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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 86
Statute Law Revision Bill
2006
Mr Stirling
AN ACT
to
revise and correct the law of the Territory in minor respects and to repeal
certain obsolete and redundant laws
NORTHERN TERRITORY OF AUSTRALIA
STATUTE LAW REVISION ACT 2006
____________________
Act No. [ ] of 2006
____________________
TABLE OF PROVISIONS
Section
NORTHERN TERRITORY OF
AUSTRALIA
____________________
Act No. [ ] of 2006
____________________
AN ACT
[Assented to [ ] 2006]
[Second reading [ ] 2006]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Statute Law Revision Act 2006.
PART 2 – AMENDMENT OF LAWS CONSEQUENT ON ENACTMENT OF CRIMINAL CODE AMENDMENT (CRIMINAL RESPONSIBILITY REFORM) ACT 2005
(1) This section amends the laws specified in Schedule 1.
(2) Schedule 1 has effect.
PART 3 – AMENDMENT OF OTHER LAWS
(1) This section amends the Cemeteries Act.
(2) Section 36, before "The"
insert
(1)
(3) After section 36(1)
insert
(2) Despite subsection (1), the Minister may give approval for a multiple burial in an open or closed cemetery under the Regulations.
(1) This section amends the Community Welfare Act.
(2) Section 4(1), definition "Juvenile Court"
omit
(3) Section 4(1)
insert (in alphabetical order)
"Youth Court" means the Court established by section 45 of the
Youth Justice Act.
(4) Section 72, definition "children's home", paragraph (a)
omit, substitute
(a) a Youth Detention Centre established under the Youth Justice Act;
(1) This section amends the Liquor Act.
(2) Section 96(3)(b)
renumber as paragraph (c)
(3) Section 96(3)(a) (second occurrence)
renumber as paragraph (b)
(1) This section amends the Swimming Pool Safety Act.
(2) After section 28(2)(d)
insert
(e) small premises in respect of which there is a transfer of the fee simple interest to an immediate family member of the previous registered owner or registered proprietor.
(3) Section 28(6)
insert (in alphabetical order)
"immediate family member" means:
(a) a spouse or de facto partner; or
(b) a parent (including a stepmother or stepfather) or grandparent; or
(c) a child (including a stepchild) or grandchild; or
(d) a brother or sister (including a half brother or half sister);
(1) This section amends the laws specified in Schedule 2.
(2) Schedule 2 has effect.
The laws specified in Schedule 3 are repealed.
____________________________
Section 2
AMENDMENT OF
LAWS CONSEQUENT ON ENACTMENT OF CRIMINAL CODE
AMENDMENT (CRIMINAL RESPONSIBILITY REFORM) ACT
2005
PART 1
– AMENDMENT OF ACTS
Provision
|
Amendment
|
|
|
omit
|
substitute
|
Criminal Code
|
|
|
Section 1, definition "declared offence"
|
this Part
|
Part IIAA
|
Firearms Act
|
|
|
Section 3(1), definition "disqualifying offence",
paragraph (b)
|
whole paragraph
|
(b) an offence against a law, or a repealed law, of the
Territory or another jurisdiction (including a jurisdiction outside Australia)
that substantially corresponds to an offence mentioned in paragraph
(a);
|
Section 3(1), definition "offence of violence",
paragraph (b)
|
whole paragraph
|
(b) an offence against a law, or a repealed law, of the
Territory or another jurisdiction (including a jurisdiction outside Australia)
that substantially corresponds to an offence mentioned in paragraph
(a);
|
Private Security Act
|
|
|
Section 3, definition "disqualifying offence"
|
whole definition
|
"disqualifying offence", for a category of licence,
means:
(a) an offence prescribed by regulation to be a
disqualifying offence in relation to that category of licence; or
(b) an offence against a law, or a repealed law, of the
Territory or another jurisdiction (including a jurisdiction outside Australia)
that substantially corresponds to an offence mentioned in paragraph
(a);
|
Sentencing Act
|
|
|
Section 3(1), definition "violent offence"
|
whole definition
|
"violent offence" means:
(a) an offence specified in Schedule 2; or
(b) an offence against a law, or a repealed law, of the
Territory or another jurisdiction (including a jurisdiction outside Australia)
that substantially corresponds to an offence mentioned in paragraph
(a).
|
Section 78K(4)
|
an offence under section 162 of the Criminal
Code.
|
the crime of murder.
|
Schedule 2, item 1
|
163
|
160
|
Youth Justice Act
|
|
|
Section 39(7), definition "serious offence"
|
whole definition
|
"serious offence" means:
(a) an offence prescribed by regulation; or
(b) an offence against a law, or a repealed law, of the
Territory or another jurisdiction (including a jurisdiction outside Australia)
that substantially corresponds to an offence mentioned in paragraph
(a);
|
Provision
|
Amendment
|
|
|
omit
|
substitute
|
Commercial Passenger (Miscellaneous)
Regulations
|
|
|
Schedule 3
item 11
item 13
item 14
|
162
grievous
Grievous
|
156
serious
Serious
|
Firearms Regulations
|
|
|
Regulation 1A(1)(d)
|
whole paragraph
|
|
Regulation 1A(1)(e)
|
159, 162, 163
|
156, 160
|
Regulation 1A(1)(g)
|
175,
|
174E, 174F, 175,
|
Regulation 1B(h) and (i)
|
whole paragraph
|
(h) section 166 or 185, unless a custodial sentence is
imposed;
(i) sections 174C and 174D;
|
Private Security (Crowd Controllers)
Regulations
|
|
|
Regulation 3(a)
|
161, 162, 163
|
156, 160
|
Private Security (Miscellaneous Matters)
Regulations
|
|
|
Schedule 1
|
Section 161 – unlawful homicide
Section 162 – murder Section 163 – manslaughter
grievous
(all references) |
Section 156 – murder Section 160 – manslaughter
serious |
Private Security (Security Firms)
Regulations
|
|
|
Regulation 2(a)
|
161, 162, 163
|
156, 160
|
Schedule
|
Section 161 – unlawful homicide
Section 162 – murder Section 163 – manslaughter
grievous
(all references) |
Section 156 – murder Section 160 – manslaughter
serious |
Private Security (Security Officers)
Regulations
|
|
|
Regulation 2(a)
|
161, 162, 163
|
156, 160
|
Youth Justice Regulations
|
|
|
Regulation 3(a)
|
154, 162, 163
170
|
156, 160
170, 174C, 174D, 174E, 174F
|
____________________________
Section 7
AMENDMENT OF
OTHER LAWS
PART
1 – AMENDMENT OF ACTS
Provision
|
Amendment
|
|
|
omit
|
substitute
|
Animal Welfare Act
|
|
|
Section 8(2)
|
whole subsection
|
|
AustralAsia Railway Corporation
Act
|
|
|
Section 28(1)
|
Consolidated Revenue Account
|
Central Holding Authority
|
Bail Act
|
|
|
Section 16(4)
|
subclause
|
subsection
|
Section 27(3B)
|
Passports Act 1938 of the Commonwealth
|
Australian Passports Act 2005 (Cth)
|
Batchelor Institute of Indigenous Tertiary Education
Act
|
|
|
Section 56(2)
|
whole subsection
|
(2) Section 63 of the Interpretation Act does not
apply to rules.
|
Charles Darwin University Act
|
|
|
Section 46(5)
|
regulations
|
subordinate legislation
|
Section 47(5)
|
whole subsection
|
(5) Section 63 of the Interpretation Act does not
apply to the Rules.
|
Construction Industry Long Service Leave and Benefits
Act
|
|
|
Section 57(3)(a)
|
regulations
|
subordinate legislation
|
Consumer Affairs and Fair Trading
Act
|
|
|
Section 253(1)
|
section 252
|
section 251
|
Crimes (Victims Assistance) Act
|
|
|
Section 25A(3)
|
Consolidated Revenue Account
|
Central Holding Authority
|
Criminal Records (Spent Convictions)
Act
|
|
|
Section 6A, heading
|
Juvenile Court
|
Youth Justice Court
|
Director of Public Prosecutions
Act
|
|
|
Section 35(b)
|
of the fact
|
the fact
|
Education Act
|
|
|
Section 60H(6)
|
regulations
|
subordinate legislation
|
Section 60H(7)
|
whole subsection
|
(7) Section 63 of the Interpretation Act does not
apply to by-laws under this section.
|
Section 60J(5)
|
whole subsection
|
(5) Section 63 of the Interpretation Act does not
apply to rules under this section.
|
Sections 60J(6)
and 71N(4) |
regulations
|
subordinate legislation
|
Section 71N(5)
|
whole subsection
|
(5) Section 63 of the Interpretation Act does not
apply to by-laws under this section.
|
Section 71P(5)
|
regulations
|
subordinate legislation
|
Section 71P(6)
|
whole subsection
|
(6) Section 63 of the Interpretation Act does not
apply to rules under this section.
|
Electoral Act
|
|
|
Section 200(3)
|
subsection (3)
|
subsection (2)
|
Section 358
|
Consolidated Revenue Account
|
Central Holding Authority
|
Energy Pipelines Act
|
|
|
Section 3(1), definition "Tribunal"
|
whole definition
|
"Tribunal" means the Lands, Planning and Mining Tribunal
established by the Lands, Planning and Mining Tribunal Act;
|
Essential Goods and Services Act
|
|
|
Section 2(1), definition "service",
paragraph (a)(iii) |
Hospitals and Medical Services Act
|
Medical Services Act
|
Section 2(1), definition "service",
paragraph (a)(iv) |
Electricity Act or the Power and Water Authority
Act
|
Electricity Reform Act or the Power and Water
Corporation Act
|
Fines and Penalties (Recovery) Act
|
|
|
Section 97(2)
|
Consolidated Revenue Account
|
Central Holding Authority
|
Firearms Amendment Act 2004
|
|
|
Section 4
|
whole section
|
|
Fire and Emergency Act
|
|
|
Section 56(11)
|
subsection (9)
|
subsection (10)
|
First Home Owner Grant Act
|
|
|
Section 43(3)(f)(i)
|
Police;
|
Police; or
|
Fuel Subsidies Act
|
|
|
Section 23, heading
|
Consolidated revenue account
|
Central Holding Authority
|
Gaming Control Act
|
|
|
Section 40(9)
|
Consolidated Revenue Account
|
Central Holding Authority
|
Gaming Machine Act
|
|
|
Sections 35(1) and 156(1) and (3)(a)
|
Consolidated Revenue Account
|
Central Holding Authority
|
Government Owned Corporations Act
|
|
|
Sections 31(3), 33(1) and (2) and 35(3)
|
Consolidated Revenue Account
|
Central Holding Authority
|
Land Title Act
|
|
|
Section 205(1)(b)
|
whole paragraph
|
(b) the Power and Water Corporation established by the
Power and Water Corporation Act;
|
Lands Acquisition Act
|
|
|
Section 4(1), definition "Tribunal"
|
whole definition
|
"Tribunal" means the Lands, Planning and Mining Tribunal
established by the Lands, Planning and Mining Tribunal Act.
|
Section 37(5)(b)
|
Lands and Mining Tribunal Act
|
Lands, Planning and Mining Tribunal Act
|
Legislative Assembly (Register of Members' Interests)
Act
|
|
|
Section 5(1)(g)
|
section 4(2) or (3)
|
section 4(1) or (2)
|
Local Court Act
|
|
|
Section 36(1) and (2)
|
Consolidated Revenue Account
|
Central Holding Authority
|
Local Government Grants Commission
Act
|
|
|
Sections 12(1)(a), (2)(a) and (3) and 17(3)
|
Local Government (Financial Assistance) Act 1986 of
the Commonwealth
(all references) |
Local Government (Financial Assistance) Act 1995
(Cth)
|
Menzies School of Health Research
Act
|
|
|
Section 42(2)
|
whole subsection
|
(2) Section 63 of the Interpretation Act does not
apply to Rules under this section.
|
Mining Act
|
|
|
Section 4(1), definition "Tribunal"
|
whole definition
|
"Tribunal" means the Lands, Planning and Mining Tribunal
established by the Lands, Planning and Mining Tribunal Act;
|
Section 140G(5)(b)
|
Lands and Mining Tribunal Act
|
Lands, Planning and Mining Tribunal Act
|
Northern Territory Licensing Commission
Act
|
|
|
Section 21(3)
|
3 sitting days
|
6 sitting days
|
Northern Territory Treasury Corporation
Act
|
|
|
Section 12
|
Consolidated Revenue Account
|
Central Holding Authority
|
Pastoral Land Act
|
|
|
Section 102(1)(c)
|
section 91
|
section 92
|
Petroleum Act
|
|
|
Section 5(1), definition "Tribunal"
|
whole definition
|
"Tribunal" means the Lands, Planning and Mining Tribunal
established by the Lands, Planning and Mining Tribunal Act;
|
Section 57H(5)(b)
|
Lands and Mining Tribunal Act
|
Lands, Planning and Mining Tribunal Act
|
Planning Act
|
|
|
Section 3(1), definition "Registrar"
|
Lands and Mining Tribunal Act
|
Lands, Planning and Mining Tribunal Act
|
Section 108
|
Lands and Mining Tribunal
|
Lands, Planning and Mining Tribunal
|
|
Lands and Mining Tribunal Act
|
Lands, Planning and Mining Tribunal Act
|
Section 109, heading
|
Lands and Mining Tribunal Act
|
Lands, Planning and Mining Tribunal
Act
|
Sections 109, 110,
and 132 |
Lands and Mining Tribunal
Act
(all references) |
Lands, Planning and Mining Tribunal Act
|
Section 122(1)
|
Lands and Mining Appeals Tribunal Act
|
Lands, Planning and Mining Tribunal Act
|
Poisons and Dangerous Drugs Act
|
|
|
Section 31W(5)
|
amended
|
any amendments made
|
Prisoners (Interstate Transfer)
Act
|
|
|
Section 3(7)(b)(ii)(B)
|
sentence; and
|
sentence;
|
Public Trustee Act
|
|
|
Sections 14(4), 65(2), 66(4), 67 and 67A(3)
|
Consolidated Revenue Account
|
Central Holding Authority
|
Sentencing Act
|
|
|
Section 24
|
Consolidated Revenue Account
|
Central Holding Authority
|
Section 99(4)
|
Passports Act 1938 of the Commonwealth
|
Australian Passports Act 2005 (Cth)
|
Summary Offences Act
|
|
|
Section 45C, definition "prescribed notice"
|
section 45G(1)
|
section 45G
|
Section 68A(3)
|
Consolidated Revenue Account
|
Central Holding Authority
|
Superannuation Act
|
|
|
Section 33(1)(a)
|
$15,000
|
$20 000
|
Section 35
|
Consolidated Revenue Account
|
Central Holding Authority
|
Taxation (Administration) Act
|
|
|
Section 81(1)
|
whole subsection
|
(1) Instruments on which duty is imposed, other than those
mentioned in Divisions 6 to 13 of this Part, must be lodged with the
Commissioner for assessment.
|
Section 82
|
whole section
|
|
Section 96(7)
|
or adhesive stamp
|
|
Section 116E(1)(e)
|
Investment
|
Investments
|
Section 116E(1)(g)
|
Financial Transaction Report Act 1988 of the
Commonwealth
|
Financial Transaction Reports Act 1988
(Cth)
|
Terrorism (Emergency Powers) Act
|
|
|
Section 21ZC(3)
|
, Juvenile Justice Act
|
|
Section 21ZC(6)
|
Juvenile Justice Act or
|
|
Section 21ZS(3)(f)
|
juvenile
|
youth
|
Traffic Act
|
|
|
Section 29AG(5)(b)
|
reasonable
|
reasonably
|
Section 29AL(d)
|
Consolidated Revenue Account
|
Central Holding Authority
|
Unclaimed Superannuation Benefits
Act
|
|
|
Sections 5 and 6(3)
|
Consolidated Revenue Account
|
Central Holding Authority
|
Uncollected Goods Act
|
|
|
Section 27(9)
|
Consolidated Revenue Account
|
Central Holding Authority
|
Utilities Commission Act
|
|
|
Section 19
|
Consolidated Revenue Account
|
Central Holding Authority
|
Waste Management and Pollution Control
Act
|
|
|
Section 6(8)
|
Prevention of Pollution of Waters by Oil
Act
|
Marine Pollution Act
|
PART 2 – AMENDMENT OF SUBORDINATE
LEGISLATION
|
||
Provision
|
Amendment
|
|
|
omit
|
substitute
|
Dangerous Goods Regulations
|
|
|
Regulation 131(1)
and (2) |
regulation 5B(1)
|
regulation 5D(1)
|
Fire and Emergency Regulations
|
|
|
Regulation 2(1), definition "offender"
|
who
|
whom
|
Fisheries Regulations
|
|
|
Regulation 4, definition "amateur drag net", paragraph
(a)
|
lines;
|
lines; and
|
Regulation 4, definition "amateur drag net", paragraph
(b)
|
whole paragraph
|
(b) is made of mesh no larger than 28mm; and
|
Regulations 206(2)(a) and 207(4) and (5)
|
Consolidated Revenue Account
|
Central Holding Authority
|
Lands and Mining Tribunal Rules
|
|
|
Schedule 1, Forms 1 to 4
|
LANDS AND MINING TRIBUNAL
(all references) |
LANDS, PLANNING AND MINING TRIBUNAL
|
Local Government (Administration)
Regulations
|
|
|
Regulation 14(1)
Regulation 14(2)
|
section 19J(2)(c)
section 19J(3)
|
section 19K(2)(c)
section 19K(3)
|
Public Sector Employment and Management (Exemption)
Regulations
|
|
|
Regulation 3, Table, Column 1, item 1
|
Power and Water Authority
|
Power and Water Corporation
|
Supreme Court Rules
|
|
|
Rule 79.07.1(1) and (2)
|
Consolidated Revenue Account
|
Central Holding Authority
|
____________________________
Section 8
REPEAL OF
LAWS
PART 1
– REPEAL OF ACTS
Commercial Passenger Vehicles Legislation Amendment Act
2006
|
Act No. 3 of 2006
|
Electrical Workers and Contractors Amendment Act
2003
|
Act No. 48 of 2003
|
Gaming Control Amendment Act 1996
|
Act No. 18 of 1996
|
Judges and Administrators Pensions Legislation Amendment
Act 2006
|
Act No. 21 of 2006
|
Justice Legislation Amendment Act 2006
|
Act No. 13 of 2006
|
Maintenance Ordinance 1973
|
Ordinance No. 5
of 1973 |
Maintenance Ordinance (No. 2) 1973
|
Ordinance No. 29
of 1973 |
Treasury Legislation and Consequential Amendment
Act 2006
|
Act No. 19 of 2006
|
Barunga Manyallaluk Community Government Scheme
|
|
Consumer Affairs and Fair Trading Amendment Regulations
2006
|
Subordinate Legislation No. 15 of 2006
|
Wugularr Community Government Scheme
|
|
____________________________
__________________
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