STATUTE LAW REVISION BILL 2006 Second Reading Speech

Northern Territory Second Reading Speeches

STATUTE LAW REVISION BILL 2006

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

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

The main purpose of the bill is to make consequential amendments to various Northern Territory laws following the enactment of the Criminal Code Amendment (Criminal Responsibility Reform) Bill (No. 2) 2005. The bill also updates superseded references, corrects typographical and grammatical errors and omissions, and clarifies ambiguous terminology in the affected acts and subordinate legislation. None of the amendments constitute substantive changes in policy or programs of government.

Consequential amendments following the enactment of the Criminal Code Amendment (Criminal Responsibility Reform) Bill (No 2) 2005 include correcting references to offences which will be renumbered or reclassified when the changes come into effect following the passage of that act.

This bill also removes references to section 154 of the Criminal Code to take into account the repeal of the dangerous acts or omissions offence. The bill also amends various acts and other subordinate legislation by replacing all references to the ‘consolidated revenue account’ with ‘the Central Holding Authority’.

Following earlier amendments to the Financial Management Act, the definition of ‘consolidated revenue account’ was defined in the Interpretation Act to mean ‘the Central Holding Authority’. However, this was intended to be a temporary measure, and it is now considered appropriate to update all of the items of relevant legislation to reflect this change.

Section 36 of the Cemeteries Act currently provides that the minister may order that burials or cremations in a cemetery cease. This section is being amended to make it clear that, despite this section, the minister may still give approval for a multiple burial in either an open or closed cemetery under the regulations.

The bill also amends section 28(2) of the Swimming Pool Safety Act. This amendment will permit a transferee who is an immediate family member of the previous registered owner to apply for a temporary acknowledgement notice to facilitate the transfer of the fee simple interest in the prescribed premises at which there is an existing swimming pool that is not certified or notified. This amendment is made to address current problems occurring where persons wishing to transfer property following a death or divorce are obliged to ensure that the pool complies with the current standards. This was not intended to be the case. A definition of ‘immediate family member’ is inserted in section 28(6).

Additionally, the bill amends section 21(3) of the Northern Territory Licensing Commission Act to increase the time required for tabling annual reports in parliament from three sitting days to six sitting days. This amendment was made to align the time requirements for the tabling of reports with other statutory bodies which have a six-day tabling rule.

Section 82 of the Taxation Administration Act is repealed. Sections 81(1) and 96(7) are amended in order to remove reference to ‘adhesive stamps’. Adhesive stamps are no longer used as a result of amendments to the Taxation Administration Act earlier this year abolishing their use.

The definition of ‘amateur drag net’ in regulation 4(b) of the Fisheries Regulations is to be amended to reduce the maximum mesh size of the net from 65 mm to 28 mm. This amendment occurs as a result of an agreement made at the Ministerial Advisory Committee on Recreational Fishing in 2000 to reduce amateur drag net dimensions. A phase-out period of two years was announced by the previous government in 2001 and was promoted in the 2002 Northern Territory Recreational Fishing Controls publication and other public notices. It is considered appropriate to bring these changes into effect. There are other amendments made by the bill which are of a very minor nature, and are self-explanatory.

Madam Speaker, I commend the bill to honourable members and table a copy of the explanatory statement.

Debate adjourned.

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