NORTHERN TERRITORY OF AUSTRALIA
LIQUOR COMMISSION ACT 2018
As in force at 7 November 2019
Table of provisions
Part 1 Preliminary matters
1 Short title ......................................................................................... 1
2 Commencement .............................................................................. 1
3 Definitions ........................................................................................ 1
4 Application of Criminal Code ........................................................... 2
Part 2 Northern Territory Liquor Commission
Division 1 Establishment, functions and powers of
Commission
5 Establishment of Commission ......................................................... 2
6 Powers and functions of Commission .............................................. 3
Division 2 Membership of Commission
7 Membership of Commission ............................................................ 3
8 Chairperson and Deputy Chairperson ............................................. 4
9 Chairperson administers affairs of Commission etc......................... 4
10 Deputy members ............................................................................. 5
11 Term of office................................................................................... 6
12 Leave of absence ............................................................................ 6
13 Resignation of member ................................................................... 6
14 Termination of appointment of member ........................................... 6
15 Validity of acts ................................................................................. 6
Division 3 Proceedings of Commission
16 Convening of Commission ............................................................... 7
17 Constitution of Commission ............................................................. 7
18 Sittings of Commission .................................................................... 7
19 Quorum............................................................................................ 7
20 Procedure of Commission ............................................................... 7
21 Disclosure of interest ....................................................................... 7
Part 3 Matters relating to hearings by
Commission
22 Power to require person to give evidence or produce
evidentiary material ......................................................................... 8
Liquor Commission Act 2018 ii
23 Person fails to comply with summons.............................................. 8
24 Documents produced at hearing...................................................... 9
25 Contempt ......................................................................................... 9
26 Conduct constituting contempt of the Commission ........................ 10
27 Person engaging in contempt ........................................................ 11
Part 4 Review of Director's decisions
29 Application for review .................................................................... 11
30 Effect of application on decision of Director ................................... 12
31 Commission to consider application .............................................. 12
32 Conducting and deciding review .................................................... 12
33 Notice of decision on review .......................................................... 13
34 Subject to other Acts ..................................................................... 13
Part 5 Miscellaneous matters
Division 1 Offences
35 Unauthorised disclosure of confidential information ...................... 13
36 Misleading information ................................................................... 14
Division 2 Administrative matters
37 Delegation ..................................................................................... 15
38 Annual report ................................................................................. 15
39 Protection from liability .................................................................. 15
Division 3 Regulations
40 Regulations.................................................................................... 16
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 7 November 2019
LIQUOR COMMISSION ACT 2018
An Act to establish the Northern Territory Liquor Commission, and for
related purposes
Part 1 Preliminary matters
1 Short title
This Act may be cited as the Liquor Commission Act 2018.
2 Commencement
This Act commences on the day fixed by the Administrator by
Gazette notice.
3 Definitions
In this Act:
Chairperson:
(a) means the Chairperson of the Commission appointed under
section 8(1); and
(b) includes the Deputy Chairperson while acting as the
Chairperson.
Commission means the Northern Territory Liquor Commission
established by section 5.
contempt, of the Commission, see section 26.
Deputy Chairperson means the Deputy Chairperson of the
Commission appointed under section 8(1).
deputy, of a member, means a person appointed under section 10
to be the deputy of a member.
Director, see section 4(1) of the Liquor Act 2019.
Part 2 Northern Territory Liquor Commission
Division 1 Establishment, functions and powers of Commission
Liquor Commission Act 2018 2
member means a member of the Commission appointed under
section 7 (including the Chairperson and Deputy Chairperson).
Note for section 3
The Interpretation Act 1978 contains definitions and other provisions that may be
relevant to this Act.
4 Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this
Act.
Note for section 4
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.
Part 2 Northern Territory Liquor Commission
Division 1 Establishment, functions and powers of
Commission
5 Establishment of Commission
(1) The Northern Territory Liquor Commission is established.
(2) The Commission:
(a) is a body corporate with perpetual succession; and
(b) has a common seal; and
(c) is capable, in its corporate name, of:
(i) acquiring, holding and disposing of real, leasehold and
personal property; and
(ii) suing and being sued.
(3) All courts, judges and persons acting judicially must take judicial
notice of the common seal of the Commission affixed to a
document and must presume that it was duly affixed.
(4) The Commission is an emanation of the Crown in the right of the
Territory.
Part 2 Northern Territory Liquor Commission
Division 2 Membership of Commission
Liquor Commission Act 2018 3
6 Powers and functions of Commission
(1) The Commission has the functions imposed on it under this Act or
the Liquor Act 2019, and must do any other thing that is necessary
or convenient to be done for the proper performance of those
functions.
(2) Without limiting subsection (1), the Commission's functions include
making decisions on all matters referred to it under the Liquor
Act 2019.
(3) The Commission has the power to do all things that are necessary
or convenient to be done for, or incidental to, the performance of its
functions.
Division 2 Membership of Commission
7 Membership of Commission
(1) The Minister must, by Gazette notice, appoint the members of the
Commission.
(2) The Commission consists of the number of members, not less
than 4, that the Minister considers appropriate for the proper
conduct of the business of the Commission.
(3) A person is qualified for appointment as a member if the Minister is
satisfied that the person has the appropriate knowledge, experience
and expertise to be a member.
(4) A person is not eligible to be appointed as a member if:
(a) the person holds an office, or has an interest, in a club or body
corporate that holds a liquor licence or a gaming machine
licence; or
(b) in the previous 2 years, the person has been disqualified from
holding a liquor licence, either in the person's own right or as a
nominated manager; or
(c) the person has been declared bankrupt, applied to take the
benefit of a law for the relief of bankrupt or insolvent debtors,
compounded with creditors or made an assignment of the
person's remuneration for their benefit.
(5) At least one member must have qualifications or appropriate
knowledge, experience and expertise in health-related matters, and
be of good standing.
Part 2 Northern Territory Liquor Commission
Division 2 Membership of Commission
Liquor Commission Act 2018 4
(6) For subsection (5), appropriate knowledge, experience and
expertise in health-related matters includes:
(a) current or previous registration with the Australian Health
Practitioner Registration Agency for at least 5 years; or
(b) clinical experience the Minister considers to be the equivalent
of registration mentioned in paragraph (a).
(7) The exercise of the powers or the performance of the functions of
the Commission is not affected by a vacancy in the office of a
member.
8 Chairperson and Deputy Chairperson
(1) The Minister must appoint:
(a) one of the members to be the Chairperson of the Commission;
and
(b) another of the members to be the Deputy Chairperson of the
Commission.
(2) A person appointed to be the Chairperson or Deputy Chairperson
must be a lawyer who has been admitted to the legal profession for
at least 5 years and who is of good standing.
(3) The Deputy Chairperson acts as Chairperson if:
(a) there is a vacancy in the office of the Chairperson; or
(b) the Chairperson:
(i) is or is expected to be absent from duty or the Territory;
or
(ii) is unable to exercise the powers, or perform the
functions, of the Chairperson.
9 Chairperson administers affairs of Commission etc.
(1) The Chairperson:
(a) administers the affairs of the Commission; and
(b) must perform the functions imposed on the Chairperson under
this Act or another Act.
Part 2 Northern Territory Liquor Commission
Division 2 Membership of Commission
Liquor Commission Act 2018 5
(2) The Chairperson has power do all things that are necessary or
convenient to be done for, or incidental to, the administration of the
affairs of the Commission and the performance of the Chairperson's
functions.
10 Deputy members
(1) The Minister may appoint a person to be the deputy of a member.
(2) A person appointed to be the deputy of the Chairperson or Deputy
Chairperson must be a lawyer who has been admitted to the legal
profession for at least 5 years and who is of good standing.
(3) The deputy of the member mentioned in section 7(5) must have
qualifications or appropriate knowledge, experience and expertise
in health-related matters and be of good standing.
(4) The appointment of a deputy of a member has effect while the
member holds office, but the person may be reappointed as the
deputy of the member (if the member is reappointed) or another
member.
(5) If a member is absent from a meeting or other proceeding of the
Commission, the deputy of the member may act in place of the
member.
(6) When a deputy of a member attends a meeting or other proceeding
in place of the member, the deputy is taken to be a member:
(a) for the Assembly Members and Statutory Officers
(Remuneration and Other Entitlements) Act 2006; and
(b) for the exercise of the powers and the performance of the
functions of the Commission.
(7) A reference in this Act or the Liquor Act 2019 to a member of the
Commission includes a reference to the deputy of the member
while acting in place of the member.
(8) The validity of a decision of the Commission, or an act done by a
person as the deputy of a member, is not affected by an irregularity
in the substitution of a deputy for a member.
Note for section 10
The deputy of the member who is the Chairperson stands in for that member
when the member is absent, but does not stand in the role of Chairperson. The
Deputy Chairperson stands in that role.
Part 2 Northern Territory Liquor Commission
Division 2 Membership of Commission
Liquor Commission Act 2018 6
11 Term of office
(1) A member holds office for the period, not exceeding 5 years,
specified in the instrument of appointment and is eligible for
reappointment.
(2) Despite subsection (1), unless a member sooner vacates the
member's office or is removed from office under section 14, on the
expiration of the term of office of the member the member
continues to hold office until a successor is appointed.
12 Leave of absence
The Minister may grant a member leave of absence.
13 Resignation of member
A member may resign from office by written notice given to the
Minister.
14 Termination of appointment of member
(1) The Minister may terminate the appointment of a member on any of
the following grounds:
(a) inability to perform core functions as a member;
(b) misbehaviour;
(c) physical or mental incapacity;
(d) failure to disclose an interest in accordance with section 21.
(2) The Minister must terminate the appointment of a member if the
member:
(a) is absent, except on leave granted by the Minister, from
3 consecutive meetings of the Commission; or
(b) becomes bankrupt, applies to take the benefit of a law for the
relief of bankrupt or insolvent debtors, compounds with
creditors or makes an assignment of the member's
remuneration for their benefit.
15 Validity of acts
A decision of the Commission is not invalidated by a vacancy in the
membership of the Commission or a defect in the appointment of a
person as a member.
Part 2 Northern Territory Liquor Commission
Division 3 Proceedings of Commission
Liquor Commission Act 2018 7
Division 3 Proceedings of Commission
16 Convening of Commission
(1) The Commission must convene as often as is necessary for the
exercise of its powers and the performance of its functions.
(3) The Chairperson must make the arrangements that enable the
Commission to convene.
17 Constitution of Commission
For dealing with a matter, the Commission is constituted by:
(a) a presiding member (who must be either the Chairperson or
the Deputy Chairperson); and
(b) at least 2 other members (of whom at least one must have
health expertise) selected by the Chairperson.
18 Sittings of Commission
The Commission constituted by 3 or more members may convene
to deal with a matter at the same time as the Commission
constituted by 3 or more other members is convening to deal with
another matter.
19 Quorum
When the Commission convenes, 3 members constitute a quorum.
20 Procedure of Commission
(1) Questions before the Commission are determined by a majority of
the members present and determining the questions but, in the
event of an equal number of members deciding for and against a
question, the presiding member may determine that question.
(2) The Commission must keep records of its proceedings.
(3) The procedures of the Commission are as the Commission
determines, subject to any provisions of the Liquor Act 2019 that
apply when the Commission is dealing with a matter under that Act.
21 Disclosure of interest
(1) This section applies if a member has a direct or indirect pecuniary
interest in a matter being considered or about to be considered by
the Commission.
Part 3 Matters relating to hearings by Commission
Liquor Commission Act 2018 8
(2) The member must, as soon as possible after the relevant facts
come to the attention of the member, disclose the nature of the
interest:
(a) for a member who is not the Chairperson – to the
Chairperson; and
(b) for the Chairperson – to the Minister.
(3) The member who makes the disclosure:
(a) must not take part in any deliberation or decision of the
Commission in relation to the matter that occurs after the
member makes the disclosure; and
(b) must be disregarded for the purpose of constituting a quorum
of the Commission while the matter is deliberated and the
Commission's decision about the matter is made.
(4) The Commission must make and publish guidelines specifying the
types of interests that a member must disclose under this section.
Part 3 Matters relating to hearings by Commission
22 Power to require person to give evidence or produce
evidentiary material
The Commission may, on the application of a party to a proceeding
or on its own initiative, issue a summons requiring a person to
appear before the Commission at a specified time and place to give
evidence or produce evidentiary material.
23 Person fails to comply with summons
(1) A person commits an offence if:
(a) the person has been served with a summons to appear as a
witness at a hearing; and
(b) the person intentionally fails to do either or both of the
following:
(i) attend as required by the summons;
Part 3 Matters relating to hearings by Commission
Liquor Commission Act 2018 9
(ii) appear and report from day-to-day unless excused, or
released from further attendance by the Commission.
Maximum penalty: 100 penalty units or imprisonment for
6 months.
(2) A person commits an offence if:
(a) the person has been served with a summons to produce
documents or other evidentiary material; and
(b) the person intentionally does not comply with the summons.
Maximum penalty: 100 penalty units or imprisonment for
6 months.
(3) Strict liability applies to subsections (1)(a) and (2)(a).
(4) It is a defence to a prosecution for an offence against
subsection (1) or (2) if the defendant has a reasonable excuse.
24 Documents produced at hearing
(1) If documents or other evidentiary material are produced at a
hearing, the Commission may:
(a) inspect the documents or other material; and
(b) make, and retain, copies of the documents or other material.
(2) The Commission must return the original documents or other
material to the person who produced them as soon as practicable
after the completion of the hearing.
25 Contempt
(1) A person commits an offence if:
(a) the person intentionally engages in conduct; and
(b) the conduct constitutes contempt of the Commission and the
person is reckless in relation to that result.
Maximum penalty: 100 penalty units or imprisonment for
6 months.
(2) It is a defence to a prosecution for an offence against
subsection (1) if the defendant has a reasonable excuse.
Part 3 Matters relating to hearings by Commission
Liquor Commission Act 2018 10
26 Conduct constituting contempt of the Commission
(1) A person's conduct constitutes contempt of the Commission if the
person:
(a) appears before the Commission as a witness; and
(b) fails to do one or more of the following when required by the
Commission to do so:
(i) take an oath;
(ii) answer a question;
(iii) produce a document or other thing.
(2) A person's conduct constitutes contempt of the Commission if:
(a) the Commission has made an order requiring the person to do
or not do something; and
(b) the order:
(i) was made orally to the person during a proceeding; or
(ii) has been served on the person; and
(c) the person contravenes the order.
(3) However, subsection (2) does not apply if another law of the
Territory provides a penalty for the contravention, or enforcement,
of the order.
(4) A person's conduct constitutes contempt of the Commission if the
person contravenes an undertaking the person has given to the
Commission.
(5) A person's conduct constitutes contempt of the Commission if the
person:
(a) insults, threatens, intimidates or obstructs a member of the
Commission in relation to the member's performance of
functions or exercise of powers under this Act; or
(b) interrupts, obstructs or hinders a proceeding of the
Commission; or
(c) creates, or takes part in creating, a disturbance at or near the
place where the Commission is sitting; or
Part 4 Review of Director's decisions
Liquor Commission Act 2018 11
(d) engages in any other conduct that, under a law of the
Territory, would constitute contempt in the face of the court if
the Commission were a court of record.
27 Person engaging in contempt
If a person is engaging in conduct that the Commission considers
constitutes contempt, the Commission may order the person to
leave the place where the Commission is sitting and may continue
the proceeding in the person's absence.
Part 4 Review of Director's decisions
29 Application for review
(1) Any decision of the Director is reviewable by the Commission,
except:
(a) a decision under section 161(2) of the Liquor Act 2019; and
(b) a decision of a delegate of the Director that is reviewable by
the Director under the Liquor Act 2019.
(2) The following persons may apply for review of a decision of the
Director:
(a) the applicant affected by a decision regarding an application;
(b) any person affected by a decision regarding disciplinary
action;
(c) a licensee affected by a decision regarding the licence or
authority held by the licensee;
(d) any person who made a submission, complaint or objection
during the process that resulted in the decision;
(e) any other person given a right to review under the Liquor
Act 2019.
(3) The application must be made to the Commission by the later of:
(a) 28 days after written notice of the decision of the Director is
given to the person referred to in subsection (2); or
(b) any later date allowed by the Commission.
Part 4 Review of Director's decisions
Liquor Commission Act 2018 12
(4) The application must:
(a) be in the form approved by the Commission; and
(b) be accompanied by the fee prescribed by regulation; and
(c) state the grounds on which it is made and the facts relied on
to establish the grounds.
(5) To avoid doubt, a decision made by the Director as a delegate of
the Commission is reviewable by the Commission under this Part.
30 Effect of application on decision of Director
(1) Applying for review does not stay the operation of the decision of
the Director.
(2) However, the Commission may stay the operation of the decision of
the Director pending completion of the review.
31 Commission to consider application
(1) On receipt of the application, the Commission must review the
decision of the Director.
(2) The Commission may reject an application if satisfied the
application is frivolous or vexatious.
32 Conducting and deciding review
(1) In reviewing the decision of the Director, the Commission must:
(a) take into account any matter that the Act under which the
decision of the Director was made requires the Director to take
into account in reviewing the decision; and
(b) follow the procedures for review determined by the
Commission; and
(c) comply with the rules of natural justice.
(2) After reviewing the decision of the Director, the Commission must:
(a) confirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute a new decision.
Part 5 Miscellaneous matters
Division 1 Offences
Liquor Commission Act 2018 13
33 Notice of decision on review
(1) As soon as practicable after making a decision under section 32,
the Commission must give written notice of the decision to the
following persons:
(a) the applicant for the review;
(b) each person who has a right to apply for a review of, or to
appeal, the decision under the Act under which the decision of
the Director was made.
(2) The notice must state the following:
(a) the Commission's decision and the reasons for it;
(b) details of any right the person has, under the Act under which
the decision of the Director was made, to apply for a review of,
or to appeal, the Commission's decision.
34 Subject to other Acts
This Part is subject to any other Act.
Part 5 Miscellaneous matters
Division 1 Offences
35 Unauthorised disclosure of confidential information
(1) A person commits an offence if:
(a) the person obtains information in the course of performing
functions connected with the administration of this Act; and
(b) the information is confidential information and the person has
knowledge of that circumstance; and
(c) the person intentionally engages in conduct; and
(d) the conduct results in the disclosure of the information and the
person is reckless in relation to that result.
Maximum penalty: 200 penalty units or imprisonment for
2 years.
(2) Strict liability applies to subsection (1)(a).
Part 5 Miscellaneous matters
Division 1 Offences
Liquor Commission Act 2018 14
(3) Subsection (1) does not apply if:
(a) the person discloses the information:
(i) for the administration of this Act; or
(ii) with the consent of the person to whom the information
relates; or
(iii) for legal proceedings arising out of the operation of this
Act; or
(b) the information is otherwise available to the public.
Note for subsection (3)
In addition to the circumstances mentioned in subsection (3), a person who
discloses confidential information will not be criminally responsible for an offence
if the disclosure is justified or excused by or under a law (see section 43BE of the
Criminal Code).
36 Misleading information
(1) A person commits an offence if:
(a) the person intentionally gives information to the Commission;
and
(b) the information is misleading and the person has knowledge of
that circumstance.
Maximum penalty: 400 penalty units or imprisonment for
2 years.
(2) A person commits an offence if:
(a) the person intentionally gives a document or other evidentiary
material to the Commission; and
(b) the document or material contains misleading information and
the person has knowledge of that circumstance.
Maximum penalty: 400 penalty units or imprisonment for
2 years.
(3) Subsection (2) does not apply if the person, when giving the
document or evidential material:
(a) draws the misleading aspect of the document or material to
the Commission's attention; and
Part 5 Miscellaneous matters
Division 2 Administrative matters
Liquor Commission Act 2018 15
(b) to the extent to which the person can reasonably do so – gives
the Commission the information necessary to remedy the
misleading aspect of the document or material.
(4) In this section:
misleading information means information that is misleading in a
material particular or because of the omission of a material
particular.
Division 2 Administrative matters
37 Delegation
(1) The Commission may, in writing, delegate its powers and functions
under this Act or the Liquor Act 2019 to the following:
(a) the Chairperson or another member;
(b) the Director;
(c) a public sector employee.
(2) Subject to any limits determined by the Commission, a delegation
under subsection (1) to the Chairperson or Director may be further
delegated if the Chairperson or Director, as the case may be,
considers it appropriate.
38 Annual report
(1) The Commission must at the end of each financial year report to
the Minister on its operations during that year under each Act that
confers powers or imposes functions on it.
(2) The Commission must give the report to the Minister within
3 months after the end of the financial year.
(3) The Minister must table a copy of the report in the Legislative
Assembly within 6 sitting days after the Minister receives the report.
39 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 as a member of the Commission.
(2) In addition, the person is not civilly or criminally liable for an act
done or omitted to be done by the Commission in the exercise of a
power or performance of a function under this Act.
Part 5 Miscellaneous matters
Division 3 Regulations
Liquor Commission Act 2018 16
(3) Subsections (1) and (2) do not affect any liability the Territory or the
Commission would, apart from those subsections, have for the act
or omission.
(4) In this section:
exercise, of a power, includes the purported exercise of the power.
performance, of a function, includes the purported performance of
the function.
Division 3 Regulations
40 Regulations
The Administrator may make regulations under this Act.
ENDNOTES
Liquor Commission Act 2018 17
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Liquor Commission Act 2018 (Act No. 1, 2018)
Assent date 16 February 2018
Commenced 28 February 2018 (Gaz S14, 28 February 2018)
Liquor Act 2019 (Act No. 29, 2019)
Assent date 3 September 2019
Commenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)
Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019)
Assent date 6 November 2019
Commenced pts 2 and 3: nc; rem: 7 November 2019 (s 2)
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: ss 3, 6, 10, 16, 20, 28 and 37.
4 LIST OF AMENDMENTS
s 3 amd No. 29, 2019, s 381
s 6 amd No. 33, 2019, s 50
s 10 amd No. 33, 2019, s 50
s 16 amd No. 29, 2019, s 382
s 20 amd No. 33, 2019, s 50
pt 4 hdg sub No. 29, 2019, s 383
s 28 rep No. 29, 2019, s 383
ss 29 – 34 sub No. 29, 2019, s 383
s 37 sub No. 29, 2019, s 384