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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 126
Justice
Legislation Amendment Bill (No. 3) 2007
Mr
Stirling
A Bill for an Act to amend various Acts administered by the Minister for Justice and Attorney-General
NORTHERN TERRITORY OF AUSTRALIA
JUSTICE LEGISLATION AMENDMENT ACT (NO. 3) 2007
____________________
Act No. [ ] of 2007
____________________
TABLE OF PROVISIONS
351A Details of jury
panel to be given to
accused
11 Exempt
persons
161 Conditions
of easements
6A Recognition of powers
under interstate laws
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2007
____________________
An Act to amend various Acts administered by the Minister for Justice and Attorney-General
[Assented to [ ] 2007]
[Second reading [ ] 2007]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Justice Legislation Amendment Act (No. 3) 2007.
This Act commences on the date fixed by the Administrator by Gazette notice.
Part
2 Amendment of Bail
Act
3 Act
amended
This Part amends the Bail Act.
4 Amendment of section 3 (Interpretation)
(1) Section 3(1), definition bail condition
omit
or 27A
(2) Section 3(3)(e)
omit
; or
substitute
;
(3) Section 3(3)(f)
omit
5 Amendment of section 23 (Power of Supreme Court to grant bail)
(1) Section 23
omit
The
substitute
(1) The
(2) After section 23(1)
insert
(2) If a person is arrested by a police officer under a warrant issued by the Supreme Court, a Judge may grant bail to the person by telephone or another form of electronic communication the Judge considers appropriate.
Part
3 Amendment of Criminal
Code
6 Act
amended
This Part amends the Criminal Code.
After section 351
insert
351A Details of jury panel to be given to accused
(1) Subject to subsection (3), a person who is to be tried on indictment (the accused) must be given a list of the persons on the jury panel for the trial containing:
(a) the full name of each person; and
(b) if requested by the accused – a description of each person.
(2) The list must be given to the accused at least 2 days before the accused is called on to plead to the indictment.
(3) The court may, if it considers it appropriate, refuse to give the list to the accused.
Section 434
repeal
Part
4 Amendment of Juries
Act
9 Act
amended
This Part amends the Juries Act.
10 Repeal and substitution of section 11
Section 11
repeal, substitute
(1) A person specified in Schedule 7 is exempt from serving as a juror.
(2) A person who is over the age of 65 may exempt himself or herself from serving as a juror on a permanent basis by giving written notice to the Sheriff.
(3) The name of a person exempt from serving as a juror under subsection (1) or (2) must not be included on a jury list.
Schedule 7
omit
a person over the age of 65 years.
Part
5 Amendment of Law of Property
Act
12 Act
amended
This Part amends the Law of Property Act.
13 Repeal and substitution of section 161
Section 161
repeal, substitute
The enjoyment of the rights conferred by an easement or easement in gross is subject to:
(a) the rights being exercised in a way that is reasonable and appropriate to the purpose for which the easement is created; and
(b) any conditions specified in the instrument of the easement.
Part
6 Amendment of Powers of Attorney
Act
14 Act
amended
This Part amends the Powers of Attorney Act.
After section 6
insert
6A Recognition of powers under interstate laws
(1) This section applies to a power regardless of when it is executed.
(2) Subsection (3) applies if:
(a) the power is executed under the law of a State or another Territory (the interstate general power); and
(b) under the law, the interstate general power is revoked if the donor of the power subsequently becomes legally incapable.
(3) The interstate general power is taken to be a general power created under this Act to the extent that the powers it gives could validly have been given by a general power created under this Act.
(4) Subsection (5) applies if:
(a) the power is executed under the law of a State or another Territory (the interstate enduring power); and
(b) under the law, the interstate enduring power is not revoked if the donor of the power subsequently becomes legally incapable.
(5) The interstate enduring power is taken to be an enduring power created under this Act to the extent that the powers it gives could validly have been given by an enduring power created under this Act.
(6) In this section:
general power means a power to which section 16 applies.
16 Amendment of section 7 (Registration)
Section 7(1A)
omit, substitute
(1A) An instrument creating or revoking a power, including an enduring power, executed in a State or another Territory under the law of the State or Territory may be registered regardless of when it is executed.
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