Commonwealth Consolidated Acts

NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT 2007 - SECT 3

                   In this Act:

"assessable matters" has the meaning given by section 93.

"Associations Act" means the Associations Act of the Northern Territory.

Note:          The reference to the Associations Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

"authorised officer" means the Secretary or a person appointed by the Secretary under section 116.

"bail authority" means a court or person authorised to grant bail under a law of the Northern Territory.

business management area means:

                     (a)  an area of land that is covered by a lease granted under paragraph 31(1)(b); or

                     (b)  an area of land referred to, in a clause, in Parts 1 to 3 of Schedule 1 to this Act; or

                     (c)  an area of land or a place in the Northern Territory that is specified in Schedule 2 to this Act; or

                     (d)  an area of land or a place that:

                              (i)  is, or is situated wholly within, the Northern Territory; and

                             (ii)  is declared by the Minister, by legislative instrument, to be a business management area.

"civil penalty provision" means a subsection, or a section that is not divided into subsections, that has set out at its foot the words "civil penalty" and one or more amounts in penalty units.

"Commonwealth interest" in land means all rights, titles and interests in the land that are vested in the Commonwealth under section 47.

"Commonwealth Minister" , in relation to a provision of this Act, means the Minister administering the provision.

"community services entity" means any of the following:

                     (a)  a community government council within the meaning of the Local Government Act;

                     (b)  an incorporated association within the meaning of the Associations Act;

                     (c)  an Aboriginal and Torres Strait Islander corporation within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 ;

                     (d)  any other person or entity:

                              (i)  that performs functions or provides services in a business management area; and

                             (ii)  that is specified by the Minister (whether by reference to a class of person or entity or otherwise), by legislative instrument, for the purposes of this paragraph.

"community store" has the meaning given by section 92.

"community store licence" means a licence to operate a community store.

"criminal behaviour" includes:

                     (a)  any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and

                     (b)  any fault element relating to such a physical element.

"Crown Lands Act" means the Crown Lands Act of the Northern Territory.

Note:          The reference to the Crown Lands 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.

"disallowance period" for regulations means the period:

                     (a)  beginning on the earliest day on which the regulations are laid before a House of the Parliament in accordance with section 38 of the Legislative Instruments Act 2003 ; and

                     (b)  ending on the day on which 15 sitting days of each House of the Parliament have passed since the regulations were laid before the particular House of the Parliament.

"funding agreement" means an agreement or arrangement, in writing, between the Commonwealth and a community services entity under which the entity is provided with funding to provide services in a business management area (whether or not the agreement or arrangement also makes provision in relation to other matters).

"income management regime" means the legislative scheme to manage certain payments established under the Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007 , and related measures.

"Liquor Act" means the Liquor Act of the Northern Territory.

Note:          The reference to the Liquor 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.

Liquor Regulations means the Liquor Regulations of the Northern Territory.

Note:          The reference to the Liquor Regulations of the Northern Territory is to be construed as a reference to those Regulations as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

"Local Government Act" means the Local Government Act of the Northern Territory.

Note:          The reference to the Local Government 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.

"local government authority" means:

                     (a)  a body established for the purposes of local government by or under a law of the Northern Territory; or

                     (b)  a Land Council (within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976 ).

"native title rights and interests" has the same meaning as in the Native Title Act 1993 .

"Northern Territory Minister" means:

                     (a)  in Division 1, and Subdivision B of Division 2, of Part 4--the Minister administering the Crown Lands Act; and

                     (b)  in Subdivision A of Division 2 of Part 4--the Minister administering the Special Purposes Leases Act; and

                     (c)  in Division 4 of Part 5--the Minister administering the Local Government Act.

"operator" , in relation to a community store, means the person who is responsible for the overall management and administration of the store.

"penalty unit" , in relation to a civil penalty provision, has the same meaning as in section 4AA of the Crimes Act 1914 .

"Police Administration Act" means the Police Administration Act of the Northern Territory.

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.

"prescribed areas" has the meaning given by section 4.

"publicly funded computer" means a computer:

                     (a)  in respect of which any or all of the following apply:

                              (i)  the computer is owned or leased by an individual who, or a body (whether or not incorporated) that, receives funding from the Commonwealth, a State, a Territory or a local government authority;

                             (ii)  the computer is on loan from a body (whether or not incorporated) that receives funding from the Commonwealth, a State, a Territory or a local government authority;

                            (iii)  the computer is owned or leased by an individual who, or a body (whether or not incorporated) that, receives money directly or indirectly from the Commonwealth under an arrangement for the delivery of services, or programs, related to employment; and

                     (b)  that is located in a prescribed area in the Northern Territory, and that is ordinarily so located.

"relevant owner" of land means the following:

                     (a)  for Aboriginal land (within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 )--the Land Trust that holds the estate in fee simple in the land;

                     (b)  for land granted under subsection 46(1A) of the Lands Acquisition Act of the Northern Territory--the person or body that holds the estate in fee simple in the land;

                     (c)  for Canteen Creek (as described in Part 3 of Schedule 1 to this Act)--the Northern Territory;

                     (d)  for Nauiyu (Daly River) (as described in Part 3 of Schedule 1 to this Act)--the Catholic Church of the Diocese of Darwin Property Trust;

                     (e)  for land in which, at the time section 31 commences, a lease is held by the Aputula Social Club Incorporated, The Aputula Social Club Incorporated, the Aputula Housing Association Incorporated, The Aputula Housing Association Incorporated or the Daguragu Community Government Council--the Northern Territory;

                      (f)  for land in which, at the time section 31 commences, an estate in fee simple is held by the Aputula Social Club Incorporated, The Aputula Social Club Incorporated, the Aputula Housing Association Incorporated, The Aputula Housing Association Incorporated, the Daguragu Community Government Council or the Pine Creek Aboriginal Advancement Association Inc.--the person or body that holds the estate in fee simple in the land.

"responsible person" for a publicly funded computer means:

                     (a)  if the computer is in the custody and control of a body (whether or not incorporated)--the head (however described) of the body; and

                     (b)  otherwise--the individual in whose custody and control the computer is.

"Special Purposes Leases Act" means the Special Purposes Leases Act of the Northern Territory.

Note:          The reference to the Special Purposes Leases 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.

"Telecommunications Minister" means the Minister who administers the Telecommunications Act 1997 .

"working day" means a day that is not:

                     (a)  a Saturday or a Sunday; or

                     (b)  a public holiday in the Northern Territory.