NORTHERN TERRITORY OF AUSTRALIA
ESSENTIAL GOODS AND SERVICES ACT 1981
As in force at 10 February 2026
Table of provisions
Part I Preliminary
1 Short title ......................................................................................... 1
2 Interpretation ................................................................................... 1
3 Application ....................................................................................... 2
4 Crown to be bound .......................................................................... 2
Part II Declaration of shortage
5 Declaration of shortage ................................................................... 2
6 Presentation of declaration to Legislative Assembly........................ 3
7 Power of Minister ............................................................................. 3
8 Protection of employment rights ...................................................... 4
9 Certain proceedings not to be taken ................................................ 5
10 Tabling of direction, &c. ................................................................... 5
Part III Compensation
11 Compensation ................................................................................. 5
Part IV Miscellaneous
12 Delegation ....................................................................................... 6
13 Offences and penalties .................................................................... 6
14 Certificate of evidence ..................................................................... 7
15 Intimidation and threats ................................................................... 7
16 Service............................................................................................. 7
17 Appropriation ................................................................................... 8
18 Regulations...................................................................................... 8
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 10 February 2026
ESSENTIAL GOODS AND SERVICES ACT 1981
An Act to control and manage prescribed goods or services during
periods of shortage, and for related purposes
Part I Preliminary
1 Short title
This Act may be cited as the Essential Goods and Services
Act 1981.
2 Interpretation
(1) In this Act, unless the contrary intention appears:
community means a group of persons identified by their presence
in a geographical area or by common interest.
declaration means a declaration under section 5(1) or (2).
goods means:
(a) fuel, including fossil fuel derivatives and gases; or
(c) any foodstuff or commodity required for the maintenance of
public health or a service, being a foodstuff or commodity
prescribed under section 18 as goods for the purposes of this
Act.
notice means a notice of a declaration.
service means:
(a) any of the following services or facilities ordinarily available to
the public:
(i) public transportation of persons or freight other than taxi-
cab services, ridesharing services, limousine services
and courtesy vehicle services;
(ii) fire fighting services;
Part II Declaration of shortage
Essential Goods and Services Act 1981 2
(iii) hospitals administered under the Medical Services
Act 1982;
(iv) electricity supplied by electricity entities (as defined in
the Electricity Reform Act 2000);
(v) water supply;
(vi) garbage collection, sanitary cleansing or sewerage; or
(b) any other service or facility:
(i) concerned with the maintenance of public health or a
public utility; or
(ii) upon which a service listed in paragraph (a) or
concerned with the maintenance of public health or a
public utility depends for its maintenance or operation,
being a service or facility prescribed under section 18 as
a service for the purposes of this Act.
(2) A power of prohibition under this Act shall include a power to
prohibit generally or with limitations as to place, time and subject-
matter and either absolutely or subject to specified conditions or
restrictions.
3 Application
If a provision of another Act is inconsistent with this Act or a
declaration, direction, prohibition or requisition made or given under
this Act, this Act or the declaration, direction, prohibition or
requisition so made or given shall prevail.
4 Crown to be bound
This Act binds the Crown.
Part II Declaration of shortage
5 Declaration of shortage
(1) The Administrator may, by notice in the Gazette, declare that a
shortage exists in relation to goods or services specified in the
notice if the Administrator is satisfied that the provision, supply or
distribution of the goods or services is, or is likely to become, less
than is sufficient for the reasonable requirements of a community.
(2) If a declaration is in force, including a declaration in force by virtue
of this subsection, and the Administrator is satisfied that it is
Part II Declaration of shortage
Essential Goods and Services Act 1981 3
necessary for the declaration to continue for a greater period than
the period specified in the notice, the Administrator may, by notice
in the Gazette, further declare that the shortage continues to exist.
(3) A declaration has effect on and from the date specified in the
notice:
(a) for one month; or
(b) for such shorter period as is specified in the notice.
6 Presentation of declaration to Legislative Assembly
The Minister must table a copy of a notice before the Legislative
Assembly within 3 sitting days of the Assembly after its publication
in the Gazette and the declaration may be revoked by resolution of
the Assembly.
7 Power of Minister
(1) If a declaration is in force, the Minister may take the action the
Minister thinks fit to ensure that the goods or services specified in
the notice are available for use, and are used, in a manner best
calculated by the Minister to serve the interests of a community.
(2) Without limiting the generality of subsection (1), the Minister may,
by instrument in writing, in relation to goods or services specified in
a notice:
(a) give the directions the Minister thinks fit to prohibit or promote
the sale, supply, distribution, use or consumption of the goods
or services;
(b) direct a person who extracts, produces, holds, transports,
distributes or provides the goods or services to extract the
goods or services for, or produce, transport, distribute or
provide the goods or services to, a person specified in the
direction and direct that person to accept those goods or
services;
(c) direct a person who extracts, produces, holds, transports,
distributes or provides the goods or services to provide such
information in relation to the goods or services as the Minister
thinks fit;
(d) in relation to services:
(i) direct what services must be maintained and upon what
terms and conditions they shall operate;
Part II Declaration of shortage
Essential Goods and Services Act 1981 4
(ii) direct persons and bodies to operate and maintain
services to the extent and upon the terms specified in
the direction;
(iii) direct at what times and places and upon what terms
and conditions, and in what manner, services may be
used or availed of;
(iv) prohibit the operation or use of services except, if so
specified in the prohibition, with the consent of the
Minister;
(v) requisition the use of property of any kind which is used
or may be used for or in connection with the operation or
maintenance of a service which, in the Minister's
opinion, is an essential service; and
(vi) provide for or control, by direction, prohibition or
requisition, the operation, use, disposal, distribution,
storage, repair, upkeep and maintenance of any property
or commodity used or which may be used for or in
connection with a service which, in the Minister's
opinion, is an essential service; and
(e) provide, by direction, prohibition or requisition, for any matter
or thing incidental to the carrying into effect of the powers
referred to in this section.
8 Protection of employment rights
(1) A person who, in complying with a direction, prohibition or
requisition under section 7, is absent from the person's usual place
of employment, is not liable for dismissal, loss of long service leave,
sick leave, recreation leave, or other benefits to which the person
may be entitled under the industrial award or other terms of service
applicable to the person's usual employment by reason only of the
person's absence, whether the person's absence is with or without
the consent of the person's usual employer.
(2) A person who, in complying with a direction, prohibition or
requisition under section 7, commences or continues in
employment whether with or without the consent of the person for
whom the work is done, is entitled to the benefits to which the
person would be entitled in the industrial award or other terms of
service applicable to that form of employment from the person for
whom the work is done.
(3) Nothing in subsection (1) or (2) entitles a person to claim double
payments or benefits for the same period of time, except if the
payment or benefit is provided for by the direction, prohibition or
Part III Compensation
Essential Goods and Services Act 1981 5
requisition under section 7 in compliance with which the person is
absent from the person's usual place of employment or commences
or continues in employment.
9 Certain proceedings not to be taken
No civil or criminal action or proceedings shall lie or be brought
against the Crown or a person acting in the execution or intended
execution of this Act, the Regulations or a direction, prohibition or
requisition under this Act, or purported to be under this Act, in
respect of anything done or omitted to be done in good faith by the
person under, or for the purposes of, this Act.
10 Tabling of direction, &c.
The Minister must table a direction, prohibition or requisition under
section 7 before the Legislative Assembly within 3 sitting days of
the Assembly after it is made or given.
Part III Compensation
11 Compensation
(1) Despite section 9, a person who:
(a) complies with a direction, prohibition or requisition under
section 7 or is engaged in complying with or carrying into
effect the direction, prohibition or requisition; and
(b) suffers a loss, injury or damage resulting or arising from, or by
reason of complying with the direction, prohibition or
requisition under section 7,
is to be compensated by the Crown, on just terms, for the loss,
injury or damage so suffered.
(2) If a person dies as a result of, or whilst engaged in, complying with
a direction, prohibition or requisition under section 7 and, but for the
person's death, the person would have had a right under subsection
(1) to compensation from the Crown on just terms:
(a) the person's death is deemed to be the result of a wrongful
act; and
(b) the person's right to compensation is deemed to be an action
for damages,
for the purposes of section 7(1) of the Compensation (Fatal Injuries)
Act 1974.
Part IV Miscellaneous
Essential Goods and Services Act 1981 6
(3) A person who has a right to compensation from the Crown on just
terms, under subsection (1), may apply to the Supreme Court to
determine the amount of compensation and the Supreme Court is
to determine the amount accordingly.
Part IV Miscellaneous
12 Delegation
(1) The Minister may, by instrument in writing, delegate to a person any
of the Minister's powers and functions under this Act, other than this
power of delegation.
(2) A power or function delegated under this section, when exercised
or performed by the delegate, for the purposes of this Act, is taken
to have been exercised or performed by the Minister.
(3) A delegation under this section does not prevent the exercise of a
power or the performance of a function by the Minister.
13 Offences and penalties
(1) A person must not contravene or fail to comply with a provision of,
or a direction, prohibition or requisition under, this Act.
(2) A person who contravenes or fails to comply with a provision of, or
a direction, prohibition or requisition under, this Act for which a
penalty is not provided by this Act other than this section, is
punishable, upon being found guilty, by a maximum penalty of:
(a) in the case of an offence by an individual – 8 penalty units;
and
(b) in the case of an offence by a body corporate – 85 penalty
units.
(3) A person who has been found guilty of contravening or failing to
comply with a provision of, or a direction, prohibition or requisition
under, this Act is guilty of a further offence against this Act if the
contravention or failure to comply continues after the person has
been found guilty and, upon being found guilty of the further
offence, is punishable by a maximum penalty of:
(a) in the case of an offence by an individual – $50; and
(b) in the case of an offence by a body corporate – 4 penalty
units,
for each day during which the offence continues.
Part IV Miscellaneous
Essential Goods and Services Act 1981 7
(4) If an offence is committed by a person by reason of the person's
failure to comply with a provision of, or a direction, prohibition or
requisition under, this Act by or under which the person is required
to do a thing within a particular period, that person commits a
further offence referred to in subsection (3) while the failure to do
that thing continues, even if that that period has expired.
(5) A prosecution for an offence against this Act must not be
commenced without the approval in writing of the Minister.
14 Certificate of evidence
In proceedings for an offence against this Act, a certificate, signed
by the Minister, certifying that a direction, prohibition or requisition
under section 7 specified in the certificate was served in
accordance with section 16 on a person, and on a date, specified in
the certificate is prima facie evidence of the matter so certified.
15 Intimidation and threats
A person who, whilst a declaration has effect, by force, threats or
intimidation, against whomsoever directed, interferes with or
molests another person in relation to work, goods or services
provided by, or with the assistance of, that other person, is guilty of
an offence.
16 Service
(1) A person must not be found guilty of failing to comply with a
direction, prohibition or requisition under section 7 unless the
direction, prohibition or requisition, as the case may be, was served
on the person personally or by registered post or was published in
the Gazette.
(2) As soon as practicable after the Minister publishes a direction,
prohibition or requisition in the Gazette the Minister must take
whatever other steps the Minister considers reasonable in the
circumstances to ensure that the direction, prohibition or requisition
is brought to the notice of the public.
(3) Despite section 30(3) of the Criminal Code, a direction, prohibition
or requisition published in the Gazette under subsection (1) is, at
the time of its publication:
(a) if it is directed or addressed to a person or persons, be
deemed to be served personally on that person or those
persons; and
Part IV Miscellaneous
Essential Goods and Services Act 1981 8
(b) if it is directed or addressed to a body or association of
persons or persons of a specified class, taken to have been
served personally on each person who is a member of that
body or association or class at that time.
17 Appropriation
Where the Minister certifies that an amount of money is required to
be paid or provided for the purposes of this Act, the amount is to be
paid from the public moneys of the Territory and the appropriation
for that purpose is established or increased by the extent
necessary.
18 Regulations
(1) The Administrator may make regulations, not inconsistent with this
Act, prescribing all matters required or permitted by this Act to be
prescribed, or necessary or convenient to be prescribed for carrying
out or giving effect to this Act.
(2) Without limiting the generality of subsection (1), the Administrator
may, in the Regulations:
(a) prescribe goods or services as goods or services for the
purposes of this Act;
(b) prescribe the procedure for applying to the Supreme Court for
a determination under section 11(2); and
(c) prescribe penalties, not exceeding a fine of 40 penalty units,
for offences against the Regulations.
ENDNOTES
Essential Goods and Services Act 1981 9
ENDNOTES
1 KEY Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Essential Goods and Services Act 1981 (Act No. 99, 1981)
Assent date 21 December 1981
Commenced 21 December 1981
Essential Goods and Services Amendment Act 1986 (Act No. 26, 1986)
Assent date 14 July 1986
Commenced 6 August 1986 (Gaz G31, 6 August 1986, p 4)
Statute Law Revision Act (No. 2) 1987 (Act No. 59, 1987)
Assent date 31 December 1987
Commenced 31 December 1987
Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)
Assent date 19 April 1996
Commenced 1 July 1996 (s 2, s 2 Sentencing Act 1995 (Act No. 39, 1995)
and Gaz S15, 13 June 1996)
Statute Law Revision Act 1999 (Act No. 27, 1999)
Assent date 18 June 1999
Commenced 18 June 1999
Statute Law Revision Act 2007 (Act No. 4, 2007)
Assent date 8 March 2007
Commenced 8 March 2007
Financial Management Amendment Act 2009 (Act No. 15, 2009)
Assent date 18 June 2009
Commenced 18 June 2009
Penalties Amendment (Chief Minister's and Other Portfolios) Act 2011 (Act No. 27,
2011)
Assent date 31 August 2011
Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)
ENDNOTES
Essential Goods and Services Act 1981 10
Power and Water Corporation Legislation Amendment Act 2014 (Act No. 13, 2014)
Assent date 13 May 2014
Commenced 29 May 2014 (Gaz S29, 29 May 2014, p 2)
Local Court (Related Amendments) Act 2016 (Act No. 8, 2016)
Assent date 6 April 2016
Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related
Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34,
29 April 2016)
Statute Law Revision Act 2023 (Act No. 4, 2023)
Assent date 2 March 2023
Commenced 3 March 2023 (s 2)
Trade, Business and Asian Relations Legislation Amendment (Streamlining Licensing
Schemes and Other Matters) Act 2026 (Act No. 2, 2026)
Assent date 9 February 2026
Commenced 10 February 2026 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 2, and 11.
4 LIST OF AMENDMENTS
s 2 amd No. 59, 1987, s 5; No. 4, 2007, s 7; No. 13, 2014, s 32; No. 2, 2026, s 26
s 3 amd No. 4, 2023, s 23
ss 5 – 8 amd No. 4, 2023, s 23
ss 10 – 12 amd No. 4, 2023, s 23
s 13 amd No. 17, 1996, s 6; No. 27, 2011, s 3; No. 8, 2016, s 45; No. 4, 2023, s 23
s 16 amd No. 26, 1986, s 4; No. 17, 1996, s 6; No. 4, 2023, s 23
s 17 amd No. 27, 1999, s 15; No. 15, 2009, s 16
s 18 amd No. 27, 2011, s 3