Information for tour operators, and organised tour groups, across the Northern Territory

The following information is provided to help you understand the liquor provisions of the Northern Territory National Emergency Response Act 2007.

This information is not intended to be used as legal advice. Enforcement of this Act is the responsibility of the Northern Territory Police and Courts. You must be sure that you are acting in a way that complies with the new law. This includes obtaining independent legal advice if you want.

What is the new law on liquor?

A new law has been introduced in relation to liquor in the Northern Territory, as part of the Australian Government’s emergency response to protect Aboriginal children. This law will help stem the flow of liquor that is destroying Aboriginal communities. Offences under the new law came into effect on 15 September 2007.

Where will the new law operate?

The new law applies to the following prescribed areas in the Northern Territory:

• freehold land held by a land trust under the Aboriginal Land Rights (Northern Territory) Act 1976
• other Aboriginal communities described as Northern Territory Community Living Areas
• Aboriginal living areas described as town camps; and
• other areas declared by the Minister for Families, Housing, Community Services and Indigenous Affairs.

The law also applies to all licensed premises throughout the Northern Territory in relation to the sale of takeaway liquor.

Does this new law apply to me?

Offences relating to prescribed areas

• If you consume, possess, supply or transport liquor in a prescribed area, you could face a fine of up to $1,100 for a first offence or up to $2,200 for a second or subsequent offence.
• If you are found with 1350 mls or more of pure alcohol in a prescribed area, you could be charged with supplying liquor and may face a fine of up to $74,800 or up to 18 months imprisonment.
• You could also be fined $550 if you damage or remove a sign advising people they are entering a prescribed area.
• You will not be subject to these offences if you are travelling through a prescribed area to a destination outside this area, and have unopened liquor with you. You must not consume this liquor or supply it to anyone whilst travelling through the prescribed area.
  
  

Are national parks affected by the new law?

A full list of the Northern Territory national parks indicating whether they fall in or outside the prescribed areas, can be downloaded from:

www.facsia.gov.au/nter/legis_areas.htm

The following national parks fall within the prescribed areas and are covered by the new law:

• the eastern half of Kakadu National Park. This includes East Alligator and Jim Jim Ranger Stations and the Headquarters area. (The South Alligator, Mary River Ranger Stations and Jabiru are excluded);
• Uluru Kata-Tjuta National Park;
• Nitmiluk National Park.

The Minister for Families, Housing, Community Services and Indigenous Affairs has declared the following campgrounds and viewing areas within these national parks exempt from the new law.
This means that the offences will no longer apply to anyone visiting these places:

• Garnamarr, Gunlom, Mardugal, Merl and Muirella campgrounds in Kakadu National Park;
• the coach and car sunset viewing areas of Uluru - Kata Tjuta National Park; and
• Leliyn campground in Nitmiluk National Park.

You will not commit an offence if you are travelling with unopened liquor across a prescribed area to or from these exempted areas where the consumption of liquor is now allowed.

Are there any special defences under the new law

There are three defences against prosecution under the new law. It is your responsibility to prove you meet the conditions of these defences. The following information will help you decide whether these defences apply in your particular circumstances.

Tourism defence

A special defence is available for people who are part of an organised tour and are engaged in recreational activities being provided by a tour company. This defence only applies to Northern
Territory national parks in prescribed areas, and Endyalgout Island on the western side of the
Cobourg Peninsula.

To use this defence, the recreational activities must be consistent with the park’s management plan or similar document. You should check with your tour operator whether your recreational activities meet with this condition.

The defence requires you to be consuming liquor responsibly, and for this to be secondary to the organised recreational activity.

The defence does not cover free and independent travellers. The defence is not intended to provide open season for anyone to take liquor into or drink liquor in areas where it is banned.

Recreational Boating/Commercial fishing defence

The new law also provides for a defence where a person is engaged in recreational boating or commercial fishing activities in a prescribed area.

To use this defence your boat must be on water, (such as a river or estuary or on inter-tidal waters
between the low and high water mark). Nothing in this defence allows you to bring liquor across
a prescribed area to get to the water. This means the boat must enter the water from outside the
prescribed area, either from the sea or from non-Aboriginal land. You cannot claim this defence if
you are on a river bank or beach.

Transportation defence

As mentioned earlier, the new law provides a defence for transporting liquor across a prescribed area, as long as you can prove that your final destination is outside the prescribed area. Under this defence the liquor must be in your control and must not be consumed whilst travelling in the prescribed area. This means the liquor must not be opened. It may be difficult for you to claim this defence if you have a half drunk bottle of wine even though the cap has been screwed back on or the wine was drunk outside the prescribed area.