4

2008

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR RACING, GAMING AND LICENSING

LIQUOR LEGISLATION AMENDMENT BILL 2008
SERIAL NO. 134

EXPLANATORY STATEMENT

GENERAL OUTLINE

The Liquor Legislation Amendment Bill 2008 amends the Liquor Act to provide:
·	the Minister with power to establish an identification system for the sale of liquor;
·	additional licence conditions for licensees subject to the system; and
·	for criminal sanctions in regard to the system.
The Liquor Legislation Amendment Bill 2008 also amends the 
Liquor Regulations to provide for:
·	each criminal offence under the identification system to be an infringement notice offence; and
·	to identify which licences the system shall apply to.
The Liquor Legislation Amendment Bill 2008 also amends the 
Liquor Amendment Regulations 2007 (Subordinate Legislation No. 41 of 2007) to correct a minor drafting error.

NOTES ON CLAUSES
PART 1		PRELIMINARY MATTERS
Clause 1.	Short Title.
This is a formal clause which provides for the citation of the Bill.  
The Bill when passed may be cited as the Liquor Legislation Amendment Act 2008.
Clause 2.	Commencement.
Each amendment, except section 5, will commence on a date fixed by the Administrator by Gazette notice.  Section 5 is taken to have commenced at the commencement of the Liquor Amendment Regulations 2007.
PART 2		AMENDMENT OF LIQUOR ACT
Clause 3.	Act amended
This part amends the Liquor Act.
Clause 4.	New section 31A
Inserts section 31A after section 31 of the Liquor Act. 
Section 31A provides that the Minister can establish an identification system for the sale of liquor for any licence prescribed by the regulations.
The system is to include a scanner supplied to the licensee for the use of anyone authorised under a licence issued under the Liquor Act to sell liquor.  The scanner is to indicate to the authorised seller whether anyone buying liquor is prohibited from buying liquor or a particular kind or quantity of liquor.  The prohibition may be covered by any of the following:
·	a prohibition or alcohol intervention order pursuant to the 
Alcohol Court Act;
·	a bail condition under the Bail Act (excluding bail granted pursuant to Part III of the Bail Act);
·	a condition of a court order under the Domestic Violence Act or the Domestic and Family Violence Act;
·	any other provision under a law in force in the Northern Territory as prescribed by regulation.
The licensee will be subject to the following additional licence conditions:
1.	an obligation to scan a buyer’s identification before any sale of liquor.  Scan includes checking the identification is suitable and the physical acting of scanning the identification with the scanner.  Identification must be a driver’s licence, passport or other identification approved by the Director of Licensing;  
2.	an obligation to not sell liquor to any buyer who is prohibited by the system, pursuant to section 31A(2) from purchasing liquor, or in the case of prohibitions in regard to specific liquor, selling them that specific liquor;
3.	an obligation not to disclose or use any information, except as required under the Act, learnt from the system other than in compliance with this proposal;
4.	an obligation to comply with any requirements specified by the Director of Licensing in regard to maintenance of the system; 
5.	an obligation not to damage or tamper with the scanner or the hardware or software system associated with it; and
6.	any further conditions as prescribed by regulation.
Each licence condition is also an offence if breached by any authorised person attracting a maximum penalty of 20 penalty units ($2200.00).
It is a defence to a prosecution if the defendant has a reasonable excuse.  An example of a reasonable excuse would be where the system is not operating as intended.
The Director of Licensing may by Gazette notice, exempt a licence from a requirement under this section for a specified period.
PART 3	LIQUOR REGULATIONS
Clause 5.	Effect of Liquor Amendment Regulations 2007
Provides that the Liquor Amendment Regulations 2007 
(Subordinate Legislation No.41 of 2007) are taken to have amended the Liquor Regulations.

Clause 6.	Amendment of Liquor Regulations
Amends the Liquor Regulations to provide that each offence under section 31A(4) is an infringement notice offence.  
And to identify each licence to which section 31A will apply to.  
It clarifies that section 31A only applies for each licence listed in regard to the sale of liquor for consumption away from the licensed premises.