Northern Territory Explanatory Statements

[Index] [Search] [Download] [Bill] [Help]


STATUTE LAW REVISION BILL 2014


2014

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

ATTORNEY-GENERAL AND MINISTER FOR JUSTICE

STATUTE LAW REVISION BILL 2014

SERIAL NO. 95


EXPLANATORY STATEMENT


GENERAL OUTLINE

The purpose of the Bill is to make minor revisions and corrections to the laws of the Northern Territory in ways that do not reflect substantive changes in policy.

Amendments to various Acts and Regulations have been carried out to correct typographical or other similar errors or omissions, and generally to tidy up and bring superseded provisions up to date.

NOTES ON CLAUSES

Part 1 Preliminary matters

Clause 1. Short Title

This is a formal clause which provides for the citation of the Bill. The Bill, when passed, may be cited as the Statute Law Revision Act 2014.

Clause 2. Amendment of laws

This is a formal clause which provides that Schedule 1 amends the laws mentioned in it.

Clause 3. Repeal of laws

This is a formal clause which provides that the laws specified in Schedule 2 are repealed.

Clause 4. Expiry of Act

This is a standard clause which provides that the Statute Law Revision Act 2014 expires on the day after it commences.

Schedule 1 Amendment of laws

Administration and Probate Act

Section 63, heading, is amended by omitting ‘interstate’ and substituting ‘intestate’ to correct a typographical error.

Schedule 6, Part IV, item 4 is amended to correct typographical errors by omitting:

· ‘interstate’ and substituting ‘intestate; and

· ‘bedeemed’ and substituting ‘be deemed’.

Adult Guardianship Act

Section 14(3) is amended by inserting ‘, or’ after ‘relative of’ to correct a typographical error so that it reads ‘Where a near relative of, or an agent for, a proposed represented person...’.

Advance Personal Planning Act

Section 78(2)(a) is amended by omitting the reference to subsection (2) and substituting ‘or (1A)’ to correct a cross referencing error.

Advance Personal Planning Regulations

Regulation 3(2) is amended to include the Institute of Public Accountants as an equivalent to the other bodies included in the definition of ‘accountant’ by inserting in the definition ‘(ba) a member of the Institute of Public Accountants ACN 004 130 643 who holds a current Certificate of Professional Practice issued by the Institute;’.

Associations Act

Section 63(1) is amended by omitting the words ‘, other than an association for which a declaration under section 102 has been made,’ as section 102 has been repealed and this reference overlooked.

Associations Regulations

Regulation 16 is omitted as section 102 has been repealed and this reference overlooked.

Building (RBI and Fidelity Fund Schemes) Regulations

Regulation 62(1) is amended to correct a typographical error by inserting the word ‘the’ before ‘following’.

Building Regulations

Regulation 39C(3) is amended by inserting ‘(ba) a member of the Institute of Public Accountants ACN 004 130 643 who holds a current Certificate of Professional Practice issued by the Institute;’ after regulation 39C(3)(b) to include the Institute of Public Accountants as an equivalent to the other bodies included in the definition.

Bushfires Act

Section 47(1), (2), (3C) and (4) is amended by omitting all references to ‘Director’ and substituting ‘Chief Executive Officer’ to reflect recent changes to administrative arrangements. The definition of ‘Director’ is consequently omitted from section 5(1).

The Bushfires Act currently confers powers on the Director of the Parks and Wildlife Commission in relation to maintenance of firebreaks. However, following recent changes to administrative arrangements, the Director is no longer the appropriate office to have these powers and the powers are therefore now vested in the CEO of the Agency administering the Act. This also ensures that, should administrative arrangements change in the future, the powers will transfer to the CEO of the responsible Agency without the need for legislative amendment.

Bushfires Regulations

Regulation 8(2) and (3) is amended by omitting ‘Director’ and substituting ‘Chief Executive Officer’ to reflect recent changes to administrative arrangements.

Schedule 1, Forms 1, 2, 3 and 4 of Schedule 1 are also amended by omitting all references to ‘Director’ or ‘Director of Parks and Wildlife’ and substituting ‘Chief Executive Officer’ to reflect recent changes to administrative arrangements.

Carers Recognition Act

Section 5(3)(b) is amended by omitting ‘has been placed in the care of that person under the Community Welfare Act or’ and substituting
‘is under the person’s care under’ as the
Community Welfare Act has been repealed.

Commercial and Private Agents Licensing Act

Section 20, heading, is amended by omitting ‘Court may order’ and substituting ‘Commissioner may require’ so that the heading accurately reflects the provisions in the section.

Sections 29(6), 30(2), 33(1A) and 46B are amended by omitting ‘Where’ and substituting ‘If’ to reflect current drafting practice.

Commercial Passenger (Road) Transport Act

Section 87(b) is amended by omitting ‘affect’ and substituting ‘effect’ to correct a typographical error.

Construction Contracts (Security of Payments) Act

Section 8(a) is amended to clarify the meaning of the provision. The provision was intended to create two triggers for a dispute after the making of a payment claim – one if the claim was rejected (even if it had not yet become due), and the second if the claim was not paid on time (even if there had not been a formal rejection). Paragraph (a) is amended by omitting the whole paragraph and substituting the following words to remove ambiguity: ‘(a) a payment claim has been made under a contract and either: (i) the claim has been rejected or wholly or partly disputed; or (ii) when the amount claimed is due to be paid, the amount has not been paid in full; or’.

Crimes at Sea Act

Clause 14(1), (2)(a), (3) and (4)(a) of the Schedule to the Crimes at Sea Act are amended by omitting ‘Schedule 2 to the Petroleum (Submerged Lands) Act 1967 (Commonwealth)’ and substituting ‘Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)’ as the Petroleum (Submerged Lands) Act 1967 (Cth) was repealed and replaced by the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth).

Clause 14(2)(b) of the Schedule is amended by omitting ‘subsection (7) of section 5A of the Petroleum (Submerged Lands) Act 1967 (Commonwealth)’ and substituting ‘section 8(2) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)’ as the Petroleum (Submerged Lands) Act 1967 (Cth) was replaced by the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth).

Clause 14(3)(b) and (4)(a)(ii) of the Schedule is amended by omitting ‘Area A of Zone of Cooperation’ and substituting ‘the Joint Petroleum Development Area’ to reflect amendments by the Commonwealth and New South Wales to the co-operative scheme Crimes at Sea legislation.

Clause 14(4)(b) of the Schedule is amended by omitting all words from ‘adjacent’ to ‘(Commonwealth))’ and substituting ‘offshore area for the Territory of Ashmore and Cartier Islands (within the meaning of section 8(1) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth))’ to reflect amendments by the Commonwealth replacing the Petroleum (Submerged Lands) Act 1967 (Cth) with the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) and amendments by the Commonwealth and New South Wales to the Crimes at Sea legislation.

Clause 14(4)(c) of the Schedule is amended by omitting ‘(a) and’ and substituting ‘(a) and (b).’ to correct a typographical error.

Clause 14 of the Schedule is amended by inserting new subclause (6) after clause 14(5): ‘(6) A reference in this clause to the area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) in relation to a State or Territory is a reference to the scheduled area for that State or Territory within the meaning given by that Schedule.’ This is to reflect amendments by the Commonwealth replacing the Petroleum (Submerged Lands) Act 1967 (Cth) with the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) and amendments by the Commonwealth and New South Wales to the Crimes at Sea legislation.

Cross-border Justice Act

Section 127(2)(b) is amended by omitting ‘finer’ and substituting ‘fine’ to correct a typographical error.

Darwin Port Corporation Act

Section 26A(4) is amended by omitting ‘unit’ in the penalty provision and substituting ‘units’ to correct a typographical error.

Director of Public Prosecutions Act

Section 4(5)(b) is amended by omitting ‘employment,’ and substituting ‘employment;’ to reflect current drafting practice.

Section 24(1) is amended by deleting the repeated word ‘in’ to correct a typographical error.

Disability Services Act

Section 26 is amended by substituting ‘(2A)’ for ‘(2)’ to correct a typographical error in numbering.

Section 27(1) is amended by omitting ‘officer’ and substituting ‘employee’ to correct a minor drafting error.

Section 27(4) is amended by omitting ‘person’ and substituting ‘resident’ to correct a minor drafting error.

Section 62(3)(b) and (c) is amended by omitting ‘community visitor’ and substituting ‘member’ to correct a minor drafting error.

Education (College and School Councils) Regulations

Regulation 14(1)(d)(i) is amended by inserting after ‘Accountants’ the ‘Institute of Public Accountants ACN 004 130 643’. This is to include the Institute of Public Accountants as an equivalent to the other bodies referred to in the provision.

Evidence Act

The heading to section 62A of the Evidence Act is amended. Section 62A(1) (which provides that In any complaint or information an allegation that any place is within a local government area or a town is prima facie evidence of the fact so alleged) was consequentially amended by the Local Government Amendment Act 2013 to omit the words ‘municipality, shire’ and substitute with ‘local government area’. However the heading of the section was overlooked and needs to be amended to correct the inconsistency by omitting ‘municipality’ and replacing with ‘local government area’.

Firearms Regulations

Schedule 4, Column 1, is amended to correct three typographical or cross-referencing errors, namely by omitting ‘62(4)’ and substituting ‘63(4)’, omitting ’14 days’ and substituting ‘7 days’ and omitting ‘69(2)’ and substituting ‘69(1)’.

Fisheries Regulations

Regulation 122A(1) is amended by omitting from paragraphs (c) and (d) ‘the Fisheries Regulations’ and substituting ‘these Regulations’ to correct a minor drafting error in the way in which the Regulations are referred.

Regulation 141J(5)(a) is amended by omitting the whole paragraph and substituting ‘(a) cancel the number of quota units attached to the licence that equals the number of units used; and’ to effect an amendment the Fisheries Amendment (Demersal Fishery) Regulations 2012 unsuccessfully sought to make, due to a drafting error.

Regulation 209A(2) is amended by deleting the repeated word ‘the’ to correct a typographical error.

Gaming Machine Act

Section 146(1) is amended by inserting ‘(ba) a member of the Institute of Public Accountants ACN 004 130 643 who holds a current Certificate of Professional Practice issued by the Institute;’ after section 146(1)(b) to include the Institute of Public Accountants as an equivalent to the other bodies referred to in the provision.

Gene Technology (Northern Territory) Act

Section 14 is amended to correct grammatical and consistency errors and reflect current drafting practice. Paragraph (a) is amended by omitting the words ‘an offence against both’ and substituting ‘both an offence against’; paragraph (b) is amended by omitting the words ‘that offence under those Commonwealth laws’ and substituting ‘the offence against the Commonwealth gene technology laws’; and the words ‘offence under the’ are substituted with ‘offence against the’.

Health and Community Services Complaints Act

Section 52(2) is amended by omitting ‘effect’ and substituting ‘affect’ to correct a typographical error.

Section 55(1) is amended by omitting the reference to sections 41 ‘and’ 42 and substituting a reference to section 41 ‘or’ 42 to correct a grammatical error.

Health Practitioners Act

Sections 18C(1) and 18E(1) are amended by omitting all references to ‘Schedule 8’ and substituting ‘Schedule 7’ to reflect the renumbering by the Health Practitioner (National Uniform Legislation) Implementation Act 2012.

Housing Act

Section 18, heading, is amended by inserting ‘(Housing)’ at the end of the heading to correct a minor drafting error in the title of the CEO (Housing).

Section 21 is amended by omitting from paragraphs (a), (b), (c) and (d) ‘the Chief Executive Officer (Housing)’ and substituting ‘it’ to reflect current drafting practice.

Section 21 is further amended by inserting ‘and’ at the end of paragraphs (a) and (b) to reflect current drafting practice.

Section 24(1) is amended by omitting ‘to the Chief Executive Officer (Housing)’ and substituting ‘to it’ to reflect current drafting practice.

Section 24(2) is amended by omitting ‘subsection (1)’ and substituting ‘this section’ to reflect current drafting practice.

Section 25(1) is amended by omitting ‘Notwithstanding’ and substituting ‘Despite’ to reflect current drafting practice.

Section 25(2) is amended by omitting ‘shall’ and substituting ‘must’ to reflect current drafting practice.

Section 25(2) is amended by omitting from paragraphs (a) and (c) ‘the Chief Executive Officer (Housing)’ and substituting ‘it’ to reflect current drafting practice.

Section 25(2)(a) is further amended by inserting ‘and’ at the end of the paragraph to reflect current drafting practice.

Interpretation Act

Section 17 of the Interpretation Act is amended by inserting definitions for ‘affidavit’ and ‘oath’ to make it clear that the meaning of those terms in Territory legislation is by reference to their meaning in the Oaths, Affidavits and Declarations Act.

Section 33 of the Interpretation Act formerly included a definition of ‘oath’ and ‘affidavit’. These definitions were repealed with the passage of the Oaths, Affidavits and Declarations Act in 2010. The absence of a definition has led to confusion as to the meanings of these terms. Insertion of signpost definitions are to provide clarity.

Law of Property Act

Section 48(6)(a) is amended by omitting ‘in stead’ and substituting ‘instead’ to correct a typographical error.

Section 79, definition of ‘instrument of mortgage’, is amended by inserting ‘Geothermal Energy Act,’ after ‘property under the’ to include the Geothermal Energy Act for completeness as, like the other Acts listed in the definition, the Act allows titles to be mortgaged under it.

Legal Profession Act

Sections 657(1), 667(1) and 677(1) are amended by inserting ‘to’ after ‘applies’ to correct a typographical error.

Legal Profession Regulations

Regulation 80F(b) is amended by omitting ‘Community Welfare Act’ and substituting ‘Care and Protection of Children Act’ as the Community Welfare Act was repealed by the Care and Protection of Children Act.

Regulation 80F(c) is omitted as the Crimes (Victims Assistance) Act has been repealed.

Local Government (Accounting) Regulations

Regulation 5(2)(b) is amended by omitting ‘ICA/CPA’ and substituting ‘the Institute of Chartered Accountants, the Institute of Public Accountants ACN 004 130 643 or CPA’ to include the Institute of Public Accountants as an equivalent to the other bodies referred to in the provision.

Marine Safety (Domestic Commercial Vessel) (National Uniform Legislation) Act

Section 12 is amended to correct grammatical and consistency errors and reflect current drafting practice. Paragraph (a) is amended by omitting the words ‘an offence against both’ and substituting ‘both an offence against’; paragraph (b) is amended by omitting the words ‘that offence under’ and substituting ‘the offence against’; and ‘under’ is substituted with ‘against’.

Mental Health and Related Services Act

Section 26 is amended by omitting ‘authorised person’ from subsections (6) and (7)(c) and substituting ‘authorised officer’ to reflect amendments made by the Care and Protection of Children Act.

Section 26(8) is amended by omitting the whole definition of an ‘authorised person’ and substituting ‘authorised officer, see section 304(1) of the Care and Protection of Children Act’ to reflect amendments made by the Care and Protection of Children Act.

The term "electroconvulsive" appears in the Act spelt both as one word and as two words. For consistency, all instances of the two-word spelling are changed to a single word. Amendments are made to the heading for Part 9, Division 2, and to sections 66(2), 66(4), 66(6)(a), 66(7), 67(2), 67(3), 67(6)(c), 67(6)(d), 68(4)(c), 68(4)(d), 69(c), 70(e) and 73(2)(b) to correct inconsistencies in spelling.

Mineral Royalty Act

Section 10(5)(a) is amended by omitting reference to ‘a’ in ‘a mineral’ to correct a typographical error.

Misuse of Drugs Act

Section 19K(1) is amended by omitting ‘Public Health Act’ and substituting ‘Public and Environmental Health Act’ as the Public Health Act was replaced by the Public and Environmental Health Act.

National Gas (Northern Territory) Act

The definitions in section 9(1), of ‘adjacent area of another participating jurisdiction’ and ‘adjacent area of this jurisdiction’, are amended by omitting ‘Petroleum Act’ and substituting ‘Petroleum and Greenhouse Gas Storage Act’ to reflect the renaming of the Commonwealth Act.

Sections 17 and 19 and the Schedule are all omitted as the provisions are spent and therefore can be repealed.

Northern Territory Environment Protection Authority Act

Section 29(4) is amended to correct an inconsistency between subsections (2) and (4). Currently section 29(4) only refers to ‘commercially confidential’ information but should cover any information withheld under subsection (2).

Pastoral Land Act

Section 108(2) is amended by omitting ‘subparagraphs (i) to (x) of section 109(1)(b)’ and substituting ‘section 109(1)(b)(i) to (x)’ to reflect current drafting practice.

Pearl Oyster Culture Industry Management Plan

Clause 9(5) is amended by omitting ‘of the Commonwealth’ and substituting ‘(Cth), as in force immediately before its repeal,’ to ensure that the definition continues to have the same effect as it had prior to the repeal of the Commonwealth Petroleum (Submerged Lands) Act (1967).

Plumbers and Drainers Licensing Act

The definition of ‘plumbing’ in section 3 is amended to correct a typographical error by substituting a comma for a full-stop.

Police Administration Act

Section 160(2) is amended by omitting ‘(2)’ to reflect current drafting practice.

Private Hospitals Act

Section 4 is amended by omitting the whole definition of ‘Chief Health Officer’ to reflect amendments intended by the Public and Environmental Health Act.

Section 20(4) is amended by omitting a repeated paragraph number ‘(c)’ and substituting ‘(ca)’ to correct a numbering error.

Public and Environmental Health Act

Section 21(2)(c) is amended by omitting ‘variation’ and substituting ‘registration’ and omitting ‘made’ and substituting ‘cancelled’ to correct drafting errors.

Public Trustee Act

Section 59A is amended by omitting ‘titled’ and substituting ‘title’ to correct a typographical error.

Racing and Betting Act

Section 8 is amended by:

· omitting the words at the end of the section & inserting them at the beginning to reflect current drafting practice;

· omitting the word ‘or’ at the end of paragraphs (a), (b) and (c) to reflect current drafting practice; and

· omitting the reference to section 23 of the Totalizator Administration and Betting Act in paragraph (c) and substituting ‘section 43 of the Totalisator Licensing and Regulation Act’ as the Totalizator Administration and Betting Act was repealed by the Sale of NT TAB Act 2000 and paragraph (c) needs to be updated.

Rail Safety (National Uniform Legislation) Act

The definition of ‘court’, in section 5(1), is amended to correct errors in cross referencing:

· in paragraph (a) by omitting ‘6’ and substituting ‘7’; and

· in paragraph (b) by omitting ‘9’ and substituting ‘10’.

Serious Crime Control Regulations

Regulation 2(a) is amended by omitting ‘2009’ and substituting ‘2012’ to reflect the Crimes (Criminal Organisations Control) Act 2009 (NSW) being replaced by the Crimes (Criminal Organisations Control) Act 2012 (NSW).

Serious Sex Offenders Act

Section 59(1) is amended by omitting ‘offence’ and substituting ‘contravention’ to correct an inconsistency.

Stamp Duty Act

Paragraph (d) of the definition of ‘proprietor’ in section 56BE(3) is amended by inserting the word ‘paragraphs’ to correct a typographical error.

Section 86(4) is amended by substituting ‘of’ for ‘or’ to correct a typographical error after the word ‘end’.

Section 89A is amended by omitting the reference to subsection ‘(2)’ from subsections (4) and (7)(a) and substituting a reference to subsection ‘(11)(b)’ to correct a cross referencing error.

Section 95(e) is amended by omitting the reference to section 56K(6) and substituting section 56K(9) to correct a cross referencing error.

Section 105(2)(a) is amended by omitting ‘section’ and substituting ‘sections’ to correct a typographical error.

Clause 22 of Schedule 2 is amended by omitting ‘within’ to correct a typographical error.

Status of Children Act

Section 10(3) is amended by omitting reference to orders made or annulled under the now repealed Maintenance Act. The Maintenance Act was repealed by the Legislation Repeal Act 2005 and this reference to the Maintenance Act was overlooked when being repealed.

Surveillance Devices Act

Section 23(9) is amended by omitting ‘(Interception)’ and substituting ‘(Interception and Access)’ to reflect the renaming of the Commonwealth Telecommunications (Interception and Access) Act 1979.

Section 29(1)(b) is amended to correct a typographical error by deleting the repeated word ‘an’.

Taxation Administration Act

Section 87, definition of ‘powers of entry and search’, is amended by omitting ‘on’ and substituting ‘of’ to correct a typographical error.

Section 102(2)(c)(iii) is amended by omitting the ‘Treasury’ and substituting the ‘Agency’ to update the name of the Agency, relying on the definition of ‘the Agency’ in section 18A(2) of the Interpretation Act.

Territory Parks and Wildlife Conservation Act

Section 92 is amended by inserting new subsection (2A) after section 92(2) providing ‘(2A) A person ceases to be a conservation officer or honorary conservation officer when: (a) the person resigns; or (b) the person’s appointment is terminated; or (c) the person ceases to meet the criteria necessary for appointment.’ This is to clarify the existing position of when a person ceases to be a conservation officer or an honorary conservation officer.

Section 123(5) is amended by omitting the words:

· ‘noxious weed within the meaning of the Noxious Weeds Act’ and substituting ‘declared weed, as defined in section 4 of the Weeds Management Act,’; and

· ‘being declared a noxious’ weed and substituting ‘becoming a declared’ weed.

The Noxious Weeds Act was repealed by the Weeds Management Act 2001. The need to amend the cross reference in section 123(5) was overlooked. What were noxious weeds under the old Act are now declared weeds under the Weeds Management Act.

Terrorism (Emergency Powers) Act

Section 21ZI(1) is amended to correct a formatting error. The words at the end of paragraph (b)(ii) should be outset, not part of subparagraph (ii) (as in the equivalent provision in section 105.35 of the Anti-Terrorism Act (No. 2) 2005 (Cth)).

Traffic Regulations

Regulation 40(e) is amended by omitting ‘Division 2 of Part 2’ and substituting ‘Part 2, Division 2’ to reflect current drafting practice.

Regulation 53(2)(c) is amended by omitting ‘Division 3 of Part 2’ and substituting ‘Part 2, Division 3’ to reflect current drafting practice.

Transplantation and Anatomy Act

Section 13(a) is amended to correct a cross referencing error by omitting the reference to section ‘16A(6)’ and substituting ‘16A(4)’.

Uncollected Goods Regulations

Regulation 2(a)(i) is amended by substituting a reference to ‘Part 4 of the Alice Springs (Management of Public Places) By-Laws;’ as the
Alice Springs (Control of Public Places) By-Laws were replaced by the Alice Springs (Management of Public Places) By-Laws.

Regulation 2(b)(iii) is amended by omitting the reference to the Northern Territory University (Site and Traffic) By-laws and substituting the Charles Darwin University (Site and Traffic) By-laws as the Northern Territory University (Site and Traffic) By-laws were replaced by the Charles Darwin University (Site and Traffic) By-laws.

Unlawful Betting Act

Sections 18(b) and 31(2) are amended by omitting reference to the Totalizator Administration and Betting Act and substituting the Totalisator Licensing and Regulation Act as the
Totalizator Administration and Betting Act was repealed by the Sale of NT TAB Act 2000 but these references were overlooked. Also ‘authorized’ in section 18(b) has been amended to ‘authorised’ to reflect current drafting practice.

Volatile Substance Abuse Prevention Act

Section 4 is amended by omitting the whole definition of ‘Chief Health Officer’ to reflect amendments made by the Public and Environmental Health Act.

The example cited in section 32 is amended by omitting the reference to the Community Welfare Act which has been repealed.

The definition of ‘community council’ in section 42(1) is amended by omitting the whole paragraph (b) and substituting ‘(b) an Aboriginal and Torres Strait Islander corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth)’ as the Aboriginal Councils and Associations Act 1976 (Cth) was replaced by the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth).

Waste Management and Pollution Control Act

The definition of ‘vehicle’ in section 4(1) is amended to omit reference to the Aerodromes Act which was repealed in 2003. The Marine Act now defines a vessel by reference to the Commonwealth Act, so reference is now made directly to the Marine Safety (Domestic Commercial Vessel) National Law Act 2012 (Cth) to avoid the indirect reference through the Marine Act. The provision is also restructured to bring the formatting into line with current drafting practice.

Various clauses in Schedule 2 are amended to correct a typographical error by amending ‘sewerage’ to ‘sewage’.

Waste Management and Pollution Control (Administration) Regulations

Schedule 2 is amended to correct typographical errors by amending ‘sewerage’ to ‘sewage’ and inserting a comma after ‘paints’.

Workers Rehabilitation and Compensation Act

Clause 2 in Schedule 1A is amended to update all references to the name of Commonwealth Offshore Petroleum Act 2006, which was amended and renamed the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth), in subclauses (1), (2)(a), (2)(b), (3), (4)(a) and (4)(b).

Schedule 2 Laws repealed

Various Amendment of Alice Springs (Control of Public Places) By-laws (Subordinate Legislation No. 18 of 1992, Subordinate Legislation No. 19 of 1992, Subordinate Legislation No. 20 of 1993, Subordinate Legislation No. 32 of 1993, Subordinate Legislation No. 42 of 1994, and Subordinate Legislation No. 64 of 2002) and Amendments of Alice Springs (Todd Mall) By-laws Subordinate Legislation No. 65 of 2002 are repealed as the Alice Springs (Management of Public Places) By-laws 2009 repealed the Alice Springs (Control of Public Places) By-laws and the Alice Springs (Todd Mall) By-Laws but did not also formally repeal the corresponding amending by-laws.

The Care and Protection of Children (Children’s Services) Regulations 2009 and Care and Protections of Children (Children’s Services) Amendment Regulations 2011 are repealed as the Regulations are now redundant since they relate to Chapter 4 of the Care and Protection of Children Act, which has been repealed.

The New Tax System Price Exploitation Code (Northern Territory) Act 1999 is repealed as it related to provisions in the Trade Practices Act 1974 that have been repealed.

The Petroleum Products Subsidy Ordinance 1965, Petroleum Products Subsidy Ordinance (No. 2) 1965, Petroleum Products Subsidy Ordinance 1969, Petroleum Products Subsidy Ordinance 1973, Petroleum Products Subsidy Ordinance 1977, Petroleum Products Subsidy Ordinance 1978, Petroleum Products Subsidy Amendment Act 1985 and Petroleum Products Subsidy Amendment Act 1989 are repealed as they relate to the States Grants (Petroleum Products) Act 1965 (Cth), which has been repealed.

The Sentencing of Juveniles (Miscellaneous Provisions) Act is repealed as it amended the Juvenile Justice Act and the Sentencing Act and included transitional provisions, which are now spent.

 


[Index] [Search] [Download] [Bill] [Help]