Liquor Act 2019

1 Short title This Act may be cited as the Liquor Act 2019.

2 Commencement This Act commences on the day fixed by the Administrator by Gazette notice.

3 Purposes (1) The primary purpose of this Act is to minimise the harm associated with the consumption of liquor in a way that recognises the public's interest in the sale, supply, service, promotion and consumption of liquor. (2) The secondary purposes of this Act are: (a) to protect and enhance community amenity, social harmony and community wellbeing through the responsible sale, supply, service, promotion and consumption of liquor; and (b) to regulate the sale, supply, service, promotion and consumption of liquor in a way that contributes to the responsible development of the liquor industry and associated businesses in the Territory; and (c) to facilitate the diversity of licensed premises and associated services for the benefit of communities in the Territory; and (d) to regulate the sale, supply, service, promotion and consumption of liquor in a way that stimulates the tourism and hospitality industries.

Liquor Act 2019 2 (3) To achieve its purposes this Act: (a) regulates the sale, supply, service, promotion and consumption of liquor; and (b) prohibits certain products and activities in relation to the sale, supply, service, promotion and consumption of liquor; and (c) provides for the appointment of persons to administer and enforce compliance with this Act; and (d) establishes offences and processes to enforce compliance with this Act. (4) A person exercising a power or performing a function under this Act must have regard to the primary and secondary purposes of this Act and must exercise the power and perform the function in a way consistent with those purposes.

4 Interpretation (1) In this Act: alcohol-related violence means the anti-social behaviour, disorder, harm and violence referred to in section 132(1). approved form means a form approved by the Director of Liquor Licensing under section 317. assessor means an assessor appointed under section 12. authority, for a licence, means an authority listed in section 47. banned person, for Part 9, see section 208. banning notice, for Part 9, see section 208. banning offence, for Part 9, see section 208. Chairperson means the Chairperson of the Commission. child means a person who is under 18 years of age. Commission means the Northern Territory Liquor Commission established by section 5 of the Liquor Commission Act 2018. community includes an individual member and a group of members of a community. community alcohol plan, see section 170AD.

Liquor Act 2019 3 community impact assessment guidelines means guidelines issued by the Minister under section 50. complaint, see section 160. credit card, see section 39(5) of Schedule 2 to the Competition and Consumer Act 2010 (Cth). customer, for Part 11, Division 1, see section 249. debit card, see section 39(6) of Schedule 2 to the Competition and Consumer Act 2010 (Cth). decision notice, for a decision, means a written notice setting out the matters required for a notice of decision under section 34 of the Northern Territory Civil and Administrative Tribunal Act 2014. Director means the Director of Liquor Licensing appointed under section 9. disciplinary action means action taken by the Commission under section 165(2). employee, of a licensee, means a person engaged by the licensee, whether or not under a contract of employment, to perform work in relation to the licence. enforceable undertaking means an undertaking referred to in section 159. excluded person, for Part 9, see section 208. exclusion order, for Part 9, see section 208. forfeiture offence means offence against the following sections: (a) section 45; (b) section 46; (c) section 173; (d) section 183; (e) section 294. general restricted area means an area declared to be a general restricted area under section 172. guardian, for Part 13, Division 5, see section 295.

Liquor Act 2019 4 harm minimisation audit, see section 149. high risk area, for Part 9, see section 208. infringement notice means an infringement notice, within the meaning of the Fines and Penalties (Recovery) Act 2001, issued under the Regulations. inspector means an inspector appointed under section 16. interstate retailer's licence means a licence issued under section 44. intoxicated, see section 5. licence means a licence required under section 42 or 44. licensed premises means the premises licensed under this Act for the sale, supply or service of liquor. licensee means a person who holds a licence. liquor means a substance to which this Act applies under section 6(1). liquor related offence, for Part 11, Division 1, see section 249. liquor product means the form in which liquor is sold to a retail purchaser, as identified by type, brand, name of producer, form of packaging and any other relevant characteristic. Examples for definition liquor product 1 ZYX full-strength beer in cans. 2 ZYX Shiraz wine in bottles, vintage year. local council means: (a) a local government council; or (b) a corporation performing the functions of a local government council. local liquor accord means a written code of practice, memorandum of understanding or other arrangement entered into by the Director and licensees under Part 6, Division 2. material alteration means any alteration referred to in section 95(1). permit means a permit granted under section 201.

Liquor Act 2019 5 Police Force means the Police Force established by section 5(1) of the Police Administration Act 1978. premises includes the following: (a) a building or part of a building; (b) a permanent or temporary structure on land; (c) land, whether or not there is a building on it; (d) a vessel, vehicle or aircraft. product label means a label on, or forming part of, a liquor product that provides information about the alcohol content of the liquor. prohibited liquor, for a general restricted area or a special restricted area, means liquor that is prohibited in that area. public interest and community impact requirements means the public interest and community impact requirements listed in section 49. quarter means the 3-month period ending on the last day of March, June, September or December in any year. registered BYO server of liquor means a business registered under Part 3, Division 2A. registered complimentary server of liquor means a person registered under Part 3, Division 2. registered small community group means a group registered under Part 3, Division 2B. restricted premises means a place declared to be restricted premises under section 188. reviewable decision means a decision of the Commission that is reviewable by NTCAT under section 31. sell includes the following: (a) offer or expose for sale; (b) keep or have in possession for sale; (c) supply for, or in expectation of, a reward or benefit. special restricted area means an area declared to be a special restricted area under section 182.

Liquor Act 2019 6 standard drink, see section 5A. supply means to supply without the expectation of a reward or benefit. wholesale sale means the sale of liquor to a person for resale to a consumer or retail purchaser. The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act. (2) Unless the contrary intention appears, a reference in this Act to an employee of a licensee includes a person who provides services to a licensee under a contract.

5 Meaning of intoxicated A person is to be taken to be intoxicated if: (a) the person's speech, balance, coordination or behaviour appears to be noticeably impaired; and (b) it is reasonable in the circumstances to believe the impairment results from the person's consumption or use of liquor or a drug.

5A Meaning of standard drink A standard drink is the volume of a liquor product that contains 10 g of ethyl alcohol when measured at 20°C.

5B Number of standard drinks in liquor products (1) The number of standard drinks in a liquor product is calculated according to the following formula: SD = V x ABV x 0.789 where: SD = the number of standard drinks. V = volume of the liquor product in litres.

Liquor Act 2019 7 ABV = the alcohol content of the liquor product, expressed as a number equal to the percentage of volume, as indicated on the product label. Notes for subsection (1) 1 The value 0.789 represents the specific gravity of ethyl alcohol. 2 Some product labels will indicate the number of standard drinks contained in the product container. Example for subsection (1) A 250 ml glass of wine from a bottle with the product label showing 6% alcohol content would contain 1.18 standard drinks: 0.25 x 6 x 0.789 = 1.18. (2) The number of standard drinks in a liquor product may be determined from its product label, without using the formula in subsection (1), if the label: (a) indicates the number of standard drinks in the product; and (b) could reasonably be assumed to be in accordance with the Australia New Zealand Food Standards Code made under the Food Standards Australia New Zealand Act 1991 (Cth). (3) If a liquor product is in a container without a product label that complies with subsection (2), the number of standard drinks in the product may be determined by reference to the compliant product label of an otherwise identical product.

5C Cocktails and mixed beverages If a liquor product consists of 2 or more other liquor products, the number of standard drinks in the product is the sum of the number of standard drinks in each component liquor product. Examples for section 5C 1 A licensee offers a "bundle" consisting of 1 bottle of spirits and 12 cans of beer. The number of standard drinks in the bundle is the sum of the number for the spirits and each can of beer. 2 A margarita cocktail comprises 40 ml tequila, 20 ml orange liqueur, lime juice, salt and ice. Accordingly, the calculation of standard drinks is as follows: 0.040 L tequila at 35% alcohol x 0.789 = 1.1 standard drinks 0.020 L orange liqueur at 40% alcohol x 0.789 = 0.63 standard drinks lime juice, salt and ice – no alcohol content total standard drinks = 1.1 + 0.63 = 1.73 standard drinks.

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6 Application (1) This Act applies in relation to the following substances (liquor): (a) a beverage or other substance intended to be ingested, whether liquid, solid or gaseous, that contains more than 1.15% of ethyl alcohol by volume; (b) a substance that is held out to be a beverage or ingestible substance specified in paragraph (a); (c) a substance prescribed by regulation as liquor. (2) This Act does not apply in relation to ethyl alcohol used as a medicine or for medicinal purposes by, or under the direction of, a person registered under the Health Practitioner Regulation National Law to practise in the professions of medicine or pharmacy. (3) Despite subsection (1), Part 6, Division 5, applies to a substance that: (a) contains more than 1.15% of ethyl alcohol by volume; and (b) is not intended to be ingested. (4) The following methods are to be used to determine the volume of ethyl alcohol in a substance: (a) for liquids and solids – measurement is to be made at 20°C; (b) for gases or vapours – measurement is to be made while the substance is in a liquid state at the highest temperature at which it is a liquid.

7 Acquisitions to be on just terms If the operation of this Act would, apart from this section, result in an acquisition of property from a person otherwise than on just terms: (a) the person is entitled to receive from the Territory the compensation necessary to ensure the acquisition is on just terms; and (b) a court of competent jurisdiction may decide the amount of compensation or make the orders it considers necessary to ensure the acquisition is on just terms.

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8 Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 8 Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

9 Appointment (1) The Minister must, by instrument, appoint a person to be the Director of Liquor Licensing. (2) The instrument appointing the Director must be published in the Gazette.

10 Powers and functions (1) The Director has the following functions: (a) to monitor compliance with this Act, conduct investigations and handle complaints and other matters; (b) to issue infringement notices and enforce this Act; (c) to participate in proceedings before the Liquor Commission in relation to licences, authorities, local liquor accords, complaints and compliance; (d) to provide educational and informative materials to wholesalers, licensees and the public regarding the operation of this Act and compliance with its provisions; (e) to register wholesalers and complimentary servers of liquor and maintain the registers for them and licensees under sections 34, 40 and 64; (f) to supervise inspectors and the performance of their functions; (g) any other functions conferred on the Director under this or any other Act.

Liquor Act 2019 10 (2) The Director has the powers necessary to perform the Director's functions. (3) The Director has the same powers as an inspector.

11 Delegation (1) Subject to subsection (3), the Director may delegate any of the Director's powers and functions under this Act to a public sector employee with the qualifications or experience appropriate to exercise the power or perform the function. (2) The Director's powers and functions related to permits may also be delegated to one or more of the following: (a) the chief executive officer of a local council; (b) a police officer who: (i) is in charge of a police station; or (ii) is of or above the rank of Senior Sergeant. (3) The review of a decision of the Director's delegate cannot be delegated.

12 Appointment (1) The Minister may, in writing, appoint a person to be an assessor (2) An assessor has the following functions: (a) to advise the Director, on request, regarding the administration and operation of this Act; (b) to perform any other functions required in the assessor's appointment.

13 Terms of appointment An assessor holds office for the period specified in the assessor's appointment.

14 Conditions of appointment An assessor holds office on the conditions, including remuneration and expenses determined by the Administrator.

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15 Conflicts of interest (1) An assessor must disclose any personal interest the assessor has in any matter in which the assessor is giving or was requested to give advice. (2) The disclosure must be made to the Director and the Minister and include: (a) the nature and extent of the personal interest; and (b) how the personal interest relates to the matter referred to in (3) If an assessor has a personal interest in a matter, the assessor must not give advice in relation to the matter without the written approval of the Minister. (4) For this section, an assessor has a personal interest in a matter if the assessor: (a) has a direct or indirect financial interest in the matter; or (b) has a personal, professional, commercial or other relationship with a person or entity and the nature of the relationship is likely to, or may reasonably be regarded as likely to, inhibit or prevent the assessor from exercising independent judgment about the matter. (5) Despite subsection (4), an assessor is not considered to have a personal interest if it is an interest shared with the public generally or a section of the public.

16 Appointment (1) The Minister may, in writing, appoint a person to be an inspector (2) An inspector must perform the duties required by this Act and any other duties assigned by the Director.

17 Identity card (1) The Director must give an inspector an identity card stating the person's name and that the person is an inspector.

Liquor Act 2019 12 (2) The identity card must: (a) show a recent photograph of the inspector; and (b) show the card's date of issue and expiry; and (c) be signed by the inspector. (3) This section does not prevent the issue of a single identity card to a person for this and another Act.

18 Return of identity card (1) A person who ceases to be an inspector must return the person's identity card to the Director within 21 days after the cessation. subsection (1) if the person has a reasonable excuse.

18A Officers under other Acts who may exercise certain powers of inspectors (1) The Minister may, by Gazette notice, specify a class of persons appointed under another Act for the purposes of subsection (2). (2) A person who is a member of a class of persons specified in a Gazette notice under subsection (1) is taken to be an inspector for the purposes of the following provisions: (a) each other provision of this Division; (b) section 25; (c) section 154; (d) section 236(1); (e) section 243(1)(a), (2) to (4), (5)(a) and (b) and (6); (f) sections 264 and 265; (g) section 305. (3) A Gazette notice under subsection (1) may limit the exercise of a power or performance of a function referred to in subsection (2) by a particular class of appointees, as specified in the notice.

Liquor Act 2019 13 (4) A person who is taken to be an inspector under this section must not exercise a power or perform a function referred to in subsection (2) unless the person is wearing body-worn video. body-worn video means equipment worn on the body of a person that is capable of recording visual images or sound or both.

19 Commission decisions The Commission is responsible for deciding the following matters: (a) an application to issue a licence or an authority; (b) an application to vary the conditions of a licence or an (c) an application to substitute other premises for the licensed (d) an application to approve a material alteration to licensed (e) an application to authorise the transfer of a licence; (f) taking disciplinary action; (g) any other matter the Director refers to the Commission.

20 Codes of practice (1) The Commission may establish codes of practice to regulate the following matters: (a) the advertising and promotion of liquor by licensees; (b) the conduct of business under a licence or an authority; (c) the operation of licensed premises; (d) the management of customers, purchasers and patrons by licensees, including the management of their safety; (e) the establishment of ethical standards and practices for licensees. (2) The Commission must publish any code of practice it establishes in the way the Commission considers appropriate.

Liquor Act 2019 14 (3) It is a condition of a licence that the licensee comply with the provisions of any code of practice established and published by the

21 Commission hearings (1) The Commission may conduct a hearing in relation to any matter on which it is to make a decision under this Act. (2) Any hearing conducted by the Commission under this Act must be conducted in public unless the Commission is of the opinion that it is not appropriate in the circumstances, because: (a) a public hearing is likely to cause undue hardship to a person; or (b) commercial-in-confidence information must be protected; or (c) the matter is not controversial; or (d) conducting the hearing in public would not be worthwhile. (3) If the Commission is of the opinion that a public hearing is not appropriate in the circumstances, the Commission may direct that the hearing, or part of the hearing, be conducted in private or by way of written submissions only.

22 Appearance at hearings (1) The following persons and bodies may appear at a hearing conducted by the Commission regarding a matter referred to in section 19(a), (b), (c), (d) or (e): (a) the applicant; (b) a person who or a body that lodged an objection in accordance with section 61; (c) a person who or a body that has not lodged a valid objection in accordance with section 61 but who is granted leave by the Commission to appear; (d) any other person requested by the Commission under section 314 or under section 22 of the Liquor Commission Act 2018 to give specified information or documents to the Commission in relation to the matter.

Liquor Act 2019 15 (2) The following may appear at a hearing conducted by the Commission regarding a matter referred to in section 19(f): (b) any employee of the licensee involved in the matter; (c) any complainant involved in the matter; (d) the Director; (e) any other person requested by the Commission under section 314 or the Liquor Commission Act 2018 to give specified information or documents to the Commission in relation to the matter.

23 Procedure for hearings (1) The Chairperson must: (a) fix the time and place for any hearing to be conducted by the Commission; and (b) give notice of the time and place for the hearing to the parties. (2) In conducting the hearing, the Commission may: (a) require a person appearing before it to give evidence on oath or affirmation; and (b) require a party to provide copies of any relevant document to any other party; and (c) determine which documents of the Commission or the Director are to be provided to the parties; and (d) conduct the hearing, or part of the hearing, by use of telephone or online facilities; and (e) adjourn the hearing from time to time and to another place. (3) The Commission is not bound by the rules of evidence and may inform itself in any manner it considers appropriate. (4) All parties to the hearing must have an opportunity to be heard in accordance with the rules and procedures of the Commission. (5) A party may be represented at the hearing by another person.

Liquor Act 2019 16 (6) The Commission may make rules and procedures for the conduct of its hearings and all parties must, during the hearing, comply with those rules and procedures.

24 Protection at hearing (1) A legal practitioner representing a party at a hearing conducted by the Commission has the same protection and immunity as a legal practitioner appearing in a proceeding in the Supreme Court. (2) A witness who gives evidence at a hearing conducted by the Commission has the same protection as a witness giving evidence in a proceeding in the Supreme Court.

25 Protection from liability (1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function under this Act as any of the following: (a) a member of the Commission; (b) the Director; (c) an inspector; (d) an assessor; (e) a police officer. (2) Subsection (1)(e) is subject to Part VIIA of the Police Administration Act 1978 and only affects a police officer's civil liability. (3) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission. exercise of a power includes the purported exercise of the power. performance of a function includes the purported performance of the function.

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26 Notice of delegate decision (1) As soon as practicable after making a decision, a delegate of the Director must give a written notice of the decision to the person (affected person) referred to in section 27(1). (2) The notice must state the following: (a) the delegate's decision and the reasons for it; (b) the affected person's right to apply for a review of the decision under section 27; (c) the period allowed for applying for a review.

27 Application for review (1) The following persons may apply to the Director for a review of a decision made by the Director's delegate: (a) in the case of a decision regarding a licensee or a licensee's licence, authority or licensed premises – the licensee; (b) in the case of a decision regarding an application – the applicant; (c) in the case of a submission, complaint or objection that was the subject of a decision – the person who made the submission, complaint or objection. (2) The application for review must be lodged with the Director: (a) within 28 days after written notice of the decision is given to the person; or (b) any later date allowed by the Director. (3) The application must: (a) be in the form approved by the Director; and (b) state the grounds for the review and the facts relied on to establish the grounds.

28 Effect of application for review (1) An application for review does not stay the operation of the delegate's decision.

Liquor Act 2019 18 (2) Despite subsection (1), the Director may stay the operation of the delegate's decision pending completion of the review. (3) The Director may reject an application for review if satisfied: (a) the application is frivolous or vexatious; or (b) no grounds exist for the application.

29 Reviewing delegate's decision (1) Unless the application is rejected under section 28(3), the Director must review the delegate's decision within 28 days after the application is lodged. (2) In reviewing the delegate's decision, the Director must: (a) take into account any matter that was required when the decision was made; and (b) follow the procedures for review determined by the Director; and (c) comply with the rules of natural justice. (3) After reviewing the delegate decision, the Director must: (a) affirm the decision; or (b) vary the decision; or (c) set aside the decision and substitute a new decision.

30 Decision notice As soon as practicable after making a decision under section 29, the Director must give a decision notice to the following persons: (a) the applicant for the review; (b) each person listed in section 27(1) who had a right to apply for a review of the decision.

31 Review by NTCAT (1) Any decision of the Commission for which a decision notice is required under this Act is reviewable by NTCAT.

Liquor Act 2019 19 (2) The following persons may apply to NTCAT for a review of the decision: (a) in all cases – the Director; (b) in the case of a decision regarding a licensee or a licensee's licence, authority or licensed premises – the licensee; (c) in the case of a decision regarding an application – the applicant; (d) in the case of a submission, complaint or objection that was the subject of a decision – the person who made the submission, complaint or objection; (e) in the case of a decision of the Commission under Part 4 of the Liquor Commission Act 2018 – a person referred to in section 29(2) of that Act. (3) The Liquor Commission Act 2018 and this Act are both relevant Acts for the Northern Territory Civil and Administrative Tribunal Act 2014 for the purposes of a review of a decision under the Liquor Commission Act 2018.

32 Registration of wholesaler A person must not wholesale sell liquor for delivery to a person in the Territory unless the person is registered as a wholesaler of liquor under section 33.

33 Application for registration as a wholesaler of liquor. (2) A licensee is eligible to be registered as a wholesaler under this section. (3) A wholesaler may be registered for a period of 1 year, 3 years or 5 years.

Liquor Act 2019 20 (b) specify the desired registration period; and (c) be accompanied by the prescribed fee. (6) After considering the application, the Director must decide whether to: (a) register the applicant as a wholesaler, with or without conditions; or (b) refuse to register the applicant. (8) A wholesaler's registration starts on the date of registration and ends on the expiry of the registration period. (9) A wholesaler's registration may be renewed by making a new application for registration.

34 Register of wholesalers The Director must keep a register of wholesalers that includes the (a) the name and address of the wholesaler; (b) the date the wholesaler was registered; (c) the period of registration for the wholesaler.

35 Unauthorised wholesaler A person commits an offence if: (a) the person intentionally sells liquor to a person; and (b) the sale is a wholesale sale; and (c) the person is not: (i) registered as a wholesaler of liquor under section 33; or (ii) a licensee with a wholesaler's authority; and

Liquor Act 2019 21 (d) the person is reckless in relation to the circumstance specified in paragraphs (b) and (c). Maximum penalty: 250 penalty units or imprisonment for

36 Keeping records of liquor sales (1) A registered wholesaler must, in accordance with the regulations, keep a written record of information prescribed by regulation in relation to the wholesaler's sales of liquor in the Territory. (2) A registered wholesaler must retain each record for at least 3 years, unless exempted by the Director. (3) A registered wholesaler commits an offence if the wholesaler contravenes subsection (1) or (2).

37 Wholesaler's quarterly return (1) Within 28 days after the end of each quarter, a registered wholesaler must lodge with the Director a return for that quarter in accordance with subsection (2). (2) The return must: (b) provide the information prescribed by regulation about all sales of liquor made by the registered wholesaler during the quarter. (3) A registered wholesaler commits an offence if the registered wholesaler contravenes subsection (1) or (2).

38 Registration of complimentary servers of liquor A person operating a business may serve not more than 2 complimentary standard drinks in a day to a customer if the person is registered under this Division.

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39 Application for registration of the person's business as a complimentary server of liquor. (2) The following persons are not eligible to have their business registered as a complimentary server of liquor under this section: (a) a licensee; (b) a person who operates a business that primarily sells food or beverages; (c) a person under 18 years of age. (3) A person's business may be registered under this Division for a period of 1 year, 5 years or 10 years. (b) describe the nature of the business to be registered; and (c) specify the desired registration period; and (d) be accompanied by the prescribed fee. (6) After considering the application and the purposes of this Act, the (a) register the applicant's business, with or without conditions; or (b) refuse to register the applicant's business. (8) The registration of a business under this Division starts on the date of registration and ends on the expiry of the registration period. (9) A registration of a business under this Division may be renewed by making a new application for registration.

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40 Register of complimentary suppliers The Director must keep a register of registered complimentary servers of liquor that includes the following information: (a) the name and address of the person operating the business; (b) the nature of the person's business; (c) the date the business was registered; (d) the period of registration for the business.

41 Registration certificate complimentary server of liquor. (2) The registration certificate must include: (a) the information specified in section 40; and (b) a statement that the registered business is entitled to serve no more than 2 complimentary standard drinks in a day to a customer. (3) A registered complimentary server of liquor must produce the registration certificate when requested by an inspector or a police officer.

41A Registration of BYO servers of liquor A business that is registered under this Division must not serve any liquor to a patron unless: (a) the liquor was brought to the premises by the patron or a member of the party of patrons of which the patron is a member; and (b) the liquor is served for consumption with food served by the business. Note for section 41A A business that has a licence with an authority is not required to register under this Division to also serve liquor brought to the premises on a BYO basis.

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41B Application for registration of the person's business as a BYO server of liquor. (2) A person's business may be registered under this Division for a period of 3 years. (3) The application must: (b) describe the nature of the business to be registered; and (c) be accompanied by the prescribed fee (if any). (4) The Director may require an applicant to provide documents, (5) After considering the application and the purposes of this Act, the (a) register the applicant's business, with or without conditions; or (b) refuse to register the applicant's business. (6) The Director must not register the applicant's business unless the Director is satisfied that: (a) in the case of an individual applicant, the person is of or above 18 years of age; and (b) the applicant is not disqualified from holding a licence; and (c) the applicant holds a certificate under section 137; and (d) the applicant is able to exercise effective control over the consumption of liquor; and (e) the applicant is otherwise suitable to hold a registration. subsection (5), the Director must give a decision notice to the (8) The registration of a business under this Division starts on the date of registration and ends on the expiry of the registration period. (9) A registration of a business under this Division may be renewed by making a new application for registration.

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41C Register of BYO servers of liquor The Director must keep a register of registered BYO servers of liquor that includes the following information: (a) the name and address of the person operating the registered business; (b) the nature of the person's business; (c) the date the business was registered; (d) the period of registration for the business.

41D Registration certificate BYO server of liquor. (2) The registration certificate must include the information specified in section 41C. (3) A registered BYO server of liquor must produce the registration certificate when requested by an inspector or a police officer.

41E Registration of small community groups A small community group registered under this Division must not: (a) serve liquor for more than 4 hours per week; or (b) serve liquor to be consumed anywhere other than the premises on which the liquor is served.

41F Application for registration (1) A person responsible for operating a small community group consisting of no more than 100 members may lodge with the Director an application for registration under this Division. (2) A small community group is not eligible to be registered under this Division if: (a) any of the persons responsible for operating the group is a licensee; or (b) the small community group primarily supplies liquor.

Liquor Act 2019 26 (3) A small community group may be registered under this Division for a period of 3 years. (b) describe the nature of the group to be registered; and (c) be accompanied by the prescribed fee (if any). (6) After considering the application and the purposes of this Act, the (a) register the small community group, with or without conditions; or (b) refuse to register the small community group. (7) The Director must not register the small community group unless the Director is satisfied that: (a) each person responsible for operating the group: (i) is of or above 18 years of age; and (ii) is not disqualified from holding a licence; and (iii) is otherwise suitable to hold a registration; and (b) at least one person responsible for operating the group holds a certificate under section 137. (8) As soon as practicable after making a decision under (9) The registration under this Division starts on the date of registration and ends on the expiry of the registration period. (10) A registration under this Division may be renewed by making a new application for registration.

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41G Register of registered small community groups The Director must keep a register of registered small community groups that includes the following information: (a) the name and address of the persons responsible for operating the group; (b) the nature of the group; (c) the date the group was registered; (d) the period of registration for the group.

41H Registration certificate small community group. (2) The registration certificate must include the information specified in section 41G. (3) A person operating a registered small community group must produce the registration certificate when requested by an inspector or a police officer.

42 Requirement for licence (1) Subject to section 43, a licence is required for the following: (a) to sell liquor in the Territory; (b) to sell liquor from a place outside the Territory for delivery to a person or place in the Territory; (c) to supply or serve liquor on or in premises in the Territory used or occupied for a commercial or business purpose. (2) A licence, other than an interstate retailer's licence, only authorises the licensee to sell, supply or serve liquor in accordance with the particular authority or authorities issued to the licensee in conjunction with the licence.

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43 Exceptions from licence requirement (1) No licence is required for the sale, supply or service of liquor in any of the following places: (a) at a naval, army or air force mess, canteen, camp or post with the authority of the naval, army or air force authorities; (b) at a canteen or other facility established, conducted, maintained or operated in accordance with regulations made under the Defence Act 1903 (Cth); (c) within the precincts of the Legislative Assembly on the authority of the Speaker of the Legislative Assembly; (d) on board a vessel travelling to or from a port in the Territory on a voyage of not less than 150 km, or while that vessel is berthed or moored in a port in the Territory, with the authority of the master of the vessel; (e) on an aircraft in flight with the authority of the pilot; (ea) liquor brought to the premises of a registered BYO server of liquor by a patron for consumption, with food provided by the registered BYO server of liquor, by the patron or party of which the patron is a member; (eb) liquor served by a registered small community group, for no more than 4 hours each week; (f) on a train during a journey with the authority of the train's catering officer; (g) in the Joint Defence Facility Pine Gap Area established under the Defence (Special Undertakings) Act 1952 (Cth); (h) a place prescribed by regulation. (2) No licence is required for the sale, supply or service of the following substances in the following circumstances: (a) not more than 2 standard drinks in a day to a resident in a retirement village or residential care facility by or under the authority of the body responsible for administering the village or facility; (b) not more than 2 standard drinks in a day to a patient in a hospital by or under the authority of the body responsible for administering the hospital;

Liquor Act 2019 29 (c) one liquor product sold as part of a gift basket of flowers or food; (d) liquor served by an employer to employees and their families and guests; (e) flavour extract in containers not exceeding 50 ml; (f) a substance in circumstances prescribed by regulation. Example for subsection (2)(d) A business's annual holiday party. Example for subsection (2)(e) Vanilla extract, which is used for cooking, in a 50 ml bottle. (3) No licence is required for the following transactions: (a) the sale of liquor forfeited under a law of the Territory; (b) the sale of liquor at an auction conducted by a person who holds a licence issued under the Auctioneers Act 1935; (c) the wholesale sale of liquor to a licensee by a person who is registered as wholesaler under section 33; (d) the sale of liquor at a duty free shop in accordance with a permission given under section 96A or 96B of the Customs Act 1901 (Cth); (e) the service of not more than 2 complimentary standard drinks in a day to a customer by a registered complimentary server of (f) the wholesale sale of flavour extract; (g) a transaction prescribed by regulation.

44 Interstate retailer's licence (1) An interstate retailer's licence is required to sell liquor from a place outside the Territory for delivery to a person or location in the Territory. (2) To be eligible for an interstate retailer's licence, the person: (a) must be a retailer authorised under the law of a State or another Territory to sell liquor; and (b) must not hold any other licence under this Act; and

Liquor Act 2019 30 (c) must not operate licensed premises in the Territory. (3) The Commission must grant an interstate retailer's licence to a person if: (a) the person is eligible under subsection (2); and (b) the person informs the Commission that the person intends to sell liquor from a place outside the Territory for delivery to a person or location in the Territory; and (c) the person provides the Commission with a copy of the State or other Territory authorisation under which the retailer sells liquor. (4) A person who complies with subsection (3)(a) to (c) is taken to be in compliance with this Division until the Commission determines whether to issue the person with an interstate retailer's licence under subsection (3). (5) The procedure in this section is not an application for a licence and no application fee or annual fee is payable for an interstate retailer's (6) Sections 49 to 60 do not apply in relation to the issue of an interstate retailer's licence. (7) The identification system requirements under Part 6, Division 1, do not apply to an interstate retailer's licence, unless the Commission makes the licence subject to a condition that provides otherwise. (8) An interstate retailer's licence: (a) is subject to the same terms and conditions that apply to the licensee under the licensee's State or other Territory authorisation to sell liquor; and (b) does not purport to authorise any conduct outside the Territory that would be beyond the power of the Legislative Assembly to authorise.

45 Unauthorised sale of liquor (a) the person intentionally sells liquor; and (b) the sale is not exempted from the requirement for a licence under section 43; and

Liquor Act 2019 31 (c) the sale is not authorised by a licence and an authority and the person is reckless in relation to that circumstance. Maximum penalty: 300 penalty units or imprisonment for 3 years. (a) the person intentionally sells liquor from a place outside the Territory for delivery to a person or location in the Territory; and (b) the sale is not exempted from the requirement for a licence under section 43; and (c) the sale is not authorised by an interstate retailer's licence and the person is reckless in relation to that circumstance. Maximum penalty: 300 penalty units or imprisonment for 3 years. (3) To avoid doubt, a sale referred to in subsection (2) includes a sale that takes place wholly or partly outside the Territory. (4) Strict liability applies to subsections (1)(b) and (2)(b).

46 Unauthorised supply or service of liquor (a) the person intentionally supplies or serves liquor; and (b) the supply or service is on or in premises used or occupied for a commercial or business purpose and the person is reckless in relation to that circumstance; and (c) the supply or service is not exempted from the requirement for a licence under section 43; and (d) the supply or service is not authorised by a licence and an authority and the person is reckless in relation to that circumstance. 2 years. (2) Strict liability applies to subsection (1)(c).

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47 Authorities attached to licence (1) The following authorities for licences are established: (a) small bar authority, which authorises the licensee to sell liquor for consumption on or in licensed premises with a maximum capacity of 100 patrons, with or without the consumption of food; (b) restaurant authority, which authorises the licensee to sell liquor to patrons for consumption on or in the licensed premises with the consumption of food; (c) restaurant bar authority, which in conjunction with a restaurant authority authorises the licensee to sell liquor to patrons for consumption on or in the licensed premises without the consumption of food; (d) sporting event authority, which authorises the licensee to sell liquor ancillary to the services provided in relation to the conduct of a sporting event or similar competition; (e) takeaway authority, which authorises the licensee to sell liquor products to customers for consumption off the licensed (f) lodging authority, which authorises the licensee to sell liquor to guests staying at the licensee's accommodations for consumption on or off the licensed premises; (g) wayside inn authority, which authorises the licensee to sell liquor to guests staying at the licensee's accommodations and patrons who are not guests for consumption on or in the (h) casino authority, which authorises the licensee to sell liquor to patrons in a casino for consumption on or in the licensed (i) special venture authority, which authorises the licensee to sell liquor to patrons as an ancillary part of services provided to the patrons by the licensee; (j) producers' authority, which authorises the licensee to sell liquor produced by the licensee for consumption on or off the (k) club authority, which authorises the licensee to sell liquor to members of a club operated by the licensee, guests of members and visitors to the club, for consumption on or in the

Liquor Act 2019 33 licensed premises, with no restrictions on the aggregate annual volume of alcohol that may be sold; (l) community club authority, which authorises the licensee to sell liquor to members of a club operated by the licensee, guests of members and visitors of the club, for consumption on or in the licensed premises, with a limit prescribed by regulation on the aggregate annual volume of alcohol that may be sold; (m) catering authority, which authorises the licensee to sell, supply or serve liquor to patrons for consumption, in conjunction with food being catered by the licensee, on or in premises with the consent of the owner or occupier of the premises; (n) public bar authority, which authorises the licensee to sell liquor to patrons for consumption on or in the licensed premises; (o) major event authority, which authorises the licensee to sell liquor, for consumption on or in licensed premises, to patrons attending a single event that is expected: (i) to have at least 1 500 attendees; or (ii) to have a significant effect on public transport or local amenities; or (iii) to require more than a usual amount of emergency services or police supervision; (p) community event authority, which authorises the licensee to sell liquor to patrons at events organised by the licensee on a regular but infrequent basis for consumption on or in the (q) grocery store authority, which authorises the licensee to sell liquor products to customers for consumption off the licensed premises, which are part of, or attached to, the premises that sell groceries or other non-liquor items operated by the licensee or a related entity as defined in section 50 of the Corporations Act 2001; (r) special event authority, which authorises the licensee to sell liquor, for consumption on or in licensed premises, to patrons attending a single event that is reasonably expected to have less than 1 500 attendees; (s) late night authority, which in conjunction with a small bar authority, restaurant authority, restaurant bar authority, club authority or public bar authority authorises the licensee to sell liquor to patrons for consumption on or in the licensed

Liquor Act 2019 34 premises during one of the following periods: (i) from 12 midnight to 2 am; (ii) from 12 midnight to 4 am; (t) adult entertainment authority, which in conjunction with a public bar authority authorises the licensee to have employees who work dressed in sexualised clothing or topless; (u) adult entertainment R-rated authority, which is an adult entertainment authority that authorises the licensee to also provide strip shows, R-rated entertainment and full nudity on or in the licensed premises; (v) adult entertainment explicit authority, which is an adult entertainment authority that authorises the licensee to also provide general and private strip shows, R-rated entertainment, fully nude staff or entertainers, non-sexual contact between entertainers and patrons and voluntary audience participation in the entertainment on or in the Notes for subsection (1) 1 Section 84 limits the issuance of new grocery store authorities. 2 Section 84 limits the issuance of new takeaway authorities until at least after Examples for subsection (1) 1 A special event authority could be a dinner cruise and outback safari trip. 2 A producer's authority could be a brewery that sells samples or cartons of its beer. 3 A major event authority could be a large music festival. 4 Special event authority could be a cinema or bowling alley that offers liquor to patrons. 5 Live entertainment could be music bands, DJs, poetry readings. 6 Sexualised clothing could be see-through clothing or lingerie. (2) More than one authority may be issued to one licensee and attached to one licence.

48 Commission issues licences and authorities The Commission may issue a licence and one or more authorities to an applicant in accordance with this Division.

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49 Public interest and community impact (1) The Commission may only issue a licence or an authority if satisfied that: (a) the applicant is a fit and proper person; and (b) issuing the licence or authority is in the public interest; and (c) the licence or authority will not have a significant adverse impact on the community. (2) To determine whether issuing a licence or an authority is in the public interest, the Commission must consider how it would advance the following objectives: (a) minimising the harm or ill-health caused to people, or a group of people, by the consumption of liquor; (b) ensuring liquor is sold, supplied, served and consumed on or in licensed premises in a responsible manner; (c) safeguarding public order and safety, particularly when large numbers of people would be attracted to licensed premises or an area adjacent to those premises; (d) protecting the safety, health and welfare of people who use (e) increasing cultural, recreational, employment or tourism benefits for the local community area; (f) promoting compliance with this Act and other relevant laws of the Territory; (g) ensuring each person involved in the business conducted at licensed premises receives training suitable to the person's role in the business; (h) preventing the giving of credit in sales of liquor to people; (i) preventing practices that encourage irresponsible drinking; (j) reducing or limiting increases in anti-social behaviour.

Liquor Act 2019 36 (3) To determine whether issuing a licence or an authority would have a significant adverse impact on the community, the Commission must consider the following: (a) the risk of undue offence, annoyance, disturbance or inconvenience to persons who reside or work in the vicinity of the proposed licensed premises or who are using, or travelling to or from, a place of public worship, a hospital or a school; (b) the geographic area that would be affected; (c) the risk of harm from the excessive or inappropriate consumption of liquor; (d) the people or community who would be affected; (e) the effect on culture, recreation, employment and tourism; (f) the effect on social amenities and public health; (g) the ratio of existing liquor licences and authorities in the community to the population of the community; (h) the effect of the volume of liquor sales on the community; (i) the community impact assessment guidelines issued under section 50; (j) any other matter prescribed by regulation. (4) The Commission may mitigate a possible adverse impact on the community by issuing a licence or an authority with conditions that limit any of the following: (a) the kinds of liquor that may be sold or served; (b) the manner in which liquor may be sold or served; (c) the number or types of containers in which liquor may be sold or served; (d) the days and times when liquor may be sold or served; (e) the number of persons who may be on or in licensed premises, a part of licensed premises or an adjacent area that is under the control of the licensee; (f) the nature of entertainment that may be provided on or in licensed premises or in an adjacent area that is under the control of the licensee;

Liquor Act 2019 37 (g) any promotional activities in which drinks are offered on a complimentary basis or at reduced prices.

50 Community impact assessment guidelines (1) The Minister must, by Gazette notice, issue community impact assessment guidelines to assist in the assessment of the potential impact of issuing a licence or an authority on the community. (2) The Minister may, in the community impact assessment guidelines, require an applicant for a licence or an authority to provide documents or other information, including information about: (a) the suburb, local government area or other area in which the proposed licensed premises would be located; and (b) the benefits the proposed licence or authority would provide to the local and broader community; and (c) the process and result of consultation on the application. (3) The mere addition of a new licence or licensed premises in a community is not taken to be a benefit to the community. (4) The community impact assessment guidelines may have general, limited or varied application.

51 Onus on applicant (1) An applicant for a licence or an authority must satisfy the Commission that issuing the licence or authority: (b) will not have a significant adverse impact on the community. (2) An applicant must: (a) provide any information to assess the application required by the Commission, the Director and the community impact assessment guidelines; and (b) conduct any consultation on the application required by the Commission and the community impact assessment guidelines; and (c) comply with any other application requirement determined by the Commission. (3) A licensee who is applying for an authority is assumed to be a fit and proper person, in the absence of evidence to the contrary.

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52 Application for licence and authority (1) Subject to section 53, a person may apply to the Commission for a licence or an authority. (2) An application for a licence or an authority must be lodged with the Director in the approved form and manner. (3) An application must be accompanied by the following: (b) a draft of the notice of the application required under section 57; (c) the evidence necessary to satisfy the onus specified in section 51; (d) a summary of the evidence referred to in paragraph (c) that is suitable for publication; (e) the application fee prescribed by regulation. (4) An application may be made by a person who: (a) is building or developing premises; and (b) intends to transfer the licence to another person who will later occupy the premises for the purpose of selling, supplying or serving liquor.

53 Licensing of body corporate (1) The only body corporate that may apply for and hold a licence is a corporation within the meaning of section 57A of the Corporations Act 2001. (3) A body corporate that applies for a licence or an authority must designate an individual to be the licensee's nominee, unless the applicant is one referred to in section 52(4). (4) For the purposes of an objection under Division 5, the nominee is taken to be a joint applicant for the licence or authority. (5) If a licence is issued to a body corporate: (a) the name of the nominee must also be endorsed on the licence; and (b) the body corporate may change the nominee only with the written approval of the Director; and

Liquor Act 2019 39 (c) the nominee is taken to be a joint licensee with the body corporate of the licensed premises. (6) If a nominee is unable or unwilling to manage the business of the licensee, the body corporate must not sell liquor until: (a) the nominee is able or willing to resume conduct of the business of the licensee; or (b) a new nominee is designated by the licensee and approved in writing by the Director.

54 Disclosure of persons of influence and potential beneficiaries (1) An applicant for a licence or an authority must make an affidavit disclosing each person who, if the licence is issued, may: (a) be able to influence the applicant; or (b) expect a direct or indirect benefit from the applicant. (2) If the applicant is a body corporate, the affidavit must be made by: (a) the principal executive officer of the body corporate; or (b) if that officer does not have knowledge of the relevant facts – another person who has knowledge of the relevant facts and is authorised by the body corporate to make the affidavit. (3) Subject to subsections (4) and (5), the affidavit must disclose the (a) each person who may, by any lease, agreement or other arrangement, be able to influence any decision made by the applicant in relation to the licence or authority; (b) each person, other than the applicant, who may, by any lease, agreement or other arrangement, expect any direct or indirect benefit from the applicant in relation to the licence or authority; (c) the full name, address and date of birth of any individual disclosed under paragraph (a) or (b); (d) the name of any body corporate disclosed under paragraph (a) or (b), and the full name, address and date of birth of the secretary and each executive officer of the body corporate;

Liquor Act 2019 40 (e) if an unincorporated body of persons is disclosed under paragraph (a) or (b): (i) the name of the body; and (ii) the full name, address and date of birth of the secretary and each executive officer of the body; and (iii) details of any objectives of the body; and (iv) whether the body is a non-proprietary body or it conducts its business in the same way as a non-proprietary body; (f) the complete particulars of any lease, agreement or other arrangement disclosed under paragraph (a) or (b); (g) if the applicant is a body corporate – the names of all persons who have a substantial holding, within the meaning of section 9 of the Corporations Act 2001 in the body corporate. (4) If the applicant is a body corporate, the affidavit need not disclose a person who is a member or shareholder of the body corporate carrying out the duties or exercising the normal rights of the person in that capacity. (5) The affidavit does not need not disclose the following: (a) a contract, agreement or other arrangement entered into for the purposes of this Act or the regulations that is approved by the Director; (b) any thing exempted from disclosure by the regulations. Note for section 54 This affidavit is also required by section 72 when applying for transfer of a licence and section 110 when applying for variation of conditions.

55 Associates of a person (1) For the purpose of determining an application for a licence or an authority, the following are taken to be associates of a person if engaged or intended to be engaged in the management of the applicant or applicant's business: (a) the person's spouse or de facto partner; (c) a business partner of the person; (d) a body corporate of which the person is an executive officer;

Liquor Act 2019 41 (e) if the person is a body corporate: (i) an executive officer of the body corporate; and (ii) a person who holds a controlling interest in the body corporate; (f) a person who, within the 12 months before the application, provided advice to the person, for a fee or reward, in relation to the sale of liquor; (g) an employer of the person; (h) an officer of a body corporate of which the person is an officer; (j) a body corporate that is accustomed or under an obligation to act in accordance with the directions, instructions or wishes of the person; (k) a body corporate on whose directions, instructions or wishes the person is accustomed or under an obligation to act; (l) a body corporate in which the person holds a controlling interest; (m) a person disclosed in an affidavit made by the person under section 54; (n) a person who is an associate of a person referred to in paragraphs (a) to (m). (2) For subsection (1)(j), a body corporate is taken to be accustomed or under an obligation if its executive officers are accustomed or under an obligation, whether formally or informally. (3) For subsection (1)(e)(ii) and (l), a person is taken to hold a controlling interest in a body corporate if that person, alone or together with one or more associates of that person, is in a position to control at least 15% of the voting power in the body corporate or holds interests in at least 15% of the issued shares in the body corporate.

56 Acceptance of application (1) Within 21 days of an application being lodged, the Director must: (a) if it complies with the requirements in section 52 – accept the application for consideration; or

Liquor Act 2019 42 (b) if it does not comply with the requirements of section 52 – refuse to accept the application; or (c) if specified changes to comply with the requirements in section 52 are made to it within 28 days, or such longer period as the Director allows – accept the application provisionally. (2) As soon as practicable after making a decision under subsection (1), the Director must give a decision notice to the (3) An application that is accepted provisionally is to be considered accepted if the specified changes are made to it within the specified time, otherwise it is to be taken as refused. (4) Within 14 days of accepting an application, the Director must inform the following that an application has been made and accepted: (b) the Commissioner of Police; (c) if the application relates to premises within a local government area – the chief executive officer of the local council.

57 Public notice of application (1) Within 14 days of accepting an application, the Director must give the applicant a written notice that: (a) explains the public notice requirements of this section; and (b) gives directions on the content of the public notice; and (c) provides details on any changes that must be made to the draft public notice submitted by the applicant. (2) The Director may exempt an applicant from the public notice requirements of this section if the application is for: (a) a licence with only a community event authority; or (b) a licence with only a special event authority. (2A) The Director may exempt an applicant from the public notice requirements of this section if the Director is of the opinion that the application discloses no public interest issues.

Liquor Act 2019 43 (3) Unless exempt under subsection (2) or (2A), an applicant for a licence or an authority must, in accordance with the directions of the Director: (a) post a notice of the application at the place of the proposed (b) publish a notice of the application within 28 days of receiving the notice under subsection (1); and (d) post or publish such other notices as the Director considers necessary to properly publicise the application. (4) Each notice of the application must: (a) clearly identify the location of the proposed licensed premises; and (b) list which authorities are being applied for; and (c) include a detailed description of the business proposed to be conducted; and (d) include a statement that copies of the summary of the evidence referred to in section 52(3)(c) are available from the Director; and (e) contain any other particulars required by the Director. (5) The Director may extend the 14-day period referred to in subsection (1) if the Director needs more time. (6) The Director must provide a copy of the summary of the evidence referred to in section 52(3)(c) to any person who requests a copy.

58 Investigation of applications (1) The Director may conduct an investigation into an application as the Director considers appropriate. (2) If an objection to the application is lodged under section 61, the Director must comply with section 62. (3) Any investigation conducted by the Director must be concluded within 90 days after the day the application is accepted.

59 Consideration of applications (1) The Director must refer any application accepted by the Director to the Commission.

Liquor Act 2019 44 (2) The application must be referred at the later of the following: (a) if no objection is made to the application within the time allowed under section 61 – 7 days after the expiry of the time allowed under that section; (b) if an objection to the application is made within the time allowed under section 61 – the expiry of the period allowed for the applicant's response to the complaint under section 62. (3) When considering an application for a licence or an authority, the Commission must also consider the following: (a) the applicant's affidavit required by section 54; (b) the results of any investigation conducted into the application under section 58; (c) any objection to the application made under section 61; (d) any response provided by the applicant under section 62; (e) the suitability of the premises to be licensed, having regard to any law of the Territory regulating the sale, supply, service or consumption of liquor or the location, construction or facilities of those premises; (f) if the applicant is an individual – the financial stability, general reputation and character of the applicant; (g) if the applicant is a body corporate: (i) the financial stability and business reputation of the body corporate; and (ii) the general reputation and character of the secretary and executive officers of the body corporate; (h) if the applicant is a federation of unincorporated bodies: (i) the financial stability and business reputation of each constituent body; and (ii) the general reputation and character of the secretary and executive officers of each constituent body; (i) whether the applicant, including the nominee designated by an applicant, is a fit and proper person to hold a licence;

Liquor Act 2019 45 (j) if the Commission considers it appropriate – whether each associate of the applicant is a fit and proper person to be an associate of a licensee. (4) In assessing whether a person is a fit and proper person to hold a licence, the Commission must have regard to any matters (5) The Commission may require an applicant, including the nominee designated by an applicant, to provide the Commission with the additional documents or information that the Commission considers necessary to make a proper assessment of the application.

60 Decision to issue licence or authority (1) After considering the application, the Commission must, in accordance with section 49, decide whether to: (a) issue the licence or authority, with or without additional conditions; or (b) refuse to issue the licence or authority. (2) The Commission must make a decision under subsection (1) within 28 days after the later of the following: (a) if the application was exempted from public notice by the Director under section 57(2) – the day the application was accepted; (b) if no objection is made to the application within the time allowed under section 61 – the day the time allowed under that section expires; (c) if an objection to the application is made within the time allowed under section 61 – the day the period allowed for the applicant's response to the complaint under section 62 expires. (3) As soon as practicable after making a decision under subsection (1), the Commission must give a decision notice to: (4) If the Commission refuses to issue a licence or an authority, it may refund the whole or any part of the application fee.

Liquor Act 2019 46 (5) To avoid doubt, the Commission may issue a licence and an authority in respect of premises that are not yet constructed, or are still under construction, but liquor must not be sold under the licence until: (a) the Commission gives the licensee written approval to do so; or (b) the licence is transferred and a certificate of transfer is issued under section 74.

61 Objecting to application (1) A person or body referred to in subsection (4) may object to the following applications: (a) an application to issue a licence or an authority; (b) an application to vary the conditions of a licence or an (c) an application to substitute other premises for the licensed (d) an application to make a material alteration to licensed (2) An objection may be made on only one or both of the following grounds: (a) that issuing the licence or authority, varying the conditions, substituting other premises or making the material alteration would adversely affect: (i) the amenity of the neighbourhood of the licensed premises or proposed licensed premises; or (ii) the health, education, public safety or social conditions in the community of the licensed premises or proposed (b) that the applicant is not a fit and proper person. (3) However, an objection to the issuing of a community event authority or a special event authority may also be made on grounds

Liquor Act 2019 47 (4) Only the following may make an objection: (a) a person residing or working in the neighbourhood of the licensed premises or proposed licensed premises; (b) the owner or occupier of land in the neighbourhood of the licensed premises or proposed licensed premises; (c) a local council of the local government area where the licensed premises or proposed licensed premises are located; (d) a Member of the Legislative Assembly; (e) a police officer or employee of the Police Force, acting in that capacity; (f) a member or employee of the Northern Territory Fire and Rescue Service, established under the Fire and Emergency Act 1996, acting in that capacity; (g) an Agency or public authority that performs functions relating to public amenities, including health, education and public safety; (h) a charity or a community-based organisation or body. (5) The objection must: (a) be in writing or in a form approved by the Director that is suitable for someone unable to effectively communicate in writing; and (b) be signed by or on behalf of the person or body making the objection; and (c) set out the grounds of the objection and the facts relied on to support those grounds. (6) The objection must be lodged with the Director within 14 days after publication of the last public notice under section 57, 96 or 111. (7) Except for a body that makes an objection under this section, the Director and Commission must proceed as if each of the following bodies has no objection to the application: (a) the Agency administering the Public and Environmental Health Act 2011; (b) the Police Force;

Liquor Act 2019 48 (c) the local council of the local government area in which the licensed premises or proposed licensed premises are located.

62 Applicant's right to respond to objection (1) The Director must, within 5 days after the expiry of the 14-day period referred to in section 61(6), give the applicant written notice of: (a) the grounds of any objection made to the application; and (b) the applicant's right to respond to the objection under (2) The applicant's response must be in writing and lodged with the Director within 14 days after being given the notice referred to in

63 Limit on new grounds During the course of any determination, inquiry, review or hearing under this Act or the Liquor Commission Act 2018, a person or body making an objection under section 61 must not raise any grounds for the objection that is not: (a) a ground specified and relied on in the objection lodged under that section; or (b) a ground that is responding to new information arising during the determination, inquiry, review or hearing.

64 Register of licensees The Director must keep a register of licensees that includes the (a) the name and address of the licensee; (b) the address of the licensed premises and the geographic and population area in which the licensed premises are located; (c) the date the licence was issued; (d) the authorities issued to the licensee; (e) the conditions on the licence or authority.

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65 Duplicate licences, authorities and permits (1) The Director may issue a duplicate licence, authority or permit to its holder if satisfied the licence, authority or permit was destroyed, lost or stolen. (2) The duplicate may be issued only on application by the holder of the licence, authority or permit and payment of the fee prescribed by regulation.

66 Surrender of licence or authority (1) A licensee may surrender the licence or an authority by returning it to the Director. (2) The surrender of a licence or authority has no effect unless accepted by the Director. (3) The Director must accept the surrender of a licence or authority if satisfied that the licensee gave all persons who have an interest in the licence at least 14 days notice of the licensee's intention to surrender the licence or authority. (4) If the surrender of a licence is accepted, a person who held the licence ceases to be a licensee, but remains liable for: (a) any act or omission done, caused, permitted or made by the person prior to the surrender taking effect; and (b) any liability incurred by the person under this Act prior to the surrender taking effect.

67 Abandonment of licence (1) A licensee is taken to have abandoned the licence if the licensee ceases to operate the licensed premises for more than 6 months without the prior approval of the Director. (2) If a licence is abandoned: (a) the abandoned licence has no effect; and (b) the Director may cancel the abandoned licence; and (c) the person who held the abandoned licence has no rights or privileges under it. (3) A person who held an abandoned licence remains liable for: (a) any act or omission done, caused, permitted or made by the person prior to the abandonment; and

Liquor Act 2019 50 (b) any liability incurred by the person under this Act prior to the abandonment.

68 Licence, authority and permit not personal property For section 8(1)(k) of the Personal Property Securities Act 2009 (Cth), each of the following is not personal property for that Act: (a) a licence; (b) an authority; (c) a permit. Note for section 68 A law of the Commonwealth, a State or a Territory may declare a right, licence or authority granted by or under that law not to be personal property for the Personal Property Securities Act 2009 (Cth).

69 Fees for licences and authorities (1) A licensee must pay the annual fees prescribed by regulation in respect of the licence and the authorities held by the licensee. (2) Before 1 November each year, the Director must give each licensee an invoice for the licensee's annual fee for that year. (3) A licensee must pay the annual fee to the Territory on or before the first business day in February of the following year. (4) If a licensee fails to pay the annual fee by the day referred to in subsection (3), the licence is automatically suspended until the fee is paid.

70 Prescribing fees (1) The regulations may prescribe fees for applications, licences and authorities based upon factors or criteria specified in the regulations, including the following: (a) the type of licence or authority; (b) the revenue earned or expected to be earned from the licence or authority; (c) the volume of liquor or the alcohol content of liquor sold, supplied or served;

Liquor Act 2019 51 (d) the nature, size, class or patron capacity of the licensed (e) the hours of operation under the licence or authority; (f) the duration of a licence; (g) the harm reduction measures taken by the licensee; (h) the licensee's compliance record; (i) the possible risks of harm to the community from the licence or authority; (j) any other factors or criteria prescribed by regulation. (2) The fees may be: (a) expressed as a formula based on multiple factors and criteria in the regulations; and (b) adjusted annually by a cost of living indexation method prescribed in the regulations.

71 Transfer of licence (1) A licence is transferable from the licensee to another person in accordance with this Division and the regulations. (2) The transfer of a licence has no effect unless the transfer is authorised by the Commission.

72 Application for transfer (1) The proposed transferee may apply to the Commission to authorise the transfer of the licence. (2) Subject to this section, the application is to be made as if the proposed transferee is applying for a new licence and sections 52(1), (2), (3)(e) and (4), 53 to 55 and 56(1), (2), (3) and (4)(b) apply to the application. (3) An application to transfer a licence must be lodged with the Director in the approved form. (4) The application must be accompanied by the following:

Liquor Act 2019 52 (c) the application fee prescribed by regulation. (5) The applicant is not required to provide the following: (a) the evidence necessary to satisfy the onus specified in section 51; (b) a summary of the evidence referred to in section 52(3)(d). (6) The Director must inform the Commissioner of Police of the application, as soon as reasonably practicable after receiving it.

73 Decision on transfer (1) As soon as reasonably practicable after receiving the application, the Commission must consider it and decide whether to: (a) authorise the transfer of the licence, with or without conditions; or (b) refuse to authorise the transfer of the licence. (1A) The Commission may only authorise the transfer of the licence if satisfied that the proposed transferee is a fit and proper person. (2) If the Commission refuses to authorise the transfer of the licence, the Commission must, as soon as practicable, give a decision notice to: (a) the licensee; and (b) the proposed transferee.

74 Certificate of transfer (1) If the Commission authorises the transfer of a licence, the Director must issue a certificate of transfer to the transferee. (2) The certificate has the effect of transferring the licence, with all its authorities, privileges and conditions, from the former licensee to the transferee, who becomes the new licensee. (3) The former licensee remains liable for any act or omission done, caused, permitted or made prior to the transfer.

75 Substitution of premises (1) If a licensee wishes to substitute other premises for the licensed premises, the licensee must apply for a new licence for those new

Liquor Act 2019 53 (2) Despite subsection (1), instead of issuing a new licence the Commission may, on application by the licensee, amend a licence to substitute other premises for the licensed premises if satisfied that the substitution satisfies the public interest and community impact requirements. (2A) To avoid doubt, the Commission may, under subsection (2): (a) impose conditions on the substitution; and (b) substitute premises that are not yet constructed or are still under construction. (3) An application to substitute premises is to be made in the same manner as an application to vary conditions of the licence under Part 4, Division 5.

76 Acting licensee (1) If a licensee is, or expects to be, unable for any reason to conduct the business of the licensee for more than 7 consecutive days, the licensee must: (a) appoint a person to act on behalf of the licensee to conduct the licensee's business during that period; and (b) give written notice to the Director of the full name, address and occupation of the person within 3 days after the date of the appointment. (2) A person appointed under this section must not act on behalf of a licensee for more than 90 days during any 12-month period, unless the Director otherwise determines. (3) If the licensee has not appointed anyone under subsection (1), the Director may appoint a person to act as the licensee to conduct the licensee's business while the licensee is unable to conduct business. (4) A licensee commits an offence if the licensee contravenes (6) It is a defence to a prosecution for an offence against subsection (4) if the defendant has a reasonable excuse.

Liquor Act 2019 54 (7) A person commits an offence if: (a) the person is appointed under subsection (1) and has knowledge of that circumstance; and (b) the person intentionally acts on behalf of a licensee; and (c) the conduct exceeds 42 days during any 12-month period or any other period determined by the Director and the person is reckless in relation to that circumstance. (8) The Director must cancel a licence at the expiration of the 42 days referred to in subsection (2) if: (a) a licensee's inability to conduct business under the licence is, or is expected to be, permanent; and (b) no application to transfer the licence was made in accordance with section 72 during those 42 days; and (c) no application to substitute the licensed premises was made in accordance with section 75 during those 42 days; and (d) no arrangements satisfactory to the Director are made to conduct the business. (9) A person appointed to act on behalf of a licensee has all the rights, powers, authorities, functions, duties and obligations of a licensee

77 Continuation of licence after death (1) If a licensee dies, the licence continues in force until the earlier of (a) the date the licence expires; (b) the date the licence is cancelled under section 80. (2) If a licensee dies, the Director may vary the date of expiry of the licence as the Director considers appropriate.

78 Conduct of business after death (1) The following persons may, in the approved form, apply to the Director for approval to conduct the business of a deceased licensee: (a) the legal representative of a deceased licensee;

Liquor Act 2019 55 (b) a member of a deceased licensee's family who has attained 18 years of age; (c) the representative of a person or class of persons claiming an entitlement in the estate of a deceased licensee. (2) The Director may, on application under subsection (1), appoint a person to act as the licensee to conduct the deceased licensee's business until the licence expires, is cancelled or is transferred.

79 Notice of bankruptcy, etc. (1) A licensee must, in the approved form, notify the Director if the licensee: (a) becomes bankrupt; or (b) applies to take the benefit of a law for the relief of bankrupt or insolvent debtors; or (c) compounds with the licensee's creditors or makes an assignment of the licensee's property, interest or remuneration for the benefit of licensee's creditors. (2) A notice under subsection (1) must be lodged within 7 days after the licensee is declared bankrupt, makes the application or makes the assignment. (5) The trustee, assignee or other person in whom the estate of a licensee becomes vested may, in the approved form, apply to the Director for approval to conduct the business of the licensee.

80 Cancellation of licence on death and insolvency (1) The Director may cancel a licence if: (a) the licensee dies, becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors or makes an assignment of property, interest or remuneration for the benefit of creditors; and (b) the Director is not satisfied that adequate arrangements have been made for the conduct of the business of the licensee.

Liquor Act 2019 56 (2) The cancellation takes effect on the date specified by the Director in the cancellation.

81 Transfer of business (1) The Director may authorise the applicant under section 78 or 79(5) to conduct the business under the licence if the Director is satisfied that the applicant is a suitable person. (2) A person authorised under subsection (1) is taken to be the licensee while the licence continues in force. (3) The Director may transfer the licence to the person authorised under subsection (1).

82 Implied conditions (1) Any provision of this Act or the regulations that imposes a duty on a licensee or prohibits certain conduct by a licensee is taken to be a condition of the licence. (2) To avoid doubt, a licence or an authority must not be made subject to a condition or an authority that is contrary to, or purports to displace, any provision of this Act or the Regulations.

83 Prescribed conditions (1) Each licence and authority is subject to the conditions prescribed for it by regulation. (2) The regulations may provide for the conditions to vary depending on any of the following factors: (a) the location of the licensed premises; (b) the type of licensee, licence or authority; (c) whether an authority is held by the licensee in conjunction with another authority; (d) any other factor prescribed by regulation.

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84 Limits on authorities (1) An authority cannot be changed into or substituted for another authority, without making an application for the other authority. (2) No grocery store authority may be created or issued under this Act. (3) No takeaway authority may be created or issued until after 31 August 2023 or any later date extended under subsection (4). (4) The date after which a takeaway authority may be created or issued may be extended by up to 12 months at a time by regulation. (5) The restrictions in this section on creating and issuing authorities do not prevent the following: (a) the transfer of an authority under section 81; (b) the conversion of a licence issued under the Liquor Act 1978 in accordance with Part 15, Division 2.

85 Duration of licence (2) A licence remains in force until it expires or is abandoned, surrendered, suspended or cancelled.

86 Compliance with codes of practice A licensee must abide by any code of practice established by the Commission under section 20.

87 Discretionary licence conditions (1) The Commission may, in accordance with the regulations, make a licence or an authority subject to the conditions the Commission considers necessary or appropriate. (2) Without limiting subsection (1), conditions that may be imposed by the Commission include the following: (a) the construction and furnishing of licensed premises; (b) the equipment, facilities and services provided on or in (c) the days and hours when licensed premises may be open and when liquor may be sold, supplied or served; (d) the minimum facilities and services on or in licensed premises;

Liquor Act 2019 58 (e) the method of selling, supplying or serving liquor, including the containers for, the quantities of and the types of liquor; (f) the standard of maintenance and hygiene of the licensed (g) the provision of entertainment on or in licensed premises; (h) the provision of food on or in licensed premises; (i) the display and content of signs and notices on or in licensed (j) the persons who may be admitted to licensed premises; (k) the prohibition or restriction of activities on or in licensed

88 Minister's power to add or vary conditions (1) The Minister may add or vary any condition to a licence or an authority that the Minister believes is urgently needed for the wellbeing of a community that might be affected by the licence or authority. (2) Without limiting subsection (1), conditions that may be added by the Minister include the following: (a) a condition about when the licensed premises may be open for the sale, supply or service of liquor; (b) a condition about the type of liquor that may be sold, supplied or served on or in the licensed premises; (c) a condition about the amount of liquor that may be sold, supplied or served for consumption off the licensed premises; (d) a condition requiring proof of a purchaser's identity for a sale, supply or service of liquor exceeding an amount prescribed by regulation; (e) a condition requiring the keeping of records prescribed by regulation for sales, supplies or service of liquor. (3) When considering whether to add or vary a condition, the Minister must consider the purposes of this Act. (4) The Minister must table in the Legislative Assembly a copy of any decision to add or vary a condition within 6 sitting days after making the decision.

Liquor Act 2019 59 (5) A condition added or varied under subsection (1) prevails to the extent of any inconsistency with a condition imposed by the

89 Exemption for interstate retailer's licence This Division does not apply in relation to an interstate retailer's

90 Proper maintenance A licensee must keep the licensed premises and all machinery, equipment, fittings, furniture, furnishings and any other items used in connection with operations under the licence maintained in good order and repair and in a safe and reasonably clean condition.

91 Fire safety conditions A licensee must comply with the requirements of the Fire and Emergency Act 1996 and in particular the standards relating to fire safety in the regulations made under that Act.

92 Public health conditions A licensee must comply with any public health notice issued to the licensee or in relation to the licensed premises by the Chief Health Officer under the Public and Environmental Health Act 2011.

93 Undue and unreasonable noise A licensee must not cause or permit its employees or patrons to cause undue and unreasonable noise on or in the licensed premises that affects the amenity of the neighbourhood. Examples for section 93 1 The delivery of stock and the removal of rubbish must be at appropriate hours. 2 Live music must be at a reasonable volume. 94 Posting signs and notices A licensee must post conspicuous signs, notices or other information on or in the licensed premises as directed by the

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95 Limit on material alterations (1) The prior written approval of the Commission is required before any of the following material alterations are made to licensed premises: (a) a significant increase in the area of the premises used for the sale, supply, service or consumption of liquor; (c) a change to an entrance to or an exit from the premises; (d) a significant change to the external appearance of the (e) a significant change to the premises' facilities related to the sale, supply, service or consumption of liquor. (2) A licensee must not make any alteration to the licensed premises that would result in a contravention of, or non-compliance with, a provision of the following: (a) this Act; (b) the Alcohol Harm Reduction Act 2017; (c) the Tobacco Control Act 2002; (d) any other law of the Territory that regulates: (i) the sale, supply, service or consumption of liquor; or (ii) the location, construction or facilities of premises used for the sale, supply, service or consumption of liquor.

96 Application for approval of material alteration (1) A licensee may apply to the Commission for approval of a material alteration to the licensed premises. (2) The application must be lodged with the Director in the approved form. (3) The application must be accompanied by the following: (a) a copy of the plans and specifications for the alteration; (b) a copy of any permit required under the Building Act 1993 to carry out the alteration; (c) a summary of any notice given under the Fire and Emergency Act 1996 in relation to the premises;

Liquor Act 2019 61 (d) evidence that the proposed alteration would not result in a contravention or failure to comply with a law specified in section 95(2). (4) If the Director considers it to be in the public interest, the Director may require the applicant to publish notice of the application in the manner and time specified by the Director. (5) The notice must include the following: (a) a description in sufficient detail to identify the location of the (b) a description of the nature of any business conducted on or in the licensed premises; (c) details of the material alteration; (d) any other particulars specified by the Director. (6) If the application relates to premises within a local government area, the Director must inform the chief executive officer of the local council as soon as reasonably practicable. (6A) The Director must inform the following of the application, as soon as reasonably practicable after receiving it: (b) the Commissioner of Police. (7) To avoid doubt, sections 62 and 63 apply to an application if an objection to the application is lodged under section 61.

97 Decision on material alteration of licensed premises (1) In considering an application to make a material alteration to licensed premises, the Commission must consider the following: (a) any objection to the application made under section 61; (b) any response provided by the applicant under section 62; (2) After considering the matters in subsection (1), the Commission must: (a) approve the material alteration; or

Liquor Act 2019 62 (b) refuse to approve the material alteration. (3) The Commission may attach conditions to the approval of the material alteration. subsection (2), the Commission must give a decision notice to: (5) If the Commission approves a material alteration, no business is to be conducted on or in the licensed premises, unless arrangements for that business are approved by the Commission.

98 Material alteration offences (1) A licensee commits an offence if a material alteration is made to the licensed premises without the prior approval of the Commission. (2) A licensee commits an offence if: (a) the Commission approves a material alteration; and (b) business is conducted on or in the licensed premises while the alteration is being made; and (c) the business is not conducted in accordance with arrangements approved by the Commission. (3) An offence against subsection (1) or (2) is an offence of strict

99 Remedying unauthorised alterations (1) If a licensee makes a material alteration to the licensed premises without the prior approval of the Commission, the Commission may, after notifying the licensee of the Commission's intention, cause the alteration to be removed from the licensed premises or the premises to be restored to a condition satisfactory to the (2) The cost of taking the action under subsection (1) is a debt due to the Territory by the licensee and is recoverable in a court of competent jurisdiction.

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100 Payment for liquor (1) A licensee and the licensee's employees must not sell liquor to a person unless, at the time of the sale, payment is made in one or more of the following ways: (a) by legal tender within the meaning of the Currency Act 1965 (Cth); (b) by cheque drawn by the person and dated on or before the date of sale; (c) by credit card or debit card; (d) by debit to an ADI account authorised by the person; (e) if the sale is made to the person, or the person on behalf of an entity, in the ordinary course of business – by charging the business account of the person or entity held with the licensee; (f) by a method prescribed by regulation. (3) A licensee's employee commits an offence if the employee contravenes subsection (1). (4) An offence against subsection (2) or (3) is an offence of strict subsection (2) or (3) if the defendant has a reasonable excuse.

101 Retaining possession of credit and debit cards (1) A licensee must not retain possession or control of a person's credit card or debit card as security for payment by the person for liquor or other goods at the licensed premises.

Liquor Act 2019 64 (5) The Minister may, by Gazette notice, issue guidelines on retaining possession or control of a person's credit card or debit card for this section. (6) Without limiting subsection (4), proof of compliance with the guidelines issued by the Minister is evidence of a reasonable excuse.

102 Conditions on time of operation (1) A licensee must not sell, supply or serve liquor outside the hours prescribed by regulation in respect of the licensee's authority. (2) A licensee must not allow patrons to enter or remain on or in the licensed premises outside the hours prescribed by regulation in respect of the licensee's authority. (3) Despite subsections (1) and (2), a licensee may allow patrons to enter and remain on or in the licensed premises outside the hours prescribed by regulation if: (a) no person is being sold, supplied or served liquor on or in the (b) no person has access to gaming machines on or in the

103 Advertising and promotions A licensee must not publish or cause to be published, in any media, an advertisement that could be construed as inducing the irresponsible or excessive consumption of liquor on or in licensed premises contrary to a guideline of the Commission under section 316.

105 Change of licensee's contact information (1) A licensee must give the Director written notice of any change in the licensee's contact information, including its emergency contact phone number and email address. (2) The notice must be given within 14 days of the change.

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106 Change in licensee's corporate positions (1) A licensee that is a body corporate must give the Director written notice of any change in the following persons: (a) a person who is a director of the licensee; (b) a person who exercises, or is in a position to exercise, control or have substantial influence over the licensee in the conduct of its affairs; (c) a person who manages, or intends to manage, the licensee's business under the licence and who is not the licensee's nominee; (d) in the case of a club or association – a person who holds an executive position in the club or association; (e) in the case of a proprietary company – a person who is a shareholder owning or controlling more than 10% of the issued voting stock of the company. (2) The written notice must be given within 14 days of the change. (3) A child who is a shareholder in a company is not for that reason to be regarded as a person occupying a position of authority. (4) The Commission may investigate any change notified under subsection (1) and re-examine the question of the licensee's fitness to hold the licence.

107 Change of interstate retailer's licensee's status (1) An interstate retailer licensee must give the Director written notice of any variation, expiry, suspension or cancellation of the licensee's State or other Territory authorisation referred to in section 44(8)(a). (2) The notice must be given within 14 days of the change.

108 Keeping records of liquor purchases and sales (1) A licensee must keep a written record of information, as prescribed by regulation, regarding the following: (a) the licensee's purchases and sales of liquor under the licence or an authority; (b) in the case of a grocery store authority – the ratio of the licensee's sales of liquor under the authority to its sales of other products;

Liquor Act 2019 66 (c) any other matter related to the licensee's operation under the licence or authority prescribed by regulation. (2) The licensee must retain each record for at least 3 years, unless exempted by the Director.

109 Producing records and other documents (1) A licensee must, on the request of an inspector or a police officer, produce to the inspector or officer: (a) any record required to be kept by the licensee under this Act; or (b) any other document relating to the sale, supply or service of liquor in the course of the licensee's business. (2) A licensee commits an offence if the licensee fails to comply with a request under subsection (1).

110 Application to vary conditions (1) A licensee may apply to the Commission to vary the conditions of a licence or an authority. (2) The licensee must satisfy the Commission that varying the conditions of a licence or an authority: (b) would not have a significant adverse impact on the community. (3) The application must be lodged with the Director in the approved form.

Liquor Act 2019 67 (4) The application must be accompanied by the following: (b) the evidence necessary to satisfy the onus specified in subsection (2); (c) a summary of the evidence referred to in paragraph (b) that is suitable for publication; (d) the application fee prescribed by regulation. (5) If a licensee wishes to vary the size of the licensed premises, the licensee must apply under section 96 for approval to make a material alteration to licensed premises.

111 Notice of application to vary conditions (1) The Director may require the applicant to publish notice of the application to vary the conditions of a licence or an authority if the Director considers it to be in the public interest. (2) The notice must: (a) identify the location of the licensed premises; and (b) describe the nature of the business conducted on or in the (c) summarise the proposed variation of conditions; and (d) contain any other particulars determined by the Director; and (e) be published in accordance with directions from the Director. (3) The Director must, as soon as reasonably practicable, inform the following that the application has been made: (b) the Commissioner of Police; (c) if the application relates to premises within a local government area – the chief executive officer of the local council. (4) To avoid doubt, sections 62 and 63 apply to an application if an objection to the application is lodged under section 61.

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112 Variation on application (1) When considering an application to vary the conditions of a licence or an authority, the Commission must also consider the following: (a) the affidavit required by section 54; (b) any objection to the application made under section 61; (c) any response provided by the applicant under section 62; (d) the public interest and community impact requirements. (2) After considering the application and the other matters in subsection (1), the Commission must decide whether to: (a) vary the conditions of the licence or authority; or (b) refuse to vary the conditions of the licence or authority. (3) As soon as practicable after making a decision under subsection (2), the Commission must give a decision notice to: (4) A variation of the conditions of a licence or an authority takes effect on the date specified by the Commission in the decision notice.

113 Variation by Commission (1) The Commission may, on its own initiative, vary the conditions of a licence or an authority other than a condition added or varied by the Minister under section 88. (2) Before varying the conditions, the Commission must give the licensee a written notice that: (a) states the proposed variation; and (b) states the reasons for the proposed variation; and (c) invites the licensee to submit a response to the proposed variation within 28 days after the date of the notice.

Liquor Act 2019 69 (3) The Commission may vary the conditions of the licence or authority as proposed in the notice or in another way the Commission considers appropriate after considering: (a) any response of the licensee submitted within the 28-day period; and (b) the results of any hearing; and (4) As soon as practicable after deciding to vary the conditions under subsection (3), the Commission must give a decision notice to the licensee. (5) The variation takes effect on the later of the following: (a) the date on which the licensee receives the decision notice; (b) the date stated in the decision notice. (6) Subsections (2) to (5) do not apply if the variation is for a formality or a clerical reason that does not alter the substance of the conditions.

114 Limit on variation of conditions The following cannot be varied by the Commission: (a) a condition added by the Minister under section 88; (b) the days on which a licensee is prohibited from selling, supplying or serving liquor; (c) the requirements to provide information on liquor purchases and sales to the Director.

115 Hearing by Commission about varying conditions (1) If the Commission considers it appropriate, the Commission may convene a hearing about whether to vary the conditions of a (2) Before convening a hearing, the Commission may do any of the (a) publish notice of the time and date for the hearing and the proposed variation of the conditions in the way, and within the period, the Commission considers appropriate;

Liquor Act 2019 70 (b) invite any person or body to make written submissions in relation to the proposed variation of conditions; (c) publish any written submissions received under paragraph (b). (3) The Commission may conduct a hearing as the Commission

128 Establishing identification system (1) The Minister may establish an identification system for licensees to determine whether a person is prohibited from purchasing or consuming liquor by any of the following: (a) a BDO or court order under the Alcohol Harm Reduction Act 2017; (b) a bail condition imposed under the Bail Act 1982, other than

Part 3 of that Act; (c) a court order under the Domestic and Family Violence Act 2007; (d) a provision under a law of the Territory prescribed by regulation. (2) The system must be designed to: (a) enable a licensee or the licensee's employees to scan approved forms of identification presented by patrons at the time of purchasing or consuming liquor; and (b) indicate to a licensee or the licensee's employees whether the patron is prohibited from purchasing or consuming liquor or liquor of a particular kind or quantity. (3) Only the following forms of identification are approved for the identification system: (a) a passport; (b) a licence under the Motor Vehicles Act 1949 or under an equivalent Act of a State or other Territory; (c) a licence granted under the Firearms Act 1997;

Liquor Act 2019 71 (d) any other form of identification approved by the Director.

129 Application of identification system (1) The regulations may prescribe which authorities require the use of the identification system. (2) The Territory must give a scanner to any licensee who holds an authority that requires the identification system as prescribed by regulation.

130 Operating identification system (1) A licensee must use and maintain the identification system if the licensee holds an authority that requires the identification system as (2) If required to use the identification system, a licensee or a licensee's employee must not sell liquor to an individual unless: (a) subject to subsection (3), the individual presents an approved form of identification of the individual, which appears to be authentic; and (b) the licensee or employee operates the system using the identification or the details included in the identification to check whether the person is prohibited under section 128(1); and (c) the system indicates the individual is not prohibited under section 128(1). (3) In the case of a purchase not made in person, the individual may provide details of an approved form of identification of the individual instead of complying with subsection (2)(a). (4) If required to use the identification system, a licensee and the licensee's employees: (a) must not disclose or use any information indicated in the system, except in accordance with this Act or another law of the Territory; and (b) must not damage or tamper with the system or any component of the system; and (c) must maintain the system in accordance with directions from the Commission; and

Liquor Act 2019 72 (d) must comply with any other requirement prescribed by regulation for the system. (5) The Commission may, by Gazette notice, exempt an authority from a requirement in subsection (1), (2) or (4) for the period specified in the notice.

131 Offences related to operation of identification system (1) A licensee commits an offence if the licensee contravenes a requirement in section 130. (2) A licensee's employee commits an offence if the employee contravenes a requirement in section 130(2) or (4). (3) An offence against subsection (1) or (2) is an offence of strict subsection (1) or (2) if the defendant has a reasonable excuse. Example for subsection (4) A reasonable excuse for a contravention might be a failure of the identification system to operate properly for a reason other than the defendant's conduct.

132 Entering local liquor accord (1) The Director must take all reasonable steps to enter into a local liquor accord with licensees to prevent or reduce any anti-social behaviour, disorder, harm and violence, including domestic violence as defined in section 5 of the Domestic and Family Violence Act 2007, in which liquor is involved. (2) The Director may, by written notice, require a licensee to be a party to a local liquor accord. (3) A licensee is taken to be a party to the local liquor accord within 14 days after being given the notice in subsection (2). (4) The following entities may also be parties to a local liquor accord: (a) the Commissioner of Police; (b) a local council;

Liquor Act 2019 73 (c) any body or organisation representing commercial or business interests in a local area; (d) a community or residents' group with an interest in preventing or reducing alcohol-related violence or in improving the amenity of a local area; (e) a person or body prescribed by regulation. (5) A party to a local liquor accord may leave the accord at any time if the party entered into the accord voluntarily.

133 Content of local liquor accord (1) A local liquor accord may provide for anything that might prevent or reduce alcohol-related violence, including the following actions by licensees: (a) ceasing or restricting the sale, supply or service of liquor on or in the licensed premises earlier than otherwise allowed; (b) restricting the public's access to the licensed premises; (c) prohibiting or restricting the use of glass containers; (d) maintaining a register of incidents of alcohol-related violence; (e) installing and operating video surveillance or other security systems; (f) providing a specified number and type of security staff on or in the licensed premises; (g) charging higher prices for liquor. (2) A local liquor accord must include the following: (a) the name and address of each party to the accord; (b) the name and address of a party, or a representative of a party, who is to be the coordinator for the accord; (c) the local area in which the local liquor accord is to apply; (d) any other matter prescribed by regulation. (3) The Director must publish a local liquor accord in a way determined by the Director.

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134 Effect of local liquor accord (1) A licensee must comply with any local liquor accord to which the licensee is a party. (2) Any conduct engaged in by a person for the purpose of preparing a draft local liquor accord, approving a local liquor accord or promoting or giving effect to the terms of a local liquor accord, is specifically authorised for the purposes of section 51 of the Competition and Consumer Act 2010 (Cth). Example of conduct for preparing a local liquor accord Holding a meeting to discuss the option of preparing a local liquor accord. (3) Conduct authorised by subsection (2) is authorised only to the extent to which the conduct, so far as it consists of things done to regulate the sale or supply of liquor or in some other respect, would otherwise contravene Part IV of the Competition and Consumer Act 2010 (Cth).

135 Variation and termination of local liquor accord (1) The Director may, on application of a party to a local liquor accord, vary it at any time by written notice to the coordinator of the accord. (2) Subject to section 132(2), a party to a local liquor accord may only be added or removed with the party's consent. (3) The coordinator of a local liquor accord must give written notice to the Director if any party to the accord wishes to terminate the accord. (4) The Director may terminate a local liquor accord at any time if the Director considers it appropriate to do so. (5) As soon as practicable after making a decision under this section, the Director must give a decision notice to each party to the local liquor accord.

136 Responsible service A licensee must not take any action that would induce the irresponsible or excessive consumption of liquor on or in licensed premises contrary to a guideline of the Commission under section 316.

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137 Responsible service certificate (1) A licensee must ensure that every employee whose responsibilities involve serving patrons or supervising the serving of patrons: (a) holds a responsible service of alcohol certificate issued by a body: (i) accredited by the Australian Skills Quality Authority; or (ii) approved by the Commission; and (b) completes a refresher course on the responsible service of alcohol from a body approved by the Commission if the certificate is more than 3 years old. (2) In the case of a new employee who does not hold the certificate, but whose responsibilities involve serving patrons or supervising the serving of patrons, the licensee must ensure that the employee either obtains the certificate within 7 days or is removed from those responsibilities. (3) A licensee must keep the following: (a) a record, in the approved form, of the names of all employees who hold the certificate; (b) a copy of each employee's certificate.

138 Duty to refuse service A licensee and the licensee's employees must refuse to serve liquor to a person if the licensee or employee believes on reasonable grounds that the person: (a) is intoxicated; or (b) is registered on the banned drinkers register.

139 Power to refuse service A licensee and the licensee's employees may refuse to serve liquor to a person if the licensee or employee believes on reasonable grounds that the person: (a) will commit an offence against this Act; or (b) will become intoxicated; or

Liquor Act 2019 76 (c) will engage in violent, quarrelsome or disorderly behaviour on or in the licensed premises, or in the vicinity of those premises; or (d) has engaged in any conduct specified in paragraph (c) within the last 12 months.

140 No discrimination To avoid doubt, a person must not use an attribute specified in section 19(1) of the Anti-Discrimination Act 1992 as a reason to form a belief under section 138 or 139.

141 Duty and power to exclude and remove persons (1) A licensee and the licensee's employees must exclude and remove from the licensed premises any person who is violent, quarrelsome, disorderly or incapable of controlling the person's behaviour, other than a person residing in or lodging at residential accommodation on or in the licensed premises. (2) A licensee and the licensee's employees may exclude and remove from the licensed premises any person who is intoxicated, other than a person residing in or lodging at residential accommodation on or in the licensed premises. (3) A person commits an offence if the person contravenes subsection (3) if the defendant has a reasonable excuse.

142 Power to exclude or remove persons (1) A licensee, a licensee's employee, an inspector or a police officer may exclude or remove from the licensed premises: (a) a person occupying residential accommodation on or in the licensed premises who is intoxicated, violent, quarrelsome, disorderly or incapable of controlling the person's behaviour; or

Liquor Act 2019 77 (b) any person whose presence on or in the licensed premises might: (i) render the licensee liable to a penalty under this Act or any other law of the Territory; or (ii) disrupt the business of the licensee or unreasonably interfere with the wellbeing of other persons lawfully on or in the premises; or (c) any person convicted of an offence relating to the possession or supply of a drug on or in licensed premises within the last (2) A licensee, licensee's employee, inspector or police officer exercising a power under this section or section 141 may use the force that is reasonably necessary for the purpose. (3) A police officer must, on the request of the licensee, licensee's employee or inspector, exclude, remove or assist in excluding or removing from licensed premises any person who is being excluded or removed in accordance this section or section 141. (4) A person may be excluded or removed from licensed premises even if the person is a member of an incorporated association that is the licensee in respect of the licensed premises.

143 Excluded or removed person (1) A person who is being excluded or removed in accordance with section 141 or 142 must immediately leave the licensed premises.

144 Returning after being excluded or removed (1) A person excluded or removed from licensed premises under section 141 or 142 must not re-enter, or attempt to re-enter, the licensed premises within 12 hours after the time the person left or was removed from the licensed premises.

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145 Prohibiting and restricting promotion of irresponsible drinking (1) The Director may, on the grounds specified in subsection (2), issue a written direction to a licensee that: (a) prohibits or restricts the licensee from doing any conduct specified in subsection (2)(a) to (e); or (b) requires the licensee to give the Director a report, within a specified period, about action taken to ensure responsible drinking occurs on or in the licensed premises. (2) The direction under subsection (1) may be issued if the Director believes on reasonable grounds that: (a) the licensee has committed, is committing, or is about to commit, an offence against this Division; or (b) the licensee is encouraging patrons to consume more liquor than normal or to consume liquor more rapidly than normal; or (c) the licensee is encouraging the irresponsible, rapid or excessive consumption of liquor on or in the licensed premises; or (d) the licensee is promoting, or allowing the promotion of, liquor in a way that appeals to children through designs, motifs, characters or other marketing tactics that appeal to children; or (e) the licensee is promoting liquor in an indecent or offensive manner; or (f) it is otherwise in the public interest to issue the direction to prohibit or restrict irresponsible drinking. (3) The conduct specified in subsection (2)(b) and (c) includes the (a) providing extreme discounts to the price of liquor that encourages higher consumption of liquor; (b) providing significant discounts of limited duration that encourages drinking more rapidly; (c) serving liquor in non-standard measures that encourages higher consumption of liquor;

Liquor Act 2019 79 (d) using marketing tactics that rely on emotion to encourage irresponsible drinking. (4) The direction may be issued in conjunction with any other action taken under this Act. (5) A licensee to whom a direction is issued under this section must comply with the direction.

146 Controlling promotion of undesirable liquor products (1) The Director may issue a direction to prohibit or restrict the sale, supply or service of any liquor product that, in the opinion of the Director, appeals to children. (2) A liquor product is taken to appeal to children if: (a) the name of the product or the design of its packaging is attractive to children; or (b) the product is likely to be confused with a non-alcoholic beverage or confectionary product. (3) Before taking action under subsection (1), the Director must give the manufacturer or supplier of the product written notice: (a) identifying the liquor product; and (b) stating the nature of the proposed prohibition or restriction; and (c) stating the reasons for the proposed prohibition or restriction; and (d) inviting the manufacturer or supplier to show cause, in writing and within 28 days from the date the notice is given, why the product should not be prohibited or restricted. (4) After considering any response received within 28 days of the date of the notice, the Director may: (a) take no action; or (b) issue a direction prohibiting or restricting the sale or supply of the liquor product. (5) As soon as practicable after making a decision under this section, the Director must give a decision notice to the manufacturer or supplier.

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147 Review by Commission The manufacturer or supplier of a liquor product may, under Part 4 of the Liquor Commission Act 2018, apply for the review of a decision of the Director prohibiting or restricting the sale or supply of the product.

148 Offences related to undesirable liquor products (a) the person is subject to a direction under section 146; and (c) the conduct results in a contravention of the direction and the person is reckless in relation to that result. (a) the person intentionally manufacturers or supplies a liquor product; and (b) the liquor product is prohibited or restricted under section 146; and (c) the conduct results in a contravention of the prohibition or restriction and the person is reckless in relation to that result. (3) Strict liability applies to subsections (1)(a) and (2)(b).

149 Scope of audit A harm minimisation audit is an audit of a licensee's activities, operations and licensed premises to measure the extent to which the licensee does the following: (a) promotes the purposes of this Act; (b) complies with codes of practice established by the Commission under section 20; (c) complies with guidelines made by the Commission under section 316;

Liquor Act 2019 81 (d) complies with any local liquor accord to which the licensee is a party; (e) minimises the harm or ill-health caused by the consumption of (f) avoids practices that encourage irresponsible drinking; (g) ensures liquor is sold, supplied, served and consumed in a responsible manner; (h) safeguards public order and safety from any adverse effects of the licence; (i) protects the safety, health and welfare of patrons; (j) prevents access to liquor by children and other persons who are prohibited or restricted from consuming liquor; (k) ensures employees properly perform their duties; (l) prevents the giving of credit in sales of liquor to patrons; (m) reduces or limits increases in anti-social behaviour and alcohol-related violence.

150 Conducting harm minimisation audit (1) The Director may designate a person who is authorised to conduct harm minimisation audits. (2) Before designating a person, the Director must be satisfied the person has the appropriate qualifications or experience to conduct a harm minimisation audit. (3) The Director may, on the Director's own initiative or in response to a complaint, direct that a harm minimisation audit be conducted in respect of a licensee. (4) The Director must give the licensee written notice of the pending harm minimisation audit, including who will conduct it and any terms or conditions of the audit. (5) A person conducting a harm minimisation audit may exercise the powers of an inspector under Part 7, Division 1. (6) After conducting a harm minimisation audit, the person must give a written report on the audit to the licensee and Director.

Liquor Act 2019 82 (7) The report must be prepared in accordance with any guidelines issued by the Commission and include the following: (a) the outcome of the harm minimisation audit; (b) any changes being recommended to the licensee's activities, operations or premises.

151 Action after harm minimisation audit (1) After considering a harm minimisation audit report, the Director may do any of the following in relation to any non-compliance with a licensee's obligations under this Act: (a) give the licensee a formal warning; (b) issue an infringement notice; (c) offer the licensee the option of entering into an enforceable (d) refer the matter to the Commission for action under Part 7, Division 4. (2) The Director must, as soon as practicable, report to the Commission on the action taken under subsection (1).

152 Application This Division applies to a substance that: (a) contains more than 1.15% of ethyl alcohol by volume; and (b) is not intended to be ingested. Example for section 152 Mouthwash containing alcohol.

153 Control of inedible alcohol products (1) A person must not consume a substance described in section 152 in any public place. See sections 236 and 243.

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154 Inspector's identity card An inspector must carry the inspector's identity card when exercising a power under this Act.

155 Entry and inspections by Inspector and police officer (1) An inspector or a police officer may enter and inspect the following premises at any time the premises are open or appear to be in use: (a) any licensed premises; (b) any premises operated by a registered wholesaler; (c) any premises operated by a registered complimentary server of liquor. (2) An inspector or a police officer is not authorised to enter a private room on or in premises without the prior consent of the occupant, the licensee or a person who is apparently in charge of the premises, unless the inspector or officer believes on reasonable grounds that an offence against this Act has occurred, is occurring or is likely to occur in that room. (3) An inspector or a police officer may, at any time, enter and inspect any premises if the inspector or officer believes on reasonable grounds that: (a) liquor is being sold on or in those premises; or (b) liquor is being kept for sale on or in premises which are not licensed premises; or (c) an offence against this Act has occurred, is occurring or is likely to occur on or in those premises. (4) Before exercising a power under this section, an inspector must produce the inspector's identity card on the request of the occupier or a person apparently in charge of the premises. private room means a room on or in premises that is used predominantly for a purpose not related to the operation or management of the premises under a licence, a registration as a wholesaler under section 33 or a registration under section 41.

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156 Inspection powers (1) An inspector or a police officer may, during an inspection, exercise any of the following powers: (a) examine, make an inventory of and take samples of any liquor or substance found that the inspector or officer believes on reasonable grounds to be or to contain alcohol; (b) inspect any book, document or other record; (c) remove any book, document or record for the purpose of having copies made; (d) seize and remove any liquor or container that the inspector or officer believes on reasonable grounds to be evidence of an offence against this Act; (e) request a licensee, a registered wholesaler, registered premises to answer questions; (f) request a licensee, a registered wholesaler, a registered premises to produce a document or thing under the person's control; (g) request a licensee, a registered wholesaler, a registered premises to give any other reasonable assistance the inspector or officer requires to carry out the inspection. (2) An inspector or a police officer may retain a book, document or record removed or produced under subsection (1) for as long as reasonably necessary to make copies of the book, document or record. (3) An inspector or a police officer who takes a sample of liquor or a substance under subsection (1) must: (a) divide the sample into 2 approximately equal parts; and (b) put each part in a sealed container to which is affixed a label bearing: (i) the signature of the inspector or officer; and (ii) particulars of the premises on which the sample was taken; and

Liquor Act 2019 85 (iii) particulars of the date and time when the sample was taken; and (c) give one of the containers to the licensee, occupier or other person apparently in charge of the licensed premises; and (d) deliver the other container to an analyst approved by the (4) An inspector or a police officer may exercise the powers under this section with the reasonable assistance and force that the inspector or officer considers necessary. (5) Any liquor or substance seized under this section is to be dealt with in accordance with Part 12.

157 Other powers to detect non-compliance (1) For the purpose of investigating what an inspector or a police officer believes on reasonable grounds is a licensee's non-compliance with this Act, the inspector or officer may offer to purchase, attempt to purchase or purchase liquor from a licensee contrary to the licensee's licence or authority. (2) An inspector or a police officer need not identify themselves as an inspector or a police officer when acting under subsection (1), but must not do any thing additional to encourage a licensee to accept the offer or to sell the liquor. (3) Evidence obtained under subsection (1) is not admissible in a criminal prosecution against a person who offered to sell or sold liquor as a result of an inspector exercising powers under that subsection. (4) Evidence obtained under subsection (1) may be used as follows: (a) by the Commission and the Director under Division 4; (b) by an inspector or a police officer to locate or identify other evidence, which may be used in a criminal proceeding.

158 Investigations (1) The Director must conduct an investigation into a licensee, a licence, an authority or licensed premises if: (a) the Chairperson requests it; or

Liquor Act 2019 86 (b) the Director accepts a complaint under section 161. (2) An investigation into a complaint accepted under section 161 must be conducted within 90 days after the complaint is accepted or any longer period allowed by the Commission. (3) The Director may conduct an investigation into a licensee, a licence, an authority or licensed premises if: (a) the Director receives information, other than a complaint, about a contravention of this Act relating to the licensee, licence, authority or licensed premises; or (b) the Director otherwise considers it advisable on the Director's own initiative. (4) An investigation is to be conducted as the Director considers appropriate. (5) Two or more investigations may be conducted jointly or at the same time. (6) The Director must during an investigation: (a) inform the licensee of the nature of the investigation, including any applicable complaint; and (b) give the licensee sufficient opportunity to provide a written response to the matter under investigation and any applicable complaint.

159 Enforceable undertakings (1) As an alternative to disciplinary action, the Director may accept an enforceable undertaking given by a licensee for a contravention of this Act that has occurred or is alleged to have occurred. (2) If an enforceable undertaking is in force, no disciplinary action may be taken against the licensee in respect of the contravention for which the undertaking is given. (3) The Director may also invite a licensee to give an enforceable undertaking to prevent a risk of potential harm even if no contravention of this Act has occurred or is alleged to have occurred. (4) An enforceable undertaking may provide for the following: (a) the prevention of a contravention of this Act;

Liquor Act 2019 87 (b) matters related to mitigation or remediation in relation to a contravention; (c) matters related to the prevention of risks of potential harm; (d) any other matter the Director and the licensee consider relevant. (5) Acceptance of an enforceable undertaking must be given in writing by the Director to the licensee. (6) A copy of any accepted enforceable undertaking must be published on the Director's website. (7) An enforceable undertaking cannot be varied or withdrawn without the consent of the Director. (8) A licensee's breach of an enforceable undertaking is grounds for disciplinary action against the licensee.

160 Making a complaint (1) A person may make a complaint against a licensee on any of the following grounds: (a) the licensee contravened a condition of the licence or (b) the licensee or the licensee's employee contravened another provision of this Act or the regulations, whether or not it constitutes an offence; (c) the licensee or the licensee's employee contravened another law of the Territory that regulates: (i) the sale, supply, service or consumption of liquor; or (ii) the location, construction or facilities of licensed (d) the licensee or, if the licensee is a body corporate, an executive officer of the body corporate, was found by a court of competent jurisdiction to be guilty of an offence against a law of the Territory that is punishable by imprisonment for 5 years or more; (e) the licensee contravened a provision of an enforceable

Liquor Act 2019 88 (f) the licensee contravened a direction given to the licensee under this Act; (g) the licensee's licensed premises are no longer being used: (i) for the sale, supply, service or consumption of liquor; or (ii) in compliance with the licence and authority; (h) the licensee is not a fit and proper person to hold the licence; (i) the licensee's nominee is not a fit and proper person and the licensee should reasonably know that; (j) an employee of the licensee is not a fit and proper person to be an employee of the licensee and the licensee should reasonably know that; (k) the licensee obtained the licence by fraud or misrepresentation; (l) the licensee holds the licence for the benefit, directly or indirectly, of a person to whom the licence would not have been issued; (m) the licensed premises were used in a way that caused: (i) disorderly conduct on or in the premises or in the vicinity of the premises; or (ii) annoyance or disturbance to persons residing, working or conducting a business in the vicinity of the premises; (n) the licensee is no longer eligible to hold the licence. (2) The complaint must: (a) be made in the approved form; and (b) specify the ground for the complaint; and (c) be signed by the complainant; and (d) be lodged with the Director. (3) A complaint may be made and investigated at any time but, if the licence expired or was cancelled, the complaint must be made within 6 months after the latest occurrence of a matter that forms a ground for the complaint.

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161 Acceptance of complaint (1) The Director may refuse to accept a complaint if satisfied that: (a) the complaint is frivolous or vexatious; or (b) the complaint is trivial; or (c) the complaint is misconceived or lacking in substance; or (d) no grounds exist for the complaint; or (e) the complaint fails to disclose any conduct that contravenes, or is likely to contravene, this Act; or (f) action to deal with the complaint has little or no chance of success. (2) Within 14 days after a complaint is lodged, the Director must decide whether to: (a) accept the complaint; or (b) refuse to accept the complaint. (3) Within 14 days after making a decision under subsection (2), the Director must give the complainant written notice of the decision. (4) A decision under subsection (2) is not reviewable by the Commission or NTCAT.

162 Notice to licensee (1) Within 14 days after making a decision to accept a complaint under section 161(2)(a), the Director must give the licensee written notice of: (a) the substance of the complaint; and (b) the Director's intention to investigate the complaint; and (c) the licensee's right to respond to the complaint under (2) A licensee may respond in writing to a complaint, which must be lodged with the Director within 14 days after being given the notice referred to in subsection (1).

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163 Action after investigation (1) On completing an investigation, the Director may do any of the (a) take no further action if satisfied that: (i) there are no grounds or evidence to justify taking further action; or (ii) the matter does not warrant taking further action; (b) give the licensee a formal warning in relation to the complaint; (c) mediate the complaint; (d) issue an infringement notice in relation to the complaint; (e) enter into an enforceable undertaking with the licensee in relation to the complaint; (f) refer the matter to the Commission for disciplinary action. (2) The Director may refer to the Commission any other matter suitable for disciplinary action that arises during an investigation. (3) Within 14 days after making a decision under subsection (1) or (2), the Director must give a decision notice to the following: (a) the complainant; (b) the licensee; (c) the Commission.

164 Referral of disciplinary matter If the Director refers a matter to the Commission for disciplinary action, the referral must specify details about: (a) any response given by the licensee under section 162(2); and (b) the result of the investigation; and (c) the grounds for disciplinary action.

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165 Disciplinary action (1) The Commission may take disciplinary action against the licensee only if the Commission is satisfied: (a) a ground for the disciplinary action exists; and (b) the disciplinary action is appropriate in relation to that ground. (2) The Commission may take any of the following disciplinary actions against a licensee: (a) vary the conditions of a licensee's licence or impose additional conditions on the licence; (b) suspend a licence; (c) cancel a licence; (d) impose a monetary penalty on a licensee in accordance with section 167; (e) direct a licensee to take, or refrain from taking, a specific action; (f) disqualify a person from holding a licence for a specified period. (3) Subject to section 168, the Commission may take disciplinary action against a licensee for a contravention of this Act even if: (a) the licensee is issued an infringement notice in relation to that contravention; or (b) the licensee is being prosecuted for an offence in relation to that contravention.

166 Hearing and decision (1) If the Director refers a matter to the Commission for disciplinary action, the Commission must decide whether to take disciplinary action against the licensee. (2) The Commission must conduct a hearing into any matter referred to it by the Director. (3) Two or more related matters may be heard jointly or at the same time.

Liquor Act 2019 92 (4) The Commission may hear a matter not referred to it but which arises from a matter that was referred to it. (5) On completing the hearing, the Commission must: (a) dismiss the matter of the hearing; or (b) take disciplinary action against the licensee. (6) The Commission may dismiss a matter referred to it and cancel a hearing if: (a) the matter is withdrawn; or (b) the Commission is satisfied that the matter should be dismissed. subsection (1), the Commission must give a decision notice to the parties to the hearing. (8) To avoid doubt, this section does not affect the operation of section 257 or 258.

167 Monetary penalty (1) The amount of a monetary penalty must not exceed the lesser of (a) 200 penalty units; (b) in the case of an offence – the maximum amount of the fine specified for the offence. (2) A monetary penalty is a debt due to the Territory. (3) A licensee must pay any monetary penalty imposed on the licensee within 28 days, or any longer period allowed by the Commission, after notice of the penalty is given to the licensee. (4) To avoid doubt, the monetary penalty is a civil penalty for the purposes of the Penalty Units Act 2009.

168 Limit on monetary penalty (1) No monetary penalty may be imposed against a licensee for a contravention of this Act if: (a) the licensee is issued an infringement notice in relation to that contravention; or

Liquor Act 2019 93 (b) the licensee is being prosecuted for an offence in relation to that contravention. (2) However, a monetary penalty may be imposed by the Commission against a licensee specified in subsection (1) if: (a) the infringement notice is withdrawn; or (b) the prosecution is discontinued. (3) The Commission must take into account any penalty imposed by a court of competent jurisdiction on a licensee when taking disciplinary action against a licensee.

169 Register of enforcement matters (1) The Director must maintain a register to record: (a) any enforceable undertaking; and (b) any disciplinary action taken by the Commission. (2) The register must contain the following information: (a) the name and address of the licensee involved; (b) the date of any disciplinary action or any enforceable (c) a copy of all decisions of the Commission regarding any disciplinary action; (d) a copy of any enforceable undertaking; (e) the details of any expiry, withdrawal or variation of an undertaking. (3) The register must be published on the Director's website.

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170 Definitions interim alcohol protected area means any alcohol protected area under the Stronger Futures in the Northern Territory Act 2012 (Cth) as in force immediately before 17 July 2022. registered owner, see section 4 of the Land Title Act 2000.

170A Prohibition of liquor in interim alcohol protected areas (1) Subject to subsection (4), liquor is prohibited in an interim alcohol protected area to the extent it is not otherwise prohibited in the area (2) The Director must publish on the Director's website the boundaries of each interim alcohol protected area. (3) The prohibitions of a general restricted area or special restricted area that overlaps with an interim alcohol protected area prevail over any inconsistent provisions of the interim alcohol protected (4) An area ceases to be an interim alcohol protected area: (a) if it is revoked by the Director under section 170AB; or (b) if it is subsumed by a general restricted area that applies to the same or substantially the same area as the interim alcohol protected area. (5) Sections 201 to 207 apply to enable a person to apply for a permit to exempt a person from the prohibitions in an interim alcohol protected area as if a reference in those sections to a general restricted area were a reference to an interim alcohol protected 170AB Revocation of interim alcohol protected area (1) Any person may request the Director to revoke an interim alcohol protected area.

Liquor Act 2019 95 (2) The request must be: (a) in the approved form; and (b) accompanied by: (i) a statement of support by the registered owner of any land in the area to which the request applies; and (ii) a copy of the community alcohol plan for the area; and (iii) evidence that the community alcohol plan is supported by at least 60% of the adults who reside in the area. (3) The Director may request the applicant to provide any additional information the Director requires to make a decision on the request. (4) The Director may reject a request if the Director is satisfied the request is frivolous or vexatious. (5) Before making a decision on the request, the Director must consult with the following: (a) the Commissioner of Police; (b) the Chief Executive Officer of the Agency administering the Alcohol Harm Reduction Act 2017; (c) the main health services providers for residents of the area; (d) any other person the Director considers necessary to consult with to establish compliance with subsection (6)(a). (6) The Director may revoke all or part of an interim alcohol protected area if the Director is satisfied: (a) the revocation: (i) is in the public interest; and (ii) is not likely to have a significant adverse impact on the Territory community; and (b) the community alcohol plan for the area: (i) complies with this Division and is not otherwise inconsistent with this Act or the Regulations; and (ii) is supported by at least 60% of the adults who reside in the area.

Liquor Act 2019 96 (7) If the Director revokes an interim alcohol protected area, the Director must publish: (a) by Gazette notice: (i) the boundaries of the area in which alcohol is no longer prohibited; and (ii) a provision for when the revocation takes effect; and (b) on the Director's website – the community alcohol plan for the (8) For subsection (7)(a)(ii), a provision for when the revocation takes effect may be contingent on the full or partial implementation of the community alcohol plan. 170AC Referral to Commission (1) At any stage of the process for considering a request under section 170AB(1) the Director may refer the request to the (2) If the Director refers a request to the Commission under subsection (1), section 170AB applies to the Commission as if a reference to the Director were a reference to the Commission. Note for section 170AC See the Liquor Commission Act 2018 for the powers of the Commission on referral of a matter under this Act. 170AD Community alcohol plan (1) A community alcohol plan must: (a) be in writing; and (b) be consistent with this Act and the Regulations; and (c) state the period for which it is to have effect; and (d) include the matters prescribed by regulation. (2) Before a proposed community alcohol plan is submitted to the Director under section 170AB(2)(b), the person making the request under section 170AB(1) must: (a) consult with members of the community to which the proposed plan would apply, in the manner (if any) prescribed by regulation; and

Liquor Act 2019 97 (b) ascertain that the proposed plan is supported by at least 60% of the adults who reside in the area to which it would apply, in accordance with any requirements prescribed by regulation. Example for subsection (2)(b) The applicant may wish to engage the Northern Territory Electoral Commission to conduct a ballot of the community. 170AE No review by NTCAT A decision of the Director or the Commission under this Division is not reviewable by NTCAT.

170B Offence for interim alcohol protected area (a) brings liquor into an interim alcohol protected area; or (b) possesses liquor, or has liquor under the person's control, in an interim alcohol protected area; or (c) consumes liquor in an interim alcohol protected area; or (d) sells, supplies or serves liquor in an interim alcohol protected a destination outside the interim alcohol protected area to another destination outside the interim alcohol protected area. (4) An offence against subsection (1) is taken to be a forfeiture offence.

Liquor Act 2019 98 (5) In any proceeding for an offence against subsection (1), a place was or was not, at a specified time, within an interim alcohol protected area, is evidence of the facts stated.

170C Enforcement The powers of an inspector or a police officer under sections 238 and 241 may be exercised in relation to an interim alcohol protected area as if it were a general restricted area.

170D Repeal of Division (1) Subject to subsection (2), this Division is repealed on (2) The Regulations may vary the date of repeal provided by

171 No consumption in prohibited public places (1) Subject to Division 6, a person must not consume liquor in any public place (or in a vehicle at a public place) in the following locations: (a) Alice Springs; (b) Darwin; (c) Katherine; (d) Palmerston; (e) Tennant Creek; (f) the Darwin Waterfront Precinct specified under section 4 of the Darwin Waterfront Corporation Act 2006; (g) any local government area that a local council declares, by notice published on the council's website, to be subject to this prohibition; (h) any public place not within a location specified by paragraphs (a) to (g) but within 2 km of licensed premises; (i) any place prescribed by regulation.

Liquor Act 2019 99 (2) If a person contravenes subsection (1): (a) the person may be searched under section 236; and (b) the liquor may be seized and disposed of under section 243.

171A Offence relating to consumption of liquor in prohibited public places (1) A person commits an offence of strict liability if the person: (a) consumes liquor in a public place, or in a vehicle in a public place, in a location referred to in section 171(1); and (b) engages in conduct that causes a nuisance to other people in, or within the vicinity of, a public place. Maximum penalty: 5 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) if the defendant establishes that the owner or occupier of the public place gave permission under section 200 for the defendant to consume liquor in the public place.

172 Power to declare general restricted area (1) The Commission may, by Gazette notice, declare a specified area of land to be a general restricted area in which liquor is prohibited. (2) A declaration of a general restricted area may be made on the Commission's own initiative or on application under section 174. (3) The declaration must specify the following: (a) the boundaries of the general restricted area; (b) the prohibitions or restrictions in the general restricted area; (c) when the declaration expires; (d) any other matters the Commission considers appropriate. (4) The Commission may provide that one or more types of liquor are prohibited or not prohibited in a general restricted area. Example for subsection (4) All liquor is prohibited in the general restricted area except low-strength beer.

Liquor Act 2019 100 (5) The following are prohibited in a general restricted area: (a) the bringing of prohibited liquor into the area; (b) the possession of prohibited liquor in the area; (c) the consumption of prohibited liquor in the area; (d) the sale, supply and service of prohibited liquor in the area.

173 Offence for general restricted area (a) brings prohibited liquor into a general restricted area; or (b) possesses prohibited liquor, or has prohibited liquor under the person's control, in a general restricted area; or (c) consumes prohibited liquor in a general restricted area; or (d) sells, supplies or serves prohibited liquor in a general restricted area. a destination outside the general restricted area to another destination outside the general restricted area.

174 Application for general restricted area (1) Any person may apply to the Commission for the declaration of a general restricted area.

Liquor Act 2019 101 (2) The application must be in the approved form and lodged with the (3) The application must include the following: (a) a detailed explanation of the restriction being proposed; (b) a detailed description of the proposed general restricted area; (c) the reasons for the proposed restriction. (3A) If a community alcohol plan is prepared for the proposed general restricted area, the application must be accompanied by a copy of the plan. (4) The Director may reject an application if the Director is satisfied the application is frivolous or vexatious.