Document ID: chunk:federal_register_of_legislation:C2010A00093:clause:3_18:p1
Version: federal_register_of_legislation:C2010A00093
Segment Type: clause
Provision Reference: sch 3 cl 18 (pt 1/2)
Character Range: 48990–51698

18  Application of Police Administration Act
 (1) The Commonwealth Minister may, by legislative instrument, declare that Division 4 of Part VII of the Police Administration Act applies to a specified prescribed area or a specified part of a prescribed area as if the area or part were a public place.
Note: The reference to the Police Administration Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.
 (2) The Commonwealth Minister must not make a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area unless a request is made to the Commonwealth Minister to do so by, or on behalf of, a person who is ordinarily resident in the prescribed area or in the part of the prescribed area.

Community consultation
 (3) Before making a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area, the Commonwealth Minister must ensure that:
 (a) information setting out:
 (i) the proposal to make the declaration; and
 (ii) an explanation, in summary form, of the consequences of the making of the declaration;
  has been made available in the prescribed area or the part of the prescribed area; and
 (b) people in the prescribed area or the part of the prescribed area have been given a reasonable opportunity to discuss:
 (i) the proposal to make the declaration; and
 (ii) the consequences of the making of the declaration; and
 (iii) their circumstances, concerns and views, so far as they relate to the proposal;
  with employees of the Commonwealth or such other persons as the Commonwealth Minister thinks appropriate.
 (4) A failure to comply with subsection (3) does not affect the validity of a declaration under subsection (1).

Criteria for making a declaration
 (5) In making a declaration under subsection (1) in relation to a prescribed area or a part of a prescribed area, the Commonwealth Minister must have regard to the following matters:
 (a) the well‑being of people living in the prescribed area or the part of the prescribed area;
 (b) whether there is reason to believe that people living in the prescribed area or the part of the prescribed area have been the victims of alcohol‑related harm during a period the Commonwealth Minister considers appropriate;
 (c) the extent to which people living in the prescribed area or the part of the prescribed area have, during a period the Commonwealth Minister considers appropriate, expressed their concerns about being at risk of alcohol‑related harm;
 (d) the extent to which people living in the prescribed area