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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 92
Northern
Territory Civil and Administrative Tribunal (Conferral of Jurisdiction
Amendments) (No. 2) Bill 2014
Mr
Elferink
A Bill for an Act to amend various laws to confer jurisdiction on the Northern Territory Civil and Administrative Tribunal
NORTHERN TERRITORY OF AUSTRALIA
NORTHERN TERRITORY CIVIL AND ADMINISTRATIVE TRIBUNAL (CONFERRAL OF JURISDICTION AMENDMENTS) (NO. 2) ACT 2014
____________________
Act No. [ ] of 2014
____________________
Table of provisions
13 Decision
to reject mediation or conciliation
application
17 Decision
to reject technical inspection
application
21 Decision
to reject consumer guarantee dispute
application
Chapter
6 Transitional matters
for Northern Territory Civil and Administrative Tribunal (Conferral of
Jurisdiction Amendments) (No. 2) Act 2014
99 Definitions
100 Review of or appeal against Commissioner's decision notified before commencement
101 Commissioner's decision made after commencement
102 Referrals
to former Tribunal
Schedule
2 Reviewable decisions
and affected persons
Part 15 Tribunal
174 Jurisdiction
Division
2 Northern Territory
Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2)
Act 2014
187 Definitions
188 Appeal against Commissioner's decision made before commencement
189 Appeal against court's decision made before commencement
190 Commissioner's decision made after commencement
191 Commissioner's or Local Court's decision made after commencement
192 Appeals
before Local Court
Part
7 Transitional matters
for Northern Territory Civil and Administrative Tribunal (Conferral of
Jurisdiction Amendments) (No. 2) Act 2014
63 Application before former Tribunal
Part VII Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
69 Definitions
70 Action or application to Supreme Court before commencement
71 Application to Tribunal before commencement
Part 5 Tribunal
24 Jurisdiction
25 Reviewable decision
26 Recommendation
of Tribunal and subsequent decision
Part
7 Transitional matters
for Northern Territory Civil and Administrative Tribunal (Conferral of
Jurisdiction Amendments) (No. 2) Act 2014
38 Definitions
39 Review of Minister's decision notified before commencement
40 Minister's decision made after commencement
41 Applications to former Tribunal
Part 3 Tribunal
63 Constitution of Tribunal for matters under the Law
64 Functions of Tribunal
65 Additional notifications
66 Medical
examinations
Part
13 Transitional
matters for Northern Territory Civil and Administrative Tribunal (Conferral of
Jurisdiction Amendments) (No. 2) Act 2014
154 Definitions
155 Appellable decision notified before commencement
156 Appellable decision made after commencement
157 Appeals and matters before former Tribunal
158 Decision
to refer matter to former
Tribunal
91 Application
to Tribunal for review
Division
2 Northern Territory
Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2)
Act 2014
163 Definitions
164 Review of Council's or Minister's decision made before commencement
165 Council's or Minister's decision made after commencement
166 Applications before former Tribunal
Part XI Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
96 Applications before former Tribunal
Division 2 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
215 Application made to former Tribunal
Part 10 Applications to Tribunal and other matters
114 Application for review of reviewable decision
115 Recommendation of Tribunal and subsequent decision
116 General
applications
Division
2 Northern Territory
Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2)
Act 2014
143 Definitions
144 Review of Minister's decision notified before commencement
145 Minister's decision made after commencement
146 Application made to former Tribunal
117 Jurisdiction of Tribunal in relation to extension or grant of pastoral lease
118 Jurisdiction
of Tribunal for decisions under Part 8
Division
3 Northern Territory
Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2)
Act 2014
125 Application or referral before former Tribunal
Division 1 Jurisdiction of Tribunal
108 Jurisdiction
Division
3 Northern Territory
Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2)
Act 2014
203 Definitions
204 Appeal relating to consent authority's or service authority's determination
205 Consent authority's or service authority's determination made after commencement
206 Application
before former Tribunal
Division
4 Northern Territory
Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2)
Act 2014
167 Definitions
168 Appeal against Commissioner's decision made before commencement
169 Appeal against court's decision made before commencement
170 Commissioner's or Local Court's decision made after commencement
171 Appeals
before Local Court
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2014
____________________
An Act to amend various laws to confer jurisdiction on the Northern Territory Civil and Administrative Tribunal
[Assented to [ ] 2014]
[Second reading [ ] 2014]
The Legislative Assembly of the Northern Territory enacts as follows:
Part
1 Preliminary
matters
1 Short
title
This Act may be cited as the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.
This Act commences on the day fixed by the Administrator by Gazette notice.
Part
2 Amendment of Building
Act
3 Act
amended
This Part amends the Building Act.
Section 4, definition Tribunal
omit, insert
Tribunal means the Civil and Administrative Tribunal.
Part
3 Amendment of Building (Resolution of Residential Building Work Disputes)
Regulations
5 Regulations
amended
This Part amends the Building (Resolution of Residential Building Work Disputes) Regulations.
Regulation 4, definition review notice
omit
Regulation 12(4)
omit, insert
(4) If the Commissioner decides to accept the application, the Commissioner must follow the relevant procedures specified in regulation 40.
Regulation 13
repeal, insert
13 Decision to reject mediation or conciliation application
The Commissioner may decide to reject a mediation or conciliation application.
Regulation 16(4)
(4) If the Commissioner decides to accept the application, the Commissioner must follow the relevant procedures specified in regulation 55.
Regulation 17
repeal, insert
17 Decision to reject technical inspection application
The Commissioner may decide to reject a technical inspection application.
Regulation 21
repeal, insert
21 Decision to reject consumer guarantee dispute application
The Commissioner may decide to reject a consumer guarantee dispute application.
Regulation 32(4)
omit
Regulation 35(2), note
omit
an appeal against the dispute decision under regulation 80(1)
insert
a review of the dispute decision
Regulation 36
repeal
Regulation 37(1)(a) and (b)
omit, insert
(a) if the period for applying for a review of the decision has expired and no application has been made – after the expiry of that period; or
(b) if an application for a review of the decision has been made – after the Tribunal has decided the application.
Regulation 74(1)
omit, insert
(1) The Tribunal has review jurisdiction in relation to a decision (a reviewable decision) mentioned in Schedule 2.
17 Regulations 75 to 79 and Part 3.2 repealed
Regulations 75 to 79 and Part 3.2
repeal
(1) Regulation 92(3)(a)
omit
appealed against
insert
applied for a review of
(2) Regulation 92(3)(b)
omit
appealed
insert
made an application for a review
Regulation 94(1)
omit
under Chapter 3
After regulation 98
insert
Chapter 6 Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
commencement means the commencement of Part 3 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.
former legislation means the following as in force immediately before the commencement:
(a) the Act and these Regulations;
(b) the Lands, Planning and Mining Tribunal Act.
former Tribunal means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act.
new legislation means the following as in force after the commencement:
(a) the Act and these Regulations;
(b) the Northern Territory Civil and Administrative Tribunal Act.
100 Review of or appeal against Commissioner's decision notified before commencement
(1) This regulation applies if:
(a) before the commencement, the Commissioner had given a person a relevant notice for a decision; and
(b) one of the following circumstances applies:
(i) immediately before the commencement, the review or appeal period had not expired and the person had not applied for a review of, or appeal against, the decision;
(ii) before the commencement, the person had applied for a review of, or appealed against, the decision within the review or appeal period and the proceeding for the review or appeal had not been decided by the former Tribunal.
(2) If the circumstance mentioned in subregulation (1)(b)(i) applies, the former legislation continues to apply in relation to the entitlement of the person to apply for a review or, or to appeal against, the decision within the review or appeal period.
(3) The former legislation continues to apply in relation to the functions and powers of the former Tribunal in conducting and deciding a proceeding for the review or appeal regardless of whether the proceeding:
(a) was being conducted before the commencement; or
(b) is started after the commencement within the review period.
(4) In this regulation:
relevant notice, for a decision, means one of the following:
(a) a review notice;
(b) a notice of a dispute decision given under regulation 32(4).
review or appeal period means the period within which a person given a relevant notice is entitled to apply for a review of, or to appeal against, the decision mentioned in the notice.
101 Commissioner's decision made after commencement
(1) This regulation applies if:
(a) a person had made an application to the Commissioner before the commencement; and
(b) the Commissioner decides the application after the commencement.
(2) The new legislation applies in relation to:
(a) giving notice of the decision; and
(b) a person's entitlement to apply for a review of the decision.
102 Referrals to former Tribunal
(1) This regulation applies if, before the commencement:
(a) the Commissioner had referred a matter to the former Tribunal; and
(b) the former Tribunal had not decided the matter.
(2) The former Tribunal must continue to deal with the matter in accordance with the former legislation.
Schedule 2
repeal, insert
Schedule 2 Reviewable decisions and affected persons
regulation 74
|
Reviewable decision
|
Affected person
|
|
Decision under regulation 13 to reject
mediation or conciliation application
|
The person who made the application
|
|
Decision under regulation 17 to reject
technical inspection application
|
The person who made the application
|
|
Decision under regulation 21 to reject consumer
guarantee dispute application
|
The person who made the application
|
|
Decision under regulation 29(3) to dismiss
consumer guarantee dispute application because of absence of
applicant
|
The person who made the application
|
|
Dispute decision under
regulation 32(1)
|
A party to a consumer guarantee dispute
application
|
Part
4 Amendment of Caravan Parks
Act
22 Act
amended
This Part amends the Caravan Parks Act.
(1) Section 4, definitions application, conference, court and proceedings
omit
(2) Section 4
insert (in alphabetical order)
Tribunal means the Civil and Administrative Tribunal.
(1) Section 36, heading
omit
Commissioner may prepare
insert
Application to Tribunal for
(2) Section 36(2)
omit
Commissioner to prepare
insert
Tribunal for
(3) Section 36(3)
omit
Commissioner may
insert
Tribunal may request the Commissioner to
(1) Section 53, heading
omit
Commissioner may
insert
Tribunal may request Commissioner to
(2) Section 53(1)
omit
Commissioner
insert
Tribunal
(3) Section 53(2)
omit
all words from "Commissioner" to "may"
insert
Tribunal considers it appropriate to do so, it may request the Commissioner to
(4) Section 53(3)
omit
Commissioner's discretion, the Commissioner
insert
Tribunal's discretion, the Tribunal
(5) Section 53(3)(a)
omit
his or her
insert
its
(1) Section 125(6)
omit
Commissioner to prepare
insert
Tribunal for
(2) Section 125(7)
omit
Commissioner may
insert
Tribunal may request the Commissioner to
Parts 14 and 15
repeal, insert
A person affected by an order of the Commissioner made under the following sections may apply to the Tribunal for a review of the decision:
(a) section 141;
(b) section 145.
Part 18, heading
omit
and other provisions
insert
matters
29 Part 18, Division 1 heading amended
Part 18, Division 1 heading
omit
Transitional provisions for
30 Part 18, Divisions 2, 3 and 4 replaced
Part 18, Divisions 2, 3 and 4
repeal, insert
Division 2 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
In this Division:
appeal period means the period within which a person is entitled to appeal against the decision made by the Commissioner.
commencement means the commencement of Part 4 the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.
decision includes an order and a determination.
former Act means this Act as in force immediately before the commencement.
new legislation means the following as in force after the commencement:
(a) this Act;
(b) the Northern Territory Civil and Administrative Tribunal Act.
188 Appeal against Commissioner's decision made before commencement
(1) This section applies if:
(a) before the commencement, the Commissioner had made a decision under this Act; and
(b) one of the following circumstances applies:
(i) immediately before the commencement, the appeal period for the decision had not expired and no proceeding for an appeal had been started;
(ii) before the commencement, a proceeding for an appeal had been started but not decided.
(2) If the circumstance mentioned in subsection (1)(b)(i) applies, the former legislation continues to apply in relation to the entitlement of a person to appeal against the decision within the appeal period.
(3) The former Act continues to apply in relation to the functions and powers of the Local Court in conducting and deciding a proceeding for the appeal regardless of whether the proceeding:
(a) was being conducted before the commencement; or
(b) is started after the commencement within the review period.
189 Appeal against court's decision made before commencement
(1) This section applies if, before the commencement, the Local Court had made a decision under the Act and the appeal period had not expired.
(2) The former Act continues to apply in relation to the right of the person to appeal against the decision.
190 Commissioner's decision made after commencement
(1) This section applies if:
(a) a person had made an application to the Commissioner under section 141 or 145 before the commencement; and
(b) the Commissioner decides the application after the commencement.
(2) The new legislation applies in relation to:
(a) giving notice of the decision; and
(b) a person's entitlement to apply for a review of the decision.
191 Commissioner's or Local Court's decision made after commencement
(1) This section applies if:
(a) a person had made an application to the Commissioner or the Local Court before the commencement (other than an application to the Commissioner under section 141 or 145); and
(b) the Commissioner or the Local Court decides the application after the commencement.
(2) The Commissioner or the Local Court must continue to deal with the application in accordance with the former Act.
192 Appeals before Local Court
(1) This section applies if, before the commencement:
(a) a person had made an application to the Local Court appealing against the Commissioner's decision; and
(b) the Local Court had not decided the matter.
(2) The Local Court must continue to deal with the matter in accordance with the former Act.
Schedule 1 has effect.
Part
5 Amendment of Control of Roads
Act
32 Act
amended
This Part amends the Control of Roads Act.
(1) Section 31A(5)
omit
(2) Section 31A(6)
omit
However for
insert
In relation to
(3) Section 31A(9), definition Tribunal
omit, insert
Tribunal means the Civil and Administrative Tribunal.
After section 62
insert
Part 7 Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
63 Application before former Tribunal
(1) This section applies if, before the commencement:
(a) a person had made an application under section 31A to the former Tribunal; and
(b) the former Tribunal had not decided the application.
(2) The former Tribunal must continue to deal with the matter in accordance with the former legislation.
(3) In this section:
commencement means the commencement of Part 5 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.
former legislation means the following as in force immediately before the commencement:
(a) this Act;
(b) the Lands, Planning and Mining Tribunal Act.
former Tribunal means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act.
Part
6 Amendment of Energy Pipelines
Act
35 Act
amended
This Part amends the Energy Pipelines Act.
Section 3(1), definition Tribunal
omit, insert
Tribunal means the Civil and Administrative Tribunal.
Section 26(3) to (5)
omit
Supreme Court
insert
Tribunal
Section 56(1) to (4)
omit (all references)
Supreme Court
insert
Tribunal
After section 68
insert
Part VII Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
In this Part:
commencement means the commencement of Part 6 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.
former legislation means the following as in force immediately before the commencement:
(a) this Act;
(b) the Lands, Planning and Mining Tribunal Act.
70 Action or application to Supreme Court before commencement
(1) This section applies if, before the commencement:
(a) a person had brought an action or made an application to the Supreme Court under this Act; and
(b) the Supreme Court had not decided the matter.
(2) The Supreme Court must continue to deal with the matter in accordance with the former legislation.
71 Application to Tribunal before commencement
(1) This section applies if, before the commencement:
(a) a person had made an application to the former Tribunal; and
(b) the former Tribunal had not decided the application.
(2) The former Tribunal must continue to deal with the application in accordance with the former legislation.
(3) In this section:
former Tribunal means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act.
Part
7 Amendment of Geothermal Energy
Act
40 Act
amended
This Part amends the Geothermal Energy Act.
Section 123(1)(a)
omit
all words from "Lands" to "Act"
insert
Civil and Administrative Tribunal
Part
8 Amendment of Geothermal Energy
Regulations
42 Regulations
amended
This Part amends the Geothermal Energy Regulations.
(1) Regulation 3, definitions reviewable decision, reviewable decision notice, Tribunal and Tribunal Act
omit
(2) Regulation 3
insert (in alphabetical order)
reviewable decision, see regulation 25(1).
reviewable decision notice means a notice given under section 34 of the Northern Territory Civil and Administrative Tribunal Act.
Tribunal means the Civil and Administrative Tribunal.
Part 5
repeal, insert
A person aggrieved by a reviewable decision may apply to the Tribunal for a review of the decision.
(1) A decision that is required by these Regulations to be notified by a reviewable decision notice is a reviewable decision.
(2) A decision mentioned in subregulation (1) includes:
(a) an action taken to implement the decision; and
(b) a refusal to approve something that is the subject of an application; and
(c) a refusal to take an action that is the subject of an application.
26 Recommendation of Tribunal and subsequent decision
(1) Within 2 months after conducting a proceeding for a reviewable decision the Tribunal must:
(a) make a recommendation about the decision; and
(b) give the parties to the proceeding a written notice of the recommendation and the reasons for making it.
(2) After considering the recommendation and reasons for making it, the Minister must decide to:
(a) reverse or vary the reviewable decision (as applicable); or
(b) confirm the reviewable decision.
(3) In making the decision under subregulation (2), the Minister is not required to follow the recommendation.
(4) Within 28 days after receiving the recommendation, the Minister must give the applicant for the review a notice of the decision under subregulation (2) and the reasons for the decision.
After regulation 37
insert
Part 7 Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
In this Part:
commencement means the commencement of Part 8 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.
former legislation means the following as in force immediately before the commencement:
(a) the Act and these Regulations;
(b) the Lands, Planning and Mining Tribunal Act.
former Tribunal means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act.
new legislation means the following as in force after the commencement:
(a) the Act and these Regulations;
(b) the Northern Territory Civil and Administrative Tribunal Act.
39 Review of Minister's decision notified before commencement
(1) This regulation applies if:
(a) before the commencement, the Minister had given a person a reviewable decision notice for a reviewable decision; and
(b) one of the following circumstances applies:
(i) immediately before the commencement, the review period for the decision had not expired and the person had not applied for a review of the decision;
(ii) before the commencement, the person had applied for a review of the decision and the proceeding for the review had not been decided.
(2) If the circumstance mentioned in subregulation (1)(b)(i) applies, the former legislation continues to apply in relation to the entitlement of the person to apply for a review or the decision within the review period.
(3) The former legislation continues to apply in relation to the functions and powers of the former Tribunal in conducting and deciding a proceeding for the review regardless of whether the proceeding:
(a) was being conducted before the commencement; or
(b) is started after the commencement within the review period.
(4) In this regulation:
review period means the period within which a person given a reviewable decision notice is entitled to apply for a review of the decision mentioned in the notice.
40 Minister's decision made after commencement
(1) This regulation applies if:
(a) a person had made an application to the Minister before the commencement; and
(b) the Minister decides the application after the commencement.
(2) The new legislation applies in relation to:
(a) giving notice of the decision; and
(b) a person's entitlement to apply for a review of the decision.
41 Applications to former Tribunal
(1) This regulation applies if, before the commencement:
(a) a person had made an application to the former Tribunal; and
(b) the former Tribunal had not decided the matter.
(2) The former Tribunal must continue to deal with the matter in accordance with the former legislation.
Part
9 Amendment of Health Practitioner Regulation (National Uniform Legislation)
Act
46 Act
amended
This Part amends the Health Practitioner Regulation (National Uniform Legislation) Act.
(1) Section 6(1)
omit
all words from "Health Professional" to "Act"
insert
Civil and Administrative Tribunal
(2) Section 6(4), definition President of the Tribunal
omit, insert
President of the Tribunal means the President as defined in the Northern Territory Civil and Administrative Tribunal Act.
Part
10 Amendment of Health Practitioners
Act
48 Act
amended
This Part amends the Health Practitioners Act.
(1) Section 4, definition inquiry
omit
(2) Section 4, definition Tribunal
omit, insert
Tribunal means the Civil and Administrative Tribunal.
Part 3
repeal, insert
63 Constitution of Tribunal for matters under the Law
(1) For each matter for which the Tribunal has functions under this Act or the Health Practitioner Regulation National Law (NT) (including, for example, a matter referred to it about a registered health practitioner, or an appeal against a decision not to register a person), the Tribunal consists of:
(a) a member who is a legal practitioner; and
(b) a member who:
(i) is a registered health practitioner in the health profession to which the matter relates; and
(ii) has no conditions or undertakings on his or her registration; and
(iii) has skills, knowledge or experience relevant to the matter; and
(c) a member who is not engaged in the health profession to which the matter relates, but who is:
(i) familiar with the interests of persons dealing with persons engaged in the health profession; or
(ii) has knowledge or experience enabling the member to understand those interests.
(2) Subsection (1) does not apply in relation to the following:
(a) a hearing at which the Tribunal makes a decision other than a final decision;
(b) a hearing at which the Tribunal makes a final decision with the consent of the parties;
(c) a compulsory conference or mediation under the Northern Territory Civil and Administrative Tribunal Act.
(3) In this section:
condition has the same meaning as in the Health Practitioner Regulation National Law (NT).
registered health practitioner means a person who is registered under the Health Practitioner Regulation National Law (NT) to practise a health profession, other than as a student.
undertaking has the same meaning as in the Health Practitioner Regulation National Law (NT).
The Tribunal must hear each matter for which it has functions under the Health Practitioner Regulation National Law (NT).
Note for section 64
See section 6 of the Health Practitioner Regulation (National Uniform Legislation) Act.
(1) The Tribunal may deal with one or more notifications about a health practitioner in its proceedings.
(2) If, during proceedings for a notification (the first notification) relating to a health practitioner, the Tribunal considers that an additional notification could have been made about the health practitioner, the Tribunal may:
(a) take the additional notification to have been referred to the Tribunal; and
(b) deal with the additional notification in the proceedings for the first notification.
(3) The Tribunal may deal with the additional notification:
(a) instead of, or in addition to, the first notification; and
(b) whether or not the additional notification could have been made by the same entity that made the first notification.
(1) The Tribunal may, by written notice, require the person who is the subject of a matter for which the Tribunal has functions to have one or more medical examinations at the expense of the National Board for the health profession to which the matter relates.
(2) The Tribunal must not require a person to have a medical examination under subsection (1) unless it is reasonable to do so for the proceeding for the matter.
(3) A notice under subsection (1) must specify:
(a) the name of the health practitioner who is to carry out the medical examination; and
(b) the date, time and place of the medical examination.
(4) The date, time and place specified for a medical examination must be reasonable.
(5) The health practitioner who carries out the medical examination must provide the Tribunal, and the person examined, with a written report of the results of the examination.
(6) In this section:
medical examination includes an examination of the physical, psychological and mental capacities of a person.
Part 7
repeal
Section 106(2)
omit
(1) Section 108(1)
omit, insert
(1) A person must not, without reasonable excuse, fail to assist an inspector in relation to an investigation being carried out by the inspector.
Maximum penalty: 100 penalty units or imprisonment for 6 months.
(2) Section 108(2)
omit
or the Tribunal
(1) Section 110(1)
omit, insert
(1) A person must not fail to leave any proceedings of the Pharmacy Committee when ordered to do so by the Pharmacy Committee.
Maximum penalty: 50 penalty units.
(2) Section 110(2)
omit
Section 112(1)
omit, insert
(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in providing the Pharmacy Committee with information.
(1) Section 120(1)
omit
(1)
(2) Section 120(2)
omit
Section 121(a) to (d)
omit
or the Tribunal
After section 153
insert
Part 13 Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
In this Part:
appellable decision means an appellable decision as defined in section 199(1) of the Health Practitioner Regulation National Law (NT).
commencement means the commencement of Part 10 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.
former legislation means the following as in force immediately before the commencement:
(a) this Act;
(b) the Health Practitioner Regulation (National Uniform Legislation) Act.
former Tribunal means the Health Professional Review Tribunal as in existence under this Act immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act.
new legislation means the following as in force after the commencement:
(a) this Act;
(b) the Health Practitioner Regulation (National Uniform Legislation) Act;
(c) the Northern Territory Civil and Administrative Tribunal Act.
155 Appellable decision notified before commencement
(1) This section applies if:
(a) before the commencement, a National Board or a panel had made an appellable decision; and
(b) one of the following circumstances applies:
(i) immediately before the commencement, the appeal period for the decision had not expired and no proceeding for an appeal had been started;
(ii) before the commencement, a proceeding for an appeal had been started but not decided.
(2) If the circumstance mentioned in subsection (1)(b)(i) applies, the former legislation continues to apply in relation to the entitlement of a person to appeal against the decision within the appeal period.
(3) The former legislation continues to apply in relation to the functions and powers of the former Tribunal in conducting and deciding a proceeding for the appeal regardless of whether the proceeding:
(a) was being conducted before the commencement; or
(b) is started after the commencement within the appeal period.
(4) In this section:
appeal period means the period within which a person is entitled to appeal an appellable decision.
156 Appellable decision made after commencement
(1) This section applies if:
(a) before the commencement, a person or the National Board started the process to initiate the making of an appellable decision by the National Board or panel; and
(b) the National Board or panel makes the appellable decision after the commencement.
(2) The new legislation applies in relation to:
(a) giving notice of the appellable decision; and
(b) a person's entitlement to appeal against the appellable decision.
157 Appeals and matters before former Tribunal
(1) This section applies if, before the commencement:
(a) one of the following circumstances applied:
(i) a person had appealed against an appellable decision of the former Tribunal;
(ii) the National Board had referred a matter to the former Tribunal under section 193 of the Health Practitioner Regulation National Law (NT).
(2) The former Tribunal must continue to deal with the appeal or matter in accordance with the former legislation.
158 Decision to refer matter to former Tribunal
(1) This section applies if, before the commencement, the National Board had decided to refer a matter to the former Tribunal under section 193 of the of the Health Practitioner Regulation National Law (NT) but had not done so.
(2) The former legislation continues to apply in relation to:
(a) the referral of the matter by the National Board to the former Tribunal; and
(b) the functions and powers of the former Tribunal in dealing with the matter.
59 Schedules 4, 5 and 6 repealed
Schedules 4, 5 and 6
repeal
Part
11 Amendment of Heritage
Act
60 Act
amended
This Part amends the Heritage Act.
(1) Section 4, definitions review notice and Tribunal
omit
(2) Section 4
insert (in alphabetical order)
review notice means a notice given under section 34 of the Northern Territory Civil and Administrative Tribunal Act.
Tribunal means the Civil and Administrative Tribunal.
(1) After section 81(1)
insert
(1A) The following persons are parties to a proceeding for an application for the confirmation of a stop work order:
(a) the Territory;
(b) each interested person for the heritage place or object to which the application relates.
(2) Section 81, note
omit
63 Sections 91 and 92 replaced
Sections 91 and 92
repeal, insert
91 Application to Tribunal for review
(1) An affected person may apply to the Tribunal for a review of a reviewable decision.
(2) The following persons are parties to a proceeding for an application to review a reviewable decision:
(a) the applicant;
(b) the Territory.
64 Part 8.2, Division 1 heading inserted
Before section 151, in Part 8.2
insert
Division 1 Heritage Act 2011
65 Part 8.2, Division 2 inserted
After section 162
insert
Division 2 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
In this Division:
commencement means the commencement of Part 11 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.
former legislation means the following as in force immediately before the commencement:
(a) this Act;
(b) the Lands, Planning and Mining Tribunal Act.
former Tribunal means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act.
new legislation means the following as in force after the commencement:
(a) this Act;
(b) the Northern Territory Civil and Administrative Tribunal Act.
164 Review of Council's or Minister's decision made before commencement
(1) This section applies if:
(a) before the commencement, the Council or Minister had given a person a review notice for a reviewable decision; and
(b) one of the following circumstances applies:
(i) immediately before the commencement, the review period for the decision had not expired and the person had not applied for a review of the decision;
(ii) before the commencement, the person had applied for a review of the decision and the proceeding for the review had not been decided.
(2) If the circumstance mentioned in subsection (1)(b)(i) applies, the former legislation continues to apply in relation to the entitlement of the person to apply for a review of the decision within the review period.
(3) The former legislation continues to apply in relation to the functions and powers of the former Tribunal in conducting and deciding a proceeding for the review regardless of whether the proceeding:
(a) was being conducted before the commencement; or
(b) is started after the commencement within the review period.
(4) In this section:
review period means the period within which a person given a review notice is entitled to apply for a review of the reviewable decision mentioned in the notice.
165 Council's or Minister's decision made after commencement
(1) This section applies if:
(a) a person had made an application to the Council or Minister before the commencement; and
(b) the Council or Minister makes a reviewable decision for the application after the commencement.
(2) The new legislation applies in relation to:
(a) giving a review notice for the decision; and
(b) a person's entitlement to apply for a review of the decision.
166 Applications before former Tribunal
(1) This section applies if, before the commencement:
(a) a person had made an application to the former Tribunal for the review of the merits of a reviewable decision; and
(b) the former Tribunal had not completed the review.
(2) The former Tribunal must continue to deal with the review in accordance with the former legislation.
Part
12 Amendment of Lands Acquisition
Act
66 Act
amended
This Part amends the Lands Acquisition Act.
Section 4(1), definition Tribunal
omit, insert
Tribunal means the Civil and Administrative Tribunal.
Section 37(5)(b)
omit
all words from "under" to "Act"
(1) Section 38, before "At"
insert
(1)
(2) Section 38, at the end
insert
(2) The Tribunal must not proceed to hear and make recommendations about the objection unless the parties to the proceeding have complied with sections 36, 37 and 38.
(3) For subsection (2), the non-participation in the consultation process by the party objecting to the acquisition is not a ground for refusal by the Tribunal to hear and make recommendations about the objection.
Part IX
repeal
After section 95
insert
Part XI Transitional matters for Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
96 Applications before former Tribunal
(1) This section applies if, before the commencement:
(a) a person had made an application to the former Tribunal; and
(b) the former Tribunal had not decided the application.
(2) The former Tribunal must continue to deal with the application in accordance with the former legislation.
(3) In this section:
application includes a referral or objection.
commencement means the commencement of Part 12 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.
former legislation means the following as in force immediately before the commencement:
(a) this Act;
(b) the Lands, Planning and Mining Tribunal Act.
former Tribunal means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act.
Part
13 Amendment of Mineral Titles
Act
72 Act
amended
This Part amends the Mineral Titles Act.
Section 8, definition Tribunal
omit, insert
Tribunal means the Civil and Administrative Tribunal.
After section 78(5)
insert
(6) The following persons are parties to a hearing mentioned in subsection (2)(d):
(a) the person who applied for the grant of the mineral title; and
(b) any person objecting to the grant of the mineral title.
Section 110(4)(b)
omit
all words from "under" to "Act"
(1) Section 161(1)
omit
Lands, Planning and Mining Tribunal Act
insert
Northern Territory Civil and Administrative Tribunal Act
(2) Section 161(2)
omit
under the Lands, Planning and Mining Tribunal Act
Section 162(b)
omit
Lands, Planning and Mining Tribunal Act
insert
Northern Territory Civil and Administrative Tribunal Act
78 Part 12 and Part 12, Division 1 headings replaced
Part 12 and Part 12, Division 1 headings
omit, insert
Part 12 Repeals and transitional matters
Division 1 Mineral Titles Act 2010
Subdivision 1 Preliminary matters
79 Part 12, Division 2 heading amended
Part 12, Division 2, heading
omit
Division
insert
Subdivision
80 Part 12, Division 3 heading amended
Part 12, Division 3, heading
omit
Division
insert
Subdivision
81 Part 12, Division 4 heading amended
Part 12, Division 4, heading
omit
Division
insert
Subdivision
82 Part 12, Division 5 heading amended
Part 12, Division 5, heading
omit
Division
insert
Subdivision
83 Part 12, Division 6 heading amended
Part 12, Division 6, heading
omit
Division
insert
Subdivision
84 Part 12, Division 7 heading amended
Part 12, Division 7, heading
omit
Division
insert
Subdivision
85 Part 12, Division 2 inserted
After section 214
insert
Division 2 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
215 Application made to former Tribunal
(1) This section applies if, before the commencement:
(a) a person had made an application to the former Tribunal under section 161(1) or (2); and
(b) the former Tribunal had not decided the application.
(2) The former Tribunal must continue to deal with the application in accordance with the former legislation.
(3) In this section:
commencement means the commencement of Part 13 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.
former legislation means the following as in force immediately before the commencement:
(a) this Act;
(b) the Lands, Planning and Mining Tribunal Act.
former Tribunal means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act.
Part
14 Amendment of Mineral Titles
Regulations
86 Regulations
amended
This Part amends the Mineral Titles Regulations.
(1) Regulation 3, definition review notice
omit
(2) Regulation 3, definition reviewable decision
omit
117
insert
114(2)
Part 10
repeal, insert
Part 10 Applications to Tribunal and other matters
114 Application for review of reviewable decision
(1) A person may apply to the Tribunal for a review of a reviewable decision.
(2) A reviewable decision is a decision made by the Minister mentioned in Schedule 2.
115 Recommendation of Tribunal and subsequent decision
(1) Within 2 months after conducting a proceeding relating to a review of a reviewable decision, the Tribunal must:
(a) make a recommendation about the decision; and
(b) give the parties to the proceeding a written notice of the Tribunal's recommendation and the reasons for making it.
(2) After considering the recommendation and reasons for making it, the Minister must decide to:
(a) reverse or vary the reviewable decision; or
(b) confirm the reviewable decision.
(3) In making the decision under subregulation (2), the Minister is not required to follow the recommendation.
(4) Within 28 days after receiving the recommendation, the Minister must give the applicant for the review a notice of the decision under subregulation (2) and the reasons for the decision.
(1) A person may apply to the Tribunal for a decision about a dispute relating to preliminary exploration, a mineral title, a title area, a proposed title area or fossicking.
(2) Without limiting subregulation (1), the dispute may relate to any of the following:
(a) the area, dimensions and boundaries of land being surveyed for a proposed title area or title area;
(b) the entry onto land to conduct preliminary exploration or fossicking, to conduct authorised activities under a mineral title or to construct, maintain and use infrastructure under an access authority;
(c) the use of a landowner's water by a person who is conducting preliminary exploration or fossicking or by the holder of a mineral title;
(d) the entry onto a title area by a person other than the holder of the title;
(e) contractual obligations relating to mineral titles;
(f) mineral rights interests.
(3) This regulation does not apply in relation to an application mentioned in section 161(1) or (2) of the Act.
89 Part 12, Division 1 heading replaced
Part 12, Division 1 heading
omit, insert
Division 1 Mineral Titles Act 2010
Subdivision 1 Existing applications
90 Part 12, Division 2 heading amended
Part 12, Division 2, heading
omit
Division
insert
Subdivision
91 Part 12, Division 3 heading amended
Part 12, Division 3, heading
omit
Division
insert
Subdivision
92 Part 12, Division 2 inserted
After regulation 142
insert
Division 2 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
In this Division:
commencement means the commencement of Part 14 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.
former legislation means the following as in force immediately before the commencement:
(a) these Regulations;
(b) the Lands, Planning and Mining Tribunal Act.
former Tribunal means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act.
new legislation means the following as in force after the commencement:
(a) these Regulations;
(b) the Northern Territory Civil and Administrative Tribunal Act.
144 Review of Minister's decision notified before commencement
(1) This regulation applies if:
(a) before the commencement, the Minister had given a person a review notice for a reviewable decision; and
(b) one of the following circumstances applies:
(i) immediately before the commencement, the review period for the decision had not expired and the person had not applied for a review of the decision;
(ii) before the commencement, the person had applied for a review of the decision and the proceeding for the review had not been decided.
(2) If the circumstance mentioned in subregulation (1)(b)(i) applies, the former legislation continues to apply in relation to the entitlement of the person to apply for a review of the decision within the review period.
(3) The former legislation continues to apply in relation to the functions and powers of the former Tribunal in conducting and deciding a proceeding for the review regardless of whether the proceeding:
(a) was being conducted before the commencement; or
(b) is started after the commencement within the review period.
(4) In this regulation:
review period means the period within which a person given a review notice is entitled to apply for a review of, or to appeal against, the reviewable decision mentioned in the notice.
145 Minister's decision made after commencement
(1) This regulation applies if:
(a) a person had made an application to the Minister for a reviewable decision before the commencement; and
(b) the Minister decides the application after the commencement.
(2) The new legislation applies in relation to:
(a) giving notice of the reviewable decision; and
(b) a person's entitlement to apply for a review of the decision.
146 Application made to former Tribunal
(1) This regulation applies if, before the commencement:
(a) a person had made an application to the former Tribunal under the former legislation; and
(b) the former Tribunal had not decided the application.
(2) The former Tribunal must continue to deal with the application in accordance with the former legislation.
(3) The person may appeal to the Supreme Court against the decision of the Tribunal only on a question of law.
Part
15 Amendment of Pastoral Land
Act
93 Act
amended
This Part amends the Pastoral Land Act.
(1) Section 3(1), definition Appeal Tribunal
omit
(2) Section 3(1)
insert (in alphabetical order)
registered native title body corporate has the meaning given in section 253 of the NTA.
registered native title claimant has the meaning given in section 253 of the NTA or, if the claimant is replaced under section 66B of the NTA, means the person who replaced the claimant.
registered native title rights and interests means:
(a) in relation to a registered native title claimant – the native title rights and interests of the claimant described in the relevant entry on the Register of Native Title Claims, established and maintained in accordance with Part 7 of the NTA; and
(b) in relation to a registered native title body corporate – the native title rights and interests of the body corporate described in the relevant entry on the National Native Title Register established and maintained under Part 8 of the NTA.
Tribunal means the Civil and Administrative Tribunal.
Section 112
repeal
Part 9, heading
omit
Appeals and review
insert
Jurisdiction of Tribunal
97 Part 9, Division 1 repealed
Part 9, Division 1
repeal
98 Part 9, Division 2 heading omitted
Part 9, Division 2 heading
omit
99 Sections 117 and 118 inserted
Before section 119, in Part 9
insert
117 Jurisdiction of Tribunal in relation to extension or grant of pastoral lease
The Tribunal may hear and make recommendations about objections by registered native title claimants and registered native title bodies corporate to the extension or grant of a pastoral lease under section 49, 61, 62 or 64 of the Act so far as it affects the registered native title rights and interests of the claimants and bodies.
118 Jurisdiction of Tribunal for decisions under Part 8
A person who is aggrieved by a decision of the Minister under Part 8 may apply to the Tribunal for a review of the decision.
(1) Section 119, heading
omit
Appeal against certain
insert
Jurisdiction of Tribunal for other
(2) Section 119(1)
omit
appeal to the Appeal Tribunal against
insert
apply to the Tribunal for a review of
(3) Section 119(2)
omit
appeal
insert
application
(4) Section 119(3)
omit
an appeal under subsection (1)(b) the appellant
insert
a review under subsection (1)(b) the applicant
(5) Section 119(4) to (6)
omit
Section 120
repeal
Section 122(d)
omit
Appeal
Part
16 Amendment of Pastoral Land
Regulations
103 Regulations
amended
This Part amends the Pastoral Land Regulations.
Part 7
repeal
Regulation 30
omit
against which a right of appeal lies
insert
the action or decision may be reviewed by the Tribunal
Part
17 Amendment of Petroleum
Act
106 Act
amended
This Part amends the Petroleum Act.
Section 5(1), definition Tribunal
omit, insert
Tribunal means the Civil and Administrative Tribunal.
Section 57H(5)
omit
all words from "under" to "Act"
(1) Section 57J, before "At"
insert
(1)
(2) Section 57J, at the end
insert
(2) The Tribunal must not proceed to hear and make recommendations about objections unless the parties to the proceeding have complied with subsection (1) and sections 57G and 57H.
(3) For subsection (2), non-participation in the consultation process by the party objecting to the prescribed petroleum act is not a ground for refusal by the Tribunal to hear and make recommendations about the objections.
(1) Section 103, heading
omit
Appeals
insert
Applications
(2) Section 103(1) to (4)
omit
Supreme Court
insert
Tribunal
Part VII heading
omit, insert
Part VII Transitional matters
Division 1 Petroleum Amendment and Related Matters Act 2010
112 Part VIII heading replaced
Part VIII heading
omit, insert
Division 2 Petroleum Amendment Act 2013
113 Part VII, Division 3 inserted
After section 124
insert
Division 3 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
125 Application or referral before former Tribunal
(1) This section applies if, before the commencement:
(a) one of the following circumstances applied:
(i) a person had made an application to the former Tribunal;
(ii) the Minister had referred a matter to the former Tribunal; and
(b) the former Tribunal had not decided the application or matter.
(2) The former Tribunal must continue to deal with the application or matter in accordance with the former legislation.
(3) In this section:
commencement means the commencement of Part 17 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.
former legislation means the following as in force immediately before the commencement:
(a) this Act;
(b) the Lands, Planning and Mining Tribunal Act.
former Tribunal means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act.
Part
18 Amendment of Planning
Act
114 Act
amended
This Part amends the Planning Act.
(1) Section 3(1), definitions Appeals Tribunal, appellant and notice of appeal
omit
(2) Section 3(1)
insert (in alphabetical order)
Tribunal means the Civil and Administrative Tribunal.
(3) Section 3(1), definition party
omit
an appeal
insert
a review
(4) Section 3(1), definition Registrar
omit
Lands, Planning and Mining Tribunal Act
insert
Northern Territory Civil and Administrative Tribunal Act
116 Part 9, Division 1 replaced
Part 9, Division 1
repeal, insert
Division 1 Jurisdiction of Tribunal
The Tribunal has the jurisdiction specified in this Division.
117 Part 9, Division 2 heading omitted
Part 9, Division 2, heading
omit
Section 118
repeal
119 Part 9, Division 4 repealed
Part 9, Division 4
repeal
120 Part 9, Division 5 heading omitted
Part 9, Division 5, heading
omit
121 Sections 127 to 129 and 131 to 133 repealed
Sections 127 to 129 and 131 to 133
repeal
122 Part 12 and Part 12, Division 1 headings replaced
Part 12 and Part 12, Division 1 headings
omit, insert
Part 12 Other transitional matters
Division 1 Planning Amendment Act 2005
Subdivision 1 Preliminary matters
123 Part 12, Division 2 heading amended
Part 12, Division 2, heading
omit
Division
insert
Subdivision
124 Part 12, Division 3 heading amended
Part 12, Division 3, heading
omit
Division
insert
Subdivision
125 Part 12, Division 4 heading amended
Part 12, Division 4, heading
omit
Division
insert
Subdivision
126 Part 12, Division 5 heading amended
Part 12, Division 5, heading
omit
Division
insert
Subdivision
127 Part 12, Division 6 heading amended
Part 12, Division 6, heading
omit
Division
insert
Subdivision
128 Part 12, Division 7 heading amended
Part 12, Division 7, heading
omit
Division
insert
Subdivision
Part 13, heading
omit, insert
Division 2 Land Title and Related Legislation Amendment Act 2008
130 Part 12, Division 3 inserted
After section 202
insert
Division 3 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
In this Division:
commencement means the commencement of Part 18 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act.
former legislation means the following as in force immediately before the commencement:
(a) this Act;
(b) the Lands, Planning and Mining Tribunal Act.
former Tribunal means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act.
new legislation means the following as in force after the commencement:
(a) this Act;
(b) the Northern Territory Civil and Administrative Tribunal Act.
204 Appeal relating to consent authority's or service authority's determination
(1) This section applies if, before the commencement, a person had a right of appeal under an appeal provision in relation to a determination.
(2) If, before the commencement, the person had not started a proceeding for an appeal and the appeal period under the relevant appeal provision had not expired:
(a) the person may appeal to the former Tribunal against the decision; and
(b) the former legislation applies in relation to the appeal.
(3) If, before the commencement, a person had started a proceeding for an appeal and the former Tribunal had not decided the proceeding, the former legislation applies in relation to the appeal.
(4) In this section:
appeal period means the period within which a person had the right to appeal in relation to a determination as specified in the relevant appeal provision.
appeal provision means sections 111 to 117 as in force immediately before the commencement.
determination includes a failure to give notice of a determination as specified in the relevant appeal provision.
205 Consent authority's or service authority's determination made after commencement
(1) This section applies if:
(a) a person had made an application to the consent authority or a service authority before the commencement; and
(b) the consent authority or the service authority determines the application after the commencement.
(2) The new legislation applies in relation to:
(a) giving notice of the decision; and
(b) a person's entitlement to apply for a review of the decision.
206 Application before former Tribunal
(1) This section applies if, before the commencement:
(a) a person had made an application under this Act to the former Tribunal; and
(b) the former Tribunal had not decided the application.
(2) The former Tribunal must continue to deal with the application in accordance with the former legislation.
Schedule 2 has effect.
Part
19 Amendment of Residential Tenancies
Act
132 Act
amended
This Part amends the Residential Tenancies Act.
(1) Section 4, definition court
omit
(2) Section 4
insert (in alphabetical order)
Tribunal means the Civil and Administrative Tribunal.
(1) Section 27, heading
omit
Commissioner may prepare
insert
Application to Tribunal for
(2) Section 27(1)
omit
Commissioner
insert
Tribunal
(3) Section 27(2)
omit
all words from "Commissioner" to "subsection (1)"
insert
Tribunal may, on receipt of an application under subsection (1), request the Commissioner to
(4) Section 27(3)
omit
Commissioner
insert
Tribunal
(1) Section 42A, heading
omit
Commissioner may
insert
Tribunal may request Commissioner to
(2) Section 42A(1)
omit
Commissioner
insert
Tribunal
(3) Section 42A(2)
omit
all words from "Commissioner considers" to "may"
insert
Tribunal considers it appropriate to do so, the Tribunal may request the Commissioner to
(4) Section 42A(3)
omit
Commissioner's discretion, the Commissioner
insert
Tribunal's discretion, the Tribunal
(1) Section 110(6)
omit
Commissioner
insert
Tribunal
(2) Section 110(7)
omit
all words from "Commissioner may" to "subsection (6),"
insert
Tribunal may, on receipt of an application under subsection (6), request the Commissioner to
Parts 14 and 15
repeal
Part 18, heading
omit, insert
Part 18 Transitional matters
Division 1 Application of former Tenancy Act
Part 20, heading
omit, insert
Division 2 Residential Tenancies Amendment Act 2010
Part 21, heading
omit, insert
Division 3 Caravan Parks Act 2012
141 Part 18, Division 4 inserted
After section 166
insert
Division 4 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014
In this Division:
appeal period means the period within which a person is entitled to appeal against the decision made by the Commissioner.
commencement means the commencement of Part 19 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.
decision includes an order or determination.
former Act means this Act as in force immediately before the commencement.
new legislation means the following as in force after the commencement:
(a) this Act;
(b) the Northern Territory Civil and Administrative Tribunal Act.
168 Appeal against Commissioner's decision made before commencement
(1) This section applies if:
(a) before the commencement, the Commissioner had made a decision under this Act; and
(b) one of the following circumstances applies:
(i) immediately before the commencement, the appeal period for the decision had not expired and no proceeding for an appeal had been started;
(ii) before the commencement, a proceeding for an appeal had been started but not decided.
(2) If the circumstance mentioned in subsection (1)(b)(i) applies, the former legislation continues to apply in relation to the entitlement of a person to appeal against the decision within the appeal period.
(3) The former Act continues to apply in relation to the functions and powers of the Local Court in conducting and deciding a proceeding for the appeal regardless of whether the proceeding:
(a) was being conducted before the commencement; or
(b) is started after the commencement within the review period.
169 Appeal against court's decision made before commencement
(1) This section applies if, before the commencement, the Local Court had made a decision under the Act and the appeal period had not expired.
(2) The former legislation continues to apply in relation to the right of the person to appeal against the decision.
170 Commissioner's or Local Court's decision made after commencement
(1) This section applies if:
(a) a person had made an application to the Commissioner or the Local Court before the commencement (other than an application to the Commissioner under section 141 or 145); and
(b) the Commissioner or the Local Court decides the application after the commencement.
(2) The Commissioner or the Local Court must continue to deal with the application in accordance with the former legislation.
171 Appeals before Local Court
(1) This section applies if, before the commencement:
(a) a person had made an application to the Local Court appealing against the Commissioner's decision; and
(b) the Local Court had not decided the matter.
(2) The Local Court must continue to deal with the matter in accordance with the former legislation.
Schedule 3 has effect.
Part
20 Amendment of other
laws
143 Other
laws amended
Schedule 4 amends the laws mentioned in it.
Part 21 Expiry
of
Act
144 Expiry
of Act
This Act expires on the day after it commences
Schedule 1 Caravan Parks Act further amended
section 31
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
section 12(1)(b)
|
Commissioner or a court
|
Tribunal
|
|
section 18(1)(c)
|
all words from "agreements" to "Act"
|
agreements;
|
|
section 27(4)
|
Commissioner or a court
|
Tribunal
|
|
section 30(1)
|
a court
the court
|
the Tribunal
the Tribunal
|
|
section 30(2)
|
court
|
Tribunal
|
|
sections 37(1) and 44(3)(a)
|
Commissioner
|
Tribunal
|
|
section 52, heading
|
Commissioner
|
Tribunal
|
|
section 52(1) and (2)
|
Commissioner
|
Tribunal
|
|
section 52(2)
|
he or she
|
it
|
|
section 52(3)
|
all words from "Commissioner" to "she"
|
Tribunal may only make the declaration if
it
|
|
section 52(4)
|
all words from "Commissioner" to "she"
|
Tribunal declares the rent payable is excessive,
it
|
|
sections 52(6) and 54(4)
|
Commissioner may, as he or she
|
Tribunal may, as it
|
|
section 56, heading
|
Commissioner
|
Tribunal
|
|
section 56(1) to (3)
|
Commissioner
|
Tribunal
|
|
section 64(4)
|
Commissioner or a court
|
Tribunal
|
|
section 74(4)
|
Commissioner
|
Tribunal
|
|
section 76, heading
|
Commissioner
|
Tribunal
|
|
section 76(1)
|
Commissioner
|
Tribunal
|
|
section 90, heading
|
Commissioner
|
Tribunal
|
|
section 90(1)
|
Commissioner, he or she
|
Tribunal, it
|
|
section 95(a)
|
, the Commissioner or a court
|
or the Tribunal
|
|
section 95(c)
|
Commissioner or a court
|
Tribunal
|
|
section 97, heading
|
Commissioner
|
Tribunal
|
|
section 97(1), (3) and (4)
|
Commissioner
|
Tribunal
|
|
section 108(2)(e)
|
Commissioner or a court
|
Tribunal
|
|
section 108(4)(b)
|
Commissioner
|
Tribunal
|
|
sections 109(2)(e) and 110(2)(e)
|
Commissioner or a court
|
Tribunal
|
|
Part 10, Division 5, heading
|
Commissioner or court
|
Tribunal
|
|
section 111(1)
|
A court
the court
|
The Tribunal
the Tribunal
|
|
section 111(2) and (3)
|
court
(all references) |
Tribunal
|
|
sections 112 and 113(1)
|
a court
the Court
|
the Tribunal
the Tribunal
|
|
section 113(2)
|
court
|
Tribunal
|
|
section 114(1)
|
a court
the court
|
the Tribunal
the Tribunal
|
|
section 114(2) and (3)
|
court
(all references) |
Tribunal
|
|
section 115(1) and (2)
|
Commissioner or a court
Commissioner or the court
|
Tribunal
Tribunal
|
|
section 116(1)(b)
|
Commissioner
|
Tribunal
|
|
section 116(2)
|
as mentioned in section 150(3), the
Commissioner
|
, the Tribunal
|
|
section 116(3)
|
all words from ", after" to "she"
|
the Tribunal
|
|
section 116(3)(a) and (b), (4) and
(5)
|
Commissioner
(all references) |
Tribunal
|
|
section 116(4)
|
he or she
|
it
|
|
section 120, heading
|
Commissioner or court
|
Tribunal
|
|
section 120(1)
|
Commissioner or a court
|
Tribunal
|
|
section 120(2)
|
Commissioner or the
court
(all references) |
Tribunal
|
|
section 121, heading
|
Commissioner or court
|
Tribunal
|
|
section 121(1)
|
Commissioner or a court
Commissioner or the court
|
Tribunal
Tribunal
|
|
section 121(2)
|
Commissioner or a court
|
Tribunal
|
|
section 121(3)
|
Commissioner or the court
Commissioner or court
|
Tribunal
Tribunal
|
|
section 122(1)(b)
|
Commissioner or a court
|
Tribunal
|
|
section 123(1)
|
a court
|
the Tribunal
|
|
section 123(3)
|
court before which proceedings for possession of the
property are brought
|
Tribunal
|
|
section 123(4)
|
court
|
Tribunal
|
|
sections 124(3) and 126
|
Commissioner
(all references) |
Tribunal
|
|
section 127(4)(g) and (6)(d)
|
Commissioner or a court
|
Tribunal
|
|
section 127(8)(a) and (b) and
(9)(a)
|
Commissioner
(all references) |
Tribunal
|
|
section 128, heading
|
Commissioner
|
Tribunal
|
|
sections 128(1) and (2) and 131(2) and
(3)
|
Commissioner
(all references) |
Tribunal
|
|
section 134, heading
|
Commissioner
|
Tribunal
|
|
sections 134(1) and (2), 136(2) and 137(1) and
(3)
|
Commissioner
(all references) |
Tribunal
|
|
section 137(4)
|
or another court
|
, another court or the Tribunal
|
|
section 137(5)
|
Commissioner
|
Tribunal
|
Schedule 2 Planning Act further amended
section 131
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
section 2A(2)(g)
|
appeals
|
review
|
|
sections 30R(3)(a)
and 30U(2)(b)(i)
|
appeals
|
applications
|
|
section 30X(1)(b)(ii)
|
appeal
|
review
|
|
section 30X(3)(c)(i) and (ii)
|
appeal against
|
apply for review of
|
|
sections 30Y(1)(b)(ii) and (3)(c)(ii)
|
appeal
|
review
|
|
sections 30Y(3)(c)(i) and 30Z(3)(c)
|
appeal against
|
apply for review of
|
|
section 30ZA(1)(b)
|
Appeals
|
|
|
section 46(5)
|
whole subsection
|
|
|
sections 53A(1)(b) and (3)(c), 53B(1)(b) and (3)(c)
and 53C(2)(c)
|
appeal
(all references) |
review
|
|
section 54(2)(a)
|
appeals
Appeals
|
applies
|
|
section 54(2)(b)
|
appeals
appeal
|
applies
application
|
|
section 81W(2), after "against,"
|
|
reviewed,
|
|
Part 9, heading
|
Appeals
|
Tribunal
|
|
section 111, heading
|
Appeal against refusal
|
Review of refusal
|
|
section 111(1AA) and (1)
|
appeal to the Appeals Tribunal against
|
apply to the Tribunal for a review of
|
|
section 111(2)
|
appeal
|
application
|
|
section 112, heading
|
Appeal
|
Review
|
|
section 112(1AA), (1) and (2)
|
appeal to the Appeals Tribunal
|
apply to the Tribunal for a review
|
|
section 112(3)
|
appeal
|
application
|
|
section 112(4)
|
appeals
|
applies
|
|
section 112(5)
|
Appeals Tribunal determines the person's
appeal
|
Tribunal determines the person's
application
|
|
section 112(6)(a)
|
appeal
|
application to the Tribunal
|
|
section 112(6)(b)
|
appeal
|
application
|
|
section 112(6)(c)
|
appeal against
|
apply for a review of
|
|
section 112(6)(d)
|
whole paragraph
|
(d) the Tribunal may, for any subsequent application
for a review, admit any evidence provided in respect of the lapsed application
that is admissible in relation to the subsequent application.
|
|
section 113, heading
|
Appeal against
|
Review of
|
|
section 113(1)
|
appeal to the Appeals Tribunal against
|
apply to the Tribunal for a review of
|
|
section 113(2)
|
appeal
|
application
|
|
section 114, heading
|
Appeal against
|
Review of
|
|
section 114(1AA) and (1)
|
appeal to the Appeals Tribunal against
|
apply to the Tribunal for a review of
|
|
section 114(2)
|
appeal
|
application
|
|
section 115, heading
|
Appeal against
|
Review of
|
|
section 115(1)
|
appeal to the Appeals Tribunal against
|
apply to the Tribunal for a review of
|
|
section 115(2)
|
appeal
|
application
|
|
section 115(3)(b)
|
appeal to the Appeals Tribunal
|
apply to the Tribunal for a review
|
|
section 115(4)
|
Appeals Tribunal determines the person's appeal made
under subsection (3)(b)
|
Tribunal determines the person's review
application
|
|
section 115(5)(a)
|
appeal under subsection (3)(b)
|
review application
|
|
section 115(5)(b)
|
appeal
|
application
|
|
section 115(5)(c)
|
appeal
|
apply
|
|
section 115(5)(d)
|
whole paragraph
|
(d) the Tribunal may, in any subsequent application
for a review, admit any evidence provided in respect of the lapsed review
application that is admissible in relation to the subsequent
application.
|
|
section 116, heading
|
Appeal against
|
Review of
|
|
section 116(1)
|
appeal to the Appeals Tribunal against
|
apply to the Tribunal for review of a
|
|
section 116(2)
|
appeal
|
application
|
|
section 117, heading
|
Appeals by third parties
|
Applications by third parties for
review
|
|
section 117(1AA) and (1)
|
appeal to the Appeals Tribunal against
|
apply to the Tribunal for review of
|
|
section 117(2)
|
appeal
|
application
|
|
section 117(3)
|
appeal
|
apply
|
|
section 117(4)
|
of appeal
|
to apply
|
|
section 117, note
|
of appeal
|
to apply
|
|
Part 9, Division 2A heading
|
all words after "Determinations"
|
for which Tribunal has no
jurisdiction
|
|
section 117A, heading
|
No appeal against
|
No review jurisdiction for
|
|
section 117A(1)
|
There is no right of appeal to the Appeals Tribunal
against
|
The Tribunal has no jurisdiction to
review
|
|
section 117A(2)
|
that a right of appeal against
|
the Tribunal has no jurisdiction to
review
|
|
Part 9, Division 3, heading
|
Beginning an appeal
|
Procedures
|
|
section 118A, heading
|
appeal
|
application for review
|
|
section 118A
|
appeal
|
application for a review
|
|
section 118A(a)
|
appeal (the appellant)
|
application (the
applicant)
|
|
section 118A(b)
|
in any appeal
appeal
|
for an application
application
|
|
section 118A(c)
|
in an appeal
appeal
|
for an application
application
|
|
section 118A(d)
|
in an appeal
|
for an application
|
|
section 119, heading
|
appeal lodged
|
application for review made
|
|
section 119
|
a notice of appeal is lodged under
section 118
the appeal
|
an application for a review is made
the application
|
|
section 120(1)
|
a notice of appeal, other than in relation to an
appeal
the appeal
|
an application, other than an
application
the application
|
|
section 120(2)
|
a notice of appeal in relation to an
appeal
the appellant
the appeal
|
an application
the applicant
the application
|
|
section 130, heading
|
appeals
|
application for review
|
|
section 130(1)
|
whole subsection
|
|
|
section 130(2)
|
an appeal, except an appeal under section 113 or
115, the Appeals
|
an application for a review, except an application
under section 113 or 115, the
|
|
section 130(3)
|
Appeals Tribunal must not determine an
appeal
|
Tribunal must not determine an application for
review of a decision
|
|
section 130(4), (5) and (7)
|
Appeals
(all references) |
|
|
section 130(4)
|
an appeal against
|
an application for a review of
|
|
section 130(4)(b) and (5)
|
an appeal
|
an application
|
|
section 130(5)(a) and (b)
|
appellant
|
applicant
|
|
section 130(6)
|
appeal by the Appeals
|
application by the
|
|
section 134(b)
|
of appeal
|
to apply for review
|
Schedule 3 Residential Tenancies Act further amended
section 142
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
section 8(b)
|
a court
|
the Tribunal
|
|
section 13(3)(c)
|
whole paragraph
|
(c) providing information to the public about this
Act and residential tenancies;
|
|
section 22(1)
|
A court
|
The Tribunal
|
|
section 22(2)
|
court
|
Tribunal
|
|
sections 26(3)(c) and (4), 28(1) and
33(3)(a)
|
Commissioner
|
Tribunal
|
|
section 42, heading
|
Commissioner
|
Tribunal
|
|
section 42(1) and (2)
|
Commissioner
|
Tribunal
|
|
section 42(2)
|
he or she
|
it
|
|
section 42(2)(b) and (3)
|
Commissioner
(all references) |
Tribunal
|
|
section 42(4)
|
all words from "Commissioner" to "she"
|
Tribunal makes a declaration under subsection (1),
it
|
|
sections 42(5) and 43(3)
|
Commissioner
(all references) |
Tribunal
|
|
section 45, heading
|
Commissioner
|
Tribunal
|
|
section 45(1) to (3)
|
Commissioner
|
Tribunal
|
|
section 51(4)
|
, the Commissioner or a court
|
or the Tribunal
|
|
section 61(3)(c) and (4)
|
Commissioner
|
Tribunal
|
|
section 63, heading
|
Commissioner
|
Tribunal
|
|
section 63(1)
|
Commissioner
|
Tribunal
|
|
section 77, heading
|
Commissioner
|
Tribunal
|
|
sections 77(1), 79(4) and 81(2)
|
Commissioner
|
Tribunal
|
|
section 82(1)(b)
|
a court or the Commissioner
|
the Tribunal
|
|
section 82(1)(d)
|
Commissioner or a court
|
Tribunal
|
|
section 84, heading
|
Commissioner
|
Tribunal
|
|
section 84
|
Commissioner
|
Tribunal
|
|
section 96A(2)(e)
|
Commissioner or a court
|
Tribunal
|
|
section 96A(4)(b)
|
Commissioner
|
Tribunal
|
|
sections 96B(2)(e) and 96C(2)(e)
|
Commissioner or a court
|
Tribunal
|
|
Part 11, Division 4, heading
|
court or Commissioner
|
Tribunal
|
|
sections 97(1) and (2), 98 and 99(1)
|
A court
|
The Tribunal
|
|
section 99(2)
|
court
|
Tribunal
|
|
section 99A(1) and (2)
|
A court
|
The Tribunal
|
|
section 99A(3)(a) and (b)
|
court
(all references) |
Tribunal
|
|
section 100(1)
|
A court
|
The Tribunal
|
|
section 100(2) and (3)
|
court
(all references) |
Tribunal
|
|
section 100A(1) and (2)
|
Commissioner or a court
|
Tribunal
|
|
section 104, heading
|
Commissioner or court
|
Tribunal
|
|
section 104(1)
|
Commissioner or a court
|
Tribunal
|
|
section 104(2)
|
Commissioner or the
court
(all references) |
Tribunal
|
|
section 105, heading
|
Commissioner or court
|
Tribunal
|
|
section 105(1) and (2)
|
Commissioner or a court
|
Tribunal
|
|
section 105(1) and (3)
|
Commissioner or the
court
(all references) |
Tribunal
|
|
section 106(b)
|
Commissioner or a court
|
Tribunal
|
|
section 107(1)
|
a court
|
the Tribunal
|
|
section 107(3)
|
a court before which proceedings for possession of
the premises are brought
|
the Tribunal
|
|
section 107(4)
|
court
|
Tribunal
|
|
sections 108(2), 109(10) and 111
|
Commissioner
|
Tribunal
|
|
section 112(3)(g) and (5)(d)
|
Commissioner or a court
|
Tribunal
|
|
section 112(7)(a) and (b) and (8)(a)
|
Commissioner
(all references) |
Tribunal
|
|
section 113, heading
|
Commissioner
|
Tribunal
|
|
sections 113(1) and (2) and 116(3)
|
Commissioner
(all references) |
Tribunal
|
|
section 116(4)
|
Commissioner or the court
|
Tribunal
|
|
section 119, heading
|
Commissioner
|
Tribunal
|
|
sections 119 and 121(2)
|
Commissioner
(all references) |
Tribunal
|
|
section 122(4)
|
or another court
|
, another court or the Tribunal
|
|
section 122(5)
|
Commissioner
|
Tribunal
|
section 143
|
Provision
|
Amendment
|
|
|
|
omit
|
insert
|
|
Lands Acquisition
Regulations
|
|
|
|
regulation 4(d)
|
whole paragraph
|
|
|
Form 3
|
Lands Acquisition Tribunal
Chairman
|
Civil and Administrative Tribunal
President
|
|
Form 4
|
whole form
|
|
|
Forms 5, 9 and 10
|
Lands Acquisition Tribunal
|
Civil and Administrative Tribunal
|
|
Planning Regulations
|
|
|
|
Part 4, heading
|
appeals
|
application for review
|
|
regulation 14, heading
|
appeal
|
application for review
|
|
regulation 14(1) to (3)
|
appeal
|
review
|
|
regulation 15, heading
|
appeal
|
application for review
|
|
regulation 15(1) to (3)
|
appeal
|
review
|
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