STATUTE LAW REVISION BILL 2007 Explanatory Statement

Northern Territory Explanatory Statements

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STATUTE LAW REVISION BILL 2007

127 Statute Law Revision Bill_ES
30-11-07

2007

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

STATUTE LAW REVISION BILL 2007

SERIAL NO. 127

EXPLANATORY STATEMENT

GENERAL OUTLINE

The purpose of the Bill is to make minor revisions and corrections to the laws of the Northern Territory in ways that do not reflect substantive changes in policy.

Amendments have been made to various Acts, By-laws and Regulations to correct typographical or other similar omissions, to make them consistent with other Acts, to clarify provisions of Acts, to simplify or improve the operation of Acts, or other minor but necessary changes.

NOTES ON CLAUSES

Clause 1. Short Title.

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Statute Law Revision Act 2007.

Clause 2. Amendment of Legal Profession Regulations

This clause amends the Legal Profession Regulations by repealing Schedule 4 of Regulation 97. Schedule 4 of Regulation 97 is repealed, as Schedule 4 is no longer required. Relevant amendments to the Legal Profession Act as set out in Schedule 4 of Regulation 97 in the form of a corrigendum. Those amendments to the Legal Profession Act are set out in Schedule 1 to this Act.

Clause 3. Amendment of Acts

This clause provides for a schedule of amendments to various Acts.

Clause 4. Amendment of Subordinate Legislation

This clause provides for a schedule of amendments to various pieces of subordinate legislation.

Clause 5. Repeal of Laws

Clause 5 repeals the Criminal Law (Regulatory Offences) Act 1986.

Schedule 1

Amendment of Acts

Agents Licensing Act

The definition of “Registrar” in section 5(1) of the Agents Licensing Act is amended to replace “Registrar of Land and Business Agents” with “Registrar of Land, Business and Conveyancing Agents”.

Criminal Code

Section 43BJ(3) is amended to correct an incorrect reference to “subsection (8)” by replacing it with “subsection (9)”.

Schedule 1 is amended to correct an incorrect reference to “Division 1” by replacing it with “Division 1A”.

Consumer Affairs and Fair Trading Act

Section 198(2) of the Consumer Affairs and Fair Trading Act is amended to omit the incorrect use of the term “penalty”. The section incorrectly uses the term penalty, when there is no offence attached therefore it cannot be a penalty. Rather, it is a fee.

Debits Tax Act

The heading of section 19 is amended to replace “consolidated fund” with “Central Holding Authority”.

Electoral Act

The definition of “reporting agent” in section 176 of the Electoral Act is amended to update a reference to “party” and replace with “party or candidate”.

Section 197(6) is amended to correct an incorrect reference to “subsection (4)” by replacing it with “subsection (5)”.

Electrical Workers and Contractors Act

Section 15(3) is amended to correct an incorrect reference to “subsection (1)” by replacing it with “subsection (2)”.

Firearms Act

Section 99(7) of the Firearms Act is amended to update a cross reference to "section 102” by replacing it with “section 93D”.

Law of Property Act

Section 177(3) is amended by omitting “control plan” and replacing with “provisions of the planning scheme” as a consequence of the repeal and replacement of the Planning Act and changes in terminology.

Legal Profession Act

The definition of “graduate clerk” in section 4 of the Legal Profession Act is amended by replacing the term “lawyer” in paragraph (b) with the more appropriate term “legal practitioner”.

The definition of “personal injury” in section 4 of the Legal Profession Act is amended and replaced with “personal injury, for Part 3.2, see section 289”.

Sections 74 and 75(3) are amended by replacing “solicitor and barrister” with “barrister and solicitor” to provide for consistency.

Section 90(1) is amended by replacing “section 74” with section 75(1) to correct an in correct cross reference.

The heading of section 645 “Association” is amended to correct a typographical error and replace with “Associations”.

Legislative Assembly Members’ Superannuation Fund Act

Section 7(2) is amended to increase the time required for tabling reports from 3 sitting days to 6 sitting days to align the time requirements for the tabling of reports with other statutory bodies.

Section 9 is amended to correct an error to the numbering of subsection (1).

Limitation Act

Section 12 of the Limitation Act is amended by omitting “subsections (1A) and replacing with “subsection” as subsection (1A) no longer exists.

Motor Vehicles Act

The definition of “configuration” in section 5(1) is amended by replacing “Schedule to Road Transport Charges (Australian Capital Territory) Act 1993 of the Commonwealth” with “Road Transport Charges Laws”. Reference to “Part 2 of that Schedule” is also replaced with “the Road Transport Charges Laws”. This amendment clarifies that the definition of “configuration” be amended to clarify the fact that the Road Transport Charges (Australian Capital Territory) Act 1993 of the Commonwealth now exists as Schedule 1 to the National Transport Commission (Road Transport Legislation – Road Transport Charges Act) Regulations 2006.

The definition of “Road Transport Charges Laws” in section 5(1) of the Motor Vehicles Act is redefined to cross reference to the National Transport Commission (Road Transport Legislation – Road Transport Charges Act) Regulations 2006 (Cth).

Section 13(1A) is omitted as fees for heavy vehicles are now prescribed in the Motor Vehicles (Fees and Charges) Regulations which provide that the registration fees for heavy vehicles refer to the National Transport Commission (Road Transport Legislation – Road Transport Charges Act) Regulations 2006 (Cth). Therefore it is unnecessary to make the distinction between vehicles of a kind to which the “Road Transport Charges Laws” apply and other types of vehicles.

Section 13A(1)(c) is amended by replacing “officer” with “officer the prescribed fee for registration or renewal of registration;” as a result of amendments to the definition of “Road Transport Charges Laws”.

Section 13A(1)(c)(i) and (ii) are omitted as a result of amendments to the definition of “Road Transport Charges Laws”.

Sections 107A(1)(a) and 107B(1)(a) are amended by omitting the unnecessary words “of the Territory”.

Planning Act

Section 91(1) is amended by replacing “Division in” with “Division appointed under section 89(1)(a)” to specify the relevant section.

Prisons (Correctional Services) Act

Section 51(3) is amended by replacing “Legal Practitioners Act” with “Legal Profession Act” as a result of the repeal of the Legal Practitioners Act and enactment of the Legal Profession Act.

Racing and Betting Act

Sections 38(7)(a), 114(3), 114(4) and 115(2) are amended to replace “Consolidated Fund” with “Central Holding Authority”.

Sentencing Act

The definition of “restricted area” in section 3(1) is omitted and replaced with “restricted area, see section 73(1) of the Liquor Act” to reflect amendments to the Liquor Act.

Special Purpose Leases Act

The definition of “aboriginal reserve” in section 3 is amended by omitting “means a reserve as defined in section 7 of the Social Welfare and Ordinance and” as the Ordinance referred to has been repealed.

The definition of “approved person” in section 3 is amended to replace
“co-operative trading society registered under the Co-operative Trading Societies Act” in paragraph (b) with “co-operative registered under the Co-operatives Act”. The name Co-operative Trading Societies Act was changed to the Co-operative Societies Act 1978 and a society under the Co-operatives Societies Act is deemed to be a co-operative registered under the New Act – Schedule 6. Therefore it is no longer necessary to mention co-operative trading society in the definition.

Warehousemen’s Liens Act

Section 11(4) is amended to replace “Consolidated Revenue Fund” with “Central Holding Authority”.

Schedule 2 – Amendment of Subordinate Legislation

Agents Licensing Regulations

Regulation 20 is amended to replace “Agents or the Register of Licensed Business Agents” with “Agents, the Register of Licensed Business Agents or the Register of Conveyancing Agents” to provide for consistency in the Act as provided in section 109.

Regulation 21(a) is amended to remove the words “last renewed” and to include that the register should indicate whether the fee has been paid.

Building Regulations

Regulation 35(a) of the Building Regulations is amended by omitting paragraph (a) and replacing with “(a) a planning scheme or interim development control order allows the construction; or” as a consequence of the repeal and replacement of the Planning Act and changes in terminology.

Schedule 2, column 1, Schedule 2, column 2 and Schedule 2, column 3 are amended by replacing various references to terms used which are out of date, including reference to Government Departments that no longer have responsibility for the Building Act and Regulations as a consequence of amendments to the Building Act. “Chief Medical Officer” is replaced with the updated term “Chief Health Officer”. “Authority (either the Minister or the Northern Territory Planning Authority) in relation to a control plan” is replaced with “consent authority for a planning scheme”. “Department of Transport and Works (all references)” is replaced with “Agency”.

Co-operatives Regulations

Regulation 27(i) is amended to replace “Consolidated Revenue Account” with “Central Holding Authority”.

Darwin City Council By-laws

The definition of “service vehicle” in by-law 110(8) of the Darwin City Council By-laws is amended to update references to Government Departments and Agencies whose names have changed.

Financial Management Regulations

Regulation 8 is repealed as the relevant sections of the principal Act (the Financial Management Act) have been repealed.

Fire and Emergency Regulations

Regulation 18B(3)(a) is amended by correcting a typographical error by adding the words “notice; or”.

Regulation 18B(3)(b) is amended by replacing “Commissioner” with “Commissioner of Police” as the current term "Commissioner" is not defined in the Principal Act (the Fire and Emergency Act) or the Regulations.

Palmerston (Public Places) By-laws

The definition of “service vehicle” in by-law 46(3) of the Palmerston (Public Places) By-laws is amended to update references to Government Departments and Agencies whose names have changed.

Prisons (Correctional Services) (Community Work Orders) Regulations

The definition of “offender” in the Prisons (Correctional Services) (Community Work Orders) Regulations is amended by replacing “service” with “work” as a consequence of amendments to terms used in the principal Act (the Prisons (Correctional Services) Act).

Regulation 8(c) is amended to replace “service” with “work” as a consequence of amendments to terms used.

Schedule, Form 1 is amended to replace “service” with “work” as a consequence of amendments to terms used.

Supreme Court Rules

Rules 81A.11(4)(a), 81A.41(5), Form 81A-L of the Supreme Court Rules is amended by replacing “service” with “work” as a consequence of amendments to terms used in the principal Act (the Prisons (Correctional Services) Community Work Orders) Act).

The Heading of Form 81A-L is amended by replacing “SERVICE” with “WORK”.

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