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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 32
Parks and
Wildlife Commission Amendment Bill 2017
Ms
Moss
A Bill for an Act to amend the Parks and Wildlife Commission Act
NORTHERN TERRITORY OF AUSTRALIA
PARKS AND WILDLIFE COMMISSION AMENDMENT ACT 2017
____________________
Act No. [ ] of 2017
____________________
Table of provisions
36 Unauthorised disclosure of confidential information
37 Disclosure of personal interest by member
37A Effect
of personal interest
Part
VI Transitional
matters for Parks and Wildlife Commission Amendment Act 2017
43 Offence
provisions – before and after commencement
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2017
____________________
An Act to amend the Parks and Wildlife Commission Act
[Assented to [ ] 2017]
[Second reading [ ] 2017]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Parks and Wildlife Commission Amendment Act 2017.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Parks and Wildlife Commission Act.
After section 3, in Part I
insert
3A Application of Criminal Code
Part IIAA of the Criminal Code applies to an offence against this Act.
Note for section 3A
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.
(1) Section 32(2)(b)
omit (all references)
his
insert
the member's
(2) Section 32(2)(c)
omit
37,
insert
37;
(3) Section 32(2)
omit
shall
insert
must
Sections 36 and 37
repeal, insert
36 Unauthorised disclosure of confidential information
(1) A member commits an offence if:
(a) the member obtains information in the course of performing duties as a member; and
(b) the member intentionally engages in conduct; and
(c) the conduct results in the disclosure of the information and the member is reckless in relation to the result.
Maximum penalty: 200 penalty units or imprisonment for 2 years.
(2) Strict liability applies to subsection (1)(a).
(3) Subsection (1) does not apply if:
(a) the member discloses the information:
(i) in the course of the member's duties as a member; or
(ii) with the consent of the person to whom the information relates; or
(iii) for legal proceedings arising out of the operation of this Act; or
(b) the information is otherwise available to the public.
Note for subsection (3)
In addition to the circumstances mentioned in subsection (3), a person who discloses confidential information will not be criminally responsible for an offence if the disclosure is justified or excused by or under a law (see section 43BE of the Criminal Code).
37 Disclosure of personal interest by member
(1) If a member has a personal interest in a matter being considered or about to be considered by the Corporation, the member must disclose the following at a meeting of the Corporation as soon as practicable after the relevant facts come to the member's knowledge:
(a) the nature and extent of the personal interest;
(b) how the interest relates to the matter being considered or about to be considered by the Corporation.
(2) The disclosure must be recorded in the minutes of the meeting.
(3) For this section, a member has a personal interest in a matter if the member:
(a) has a direct or indirect financial interest in the matter; or
(b) has a personal, professional, commercial or other relationship with a person and the nature of the relationship is likely to, or may reasonably be regarded as likely to, inhibit or prevent the member from exercising independent judgment about the matter.
37A Effect of personal interest
(1) If a member has a personal interest in a matter that is required to be disclosed under section 37:
(a) the member must not take part in any deliberation or decision of the Corporation about the matter; and
(b) the member must be disregarded for the purpose of constituting the quorum of the Corporation for the deliberation or decision; and
(c) the quorum for the deliberation or decision is a majority of persons entitled to participate in the deliberation or decision.
(2) However, a failure by the member to disclose the interest in the matter does not, on its own, invalidate any decision of the Corporation about the matter.
Section 41(1)
omit
must
insert
may
After section 42
insert
Part
VI Transitional matters for Parks and Wildlife Commission Amendment Act
2017
43 Offence provisions – before and after commencement
(1) The offence provisions, as amended by the Parks and Wildlife Commission Amendment Act 2017, apply only in relation to offences committed after the commencement of that Act (the commencement).
(2) The offence provisions, as in force before the commencement, continue to apply in relation to offences committed before the commencement.
(3) For this section, if any of the conduct constituting an offence occurred before the commencement, the offence is taken to have been committed before the commencement.
(4) In this section:
offence provisions means the provisions of this Act that create or relate to offences committed against this Act (including in relation to criminal responsibility, defences and penalties).
The Schedule has effect.
This Act is repealed on the day after it commences.
section 9
Provision
|
Amendment
|
|
---|---|---|
|
omit
|
insert
|
section 3, definition
Aboriginal
|
whole definition
|
|
section 3, at the end
|
|
The Interpretation Act contains definitions and
other provisions that may be relevant to this Act.
|
section 4(5)
|
his or her
(all references)
|
the Director's
|
section 5(c)
|
him
|
the Director
|
section 6
|
his
|
the Director's
|
section 7(2)
|
shall be
|
is
|
section 9(2)(b)
|
shall have
|
has
|
section 9(3)
|
shall
(all references)
|
are to
|
section 19(b)
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land,
|
land;
|
section 21
|
shall
|
must
|
section 23(2)
|
shall be
|
is
|
section 28
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shall
(all references)
|
are to
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section 30(1)
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shall consist
|
consists
|
section 30(2)
|
notice in the Gazette
|
Gazette notice
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section 31
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his
him
|
the member's
the member
|
section 33, heading
|
Chairman
|
Chairperson
|
section 33
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notice in the Gazette
Chairman
|
Gazette notice
Chairperson
|
section 34
|
shall take
|
takes
|
section 35(b)
|
person,
|
person;
|
section 39(4)
|
shall
(first reference)
shall be a
|
must
is
|
section 39(5)
|
shall be
|
is
|
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