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

STATUTE LAW REVISION BILL 2005

Serial 24
Statute Law Revision Bill 2005
Dr Toyne







A BILL
for

AN ACT
to revise and correct the law of the Territory in minor respects














NORTHERN TERRITORY OF AUSTRALIA

STATUTE LAW REVISION ACT 2005

____________________

Act No. [ ] of 2005

____________________


TABLE OF PROVISIONS

   Section





NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2005

____________________

AN ACT

[Assented to 2005]

[Second reading 2005]

The Legislative Assembly of the Northern Territory enacts as follows:

part 1 – preliminary MATTERS

Short title

This Act may be cited as the Statute Law Revision Act 2005.

Commencement

(1) Section 31 is taken to have come into operation on the day on which, but immediately after, the Wills Act 2000 commenced.

(2) The remaining provisions of this Act come into operation on the day on which the Administrator's assent to this Act is declared.

PART 2 – amendment OF CRIMINAL CODE

Principal Act amended

This Part amends the Criminal Code.

Repeal and substitution of section 43Z

Section 43Z –

repeal, substitute

43Z. When supervision orders are made

The court must make a supervision order under this Division in respect of a person if –

(a) the court declares under section 43I(2)(a) or 43X(2)(a) or (3) that the person is liable to supervision; or

(b) the Court of Criminal Appeal remits a matter to the court under section 412A(3) for the making of a supervision order in respect of the person.

Amendment of section 43ZN (Matters court must take into account when making order)

Section 43ZN(2)(b) –

omit

were given

substitute

was given

Amendment of section 186A (Definitions)

(1) Section 186A, definitions of "authorised professional" and "medical practitioner" –

omit

(2) Section 186A –

insert (in alphabetical order)

"authorised professional" means –

(a) a health practitioner who has a right of practice under the Health Practitioners Act in the category of health care practice of –

(i) Aboriginal health work; or

(ii) midwifery; or

(iii) nursing; or

(b) in relation to an operation performed in a place outside the Territory – a person who is entitled to practise nursing or midwifery under a law of that place;

"medical practitioner", in relation to an operation performed in a place outside the Territory, includes a person who is entitled to practise medicine under a law of that place.

Amendment of section 412 (Powers of Court in special cases)

Section 412(3) –

omit

New section 412A

After section 412 –

insert

412A. Powers of Court in relation to mental impairment

(1) This section applies if, on an appeal against a finding of guilt or the sentence passed on such a finding, it appears to the Court that the person found guilty should have been found not guilty because of mental impairment under section 43C.

(2) The Court must quash the finding of guilt and –

(a) declare that the person is liable to supervision under Part IIA, Division 5; or

(b) order that the person be released unconditionally.

(3) If the Court makes a declaration under subsection (2)(a), the Court must remit the matter to the Supreme Court for the making of a supervision order under Part IIA, Division 5 in respect of the person.

part 3 – AMENDMENT of local government act

Principal Act amended

This Part amends the Local Government Act.

Amendment of section 19B (Special meetings)

Section 19B(1) –

omit, substitute

(1) A special meeting of a council may be convened by a direction to summon a special meeting given to the CEO by any of the following:

(a) the presiding member;

(b) 3 or more members;

(c) the council by resolution.

Amendment of section 92 (Council may sue for rates and charges)

Section 92(2) –

omit, substitute

(2) In addition to the unpaid rate or charge, the council may recover from the person the following:

(a) court costs;

(b) solicitor costs;

(c) costs of enforcing the judgment for the recovery of the rate or charge;

(d) other out-of-pocket expenses and charges incurred in tracing the person.

Further amendments

Schedule 1 has effect.

part 4 – AMENDMENT of poisons and dangerous drugs act

Principal Act amended

This Part amends the Poisons and Dangerous Drugs Act.

Amendment of section 6 (Interpretation)

(1) Section 6(1), definitions of "dentist", "nurse" and "pharmacist" –

omit

(2) Section 6(1) –

insert (in alphabetical order)

"dentist" means a dentist or dental specialist who has a right of practice under the Health Practitioners Act;

"nurse" means a registered or enrolled nurse who has a right of practice under the Health Practitioners Act;

"pharmacist" means a pharmacist who has a right of practice under the Health Practitioners Act;

Amendment of section 16 (Powers of nominated person)

Section 16(b) –

omit, substitute

(b) supply a poison specified in the certificate of registration to a person who is authorised under this Act to supply or administer that poison to another person or an animal.

Amendment of section 22 (Powers of nominated person)

Section 22(b), after "another person" –

insert

or an animal

Amendment of section 29 (Supply of substances for therapeutic use)

(1) Section 29(2), after "Schedule" –

insert

1, 2, 3, 4, 5, 6, 7 or

(2) Section 29(4) –

omit

Subject to section 31, a

substitute

A

(3) Section 29(4A) –

omit

within the meaning of

substitute

who has a right of practice under

(4) Section 29(4B) –

omit

all the words from "A person" to "Schedule 4"

substitute

A dental therapist who has a right of practice under the Health Practitioners Act may possess and supply a Schedule 2, 3 or 4

(5) Section 29(4C) –

omit

all the words from "A person" to "worker who"

substitute

An Aboriginal health worker who has a right of practice under the Health Practitioners Act and

Amendment of section 38A (Definitions for Part VII)

Section 38A, definition of "nurse" –

omit, substitute

"nurse" includes a midwife who has a right of practice under the Health Practitioners Act.

Amendment of section 53 (Possession and use of Schedule 7 substances)

(1) Section 53(2) –

omit

an agricultural, horticultural or pastoral purpose, or for any other purpose

substitute

a purpose

(2) Section 53(3) (both occurrences) –

omit, substitute

(3) The Chief Health Officer may impose on an authorisation to possess and use a Schedule 7 substance the conditions he or she thinks fit.

(4) In this section –

"Schedule 7 substance" does not include a Schedule 7 substance that is a chemical product within the meaning of the Agricultural and Veterinary Chemicals (Control of Use) Act.

Amendment of section 65 (Possession, use etc. prohibited or subject to conditions)

Section 65(1), before "hazardous substance" (all references) –

insert

poison or

Amendment of section 86 (Compliance with order to withdraw poison or hazardous substance)

Section 86, before "hazardous substance" –

insert

poison or

part 5 – AMENDMENT of laws consequent ON enactment of health practitioners act

Amendment of laws

(1) This section amends the laws specified in Schedule 2.

(2) Schedule 2 has effect.

part 6 – aMENDMENT of laws consequent ON enactment of veterinarians act

Amendment of laws

(1) This section amends the laws specified in Schedule 3.

(2) Schedule 3 has effect.

part 7 – AMENDMENT OF other laws

Amendment of Consumer Affairs and Fair Trading Amendment
Act 2002

(1) This section amends the Consumer Affairs and Fair Trading Amendment Act 2002.

(2) Section 59(b) and (c) –

omit

Amendment of Energy Pipelines Act

(1) This section amends the Energy Pipelines Act.

(2) Section 59 –

repeal, substitute

59. Pipeline is not a fixture

A pipeline is not a fixture of the land –

(a) to which it is attached; or

(b) through, under, on, across or above which it is constructed.

Amendment of Food Act

(1) This section amends the Food Act.

(2) Section 98(5)(b) (second occurrence) –

renumber as paragraph (c)

(3) Section 98(5)(c) –

renumber as paragraph (d)

(4) Section 111(8)(b) (second occurrence) –

renumber as paragraph (c)

(5) Section 111(8)(c) –

renumber as paragraph (d)

(6) Section 130(4) –

omit

who is

substitute

who is or has been

Amendment of Nitmiluk (Katherine Gorge) National Park Act

(1) This section amends the Nitmiluk (Katherine Gorge) National Park Act.

(2) Section 3(1) –

insert (in alphabetical order)

"Director of Parks and Wildlife" means the Director within the meaning of the Parks and Wildlife Commission Act;

(3) Section 10(1)(b) and (ba) –

omit

Director of the Commission

substitute

Director of Parks and Wildlife

(4) Section 10(1), at the end –

insert

Note for subsection (1) –

The National Parks and Wildlife Conservation Act 1975 (Cth) was repealed by the Environmental Reform (Consequential Provisions) Act 1999 (Cth). However, the Board for the Kakadu National Park continues in existence under Schedule 4, item 6(1)(c) to the Environmental Reform (Consequential Provisions) Act 1999 (Cth).

(5) Section 25(10) –

omit

Director of the Commission

substitute

Director of Parks and Wildlife

Amendment of Special Purposes Leases Act

(1) This section amends the Special Purposes Leases Act.

(2) Section 5C(4) –

omit, substitute

(4) Subsection (4A) applies if –

(a) applications are invited for the right to the lease; or

(b) a person has entered into an agreement with the Minister for the grant of a lease under section 5B or has offered to accept a lease under that section and has paid rent or other moneys to the Territory for the land to which the offer relates.

(4A) The successful applicant or person referred to in subsection (4)(b) may –

(a) on or before the date of the grant of the lease, pay to the Territory the whole of the amount payable for the improvements; or

(b) subject to the terms and conditions the Minister thinks fit, pay to the Territory that amount (together with the prescribed interest on that amount) by the instalments the Minister determines; or

(c) on or before the date of the grant of the lease, pay to the Territory part of that amount, and execute in favour of the Territory a mortgage of the land included in the lease, in the form the Minister thinks fit, to secure the payment of the balance of the purchase money and the interest provided for in the mortgage.

(3) Section 10A(2)(a) and (b) –

omit

reappraisement

substitute

re-appraisement

(4) Section 10A(2)(b) –

omit

reappraised

substitute

re-appraised

Amendment of Taxation (Administration) Act

(1) This section amends the Taxation (Administration) Act.

(2) Section 4(1), definition of "insurance" –

omit, substitute

"insurance" means an undertaking of liability to make good, or indemnify against, loss or damage (including liability to pay damages or compensation), or insuring the payment of money, contingent upon the happening of a specified event, and
includes –

(a) the accepting of a premium in consideration of the granting, issuing or renewal of a policy of insurance; and

(b) the granting of a cover note or receiving of a letter or declaration of interest attaching to a policy of insurance; and

(c) the carrying out, by means of insurance effected outside the Territory, of a contract or undertaking in the Territory to effect that insurance,

but does not include –

(d) re-insurance effected with another insurer; or

(e) the insurance of the hull of a floating vessel that is being used primarily for commercial purposes; or

(f) the insurance of goods or merchandise or the freight of goods or merchandise, carried by sea, land or air;

Amendment of Therapeutic Goods and Cosmetics Act

(1) This section amends the Therapeutic Goods and Cosmetics Act.

(2) Section 4(1), definitions of "dentist", "nurse", "pharmacist" and "veterinary surgeon" –

omit

(3) Section 4(1) –

insert (in alphabetical order)

"dentist" means a dentist or dental specialist who has a right of practice under the Health Practitioners Act;

"nurse" means a registered nurse who has a right of practice under the Health Practitioners Act;

"pharmacist" means a pharmacist who has a right of practice under the Health Practitioners Act;

"veterinarian" means a registered veterinarian within the meaning of the Veterinarians Act;

(4) Section 4(1), definition of "wholesale dealing", paragraph (a) –

omit

or the Pharmacy Act

(5) Section 5(a), (b), (c) and (d) –

omit, substitute

(a) the Health Practitioners Act; and

(b) the Poisons and Dangerous Drugs Act; and

(c) the Public Health Act,

(6) Sections 37(4)(a) and 48(2) –

omit

veterinary surgeons

substitute

veterinarians

(7) Section 48(2) –

omit

veterinary surgeon

substitute

veterinarian

(8) Section 51 –

repeal, substitute

51. Offences generally

(1) Subsection (2) applies to a person who contravenes –

(a) a provision of this Act or the Regulations; or

(b) a notice under this Act within the period specified in the notice.

(2) If a penalty is not otherwise provided by this Act or the Regulations, the person is punishable on being found guilty by a fine of $1 000 or imprisonment for 6 months.

Amendment of Wills Act

(1) This section amends the Wills Act.

(2) Section 40(1) –

omit

testator if the testator

substitute

first-mentioned issue if the first-mentioned issue

Amendment of Dangerous Goods Regulations

(1) This section amends the Dangerous Goods Regulations.

(2) Regulation 214(3) –

omit

a Fire District within the meaning of the Fire Service Act

substitute

an emergency response area within the meaning of the Fire and Emergency Act

(3) Regulations 220A and 221 –

repeal, substitute

221. Variation of regulation requirements

(1) The Competent Authority may, by notice in writing to the occupier of the land on which dangerous goods are stored or to the owner of dangerous goods –

(a) exempt the person from complying with these Regulations; or

(b) modify or vary these Regulations in the manner and in accordance with any conditions specified in the notice.

(2) The Competent Authority must not issue a notice under subregulation (1) unless satisfied –

(a) it is not practicable for the person to comply with these Regulations; and

(b) the exemption from, modification or variation of these Regulations will not adversely affect the safety, health or welfare of persons handling the dangerous goods.

(3) The Competent Authority may issue a notice under
subregulation (1) on its own initiative or on application made by the person.

(4) A person who handles dangerous goods in accordance with a notice under subregulation (1) is taken to have complied with these Regulations.

(5) If an occupier of land on which dangerous goods are or an owner of dangerous goods considers that compliance with a provision of these Regulations is not reasonably practicable and a modification, variation or exemption of the provision would not adversely affect the safety, health or welfare of persons handling the goods, the person may apply to the Competent Authority for a modification, variation or exemption of the provision in accordance with this regulation.

Amendment of other laws

(1) This section amends the laws specified in Schedule 4.

(2) Schedule 4 has effect.

____________________________

schedule 1

Section 12

FURTHER AMENDMENTS OF LOCAL GOVERNMENT ACT

Provision
Amendment

omit
substitute
Section 3

– definition of "residential unit"

section 77(6)

sections 77(6)
Section 19H
prescribed as confidential
prescribed by regulation as confidential
Section 49(2)
subclause (1)
subsection (1)
Section 58(1)
a municipal council shall rate all land within its municipality
a council must rate all land within its council area
Section 58(3)
municipal council
council

municipality
council area
Section 59
municipal council
council
Sections 59(b) and 62(1)
municipality
council area
Sections 62(2) and (3), 64(1), 65(1), 66, 67(1), 68(2) and (3) and 69(1)
municipal council
council
Section 69(1)(a), (1)(a)(i) and (ii) and (b), (2) and (3)(a)
municipality
(all references)
council area
Sections 71, 72(a) and 73(1)
municipal council
council
Section 73(2)
municipality
council area
Sections 74(1) and 75(1)
municipal council
council
Section 75(1)
municipality
council area


Section 75(2)(b)
all land within its municipality
all rateable land within its council area
Section 76(1)
municipal council
council
Section 79
municipality
council area
Sections 81(1), 82(1) and (5), 83, 84 and 85
municipal council
council
Section 88
municipal council's
council's
Section 89(1)
municipal council
council
Section 89(1)(a)
municipality
council area
Sections 90(1), 91(1), 92(1), 94(1), 95(1) and 131(1)(a) and (b)
municipal council
council
Section 149(1)(g)
19J(3)
19K(3)
Section 162(2)
allows, and published as prescribed.
allows.

____________________________

SCHEDULE 2

Section 22

amendment of laws consequent on enactment of health practitioners act

part 1 – amendment of acts

Provision
Amendment

omit
substitute
Adult Guardianship Act

Section 21(2)
person registered pursuant to the Dental Act
person who has a right of practice under the Health Practitioners Act in the category of health care practice of dentistry
Section 21(3)
medical practitioner or person registered pursuant to the Dental Act
person
Births, Deaths and Marriages Registration Act

Section 4

– definition of "doctor"

the whole definition

"doctor" means a medical practitioner;
Section 37(3)(a)
Registrar, within the meaning of the Medical Act
Registrar of the Medical Board of the Northern Territory, established under the Health Practitioners Act
Section 37(3)(b)
Chairman of the Board, within the meaning of the Pharmacy Act
Registrar of the Pharmacy Board of the Northern Territory, established under the Health Practitioners Act


Cemeteries Act

Section 4

– definition of "legally qualified medical practitioner"

the whole definition

"legally qualified medical practitioner" means –

(a) a medical practitioner; or

(b) a medical practitioner who has a right of practice under a law of a State or another Territory;
Education Act

Section 25(3)
the whole subsection
(3) In this section –

"medical practitioner" includes a medical practitioner who has a right of practice under a law of a State or another Territory.
Section 67(3)
, nurse, dentist or dental therapist
or a health practitioner who has a right of practice under the Health Practitioners Act in the category of health care practice of nursing or dentistry
Section 72
, nurse, dentist, dental specialist or dental therapist within the meaning of the Dental Act
or a health practitioner who has a right of practice under the Health Practitioners Act in the category of health care practice of nursing or dentistry


Evidence Act

Section 56F(b)
registered nurse within the meaning of the Nursing Act
registered nurse who has a right of practice under the Health Practitioners Act
Firearms Act

Section 101(1)
A medical practitioner, nurse, professional counsellor, psychologist, psychiatrist or social worker
A health practitioner within the meaning of the Health Practitioners Act or a professional counsellor or social worker
Section 101(2)
Where a medical practitioner, nurse, professional counsellor, psychologist, psychiatrist or social worker
If a person
Human Tissue Transplant Act

Section 4(1)

– definition of "medical practitioner"

the whole definition
Section 16(2)(a)(iii)
the whole subparagraph
(iii) to a registered or enrolled nurse within the meaning of the Health Practitioners Act; or
Interpretation Act

Section 34B
is entitled to practise medicine by, under or for the purposes of the Medical Act
has a right of practice under the Health Practitioners Act


Juries Act

Schedule 7
a practising dentist or dental specialist registered under the Dental Act
a dentist or dental specialist who has a right of practice under the Health Practitioners Act
Liquor Act

Section 5(1)(b)
legally qualified medical practitioner or pharmaceutical chemist registered in accordance with the laws of the Territory
medical practitioner or pharmacist who has a right of practice under the Health Practitioners Act
Marine Act

Section 7(1)

– definition of "medical practitioner"

the whole definition

Meat Industries Act

Section 58(2)(b)(i)
registered nurse within the meaning of the Nursing Act
registered nurse who has a right of practice under the Health Practitioners Act
Medical Services Act

Section 5

– definition of "dentist"




– definition of "private nurse"

the whole definition




a nurse within the meaning of the Nursing Act

"dentist" means a dentist or dental specialist who has a right of practice under the Health Practitioners Act;

a registered or enrolled nurse who has a right of practice under the Health Practitioners Act


Mental Health and Related Services Act

Section 4

– definition of "Aboriginal health worker"

the whole definition

"Aboriginal health worker" means an Aboriginal health worker who has a right of practice under the Health Practitioners Act;
– definition of "psychologist"



– definition of "registered nurse"
the whole definition




the whole definition
"psychologist" means a psychologist who has a right of practice under the Health Practitioners Act;

"registered nurse" means a registered nurse who has a right of practice under the Health Practitioners Act;
Section 23(3)(a)
occupational therapist
occupational therapist who has a right of practice under the Health Practitioners Act
Section 51(2)(e)
the whole paragraph
(e) an occupational therapist who has a right of practice under the Health Practitioners Act; or
Section 66(8)
unprofessional conduct for the purposes of section 38(1) of the Medical Act
professional misconduct for section 56(1)(e) of the Health Practitioners Act


Misuse of Drugs Act

Section 3(1)

– definition of "dentist"




– definitions of "optometrist" and "pharmacist"

the whole definition




the whole definition

"dentist" means a dentist or dental specialist who has a right of practice under the Health Practitioners Act;

"optometrist" means an optometrist who has a right of practice under the Health Practitioners Act;

"pharmacist" means a pharmacist who has a right of practice under the Health Practitioners Act;
Motor Vehicles Act

Section 11(1)(a)
the whole paragraph
(a) "registered person" means a medical practitioner or an occupational therapist, optometrist or physiotherapist who has a right of practice under the Health Practitioners Act; and
Parole of Prisoners Act

Section 3B(1)(d)
the whole paragraph
(d) a medical practitioner or a psychologist who has a right of practice under the Health Practitioners Act;
Police Administration Act

Section 83(1)(a)
the whole paragraph
(a) health practitioners who have a right to practice under the Health Practitioners Act; or
Section 83(2)
medical practitioner, dentist
health practitioner
Section 88(2)
medical practitioners, dentists within the meaning of the Dental Act or persons registered under the Health Practitioners and Allied Professionals Registration Act
health practitioners who have a right to practice under the Health Practitioners Act
Section 88(3)
medical practitioner, dentist or other person registered
health practitioner
Section 91(2)
medical practitioners, dentists within the meaning of the Dental Act or persons registered under the Health Practitioners and Allied Professionals Registration Act
health practitioners who have a right to practice under the Health Practitioners Act
Section 91(3)
medical practitioner, dentist or other person registered as
health practitioner


Section 132(1)

– definition of "health practitioner"

the whole definition

"health practitioner" means a person who –

(a) is a medical practitioner, registered or enrolled nurse or Aboriginal health worker who has a right of practice under the Health Practitioners Act; and

(b) is available to attend to a person held in custody;
Section 145(14)
the whole subsection
(14) In this section –

"registered dentist" means a dentist or dental specialist who has a right of practice under the Health Practitioners Act.
Prisons (Correctional Services) Act

Section 95A(4)
registered under the Nursing Act
a registered nurse who has a right of practice under the Health Practitioners Act
Private Hospitals and Nursing Homes Act

Section 4

– definition of "matron"

the whole definition

"matron" means a registered nurse who –

(a) has a right of practice under the Health Practitioners Act; and

(b) is in charge of nursing services in a nursing institution;
Section 20(d)
the whole paragraph
(d) ensure a registered nurse who has a right of practice under the Health Practitioners Act is on duty at all times;
Section 26(1)(j)(i)
this Act, the Medical Act, the Nursing Act or the Pharmacy Act
this Act or the Health Practitioners Act or an Act repealed by that Act
Public Health Act

Sections 5(1)(b) and 6(1)
Medical Act
Health Practitioners Act
Public Sector Employment and Management Act

Section 3(1)

– definition of "medical practitioner"

the whole definition

"medical practitioner" includes a medical practitioner who has a right of practice under a law of a State or another Territory;
Radiographers Act

Section 4(4)
Medical Act
Health Practitioners Act
Work Health Act

Section 49(1)

– definition of "medical, surgical and rehabilitation treatment", paragraphs (a)(i) and (ii) and (f)

registered

who has a right of practice


– definition of "medical practitioner"
the whole definition
"medical practitioner" includes a medical practitioner who has a right of practice under a law of a State or another Territory;
– definition of "nursing service"
registered nurse
registered nurse who has a right of practice under the Health Practitioners Act
Section 73(e)
registered or enrolled nurse
registered or enrolled nurse who has a right of practice under the Health Practitioners Act



part 2 – amendment of regulations

Provision
Amendment

omit
substitute
Associations Regulations

Schedule 1

– Note, paragraphs (b) to (g)

the whole paragraph

(b) the Health Practitioners Act;

(c) the Licensed Surveyors Act;

(d) the Radiographers Act.
Classification of Publications, Films and Computer Games Regulations

Regulation 7
the business of a pharmacist conducted by a registered pharmacist within the meaning of the Pharmacy Act
a pharmacy business within the meaning of Schedule 8, clause 1 of the Health Practitioners Act
Health and Community Services Complaints Regulations

Schedule 1
Aboriginal Health Workers Registration Board

Chiropractors and Osteopaths Registration Board

Dental Board of the Northern Territory

Medical Board of the Northern Territory
Aboriginal Health Workers Board of the Northern Territory

Chiropractors and Osteopaths Board of the Northern Territory

Dental Board of the Northern Territory

Medical Board of the Northern Territory



Nursing Board of the Northern Territory

Occupational Therapists Registration Board


Optometrists Board


Pharmacy Board


Physiotherapists Registration Board

Psychologists Registration Board
Nursing and Midwifery Board of the Northern Territory

Occupational Therapists Board of the Northern Territory

Optometrists Board of the Northern Territory

Pharmacy Board of the Northern Territory

Physiotherapists Board of the Northern Territory

Psychologists Board of the Northern Territory
Schedule 2

– Part 1, item 9(c)

the whole paragraph

(c) a dental hygienist, dental therapist or dental prosthetist who has a right of practice under the Health Practitioners Act.
Northern Territory Rail Safety Regulations

Regulation 31

– definition of "registered nurse"

the whole definition

"registered nurse" means a registered nurse who has a right of practice under the Health Practitioners Act;
Poisons and Dangerous Drugs Regulations

Regulation 11(1)(c)
registered
who has a right of practice


Prisons (Correctional Services) (Home Detention Orders) Regulations

Regulation 4(1)(c)(ii) and (2)(b)
dentist or dental specialist registered, or an Aboriginal health worker entitled to practise dentistry, under the Dental Act
dentist, dental specialist or Aboriginal health worker who has a right of practice under the Health Practitioners Act
Public Health (Cervical Cytology Register) Regulations

Regulation 2

– definition of "health practitioner"

the whole definition

"health practitioner" means a medical practitioner, registered or enrolled nurse or Aboriginal health worker who has a right of practice under the Health Practitioners Act;
Public Health (Medical and Dental Inspection of School Children) Regulations

Regulation 2

– definitions of "dental therapist" and "dentist"

the whole definition

"dental therapist" means a dental therapist who has a right of practice under the Health Practitioners Act;

"dentist" means a dentist or dental specialist who has a right of practice under the Health Practitioners Act;




"nurse" means a registered or enrolled nurse who has a right of practice under the Health Practitioners Act;
Veterinarian Regulations

Regulation 7(1)(a)
the whole paragraph
(a) the treatment of an animal by a person who has a right of practice under the Health Practitioners Act in the category of health care practice of medicine, dentistry, chiropractic or physiotherapy if –


(i) a registered veterinarian has examined the animal before the treatment is undertaken; and

(ii) the treatment is carried out under the direct supervision of the veterinarian;



____________________________

schedule 3

Section 23

amendment of laws consequent on enactment of VETERINARIANS act

part 1 – amendment of acts

Provision
Amendment

omit
substitute
Misuse of Drugs Act

Section 3(1)

– definition of "veterinary surgeon"

the whole definition

"veterinarian" means a registered veterinarian within the meaning of the Veterinarians Act;
Sections 15, 16(a)(i), 17 and 42(1)(a)

veterinary surgeon
veterinarian
Stock Diseases Act

Section 7(2)
veterinary surgeon
veterinarian

part 2 – amendment of SUBORDINATE LEGISLATION

Provision
Amendment

omit
substitute
Alice Springs (Animal Control) By-laws

By-law 4(1)

– definition of "approved certificate",
paragraph (a)

– definition of "veterinary surgeon"

veterinary surgeon



the whole definition

veterinarian



"veterinarian" means a registered veterinarian within the meaning of the Veterinarians Act.
By-laws 13(3), 26(2)(d) and 47(2)
veterinary surgeon
veterinarian
Borroloola Community Government Council (Control of Dogs)
By-laws

By-law 3(1)

– definition of "veterinary surgeon"

the whole definition

"veterinarian" means a registered veterinarian within the meaning of the Veterinarians Act.
By-laws 20(3)(c), 32(4), 40(1)(a) and (3) and 41(a)
veterinary surgeon
veterinarian
Darwin City Council By-laws

By-law 53(1)

– definition of "veterinary surgeon"

the whole definition

"veterinarian" means a registered veterinarian within the meaning of the Veterinarians Act.


By-laws 63(4)(c), 74(4), 79(1)(a) and (3) and 80(2)(a)
veterinary surgeon
veterinarian
Fisheries Regulations

Regulation 27(b)(iii)
a veterinary surgeon
a veterinarian, however described,
Greyhound Racing Rules

Rule 3

– definition of "official"

– definition of "veterinary surgeon"

veterinary surgeon

the whole definition

veterinarian

"veterinarian" means a registered veterinarian within the meaning of the Veterinarians Act;
Rules 44(3) and 47(3)
veterinary surgeon
veterinarian
Part X, heading
VETERINARY SURGEONS
VETERINARIANS
Rules 93(1) and (2), 94(1) and (2) and 95
veterinary surgeon
(all references)
veterinarian
Rule 129(1)(b)
veterinary surgeon's
veterinarian's
Rules 129(1)(b), 149(1), 150(a) and (b), 191(2) and (3), 197(1) and (2), 201, 202, 206(2) and 209(1)(a) and (b), (2) and (3)(a)
veterinary surgeon
(all references)
veterinarian
Rule 210(3)
veterinary surgeon's
veterinarian's
Rules 210(3), 211(1) and 219(2)(a), (f), (g) and (h)
veterinary surgeon
(all references)
veterinarian


Jabiru Town Development (Control of Animals) By-laws

By-law 2

– definition of "veterinary surgeon"

the whole definition

"veterinarian" means a registered veterinarian within the meaning of the Veterinarians Act.
By-law 5(1)(b)(i)
veterinary surgeon
veterinarian
Jabiru Town Development (Control of Dogs) By-laws

By-law 3(1)

– definition of "veterinary surgeon"

the whole definition

"veterinarian" means a registered veterinarian within the meaning of the Veterinarians Act.
By-laws 16(3)(e), 38(1)(b) and (4)(b) and 39
veterinary surgeon
veterinarian
Schedule 1

– Form 4

veterinary surgeon

veterinarian
Mataranka Community Government Council (Control of Dogs)
By-laws

By-law 3(1)

– definition of "veterinary surgeon"

the whole definition

"veterinarian" means a registered veterinarian within the meaning of the Veterinarians Act.
By-laws 20(3)(c), 32(4), 40(1)(a) and (3) and 41(a)
veterinary surgeon
veterinarian


Pine Creek (Control of Dogs) By-laws

By-law 3(1)

– definition of "veterinary surgeon"

the whole definition

"veterinarian" means a registered veterinarian within the meaning of the Veterinarians Act.
By-laws 20(3)(c), 32(4), 40(1)(a) and (3) and 41(a)
veterinary surgeon
veterinarian
Tennant Creek (Control of Dogs) By-laws

By-law 3(1)

– definition of "veterinary surgeon"

the whole definition

"veterinarian" means a registered veterinarian within the meaning of the Veterinarians Act.
By-laws 21(3)(e), 42(1), (3) and (5)(b) and 43(a)
veterinary surgeon
(all references)
veterinarian
Schedule

– Form 4

Veterinary surgeon

Veterinarian

____________________________

schedule 4

Section 33

AMENDMENT OF OTHER LAWS

PART 1 – AMENDMENT OF OTHER ACTS

Provision
Amendment

omit
substitute
Animal Welfare Act

Section 4

– definition of "vehicle",
paragraph (c)

the whole paragraph

(c) an aircraft; and
Architects Act

Section 19A(2)(a) and (b)
architectual
architectural
Associations Act

Section 6(3)(c)(viii)
the Aboriginal and Torres Strait Islander Commission
the Office of Indigenous Policy Coordination
Section 30(6)

– definition of "insolvent under administration",
paragraph (c)

deed of arrangement

personal insolvency agreement
Section 65(1)(b)
subsection (3)
subsection (4)
Section 65(4)(a)
to the effect that the association is carrying out its objects or is in operation
showing cause to the contrary
Child Protection (Offender Reporting and Registration) Act

Section 82(2)
section 82
section 81


Commercial and Private Agents Licensing Act

Section 4(1)(j)
Power and Water Authority Act
Power and Water Corporation Act
Section 17L(2)
Commission
(all references)
Commissioner
Community Welfare Act

Section 4(1)

– definition of "hospital"

Hospitals and Medical Services Act

Medical Services Act
Electricity Reform Act

Section 4(1)

– definition of "Power and Water Authority"




– definition of "related body corporate", paragraph (a)

the whole definition





Power and Water Authority
(all references)

"Power and Water Corporation" means the Power and Water Corporation established under the Power and Water Corporation Act;

Power and Water Corporation
Fences Act

Section 17
Local Courts Act
Local Court Act
Fire and Emergency Act

Section 21(1)(c) and (2)
member of the Police Force
police officer
Gaming Machine Act

Section 43(3)(b)(ii)
Fire Service Act
Fire and Emergency Act


Land Development Corporation Act

Section 17(2)
chief executive officer, or an employee, within the meaning of the Public Sector Employment or Management Act
Chief Executive Officer or a public sector employee
Law Officers Act

Section 7(1)
(1) Subject to subsection (2) a
A
Marine Act

Section 11(2)
a Local Court of Full Jurisdiction under the Local Courts Act
the Local Court
Mental Health and Related Services Act

Section 4

– definition of "mentally disturbed"

temporally

temporarily
Section 53(3)(b)(i)
involuntarily
involuntary
Mineral Royalty Act

Section 50(2)(e)
the Aboriginal and Torres Strait Islander Commission
the Commonwealth
Mining Act

Section 150
a Local Court under the Local Courts Act
the Local Court
Pay-roll Tax Act

Section 46(2)
a telegram purporting to have been sent by the Commissioner
a document purporting to have been written by the Commissioner


Petroleum Act

Section 61(10)
under this –
except on the ground to do so would disclose –
Police Administration Act

Section 148B(2)
performace
performance
Public Sector Employment and Management Act

Part 5, heading
TRANSFER, RESIGNATION AND AGE RETIREMENT
TRANSFER AND RESIGNATION
Radiation Protection Act

Section 6(3)(b)
the whole paragraph
(b) has or exceeds the activity or activity concentration prescribed by the Regulations.
Terrorism (Emergency Powers) Act

Section 35(3A)
a police officer
a person who is or has been a police officer
Tobacco Control Act

Section 56(4)
who is
who is or has been
Traffic Act

Section 29AH(3)
Parts III, IV and V of the Disposal of Uncollected Goods Act apply
Part 2 of the Uncollected Goods Act applies


PART 2 – AMENDMENT OF OTHER SUBORDINATE LEGISLATION

Provision
Amendment

omit
substitute
Agents Licensing Regulations

Regulation 17(1)(c)(x)
the whole subparagraph
(x) a Registrar of the Local Court; or
Building Regulations

Regulation 5(1)(d)
the whole paragraph
(d) the Power and Water Corporation established by the Power and Water Corporation Act.
Schedule 2

– column 1

Fire Service Authority of the Northern Territory established under the Fire Service Act

Power and Water Authority established under the Power and Water Authority Act

Northern Territory Fire and Rescue Service established by the Fire and Emergency Act

Power and Water Corporation established by the Power and Water Corporation Act
Schedule 5

– clause 1(2)

– clause 2(2)

– clause 3(a)



– clauses 3(c) and 5

Water Supply and Sewerage Act

Power and Water Authority

Power and Water Authority's

the Authority's

the Authority;

Power and Water Authority

Water Supply and Sewerage Services Act

Power and Water Corporation

Power and Water Corporation's

the Corporation's

the Corporation; or

Power and Water Corporation


Child Protection (Offender Reporting and Registration) Regulations

Regulation 7(c)
Pfes.CIS@pfes.nt.gov.au

ancor@pfes.nt.gov.au
Consumer Affairs and Fair Trading (Door-to-Door Trading) Regulations

Regulation 3(1) and (2)
Part VII
Part 7
Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations

Schedule 3

– Form 1, clause 17

– Form 2, clause 15 and Forms 3 and 4, final paragraphs

– Forms 7 and 8, final paragraphs

– Form 14, clause 8

$20,000 or imprisonment for 3 years

$20 000 or imprisonment for 3 years

$5 000


$20 000 or imprisonment for 3 years

400 penalty units or imprisonment for 2 years

400 penalty units or imprisonment for 2 years

100 penalty units or imprisonment for 6 months

400 penalty units or imprisonment for 2 years
Consumer Affairs and Fair Trading (Travel Agents) Regulations

Regulation 8(q)
Part XI
(all references)
Part 11
Darwin City Council By-laws

By-law 104(3)(b)
paragraph (1)
paragraph (a)


Electrical Workers and Contractors Regulations

Regulation 4

– definition of "College"

the whole definition

"College" means a registered training organisation registered under the Northern Territory Employment and Training Act to deliver electrotechnology training packages;
Electricity Reform (Safety and Technical) Regulations

Regulation 2

– definition of "nominal system voltage"

AS 2926

AS 60038
Greyhound Racing Rules

Rule 3

– definition of "the Act"

Lottery and Gaming Act

Racing and Betting Act
Housing Regulations

Regulation 11
in in regulation 6(e)
in regulation 6(e)
Jabiru Town Development (Swimming Pool Complex) By-laws

By-law 10(2)
bathing constumes
bathing costumes


Katherine Town Council By-laws

By-law 100(8)

– definition of "service vehicle"

Power and Water Authority

Department of Transport and Works

Power and Water Corporation

Department of Infrastructure and Planning
Local Government (Administration) Regulations

Regulation 13(1)
close to the public under section 56 of the Act
close to the public
Ltyentye Apurte Community Government Scheme

Clause 7(2)
termporarily
temporarily
Clause 32(1)
After 4 pm
After 3 pm
Minibus Regulations

Regulation 8(3)(b)
resonable
reasonable
Mining Regulations

Regulation 42
Local Courts Act
Local Court Act
Misuse of Drugs Regulations

Schedule 3

– Form 4, warning, paragraph (a)

section 11E(3)

section 11E(3) of the Misuse of Drugs Act
– Form 6, warning
section 11E(1)
(all references)
section 11E(1) of the Misuse of Drugs Act
– Form 8, warning
section 11E(3)
(all references)
section 11E(3) of the Misuse of Drugs Act


– Form 10, warning
section 11E(1)
section 11E(1) of the Misuse of Drugs Act
– Form 12, warning
section 11E(3)
section 11E(3) of the Misuse of Drugs Act
– Form 13, warning
section 11P
section 11P of the Misuse of Drugs Act
Superannuation Regulations

Regulation 4(g)
the whole paragraph
(g) the Power and Water Corporation established by the Power and Water Corporation Act;
Regulation 4(m)
the whole paragraph
(m) Land Development Corporation established by the Land Development Corporation Act;

____________________________
__________________




ALTERATIONS TO PROVISION HEADINGS

On the day on which the laws specified in the following table are amended by this Act, in addition to any alteration to provision headings indicated in the text of this Act, the headings to the provisions specified in the table are altered as set out in the table.

Provision
Alteration

omit
substitute
Mental Health and Related Services Act

Section 117
the whole heading
Confidentiality
Greyhound Racing Rules

Rule 93
the whole heading
Commission veterinarian




 

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