Northern Territory Bills

[Index] [Search] [Download] [Related Items] [Help]

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

STATUTE LAW REVISION BILL 2006

Serial 86
Statute Law Revision Bill 2006
Mr Stirling







A BILL
for

AN ACT
to revise and correct the law of the Territory in minor respects and to repeal certain obsolete and redundant laws













NORTHERN TERRITORY OF AUSTRALIA

STATUTE LAW REVISION ACT 2006

____________________

Act No. [ ] of 2006

____________________


TABLE OF PROVISIONS

   Section








NORTHERN TERRITORY OF AUSTRALIA

____________________

Act No. [ ] of 2006

____________________

AN ACT

[Assented to [ ] 2006]

[Second reading [ ] 2006]

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 2006.

PART 2 – AMENDMENT OF LAWS CONSEQUENT ON ENACTMENT OF CRIMINAL CODE AMENDMENT (CRIMINAL RESPONSIBILITY REFORM) ACT 2005

Amendment of laws

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

(2) Schedule 1 has effect.

PART 3 – AMENDMENT OF OTHER LAWS

Amendment of Cemeteries Act

(1) This section amends the Cemeteries Act.

(2) Section 36, before "The"

insert

(1)

(3) After section 36(1)

insert

(2) Despite subsection (1), the Minister may give approval for a multiple burial in an open or closed cemetery under the Regulations.

Amendment of Community Welfare Act

(1) This section amends the Community Welfare Act.

(2) Section 4(1), definition "Juvenile Court"

omit

(3) Section 4(1)

insert (in alphabetical order)

"Youth Court" means the Court established by section 45 of the
Youth Justice Act.

(4) Section 72, definition "children's home", paragraph (a)

omit, substitute

(a) a Youth Detention Centre established under the Youth Justice Act;

Amendment of Liquor Act

(1) This section amends the Liquor Act.

(2) Section 96(3)(b)

renumber as paragraph (c)

(3) Section 96(3)(a) (second occurrence)

renumber as paragraph (b)

Amendment of Swimming Pool Safety Act

(1) This section amends the Swimming Pool Safety Act.

(2) After section 28(2)(d)

insert

(e) small premises in respect of which there is a transfer of the fee simple interest to an immediate family member of the previous registered owner or registered proprietor.

(3) Section 28(6)

insert (in alphabetical order)

"immediate family member" means:

(a) a spouse or de facto partner; or

(b) a parent (including a stepmother or stepfather) or grandparent; or

(c) a child (including a stepchild) or grandchild; or

(d) a brother or sister (including a half brother or half sister);

Amendment of other laws

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

(2) Schedule 2 has effect.

PART 4 – REPEAL OF LAWS

Repeal of laws

The laws specified in Schedule 3 are repealed.

____________________________


SCHEDULE 1

Section

AMENDMENT OF LAWS CONSEQUENT ON ENACTMENT OF CRIMINAL CODE AMENDMENT (CRIMINAL RESPONSIBILITY REFORM) ACT 2005

PART 1 – AMENDMENT OF ACTS

Provision
Amendment

omit
substitute
Criminal Code



Section 1, definition "declared offence"
this Part
Part IIAA
Firearms Act

Section 3(1), definition "disqualifying offence", paragraph (b)
whole paragraph
(b) an offence against a law, or a repealed law, of the Territory or another jurisdiction (including a jurisdiction outside Australia) that substantially corresponds to an offence mentioned in paragraph (a);
Section 3(1), definition "offence of violence", paragraph (b)
whole paragraph
(b) an offence against a law, or a repealed law, of the Territory or another jurisdiction (including a jurisdiction outside Australia) that substantially corresponds to an offence mentioned in paragraph (a);
Private Security Act

Section 3, definition "disqualifying offence"
whole definition
"disqualifying offence", for a category of licence, means:

(a) an offence prescribed by regulation to be a disqualifying offence in relation to that category of licence; or

(b) an offence against a law, or a repealed law, of the Territory or another jurisdiction (including a jurisdiction outside Australia) that substantially corresponds to an offence mentioned in paragraph (a);
Sentencing Act

Section 3(1), definition "violent offence"
whole definition
"violent offence" means:

(a) an offence specified in Schedule 2; or

(b) an offence against a law, or a repealed law, of the Territory or another jurisdiction (including a jurisdiction outside Australia) that substantially corresponds to an offence mentioned in paragraph (a).
Section 78K(4)
an offence under section 162 of the Criminal Code.
the crime of murder.
Schedule 2, item 1
163
160
Youth Justice Act

Section 39(7), definition "serious offence"
whole definition
"serious offence" means:

(a) an offence prescribed by regulation; or

(b) an offence against a law, or a repealed law, of the Territory or another jurisdiction (including a jurisdiction outside Australia) that substantially corresponds to an offence mentioned in paragraph (a);
PART 2 – AMENDMENT OF SUBORDINATE LEGISLATION
Provision
Amendment

omit
substitute
Commercial Passenger (Miscellaneous) Regulations

Schedule 3

item 11

item 13

item 14

162

grievous

Grievous

156

serious

Serious

Firearms Regulations

Regulation 1A(1)(d)
whole paragraph
Regulation 1A(1)(e)
159, 162, 163
156, 160
Regulation 1A(1)(g)
175,
174E, 174F, 175,
Regulation 1B(h) and (i)
whole paragraph
(h) section 166 or 185, unless a custodial sentence is imposed;

(i) sections 174C and 174D;
Private Security (Crowd Controllers) Regulations

Regulation 3(a)
161, 162, 163
156, 160
Private Security (Miscellaneous Matters) Regulations

Schedule 1
Section 161 – unlawful homicide

Section 162 – murder

Section 163 – manslaughter

grievous
(all references)
Section 156 – murder

Section 160 – manslaughter



serious
Private Security (Security Firms) Regulations

Regulation 2(a)
161, 162, 163
156, 160

Schedule

Section 161 – unlawful homicide

Section 162 – murder

Section 163 – manslaughter

grievous
(all references)
Section 156 – murder

Section 160 – manslaughter



serious
Private Security (Security Officers) Regulations

Regulation 2(a)
161, 162, 163
156, 160
Youth Justice Regulations

Regulation 3(a)
154, 162, 163

170
156, 160

170, 174C, 174D, 174E, 174F

____________________________


SCHEDULE 2

Section

AMENDMENT OF OTHER LAWS

PART 1 – AMENDMENT OF ACTS

Provision
Amendment

omit
substitute
Animal Welfare Act

Section 8(2)
whole subsection
AustralAsia Railway Corporation Act

Section 28(1)
Consolidated Revenue Account
Central Holding Authority
Bail Act

Section 16(4)
subclause
subsection
Section 27(3B)
Passports Act 1938 of the Commonwealth
Australian Passports Act 2005 (Cth)
Batchelor Institute of Indigenous Tertiary Education Act

Section 56(2)
whole subsection
(2) Section 63 of the Interpretation Act does not apply to rules.
Charles Darwin University Act

Section 46(5)
regulations
subordinate legislation
Section 47(5)
whole subsection
(5) Section 63 of the Interpretation Act does not apply to the Rules.

Construction Industry Long Service Leave and Benefits Act

Section 57(3)(a)
regulations
subordinate legislation
Consumer Affairs and Fair Trading Act

Section 253(1)
section 252
section 251
Crimes (Victims Assistance) Act

Section 25A(3)
Consolidated Revenue Account
Central Holding Authority
Criminal Records (Spent Convictions) Act

Section 6A, heading
Juvenile Court
Youth Justice Court
Director of Public Prosecutions Act

Section 35(b)
of the fact
the fact
Education Act

Section 60H(6)
regulations
subordinate legislation
Section 60H(7)
whole subsection
(7) Section 63 of the Interpretation Act does not apply to by-laws under this section.
Section 60J(5)
whole subsection
(5) Section 63 of the Interpretation Act does not apply to rules under this section.
Sections 60J(6)
and 71N(4)
regulations
subordinate legislation
Section 71N(5)
whole subsection
(5) Section 63 of the Interpretation Act does not apply to by-laws under this section.
Section 71P(5)
regulations
subordinate legislation
Section 71P(6)
whole subsection
(6) Section 63 of the Interpretation Act does not apply to rules under this section.
Electoral Act

Section 200(3)
subsection (3)
subsection (2)
Section 358
Consolidated Revenue Account
Central Holding Authority
Energy Pipelines Act

Section 3(1), definition "Tribunal"
whole definition
"Tribunal" means the Lands, Planning and Mining Tribunal established by the Lands, Planning and Mining Tribunal Act;
Essential Goods and Services Act

Section 2(1), definition "service",
paragraph (a)(iii)
Hospitals and Medical Services Act
Medical Services Act
Section 2(1), definition "service",
paragraph (a)(iv)
Electricity Act or the Power and Water Authority Act
Electricity Reform Act or the Power and Water Corporation Act
Fines and Penalties (Recovery) Act



Section 97(2)
Consolidated Revenue Account
Central Holding Authority
Firearms Amendment Act 2004

Section 4
whole section

Fire and Emergency Act

Section 56(11)
subsection (9)
subsection (10)
First Home Owner Grant Act

Section 43(3)(f)(i)
Police;
Police; or
Fuel Subsidies Act

Section 23, heading
Consolidated revenue account
Central Holding Authority
Gaming Control Act

Section 40(9)
Consolidated Revenue Account
Central Holding Authority
Gaming Machine Act

Sections 35(1) and 156(1) and (3)(a)
Consolidated Revenue Account
Central Holding Authority
Government Owned Corporations Act



Sections 31(3), 33(1) and (2) and 35(3)
Consolidated Revenue Account
Central Holding Authority
Land Title Act

Section 205(1)(b)
whole paragraph
(b) the Power and Water Corporation established by the Power and Water Corporation Act;
Lands Acquisition Act

Section 4(1), definition "Tribunal"
whole definition
"Tribunal" means the Lands, Planning and Mining Tribunal established by the Lands, Planning and Mining Tribunal Act.

Section 37(5)(b)
Lands and Mining Tribunal Act
Lands, Planning and Mining Tribunal Act
Legislative Assembly (Register of Members' Interests) Act

Section 5(1)(g)
section 4(2) or (3)
section 4(1) or (2)
Local Court Act

Section 36(1) and (2)
Consolidated Revenue Account
Central Holding Authority
Local Government Grants Commission Act

Sections 12(1)(a), (2)(a) and (3) and 17(3)
Local Government (Financial Assistance) Act 1986 of the Commonwealth
(all references)
Local Government (Financial Assistance) Act 1995 (Cth)

Menzies School of Health Research Act

Section 42(2)
whole subsection
(2) Section 63 of the Interpretation Act does not apply to Rules under this section.
Mining Act

Section 4(1), definition "Tribunal"
whole definition
"Tribunal" means the Lands, Planning and Mining Tribunal established by the Lands, Planning and Mining Tribunal Act;
Section 140G(5)(b)
Lands and Mining Tribunal Act
Lands, Planning and Mining Tribunal Act
Northern Territory Licensing Commission Act

Section 21(3)
3 sitting days
6 sitting days
Northern Territory Treasury Corporation Act

Section 12
Consolidated Revenue Account
Central Holding Authority
Pastoral Land Act

Section 102(1)(c)
section 91
section 92
Petroleum Act

Section 5(1), definition "Tribunal"
whole definition
"Tribunal" means the Lands, Planning and Mining Tribunal established by the Lands, Planning and Mining Tribunal Act;
Section 57H(5)(b)
Lands and Mining Tribunal Act
Lands, Planning and Mining Tribunal Act
Planning Act

Section 3(1), definition "Registrar"
Lands and Mining Tribunal Act
Lands, Planning and Mining Tribunal Act
Section 108
Lands and Mining Tribunal

Lands, Planning and Mining Tribunal


Lands and Mining Tribunal Act
Lands, Planning and Mining Tribunal Act
Section 109, heading
Lands and Mining Tribunal Act
Lands, Planning and Mining Tribunal Act
Sections 109, 110,
and 132

Lands and Mining Tribunal Act
(all references)
Lands, Planning and Mining Tribunal Act
Section 122(1)
Lands and Mining Appeals Tribunal Act
Lands, Planning and Mining Tribunal Act
Poisons and Dangerous Drugs Act

Section 31W(5)
amended
any amendments made
Prisoners (Interstate Transfer) Act

Section 3(7)(b)(ii)(B)
sentence; and
sentence;
Public Trustee Act

Sections 14(4), 65(2), 66(4), 67 and 67A(3)
Consolidated Revenue Account
Central Holding Authority
Sentencing Act

Section 24
Consolidated Revenue Account
Central Holding Authority
Section 99(4)
Passports Act 1938 of the Commonwealth
Australian Passports Act 2005 (Cth)
Summary Offences Act

Section 45C, definition "prescribed notice"
section 45G(1)
section 45G
Section 68A(3)
Consolidated Revenue Account
Central Holding Authority
Superannuation Act

Section 33(1)(a)
$15,000
$20 000
Section 35
Consolidated Revenue Account
Central Holding Authority
Taxation (Administration) Act

Section 81(1)
whole subsection
(1) Instruments on which duty is imposed, other than those mentioned in Divisions 6 to 13 of this Part, must be lodged with the Commissioner for assessment.
Section 82
whole section
Section 96(7)
or adhesive stamp
Section 116E(1)(e)
Investment
Investments
Section 116E(1)(g)
Financial Transaction Report Act 1988 of the Commonwealth
Financial Transaction Reports Act 1988 (Cth)
Terrorism (Emergency Powers) Act

Section 21ZC(3)
, Juvenile Justice Act
Section 21ZC(6)
Juvenile Justice Act or
Section 21ZS(3)(f)
juvenile
youth
Traffic Act

Section 29AG(5)(b)
reasonable

reasonably
Section 29AL(d)
Consolidated Revenue Account
Central Holding Authority
Unclaimed Superannuation Benefits Act

Sections 5 and 6(3)
Consolidated Revenue Account
Central Holding Authority
Uncollected Goods Act

Section 27(9)
Consolidated Revenue Account
Central Holding Authority
Utilities Commission Act

Section 19
Consolidated Revenue Account
Central Holding Authority
Waste Management and Pollution Control Act

Section 6(8)
Prevention of Pollution of Waters by Oil Act
Marine Pollution Act

PART 2 – AMENDMENT OF SUBORDINATE LEGISLATION
Provision
Amendment

omit
substitute
Dangerous Goods Regulations

Regulation 131(1)
and (2)
regulation 5B(1)
regulation 5D(1)
Fire and Emergency Regulations

Regulation 2(1), definition "offender"
who
whom
Fisheries Regulations

Regulation 4, definition "amateur drag net", paragraph (a)
lines;
lines; and
Regulation 4, definition "amateur drag net", paragraph (b)
whole paragraph
(b) is made of mesh no larger than 28mm; and
Regulations 206(2)(a) and 207(4) and (5)
Consolidated Revenue Account
Central Holding Authority
Lands and Mining Tribunal Rules

Schedule 1, Forms 1 to 4

LANDS AND MINING TRIBUNAL
(all references)
LANDS, PLANNING AND MINING TRIBUNAL

Local Government (Administration) Regulations

Regulation 14(1)

Regulation 14(2)
section 19J(2)(c)

section 19J(3)
section 19K(2)(c)

section 19K(3)

Public Sector Employment and Management (Exemption) Regulations

Regulation 3, Table, Column 1, item 1
Power and Water Authority
Power and Water Corporation
Supreme Court Rules

Rule 79.07.1(1) and (2)
Consolidated Revenue Account
Central Holding Authority

____________________________


SCHEDULE 3

Section

REPEAL OF LAWS

PART 1 – REPEAL OF ACTS

Commercial Passenger Vehicles Legislation Amendment Act 2006
Act No. 3 of 2006
Electrical Workers and Contractors Amendment Act 2003
Act No. 48 of 2003
Gaming Control Amendment Act 1996
Act No. 18 of 1996
Judges and Administrators Pensions Legislation Amendment Act 2006
Act No. 21 of 2006
Justice Legislation Amendment Act 2006
Act No. 13 of 2006
Maintenance Ordinance 1973
Ordinance No. 5
of 1973
Maintenance Ordinance (No. 2) 1973
Ordinance No. 29
of 1973
Treasury Legislation and Consequential Amendment Act 2006
Act No. 19 of 2006
PART 2 – REPEAL OF SUBORDINATE LEGISLATION
Barunga Manyallaluk Community Government Scheme


Consumer Affairs and Fair Trading Amendment Regulations 2006
Subordinate Legislation No. 15 of 2006
Wugularr Community Government Scheme


____________________________
__________________



 

[Index] [Search] [Download] [Related Items] [Help]