2005

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

Antisocial Behaviour (Miscellaneous Amendments) Bill 2005
SERIAL NO.  34

EXPLANATORY STATEMENT

GENERAL OUTLINE

The Bill amends the Liquor Act, Housing Act and Residential Tenancies Act to facilitate a reduction in antisocial behaviour by establishing a new form of restricted or alcohol free premises, introducing acceptable behaviour agreements in relation to public housing tenants and allowing a party other than a landlord to seek a termination of a tenancy because of antisocial behaviour by a tenant.

The Bill also contains amendments to other laws consequential on the enactment of the Alcohol Court Bill.

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 Antisocial Behaviour (Miscellaneous Amendments) Act 2005.

Clause 2	Commencement

The Act will commence on a date, or dates, fixed by the Administrator by notice in the Gazette.

PART 2 – AMENDMENT OF LIQUOR ACT

Clause 3.	Principal Act amended

Part 2 of the Bill amends the Liquor Act.

Clause 4	Amendment of section 4 (Interpretation)

Inserts new definitions into the Liquor Act for restricted premises and other terms.

Clause 5	Amendment of section 31 (Conditions of licence)

Amends section 31 of the Liquor Act so that it is condition of all liquor licenses that a licensee comply with notices, issued by the Director of Licensing in relation to prohibition orders made under the Alcohol Act, that are given to the licensee.

Clause 6	New Part VIIIA

Inserts a new Part VIIIA into the Liquor Act concerning restricted premises.

The Licensing Commission may declare that private premises are restricted premises.  This means that it would be an offence to consume or possess liquor at those premises.

Private premises include homes, schools, hospitals and other premises that are occupied and owned privately but are open to and used by the public.

An application for a declaration can be made by an owner or an occupier of the premises, or their representative, or in the case of private premises that are open to or used by the public, a person within the definition of interested person. 

Interested person is defined as a person residing in or conducting business n the neighbourhood of the premises, a community based organisation whose activities are connected with neighbourhood, or a police officer.

After the Commission receives an application it must consult with the occupiers and owners of the premises, and the Commissioner of Police.  In the case of an application made by an interested person, it must also consult with that person or organisation, before deciding whether to make a declaration.

The Commission may make a declaration, in the case of an application from an interested person, if it is satisfied that the declaration is in the public interest.  In the case of an application by an owner or occupier it must make a decision that reflects the wishes of the majority of lawful occupiers.  In addition in all applications the Commission must also be satisfied that the declaration would be practicable in all the circumstances.

If the Commission makes a declaration it must arrange for a notice to be placed at restricted premises that includes information that it is an offence to consume alcohol at the premises, or bring alcohol into the premises.  It is an offence to remove, deface or interfere with a sign.

A declaration takes effect from the time the notice is displayed at the premises, and it lapses when there is a transfer of ownership, or the lease over the premises comes to an end.

The Commission may revoke a declaration or part of a declaration either on the application of the person who applied for the declaration, or at its discretion.

It is an offence for a person to bring alcohol onto restricted premises, have alcohol in their possession on the premises, and to consume alcohol at the premises.  The penalty for the offence is forfeiture of the alcohol seized by police at the time of the commission of the offence.  In addition the offence may be enforced by a complaint or infringement notice.

The offence does not apply to alcohol taken to premises, or kept at premises, belonging to a church and used to celebrate a religious service.  Nor does it apply to a person who is passing through a restricted premises, open to or used by the public, who is in possession of unopened liquor and intends to consume it elsewhere.  

The clause also provides for a new power for police to enter restricted premises without a warrant where they believe an offence is being committed, to search the premises and people at the premises for alcohol, and seize both opened and unopened containers of alcohol.

Police must serve a contravention or infringement notice on people who appear to have committed an offence and from whom unopened containers of liquor has been seized.  A person served with either notice may apply to the court for the offence to be dealt with by the court.  This process allows a person served with a notice to have a court determine whether an offence was committed by them and whether the seized liquor will be forfeited.

Clause 7	Repeal and substitution of section 122

Repeals the existing section 122 in the Liquor Act and replaces it with a new provision in relation to notices to licensees of prohibition orders made by the Alcohol Court. 

The Director of Licensing must give a copy of a prohibition order made by the Alcohol Court to all relevant licensees.  The Director is not obliged to give a copy of the order to all licensees.  The Alcohol Court may also give some direction to the Director regarding licensees who should be given a copy of a particular order.

Clause 8	Amendment of section 128 (Regulations)

Inserts new provisions allowing for regulations to be made in relation to penalties under the new Part VIIIA of the Liquor Act.

Clause 9	Amendment of Part XII heading

This is a standard amendment in connection with inserting the new Part XIII into the Liquor Act.

Clause 10	New Part XIII

Inserts a new Part XIII into the Liquor Act that contains transitional matters, including transitional provisions for prohibition orders made under section 122 of the Liquor Act, or applications commenced but not completed under section 122 of the Liquor Act.

PART 3 – AMENDMENT OF HOUSING ACT

Clause 11	Principal Act amended

Part 3 of the Bill amends the Housing Act.

Clause 12	Amendment of section 5 (Definitions)

Inserts new definitions into the Housing Act for ‘acceptable behaviour agreement’ and ‘antisocial behaviour’.

Clause 13	New section 18A

Inserts a provision into the Housing Act to give the Chief Executive Officer (Housing), otherwise known as Territory Housing, the power to require a tenant to enter into an acceptable behaviour agreement.  An acceptable behaviour agreement is a written promise by the tenant not to engage in antisocial behaviour at the house.  The request must be made by giving the tenant a notice that describes the behaviour, and the terms of the proposed agreement.  The tenant has a period of not less than 28 days to enter into the agreement.

A tenant can only be required to enter into a agreement if the Chief Executive Officer (Housing) believes that the tenant, or another lawful occupier of the leased premises, is likely to engage in antisocial behaviour.  That opinion must be based on the history of the tenant’s current lease, or any previous NT public housing lease.

Acceptable behaviour agreements will operate in relation to the behaviour of other people occupying the premises.  If a person occupying the premises with the consent of the tenant breaches the terms of an agreement then the tenant is taken to have breached the agreement, subject to the provisions in clause 17.

Clause 14	Amendment of section 37 (Regulations)

Inserts a regulation making power into the Act for acceptable behaviour agreements.

PART 4 – AMENDMENT OF RESIDENTIAL TENANCIES ACT

Clause 15	Principal Act amended

Part 4 of the Act amends the Residential Tenancies Act.

Clause 16	Amendment of section 4 (Definitions)

Inserts a definition for ‘acceptable behaviour agreement’ into the Residential Tenancies Act.

Clause 17	Repeal and substitution of section 100

Inserts a new provision to enable the Local Court to terminate a tenancy under the Housing Act because a tenant has failed or refused to enter into an acceptable behaviour agreement as required by a notice given to the tenant, or a tenant has seriously or repeatedly breached the terms of the an acceptable behaviour agreement.

The Court has a discretion not to terminate a tenancy for failing to comply with an acceptable behaviour agreement where agreement was breached by a person other than the tenant, the tenant took all reasonable actions to prevent the breach by the other person, and the court is satisfied that the tenant has taken all reasonable actions to prevent the breach.

For example a tenant may have taken action with respect to the antisocial behaviour of the other occupant by calling the police for assistance when the breach occurred, or making an application that their home be declared restricted premises under the new provisions in the Liquor Act.

The clause also amends section 100 of the Residential Tenancies Act.  Section 100 allows the court to terminate any public or private residential tenancy agreement when the tenant has used the premises for an illegal purpose, repeatedly caused or permitted a nuisance on or from the premises, or repeatedly caused or permitted an interference with the reasonable peace and privacy of a neighbour.

The amendment will allow a person, other than the landlord, who can demonstrate to the court that they have been adversely affected by the unacceptable behaviour of the tenant, to make an application under section 100 to the court for an order terminating the tenancy agreement.

PART 5 – AMENDMENT OF OTHER LAWS 

Division 1 – Amendment of Prisons (Correctional Services) Act

Clause 18	Principal Act amended

Part 5 of the Act amends the Prisons (Correctional Services) Act.

Clause 19	Amendment of Part XXVIA heading

The clause amends the heading of Part XXVIA of the Prisons (Correctional Services) Act to indicate that the Part also applies to the Alcohol Court.

Clause 20	New Part XXVIA, Division 4

Inserts a new Division 4 into this Part of the Act.  The provisions of Part XXVIA will apply to alcohol intervention orders made under the Alcohol Court Act.  Surveillance officers who are probation officers may carry out the functions under this Part in relation to offenders subject to an alcohol intervention order, including entering and searching premises where an offender resides, and requiring an offender to undergo tests to determine whether they are in breach of the order.  Extends the protection from liability contained in section 94D for surveillance officers to the Director of Correctional Services, a probation officer and a person assisting the Director or a probations when carrying out a function or exercising a power connected to alcohol intervention orders made under the Alcohol Court Act.

Division 2– Amendment of Sentencing Act

Clause 21	Principal Act amended

This Division amends the Sentencing Act.

Clause 22	Amendment of section 3 (Interpretation)

Inserts a definition for Alcohol Court into the Sentencing Act.

Clause 23	Amendment of section 4 (Application)

Clarifies that when the Alcohol Court applies the provisions of the Sentencing Act to proceedings in the Alcohol Court, and there is an inconsistency between the provisions in the Sentencing Act, and the provisions in the Alcohol Court Act, the Alcohol Court Act prevails to the extent of the inconsistency.

Division 3 – Further Amendments

Clause 24	Amendment of Evidence Act

Inserts Alcohol Court into the definition of Territory Court in the Evidence Act.  The provisions of the Evidence Act will apply where relevant to the Alcohol Court.

Clause 25	Amendment of Records of Depositions Act

Amends the Records of Depositions Act so it applies to the Alcohol Court.

Clause 26	Amendment of Court Security Regulations

Amends the Court Security Regulations so it applies to the Alcohol Court.

PART 6 – EXPIRY OF ACT

Clause 27	Expiry

The Antisocial Behaviour (Miscellaneous Amendments) Act 2005 expires on the day after it commences.