Northern Territory Numbered Acts

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JUDICIAL AND OTHER OFFICERS' ENTITLEMENTS LEGISLATION AMENDMENT ACT 2023 (NO 14 OF 2023) - SECT 34

Section 8 amended (Solicitor for the Territory)

(1)     Section 8(3)

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for:

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for the following, and is, for that purpose, entitled to practise as a legal practitioner in any court and entitled to all the rights and privileges of a legal practitioner:

(2)     Section 8(3)(h)

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or

(3)     Section 8(3)(j)

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act,

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act.

(4)     Section 8(3)

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all words from "and is" to "practitioner."

(5)     Section 8(4)

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    (4)     The CEO may do the following:

    (a)     act personally in the name of the Solicitor for the Northern Territory;

    (b)     by signed written instrument, authorise an officer of the Agency who is a legal practitioner to act in the name of the Solicitor for the Northern Territory generally or as otherwise provided for in the instrument.

(6)     Section 8(5)

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all words from "of:" to "deemed"

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of the CEO or a person authorised under subsection (4)(b) is taken

(7)     Section 8(6)

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    (6)     A person who is authorised to act under subsection (4)(b):

    (a)     is responsible to the CEO and, through the CEO, to the Attorney-General in relation to anything the person does under the authorisation; and

    (b)     must comply with any directions given by the CEO.

(8)     Section 8(7)

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all words from "pursuant" to "deemed"

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under a direction given by the CEO is taken

(9)     Section 8(7) and (8)

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Secretary

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CEO

(10)     Section 8(8)

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his or her

(11)     Section 8(8)

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he or she

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the CEO

(12)     Section 8(9)

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    (9)     Despite subsection (5) but subject to subsection (8), the CEO, or a person authorised by the CEO under subsection (4)(b), is subject to the duties and obligations to which the CEO or person would be subject if the CEO or authorised person were a legal practitioner when:

    (a)     the CEO or person does, or omits to do, an act or thing in the name of the Solicitor for the Northern Territory; or

    (b)     another person does, or omits to do, an act or thing in the name of the Solicitor for the Northern Territory under the direction or authority of the CEO or person.

(13)     Section 8(10)

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shall

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must

(14)     Section 8(11)

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shall

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is to

(15)     Section 8(12), definitions Department and Secretary

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(16)     Section 8(12)

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"CEO" means the Chief Executive Officer.



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