Northern Territory Second Reading Speeches

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STATUTE LAW REVISION BILL (NO. 2) 2002


Madam Speaker, I move that the bill now be read a second time.

The purpose of this bill is to amend various Northern Territory laws, none of which reflect substantial changes in policy. I now outline some of the changes to be brought about by this bill.

Sections 13 and 36 of the Companies (Trustees and Personal Representatives) Act are being amended to remove references to the ‘prescribed person’ and ‘Registrar-General’. This bill rewords these provisions to provide that the Commissioner of Consumer Affairs directly administers that act. As this act is in essence consumer protection legislation, it neatly fits into the portfolio of consumer protection legislation administered by the Commissioner of Consumer Affairs.

Some other amendments worth noting in this bill are the amendments to the Criminal Records (Spent Convictions) Act, Juries Act and Sexual Offences (Evidence and Procedure) Act. These amendments aim to remove to constantly amend certain legislation every time a department’s name is changed. The amendments remove specific references in the relevant legislation to the Northern Territory Attorney-General’s Department, the Department of Health and Community Services, the Department of Correctional Services and the Office of Courts Administration. These are replaced with generic descriptions of these agencies. For example, the generic description for the Department of Justice is the ‘agency responsible for law and the administration of justice’.

Another amendment that I would specifically like to explain is in relation to the Misuse of Drugs Act. This bill amends section 8C of that act to provide a relevant penalty is seven years imprisonment. The reason for the failure to specify a penalty in the Misuse of Drugs Amendment Act 2002 was an omission rather than a policy decision that the default penalty in the Summary Offences Act should apply. The standard penalty for these new offences is seven years imprisonment.

Most of the other amendments made by the bill are of a very minor nature and are generally self-explanatory. However, one amendment which requires further explanation is in relation to the Police Administration Act. The bill provides that section 147A of the Police Administration Act is amended by giving the minister, in addition to the Commissioner of Police, the power to enter into arrangements with the Commissioner of Police or other appropriate authority of another jurisdiction providing for the exchange of information in a database kept under the Police Administration Act. This amendment will remove any doubts arising from the equivalent legislative provisions in Tasmania, Western Australia and New South Wales as to the efficacy of arrangements with those states. The Tasmanian, Western Australian and New South Wales legislation provide that only their respective ministers can enter into such information sharing arrangements.

The remaining amendments are consequential to the change in the name of the Northern Territory Liquor Commission to the Northern Territory Licensing Commission, the change in the name and status of the Power and Water Authority to the Power and Water Corporation, and the change in the name of the Australian Society of Certified Practising Accountants to CPA Australia.

Madam Speaker, I commend the Statute Law Revision Bill (No 2) to honourable members.

 


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