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This is a Bill, not an Act. For current law, see the Acts databases.
to revise and correct the law of the Territory
in minor respects
ii
STatute law revision ACT (No. 2) 2001
____________________
No. of 2001
____________________
TABLE OF PROVISIONS
NORTHERN TERRITORY OF AUSTRALIA
____________________
No. of 2001
____________________
AN ACT
to revise and correct the law of the Territory
in minor respects
1. Short title
This Act may be cited as the Statute Law Revision Act (No. 2) 2001.
2. Commencement
(1) Section 5 is to be taken to have come into operation on the day on which, but immediately after, the Corporations Reform (Consequential Amendments NT) Act 2001 commenced.
(2) Section 7 is to be taken to have come into operation on the day on which, but immediately before, the Financial Management Amendment Act 2001 commenced.
(3) Section 8 is to be taken to have come into operation on the day on which, but immediately before, the Firearms Amendment Act (No. 2) 2000 commenced.
(4) Section 9 is to be taken to have come into operation on the day on which, but immediately after, the Gaming Machine Amendment Act (No. 2) 2001 commenced.
(5) The remaining provisions of this Act come into operation on the day on which the Administrator's assent to this Act is declared.
3. Repeal
The Pastoral Leases (Rental) Act (No. 50 of 1991) is repealed.
4. Repeal
The State Bank of South Australia (Transfer of Undertaking) Act (No. 42 of 1994) is repealed.
5. Amendment of Co-operatives Act
Section 11 of the Co-operatives Act is amended by omitting from subsection (1)(f) "the Commission" and substituting "the Registrar".
6. Amendments of Crown Lands Freehold (Conversion from Crown Leasehold) Act
Section 8 of the Crown Lands Freehold (Conversion from Crown Leasehold) Act is amended –
(a) by omitting subsection (2)(a); and
(b) by omitting from subsection (2)(b) "Part II of".
7. Amendment of Financial Management Amendment Act 2001
Section 3 of the Financial Management Amendment Act 2001 is amended by inserting "under the terms of an investment management agreement" after "Territory" in paragraph (c) of the definition of "receipts".
8. Amendments of Firearms Amendment Act (No. 2) 2000
The Firearms Amendment Act (No. 2) 2000 is amended –
(a) by omitting from section 18(c) "500 penalty units" and substituting "50 penalty units";
(b) by omitting from section 19(c) "500 penalty units" and substituting "50 penalty units";
(c) by omitting the following from the Schedule:
(i) "Section 34(5) '$1,000' '10 penalty units' ";
(ii) "Section 61 '$10,000' '100 penalty units' ";
(iii) "Section 63(2) '$2,000' '20 penalty units' ";
(iv) "Section 65 '$2,000' '20 penalty units' ";
(v) "Section 77(1) '$2,000' '20 penalty units' ";
(vi) "Section 77(2) '$5,000' '50 penalty units' "; and
(d) by omitting from the Schedule –
"Section 90(1) '50 penalty units' '10 penalty units'
Section 90(3) '50 penalty units' '50 penalty units' ",
"Section 90(1) '$1,000' '10 penalty units'
Section 90(3) '$1,000' '10 penalty units' ".
"Penalty: 100 penalty units or imprisonment for 2 years.".
(2) Section 116 of the Gaming Machine Act is amended –
(a) by omitting from subsection (1) "recognised manufacturer and supplier" and substituting "recognised manufacturer or supplier"; and
(b) by omitting from subsection (4) "recognised manufacturers and suppliers" and substituting "recognised manufacturers or suppliers".
10. Amendments of Law Society Public Purposes Trust Act
(1) The long title of the Law Society Public Purposes Trust Act is amended by omitting "Law Society of the Northern Territory" and substituting "Law Society Northern Territory".
(2) Section 2 of the Law Society Public Purposes Trust Act is amended –
(a) by omitting "In this Act" and substituting "(1) In this Act";
(b) by omitting "Law Society of the Northern Territory" from the definition of "Law Society" and substituting "Law Society Northern Territory"; and
(c) by adding at the end the following:
"(2) In this Act and the Trust Deed, a reference to 'Law Society of the Northern Territory' is to be taken to be a reference to the Law Society Northern Territory as constituted by section 7 of the Legal Practitioners Act.".
11. Amendments of Marine Pollution Act
Section 7 of the Marine Pollution Act is amended –
(a) by omitting " 'MARPOL' " and substituting "(1) 'MARPOL' ";
(b) by omitting from paragraph (a) "1978; and" and substituting "1978;";
(c) by omitting from paragraph (b) "Convention." And substituting "Convention; and"; and
(d) by adding at the end the following:
"(c) as affected by any amendment made under article 16 of the Convention and accepted by Australia.
"(2) If an amendment is made under article 16 of the Convention and accepted by Australia, the amendment is of no effect for the purposes of this Act until the Minister gives notice of the amendment in the Gazette.".
12. Amendment of Public Notaries Act
The Public Notaries Act is amended by inserting after section 4 the following:
"4A. Mutual recognition local registration authority
"For the purposes of the Mutual Recognition Act 1992 of the Commonwealth, the Registrar is the local registration authority in respect of an applicant under that Act in so far as an application relates to an appointment as a public notary.".
13. Amendment of Wills Act
Section 5 of the Wills Act is amended by omitting subsection (3) and substituting the following:
"(3) If –
(a) a person is divorced on or after the commencement of this Act; or
(b) the person's marriage is annulled on or after the commencement of this Act,
section 15 applies to the person's will (if any) whether the will was executed before, on or after the commencement.".
14. Revision of other Acts
The Acts specified in Schedule 1 are amended as set out in that Schedule.
15. Amendment of Regulations 2001, No. 31
(1) Regulations 2001, No. 31 are amended by inserting before regulation 1 the following:
"1A. Citation
"These Regulations may be cited as the Electronic Transactions (Northern Territory) Regulations.".
(2) The Regulations amended by subsection (1) may be amended or repealed by regulation as if the amendment had been made by regulation.
16. Revision of other Regulations
(1) The Regulations specified in Schedule 2 are amended as set out in that Schedule.
(2) The Regulations amended as set out in Schedule 2 may be amended or repealed by regulation as if the amendments had been made by regulation.
SCHEDULE 1
Provision | Amendment |
 | omitsubstitute |
| Annual Leave Act
Section 4(1)(b) | "Public Service Act 1922"
"Public Service Act 1999" |
| Section 4(1)(e) | "Public Service Arbitration Act 1920""Workplace Relations Act 1996" |
| Section 4(2) | "Workmen's Compensation Act""Work Health Act" |
| Section 5(1)
– definition of "award" | "industrial agreement" | "industrial agreement, determination" |
| "Conciliation and Arbitration Act 1904 of the Commonwealth and a determination made in pursuance of the Public Service Arbitration Act 1920" | "Workplace Relations Act 1996" |
| Companies (Unclaimed Assets and Moneys) Act
Section 5 | "(1) In this Act"
"Co-operative Trading Societies Act" | "In this Act"
"Co-operatives Act" |
| Co-operatives Act
Section 134(2) | "(d) if the rules" | "(c) if the rules" |
| Section 191(2) | "(d) any matter" | "(c) any matter" |
| Section 379(1) | "(e) in the case of a merger with a participating
co-operative" | "(d) in the case of a merger with a participating
co-operative" |
| Schedule 3
– clause 40
– clause 49(2) | "(a) every document given"
"(a) a prospective" | "(b) every document given"
"(b) a prospective" |
| Energy Pipelines Act
Section 3(1) – definition of "pipeline"
Section 38A(2) | "less than 20%"
"section 191B of the Real Property Act" | ", at one or more positions, greater than 20%"
"section 35 of the Land Title Act" |
| Lands Acquisition Act
Section 5A(1)(b)(ii) | "in force uder" | "in force under" |
| Section 42B(3)(c) | "a statement indictaing"
"affected by the acquision" | "a statement indicating"
"affected by the acquisition" |
| Lands and Mining Tribunal Act
Section 31(5) | "(d) the occasion to act" | "(b) the occasion to act" |
| Section 35(2) | "(d) make a record" | "(a) make a record" |
| "(e) produce to" | "(b) produce to" |
| Legal Aid Act
Section 4(1) – definition of "Law Society" | "Law Society of the Northern Territory" | "Law Society Northern Territory as constituted by section 7 of the Legal Practitioners Act" |
| Long Service Leave Act
Section 7(1) – definition of "award" | "Conciliation and Arbitration Act 1904" | "Workplace Relations Act 1996" |
| Maintenance Act
Section 46(3) | "result of the foreiture" | "result of the forfeiture" |
| Section 86(3) | "paragaph (a)" | "paragraph (a)" |
| Motor Accidents (Compensation) Act
Section 15(1) | "disounted present values" | "discounted present values" |
| Motor Vehicles Act
Section 21 | "Traffic Act, of" | "Traffic Act or" |
| Northern Territory Rail Safety Act
Section 20 | "(4) An accredited person" | "(3) An accredited person" |
| Section 21 | "(2) The Director"
"(3) A member" | "(3) The Director"
"(4) A member" |
| Section 45 | "(4) The accredited" | "(3) The accredited" |
| Section 57 | "(h) must allow" | "(i) must allow" |
| Northern Territory Treasury Corporation Act
Section 15(2) | "(j) in such other" | "(k) in such other" |
| Section 15 | "(4) Money received" | "(3) Money received" |
| Nursing Act
Section 13 | "(3) The cost" | "(2) The cost" |
| Pay-roll Tax Act
Section 3(1) – definition of "the Commissioner" | "means the Commissioner of Taxes appointed pursuant to the Taxation (Administration) Act" | "has the same meaning as 'Commissioner' in section 4(1) of the Taxation Administration Act" |
| Section 6A | the whole section | |
| Petroleum Act
Section 57L(2)(d)(iii) | "recommednation" | "recommendation" |
| Police Administration Act
Section 4(1) – definition of "justice" | "appointed to be a justice under the Justices Act" | "who is a justice of the peace within the meaning of the Justices of the Peace Act" |
| Section 36 | "Australian Conciliation and Arbitration Commission" (wherever occurring) | "Australian Industrial Relations Commission" |
| "Conciliation and Arbitration Act 1904" | "Workplace Relations Act 1996" |
| Prostitution Regulation Act
Section 20(1)(a) | the whole paragraph | |
| Public Holidays Act
Section 4(1) – definition of "award" | "industrial agreement" | "industrial agreement, determination" |
| "Conciliation and Arbitration Act 1904 of the Commonwealth and a determination made in pursuance of the Public Service Arbitration Act 1920" | "Workplace Relations Act 1996" |
| Public Trustee Act
Section 59A | "legal titled to property" | "legal title to property" |
| Referendums Act
Section 17 | "(4) Only one scrutineer appointed by each member of the Legislative Assembly or each person authorised to appoint scrutineers for a place" | "(5) Only one scrutineer appointed by each member of the Legislative Assembly or each person authorised to appoint scrutineers for a place" |
| Taxation (Administration) Act
Section 29H(1) – paragraph (b) of the definition of "liable debit transaction" | "Bank Account Debits Tax Administration Act" | "Debits Tax Administration Act" |
| Territory Parks and Wildlife Conservation Act
Section 74A(2) | "Real Property Act" | "Land Title Act" |
| Uranium Mining (Environment Control) Act
Section 21(3) | "a referecne in" | "a reference in" |
| Water Supply and Sewerage Services Act
Section 120(15) | "Part VI of the Repealed Act" | "Part IV of the Repealed Act" |
| Work Health Act
Section 3(1) – paragraph (b) of the definition of "industrial award" | "Conciliation and Arbitration Act 1904" | "Workplace Relations Act 1996" ____________________________ |
SCHEDULE 2
Provision | Amendment |
| omitsubstitute |
| Fire and Emergency Regulations
Regulation 19 | "District Officer"
"Divisional Commander" |
| Firearms Regulations
Regulation 1B(k) | "section 188(2)(a) to (l) (inclusive)"
"section 188(2)(a) to (k) (inclusive)" |
| Regulation 11A | "museum display""instruction in firearms use and safety" |
| Legal Practitioners Regulations
Regulation 2B | "The Law Society of the Northern Territory"
"The Law Society Northern Territory" |
| Local Government (Darwin Parking Local Rates) Regulations
Regulation 2 – definition of "central business district" | "muncipality of Darwin"
"municipality of Darwin" |
| Mine Management Regulations
Regulation 153(1) | "factor of sfety"
"factor of safety" |
| Mines Safety Control (Radioactive Wastes Management) Regulations
Schedule – clause 2(2)
– clause 14 | "wich may constitute a hazard" "demonstrate comliance"
"which may constitute a hazard" "demonstrate compliance" |
| Motor Vehicles Regulations
Regulation 4 | the whole regulation |
| Schedule | the whole schedule |
| Motor Vehicles (Standards) Regulations
Regulation 4(1) – definition of "turning circle" | "to the the left"
"to the left" |
| Northern Territory Electoral Regulations
Regulation 24 | "(3) In the absence" | "(2) In the absence" |
| Poisons and Dangerous Drugs Regulations
Regulation 14(1) | "l@belled" | "labelled" |
| Regulation 15(10)(a)(ii) | "specifie`" | "specified" |
| Prostitution Regulations
Schedule 2 – Form 18 | "Escort Agency Licensing Board" | "Northern Territory Licensing Commission" |
| Registration Regulations
Schedule – item 68 of Part 1, paragraph (a) | "inspection if performed" | "inspection is performed" |
| Stock (Control of Hormonal Growth Promotants) Regulations
Regulation 7(1) | "(d) the date of the sale" | "(e) the date of the sale" |
| Taxation (Administration) Regulations
Regulation 11(1) and (2)(a) | "Federation Internationale des Bourse de Valuers" | "Federation Internationale des Bourses de Valeurs" |
| Taxis Regulations
Regulation 3(1) – definition of "determination" | "section 28" | "section 26" |
| Volunteer Bushfire Brigades Regulations
Schedule 1 – clause 13(6) | "(d) proposal of candidates" | "(f) proposal of candidates" |
| "(e) election, if any" | "(g) election, if any" |
| "(f) motions" | "(h) motions" |
| "(g) general business" | "(i) general business" |
| Work Health (Occupational Health and Safety) Regulations
Regulation 2(1) – definition of "boiler" | "first valve or value assembly" | "first valve or valve assembly" |
| – definition of "excavation" | "tunnel or shaft" | "tunnel and shaft" |
| Regulation 23(6) | "persons' application" | "person's application" |
| Regulation 46(1)(n) | "which effects the health" | "which affects the health" |
| Regulation 47(1)(a) | "workers normal duties" | "worker's normal duties" |
| Regulation 63(1)(d) | "paragraph (a)" | "paragraph (c)" |
| Regulation 68(1) | "subregulation (5)" | "subregulation (2)" |
| Regulation 68(4)(a) | "use or produced" | "used or produced" |
| Regulation 69A(a) | "safety of a worker" | "safety of the worker" |
| Regulation 88(1)(a) | "design verifier;" | "design verifier; or" |
| Regulation 105(1)(d) | "the plant; and" | "the plant;" |
| Regulation 110(1)(a) | "suspended over or travels over" | "suspended over and does not travel over" |
| Regulation 110(5)(a) | "the load in" | "the load is" |
| Regulation 115 | "Schedule 9" | "Schedule 10" |
| Regulation 118 | "(1) An owner" | "An owner" |
| Regulation 126(1)(c) | "permit to work systems"
"energising the plant" | "permit to work system"
"energising of the plant" |
| Regulation 126(2) | "excavations are to be carried out"
"the excavation is to be carried" | "an excavation is to be carried out"
"the excavation is to be carried out" |
| Regulation 160(2) | "a employer" | "an employer" |
| Regulation 161(3) | "employer of worker" | "employer of a worker" |
| Schedule 12 | "Regulation 127" | "Regulation 111" |
| Schedule 12
– the item relating to BS 2902 | "Specification Higher tensile" | "Specification for higher tensile" |
| Schedule 13
– the item relating to AS 3190 | "earth-leakage devices" | "earth-leakage devices)" ____________________________ |
On the day on which the Gaming Machine Act is amended by this Act, the heading to section 116 of that Act is altered by omitting "manufacturers and suppliers" and substituting "manufacturers or suppliers".
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