Northern Territory Consolidated Acts Northern Territory Consolidated Acts43AG. Omissions
(1) An omission to perform an act can only be a physical element if the law creating the offence:
(a) makes it a physical element; or
(b) impliedly provides that the offence is committed by an omission to perform an act that, by law, there is a duty to perform.
(2) However, an omission to perform an act can be a physical element of an offence against a Schedule 1 provision if it is a person's omission to perform any of the duties referred to in Part VI, Division 1.
(3) The fault element for an omission to perform an act referred to in subsection (2) that causes, or that gives rise to danger of, death or harm is, if not otherwise specified in the Schedule 1 provision, the same as the fault element for the result of the omission.
Note for section 43AG(3)
In the absence of subsection (3), the fault element for the conduct consisting of an omission to perform an act would be intention under the default provision in section 43AM(1). Generally in relation to Schedule 1 offences, the fault element for acts that cause etc. death or harm is not specified but the fault element for the result concerned is specified as either intention, recklessness or negligence.
Subdivision 3 Fault elements