Northern Territory Numbered Acts Northern Territory Numbered Acts(1) A by-law must conform with the following principles:
(a) a by-law must not exceed the power under which it is purportedly made;
(b) a by-law must not:
(i) operate retrospectively; or
(ii) impose a tax;
(c) a by-law must not shift the legal or evidential burden of proof to the accused in criminal proceedings unless:
(i) the offence is a parking offence or other minor traffic infringement; or
(ii) the shift of onus concerns only formal matters or matters peripheral to the substance of the offence; or
(iii) there is clear authority in the authorising legislation to shift the onus of proof to the accused;
(d) a by-law must not infringe personal rights in an unreasonable way or to an unreasonable extent;
(e) a by-law must be consistent with basic principles of justice and fairness.
(2) A by-law should reflect the following principles:
(a) a by-law should not impose unreasonable burdens on the community;
(b) a by-law should not restrict competition unless the benefits of the restriction clearly outweigh the detriments;
(c) a by-law should be expressed in plain language as far as possible (and in gender neutral language).
(3) If a by-law infringes one or more principles stated in subsection (2) it is not necessarily invalid on that ground, but a court, in considering whether the by-law represents a reasonable exercise of the power under which the by-law was made, must take the infringement into account.
(4) A by-law should be consistent with other legislation applying in the council's area.
(5) A by-law should avoid duplication of, or overlap with, other legislation.
(6) This section does not affect the validity of a by-law made before the commencement of this Act.