Northern Territory Consolidated Acts

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TRAFFIC ACT - SECT 11

Declaration of control areas

11. Declaration of control areas

(1) The Minister may, by notice in the Gazette , declare an area to be a control area for a period not exceeding 12 months.

(2) The Minister may, on or before the expiration of the period specified in a notice under this section, declare, by notice in the Gazette , that a control area shall continue in force for a further period, not exceeding 12 months, as specified in the notice.

(3) Where the Minister under this section declares an area to be, or to continue to be, a control area, the Minister, in the notice under subsection (1) or (2):

(a) shall specify the area in respect of which the control area is declared or declared to continue;

(b) shall specify the period during which the control area shall remain in force;

(c) shall specify the provisions, if any, of this Act which shall not apply to and in relation to the control area;

(d) may declare that the provisions contained in the notice shall apply to and in relation to the control area:

(i) in substitution of specified sections of; or

(ii) in addition to,

this Act; and

(e) may declare that a person who contravenes or fails to comply with a provision declared under subsection (3)(d) as applying to and in relation to a control area is guilty of an offence, including a regulatory offence, and liable on being found guilty to a penalty not exceeding 20 penalty units or 12 months imprisonment, or both.

(4) With effect on and from the date a control area is declared under subsection (1), or declared to continue in force under subsection (2), the sections of this Act specified in the notice in accordance with subsection (3)(c) or (d) shall not apply to or in relation to the control area.

(5) A provision declared under subsection (3)(d) as applying to and in relation to a control area shall, for the purposes of the application of that provision to and in relation to that area, be deemed to be a section of this Act.

(6) Where the Minister makes a declaration under subsection (3)(e), a person who contravenes or fails to comply with the provision to which the declaration relates is guilty of an offence.

(7) Section 63(1)(c), (8), (9) and (10) of the Interpretation Act shall apply to and in relation to a notice declaring a control area where, in that notice, the Minister has, under subsection (3)(d), declared a provision contained in the notice to apply to and in relation to the control area (other than a notice declaring that provision to continue to apply to and in relation to that area) as if that notice were, for the purposes of those subsections of the Interpretation Act , a regulation.

Part IV. Erection and operation of traffic control devices



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