CTHRepealedAct
Northern Territory National Emergency Response Act 2007
18Application of Police Administration Act
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#### 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reference to the Police Administration Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.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.