Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Part 10 (heading)
Repeal the heading, substitute:
Part 10 -- Material prohibited in certain areas in the Northern Territory
2 Section 99 (definition of prescribed area )
Repeal the definition.
3 Section 99
Insert:
"prohibited material area" means an area in the Northern Territory in relation to which a determination under subsection 100A(1) is in force.
3A After section 99
Insert:
99A The Racial Discrimination Act is not affected
This Part does not affect the operation of the Racial Discrimination Act 1975 .
4 Sections 100A and 100B
Repeal the sections, substitute:
100A Prohibited material areas
(1) The Indigenous Affairs Minister may, by legislative instrument, determine that an area in the Northern Territory is a prohibited material area.
(2) The Indigenous Affairs Minister may, by legislative instrument, revoke or vary a determination under subsection (1).
(3) The Indigenous Affairs Minister may make a determination under subsection (1) or (2):
(a) on the Indigenous Affairs Minister's own initiative; or
(b) following a request made to the Indigenous Affairs Minister by, or on behalf of, a person who is ordinarily resident in the area to which the determination relates.
Community consultation
(4) Before making a determination under subsection (1) or (2) in relation to an area, the Indigenous Affairs Minister must ensure that:
(a) information setting out:
(i) the proposal to make the determination; and
(ii) an explanation, in summary form, of the consequences of the making of the determination;
has been made available in the area; and
(b) people living in the area have been given a reasonable opportunity to make submissions to the Indigenous Affairs Minister about:
(i) the proposal to make the determination; and
(ii) the consequences of the making of the determination; and
(iii) their circumstances, concerns and views, so far as they relate to the proposal.
(5) A failure to comply with subsection (4) does not affect the validity of a determination under subsection (1) or (2).
Criteria for making a determination
(6) In making a determination under subsection (1) or (2) in relation to an area, the Indigenous Affairs Minister must have regard to the following matters:
(a) the object of this Part (see section 98A);
(b) the wellbeing of people living in the area;
(c) whether there is reason to believe that people living in the area have been the victims of violence or sexual abuse;
(d) the extent to which people living in the area have expressed their concerns about being at risk of violence or sexual abuse;
(e) whether there is reason to believe that children living in the area have been exposed to prohibited material;
(f) the extent to which people living in the area have expressed the view that their wellbeing will be improved if this Part continues to apply in relation to the area;
(g) any submissions of the kind referred to in paragraph (4)(b);
(h) the views of relevant law enforcement authorities;
(i) any other matter that the Indigenous Affairs Minister considers relevant.
(7) If:
(a) the Indigenous Affairs Minister makes a determination under subsection (1) in relation to an area; and
(b) under subsection (2), the Indigenous Affairs Minister:
(i) revokes the determination; or
(ii) varies the determination so that the area is no longer a prohibited material area;
then this Part continues to apply in relation to that area, after the revocation or variation takes effect, in relation to things done, or omitted to be done, before the revocation or variation takes effect.
5 Section 100C
Omit "sections 100A and 100B", substitute "section 100A".
6 Section 101 (heading)
Repeal the heading, substitute:
101 Possession or control of level 1 prohibited material in prohibited material areas
7 Paragraph 101(c)
Omit "prescribed area", substitute "prohibited material area".
8 Section 102 (heading)
Repeal the heading, substitute:
102 Possession or control of level 2 prohibited material in prohibited material areas
9 Paragraph 102(c)
Omit "prescribed area", substitute "prohibited material area".
10 Section 103 (heading)
Repeal the heading, substitute:
103 Supplying prohibited material in and to prohibited material areas
11 Paragraphs 103(1)(b) and (2)(b)
Omit "prescribed area", substitute "prohibited material area".
12 Subsection 103(3)
Omit "prescribed area" (wherever occurring), substitute "prohibited material area".
13 Paragraph 106(a)
Omit "prescribed area", substitute "prohibited material area".
14 Sections 114 and 115
Repeal the sections, substitute:
114 Review of operation of this Part
(1) The Indigenous Affairs Minister must cause an independent review to be undertaken of the first 7 years of the operation of this Part.
(2) The review must:
(a) assess the effectiveness of the special measures provided for by this Part; and
(b) consider any other matter specified by the Indigenous Affairs Minister.
(3) The review must be completed, and a report must be prepared, before the end of 8 years after this Part commences.
(4) The person undertaking the review must give the report of the review to the Indigenous Affairs Minister.
(5) The Indigenous Affairs Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of receiving it.
115 Indigenous Affairs Minister may determine that provisions of this Part cease to have effect
(1) The Indigenous Affairs Minister may, by legislative instrument, determine that some or all of the provisions of this Part cease to have effect.
Note: Under section 116, all of the provisions of this Part cease to have effect 10 years after the day section 3 of the Stronger Futures in the Northern Territory Act 2012 commences. This section allows the Indigenous Affairs Minister to determine that some or all of the provisions of this Part cease to have effect before then.
(2) The Indigenous Affairs Minister may, by legislative instrument, revoke a determination under subsection (1).
Community consultation
(3) Before making a determination under subsection (1) or (2), the Indigenous Affairs Minister must ensure that:
(a) information setting out:
(i) the proposal to make the determination; and
(ii) an explanation, in summary form, of the consequences of the making of the determination;
has been made available to people living in prohibited material areas; and
(b) people living in prohibited material areas have been given a reasonable opportunity to make submissions to the Indigenous Affairs Minister about:
(i) the proposal to make the determination; and
(ii) the consequences of making the determination; and
(iii) their circumstances, concerns and views, so far as they relate to the proposal.
(4) A failure to comply with subsection (3) does not affect the validity of a determination under subsection (1) or (2).
Criteria for making a determination
(5) In making a determination under subsection (1) or (2) in relation to an area, the Indigenous Affairs Minister must have regard to the following matters:
(a) the object of this Part (see section 98A);
(b) the wellbeing of people living in prohibited material areas;
(c) whether there is reason to believe that people living in prohibited material areas have been the victims of violence or sexual abuse;
(d) the extent to which people living in prohibited material areas have expressed their concerns about being at risk of violence or sexual abuse;
(e) whether there is reason to believe that children living in prohibited material areas have been exposed to prohibited material;
(f) the extent to which people living in prohibited material areas have expressed the view that their wellbeing will be improved if this Part applies;
(g) any submissions of the kind referred to in paragraph (3)(b);
(h) the views of relevant law enforcement authorities;
(i) any other matter that the Indigenous Affairs Minister considers relevant.
(6) If the Indigenous Affairs Minister makes a determination under subsection (1), then this Part continues to apply after the determination takes effect in relation to things done, or omitted to be done, before the determination takes effect.
(7) If, under subsection (2), the Indigenous Affairs Minister revokes a determination under subsection (1), then the provisions of this Part that were specified in the determination under subsection (1) apply again after the revocation takes effect.
This Part ceases to have effect 10 years after the day section 3 of the Stronger Futures in the Northern Territory Act 2012 commences.
15 Transitioning prescribed areas to prohibited material areas
(1) If, immediately before commencement:
(a) an area in the Northern Territory was a prescribed area under section 4 of the old Act; and
(b) there was not a determination in force in relation to the area under subsection 100A(1) of the Classification (Publications, Films and Computer Games) Act 1995 ;
then, on commencement, the Indigenous Affairs Minister is taken to have made a determination under subsection 100A(1) of the Classification (Publications, Films and Computer Games) Act 1995 that the area is a prohibited material area.
(2) The determination referred to in subitem (1) may be revoked or varied, after commencement, under subsection 100A(2) of the Classification (Publications, Films and Computer Games) Act 1995 .
16 Application of amendments
The amendments made by this Schedule apply in relation to acts or omissions occurring on or after commencement in relation to material that was classified before, on or after commencement.