Northern Territory Numbered Acts

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PASTORAL LAND LEGISLATION AMENDMENT ACT 2018 (NO 20 OF 2018) - SECT 9

Section 35 amended

(1)     Section 35(1)

omit

notice in writing

insert

written notice

(2)     Section 35(1)(a) to (c), at the end

insert

and

(3)     Section 35(3)

omit

shall

insert

must

(4)     Section 35(4), (5) and (6)

omit, insert

    (4)     A person commits an offence if:

    (a)     the person receives a notice under subsection (1); and

    (b)     the person intentionally engages in conduct; and

    (c)     the conduct results in a contravention of the notice and the person is reckless in relation to the result.

Maximum penalty:     440 penalty units and 8 penalty units for each day during which the offence continues.

    (4A)     Strict liability applies to subsection (4)(a).

    (4B)     It is a defence to a prosecution for an offence against subsection (4) if the defendant has a reasonable excuse.

    (5)     The Minister may, by written notice, require a person (the applicant ) making an application under section 68(1) to provide the Minister with a statutory declaration setting out the particulars mentioned in subsection (1) that the Minister requires in order to be satisfied that, on the completion of the proposed transaction, the applicant or another person would not contravene section 34(1).

    (5A)     The Minister may, by written notice, require a person (an interested person ) who, if an application under section 68(1) is approved, would gain an interest in the land subject to the application to provide the Minister with a statutory declaration setting out the particulars mentioned in subsection (1) that the Minister requires to be satisfied that, on the completion of the proposed transaction, the interested person or another person would not contravene section 34(1).

    (6)     The Minister must not refer an application to the Board under section 68(2), or consent to the proposed lease transaction, until the applicant or the interested person has complied with a notice under subsection (5) or (5A).

(5)     Section 35(7), (10) and (11)

omit (all references)

shall

insert

must

(6)     Section 35(8)

omit

may in his or her

insert

may, at the Minister's

(7)     Section 35(10)

omit

pursuant to

insert

under

(8)     Section 35(10)

omit

his or her

insert

the Minister's

(9)     Section 35(10)

omit

notice in the Gazette

insert

Gazette notice



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