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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 33
Biological
Control Amendment Bill 2017
Mr
Vowles
A Bill for an Act to amend the Biological Control Act
NORTHERN TERRITORY OF AUSTRALIA
BIOLOGICAL CONTROL AMENDMENT ACT 2017
____________________
Act No. [ ] of 2017
____________________
Table of provisions
9A Application
of Criminal
Code
41 Failure
of witness to attend
43 Refusal
to take oath or to answer
questions
45 False
or misleading evidence
46 Obstructing
or hindering
Commission
49 Witness
not to be prejudiced
Part
9 Transitional matters
for Biological Control Amendment Act 2017
57 Existing
declarations continue
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2017
____________________
An Act to amend the Biological Control Act
[Assented to [ ] 2017]
[Second reading [ ] 2017]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Biological Control Amendment Act 2017.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Biological Control Act.
Part I, heading
omit, insert
Part 1 Preliminary matters
(1) Section 3(1), definitions Council and prescribed live organism
omit
(2) Section 3(1)
insert (in alphabetical order)
Council means:
(a) subject to paragraph (b), the Agriculture and Resource Management Council of Australia and New Zealand, whether known by that name or any other name; or
(b) if another body is prescribed by the regulations for the purposes of this definition – that other body.
prescribed organism means an organism, other than a live vaccine or resistant cultivar, that is:
(a) a live organism; or
(b) a virus or sub-viral agent.
(3) Section 3(1), definition kind, after "organism,"
insert
virus or sub-viral agent,
(4) Section 3(1), definition organism, paragraph (b)
omit
(a).
insert
(a); or
(5) Section 3(1), definition organism, after paragraph (b)
insert
(c) a virus or a sub-viral agent.
(6) Section 3(1), at the end
insert
Note for subsection (1)
The Interpretation Act contains definitions and other provisions that may be relevant to this Act.
(1) Section 4
omit
shall be
insert
is
(2) Section 4
omit
live
insert
prescribed
After section 9, in Part 1
insert
9A Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this Act.
Note for section 9A
Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.
Part II, heading
omit
Part II
insert
Part 2
Part III, heading
omit
Part III
insert
Part 3
Section 19(1)
omit
live
(1) Section 20(1)
omit
Where
insert
If
(2) Section 20(1)
omit
live
(3) Section 20(1)(b)
omit
apply,
insert
apply;
(4) Section 20(1)
omit
referred to
insert
mentioned
(5) Section 20(2) and (3)
omit
shall
insert
must
(6) Section 20(2)(b)
omit
authorized
insert
authorised
(7) Section 20(3)(a), at the end
insert
and
(1) Section 24(1), (3) and (4)
omit
Where
insert
If
(2) Section 24(1)
omit
live
(3) Section 24(1) and (2)
omit
shall
insert
must
(4) Section 24(2)(a) to (d), at the end
insert
and
(5) Section 24(2)(e)
omit
where
insert
if
(6) Section 24(3)
omit
shall cause
insert
must make
(7) Section 24(3)
omit
to be
Part IV, heading
omit
Part IV
insert
Part 4
(1) Section 28(1)(a)(i), at the end
insert
or
(2) Section 28(1)(a)(iii), at the end
insert
and
(3) Section 28(1)(b)
omit
live
(4) Section 28(1)(c)
omit
effects,
insert
effects;
(5) Section 28(1) and (2)
omit
shall
insert
must
(6) Section 28(1)
omit
notice in the Gazette
insert
Gazette notice
(7) Section 28(1)(d)
omit
where
insert
if
(1) Section 29(1)
omit
Where
insert
If
(2) Section 29(1)(a)
omit
live
(3) Section 29(1)(b)
omit
organism,
insert
organism;
(4) Section 29(1)
omit
notice in the Gazette
insert
Gazette notice
(5) Section 29(1)(d)
omit
organism,
insert
organism;
(6) Section 29(2)
omit
shall
insert
must
(1) Section 32(1) and (2)
omit
Where
insert
If
(2) Section 32(1)
omit
notice in the Gazette
insert
Gazette notice
(3) Section 32(2)(a)
omit
live
(4) Section 32(2)(b)
omit
organism,
insert
organism;
(5) Section 32(2)
omit
shall, by notice in the Gazette
insert
must, by Gazette notice
Part V, heading
omit
Part V
insert
Part 5
Part VI, heading
omit
Part VI
insert
Part 6
(1) Section 35(1), (2) and (3)
omit
shall
insert
is to
(2) Section 35(3)
omit
Where
insert
If
(3) Section 35(3)
omit
live
(4) Section 35(4)
omit
where
insert
if
(5) Section 35(4)(a), at the end
insert
and
Part VII, heading
omit
Part VII
insert
Part 7
21 Sections 41 and 43 replaced
Sections 41 and 43
repeal, insert
41 Failure of witness to attend
(1) A person commits an offence if:
(a) the person has been served with a summons to appear as a witness at an inquiry by a Commission; and
(b) the person intentionally fails to do any of the following:
(i) attend as required by the summons;
(ii) appear and report from day-to-day unless excused, or released from further attendance by, or on behalf of, the Commission.
Maximum penalty: 100 penalty units or imprisonment for 6 months.
(2) A person commits an offence if:
(a) the person has been served with a summons to produce evidentiary material; and
(b) the person intentionally does not comply with the summons.
Maximum penalty: 100 penalty units or imprisonment for 6 months.
(3) Strict liability applies to subsections (1)(a) and (2)(a).
(4) It is a defence to a prosecution for an offence against subsection (1) or (2) if the defendant has a reasonable excuse.
43 Refusal to take oath or to answer questions
(1) A person who appears as a witness at an inquiry by a Commission commits an offence if the person intentionally:
(a) refuses or fails to take an oath when required by the Commission to do so; or
(b) refuses or fails to answer a question that the person is required to answer by the Commissioner conducting or presiding at the inquiry; or
(c) refuses or fails to produce a document that the person was required to produce by a summons served on the person.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
(2) It is a defence to a prosecution for an offence against subsection (1) if the defendant has a reasonable excuse.
22 Sections 45 and 46 replaced
Sections 45 and 46
repeal, insert
45 False or misleading evidence
A person commits an offence if:
(a) the person intentionally gives evidence at a hearing before a Commission; and
(b) the evidence is false or misleading in a material particular and the person has knowledge of that circumstance.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
46 Obstructing or hindering Commission
A person commits an offence if:
(a) the person knows:
(i) a Commission is conducting an inquiry; or
(ii) a Commissioner is acting in an official capacity; and
(b) the person intentionally:
(i) obstructs or hinders the Commission or Commissioner; or
(ii) disrupts a hearing before the Commission.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
Section 49
repeal, insert
49 Witness not to be prejudiced
(1) A person commits an offence if:
(a) the person intentionally:
(i) uses violence against, or inflicts injury on, a person; or
(ii) causes violence, damage, or loss to a person; or
(iii) causes material disadvantage to a person; and
(b) the person engages in conduct mentioned in paragraph (a) because the other person:
(i) appeared, or intended to appear, as a witness at an inquiry by a Commission; or
(ii) gave evidence, or intended to give evidence, before a Commission.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(2) Without limiting subsection (1), an employer commits an offence if:
(a) the employer intentionally:
(i) terminates an employee from employment; or
(ii) threatens to terminate an employee from employment; or
(iii) prejudices an employee in employment; or
(iv) threatens to prejudice an employee in employment; and
(b) the employer's conduct mentioned in paragraph (a) is related to the employee:
(i) appearing as a witness at an inquiry by a Commission; or
(ii) intending to appear as a witness at an inquiry by a Commission; or
(iii) having given evidence before a Commission; or
(iv) intending to give evidence before a Commission.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(3) In any prosecution of subsection (2), the employer bears a legal burden of proof that the termination, threat or prejudice is not related to any of the circumstances mentioned in subsection (2)(b)(i) to (iv).
Part VIII, heading
omit, insert
Part 8 Miscellaneous matters
After section 56
insert
Part 9 Transitional matters for Biological Control Amendment Act 2017
57 Existing declarations continue
(1) An existing declaration continues in effect and may be dealt with on and from the commencement despite the amendments made by the Biological Control Amendment Act 2017.
(2) An existing declaration that refers to a prescribed live organism for the purposes of a relevant law is taken to refer to a prescribed organism on and from the commencement.
(3) In this section:
commencement means the commencement of section 2 of the Biological Control Amendment Act 2017.
existing declaration means a declaration
made by the
Northern Territory Biological
Control Authority under sections 5 and 32(1) and (2) of
the Biological Control Act and in effect immediately before the
commencement.
This Act is repealed on the day after it commences.
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