Northern Territory Consolidated Acts

JABIRU TOWN DEVELOPMENT ACT - SECT 31

(1) The Authority may make by-laws, not inconsistent with this Act, prescribing all things required or permitted to be prescribed, or necessary or convenient to be prescribed, for or in relation to the exercise of its powers and the performance of its functions.

(1A) The Authority may make by-laws -

(a) where regulations made under the National Parks and Wildlife Conservation Act 1975 of the Commonwealth, applying to the Kakadu National Park, are not applied to Jabiru, in place of those regulations; and

(b) where a matter contained in the lease of Jabiru from the Director to the Authority, or the plan of management prepared by the Director under section 11 of the National Parks and Wildlife Conservation Act 1975 of the Commonwealth is such that it is necessary or convenient for the Authority to make provision for it in by-laws.

(2) Without limiting the generality of subsection (1), the Authority may make by-laws in accordance with that subsection for or in relation to -

(c) the authorizing of persons to demand the names and addresses of persons who are believed on reasonable grounds to have contravened or failed to comply with a by-law made in pursuance of this section and requiring persons to comply with such a demand made by a person so authorized; and

(d) the imposing of a penalty not exceeding such amount as is prescribed for a contravention of or a failure to comply with a
by-law made in pursuance of this section; and

(da) the enabling of a person who is alleged to have contravened a provision of by-laws made under this section to pay to the Authority as an alternative to prosecution, a fixed penalty in lieu of the penalty by which a contravention of that provision is otherwise punishable; and

(e) the conferring on a person authorized by the Authority of a right of entry on to private land and a right to take such action as is necessary or convenient to inspect, repair, protect or remove the property of the Authority on private land.

(3) By-laws which provide for the imposition of a fixed penalty shall specify -

(a) the amount of the fixed penalty;

(b) subject to subsection (4), the form of a notice of infringement;

(c) the person or persons who may issue a notice of infringement; and

(d) the period within which the fixed penalty shall be paid in order to avoid prosecution.

(4) A notice of infringement shall indicate -

(a) the name of the alleged offender or a description of the property creating or the subject of the alleged offence sufficient to identify that property;

(b) in general terms the nature of the offence alleged to have been committed;

(c) the date, time and place of the alleged offence;

(d) the amount of the fixed penalty;

(e) the period within which, and the place where, the fixed penalty may be paid; and

(f) that the alleged offender may, if he so wishes, be dealt with by a court of competent jurisdiction.