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Stronger Futures in the Northern Territory Bill 2012

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7221 REVISED

2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Stronger Futures in the Northern Territory Bill 2012

 

 

(1)     Clause 3, page 3 (lines 1 and 2), omit “(which are particular areas of the Northern Territory that are prescribed by the rules (see section 27))”, substitute “(see section 27)”.

[alcohol protected areas]

(2)     Clause 3, page 3 (line 12), omit “Aboriginal people”, substitute “the community”.

[licensed premises]

(3)     Clause 3, page 4 (line 14), omit “7 years”, substitute “3 years”.

[review after 3 years]

(4)     Clause 3, page 4 (line 15), omit “10 years”, substitute “5 years”.

[sunsetting after 5 years]

(5)     Clause 5, page 5 (lines 4 and 5), omit the definition of alcohol protected area , substitute:

alcohol protected area : see subsections 27(1) and (2).

[alcohol protected areas]

(6)     Clause 6, page 8 (lines 6 to 8), omit “(which are particular areas of the Northern Territory that are prescribed by the rules (see section 27))”, substitute “(see section 27)”.

[alcohol protected areas]

(7)     Clause 6, page 8 (line 26), omit “Aboriginal people”, substitute “the community”.

[licensed premises]

(8)     Clause 8, page 11 (lines 9 and 10), omit the penalty, substitute:

Maximum penalty:

                     (c)  10 penalty units for a first offence; or

                     (d)  20 penalty units for a second or subsequent offence.

[penalties]

(9)     Clause 8, page 12 (lines 28 and 29), omit the penalty, substitute:

Maximum penalty:

                     (c)  10 penalty units for a first offence; or

                     (d)  20 penalty units for a second or subsequent offence.

[penalties]

(10)   Clause 15, page 22 (line 7), omit “Aboriginal people”, substitute “the community”.

[licensed premises]

(11)   Clause 17, page 24 (line 26), at the end of subclause (1), add “before the end of the period of 30 days starting on the day the application is made”.

[alcohol management plans]

(12)   Clause 17, page 24 (line 27), omit “Note”, substitute “Note 1”.

[alcohol management plans]

(13)   Clause 17, page 24 (after line 28), at the end of subclause (1), add:

Note 2:       The 30 day period is extended by the number of days in any submission period that applies under section 18 in relation to the application: see subsection 18(5).

[alcohol management plans]

(14)   Clause 18, page 26 (after line 16), at the end of the clause, add:

             (5)  The period of 30 days referred to in subsection 17(1) is extended in relation to the application by the number of days in the submission period.

[alcohol management plans]

(15)   Clause 27, page 31 (line 2) to page 33 (line 19), omit the clause, substitute:

27  Areas that are alcohol protected areas

Areas that are alcohol protected areas

             (1)  An area in the Northern Territory is an alcohol protected area if, immediately before the commencement of this section:

                     (a)  the area was a prescribed area under section 4 of the repealed Northern Territory National Emergency Response Act 2007 ; and

                     (b)  there was not a determination in force in relation to the area under paragraph 19(1)(b) of that Act.

Ceasing to be an alcohol protected area

             (2)  However, an area in the Northern Territory ceases to be an alcohol protected area when the earliest of the following events occurs:

                     (a)  the Minister approves an alcohol management plan under subsection 17(1) that covers the area (whether or not the plan also covers other areas);

                     (b)  the area is prescribed by the rules for the purposes of this paragraph;

                     (c)  the period of 3 years starting on the commencement of this section ends and the area is not prescribed by the rules for the purposes of this paragraph.

             (3)  A rule may only be made for the purposes of paragraph (2)(c) if the Minister is satisfied that a majority of the people ordinarily resident in the area to which the rule relates support the making of the rule.

             (4)  The Minister must make a rule revoking a rule made for the purposes of paragraph (2)(c) in relation to an area if the Minister is no longer satisfied as mentioned in subsection (3) in relation to the area.

When rules may be made

             (5)  A rule may be made for the purposes of paragraph (2)(b) or (c), or subsection (4):

                     (a)  on the Minister’s own initiative; or

                     (b)  following a request made to the Minister by, or on behalf of, a person who is ordinarily resident in the area to which the rule relates; or

                     (c)  following approval of an alcohol management plan relating to the area under subsection 17(1).

Community consultation

             (6)  Before making a rule for the purposes of paragraph (2)(b) or (c), or subsection (4), in relation to an area, the Minister must ensure that:

                     (a)  information setting out:

                              (i)  the proposal to make the rule; and

                             (ii)  an explanation, in summary form, of the consequences of the making of the rule;

                            has been made available in the area; and

                     (b)  people living in the area have been given a reasonable opportunity to make submissions to the Minister about:

                              (i)  the proposal to make the rule; and

                             (ii)  the consequences of the making of the rule; and

                            (iii)  their circumstances, concerns and views, so far as they relate to the proposal.

             (7)  Subsection (6) does not apply if the rule is proposed to be made following the approval of an alcohol management plan.

Criteria for making rules

             (8)  In making a rule for the purposes of paragraph (2)(b) or (c), or subsection (4), in relation to an area, the Minister must have regard to the following matters:

                     (a)  the object of this Part (see section 7);

                     (b)  the wellbeing of people living in the area;

                     (c)  whether there is reason to believe that people living in the area have been the victims of alcohol-related harm;

                     (d)  the extent to which people living in the area have expressed their concerns about being at risk of alcohol-related harm;

                     (e)  the extent to which people living in the area have expressed the view that their wellbeing will be improved if this Part applies in relation to the area;

                      (f)  whether there is an alcohol management plan that covers the area or part of the area (whether or not the plan is approved under Division 6);

                     (g)  any submissions of the kind referred to in paragraph (6)(b);

                     (h)  any other matter that the Minister considers relevant.

Effect of area ceasing to be an alcohol protected area

             (9)  If an area ceases to be an alcohol protected area under subsection (2), then:

                     (a)  the area can never again become an alcohol protected area after that cessation; and

                     (b)  this Part continues to apply in relation to that area, after that cessation, in relation to things done, or omitted to be done, before that cessation.

[alcohol protected areas]

(16)   Clause 111, page 95 (line 6), omit “7 years”, substitute “3 years”.

[review after 3 years]

(17)   Clause 111, page 95 (line 8), omit “10 years”, substitute “5 years”.

[sunsetting after 5 years]

(18)   Clause 117, page 97 (line 27), omit “7 years”, substitute “3 years”.

[review after 3 years]

(19)   Clause 117, page 98 (line 3), omit “8 years”, substitute “4 years”.

[review after 3 years]

(20)   Clause 118, page 98 (line 9), omit “10 years”, substitute “5 years”.

[sunsetting after 5 years]