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This is a Bill, not an Act. For current law, see the Acts databases.
JUSTICE AND OTHER LEGISLATION AMENDMENT BILL 2009
Serial 34
Justice
and Other Legislation Amendment Bill 2009
Ms
Lawrie
A Bill for an Act to amend various
Acts administered by the Minister for Justice and Attorney-General and to amend
the Police Administration Amendment Act 2007
NORTHERN TERRITORY OF
AUSTRALIA
JUSTICE AND OTHER LEGISLATION
AMENDMENT ACT 2009
____________________
Act No. [ ] of
2009
____________________
TABLE OF PROVISIONS
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2009
____________________
An Act to amend various Acts
administered by the Minister for Justice and Attorney-General and to amend
the Police Administration Amendment Act 2007
[Assented to [ ]
2009]
[Second reading [ ]
2009]
The Legislative Assembly of the Northern
Territory enacts as follows:
Part 1 Preliminary
matters
Short title
This Act may be cited as the Justice and Other
Legislation Amendment Act 2009.
This Act commences on the date fixed by the
Administrator by Gazette notice.
Part 2 Amendment of Construction Contracts
(Security of Payments)
Act
Act amended
This Part amends the Construction Contracts
(Security of Payments) Act.
Amendment of section 27 (Who can apply for
adjudication)
Section 27(a)
omit
section
substitute
sections 31(6A) and
Amendment of section 31 (Disqualification of
adjudicator on grounds of conflict of interest)
Section 31(6)
omit, substitute
(6) If a notice (a disqualification
notice) is given by or to an appointed adjudicator under
subsection (2) or (5), the adjudicator's appointment ends 5 working
days after the date of the disqualification notice unless, before the end of
that period, each party gives the adjudicator written authority to continue as
the appointed adjudicator.
(6A) If the appointment of an appointed adjudicator
ends under subsection (6):
(a) the applicant may make a further application for
adjudication under section 28; and
(b) in calculating the period within which the
application may be made, the period from the date on which the previous
application was served under section 28(1)(c) to the date on which the
appointment ends is not counted.
(6B) However if, as calculated under
subsection (6A)(b), the applicant does not have at least 14 days to
make the further application, the further application may be made within
14 days after the date on which the appointment ends.
Part 3 Amendment of Legal Profession
Act
Act amended
This Part amends the Legal Profession
Act.
Amendment of section 11 (Suitability
matters)
After section 11(1)(g)
insert
(ga) whether the person has been found to have
engaged in academic dishonesty (including, for example,
plagiarism);
Part 4 Amendment of Police Administration
Amendment Act 2007
Act amended
This Part amends the Police Administration
Amendment Act 2007.
Part 4
repeal
Part 5 Amendment of Prisons (Correctional
Services) Act
Act amended
This Part amends the Prisons (Correctional
Services) Act.
New Part XVII, Division 3
After section 65K, in Part XVII
insert
Division
3 Leave of absence to give evidence at foreign proceeding or assistance in
foreign investigation
65L Director may
authorise release and grant leave
(1) This section applies if, under section 26 or 27
of the Mutual Assistance in Criminal Matters Act 1987 (Cth), the
Commonwealth Attorney-General makes arrangements for a prisoner to travel to a
foreign country to:
(a) give evidence at a proceeding relating to a
criminal matter; or
(b) give assistance in relation to an investigation
relating to a criminal matter.
(2) The Director may, in writing, authorise the
release of the prisoner from prison and grant leave of absence to the
prisoner:
(a) for the purpose of travelling to the foreign
country to give evidence at the proceeding or assistance in relation to the
investigation; and
(b) on any other conditions the Director thinks
fit.
65M Variation or
revocation of leave
The Director may, at any time, vary or revoke any
leave of absence granted under section 65L(2).
During a prisoner's absence from prison under a
leave of absence granted under section 65L(2):
(a) the prisoner is taken to be in lawful custody;
and
(b) the term of the prisoner's sentence of
imprisonment continues to run.
Part 6 Amendment of Public Trustee
Act
Act amended
This Part amends the Public Trustee
Act.
Amendment of section 14 (Accounts of Public
Trustee)
Section 14(3)
omit
all the words after "Dividend"
substitute
Account:
(a) any fees received under section 24A;
and
(b) any levies received under section
28.
Part 7 Amendment of Summary Offences
Act
Act amended
This Part amends the Summary Offences
Act.
Amendment of section 68A (False reports to
police)
Section 68A(1), penalty provision
omit, substitute
Maximum penalty: $11 000 or imprisonment for 2
years.
Part 8 Expiry of
Act
Expiry
This Act expires on the day after it
commences.
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