18Application of Police Administration Act

18 Application of Police Administration Act

(1) The Commonwealth Minister may, by legislative instrument, declare that Division 4 of Part VII of the Police Administration Act applies to a specified prescribed area or a specified part of a prescribed area as if the area or part were a public place.

Note: The reference to the Police Administration Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

(2) The Commonwealth Minister must not make a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area unless a request is made to the Commonwealth Minister to do so by, or on behalf of, a person who is ordinarily resident in the prescribed area or in the part of the prescribed area. Community consultation (3) Before making a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area, the Commonwealth Minister must ensure that: (a) information setting out: (i) the proposal to make the declaration; and (ii) an explanation, in summary form, of the consequences of the making of the declaration; has been made available in the prescribed area or the part of the prescribed area; and (b) people in the prescribed area or the part of the prescribed area have been given a reasonable opportunity to discuss: (i) the proposal to make the declaration; and (ii) the consequences of the making of the declaration; and (iii) their circumstances, concerns and views, so far as they relate to the proposal; with employees of the Commonwealth or such other persons as the Commonwealth Minister thinks appropriate. (4) A failure to comply with subsection (3) does not affect the validity of a declaration under subsection (1). Criteria for making a declaration (5) In making a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area, the Commonwealth Minister must have regard to the following matters: (a) the well‑being of people living in the prescribed area or the part of the prescribed area; (b) whether there is reason to believe that people living in the prescribed area or the part of the prescribed area have been the victims of alcohol‑related harm during a period the Commonwealth Minister considers appropriate; (c) the extent to which people living in the prescribed area or the part of the prescribed area have, during a period the Commonwealth Minister considers appropriate, expressed their concerns about being at risk of alcohol‑related harm; (d) the extent to which people living in the prescribed area or the part of the prescribed area have, during a period the Commonwealth Minister considers appropriate, expressed the view that their well‑being will be improved if Division 4 of Part VII of the Police Administration Act applies in relation to the prescribed area or the part of the prescribed area in accordance with this section; (e) whether there is an alcohol management plan in relation to a community or communities in the prescribed area or the part of the prescribed area; (f) any discussions of the kind referred to in paragraph (3)(b); (g) any other matter that the Commonwealth Minister considers relevant.