Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 106BA
insert
(1) A person must not deal with a form of identification if the person knows the form of identification:
(a) is fictitious or is false in a material particular; and
(b) will be used to misrepresent the age of a person for a purpose contrary to this Act.
(2) A person who has not attained the age of 18 years must not represent to an Agency or statutory body that he or she has attained the age of 18 years in order to obtain a form of identification if the person intends:
(a) to use the form of identification for himself or herself for a purpose contrary to this Act; or
(b) to give it to another person for a purpose contrary to this Act.
(3) In this section:
"deal with", a form of identification, means assemble, compose, create, make or manufacture a document that could reasonably be taken to be a form of identification of a person.
"purpose contrary to this Act" includes a person who has not attained the age of 18 years entering or remaining on licensed premises in respect of which the person is not entitled to enter or remain.
(1) A person (the specified person ) must not give a genuine form of identification of the specified person to someone else, if the specified person knows or has reasonable grounds to suspect the form of identification may be used for either of the following:
(a) to misrepresent the age of another person for a purpose contrary to this Act;
(b) to obtain another genuine form of identification with the intention of using the other form of identification to misrepresent the age of a person for a purpose contrary to this Act.
(2) A person must not deface or interfere with a genuine form of identification of the person or another person with the intention that the form of identification, as defaced or interfered with, will be used to misrepresent the age of a person for a purpose contrary to this Act.
(3) In this section:
"purpose contrary to this Act" includes a person who has not attained the age of 18 years entering or remaining on licensed premises in respect of which the person is not entitled to enter or remain.
(1) A person must seize a form of identification if:
(a) the form of identification is produced to the person for the purpose of someone else (the entrant ) entering or remaining on licensed premises in respect of which the entrant would not otherwise be entitled to enter or remain; and
(b) the person believes, on reasonable grounds, the form of identification is relevant to a contravention of section 106BA, 106BB or 106BC whether the form of identification is either:
(i) a genuine form of identification about someone else other than the entrant; or
(ii) a document that is not a genuine form of identification.
(2) The person does not commit an offence under subsection (1) if the person is not aware of the contravention of section 106BA, 106BB or 106BC involving the production of the form of identification.
(3) As soon as practicable after seizing a form of identification, the person must tell the entrant that the form of identification is seized and must be given to the Director no later than 72 hours after the time of seizure.
(4) If a person seizes a form of identification under subsection (1), the person must give it to the Director as soon as is reasonably practicable and no later than 72 hours after the time of seizure.
(5) A failure to comply with subsection (3) or (4) does not affect the validity of the seizure.
(6) As soon as the Director is given a form of identification seized under this section, the Director must:
(a) consider if it is relevant to a contravention of section 106BA, 106BB or 106BC; and
(b) if the Director does not consider it is relevant – take all reasonable steps to return it to the person to whom it relates.