STATUTE LAW REVISION BILL 2009 Explanatory Statement

Northern Territory Explanatory Statements

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STATUTE LAW REVISION BILL 2009

Page 5

2009

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

SERIAL NO 47

EXPLANATORY STATEMENT

STATUTE LAW REVISION BILL 2009

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 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 that the Bill when passed may be cited as the Statute Law Revision Act 2009.

Clause 2. Commencement

This is a formal clause which provides that the Bill commences on the date fixed by the Administrator by Gazette notice.

Clause 3. Amendment of Agricultural and Veterinary Chemicals (Control of Use) Act 2004

Section 4(1) is amended by omitting “Act, unless the contrary intention appears –” and substituting “Act:” to reflect a change in drafting practice.

Section 4(1) is amended by omitting the definitions of “NRA” and “NRA approved label” and inserting “approved label, for a chemical product, means a label approved under Part 2 of the Agvet Code for containers of the product.” to reflect a change in the relevant statutory body.

The heading of section 17 is amended by omitting “NRA” to reflect a change in the relevant statutory body.

Sections 17(1), 18(1)(a) and (b) and (2)(b), 19(1)(a)(i), 21(a), 22(1) to (3) 23, 25(2)(b) 26(1), 27(1), 28(2), 32(1)(b) and (c) and (2)(m), 33(3), 36(1)(f), 37(d) and 40(a), section 41(2), definition “prescribed veterinary product”, paragraph (a), and sections 48(1)(a), (3) and (4), 49(1)(a), 50(4)(c) and (d), 51(1) and 86(1)(c) are amended by omitting all references to “NRA” to reflect a change in the relevant statutory body.

Clause 4. Amendment of Crown Lands Act

The phrase “, unless the contrary intention appears” in section 3 is omitted to reflect a change in drafting practice.

Section 3 is amended by omitting the definition of “Conservation Commission” and inserting “Commission means the Parks and Wildlife Commission of the Northern Territory established by the Parks and Wildlife Commission Act.” to reflect a change in the relevant statutory body.

Section 88(2)(f) is amended by omitting “Conservation Commission, unless that” and substituting “Commission, unless the” to reflect a change in the relevant statutory body.

Section 91(3)(e) is amended by omitting “Conservation” to reflect a change in the relevant statutory body.

Clause 5. Amendment of Electrical Workers and Contractors Act

Section 4 is amended by omitting “Act, unless the contrary intention appears –” and substituting “Act:” to reflect a change in drafting practice.

Section 4 is amended by omitting the definition of “Authority” and inserting “Corporation means the Power and Water Corporation established by the Power and Water Corporation Act.” to reflect a change in the relevant statutory body.

The definitions of “electrical installation” and “electrical work” in section 4, paragraph (b) and sections 15(2), 17C(c), and (f), 42 heading, 42(1), and (2), 43(1)(b), 43(1)(c), and (g), 43(1)(h), 43(2)(e), 43(2)(f) are amended to ensure correct references to the Power and Water Corporation to reflect a change in the relevant statutory body.

Section 42A(2) is amended by omitting “Industry and Employment Training Act” and substituting “Northern Territory Employment and Training Act” as a consequence of the enactment of the Northern Territory Employment and Training Act.

Clause 6. Amendment Firearms Act

Section 24(3) is amended by omitting the entire section 24(3) and substituting it with an amended section 24(3) to insure consistent use of formatting, numbering and language with other provisions of the Firearms Act.

Clause 7. Amendment of Health and Community Services Complaints Act

Section 97(5) is amended by omitting the second reference to section 97(5) and renumbering it as 97(6) to correct a typographical error.

Clause 8. Amendment of Northern Territory Licensing Commission Act

Section 19(3) is amended by omitting the second reference to section 19(3) and renumbering it as section 19(4) to correct a typographical error.

Clause 9. Amendment of Terrorism (Emergency Powers) Act

Section 27U is amended by renumbering section 27U(2)(g)(ii) as section 27U(2)(g)(iii) and the second occurrence of 27U(2)(g)(i) as section 27U(2)(g)(ii) to correct typographical errors.

Clause 10. Amendment of other Acts

This is a formal clause which provides that schedule 1 amends the Acts mentioned in it.

Clause 11 Amendments of subordinate legislation

This is a formal clause which provides that schedule 2 amends the subordinate legislation mentioned in it.

Clause 12. Expiry

This is a formal clause which provides that the Act expires on the day after it commences.

Schedule 1 - Amendment of other Acts

Anti-Discrimination Act

Section 4(1) is amended by omitting “Act, unless the contrary intention appears –” and substituting “Act:” to reflect a change in drafting practice.

The definition of “services” in section 4(1), paragraph h is amended by omitting “or community government council within the meaning of” and substituting “constituted under” to reflect changes to the system of local government following the enactment of the Local Government Act 2008.

Section 13(1)(d) is amended by omitting “and community government” to reflect changes to the system of local government following the enactment of the Local Government Act 2008.

AustralAsia Railway (Special Provisions) Act

Section 6 is amended by omitting all references to “community government” and substituting “shire” to reflect changes to the system of local government following the enactment of the Local Government Act 2008.

Building Act

Section 4 is amended by omitting “Act, unless the contrary intention appears –” and substituting “Act:” to reflect a change in drafting practice.

The definition of “building work” in section 4, paragraph (b) is amended by omitting “Power and Water Authority established by the Power and Water Authority Act” and inserting “Power and Water Corporation established by the Power and Water Corporation Act” to ensure correct reference to the organisation as a result of the enactment of the Power and Water Corporation Act.

Care and Protection of Children Act

Section 177(3) of the Care and Protection of Children Act is amended by omitting “form” and substituting “from” to correct a typographical error.

Section 233 is amended by omitting “229(2) to (4) and 230” and substituting “230(2) to (4) and 231” to correct incorrect references to the relevant provisions.

Carers Recognition Act 2006

Section 5(3)(b) is amended by omitting “Act.” and substituting “Act or the Care and Protection of Children Act.” following the enactment of the Care and Protection of Children Act.

Darwin Port Corporation Act

Section 45(2) of the Act is amended by omitting “community government” and substituting “shire” to reflect changes to the system of local government following the enactment of the Local Government Act 2008.

Darwin Rates Act

Section 14(1) is amended by omitting “(1) The” and substituting “The” to correct a typographical error.

Electricity Networks (Third Party Access) Act

The definition of “PAWA Networks” in clause 3 of the schedule is omitted and substituted with “PAWC Networks means the business division of the Power and Water Corporation responsible for the operation of the electricity networks owned and operated by the Corporation.” To reflect a change in the relevant statutory body.

The definitions of “PAWA Generation” and “PAWA Retail” are omitted to remove references to unnecessary definitions.

The definition of “Power and Water Authority” in clause 3 of the schedule is omitted and substituted with “Power and Water Corporation means the Power and Water Corporation established by the Power and Water Corporation Act.” to reflect a change in the relevant statutory body.

The definition of “reference tariff” in clause 3 of the schedule is amended by removing reference to “PAWA” and substituting “PAWC” to reflect a change in the relevant statutory body.

Energy Pipelines Act

Sections 6(1)(a), 13(4)(a) and 21B(2)(a) are amended by omitting “community government area” and substituting “shire” to reflect changes to the system of local government following the enactment of the Local Government Act 2008.

Evidence Act

Section 62A(1) is amended by omitting “town or community government area shall be” and substituting “shire or town is” to reflect changes to the system of local government following the enactment of the Local Government Act 2008.

Fisheries Act

Section 16(2) is amended by omitting “subsections (2) to (4), (9) and (10), and (12) to (14) of section 11, with the necessary changes, shall” and substituting “section 11(2), (3), (4), (9), (10) and (12), with the necessary changes,” to remove references to omitted sub-sections and to reflect a change in drafting practice.

Gaming Control Act

Section 48(1) is amended by omitting “(1) An” and substituting “An” to correct a typographical error.

Gaming Machine Act

Section 42(3)(b) is amended by omitting “or community government” to reflect changes to the system of local government following the enactment of the Local Government Act 2008.

Geothermal Energy Act

Section 55 is amended by omitting “extension” and substituting “suspension” to correct a typographical error.

Lands Planning and Mining Tribunal Act

The note at section 5(1)(b)(iv) is amended by omitting all references to and “section 5” and substituting “section 5(1)” to correct typographical errors.

Sections 12(1)(a) to (h), 17(1)(b)(ii), and (4), definition “decision”, paragraphs (a) and (b) and section 22(1) are amended by omitting all references to “section 5” and substituting “section 5(1)” to correct a typographical error.

Liquor Act

Section 80(b) is amended by omitting “a community government area” and substituting “shire” to reflect changes to the system of local government following the enactment of the Local Government Act 2008 and omitting “or (e), as the case may be” to reflect a change in drafting practice.

Litter Act

The phrase “, unless the contrary intention appears” in section 3 is omitted to reflect a change in drafting practice.

The definition of “officer” in section 3 paragraph (b)(i) and sections 9A(8)(a) and 11(A)(2)(b) are amended by omitting “Conservation Commission” and substituting “Parks and Wildlife Commission” to reflect a change in the relevant statutory body.

Livestock Act 2008

Section 130(3) is amended by omitting “commenced” and substituting “started” to correct a typographical error.

Local Government Act

The definition of “rates” in section 168, paragraph (a) is amended by omitting “or” and substituting “and” to correct a typographical error.

Mining Act

Section 11(1) is amended by omitting the North American “Utilization” and substituting the Australian “Utilisation”.

Mining Management Act

Section 10(3) is amended by omitting “a safety, health and” and substituting “an” to reflect amendments to the Mining Management Act as a result of the Law Reform (Work Health) Amendment Act.

Motor Vehicles Act

Section 5(1) is amended by omitting the phrase “, unless the contrary intention appears” to reflect a change in drafting practice.

The definition of “Road Transport Charges Laws” in section 5(1) is amended by omitting “the National Transport Commission (Road Transport Legislation – Road Transport Charges Act) Regulations 2006 (Cth)” and substituting “Schedule 2 of the Motor Vehicles (Fees and Charges) Regulations” to reflect the changed regime of motor vehicle fees and charges as a result of the introduction of the Motor Vehicles (Fees and Charges) Regulations.

Petroleum Act

Section 96(1) is amended by omitting “or an interest in a drilling fund under section 96A” to remove a reference to the repealed provision.

Petroleum (Submerged Lands) Act

Section 81(8) is amended by omitting “section 100 of the Companies Act or with the National Companies and Securities Commission pursuant to section 201 of the Companies Act 1981 of the Commonwealth or pursuant to” and substituting “section 262 of the Corporations Act 2001 or with ASIC under section 263 of the Corporations Act 2001, or under” to reflect the enactment of the Corporations Act 2001 of the Commonwealth and the replacement by the Australian Securities and Investment Corporation of the National Companies and Securities Commission.

Section 81(15) is amended by omitting “the purposes of section 201 of the Companies Act 1981 of the Commonwealth” and substituting “section 263 of the Corporations Act 2001” to reflect the enactment of the Corporations Act 2001 of the Commonwealth

Planning Act

Section 109(a) is amended by omitting “17(1)(d)(ii)” and substituting “17(1)(b)(ii)” to reflect amendments to the Lands, Planning and Mining Tribunal Act.

Police Administration Act

Forms 1 and 2 of the schedule are amended by omitting “Our Sovereign Lady the Queen” and “19” and substituting “Her Majesty, Queen Elizabeth the Second, Her Heirs and Successors” and “20” to ensure that the oath remains valid in the event that the Queen abdicates or dies in office and to update the reference in the forms to the appropriate year.

Prostitution Regulation Act

Section 24(3)(b) and 31(2)(b) of the Prostitution Regulation Act are amended by omitting “129, 130, 131” and substituting “130, 131, 131A” to reflect amendments to the Criminal Code.

Soil Conservation and Land Utilization Act

Section 1 is amended by omitting the North American “Utilization” and substituting the Australian “Utilisation”.

Sections 9A(a)(iv) and 13 are amended by substituting the North American “utilization” with the Australian “utilisaton”.

Territory Parks and Wildlife Conservation Act

Section 9(1) is amended by omitting “Act, unless the contrary intention appears –” and substituting “Act:” to reflect a change in drafting practice.

The definition of “Council” in section 9(1) is omitted due to the removal of provisions in the Act concerning the Territory Parks and Wildlife Advisory Council.

Section 109 is omitted due to the removal of provisions in the Act concerning the Territory Parks and Wildlife Advisory Council.

Unit Titles Scheme

Section 94(4)(b) and 5 are amended by omitting “scheme supervisor” and substituting “schemes supervisor” to correct a typographical error.

Water Act

Sections 13 and 40(2)(a) are amended by omitting the North American “Utilization” and substituting the Australian “Utilisation”.

Workers Rehabilitation and Compensation Act

Section 3(1) is amended by omitting “, unless the contrary intention appears” to reflect a change in drafting practice.

The definition of “Executive Director” in section 3(1) is amended by omitting “Worksafe NT” and substituting “NT Worksafe” to ensure correct reference to the organisation.

Workplace Health and Safety Act 2007

The definition of “Executive Director” in section 4 is amended by omitting “Worksafe NT” and substituting “NT Worksafe” to ensure correct reference to the organisation.

Section 76(3)(a) is amended by omitting “of” and substituting “to their” to give meaning to the provision.

Schedule 2 - Amendment of subordinate legislation

Building Regulations

Colum 3 of schedule 2 is amended by omitting “Workers Rehabilitation and Compensation Regulations” and substituting “Workplace Health and Safety Regulations” to correct an incorrect reference to the appropriate regulations.

Education (College and School Councils) Regulations

Regulation 4E(1)(c) is amended by omitting “community government” and substituting “shire” to reflect changes to the system of local government following the enactment of the Local Government Act 2008.

Electrical Workers and Contractors Regulations

Regulations 5(b)(i), 6(b)(i), 7(b)(1), 9(1)(b)(i)(A), 10(a)(i), 11(2)(b)(i) and 12(2)(b)(i) are amended by omitting “Act” and substituting “Act or the Northern Territory Employment and Training Act” following the enactment of the Northern Territory Employment and Training Act.

Fisheries Regulations

Regulation 206(1)(a) is amended by omitting “96B(4),” to remove reference to the repealed provision.

The heading for regulation 207 is amended by omitting “NTFIC” and substituting “NTSCI” to reflect a change in name of the Northern Territory Fishing Industry Council to the Northern Territory Seafood Council Incorporated.

Regulation 207(1) is amended by removing reference to the repealed 96B(4).

Regulation 207(1A) is amended by omitting “Fishing Industry Council” and substituting “Seafood Council Incorporated” to reflect a change in name of the council.

Local Government (Darwin Parking Local Rates) Regulations

Regulation 2 is amended by omitting “, unless the contrary intention appears” to reflect a change in drafting practice.

The definition of “inspector” in regulation 2 is amended by omitting “of local government accounts” and substituting “appointed under section 202 of the Act” following the enactment of the Local Government Act 2008.

Local Government (Electoral) Regulations

Regulation 31 is amended by omitting “to” and substituting “for” to give meaning to the provision.

Petroleum (Occupational Health and Safety) Regulations

Regulation 2(1) is amended by omitting “Regulations, unless the contrary intention appears –” and substituting “Regulations:” to reflect a change in drafting practice.

The definition of “registered” in regulation 2(1), paragraphs (a) and (b) is amended by omitting “Work Health (Occupational Health and Safety) Regulations” and substituting “Workplace Health and Safety Regulations” following the introduction of the Workplace Health and Safety Regulations.

Public Sector Employment and Management Regulations

Regulation 5(c)(i) is amended by omitting “Act;” and substituting “Act; or” to correct a typographical error.

Regulation 5(c)(ii) is amended by omitting the whole subparagraph and substituting “(ii) under section 39 of the Land Development Corporation Act.” following the enactment of the Land Development Corporation Act.

Regulation 5(c)(iii) is amended by omitting the whole subparagraph as a result of the repeal of the Totalizator Administration and Betting Act.

Public Transport (Passenger Safety) Regulations

Item 4 of part A of the schedule is amended to by omitting “paragraph (b)” and substituting “item 2” to correct a typographical error.

Item 5 of part A of the schedule is amended by omitting “paragraph (c)” and substituting “item 3” to correct a typographical error.

The heading of part E of the schedule is amended by omitting “Domestic Violence Act” and substituting “Domestic and Family Violence Act” following the enactment of the Domestic and Family Violence Act.

Part E of the schedule is amended by omitting “section 10 of the Domestic Violence Act” and substituting “section 120(1) of the Domestic and Family Violence Act” following the enactment of the Domestic and Family Violence Act.

Workers Rehabilitation and Compensation Regulations

Regulations 3A(1)(a) and (aa) and (2)(a) and(b) are amended by omitting “;” and substituting “;and” to correct a typographical error.

Regulation 3A(2)(c) is amended by omitting the whole sub-paragraph and substituting “(c) a person who is a carer under of the Care and Protection of Children Act; and” following the enactment of the Care and Protection of Children Act.

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