Northern Territory Second Reading Speeches

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STATUTE LAW REVISION BILL 2004

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Bill presented and read a first time.

Dr TOYNE (Justice and Attorney-General): Madam Speaker, I move that the bill be now read a second time.

The purpose of this bill is to make consequential amendments to various Northern Territory laws following passage of the Business Tenancies (Fair Dealings) Bill, and the Associations Bill in the October 2003 sittings of the Legislative Assembly, and the recent amendments to Part IIA of the Criminal Code.

None of the amendments reflect substantive changes in policy. The bill updates references in other laws to reflect the repeal of the Commercial Tenancies Act and the Associations Incorporation Act, and their replacement with the Business Tenancies (Fair Dealings) Act and the Associations Act respectively. Other amendments reflect changes in terminology used in the Associations Act. For example, the term ‘constitution’ is now used instead of ‘rules’. These amendments are self-explanatory.

Part 8 of the Law of Property Act deals with leases and tenancies. Section 114(1) sets out that if a provision of other specific tenancy legislation is capable of applying, then the provisions of Part 8 do not apply. Section 114(2) then goes on to set out, so as to avoid doubt, which provisions of the act do or do not apply in various situations. Section 114(2)(c) sets out which provisions of the Law and Property Act apply to leases under the Commercial Tenancies Act, now Part 13 of the Business Tenancies (Fair Dealings) Act. Once such provision is section 137, which sets out the procedure for terminating a tenancy and gaining possession of the premises under the Law of Property Act. However, the Commercial Tenancies Act, now Part 13 of the Business Tenancies (Fair Dealings) Act, also sets out a procedure for terminating a tenancy and gaining possession of premises. Imposing two quite different procedures in different courts for terminating a tenancy and gaining possession of the property is clearly not intended.

Accordingly, this bill omits the reference to section 137 of the Law of Property Act from section 114(2)(c) and instead moves the reference to section 114(2)(d), making it clear that the provisions of the Commercial Tenancies Act, now Part 13 of the Business Tenancies (Fair Dealings) Act relating to terminating a tenancy and gaining possession of a property, apply to leases under that act, not the provisions under Part 8 of the Law of Property Act.

The Mental Health and Related Services Act is amended so as to omit a reference to section 382 of the Criminal Code, which no longer exists. The reference to section 382 should be replaced with a reference to Part IIA of the Criminal Code.

Madam Speaker, I commend the bill to honourable members.

Debate adjourned.

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