder this Division is not admissible against that person in any\ncriminal proceeding.\n\nLiquor Act 2019 153\n","sortOrder":281},{"sectionNumber":"281","sectionType":"section","heading":"Appeals","content":"281 Appeals\n(1) The following may appeal an order under section 278 in respect of\na vehicle, vessel or aircraft:\n(a) an owner of it;\n(b) a person with an interest in it;\n(c) a person in possession of it.\n(2) The appeal is to the Supreme Court.\n(3) The appeal may be made as if the person were a defendant making\nan appeal under section 163 of the Local Court (Criminal\nProcedure) Act 1928.\n(4) The appeal is limited to questions of law.\n","sortOrder":282},{"sectionNumber":"282","sectionType":"section","heading":"Effect of forfeiture","content":"282 Effect of forfeiture\nSubject to any Act of the Commonwealth, a thing forfeited to the\nTerritory under this Act becomes the public property of the Territory\nand extinguishes all other interests in the thing.\nNotes for section 282\n1 The Personal Property Securities Act 2009 (Cth) protects security interests in\ngoods.\n2 The sale and disposal of public property is also governed by the Financial\nManagement Act 1995.\n283 Sale of adulterated liquor\n(a) the person is a licensee or a licensee's employee; and\n(b) the person intentionally sells, supplies or serves liquor to\n(c) the liquor is adulterated and the person is reckless in relation\nto that circumstance.\n\nLiquor Act 2019 154\n(2) Strict liability applies to subsection (1)(a).\n","sortOrder":283},{"sectionNumber":"284","sectionType":"section","heading":"Permitting riotous conduct on or in licensed premises","content":"284 Permitting riotous conduct on or in licensed premises\n(1) A licensee or a licensee's employee must not permit indecent,\nviolent, quarrelsome or riotous conduct to occur on or in the\n","sortOrder":284},{"sectionNumber":"285","sectionType":"section","heading":"Prohibition of liquor to intoxicated person","content":"285 Prohibition of liquor to intoxicated person\n(a) the person is a licensee or a licensee's employee; and\n(b) the person intentionally sells or otherwise supplies liquor to\n(c) the other person is on or in the licensed premises and is\nintoxicated, and the person is reckless in relation to those\ncircumstances.\n(a) the person is a registered complimentary server of liquor or an\nemployee of a registered complimentary server of liquor; and\n(b) the person intentionally serves or otherwise supplies liquor to\n(c) the other person is intoxicated and on or in the premises\noperated or managed under a registration certificate issued\nunder section 41, and the person is reckless in relation to\nthose circumstances.\n\nLiquor Act 2019 155\n(3) Strict liability applies to subsections (1)(a) and (2)(a).\n","sortOrder":285},{"sectionNumber":"286","sectionType":"section","heading":"Offences about misrepresentation of identity","content":"286 Offences about misrepresentation of identity\n(1) A person must not misrepresent the person's identity for the\npurpose of purchasing liquor.\n(2) A person commits an offence if the person:\n(a) intentionally purchases liquor; and\n(b) intentionally misrepresents the person's identity to the\nlicensee or the licensee's employee at the time of purchase\nby:\n(i) making oral statements that are false; or\n(ii) presenting a form of written identification that is fictitious,\nfalse or relates to someone else.\n(3) A person commits an offence if:\n(a) the person intentionally presents a document to purchase\nliquor; and\n(b) the document could reasonably be taken to be a form of\nidentification of the person and the person has knowledge of\nthat circumstance; and\n(c) the document is fictitious or false in respect of the person's\nidentity or relates to another person's identity and the person\nhas knowledge of that circumstance.\n(4) A person commits an offence if:\n(a) the person intentionally provides a form of the person's\nidentification to another person; and\n(b) the other person uses the identification to misrepresent the\nother person's identity to purchase liquor contrary to this Act;\nand\n\nLiquor Act 2019 156\n(c) the person is reckless in relation to the circumstance in\nparagraph (b).\n(5) Strict liability applies to subsection (4)(b).\n","sortOrder":286},{"sectionNumber":"287","sectionType":"section","heading":"Seizure of document wrongly used as form of identification","content":"287 Seizure of document wrongly used as form of identification\n(1) A licensee and the licensee's employees must seize a form of\nidentification produced to the licensee or employee, if the licensee\nor employee believes on reasonable grounds that:\n(a) the identification is fictitious, false or relates to another person;\nand\n(b) the person producing the identification is using it to purchase\nliquor or to enter or remain on or in licensed premises contrary\nto this Act.\n(2) A licensee or a licensee's employee who seizes a form of\nidentification must, as soon as practicable, tell the person producing\nthe document that it is being seized and will be given to the Director\nwithin 72 hours.\n(3) A licensee or a licensee's employee who seizes a form of\nidentification must give it to the Director as soon as practicable and\nno later than 72 hours after the time of seizure.\n(4) A person commits an offence if the person contravenes\nsubsection (2) or (3).\n(6) A failure to comply with subsection (2) or (3) does not affect the\nvalidity of the seizure.\n(7) As soon as the Director is given a form of identification seized\nunder this section, the Director must:\n(a) if it is relevant to a contravention of this Act – take all\nreasonable steps for it to be used as evidence in relation to\nthe contravention; or\n(b) if it is not relevant – take all reasonable steps to return it to the\nperson to whom it relates.\n\nLiquor Act 2019 157\n","sortOrder":287},{"sectionNumber":"288","sectionType":"section","heading":"Providing false information to inspector or police officer","content":"288 Providing false information to inspector or police officer\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is an inspector or a police officer; and\n(c) the information is false in a material particular and the person\nis reckless in relation to that circumstance; and\n(d) the inspector or police officer is acting in an official capacity\nand the person has knowledge of that circumstance.\n(2) Strict liability applies to subsection (1)(b).\n(3) In this section:\nacting in an official capacity, in relation to an inspector or a police\nofficer, means the inspector or officer is exercising powers or\nperforming functions under, or otherwise related to the\nadministration of, this Act.\n","sortOrder":288},{"sectionNumber":"289","sectionType":"section","heading":"Offence to disclose confidential information","content":"289 Offence to disclose confidential information\n(a) the person obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; and\n(b) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the information;\nand\n\nLiquor Act 2019 158\n(e) the person is reckless in relation to the result and\ncircumstance referred to in paragraph (d).\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) If the information referred to in subsection (1) relates to a person, it\nis a defence to a prosecution for an offence against that\nsubsection if the person consented to the disclosure of the\ninformation.\nNote for section 289\nIn addition to the circumstances mentioned in this section, a person who\ndiscloses information mentioned in this section will not be criminally responsible\nfor an offence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\n","sortOrder":289},{"sectionNumber":"290","sectionType":"section","heading":"Posting of licence","content":"290 Posting of licence\n(1) A licensee, other than an interstate retailer, must ensure that the\nfollowing are posted in a conspicuous place on or in the licensed\npremises that is visible to patrons:\n(a) a copy of the licence and all authorities held by the licensee;\n(b) the name of the licensee or its nominee;\n(c) a statement of the hours of operation;\n(d) a notice that liquor will not be sold to persons under 18 years\nof age.\nsubsection (2) if the defendant establishes that the licence or\nauthority was in the possession of the Director.\n\nLiquor Act 2019 159\n","sortOrder":290},{"sectionNumber":"291","sectionType":"section","heading":"Producing licence and documents on demand","content":"291 Producing licence and documents on demand\n(1) A licensee must produce the licence and all authorities held by the\nlicensee to an inspector or a police officer on demand of the\ninspector or officer.\n(2) A licensee must produce to an inspector, within 24 hours of a\ndemand from the inspector, all agreements and other records\nestablishing or evidencing:\n(a) the contractual relationship between the licensee and any\ncurrent manager, lessee or other operator of the licensed\n(b) the employment or contractual relationship with all employees\nand contractors working on or in the licensed premises.\nsubsection (3) if the defendant establishes that, at the time of the\nalleged offence, the licence, authority or other document was in the\npossession of the Director.\n","sortOrder":291},{"sectionNumber":"292","sectionType":"section","heading":"Permitting breach of Gaming Control Act 1993","content":"292 Permitting breach of Gaming Control Act 1993\n(a) a person is found guilty of an offence against the Gaming\nControl Act 1993; and\n(b) the offence occurred on the licensee's licensed premises; and\n(c) the licensee had knowledge of the conduct constituting the\noffence against that Act.\n(2) Strict liability applies to subsection (1)(a) and (b).\n","sortOrder":292},{"sectionNumber":"293","sectionType":"section","heading":"Contravening licence conditions","content":"293 Contravening licence conditions\n(a) the licensee intentionally engages in conduct; and\n\nLiquor Act 2019 160\n(b) the conduct results in a contravention of a condition of the\nlicensee's licence or authority and the licensee is reckless in\nrelation to that result; and\n(c) the contravention does not constitute another offence against\nthis Act.\n(2) Strict liability applies to subsection (1)(c).\n(3) To avoid doubt, references in subsection (1)(b) to licence and\nconduct include an interstate retailer's licence and conduct outside\nthe Territory.\n","sortOrder":293},{"sectionNumber":"294","sectionType":"section","heading":"Purchase of unauthorised liquor","content":"294 Purchase of unauthorised liquor\n(a) the person intentionally purchases liquor; and\n(b) the sale of the liquor is not authorised by an interstate\nretailer's licence or both a licence and an authority and the\nperson is reckless in relation to that circumstance.\n(2) An inspector or a police officer carrying out duties under this Act is\nexempt from subsection (1).\n","sortOrder":294},{"sectionNumber":"295","sectionType":"section","heading":"Meaning of guardian","content":"295 Meaning of guardian\nguardian, in relation to a child, means:\n(a) the child's legal guardian; and\n(b) an adult who is given the care and control of the child by the\nchild's parent or legal guardian.\n","sortOrder":295},{"sectionNumber":"296","sectionType":"section","heading":"Using child to purchase or collect liquor","content":"296 Using child to purchase or collect liquor\n(1) A person must not send a child to purchase or collect liquor from\n\nLiquor Act 2019 161\n","sortOrder":296},{"sectionNumber":"297","sectionType":"section","heading":"Child employee","content":"297 Child employee\n(1) Subject to subsection (2), a licensee must not employ a child to sell\nor supply liquor.\n(2) The Director may, by written notice, give permission to a licensee to\nemploy a child to sell or supply liquor on or in licensed premises as:\n(a) the licensee's employee; or\n(b) someone undergoing employment training.\n(3) The Director may give the permission generally or on application by\nthe licensee.\n(4) A licensee commits an offence if:\n(a) the licensee contravenes subsection (1); and\n(b) the licensee does not have permission from the Director under\nMaximum penalty: 85 penalty units.\n","sortOrder":297},{"sectionNumber":"298","sectionType":"section","heading":"Areas of licensed premises prohibited to children","content":"298 Areas of licensed premises prohibited to children\n(1) The Director may, by written notice, declare all or part of licensed\npremises to be an area or areas:\n(a) prohibited to children; or\n(b) prohibited to any child not accompanied by an adult who is the\nchild's parent, step-parent, spouse or guardian.\n(2) As soon as practicable after making the declaration referred to in\nsubsection (1), the Director must give the licensee of the licensed\npremises to which the declaration relates:\n(a) a copy of the written notice; and\n(b) a decision notice in relation to the decision to make the\n\nLiquor Act 2019 162\n(3) When given a copy of a notice under subsection (2), the licensee\nmust post and maintain a warning in the approved form at:\n(a) each entrance of the licensed premises, or area to which the\nnotice relates; and\n(b) other places on or in the licensed premises required by the\n(4) A licensee commits an offence if the licensee contravenes\nsubsection (3).\n","sortOrder":298},{"sectionNumber":"299","sectionType":"section","heading":"Permitting child to enter or remain in prohibited area","content":"299 Permitting child to enter or remain in prohibited area\n(1) A licensee and the licensee's employee must not permit a child to\nenter or remain on or in an area of licensed premises prohibited to\nchildren under section 298.\n(2) A licensee or a licensee's employee commits an offence if the\nlicensee or employee contravenes subsection (1).\nMaximum penalty: 85 penalty units.\nsubsection (2) if the defendant establishes that:\n(a) the child was an employee permitted by the Director under\nsection 297(2); or\n(b) the child was at least 16 years of age and provided the\ndefendant with a document that could reasonably be taken as\na form of identification that was reasonably acceptable as\nindicating the person was an adult.\n","sortOrder":299},{"sectionNumber":"300","sectionType":"section","heading":"Child's misrepresentation of age","content":"300 Child's misrepresentation of age\n(1) A child must not misrepresent the child's age for the purpose of:\n(a) entering or remaining on or in licensed premises contrary to a\ndeclaration under section 298; or\n(b) purchasing liquor.\n\nLiquor Act 2019 163\n(2) A child commits an offence if the child:\n(a) intentionally purchases liquor; and\n(b) intentionally misrepresents the child's age to the licensee or\nthe licensee's employee at the time of purchase by:\n(i) making an oral statement that is false; or\n(ii) presenting a form of identification that is fictitious or false\nin respect of the child's age or relates to someone else.\n(3) A child commits an offence if:\n(a) the child intentionally presents a document to purchase liquor;\nand\n(b) the document could reasonably be taken to be a form of\nidentification of the child and the child has knowledge of that\ncircumstance; and\n(c) the document is fictitious or false in respect of the child's age\nor relates to someone else.\n(4) A person commits an offence if:\n(a) the person intentionally provides a form of the person's\nidentification to a child; and\n(b) the child intends to use the identification to misrepresent the\nchild's identity or age for a purpose contrary to this Act; and\n(c) the person is reckless in relation to the circumstance in\nparagraph (b).\nfor a purpose contrary to this Act means one of the following:\n(a) for a child to enter or remain on or in licensed premises\ncontrary to a declaration under section 298;\n(b) for a child to purchase or attempt to purchase liquor.\n\nLiquor Act 2019 164\n","sortOrder":300},{"sectionNumber":"301","sectionType":"section","heading":"Irresponsible service or supply of liquor to child","content":"301 Irresponsible service or supply of liquor to child\n(1) A person must not serve or supply liquor to a child unless:\n(a) the person is an adult who is a parent, step-parent, spouse or\nguardian of the child; and\n(b) the person supervises the child responsibly.\n(a) the person intentionally serves or supplies liquor to another\nperson; and\n(b) the other person is a child and the person is reckless in\nrelation to that circumstance; and\n(c) the person is not an adult who is a parent, step-parent, spouse\nor guardian of the child or is not supervising the child\nresponsibly.\n(3) Strict liability applies to subsection (2)(c).\n(4) The following matters must be taken into account when considering\nwhether the child was supervised responsibly:\n(a) whether the adult was impaired in any way;\n(b) whether the child was intoxicated;\n(c) the age of the child;\n(d) whether the child was consuming the liquor with food;\n(e) the quantity of, and the period over which, the liquor was\nsupplied.\nsubsection (2) if the defendant establishes that the liquor was for\nthe purposes of worship associated with the celebration of a\nreligious service by a person approved by the Director.\n","sortOrder":301},{"sectionNumber":"302","sectionType":"section","heading":"No liquor for child on or in licensed premises","content":"302 No liquor for child on or in licensed premises\nA child must not consume or possess liquor on or in licensed\n\nLiquor Act 2019 165\n","sortOrder":302},{"sectionNumber":"303","sectionType":"section","heading":"Offence to sell, supply or serve liquor to child on or in licensed","content":"303 Offence to sell, supply or serve liquor to child on or in licensed\npremises\n(a) the person is a licensee; and\n(c) the conduct results in a child being sold, supplied with or\nserved liquor or consuming liquor on or in licensed premises,\nand the person is reckless in relation to that result.\n(a) the person is a licensee's employee; and\n(c) the conduct results in a child being sold, supplied with or\nserved liquor or consuming liquor on or in licensed premises,\nand the person is reckless in relation to that result.\n(3) Strict liability applies to subsections (1)(a) and (2)(a).\n(a) the person to whom the liquor was sold, supplied or served\nwas at least 16 years of age; and\n(b) before the liquor was sold, supplied or served to the person,\nthe person provided a form of identification that was\nreasonably acceptable as indicating the person was an adult.\n(a) the defendant did not directly sell, supply or serve the liquor to\nthe child and did not directly allow the child to consume the\nliquor; and\n(b) the liquor was sold, supplied or served to an adult\naccompanying the child; and\n(c) the adult was the child's parent, step-parent, spouse or\nguardian; and\n\nLiquor Act 2019 166\n(d) the defendant reasonably expected the adult would ensure the\nchild would not obtain or consume the liquor.\n(6) It is a defence to a prosecution for an offence against\n(a) the defendant did not directly sell or supply the liquor to the\nchild and did not directly allow the child to consume the liquor;\nand\n(b) the defendant exercised proper diligence to prevent the sale,\nsupply or service of liquor to, or consumption of liquor by, the\nchild in contravention of that subsection.\n","sortOrder":303},{"sectionNumber":"304","sectionType":"section","heading":"Falsely representing to be inspector","content":"304 Falsely representing to be inspector\nA person commits an offence if the person:\n(a) intentionally represents, by words or conduct, that the person\nor another person is an inspector officer; and\n(b) knows the representation is false.\n","sortOrder":304},{"sectionNumber":"305","sectionType":"section","heading":"Obstructing an inspector or a police officer","content":"305 Obstructing an inspector or a police officer\n(a) the person intentionally obstructs another person; and\n(b) the other person is an inspector or a police officer; and\n(c) the inspector or police officer is exercising a power under this\nAct and the person has knowledge of that circumstance.\n(2) Strict liability applies to subsection (1)(b).\n(3) In this section:\nobstruct includes hinder and resist.\n\nLiquor Act 2019 167\n","sortOrder":305},{"sectionNumber":"306","sectionType":"section","heading":"Criminal responsibility of individual for employee or agent","content":"306 Criminal responsibility of individual for employee or agent\n(1) A physical element of an offence committed by an employee or\nagent of an individual must also be attributed to the individual if the\nemployee or agent was acting within:\n(a) the actual or apparent scope of the employee's or agent's\nemployment; or\n(b) the employee's or agent's actual or apparent authority.\n(2) If intention, knowledge or recklessness is a fault element in relation\nto a physical element of an offence committed by an employee or\nagent of an individual, that fault element must be attributed to the\nindividual if the individual expressly, tacitly or impliedly authorised\nor permitted the commission of the offence.\nNote for section 306\nPart IIAA, Division 5, of the Criminal Code provides for the criminal responsibility\nof a body corporate for its employees and agents.\n","sortOrder":306},{"sectionNumber":"307","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"307 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence against this Act.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the offence.\n(2) An offence against subsection (1) is an offence of absolute liability.\nsubsection (1) if the defendant establishes that the defendant:\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the commission of the offence; or\n(b) took reasonable steps to prevent the commission of the\noffence; or\n(c) did not know, and could not reasonably have been expected\nto know, that the offence would be committed.\n(4) The defendant has a legal burden of proof in relation to a matter\nreferred to in subsection (3).\n\nLiquor Act 2019 168\n(5) In deciding whether the defendant took reasonable steps to prevent\nthe commission of the offence, a court of competent jurisdiction\nmust consider the following to the extent relevant:\n(a) any action the defendant took towards ensuring that:\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe Act;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment referred to\nin subparagraph (i);\n(iii) the body corporate's employees and agents had\nreasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\noffence relates; and\n(b) any action the defendant took after the defendant became\naware that the offence could be, or was about to be,\ncommitted.\n(6) Subsection (5) does not limit the matters the court may consider.\n(7) This section does not affect the liability of the body corporate.\n(8) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the offence with which the\nexecutive officer is charged.\n(9) Without limiting any other defence available to the officer, an\nexecutive officer may rely on a defence that would be available to\nthe body corporate if it were charged with the offence with which\nthe executive officer is charged and, in so doing, the officer bears\nthe same burden of proof that the body corporate would bear.\n(10) In this section:\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":307},{"sectionNumber":"309","sectionType":"section","heading":"Limitation of time for making complaint","content":"309 Limitation of time for making complaint\nA complaint under section 49 of the Local Court (Criminal\nProcedure) Act 1928 in respect of a forfeiture offence must be\nmade within 60 days after the date on which the matter of the\n\nLiquor Act 2019 169\ncomplaint arose, unless the quantity of liquor involved in the offence\nexceeds 50 standard drinks.\n","sortOrder":308},{"sectionNumber":"310","sectionType":"section","heading":"Averments in complaint","content":"310 Averments in complaint\nIn a proceeding for an offence against this Act, an averment may be\nmade in a complaint or information as evidence in respect of the\nfollowing physical elements of the offence:\n(a) that a specified person was or was not, at a specified time, a\nlicensee;\n(b) that a licensee was or was not, at a specified time, issued an\n(c) that specified premises were or were not, at a specified time,\n(d) that a specified substance is or is not liquor, or is or is not a\nliquor product.\n","sortOrder":309},{"sectionNumber":"311","sectionType":"section","heading":"Certificate evidence","content":"311 Certificate evidence\n(1) A certificate purporting to be signed by the Director specifying that a\nspecified person was or was not registered as a wholesaler at a\nspecified time is evidence of the matter specified in the certificate.\n(2) A certificate purporting to be signed by the Director stating that on a\nspecified date a specified licensee had possession of a specified\nperson's credit card or debit card is evidence that the licensee had\npossession of the card in contravention of section 101(1).\n(3) In any proceeding for an offence against section 173(1), a\nplace was or was not, at a specified time, within a general restricted\narea, is evidence of the facts stated.\n(4) In any proceeding for an offence against section 183(1), a\nplace was or was not, at a specified time, within a special restricted\narea, is evidence of the facts stated.\n(5) In any proceeding for an offence against this Act, a certificate that\npurports to have been signed by an approved analyst and states\nthe result of an analysis of substance received from an inspector or\na police officer is evidence of the matters stated in the certificate.\n\nLiquor Act 2019 170\n","sortOrder":310},{"sectionNumber":"312","sectionType":"section","heading":"Results of breath analysis as evidence","content":"312 Results of breath analysis as evidence\nIn a proceeding under this Act in relation to whether a person was\nintoxicated, the result of a breath test or breath analysis taken in\naccordance with the Traffic Act 1987 is admissible as prima facie\nevidence.\n","sortOrder":311},{"sectionNumber":"313","sectionType":"section","heading":"Evidence in offences relating to children","content":"313 Evidence in offences relating to children\n(1) In any prosecution for an offence against section 298 or 299, a\ncertificate, purporting to be signed by the Director and stating that\npart of licensed premises was prohibited to children, and that notice\nof that prohibition was given to the licensee at a specified time, is\nevidence of the facts stated.\n(2) In any prosecution for an offence against section 301, the onus of\nproving that the care and control of a child had, at the relevant time,\nbeen given to a particular person by the child's parent or legal\nguardian rests on the defendant.\n","sortOrder":312},{"sectionNumber":"314","sectionType":"section","heading":"Request for information","content":"314 Request for information\n(1) For the purpose of performing functions or exercising powers under\nthis Act, the Commission or the Director may:\n(a) make any inquiries or conduct an investigations the\nCommission or Director considers necessary; and\n(b) by written notice, request a person to give specified\ninformation or documents to the Commission or Director within\na reasonable time specified in the notice.\n(2) A person commits an offence if the person does not comply with a\nrequest given to the person under subsection (1)(b).\n\nLiquor Act 2019 171\n","sortOrder":313},{"sectionNumber":"315","sectionType":"section","heading":"Delivery or service of documents","content":"315 Delivery or service of documents\n(1) A document, notice, direction or request may be given, delivered or\nlodged under this Act:\n(a) by serving it on the recipient as authorised by section 25 of the\nInterpretation Act 1978; or\n(b) by sending it to the recipient's email address as an attachment\nto an email.\n(2) Subject to evidence to the contrary, a document, notice, direction or\nrequest sent as mentioned in subsection (1)(b) is taken to be given\nto the recipient when it is sent to the recipient's email address.\nNote for section 315\nSee section 25(2) to (4) of the Interpretation Act 1978 for when notices, directions\nor requests served as mentioned in subsection (1)(a) are taken to be served.\n","sortOrder":314},{"sectionNumber":"316","sectionType":"section","heading":"Guidelines","content":"316 Guidelines\n(1) The Commission may, with the Minister's approval, make guidelines\nin relation to the operation and administration of this Act.\n(2) Without limiting subsection (1), the guidelines may relate to any of\nthe following matters:\n(a) applications for licences, authorities or other matters under\nthis Act;\n(b) the operation of licensed premises;\n(c) the obligations of licensees and their employees under this\nAct;\n(d) compliance with this Act;\n(e) complaints and disciplinary actions.\n(3) The guidelines must be published in a way determined by the\n(4) A licensee is not subject to a guideline until 14 days after the date\nthe Commission publishes the guideline.\n","sortOrder":315},{"sectionNumber":"317","sectionType":"section","heading":"Approved forms","content":"317 Approved forms\nThe Director may approve forms under this Act.\n\nLiquor Act 2019 172\n","sortOrder":316},{"sectionNumber":"318","sectionType":"section","heading":"Extending or abridging time","content":"318 Extending or abridging time\n(1) The Commission or Director may, at their discretion, extend or\nabridge a time limit specified under this Act for a procedure, power\nor function related to them respectively.\n(2) The Commission or Director may extend a time limit after it has\nexpired.\n(3) Failure by the Commission or the Director to meet a deadline under\nthis Act does not for that reason alone invalidate the action, matter\nor proceeding being conducted.\n","sortOrder":317},{"sectionNumber":"319","sectionType":"section","heading":"Regulations","content":"319 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The regulations may provide for the following:\n(a) the standard conditions to which each authority is subject;\n(b) a risk-based scheme for regulating licences and authorities;\n(c) permit systems for liquor in controlled areas;\n(d) prohibiting or regulating the quantities or kinds of liquor that\nmay be sold;\n(e) matters in relation to investigations, complaints and actions\ntaken by the Director in respect of a complaint or an\ninvestigation;\n(f) matters in relation to registers under this Act;\n(g) matters related to hearings by the Commission;\n(h) matters relating to enforceable undertakings;\n(i) prohibiting or regulating the giving of credit for the purchase of\nliquor from licensed premises;\n(j) the fees to be charged under this Act;\n(k) any conditions, requirements or other matters in relation to\nregistration under Part 3, Division 2A or 2B;\n(l) any further requirements, procedures or other matters in\nrelation to, or in connection with, the preparation, consultation\non and implementation of a community alcohol plan.\n\nLiquor Act 2019 173\n(3) The regulations may:\n(a) prescribe a fine for an offence against the regulations not\nexceeding:\n(i) if the offender is an individual – 100 penalty units; or\n(ii) if the offender is a body corporate – 500 penalty units;\nand\n(b) provide for infringement notices and the payment of an\namount prescribed by regulation instead of a penalty that may\notherwise be imposed for an offence against this Act; and\n(c) provide that a provision of the regulations applies generally or\nonly to specified persons, licences, authorities or licensed\n","sortOrder":318},{"sectionNumber":"320","sectionType":"section","heading":"Review of Act","content":"320 Review of Act\n(1) The Minister must review this Act to determine whether the policy\nobjectives of the Act remain valid and whether the terms of the Act\nremain appropriate for securing those objectives.\n(2) The review is to be undertaken as soon as possible after 3 years\nafter the date of assent to this Act.\n(3) A report on the outcome of the review is to be tabled in the\nAssembly within 12 months after the end of the period of 3 years.\nDivision 1 Repeals\n321 Acts repealed\nThe Acts specified in the Schedule are repealed.\n322 Definition\ncommencement means the commencement of section 321.\n\nLiquor Act 2019 174\n","sortOrder":319},{"sectionNumber":"323","sectionType":"section","heading":"Transition for registration of complimentary servers of liquor","content":"323 Transition for registration of complimentary servers of liquor\nUntil 1 July 2020, it is a defence to a prosecution for an offence\nagainst section 46 if:\n(a) the conduct consists of the service of not more than\n2 complimentary standard drinks in a day to a customer of a\nbusiness; and\n(b) an application is pending for registration of the business under\nPart 3, Division 2; and\n(c) the business is eligible for registration as a registered\ncomplimentary server of liquor.\n","sortOrder":320},{"sectionNumber":"324","sectionType":"section","heading":"Licences","content":"324 Licences\n(1) A licence or special licence issued under the Liquor Act 1978 and\nvalid immediately before the commencement continues in effect in\naccordance with its terms and conditions after the commencement.\n(2) A licence or special licence issued under the Liquor Act 1978\nexpires on the earlier of the following dates:\n(a) 1 October 2020;\n(b) the date the licence is converted under subsection (6).\n(3) A person holding a licence or special licence issued under the\nLiquor Act 1978 may apply to the Director to convert it into a licence\nwith equivalent authorities under this Act.\n(4) An application to convert a licence or special licence must be:\n(a) lodged with the Director before 1 April 2020; and\n(b) in the approved form.\n(5) If a licensee does not submit an application before 1 April 2020, the\nDirector may proceed to convert the licence or special licence\nunder subsection (6)(b) or (c) without the licensee's consent or\nparticipation.\n(6) After considering the application, the Director must:\n(a) issue a licence with the authorities and conditions the\napplicant considers equivalent to the licence or special licence\nissued under the Liquor Act 1978; or\n\nLiquor Act 2019 175\n(b) issue a licence with the authorities and conditions the Director\nconsiders equivalent to the licence or special licence issued\nunder the Liquor Act 1978; or\n(c) refuse to issue a licence and allow the licence or special\nlicence issued under the Liquor Act 1978 to expire.\n(7) Issuing licences and authorities under this section is not subject to\n(a) the public interest and community impact requirements,\nincluding any onus on the applicant to satisfy those\nrequirements;\n(b) the giving of public notice of an application;\n(c) the process of making objections to an application.\n","sortOrder":321},{"sectionNumber":"325","sectionType":"section","heading":"Transfer of licence","content":"325 Transfer of licence\n(1) An application for the transfer of a licence or special licence made\nunder the Liquor Act 1978 is to proceed and be determined under\nthat Act unless the applicant gives the Director written notice that\nthe applicant wishes to proceed and have the application\ndetermined under this Act.\n(2) The provisions of section 324 of this Act apply in relation to the\nlicence or special licence being transferred.\n","sortOrder":322},{"sectionNumber":"326","sectionType":"section","heading":"Substitution of licensed premises","content":"326 Substitution of licensed premises\n(1) This section applies to the following applications for the substitution\nof licensed premises:\n(a) an application made under section 46A of the Liquor Act 1978\nduring the period from 27 February 2018 to\n30 September 2019;\n(b) an application made under section 75 of this Act during the\nperiod from 1 October 2019 to the commencement.\n(2) An application that is not determined by the Commission before the\ncommencement is to proceed and be determined under\nsection 75(2) and (2A) of this Act, as in force after the\n(3) An application that was determined by the Commission before the\ncommencement cannot be resubmitted to the Commission for a\ndetermination under section 75(2) and (2A).\n\nLiquor Act 2019 176\n(4) If an application was refused by the Commission before the\ncommencement, the licensee may apply to NTCAT for a rehearing\nof the application in accordance with section 75(2) and (2A).\n(5) The licensee may apply for a review under subsection (4) even if\nthe refusal of the application was reviewed by NTCAT before the\n(6) An application for review by NTCAT under subsection (4) must be\nmade within the later of the following:\n(a) 28 days after the commencement;\n(b) a period or day specified by NTCAT or the Supreme Court.\n(7) For the purpose of the rehearing, NTCAT is not limited to evidence\nand material that was before the Commission.\n(8) This section has effect despite any law of the Territory or decision\nof NTCAT or the Supreme Court to the contrary.\n(9) In this section:\ncommencement means the commencement of section 4 of the\nLiquor Amendment Act 2020.\n","sortOrder":323},{"sectionNumber":"327","sectionType":"section","heading":"BYO restaurants","content":"327 BYO restaurants\n(1) A person who, immediately before the commencement, operated a\nrestaurant that served liquor brought by a patron for consumption\nwith food provided by the person is exempt from Part 3 of this Act\nuntil 1 October 2021 and may continue to serve liquor to patrons for\nconsumption with food provided by the person until immediately\nbefore that date.\n(2) Subsection (1) ceases to apply on the commencement of\nsection 336.\n328 Fees\n(1) No annual fee is payable under this Act for a licence issued under\nthe Liquor Act 1978.\n(2) The annual fee for any licence or authority issued under this Act\nbefore 31 December 2020 is payable on or before 2 January 2021.\n(3) The Director must, before 1 October 2020, give the holder of a\nlicence issued under the Liquor Act 1978 a written estimate of the\namount of the annual fee prescribed by regulation for the licence\nand authorities converted under section 324 of this Act.\n\nLiquor Act 2019 177\n(4) The annual fee for the licence and authorities converted under\nsection 324 of this Act must be paid on or before 2 January 2021.\n","sortOrder":324},{"sectionNumber":"329","sectionType":"section","heading":"Regulated areas","content":"329 Regulated areas\n(1) Any area that was a general restricted area under section 81 of the\nLiquor Act 1978 immediately before the commencement is taken to\nbe a general restricted area under section 172 of this Act.\n(2) Any area that was a special restricted area under section 101AD of\nthe Liquor Act 1978 immediately before the commencement is\ntaken to be a special restricted area under section 182 of this Act.\n(3) Any premises that were restricted premises under section 101B of\nthe Liquor Act 1978 immediately before the commencement are\ntaken to be restricted premises under section 188 of this Act.\n(4) Any licensed premises or parts of licensed premises that were\nareas where a child must not enter or remain under section 106 of\nthe Liquor Act 1978 immediately before the commencement are\ntaken to be areas prohibited to children under section 298 of this\nAct.\n(5) Any declaration of a regulated place under section 101T of the\nLiquor Act 1978 in effect immediately before the commencement\nceases to have effect on the commencement.\n(6) Any exemption from, or permission to, consume liquor in a\nregulated place made by the Director-General or a local council in\neffect under the Liquor Act 1978 immediately before the\ncommencement is taken to be permission to consume liquor in a\npublic place under section 200 of this Act.\n(7) Any area that was a designated area under the Liquor Act 1978\nimmediately before the commencement is taken to be a high risk\narea under section 210 of this Act.\n","sortOrder":325},{"sectionNumber":"330","sectionType":"section","heading":"Permits","content":"330 Permits\nA permit issued under section 87, 89A or 101AI of the Liquor\nAct 1978 and valid immediately before the commencement is taken\nto be a permit issued under this Act and continues in effect in\naccordance with its terms and conditions.\n","sortOrder":326},{"sectionNumber":"331","sectionType":"section","heading":"Officers","content":"331 Officers\n(1) A person holding office as an assessor under the Liquor Act 1978\nimmediately before the commencement is taken to be an assessor\nappointed under section 12 of this Act.\n\nLiquor Act 2019 178\n(2) A person holding office as an inspector under the Liquor Act 1978\nimmediately before the commencement is taken to be an inspector\nappointed under section 16 of this Act.\n","sortOrder":327},{"sectionNumber":"332","sectionType":"section","heading":"Patron identification system","content":"332 Patron identification system\nThe identification system established by the Minister under\nsection 31A of the Liquor Act 1978 is taken to be the identification\nsystem established under Part 6, Division 1 of this Act.\n","sortOrder":328},{"sectionNumber":"333","sectionType":"section","heading":"Seized things","content":"333 Seized things\n(1) Part 10, Division 6, of this Act applies to any thing seized under the\nLiquor Act 1978 and still in the possession of the Commissioner of\nPolice or the Police Force immediately before the commencement.\n(2) For the purpose of applying the definition of forfeiture offence in\nsection 4(1) of this Act to any thing seized under the Liquor\nor the Police Force immediately before the commencement, the\nfollowing sections of that Act are taken to be a forfeiture offence:\n(a) section 75;\n(b) section 101AE;\n(c) section 115;\n(d) section 116.\n(3) For the purpose of lodging an application for forfeiture under\nsection 278 of this Act for any thing seized under the Liquor\nor the Police Force immediately before the commencement, the\ntime limit is within 28 days after the commencement if no person is\ncharged with the offence.\n(4) The Commissioner of Police must include in the first report made\nunder section 248 of this Act after the commencement information\nabout all vehicles, vessels and aircraft seized under the Liquor\nor the Police Force immediately before the commencement.\n\nDivision 3 Expedited determination of applications under Liquor Act 1978\nLiquor Act 2019 179\nDivision 3 Expedited determination of applications under\nLiquor Act 1978\n334 Power of Director to expedite applications\n(1) This section applies in relation to the following applications:\n(a) an application for the substitution of licensed premises that:\n(i) was made under section 46A of the Liquor Act 1978\nbefore its repeal; and\n(ii) was refused by the Commission; and\n(iii) is, on the commencement, subject to an application for a\nreview or rehearing by NTCAT that was lodged before\nthe commencement under section 31 or 326 of this Act;\nand\n(iv) was not determined by NTCAT under section 75(2)\nand (2A) of this Act before the commencement;\n(b) an application for a variation of licence conditions to allow\ntakeaway sales of liquor that:\n(i) was made under section 32A of the Liquor Act 1978\nbefore its repeal; and\n(ii) was not determined under that Act before the\n(2) The Director must determine the applications on an expedited basis\nwithin 30 days of the commencement.\n(3) The applications are not within the jurisdiction of the Commission\nand any previous decision of the Commission, under this Act or the\nLiquor Act 1978, in relation to the applications is of no effect.\n(4) To assist in determining the applications, the Director may:\n(a) for an application referred to in subsection (1)(a) – allow the\napplicant to propose a location for the substituted premises\nthat is an alternative to the location proposed in the\napplication; and\n(b) for any application – request further information in relation to\nthe application from the following:\n(i) the applicant;\n\n","sortOrder":329},{"sectionNumber":"Div 3","sectionType":"division","heading":"Expedited determination of applications under Liquor Act 1978","content":"Division 3 Expedited determination of applications under Liquor Act 1978\nLiquor Act 2019 180\n(ii) an Agency;\n(iii) any person or body who lodged an objection or made a\nsubmission in relation to the application.\n(5) The Director must determine the applications on the basis of the\n(a) the applications as lodged;\n(b) any objections lodged in relation to the applications;\n(c) any submissions made to, or evidence received by, the\nCommission or NTCAT in relation to the applications;\n(d) any information received by the Director under subsection (4).\n(6) The Director has all the powers and functions of the Commission to:\n(a) approve or refuse the applications; and\n(b) if an application is approved – impose or vary conditions on\nthe approval or on any licence, licenced premises or authority\nrelated to the application.\n(7) The Director may, but is not required to, consider and be satisfied\nof the matters referred to in section 49 of this Act.\n(8) A determination or decision by the Director under this section may\nbe made without:\n(a) giving prior notice to the applicant or any other person or\nbody; or\n(b) holding a hearing.\n(9) The rules of natural justice do not apply to a determination or\ndecision by the Director under this section.\n(10) When making a determination or decision under this section, the\nDirector must act independently and is not subject to direction from\nthe Minister, the Chief Executive Officer or any other person.\n(11) The Director must, without delay after determining an application\nunder this section:\n(a) give the applicant a decision notice; and\n(b) publish that decision notice.\n\n","sortOrder":330},{"sectionNumber":"Part 16","sectionType":"part","heading":"Transitional matters for Liquor Legislation Amendment Act 2021","content":"Part 16 Transitional matters for Liquor Legislation Amendment Act 2021\nLiquor Act 2019 181\n(12) Any determination or decision of the Director under this section is\nnot reviewable by NTCAT.\n(13) The following proceedings are terminated on the commencement:\n(a) any proceedings before NTCAT for a rehearing, under\nsection 326(4) of this Act, for the substitution of licensed\npremises referred to in subsection (1)(a);\n(b) any proceedings before the Commission for the variation of\nlicence conditions to allow takeaway sales of liquor referred to\nin subsection (1)(b).\n(14) This section and any determination or decision of the Director under\nthis section has effect despite anything to the contrary in the\n(a) Part 3, Division 4 of this Act;\n(b) section 31, 84(3) or 326 of this Act;\n(c) any decision made by the Commission or NTCAT in relation to\nthe applications before the commencement.\n(15) Subsections (3) and (14) do not affect the application of this Act,\nincluding the powers and functions of the Commission, in relation to\nany licence, licensed premises, licence condition or authority\napproved, issued or varied by the Director under this section.\n(16) In this section:\ncommencement means the commencement of this section.\nPart 16 Transitional matters for Liquor Legislation\nAmendment Act 2021\n","sortOrder":331},{"sectionNumber":"335","sectionType":"section","heading":"Definitions","content":"335 Definitions\nIn this Part:\namending Act means the Liquor Legislation Amendment Act 2021.\ncommencement means the commencement of section 7 of the\namending Act.\n\n","sortOrder":332},{"sectionNumber":"Part 17","sectionType":"part","heading":"Transitional Matters for Liquor Amendment Act 2023","content":"Part 17 Transitional Matters for Liquor Amendment Act 2023\nLiquor Act 2019 182\n","sortOrder":333},{"sectionNumber":"336","sectionType":"section","heading":"Abolition of BYO authorities","content":"336 Abolition of BYO authorities\n(1) A licensee who held a BYO authority immediately before the\ncommencement of the amending Act is taken to be a registered\nBYO server of liquor.\n(2) A registration mentioned in subsection (1) expires on 31 May 2024,\nunless earlier cancelled or revoked.\n(3) If a licensee held no authority other than a BYO authority\nimmediately before the commencement, the licensee's licence is\nrevoked on the commencement.\nPart 17 Transitional Matters for Liquor Amendment\nAct 2023\n","sortOrder":334},{"sectionNumber":"337","sectionType":"section","heading":"Requirement to publish boundaries of interim alcohol","content":"337 Requirement to publish boundaries of interim alcohol\nprotected area\nThe Director is not required to comply with section 170A(2) until\n90 days after the commencement of section 6 of the Liquor\nAmendment Act 2023.\n\nLiquor Act 2019 183\nsection 321\nLiquor Act 1978 Act No. 10, 1979\nLiquor Act 1979 Act No. 23, 1979\nLiquor Act 1980 Act No. 35, 1980\nLiquor Amendment Act 1981 Act No. 33, 1981\nLiquor Amendment Act (No. 2) 1981 Act No. 88, 1981\nLiquor Amendment Act (No. 3) 1981 Act No. 110, 1981\nLiquor Amendment Act 1982 Act No. 12, 1982\nLiquor Amendment Act (No. 2) 1982 Act No. 93, 1982\nLiquor Amendment Act 1984 Act No. 39, 1984\nLiquor Amendment Act 1986 Act No. 29, 1986\nLiquor Amendment Act (No. 2) 1986 Act No. 40, 1986\nLiquor Amendment Act 1988 Act No. 47, 1988\nLiquor Amendment Act (No. 2) 1988 Act No. 62, 1988\nLiquor Amendment Act 1989 Act No. 67, 1989\nLiquor Amendment Act 1990 Act No. 61, 1990\nLiquor Amendment Act (No. 2) 1990 Act No. 62, 1990\nLiquor Amendment Act 1991 Act No. 13, 1991\nLiquor Amendment Act 1992 Act No. 1, 1992\nLiquor Amendment Act (No. 2) 1992 Act No. 55, 1992\nLiquor Amendment Act 1993 Act No. 24, 1993\nLiquor Amendment Act (No. 2) 1993 Act No. 46, 1993\nLiquor Amendment Act (No. 3) 1993 Act No. 75, 1993\nLiquor Amendment Act 1996 Act No. 20, 1996\n\nLiquor Act 2019 184\nLiquor Amendment Act 1999 Act No. 70, 1999\nLiquor Amendment Act 2002 Act No. 76, 2002\nLiquor Amendment Act 2003 Act No. 8, 2004\nLiquor Amendment Act 2004 Act No. 14, 2004\n\nLiquor Act 2019 185\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\nLiquor Act 2019 (Act No. 29, 2019)\nAssent date 3 September 2019\nCommenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)\nStatute Law Revision and Repeals Act 2019 (Act No. 33, 2019)\nAssent date 6 November 2019\nCommenced pts 2 and 3: 11 December 2019 (Gaz G50,\n11 December 2019, p 2); rem: 7 November 2019 (s 2)\nLiquor Amendment Act 2020 (Act No. 11, 2020)\nAssent date 26 March 2020\nCommenced 27 March 2020 (s 2)\nLiquor Further Amendment Act 2020 (Act No. 25, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act No. 19,\n2021)\nAssent date 31 August 2021\nCommenced pt 6: 2 October 2021; rem: 29 September 2021 (Gaz G39,\n29 September 2021, p 1)\nLiquor Legislation Amendment Act 2021 (Act No. 24, 2021)\nAssent date 18 November 2021\nCommenced 19 November 2021 (s 2)\n\nLiquor Act 2019 186\nAssociations and Liquor Amendment Act 2022 (Act No. 12, 2022)\nAssent date 2 June2022\nCommenced 17 July 2022 (s 2)\nCriminal Code Amendment (Property Offences) Act 2022 (Act No. 24, 2022)\nAssent date 31 October 2022\nCommenced 30 April 2023 (Gaz G8, 13 April 2023, p 1)\nLiquor Amendment Act 2023 (Act No. 1, 2023)\nAssent date 15 February 2023\nCommenced 16 February 2023 (s 2)\nCriminal Justice Legislation Amendment (Sexual Offences) Act 2023 (Act No. 20, 2023)\nAssent date 17 August 2023\nCommenced 25 March 2024 (Gaz S20, 22 March 2024)\nJustice and Other Legislation Further Amendment Act 2024 (Act No. 9, 2024)\nAssent date 24 May 2024\nCommenced pt 4: 1 July 2024 (s 2(2)), s 2 Health Care Decision Making\nAct 2023 (Act No. 19, 2023) and Gaz G13, 20 June 2024, p 2;\npts 9 and 10: 1 July 2024 (s 2(3)); rem: 25 May 2024 (s 2(1));\npt 8: nc\nLiquor Legislation Amendment Act 2024 (Act No. 10, 2024)\nAssent date 24 May 2024\nCommenced pt 3: 1 July 2024 (Gaz S53, 24 June 2024); rem: 25 May\n2024 (s 2(1))\nLiquor Legislation Further Amendment Act 2024 (Act No. 19, 2024)\nAssent date 1 November 2024\nCommenced 2 November 2024 (s 2)\nLiquor Legislation Amendment (Repeal of Minimum Pricing) Act 2025 (Act No.2, 2025)\nAssent date 18 February 2025\nCommenced 1 March 2025 (Gaz S9, 28 February 2025)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 LIST OF AMENDMENTS\ns 4 amd No. 33, 2019, s 50; No. 24, 2021, s 4; No. 1, 2023, s 4; No. 2, 2025, s 4\nss 5A – 5C ins No. 2, 2025, s 5\ns 18A ins No. 10, 2024, s 4\ns 31 amd No. 24, 2021, s 5\ns 39 amd No. 24, 2021, s 6\npt 3\ndiv 2A hdg ins No. 24, 2021, s 7\nss 41A – 41D ins No. 24, 2021, s 7\npt 3\ndiv 2B hdg ins No. 24, 2021, s 7\nss 41E – 41H ins No. 24, 2021, s 7\ns 43 amd No. 33, 2019, s 50; No. 24, 2021, s 8\ns 47 amd No. 24, 2021, s 9; No. 10, 2024, s 5; No. 3, 2026, s 64\ns 53 amd No. 24, 2021, s 10\n\nLiquor Act 2019 187\ns 55 amd No. 24, 2021, s 11\ns 57 amd No. 24, 2021, s 12\ns 61 amd No. 24, 2021, s 13\ns 62 amd No. 24, 2021, s 14\ns 67 amd No. 24, 2021, s 15\ns 69 amd No. 24, 2021, s 16\ns 72 amd No. 24, 2021, s 17; No. 9, 2024, s 42\ns 73 amd No. 24, 2021, s 18\ns 75 amd No. 11, 2020, s 5\ns 76 amd No. 24, 2021, s 19\ns 82 amd No. 24, 2021, s 20\ns 85 amd No. 24, 2021, s 21\ns 88 amd No. 3, 2026, s 64\ns 95 amd No. 24, 2021, s 22\ns 96 amd No. 24, 2021, s 23\ns 104 rep No. 2, 2025, s 6\ns 105 amd No. 24, 2021, s 24\npt 5 hdg rep No. 2, 2025, s 7\npt 5\ndiv 1 hdg rep No. 2, 2025, s 7\ns 116 rep No. 2, 2025, s 7\npt 5\ndiv 2 hdg rep No. 2, 2025, s 7\nss 117 – 119 rep No. 2, 2025, s 7\npt 5\ndiv 3 hdg rep No. 2, 2025, s 7\nss 120 – 125 rep No. 2, 2025, s 7\npt 5\ndiv 4 hdg rep No. 2, 2025, s 7\nss 126 – 127 rep No. 2, 2025, s 7\ns 127 amd No. 24, 2021, s 25\ns 130 amd No. 19, 2021, s 80\ns 141 amd No. 24, 2021, s 26\ns 153 amd No. 24, 2021, s 27\ns 169 amd No. 24, 2021, s 28\npt 8\ndiv 1 hdg sub No. 12, 2022, s 6\ns 170 sub No. 12, 2022, s 6\namd No. 1, 2023, s 5\ns 170A ins No. 12, 2022, s 6\nsub No. 1, 2023, s 6\nss 170AB –\n170AE ins No. 1, 2023, s 6\ns 170B ins No. 12, 2022, s 6\namd No. 1, 2023, s 7\ns 170C ins No. 12, 2022, s 6\ns 170D ins No. 1, 2023, s 8\ns 171 amd No. 24, 2021, s 29\ns 171A ins No. 19, 2024, s 4\ns 174 amd No. 1, 2023, s 9\ns 200 amd No. 24, 2021, s 30\ns 205 amd No. 24, 2021, s 31\ns 209 amd No. 33, 2019, s 50; No. 24, 2022, s 35; No. 20, 2023, s 54\ns 214 amd No. 24, 2021, s 32\ns 216 amd No. 24, 2021, s 33\ns 234 amd No. 12, 2022, s 7\ns 236 amd No. 24, 2021, s 34\ns 243 amd No. 24, 2021, s 35\n\nLiquor Act 2019 188\ns 246 rep No. 12, 2022, s 8\ns 250 amd No. 24, 2021, s 36; No. 3, 2026, s 64\ns 252 amd No. 24, 2021, s 37\ns 253 amd No. 24, 2021, s 38\ns 274 amd No. 33, 2019, s 50\ns 275 amd No. 24, 2021, s 39\ns 278 amd No. 26, 2020, s 3\ns 303 amd No. 26, 2020, s 3; No. 24, 2021, s 40\ns 308 rep No. 24, 2021, s 41\ns 319 amd No. 33, 2019, s 50; No. 24, 2021, s 42; No. 1, 2023, s 10\ns 322 amd No. 25, 2020, s 4\ns 326 sub No. 11, 2020, s 6\ns 327 amd No. 24, 2021, s 43\ns 333 amd No. 26, 2020, s 3\npt 15\ndiv 3 hdg ins No. 25, 2020, s 5\ns 334 exp No. 29, 2010, s 334(5)\nins No. 25, 2020, s 5\npt 16 hdg exp No. 29, 2019, s 428\nins No. 24, 2021, s 44\ndiv 1 hdg exp No. 29, 2019, s 428\nss 335 – 336 exp No. 29, 2019, s 428\nins No. 24, 2021, s 44\npt 17 hdg ins No. 1, 2023, s 11\ns 337 exp No. 29, 2019, s 428\nins No. 1, 2023, s 11\ndiv 2 hdg exp No. 29, 2019, s 428\nss 338 – 342 exp No. 29, 2019, s 428\ndiv 3 hdg exp No. 29, 2019, s 428\nss 343 – 344 exp No. 29, 2019, s 428\ndiv 4 hdg exp No. 29, 2019, s 428\nss 345 – 346 exp No. 29, 2019, s 428\ndiv 5 hdg exp No. 29, 2019, s 428\nss 347 – 348 exp No. 29, 2019, s 428\ndiv 6 hdg exp No. 29, 2019, s 428\nss 349 – 350 exp No. 29, 2019, s 428\ndiv 7 hdg exp No. 29, 2019, s 428\nss 351 – 354 exp No. 29, 2019, s 428\ndiv 8 hdg exp No. 29, 2019, s 428\nss 355 – 356 exp No. 29, 2019, s 428\ndiv 9 hdg exp No. 29, 2019, s 428\nss 357 – 369 exp No. 29, 2019, s 428\ndiv 10 hdg exp No. 29, 2019, s 428\nss 370 – 372 exp No. 29, 2019, s 428\ndiv 11 hdg exp No. 29, 2019, s 428\nss 373 – 375 exp No. 29, 2019, s 428\n\nLiquor Act 2019 189\ndiv 12 hdg exp No. 29, 2019, s 428\nss 376 – 377 exp No. 29, 2019, s 428\ndiv 13 hdg exp No. 29, 2019, s 428\nss 378 – 379 exp No. 29, 2019, s 428\ndiv 14 hdg exp No. 29, 2019, s 428\nss 380 – 384 exp No. 29, 2019, s 428\ndiv 15 hdg exp No. 29, 2019, s 428\nss 385 – 392 exp No. 29, 2019, s 428\ndiv 16 hdg exp No. 29, 2019, s 428\nss 393 – 394 exp No. 29, 2019, s 428\ndiv 17 hdg exp No. 29, 2019, s 428\nss 395 – 397 exp No. 29, 2019, s 428\ndiv 18 hdg exp No. 29, 2019, s 428\nss 398 – 399 exp No. 29, 2019, s 428\ndiv 19 hdg exp No. 29, 2019, s 428\nss 400 – 401 exp No. 29, 2019, s 428\ndiv 20 hdg exp No. 29, 2019, s 428\nss 402 – 403 exp No. 29, 2019, s 428\ndiv 21 hdg exp No. 29, 2019, s 428\nss 404 – 408 exp No. 29, 2019, s 428\ndiv 22 hdg exp No. 29, 2019, s 428\nss 409 – 410 exp No. 29, 2019, s 428\ndiv 23 hdg exp No. 29, 2019, s 428\nss 411 – 413 exp No. 29, 2019, s 428\ndiv 24 hdg exp No. 29, 2019, s 428\nss 414 – 418 exp No. 29, 2019, s 428\ndiv 25 hdg exp No. 29, 2019, s 428\nss 419 – 421 exp No. 29, 2019, s 428\ndiv 26 hdg exp No. 29, 2019, s 428\nss 422 – 423 exp No. 29, 2019, s 428\ndiv 27 hdg exp No. 29, 2019, s 428\nss 424 – 425 exp No. 29, 2019, s 428\ndiv 28 hdg exp No. 29, 2019, s 428\nss 426 – 427 exp No. 29, 2019, s 428\ndiv 29 hdg exp No. 29, 2019, s 428\ns 428 exp No. 29, 2019, s 428","sortOrder":335}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":751},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2019 framework. The 2021 amendments added BYO server registration and small community group registration (Divisions 2A and 2B). The 2022-2023 amendments introduced a completely new Division 1 to Part 8 establishing 'interim alcohol protected areas' with their own community alcohol plan requirements, plus new offences for public consumption in prohibited places. The 2025 amendments added standard drink calculations and repealed minimum pricing provisions. The 2026 amendments made further technical changes. The Act now encompasses not just traditional liquor licensing but complex community-controlled alcohol management, identification scanning systems, and emergency powers that were not in the original scope."},"complexity_factors":["Extensive cross-referencing between Parts and Divisions (e.g., forfeiture offences defined in s.4 but operative across multiple Parts)","22 distinct licence authorities with varying conditions and limitations (ss.47, 84)","Nested conditional logic for offences — many require proof of intention, recklessness, and specific circumstances (e.g., ss.45-46, 285)","Multiple overlapping regulatory schemes: licensing, registration (wholesalers, BYO servers, complimentary servers, small community groups), restricted areas, and identification systems","Complex transitional provisions spanning Parts 15-17 with multiple commencement dates and savings provisions","Strict liability offences with specific defences creating layered criminal responsibility (e.g., ss.168, 307)","Ministerial and Commission powers that interact and can override each other (ss.88, 113, 182)","Mathematical formula for standard drinks with multiple variables (s.5B)","Extensive definitions section (s.4) with 40+ defined terms, many cross-referencing other legislation","Multiple review pathways: internal review by Director, NTCAT review, and Commission hearings with different rules applying to each"],"plain_english_summary":"This is the **Northern Territory Liquor Act 2019**, a comprehensive law that governs how alcohol can be sold, supplied, served, promoted and consumed throughout the Territory.\n\n**What it does:**\n- **Establishes a licensing system** for businesses that want to sell alcohol, with 22 different types of \"authorities\" (permissions) for specific activities — from small bars and restaurants to casinos, major events, and adult entertainment venues\n- **Creates a harm minimisation framework** requiring responsible service of alcohol, banning sales to intoxicated people, and controlling promotions that encourage excessive drinking\n- **Sets up restricted areas** where alcohol can be limited or prohibited entirely, including general restricted areas, special restricted areas, and restricted premises\n- **Provides enforcement powers** for inspectors and police, including entry to premises, searches, seizures, and undercover operations\n- **Establishes a patron identification system** to check if people are banned from purchasing alcohol\n- **Creates banning notices and exclusion orders** to keep problematic individuals away from licensed premises and high-risk areas\n\n**Who it affects:**\n- Anyone selling or serving alcohol (licensees, wholesalers, BYO restaurants, complimentary servers)\n- Consumers of alcohol in the NT\n- Communities in areas with alcohol restrictions\n- Police and regulatory officials\n\n**Why it matters:**\nThe Act puts **harm reduction at its centre** — its primary purpose is to minimise alcohol-related harm while balancing community interests, tourism, and industry development. It includes significant powers to control alcohol in Indigenous communities through restricted area declarations, and has been amended multiple times since 2019 to adjust these controls and other operational matters."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act's scope aligns with its stated primary and secondary purposes (s3): minimising alcohol‑related harm while regulating industry activity. It does not shift the core objects but substantially expands operational and enforcement detail—new registration classes, an ID‑scanning regime (ss32–41H; 128–131), enhanced Director/Commission discretion and urgent Ministerial powers (ss10,19,88). Those additions increase regulatory reach and administrative obligations but remain within the statute's declared purposes."},"complexity_factors":["Extensive defined terms and technical measurement rules create detailed thresholding (ss4,5,5A–5C,6).","Multiple registration regimes and registers (wholesalers, complimentary servers, BYO, small community groups) with distinct eligibility/renewal rules (ss32–41H).","Layered decision and review pathways: Director delegations, Commission decisions, and NTCAT review (ss10,11,19,29–31).","Numerous strict‑liability offences and varied penalty levels spread across administrative and criminal‑style enforcement (e.g. ss35,36,37,100,131).","Significant discretionary powers for Director, Commission and Minister (urgent licence conditions, directions, public interest tests) that affect regulated behaviour (ss10,19,88,145).","Interlocking procedural obligations (public notices, objections, affidavits, hearings) that drive compliance and administrative burden (ss26–31,62–64,110–116).","Cross‑statutory compliance duties tying licence conditions to other Territory Acts (Fire and Emergency, Public and Environmental Health, Alcohol Harm Reduction, Tobacco Control) (ss91–96).","Operational mandates with technology and privacy implications — mandatory ID scanning system design, use and disclosure limits (ss128–131).","Detailed premises controls (material alterations, maintenance, noise, signage) that impose capital and management obligations (ss90,93–99).","Record‑keeping and reporting requirements, including quarterly wholesaler returns and retention periods, create ongoing administrative costs (ss36,37,108)."],"plain_english_summary":"This Act establishes detailed rules for selling, supplying and wholesaling liquor in the Territory: licensing, registrations (wholesalers, BYO, complimentary and community groups), duties on licensees, an ID‑scanning system, local accords, enforcement powers and penalties. Primary purpose is to minimise alcohol‑related harm (s3). It affects licensees, suppliers and hospitality businesses; the Director and Liquor Commission decide licensing, conditions and enforcement (ss10,19). Regulated parties bear compliance costs, record‑keeping and penalty risk (ss100,131,35)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/liquor-act-2019","history":"/api/acts/liquor-act-2019/history","analysis":"/api/acts/liquor-act-2019/analysis","conflicts":"/api/acts/liquor-act-2019/conflicts","importantCases":"/api/acts/liquor-act-2019/important-cases","documents":"/api/acts/liquor-act-2019/documents"}}