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This is a Bill, not an Act. For current law, see the Acts databases.

JUSTICE LEGISLATION AMENDMENT BILL (NO. 3) 2007

Serial 126
Justice Legislation Amendment Bill (No. 3) 2007
Mr Stirling







A Bill for an Act to amend various Acts administered by the Minister for Justice and Attorney-General
















NORTHERN TERRITORY OF AUSTRALIA

JUSTICE LEGISLATION AMENDMENT ACT (NO. 3) 2007

____________________

Act No. [ ] of 2007

____________________


TABLE OF PROVISIONS










NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2007

____________________

An Act to amend various Acts administered by the Minister for Justice and Attorney-General

[Assented to [ ] 2007]

[Second reading [ ] 2007]

The Legislative Assembly of the Northern Territory enacts as follows:

Part 1 Preliminary matters
Short title

This Act may be cited as the Justice Legislation Amendment Act (No. 3) 2007.

Commencement

This Act commences on the date fixed by the Administrator by Gazette notice.

Part 2 Amendment of Bail Act
Act amended

This Part amends the Bail Act.

Amendment of section 3 (Interpretation)

(1) Section 3(1), definition bail condition

omit

or 27A

(2) Section 3(3)(e)

omit

; or

substitute

;

(3) Section 3(3)(f)

omit

Amendment of section 23 (Power of Supreme Court to grant bail)

(1) Section 23

omit

The

substitute

(1) The

(2) After section 23(1)

insert

(2) If a person is arrested by a police officer under a warrant issued by the Supreme Court, a Judge may grant bail to the person by telephone or another form of electronic communication the Judge considers appropriate.

Part 3 Amendment of Criminal Code
Act amended

This Part amends the Criminal Code.

New section 351A

After section 351

insert

351A Details of jury panel to be given to accused

(1) Subject to subsection (3), a person who is to be tried on indictment (the accused) must be given a list of the persons on the jury panel for the trial containing:

(a) the full name of each person; and

(b) if requested by the accused – a description of each person.

(2) The list must be given to the accused at least 2 days before the accused is called on to plead to the indictment.

(3) The court may, if it considers it appropriate, refuse to give the list to the accused.

Repeal of section 434

Section 434

repeal

Part 4 Amendment of Juries Act
Act amended

This Part amends the Juries Act.

Repeal and substitution of section 11

Section 11

repeal, substitute

11 Exempt persons

(1) A person specified in Schedule 7 is exempt from serving as a juror.

(2) A person who is over the age of 65 may exempt himself or herself from serving as a juror on a permanent basis by giving written notice to the Sheriff.

(3) The name of a person exempt from serving as a juror under subsection (1) or (2) must not be included on a jury list.

Amendment of Schedule 7

Schedule 7

omit

a person over the age of 65 years.

Part 5 Amendment of Law of Property Act
Act amended

This Part amends the Law of Property Act.

Repeal and substitution of section 161

Section 161

repeal, substitute

161 Conditions of easements

The enjoyment of the rights conferred by an easement or easement in gross is subject to:

(a) the rights being exercised in a way that is reasonable and appropriate to the purpose for which the easement is created; and

(b) any conditions specified in the instrument of the easement.

Part 6 Amendment of Powers of Attorney Act
Act amended

This Part amends the Powers of Attorney Act.

New section 6A

After section 6

insert

6A Recognition of powers under interstate laws

(1) This section applies to a power regardless of when it is executed.

(2) Subsection (3) applies if:

(a) the power is executed under the law of a State or another Territory (the interstate general power); and

(b) under the law, the interstate general power is revoked if the donor of the power subsequently becomes legally incapable.

(3) The interstate general power is taken to be a general power created under this Act to the extent that the powers it gives could validly have been given by a general power created under this Act.

(4) Subsection (5) applies if:

(a) the power is executed under the law of a State or another Territory (the interstate enduring power); and

(b) under the law, the interstate enduring power is not revoked if the donor of the power subsequently becomes legally incapable.

(5) The interstate enduring power is taken to be an enduring power created under this Act to the extent that the powers it gives could validly have been given by an enduring power created under this Act.

(6) In this section:

general power means a power to which section 16 applies.

Amendment of section 7 (Registration)

Section 7(1A)

omit, substitute

(1A) An instrument creating or revoking a power, including an enduring power, executed in a State or another Territory under the law of the State or Territory may be registered regardless of when it is executed.


 

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