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CRIMES ACT 1914 - SECT 16AA

Matters to which court to have regard when passing sentence etc.--Northern Territory offences

             (1)  In determining the sentence to be passed, or the order to be made, in relation to any person for an offence against a law of the Northern Territory, a court must not take into account any form of customary law or cultural practice as a reason for:

                     (a)  excusing, justifying, authorising, requiring or lessening the seriousness of the criminal behaviour to which the offence relates; or

                     (b)  aggravating the seriousness of the criminal behaviour to which the offence relates.

             (2)  Subsection (1) does not apply in relation to an offence against the following:

                     (a)  sections 33, 34 and 35 of the Northern Territory Aboriginal Sacred Sites Act of the Northern Territory;

                     (b)  paragraph 33(a) of the Heritage Conservation Act of the Northern Territory;

                     (c)  section 4 of the Aboriginal Land Act of the Northern Territory;

                     (d)  sections 111, 112 and 113 of the Heritage Act of the Northern Territory;

                     (e)  any other law prescribed by the regulations that relates to:

                              (i)  entering, remaining on or damaging cultural heritage; or

                             (ii)  damaging or removing a cultural heritage object.

             (3)  In subsection (1):

"criminal behaviour " includes:

                     (a)  any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and

                     (b)  any fault element relating to such a physical element.



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