{"id":"liquor-commission-act-2018","name":"Liquor Commission Act 2018","slug":"liquor-commission-act-2018","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30288,"registerId":"nt-liquor-commission-act-2018-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Liquor Commission Act 2018","content":"NORTHERN TERRITORY OF AUSTRALIA\nLIQUOR COMMISSION ACT 2018\nAs in force at 7 November 2019\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Application of Criminal Code ........................................................... 2\nPart 2 Northern Territory Liquor Commission\nDivision 1 Establishment, functions and powers of\nCommission\n5 Establishment of Commission ......................................................... 2\n6 Powers and functions of Commission .............................................. 3\nDivision 2 Membership of Commission\n7 Membership of Commission ............................................................ 3\n8 Chairperson and Deputy Chairperson ............................................. 4\n9 Chairperson administers affairs of Commission etc......................... 4\n10 Deputy members ............................................................................. 5\n11 Term of office................................................................................... 6\n12 Leave of absence ............................................................................ 6\n13 Resignation of member ................................................................... 6\n14 Termination of appointment of member ........................................... 6\n15 Validity of acts ................................................................................. 6\nDivision 3 Proceedings of Commission\n16 Convening of Commission ............................................................... 7\n17 Constitution of Commission ............................................................. 7\n18 Sittings of Commission .................................................................... 7\n19 Quorum............................................................................................ 7\n20 Procedure of Commission ............................................................... 7\n21 Disclosure of interest ....................................................................... 7\nPart 3 Matters relating to hearings by\nCommission\n22 Power to require person to give evidence or produce\nevidentiary material ......................................................................... 8\n\nLiquor Commission Act 2018 ii\n23 Person fails to comply with summons.............................................. 8\n24 Documents produced at hearing...................................................... 9\n25 Contempt ......................................................................................... 9\n26 Conduct constituting contempt of the Commission ........................ 10\n27 Person engaging in contempt ........................................................ 11\nPart 4 Review of Director's decisions\n29 Application for review .................................................................... 11\n30 Effect of application on decision of Director ................................... 12\n31 Commission to consider application .............................................. 12\n32 Conducting and deciding review .................................................... 12\n33 Notice of decision on review .......................................................... 13\n34 Subject to other Acts ..................................................................... 13\nPart 5 Miscellaneous matters\nDivision 1 Offences\n35 Unauthorised disclosure of confidential information ...................... 13\n36 Misleading information ................................................................... 14\nDivision 2 Administrative matters\n37 Delegation ..................................................................................... 15\n38 Annual report ................................................................................. 15\n39 Protection from liability .................................................................. 15\nDivision 3 Regulations\n40 Regulations.................................................................................... 16\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 7 November 2019\n____________________\nLIQUOR COMMISSION ACT 2018\nAn Act to establish the Northern Territory Liquor Commission, and for\nrelated purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Liquor Commission Act 2018.\n2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n3 Definitions\nIn this Act:\nChairperson:\n(a) means the Chairperson of the Commission appointed under\nsection 8(1); and\n(b) includes the Deputy Chairperson while acting as the\nChairperson.\nCommission means the Northern Territory Liquor Commission\nestablished by section 5.\ncontempt, of the Commission, see section 26.\nDeputy Chairperson means the Deputy Chairperson of the\nCommission appointed under section 8(1).\ndeputy, of a member, means a person appointed under section 10\nto be the deputy of a member.\nDirector, see section 4(1) of the Liquor Act 2019.\n\nPart 2 Northern Territory Liquor Commission\nDivision 1 Establishment, functions and powers of Commission\nLiquor Commission Act 2018 2\nmember means a member of the Commission appointed under\nsection 7 (including the Chairperson and Deputy Chairperson).\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n4 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 4\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.\nPart 2 Northern Territory Liquor Commission\nDivision 1 Establishment, functions and powers of\nCommission\n5 Establishment of Commission\n(1) The Northern Territory Liquor Commission is established.\n(2) The Commission:\n(a) is a body corporate with perpetual succession; and\n(b) has a common seal; and\n(c) is capable, in its corporate name, of:\n(i) acquiring, holding and disposing of real, leasehold and\npersonal property; and\n(ii) suing and being sued.\n(3) All courts, judges and persons acting judicially must take judicial\nnotice of the common seal of the Commission affixed to a\ndocument and must presume that it was duly affixed.\n(4) The Commission is an emanation of the Crown in the right of the\nTerritory.\n\nPart 2 Northern Territory Liquor Commission\nDivision 2 Membership of Commission\nLiquor Commission Act 2018 3\n6 Powers and functions of Commission\n(1) The Commission has the functions imposed on it under this Act or\nthe Liquor Act 2019, and must do any other thing that is necessary\nor convenient to be done for the proper performance of those\nfunctions.\n(2) Without limiting subsection (1), the Commission's functions include\nmaking decisions on all matters referred to it under the Liquor\nAct 2019.\n(3) The Commission has the power to do all things that are necessary\nor convenient to be done for, or incidental to, the performance of its\nfunctions.\nDivision 2 Membership of Commission\n7 Membership of Commission\n(1) The Minister must, by Gazette notice, appoint the members of the\nCommission.\n(2) The Commission consists of the number of members, not less\nthan 4, that the Minister considers appropriate for the proper\nconduct of the business of the Commission.\n(3) A person is qualified for appointment as a member if the Minister is\nsatisfied that the person has the appropriate knowledge, experience\nand expertise to be a member.\n(4) A person is not eligible to be appointed as a member if:\n(a) the person holds an office, or has an interest, in a club or body\ncorporate that holds a liquor licence or a gaming machine\nlicence; or\n(b) in the previous 2 years, the person has been disqualified from\nholding a liquor licence, either in the person's own right or as a\nnominated manager; or\n(c) the person has been declared bankrupt, applied to take the\nbenefit of a law for the relief of bankrupt or insolvent debtors,\ncompounded with creditors or made an assignment of the\nperson's remuneration for their benefit.\n(5) At least one member must have qualifications or appropriate\nknowledge, experience and expertise in health-related matters, and\nbe of good standing.\n\nPart 2 Northern Territory Liquor Commission\nDivision 2 Membership of Commission\nLiquor Commission Act 2018 4\n(6) For subsection (5), appropriate knowledge, experience and\nexpertise in health-related matters includes:\n(a) current or previous registration with the Australian Health\nPractitioner Registration Agency for at least 5 years; or\n(b) clinical experience the Minister considers to be the equivalent\nof registration mentioned in paragraph (a).\n(7) The exercise of the powers or the performance of the functions of\nthe Commission is not affected by a vacancy in the office of a\nmember.\n8 Chairperson and Deputy Chairperson\n(1) The Minister must appoint:\n(a) one of the members to be the Chairperson of the Commission;\nand\n(b) another of the members to be the Deputy Chairperson of the\nCommission.\n(2) A person appointed to be the Chairperson or Deputy Chairperson\nmust be a lawyer who has been admitted to the legal profession for\nat least 5 years and who is of good standing.\n(3) The Deputy Chairperson acts as Chairperson if:\n(a) there is a vacancy in the office of the Chairperson; or\n(b) the Chairperson:\n(i) is or is expected to be absent from duty or the Territory;\nor\n(ii) is unable to exercise the powers, or perform the\nfunctions, of the Chairperson.\n9 Chairperson administers affairs of Commission etc.\n(1) The Chairperson:\n(a) administers the affairs of the Commission; and\n(b) must perform the functions imposed on the Chairperson under\nthis Act or another Act.\n\nPart 2 Northern Territory Liquor Commission\nDivision 2 Membership of Commission\nLiquor Commission Act 2018 5\n(2) The Chairperson has power do all things that are necessary or\nconvenient to be done for, or incidental to, the administration of the\naffairs of the Commission and the performance of the Chairperson's\nfunctions.\n10 Deputy members\n(1) The Minister may appoint a person to be the deputy of a member.\n(2) A person appointed to be the deputy of the Chairperson or Deputy\nChairperson must be a lawyer who has been admitted to the legal\nprofession for at least 5 years and who is of good standing.\n(3) The deputy of the member mentioned in section 7(5) must have\nqualifications or appropriate knowledge, experience and expertise\nin health-related matters and be of good standing.\n(4) The appointment of a deputy of a member has effect while the\nmember holds office, but the person may be reappointed as the\ndeputy of the member (if the member is reappointed) or another\nmember.\n(5) If a member is absent from a meeting or other proceeding of the\nCommission, the deputy of the member may act in place of the\nmember.\n(6) When a deputy of a member attends a meeting or other proceeding\nin place of the member, the deputy is taken to be a member:\n(a) for the Assembly Members and Statutory Officers\n(Remuneration and Other Entitlements) Act 2006; and\n(b) for the exercise of the powers and the performance of the\nfunctions of the Commission.\n(7) A reference in this Act or the Liquor Act 2019 to a member of the\nCommission includes a reference to the deputy of the member\nwhile acting in place of the member.\n(8) The validity of a decision of the Commission, or an act done by a\nperson as the deputy of a member, is not affected by an irregularity\nin the substitution of a deputy for a member.\nNote for section 10\nThe deputy of the member who is the Chairperson stands in for that member\nwhen the member is absent, but does not stand in the role of Chairperson. The\nDeputy Chairperson stands in that role.\n\nPart 2 Northern Territory Liquor Commission\nDivision 2 Membership of Commission\nLiquor Commission Act 2018 6\n11 Term of office\n(1) A member holds office for the period, not exceeding 5 years,\nspecified in the instrument of appointment and is eligible for\nreappointment.\n(2) Despite subsection (1), unless a member sooner vacates the\nmember's office or is removed from office under section 14, on the\nexpiration of the term of office of the member the member\ncontinues to hold office until a successor is appointed.\n12 Leave of absence\nThe Minister may grant a member leave of absence.\n13 Resignation of member\nA member may resign from office by written notice given to the\nMinister.\n14 Termination of appointment of member\n(1) The Minister may terminate the appointment of a member on any of\nthe following grounds:\n(a) inability to perform core functions as a member;\n(b) misbehaviour;\n(c) physical or mental incapacity;\n(d) failure to disclose an interest in accordance with section 21.\n(2) The Minister must terminate the appointment of a member if the\nmember:\n(a) is absent, except on leave granted by the Minister, from\n3 consecutive meetings of the Commission; or\n(b) becomes bankrupt, applies to take the benefit of a law for the\nrelief of bankrupt or insolvent debtors, compounds with\ncreditors or makes an assignment of the member's\nremuneration for their benefit.\n15 Validity of acts\nA decision of the Commission is not invalidated by a vacancy in the\nmembership of the Commission or a defect in the appointment of a\nperson as a member.\n\nPart 2 Northern Territory Liquor Commission\nDivision 3 Proceedings of Commission\nLiquor Commission Act 2018 7\nDivision 3 Proceedings of Commission\n16 Convening of Commission\n(1) The Commission must convene as often as is necessary for the\nexercise of its powers and the performance of its functions.\n(3) The Chairperson must make the arrangements that enable the\nCommission to convene.\n17 Constitution of Commission\nFor dealing with a matter, the Commission is constituted by:\n(a) a presiding member (who must be either the Chairperson or\nthe Deputy Chairperson); and\n(b) at least 2 other members (of whom at least one must have\nhealth expertise) selected by the Chairperson.\n18 Sittings of Commission\nThe Commission constituted by 3 or more members may convene\nto deal with a matter at the same time as the Commission\nconstituted by 3 or more other members is convening to deal with\nanother matter.\n19 Quorum\nWhen the Commission convenes, 3 members constitute a quorum.\n20 Procedure of Commission\n(1) Questions before the Commission are determined by a majority of\nthe members present and determining the questions but, in the\nevent of an equal number of members deciding for and against a\nquestion, the presiding member may determine that question.\n(2) The Commission must keep records of its proceedings.\n(3) The procedures of the Commission are as the Commission\ndetermines, subject to any provisions of the Liquor Act 2019 that\napply when the Commission is dealing with a matter under that Act.\n21 Disclosure of interest\n(1) This section applies if a member has a direct or indirect pecuniary\ninterest in a matter being considered or about to be considered by\nthe Commission.\n\nPart 3 Matters relating to hearings by Commission\nLiquor Commission Act 2018 8\n(2) The member must, as soon as possible after the relevant facts\ncome to the attention of the member, disclose the nature of the\ninterest:\n(a) for a member who is not the Chairperson – to the\nChairperson; and\n(b) for the Chairperson – to the Minister.\n(3) The member who makes the disclosure:\n(a) must not take part in any deliberation or decision of the\nCommission in relation to the matter that occurs after the\nmember makes the disclosure; and\n(b) must be disregarded for the purpose of constituting a quorum\nof the Commission while the matter is deliberated and the\nCommission's decision about the matter is made.\n(4) The Commission must make and publish guidelines specifying the\ntypes of interests that a member must disclose under this section.\nPart 3 Matters relating to hearings by Commission\n22 Power to require person to give evidence or produce\nevidentiary material\nThe Commission may, on the application of a party to a proceeding\nor on its own initiative, issue a summons requiring a person to\nappear before the Commission at a specified time and place to give\nevidence or produce evidentiary material.\n23 Person fails to comply with summons\n(1) A person commits an offence if:\n(a) the person has been served with a summons to appear as a\nwitness at a hearing; and\n(b) the person intentionally fails to do either or both of the\nfollowing:\n(i) attend as required by the summons;\n\nPart 3 Matters relating to hearings by Commission\nLiquor Commission Act 2018 9\n(ii) appear and report from day-to-day unless excused, or\nreleased from further attendance by the Commission.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(2) A person commits an offence if:\n(a) the person has been served with a summons to produce\ndocuments or other evidentiary material; and\n(b) the person intentionally does not comply with the summons.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(3) Strict liability applies to subsections (1)(a) and (2)(a).\n(4) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant has a reasonable excuse.\n24 Documents produced at hearing\n(1) If documents or other evidentiary material are produced at a\nhearing, the Commission may:\n(a) inspect the documents or other material; and\n(b) make, and retain, copies of the documents or other material.\n(2) The Commission must return the original documents or other\nmaterial to the person who produced them as soon as practicable\nafter the completion of the hearing.\n25 Contempt\n(1) A person commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct constitutes contempt of the Commission and the\nperson is reckless in relation to that result.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n\nPart 3 Matters relating to hearings by Commission\nLiquor Commission Act 2018 10\n26 Conduct constituting contempt of the Commission\n(1) A person's conduct constitutes contempt of the Commission if the\nperson:\n(a) appears before the Commission as a witness; and\n(b) fails to do one or more of the following when required by the\nCommission to do so:\n(i) take an oath;\n(ii) answer a question;\n(iii) produce a document or other thing.\n(2) A person's conduct constitutes contempt of the Commission if:\n(a) the Commission has made an order requiring the person to do\nor not do something; and\n(b) the order:\n(i) was made orally to the person during a proceeding; or\n(ii) has been served on the person; and\n(c) the person contravenes the order.\n(3) However, subsection (2) does not apply if another law of the\nTerritory provides a penalty for the contravention, or enforcement,\nof the order.\n(4) A person's conduct constitutes contempt of the Commission if the\nperson contravenes an undertaking the person has given to the\nCommission.\n(5) A person's conduct constitutes contempt of the Commission if the\nperson:\n(a) insults, threatens, intimidates or obstructs a member of the\nCommission in relation to the member's performance of\nfunctions or exercise of powers under this Act; or\n(b) interrupts, obstructs or hinders a proceeding of the\nCommission; or\n(c) creates, or takes part in creating, a disturbance at or near the\nplace where the Commission is sitting; or\n\nPart 4 Review of Director's decisions\nLiquor Commission Act 2018 11\n(d) engages in any other conduct that, under a law of the\nTerritory, would constitute contempt in the face of the court if\nthe Commission were a court of record.\n27 Person engaging in contempt\nIf a person is engaging in conduct that the Commission considers\nconstitutes contempt, the Commission may order the person to\nleave the place where the Commission is sitting and may continue\nthe proceeding in the person's absence.\nPart 4 Review of Director's decisions\n29 Application for review\n(1) Any decision of the Director is reviewable by the Commission,\nexcept:\n(a) a decision under section 161(2) of the Liquor Act 2019; and\n(b) a decision of a delegate of the Director that is reviewable by\nthe Director under the Liquor Act 2019.\n(2) The following persons may apply for review of a decision of the\nDirector:\n(a) the applicant affected by a decision regarding an application;\n(b) any person affected by a decision regarding disciplinary\naction;\n(c) a licensee affected by a decision regarding the licence or\nauthority held by the licensee;\n(d) any person who made a submission, complaint or objection\nduring the process that resulted in the decision;\n(e) any other person given a right to review under the Liquor\nAct 2019.\n(3) The application must be made to the Commission by the later of:\n(a) 28 days after written notice of the decision of the Director is\ngiven to the person referred to in subsection (2); or\n(b) any later date allowed by the Commission.\n\nPart 4 Review of Director's decisions\nLiquor Commission Act 2018 12\n(4) The application must:\n(a) be in the form approved by the Commission; and\n(b) be accompanied by the fee prescribed by regulation; and\n(c) state the grounds on which it is made and the facts relied on\nto establish the grounds.\n(5) To avoid doubt, a decision made by the Director as a delegate of\nthe Commission is reviewable by the Commission under this Part.\n30 Effect of application on decision of Director\n(1) Applying for review does not stay the operation of the decision of\nthe Director.\n(2) However, the Commission may stay the operation of the decision of\nthe Director pending completion of the review.\n31 Commission to consider application\n(1) On receipt of the application, the Commission must review the\ndecision of the Director.\n(2) The Commission may reject an application if satisfied the\napplication is frivolous or vexatious.\n32 Conducting and deciding review\n(1) In reviewing the decision of the Director, the Commission must:\n(a) take into account any matter that the Act under which the\ndecision of the Director was made requires the Director to take\ninto account in reviewing the decision; and\n(b) follow the procedures for review determined by the\nCommission; and\n(c) comply with the rules of natural justice.\n(2) After reviewing the decision of the Director, the Commission must:\n(a) confirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute a new decision.\n\nPart 5 Miscellaneous matters\nDivision 1 Offences\nLiquor Commission Act 2018 13\n33 Notice of decision on review\n(1) As soon as practicable after making a decision under section 32,\nthe Commission must give written notice of the decision to the\nfollowing persons:\n(a) the applicant for the review;\n(b) each person who has a right to apply for a review of, or to\nappeal, the decision under the Act under which the decision of\nthe Director was made.\n(2) The notice must state the following:\n(a) the Commission's decision and the reasons for it;\n(b) details of any right the person has, under the Act under which\nthe decision of the Director was made, to apply for a review of,\nor to appeal, the Commission's decision.\n34 Subject to other Acts\nThis Part is subject to any other Act.\nPart 5 Miscellaneous matters\nDivision 1 Offences\n35 Unauthorised disclosure of confidential information\n(1) A person commits an offence if:\n(a) the person obtains information in the course of performing\nfunctions connected with the administration of this Act; and\n(b) the information is confidential information and the person has\nknowledge of 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\nperson is reckless in relation to that result.\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n\nPart 5 Miscellaneous matters\nDivision 1 Offences\nLiquor Commission Act 2018 14\n(3) Subsection (1) does not apply if:\n(a) the person discloses the information:\n(i) for the administration of this Act; or\n(ii) with the consent of the person to whom the information\nrelates; or\n(iii) for legal proceedings arising out of the operation of this\nAct; or\n(b) the information is otherwise available to the public.\nNote for subsection (3)\nIn addition to the circumstances mentioned in subsection (3), a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n36 Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to the Commission;\nand\n(b) the information is misleading and the person has knowledge of\nthat circumstance.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document or other evidentiary\nmaterial to the Commission; and\n(b) the document or material contains misleading information and\nthe person has knowledge of that circumstance.\nMaximum penalty: 400 penalty units or imprisonment for\n2 years.\n(3) Subsection (2) does not apply if the person, when giving the\ndocument or evidential material:\n(a) draws the misleading aspect of the document or material to\nthe Commission's attention; and\n\nPart 5 Miscellaneous matters\nDivision 2 Administrative matters\nLiquor Commission Act 2018 15\n(b) to the extent to which the person can reasonably do so – gives\nthe Commission the information necessary to remedy the\nmisleading aspect of the document or material.\n(4) In this section:\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\nDivision 2 Administrative matters\n37 Delegation\n(1) The Commission may, in writing, delegate its powers and functions\nunder this Act or the Liquor Act 2019 to the following:\n(a) the Chairperson or another member;\n(b) the Director;\n(c) a public sector employee.\n(2) Subject to any limits determined by the Commission, a delegation\nunder subsection (1) to the Chairperson or Director may be further\ndelegated if the Chairperson or Director, as the case may be,\nconsiders it appropriate.\n38 Annual report\n(1) The Commission must at the end of each financial year report to\nthe Minister on its operations during that year under each Act that\nconfers powers or imposes functions on it.\n(2) The Commission must give the report to the Minister within\n3 months after the end of the financial year.\n(3) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n39 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 as a member of the Commission.\n(2) In addition, the person is not civilly or criminally liable for an act\ndone or omitted to be done by the Commission in the exercise of a\npower or performance of a function under this Act.\n\nPart 5 Miscellaneous matters\nDivision 3 Regulations\nLiquor Commission Act 2018 16\n(3) Subsections (1) and (2) do not affect any liability the Territory or the\nCommission would, apart from those subsections, have for the act\nor omission.\n(4) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\nDivision 3 Regulations\n40 Regulations\nThe Administrator may make regulations under this Act.\n\nENDNOTES\nLiquor Commission Act 2018 17\nENDNOTES\n1 KEY\nKey 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 Commission Act 2018 (Act No. 1, 2018)\nAssent date 16 February 2018\nCommenced 28 February 2018 (Gaz S14, 28 February 2018)\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: nc; rem: 7 November 2019 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 3, 6, 10, 16, 20, 28 and 37.\n4 LIST OF AMENDMENTS\ns 3 amd No. 29, 2019, s 381\ns 6 amd No. 33, 2019, s 50\ns 10 amd No. 33, 2019, s 50\ns 16 amd No. 29, 2019, s 382\ns 20 amd No. 33, 2019, s 50\npt 4 hdg sub No. 29, 2019, s 383\ns 28 rep No. 29, 2019, s 383\nss 29 – 34 sub No. 29, 2019, s 383\ns 37 sub No. 29, 2019, s 384","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as established in 2018. The amendments noted in the endnotes (particularly from the Liquor Act 2019) relate to consequential updates and substitution of Part 4 provisions, rather than expansion beyond the original purpose of establishing the Commission and providing for review of liquor licensing decisions. The Act remains tightly focused on institutional establishment, membership, hearings, review functions, and administrative matters."},"complexity_factors":["Moderate cross-referencing with the Liquor Act 2019 (referenced 15+ times throughout)","Nested qualification requirements for members — eligibility exclusions in s 7(4) with sub-categories, plus specific health expertise requirements in s 7(5)-(6)","Deputy member system creates layered substitution rules (s 10) with specific qualifications that differ based on whose deputy they are","Multiple offence provisions with varying mental states (intentional, reckless, strict liability) and defences (reasonable excuse)","Quorum and constitution rules (ss 17, 19) require specific composition (presiding member + 2 others including health expert)","27 defined terms in s 3, though most are straightforward role titles","Procedural flexibility ('as the Commission determines') in s 20(3) leaves significant operational detail unstated"],"plain_english_summary":"**What this law does:**\n\nThis Act creates the **Northern Territory Liquor Commission** — an independent body that oversees decisions about alcohol licensing and regulation in the NT.\n\n**Who it affects:**\n- **Licensees and applicants** — people or businesses wanting to sell alcohol, or those already holding liquor licences\n- **The Director** — the government official who makes initial decisions about licences (the Commission can review these decisions)\n- **Members of the public** — anyone who made submissions or complaints about liquor licensing matters\n- **Health professionals** — at least one Commission member must have health expertise, reflecting concerns about alcohol-related harm\n\n**Key things the Commission does:**\n- **Reviews decisions** made by the Director under the Liquor Act 2019 (like granting, refusing, or cancelling licences)\n- **Holds hearings** with powers similar to a court — it can summon witnesses, require documents, and punish contempt (disruptive or disobedient behaviour)\n- **Makes binding decisions** — it can confirm, change, or overturn the Director's decisions\n\n**How the Commission is structured:**\n- Minimum 4 members appointed by the Minister\n- Must include a **Chairperson** and **Deputy Chairperson** (both must be lawyers with 5+ years experience)\n- At least one member must have **health expertise** (like being a registered health professional)\n- Members can't have conflicts of interest (like owning a licensed venue)\n\n**Why it matters:**\nThis creates a **check and balance** on liquor licensing decisions. Instead of the Director having the final say, affected parties can appeal to an independent Commission. The health expertise requirement recognises that alcohol regulation isn't just about business — it's about community health and safety. The Commission also has **teeth**: it can fine people up to 400 penalty units or imprison them for up to 2 years for offences like giving misleading information or leaking confidential details."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act as in force includes substantive amendments (principally from the Liquor Act 2019 and later instruments) that altered the Commission's role and procedures compared with the original 2018 text.  Notably, Part 4 (ss 29–34) was substituted to specify a detailed regime by which the Commission reviews most Director decisions under the Liquor Act 2019 (List of amendments: ss 29–34 sub No. 29, 2019, s 383).  Other amendments updated membership, sitting and delegation provisions (see List of amendments: ss 3, 6, 10, 16, 20 and s 37 substituted).  In practical terms the amendments moved the Act from simply establishing a Commission to embedding it as the primary internal reviewer for licensing decisions under the Liquor Act 2019, and introduced procedural detail (application form, fee, time limit, stay power, substitution power) that expands the Commission's practical scope and operational responsibilities (ss 29–32)."},"complexity_factors":["Cross-references to other primary legislation: Liquor Act 2019 (multiple sections) and Part IIAA of the Criminal Code (s 4; s 6(2))","Membership rules with disqualifications and specialised qualification requirements (ss 7(3)–(6), 8(2))","Panel constitution rules for each matter requiring specific member mix including health expertise and presiding legal member (ss 16–19)","Delegation layers: Commission may delegate to Chairperson, Director or public servant and some delegates may further delegate (s 37)","Review procedure replacing Director decisions with prescribed form, fee, time limits, grounds and powers to confirm/var/y/substitute (ss 29–34)","Multiple coercive powers and offences with differing fault elements and penalties, including strict liability elements (ss 22–27, 23(3), 35(2))","Confidentiality and misleading-information offences with high penalties and defences/exceptions that require cross-checking (ss 35–36)","Procedure discretion: Commission determines procedures subject to natural justice and Liquor Act provisions (s 32(1)(b), s 20(3))","Amendments and substitutions (2019) that altered Part 4 and other sections — requires reading amendment history to understand current scope (List of amendments)"],"plain_english_summary":"The law creates the Northern Territory Liquor Commission: a statutory, multi‑member tribunal to hear and review many decisions under the Liquor Act, with powers to summon witnesses, require documents, punish contempt and protect confidential information. \n\nIt affects license applicants, licensees, witnesses, Commission members and delegated public servants—shifting contested decision‑making from a single Director to an appointed specialist body, increasing enforcement and compliance risks while concentrating expertise and ministerial appointment influence."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/liquor-commission-act-2018","history":"/api/acts/liquor-commission-act-2018/history","analysis":"/api/acts/liquor-commission-act-2018/analysis","conflicts":"/api/acts/liquor-commission-act-2018/conflicts","importantCases":"/api/acts/liquor-commission-act-2018/important-cases","documents":"/api/acts/liquor-commission-act-2018/documents"}}