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This is a Bill, not an Act. For current law, see the Acts databases.

STRONGER FUTURES IN THE NORTHERN TERRITORY (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2011

2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Stronger Futures in the Northern
Territory (Consequential and
Transitional Provisions) Bill 2011
No. , 2011
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to amend laws, and deal with
transitional matters, in connection with the
Stronger Futures in the Northern Territory Act 2011,
and for related purposes
i Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill
2011 No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
4 Definitions
.........................................................................................
2
Schedule 1--Repeal of the Northern Territory National
Emergency Response Act 2007
4
Part 1--Northern Territory National Emergency Response Act
2007
4
Part 2--Saving provisions relating to land
5
Part 3--Transitional provisions relating to alcohol
7
Part 4--Transitional provisions relating to community store
licences
9
Schedule 2--Amendment of the Aboriginal Land Rights
(Northern Territory) Act 1976
11
Aboriginal Land Rights (Northern Territory) Act 1976
11
Schedule 3--Amendment of the Classification (Publications,
Films and Computer Games) Act 1995
14
Schedule 4--Amendment of the Crimes Act 1914
21
Schedule 5--Amendment of other Acts
25
Social Security (Administration) Act 1999
25
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011
No. , 2011 1
A Bill for an Act to amend laws, and deal with
1
transitional matters, in connection with the
2
Stronger Futures in the Northern Territory Act 2011,
3
and for related purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act may be cited as the Stronger Futures in the Northern
7
Territory (Consequential and Transitional Provisions) Act 2011.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2 Stronger Futures in the Northern Territory (Consequential and Transitional Provisions)
Bill 2011 No. , 2011
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provision(s) Commencement
Date/Details
1. Sections 1 to 4
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1 to
5
At the same time as section 3 of the Stronger
Futures in the Northern Territory Act 2011
commences.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedule(s)
10
Each Act that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
4 Definitions
15
(1) In this Act:
16
commencement means the day Schedules 1 to 5 of this Act
17
commence.
18
new Act means the Stronger Futures in the Northern Territory Act
19
2011.
20
old Act means the Northern Territory National Emergency
21
Response Act 2007 as in force immediately before commencement.
22
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011
No. , 2011 3
relevant time means:
1
(a) if, under subsection (3), the Minister determines a day that is
2
on or after commencement but before 17 August 2012--the
3
beginning of that day; or
4
(b) otherwise--the end of 17 August 2012.
5
(2) In this Act, expressions that are defined in the new Act have the
6
same meanings as they have in that Act.
7
(3) The Minister may, by legislative instrument, determine a day for
8
the purposes of the definition of relevant time in subsection (1).
9
10
Schedule 1 Repeal of the Northern Territory National Emergency Response Act 2007
Part 1 Northern Territory National Emergency Response Act 2007
4 Stronger Futures in the Northern Territory (Consequential and Transitional Provisions)
Bill 2011 No. , 2011
Schedule 1--Repeal of the Northern Territory
1
National Emergency Response Act
2
2007
3
Part 1--Northern Territory National Emergency
4
Response Act 2007
5
1 The whole of the Act
6
Repeal the Act.
7
8
Repeal of the Northern Territory National Emergency Response Act 2007 Schedule 1
Saving provisions relating to land Part 2
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011
No. , 2011 5
Part 2--Saving provisions relating to land
1
2 Saving--if the old Act is repealed before 17 August 2012
2
(1)
This item applies if this Act commences before 17 August 2012.
3
(2)
Despite the repeal of section 3, Part 4, Part 8 and Schedule 1 to the old
4
Act made by item 1 of this Schedule, those provisions (other than
5
Division 2 of Part 4) continue in force, in relation to leases granted
6
under section 31 of the old Act before the repeal, until the relevant time.
7
3 Saving--Divisions 2 and 3 of Part 4 of the old Act and
8
related provisions
9
Despite the repeal of sections 3, 48, 49, 50, 51, 53, 54, 55, 56, 58, 59
10
and Part 8 (acquisition of rights etc. in land) of the old Act made by
11
item 1 of this Schedule:
12
(a) those provisions continue in force; and
13
(b) any instruments made under those provisions continue in
14
force and may be dealt with under those provisions;
15
in relation to rights, titles and interests in land that:
16
(c) were vested in the Commonwealth under section 47 of the
17
old Act before commencement; or
18
(d) were or are preserved under section 48 of the old Act before,
19
on or after commencement.
20
4 Saving--sections 60, 61, 62 and 63 of the old Act
21
Sections 60 and 61 (compensation for acquisition of property)
22
(1)
Despite the repeal of sections 60 and 61 (compensation for acquisition
23
of property) of the old Act made by item 1 of this Schedule, those
24
sections continue in force in relation to acquisitions of property that
25
occurred before the relevant time.
26
Section 62 (payment of agreed amounts or rent)
27
(2)
Despite the repeal of section 62 of the old Act made by item 1 of this
28
Schedule, that section continues in force in relation to:
29
(a) agreements made under that section before the relevant time;
30
and
31
Schedule 1 Repeal of the Northern Territory National Emergency Response Act 2007
Part 2 Saving provisions relating to land
6 Stronger Futures in the Northern Territory (Consequential and Transitional Provisions)
Bill 2011 No. , 2011
(b) rent payable after the relevant time in relation to leases
1
granted under section 31 of the old Act before the relevant
2
time.
3
Section 63 (appropriation)
4
(3)
Despite the repeal of section 63 of the old Act made by item 1 of this
5
Schedule, that section continues in force in relation to amounts payable
6
before, on or after the relevant time.
7
8
Repeal of the Northern Territory National Emergency Response Act 2007 Schedule 1
Transitional provisions relating to alcohol Part 3
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011
No. , 2011 7
Part 3--Transitional provisions relating to alcohol
1
5 Transitioning prescribed areas to alcohol protected areas
2
(1)
If, immediately before commencement:
3
(a) an area in the Northern Territory was a prescribed area under
4
section 4 of the old Act; and
5
(b) there was not a determination in force in relation to the area
6
under paragraph 19(1)(b) of the old Act;
7
then a rule prescribing the area as an alcohol protected area is taken to
8
have been made, on commencement, for the purposes of subsection
9
27(1) of the new Act.
10
(2)
The rule referred to in subitem (1) may be revoked or varied, after
11
commencement, by a rule made for the purposes of subsection 27(2) of
12
the new Act.
13
6 Transitioning areas declared under section 12 of the old
14
Act
15
(1)
If a declaration under subsection 12(8) of the old Act (about when
16
certain defences against alcohol offences are not available) was in force
17
immediately before commencement, then that declaration continues in
18
force (and may be dealt with), on and after commencement, as if the
19
instrument had been made under subsection 75D(1) of the NT Liquor
20
Act.
21
Note:
Section 8 of the new Act includes subsection 75D(1) into the NT Liquor Act.
22
(2)
If a declaration under subsection 12(8A) of the old Act (about when
23
certain defences against alcohol offences are available) was in force
24
immediately before commencement, then that declaration continues in
25
force (and may be dealt with), on and after commencement, as if the
26
instrument had been made under subsection 75D(2) of the NT Liquor
27
Act.
28
Note:
Section 8 of the new Act includes subsection 75D(2) into the NT Liquor Act.
29
7 Transitioning conditions etc. on NT liquor licences
30
(1)
If a determination under subsection 13(4) of the old Act (about what is
31
not authorised by a NT liquor licence) was in force immediately before
32
commencement, then that determination continues in force (and may be
33
Schedule 1 Repeal of the Northern Territory National Emergency Response Act 2007
Part 3 Transitional provisions relating to alcohol
8 Stronger Futures in the Northern Territory (Consequential and Transitional Provisions)
Bill 2011 No. , 2011
dealt with), on and after commencement, as if the determination had
1
been made under subsection 12(4) of the new Act.
2
(2)
If a determination under subsection 13(5) of the old Act (about the
3
conditions on a NT liquor licence) was in force immediately before
4
commencement, then that determination continues in force (and may be
5
dealt with), on and after commencement, as if the determination had
6
been made under subsection 12(5) of the new Act.
7
8 Transitioning conditions etc. on NT liquor permits
8
(1)
If a determination under subsection 14(2) of the old Act (about what is
9
not authorised by a NT liquor permit) was in force immediately before
10
commencement, then that determination continues in force (and may be
11
dealt with), on and after commencement, as if the determination had
12
been made under subsection 13(2) of the new Act.
13
(2)
If a determination under subsection 14(3) of the old Act (about the
14
conditions on a NT liquor permit) was in force immediately before
15
commencement, then that determination continues in force (and may be
16
dealt with), on and after commencement, as if the determination had
17
been made under subsection 13(3) of the new Act.
18
19
Repeal of the Northern Territory National Emergency Response Act 2007 Schedule 1
Transitional provisions relating to community store licences Part 4
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011
No. , 2011 9
Part 4--Transitional provisions relating to
1
community store licences
2
9 Transitioning community store licences
3
(1)
This item applies to a community store licence (the transitioned
4
licence) that:
5
(a) was in force under Part 7 of the old Act immediately before
6
commencement; and
7
(b) was held in relation to a community store whose premises are
8
located in an area that, on commencement, is in the food
9
security area.
10
(2)
The transitioned licence continues in force (and may be dealt with), on
11
and after commencement, as if:
12
(a) the licence had been granted under subsection 45(1) of the
13
new Act; and
14
(b) any conditions that were imposed on the licence under
15
section 103 of the old Act had been imposed under
16
subsection 52(1) of the new Act.
17
(3)
For the purposes of subsection 59(1) of the new Act (about revoking
18
community store licences):
19
(a) a breach of a condition of the transitioned licence that
20
occurred before commencement is to be treated as if it were a
21
breach of a condition of the licence after commencement; and
22
(b) an offence against the old Act that was committed by the
23
owner, manager or person involved in the store before
24
commencement is to be treated as if the offence had been
25
committed against the new Act by that person after
26
commencement; and
27
(c) if the transitioned licence was obtained improperly under the
28
old Act, it is to be treated as if it had been obtained
29
improperly under the new Act.
30
(4)
If a notice under subsection 108(2) of the old Act:
31
(a) related to a proposed decision to:
32
(i) revoke the transitioned licence; or
33
(ii) refuse to vary the transitioned licence; and
34
(b) was in force immediately before commencement;
35
Schedule 1 Repeal of the Northern Territory National Emergency Response Act 2007
Part 4 Transitional provisions relating to community store licences
10 Stronger Futures in the Northern Territory (Consequential and Transitional Provisions)
Bill 2011 No. , 2011
then the notice continues in force (and may be dealt with), on and after
1
commencement, as if the notice had been given under subsection 60(1)
2
of the new Act.
3
10 Transitioning appointments of authorised officers
4
If an appointment under subsection 116(1) of the old Act was in force
5
immediately before commencement in relation to an officer, the
6
appointment continues in force (and may be dealt with), on and after
7
commencement, as if it had been made under section 69 of the new Act
8
in relation to the officer.
9
11 Transitioning identity cards
10
If an identity card issued to an authorised officer under section 117 of
11
the old Act was in force immediately before commencement, then the
12
card continues in force (and may be dealt with) as if it had been issued
13
to the officer under section 70 of the new Act.
14
15
Amendment of the Aboriginal Land Rights (Northern Territory) Act 1976 Schedule 2
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011
No. , 2011 11
Schedule 2--Amendment of the Aboriginal
1
Land Rights (Northern Territory) Act
2
1976
3
4
Aboriginal Land Rights (Northern Territory) Act 1976
5
1 Subsection 3(1)
6
Insert:
7
community living area has the same meaning as in the Stronger
8
Futures in the Northern Territory Act 2011.
9
2 Subsection 20CA(5) (definition of community living area)
10
Repeal the definition (including the note).
11
3 Part IIB
12
Repeal the Part.
13
4 After paragraph 23(1)(ea)
14
Insert:
15
(eb) for land that is a community living area and in the area of the
16
Land Council--to assist the owner of the land, if requested to
17
do so and at the Land Council's expense, in relation to any
18
dealings in the land (including assistance in negotiating
19
leases of, or other grants of interests in, the land); and
20
5 Paragraphs 23(1)(fb), (fc) and (fd)
21
Repeal the paragraphs.
22
6 Subsection 33B(1)
23
Repeal the subsection.
24
7 Subsection 33B(3)
25
Omit "subsection (1) or (2)", substitute "subsection (2)".
26
8 Subsection 35(4)
27
Schedule 2 Amendment of the Aboriginal Land Rights (Northern Territory) Act 1976
12 Stronger Futures in the Northern Territory (Consequential and Transitional Provisions)
Bill 2011 No. , 2011
Omit ", including a payment under section 15 or 16, under a lease or
1
licence under section 19 or 20 or in accordance with section 60 or 62 of
2
the Northern Territory National Emergency Response Act 2007 but not
3
including a payment under section 33A, 33B or 64 of this Act",
4
substitute "(including a payment under section 15 or 16 or a payment
5
under a lease or licence under section 19 or 20, but not including a
6
payment under section 33A, 33B or 64 of this Act)".
7
9 Paragraph 70(2C)(a)
8
Repeal the paragraph, substitute:
9
(a) the land (the relevant land) the person entered or remained
10
on is part of land (the leased land) that is leased under
11
section 19A; and
12
10 Application of items 5, 8 and 9 of this Schedule
13
(1)
This item applies if this Act commences before 17 August 2012.
14
(2)
Despite the repeal of paragraphs 23(1)(fb), (fc) and (fd) of the
15
Aboriginal Land Rights (Northern Territory) Act 1976 made by item 5
16
of this Schedule, those paragraphs continue in force in relation to:
17
(a) agreements made under section 62 of the old Act before the
18
relevant time; and
19
(b) rent payable after the relevant time in relation to leases
20
granted under section 31 of the old Act before the relevant
21
time.
22
(3)
Despite the amendment of subsection 35(4) of the Aboriginal Land
23
Rights (Northern Territory) Act 1976 made by item 8 of this Schedule,
24
that subsection, as in force immediately before commencement,
25
continues in force in relation to payments made in accordance with
26
section 60 or 62 of the old Act.
27
(4)
Despite the amendment of paragraph 70(2C)(a) of the Aboriginal Land
28
Rights (Northern Territory) Act 1976 made by item 9 of this Schedule,
29
that amendment does not take effect until the relevant time.
30
11 Paragraph 70(8)(d)
31
Omit "paragraph; and", substitute "paragraph.".
32
12 Paragraph 70(8)(e)
33
Amendment of the Aboriginal Land Rights (Northern Territory) Act 1976 Schedule 2
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011
No. , 2011 13
Repeal the paragraph.
1
13 Subsection 70E(17)
2
Repeal the subsection.
3
14 Subsection 70E(18)
4
Omit "(14), (15), and (17)", substitute "(14) and (15)".
5
15 Subsections 70E(19), (20) and (21)
6
Omit "(14), (15), or (17)", substitute "(14) or (15)".
7
16 Subsection 70F(14)
8
Repeal the subsection.
9
17 Subsection 70F(15)
10
Omit "(11), (12) and (14)", substitute "(11) and (12)".
11
18 Subsections 70F(16), (17) and (18)
12
Omit "(11), (12) or (14)", substitute "(11) or (12)".
13
19 Paragraph 71(3)(d)
14
Omit "paragraph; and", substitute "paragraph.".
15
20 Paragraph 71(3)(e)
16
Repeal the paragraph.
17
21 Subsection 76(1A)
18
Repeal the subsection.
19
20
Schedule 3 Amendment of the Classification (Publications, Films and Computer
Games) Act 1995
14 Stronger Futures in the Northern Territory (Consequential and Transitional Provisions)
Bill 2011 No. , 2011
Schedule 3--Amendment of the Classification
1
(Publications, Films and Computer
2
Games) Act 1995
3
4
1 Part 10 (heading)
5
Repeal the heading, substitute:
6
Part 10--Material prohibited in certain areas in the
7
Northern Territory
8
2 Section 99 (definition of prescribed area)
9
Repeal the definition.
10
3 Section 99
11
Insert:
12
prohibited material area means an area in the Northern Territory
13
in relation to which a determination under subsection 100A(1) is in
14
force.
15
4 Sections 100A and 100B
16
Repeal the sections, substitute:
17
100A Prohibited material areas
18
(1) The Indigenous Affairs Minister may, by legislative instrument,
19
determine that an area in the Northern Territory is a prohibited
20
material area.
21
(2) The Indigenous Affairs Minister may, by legislative instrument,
22
revoke or vary a determination under subsection (1).
23
(3) The Indigenous Affairs Minister may make a determination under
24
subsection (1) or (2):
25
(a) on the Indigenous Affairs Minister's own initiative; or
26
(b) following a request made to the Indigenous Affairs Minister
27
by, or on behalf of, a person who is ordinarily resident in the
28
area to which the determination relates.
29
Amendment of the Classification (Publications, Films and Computer Games) Act 1995
Schedule 3
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011
No. , 2011 15
Community consultation
1
(4) Before making a determination under subsection (1) or (2) in
2
relation to an area, the Indigenous Affairs Minister must ensure
3
that:
4
(a) information setting out:
5
(i) the proposal to make the determination; and
6
(ii) an explanation, in summary form, of the consequences
7
of the making of the determination;
8
has been made available in the area; and
9
(b) people living in the area have been given a reasonable
10
opportunity to make submissions to the Indigenous Affairs
11
Minister about:
12
(i) the proposal to make the determination; and
13
(ii) the consequences of the making of the determination;
14
and
15
(iii) their circumstances, concerns and views, so far as they
16
relate to the proposal.
17
(5) A failure to comply with subsection (4) does not affect the validity
18
of a determination under subsection (1) or (2).
19
Criteria for making a determination
20
(6) In making a determination under subsection (1) or (2) in relation to
21
an area, the Indigenous Affairs Minister must have regard to the
22
following matters:
23
(a) the object of this Part (see section 98A);
24
(b) the wellbeing of people living in the area;
25
(c) whether there is reason to believe that people living in the
26
area have been the victims of violence or sexual abuse;
27
(d) the extent to which people living in the area have expressed
28
their concerns about being at risk of violence or sexual abuse;
29
(e) whether there is reason to believe that children living in the
30
area have been exposed to prohibited material;
31
(f) the extent to which people living in the area have expressed
32
the view that their wellbeing will be improved if this Part
33
continues to apply in relation to the area;
34
(g) any submissions of the kind referred to in paragraph (4)(b);
35
(h) the views of relevant law enforcement authorities;
36
Schedule 3 Amendment of the Classification (Publications, Films and Computer
Games) Act 1995
16 Stronger Futures in the Northern Territory (Consequential and Transitional Provisions)
Bill 2011 No. , 2011
(i) any other matter that the Indigenous Affairs Minister
1
considers relevant.
2
(7)
If:
3
(a) the Indigenous Affairs Minister makes a determination under
4
subsection (1) in relation to an area; and
5
(b) under subsection (2), the Indigenous Affairs Minister:
6
(i) revokes the determination; or
7
(ii) varies the determination so that the area is no longer a
8
prohibited material area;
9
then this Part continues to apply in relation to that area, after the
10
revocation or variation takes effect, in relation to things done, or
11
omitted to be done, before the revocation or variation takes effect.
12
5 Section 100C
13
Omit "sections 100A and 100B", substitute "section 100A".
14
6 Section 101 (heading)
15
Repeal the heading, substitute:
16
101 Possession or control of level 1 prohibited material in prohibited
17
material areas
18
7 Paragraph 101(c)
19
Omit "prescribed area", substitute "prohibited material area".
20
8 Section 102 (heading)
21
Repeal the heading, substitute:
22
102 Possession or control of level 2 prohibited material in prohibited
23
material areas
24
9 Paragraph 102(c)
25
Omit "prescribed area", substitute "prohibited material area".
26
10 Section 103 (heading)
27
Repeal the heading, substitute:
28
Amendment of the Classification (Publications, Films and Computer Games) Act 1995
Schedule 3
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011
No. , 2011 17
103 Supplying prohibited material in and to prohibited material
1
areas
2
11 Paragraphs 103(1)(b) and (2)(b)
3
Omit "prescribed area", substitute "prohibited material area".
4
12 Subsection 103(3)
5
Omit "prescribed area" (wherever occurring), substitute "prohibited
6
material area".
7
13 Paragraph 106(a)
8
Omit "prescribed area", substitute "prohibited material area".
9
14 Sections 114 and 115
10
Repeal the sections, substitute:
11
114 Review of operation of this Part
12
(1) The Indigenous Affairs Minister must cause an independent review
13
to be undertaken of the first 7 years of the operation of this Part.
14
(2) The review must:
15
(a) assess the effectiveness of the special measures provided for
16
by this Part; and
17
(b) consider any other matter specified by the Indigenous Affairs
18
Minister.
19
(3) The review must be completed, and a report must be prepared,
20
before the end of 8 years after this Part commences.
21
(4) The person undertaking the review must give the report of the
22
review to the Indigenous Affairs Minister.
23
(5) The Indigenous Affairs Minister must cause a copy of the report to
24
be tabled in each House of the Parliament within 15 sitting days of
25
receiving it.
26
Schedule 3 Amendment of the Classification (Publications, Films and Computer
Games) Act 1995
18 Stronger Futures in the Northern Territory (Consequential and Transitional Provisions)
Bill 2011 No. , 2011
115 Indigenous Affairs Minister may determine that provisions of
1
this Part cease to have effect
2
(1) The Indigenous Affairs Minister may, by legislative instrument,
3
determine that some or all of the provisions of this Part cease to
4
have effect.
5
Note:
Under section 116, all of the provisions of this Part cease to have
6
effect 10 years after the day section 3 of the Stronger Futures in the
7
Northern Territory Act 2011 commences. This section allows the
8
Indigenous Affairs Minister to determine that some or all of the
9
provisions of this Part cease to have effect before then.
10
(2) The Indigenous Affairs Minister may, by legislative instrument,
11
revoke a determination under subsection (1).
12
Community consultation
13
(3) Before making a determination under subsection (1) or (2), the
14
Indigenous Affairs Minister must ensure that:
15
(a) information setting out:
16
(i) the proposal to make the determination; and
17
(ii) an explanation, in summary form, of the consequences
18
of the making of the determination;
19
has been made available to people living in prohibited
20
material areas; and
21
(b) people living in prohibited material areas have been given a
22
reasonable opportunity to make submissions to the
23
Indigenous Affairs Minister about:
24
(i) the proposal to make the determination; and
25
(ii) the consequences of making the determination; and
26
(iii) their circumstances, concerns and views, so far as they
27
relate to the proposal.
28
(4) A failure to comply with subsection (3) does not affect the validity
29
of a determination under subsection (1) or (2).
30
Criteria for making a determination
31
(5) In making a determination under subsection (1) or (2) in relation to
32
an area, the Indigenous Affairs Minister must have regard to the
33
following matters:
34
(a) the object of this Part (see section 98A);
35
Amendment of the Classification (Publications, Films and Computer Games) Act 1995
Schedule 3
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011
No. , 2011 19
(b) the wellbeing of people living in prohibited material areas;
1
(c) whether there is reason to believe that people living in
2
prohibited material areas have been the victims of violence or
3
sexual abuse;
4
(d) the extent to which people living in prohibited material areas
5
have expressed their concerns about being at risk of violence
6
or sexual abuse;
7
(e) whether there is reason to believe that children living in
8
prohibited material areas have been exposed to prohibited
9
material;
10
(f) the extent to which people living in prohibited material areas
11
have expressed the view that their wellbeing will be
12
improved if this Part applies;
13
(g) any submissions of the kind referred to in paragraph (3)(b);
14
(h) the views of relevant law enforcement authorities;
15
(i) any other matter that the Indigenous Affairs Minister
16
considers relevant.
17
(6) If the Indigenous Affairs Minister makes a determination under
18
subsection (1), then this Part continues to apply after the
19
determination takes effect in relation to things done, or omitted to
20
be done, before the determination takes effect.
21
(7) If, under subsection (2), the Indigenous Affairs Minister revokes a
22
determination under subsection (1), then the provisions of this Part
23
that were specified in the determination under subsection (1) apply
24
again after the revocation takes effect.
25
116 Sunset provision
26
This Part ceases to have effect 10 years after the day section 3 of
27
the Stronger Futures in the Northern Territory Act 2011
28
commences.
29
15 Transitioning prescribed areas to prohibited material
30
areas
31
(1)
If, immediately before commencement:
32
(a) an area in the Northern Territory was a prescribed area under
33
section 4 of the old Act; and
34
Schedule 3 Amendment of the Classification (Publications, Films and Computer
Games) Act 1995
20 Stronger Futures in the Northern Territory (Consequential and Transitional Provisions)
Bill 2011 No. , 2011
(b) there was not a determination in force in relation to the area
1
under subsection 100A(1) of the Classification (Publications,
2
Films and Computer Games) Act 1995;
3
then, on commencement, the Indigenous Affairs Minister is taken to
4
have made a determination under subsection 100A(1) of the
5
Classification (Publications, Films and Computer Games) Act 1995 that
6
the area is a prohibited material area.
7
(2)
The determination referred to in subitem (1) may be revoked or varied,
8
after commencement, under subsection 100A(2) of the Classification
9
(Publications, Films and Computer Games) Act 1995.
10
16 Application of amendments
11
The amendments made by this Schedule apply in relation to acts or
12
omissions occurring on or after commencement in relation to material
13
that was classified before, on or after commencement.
14
15
Amendment of the Crimes Act 1914 Schedule 4
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011
No. , 2011 21
Schedule 4--Amendment of the Crimes Act
1
1914
2
3
1 Subsection 3(1)
4
Insert:
5
cultural heritage has the same meaning as in the Environment
6
Protection and Biodiversity Conservation Act 1999, and includes
7
sacred sites.
8
2 Subsection 3(1)
9
Insert:
10
cultural heritage object means an object that is important for
11
cultural, religious, ethnological, archaeological, historical, literary,
12
artistic, scientific or technological reasons.
13
3 Subsection 15AB(1)
14
After "Commonwealth", insert "or the Northern Territory".
15
4 After subsection 15AB(3)
16
Insert:
17
(3A) Paragraph (1)(b) does not apply in relation to an offence against
18
the following:
19
(a) section 22 of the Aboriginal and Torres Strait Islander
20
Heritage Protection Act 1984;
21
(b) sections 15A, 15C, 17B, 22A, 27A, 74AA, 142A, 142B,
22
207B, 354A, 355A and 470 of the Environment Protection
23
and Biodiversity Conservation Act 1999;
24
(c) section 48 of the Aboriginal Land Grant (Jervis Bay
25
Territory) Act 1986;
26
(d) sections 69 and 70 of the Aboriginal Land Rights (Northern
27
Territory) Act 1976;
28
(e) section 30 of the Aboriginal Land (Lake Condah and
29
Framlingham Forest) Act 1987;
30
(f) sections 33, 34 and 35 of the Northern Territory Aboriginal
31
Sacred Sites Act of the Northern Territory;
32
Schedule 4 Amendment of the Crimes Act 1914
22 Stronger Futures in the Northern Territory (Consequential and Transitional Provisions)
Bill 2011 No. , 2011
(g) paragraph 33(a) of the Heritage Conservation Act of the
1
Northern Territory;
2
(h) section 4 of the Aboriginal Land Act of the Northern
3
Territory;
4
(i) sections 111, 112 and 113 of the Heritage Act of the
5
Northern Territory;
6
(j) any other law prescribed by the regulations that relates to:
7
(i) entering, remaining on or damaging cultural heritage; or
8
(ii) damaging or removing a cultural heritage object.
9
5 Subsection 15AB(4)
10
Omit "subsections (1) and (2)", substitute "subsections (1), (2) and
11
(3A)".
12
6 Section 16A (heading)
13
Repeal the heading, substitute:
14
16A Matters to which court to have regard when passing sentence
15
etc.--federal offences
16
7 After subsection 16A(2A)
17
Insert:
18
(2AA) Subsection (2A) does not apply in relation to an offence against the
19
following:
20
(a) section 22 of the Aboriginal and Torres Strait Islander
21
Heritage Protection Act 1984;
22
(b) sections 15A, 15C, 17B, 22A, 27A, 74AA, 142A, 142B,
23
207B, 354A, 355A and 470 of the Environment Protection
24
and Biodiversity Conservation Act 1999;
25
(c) section 48 of the Aboriginal Land Grant (Jervis Bay
26
Territory) Act 1986;
27
(d) sections 69 and 70 of the Aboriginal Land Rights (Northern
28
Territory) Act 1976;
29
(e) section 30 of the Aboriginal Land (Lake Condah and
30
Framlingham Forest) Act 1987;
31
(f) any other law prescribed by the regulations that relates to:
32
(i) entering, remaining on or damaging cultural heritage; or
33
(ii) damaging or removing a cultural heritage object.
34
Amendment of the Crimes Act 1914 Schedule 4
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011
No. , 2011 23
8 After section 16A
1
Insert:
2
16AA Matters to which court to have regard when passing sentence
3
etc.--Northern Territory offences
4
(1) In determining the sentence to be passed, or the order to be made,
5
in relation to any person for an offence against a law of the
6
Northern Territory, a court must not take into account any form of
7
customary law or cultural practice as a reason for:
8
(a) excusing, justifying, authorising, requiring or lessening the
9
seriousness of the criminal behaviour to which the offence
10
relates; or
11
(b) aggravating the seriousness of the criminal behaviour to
12
which the offence relates.
13
(2) Subsection (1) does not apply in relation to an offence against the
14
following:
15
(a) sections 33, 34 and 35 of the Northern Territory Aboriginal
16
Sacred Sites Act of the Northern Territory;
17
(b) paragraph 33(a) of the Heritage Conservation Act of the
18
Northern Territory;
19
(c) section 4 of the Aboriginal Land Act of the Northern
20
Territory;
21
(d) sections 111, 112 and 113 of the Heritage Act of the
22
Northern Territory;
23
(e) any other law prescribed by the regulations that relates to:
24
(i) entering, remaining on or damaging cultural heritage; or
25
(ii) damaging or removing a cultural heritage object.
26
(3) In subsection (1):
27
criminal behaviour includes:
28
(a) any conduct, omission to act, circumstance or result that is, or
29
forms part of, a physical element of the offence in question;
30
and
31
(b) any fault element relating to such a physical element.
32
9 Application of amendments
33
Schedule 4 Amendment of the Crimes Act 1914
24 Stronger Futures in the Northern Territory (Consequential and Transitional Provisions)
Bill 2011 No. , 2011
(1)
The amendments made by items 1, 2, 3, 4 and 5 of this Schedule apply
1
to a proceeding relating to bail that:
2
(a) is initiated on or after commencement; and
3
(b) is not an appeal against a decision of a bail authority that was
4
made before commencement.
5
(2)
The amendments made by items 1, 2, 7 and 8 of this Schedule apply to
6
a proceeding relating to sentencing that:
7
(a) is initiated on or after commencement; and
8
(b) is not an appeal against a sentence that was imposed before
9
commencement.
10
11
Amendment of other Acts Schedule 5
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011
No. , 2011 25
Schedule 5--Amendment of other Acts
1
2
Social Security (Administration) Act 1999
3
1 Subsections 123YE(2), 123YF(2), 123YI(2) and 123YJ(2)
4
(note)
5
Repeal the note.
6
2 Subsection 123ZH(2) (second note)
7
Repeal the note.
8

 

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