Northern Territory Numbered Acts Northern Territory Numbered ActsFor section 126AB(3)(b)(i) of the Act, the prescribed provisions are those set out in Schedule 3.
After regulation 18
insert
(1) An infringement notice offence is an offence against a provision specified in Schedule 4.
(2) The prescribed amount for an infringement notice offence is the amount equal to the monetary value of the number of penalty units specified for the offence in Schedule 4.
If an inspector reasonably believes a person has committed an infringement notice offence, the inspector may give a notice (an infringement notice ) to the person.
(1) The infringement notice must specify the following:
(a) the name and address of the person, if known;
(b) the date the infringement notice is given to the person;
(c) the date, time and place of the infringement notice offence;
(d) a description of the offence;
(e) the prescribed amount payable for the offence;
(f) the enforcement agency, as defined in the Fines and Penalties (Recovery) Act , to which the prescribed amount is payable.
(2) The infringement notice must include a statement to the effect of the following:
(a) the person may expiate the infringement notice offence and avoid any further action in relation to the offence by paying the prescribed amount to the specified enforcement agency within 28 days after the notice is given;
(b) the person may elect under section 21 of the Fines and Penalties (Recovery) Act to have the matter dealt with by a court instead of under that Act by completing a statement of election and giving it to the specified enforcement agency;
(c) if the person does nothing in response to the notice, enforcement action may be taken under the Fines and Penalties (Recovery) Act , including (but not limited to) action for the following:
(i) suspending the person's licence to drive;
(ii) seizing personal property of the person;
(iii) deducting an amount from the person's wages or salary;
(iv) registering a statutory charge on land owned by the person;
(v) making a community work order for the person and imprisonment of the person if the person breaches the order.
(3) Also, the infringement notice must include an appropriate form for making the statement of election mentioned in subregulation (2)(b).
If the person tenders a cheque in payment of the prescribed amount, the amount is not taken to have been paid unless the cheque is cleared on first presentation.
(1) The Authority may withdraw the infringement notice by written notice given to the person.
(2) The notice must be given:
(a) within 28 days after the infringement notice is given to the person; and
(b) before payment of the prescribed amount.
(1) Regulations 19 to 23 do not prejudice or affect the start or continuation of proceedings for an infringement notice offence for which an infringement notice has been given unless the offence is expiated.
(2) Also, those regulations do not:
(a) require an infringement notice to be given; or
(b) affect the liability of a person to be prosecuted in a court for an offence for which an infringement notice has not been given; or
(c) prevent more than one infringement notice for the same offence being given to a person.
(3) If more than one infringement notice for the same offence has been given to a person, the person may expiate the offence by paying the prescribed amount in accordance with any of the notices.
regulation 3AA
1 Definitions
In this Schedule:
"continental shelf", see the Seas and Submerged Lands Act 1973 (Cth).
"Joint Petroleum Development Area", see the Petroleum (Timor Sea Treaty) Act 2003 (Cth).
"territorial sea", see the Seas and Submerged Lands Act 1973 (Cth).
2 Adjacent areas
(1) The adjacent area for New South Wales, Victoria, South Australia or Tasmania is so much of the scheduled area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) in relation to that State as is within the outer limits of the continental shelf and includes the space above and below that area.
(2) The adjacent area for Queensland is:
(a) so much of the scheduled area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) in relation to Queensland as is within the outer limits of the continental shelf; and
(b) the Coral Sea area (within the meaning of section 7(2) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)) other than the territorial sea within the Coral Sea area; and
(c) the areas within the outer limits of the territorial sea adjacent to certain islands of Queensland as determined by proclamation on 9 February 1983 under section 7 of the Seas and Submerged Lands Act 1973 (Cth); and
(d) the space above and below the areas described in paragraphs (a), (b) and (c).
(3) The adjacent area for Western Australia is so much of the scheduled area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) in relation to Western Australia as:
(a) is within the outer limits of the continental shelf; and
(b) is not within the Joint Petroleum Development Area;
and includes the space above and below that area.
(4) The adjacent area for the Northern Territory is:
(a) so much of the scheduled area described in Schedule 1 to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) in relation to the Northern Territory as:
(i) is within the outer limits of the continental shelf; and
(ii) is not within the Joint Petroleum Development Area; and
(b) the offshore area for the Territory of Ashmore and Cartier Islands (within the meaning of section 7(1) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)) other than the territorial sea within that area; and
(c) the space above and below the areas described in paragraphs (a) and (b).
(5) However, the adjacent area for a State or Territory does not include any area inside the limits of any State or Territory.
regulation 5AB
Estimated Wages, $ Premium, $
(Subject to adjustment as
provided below)
Whereas by virtue of the Return to Work Act (hereinafter called the Act) it is provided that every employer shall obtain from an insurer approved by the Work Health Authority (hereinafter called the Authority) for the purposes of the Act, a policy of insurance or indemnity for the full amount of his or her liability under the Act to all workers employed by him or her and for an amount of not less than $2,000,000 in respect of his or her liability independently of the Act for an injury to a worker in his or her employ and shall maintain such policy in force; and whereas
of
(hereinafter called the Employer) is carrying on business for the purpose of this Indemnity in the Northern Territory of Australia, and has made to , an insurer approved by the Authority for the purposes of the Act (hereinafter called the Insurer), a written proposal and declaration, dated the day of , 20 , containing certain particulars and statements which it is hereby agreed shall be the basis of this contract and be considered as incorporated herein.
Now this policy witnesseth that in consideration of the payment by the Employer to the Insurer of the abovementioned premium (which premium is subject to adjustment as hereinafter provided) if, between the day of , 20 , and 4 o'clock in the afternoon of the day of, 20 , and thereafter to 4 o'clock in the afternoon of the last day of any subsequent period in respect of which the premium has been paid to and accepted by the Insurer, the Employer shall be liable to pay compensation under the Act to or in respect of any person who is or is deemed by the Act to be a worker of such employer, or to pay an amount not exceeding $ in respect of his or her liability independently of the Act for an injury to a worker in his or her employ, then and in every such case, the Insurer will indemnify the Employer against all such sums for which the Employer shall be so liable; the Insurer will also pay all costs and expenses incurred with the written consent of the Insurer in connection with the defence of any legal proceedings in which such liability is alleged. Provided that this policy shall not extend to any business or occupation other than that described herein, unless and until such particulars thereof shall have been supplied to and accepted by the Insurer and the acceptance of such extension endorsed hereon by the Insurer. And it is hereby further agreed that the above indemnity is made subject to the due and proper observance and fulfilment by the Employer of the conditions hereunder. Provided lastly that this policy shall be subject to the Act and the Rules and Regulations made thereunder, all of which shall be deemed to be incorporated in and form part of this policy.
Conditions
NOTICES
1. Every notice or communication to be given or made under this policy shall be delivered in writing at the office of the Insurer from which the policy has been issued.
CLAIMS
2. The Employer shall give notice to the Insurer of any injury to which the policy relates as soon as practicable after information as to the happening of the injury, or of any incapacity arising therefrom, comes to the knowledge of the Employer or of the Employer's representative for the time being, and shall forward to the Insurer forthwith after receipt thereof every written notice of claim, conferences or proceedings and all information as to any verbal notice of claim, conferences or proceedings.
EMPLOYER NOT TO MAKE ADMISSIONS
3. The Employer shall not, without the written authority of the Insurer, incur any expense of litigation, or make a payment, settlement or admission of liability in respect of an injury to or claim made by a worker.
DEFENCE OF PROCEEDINGS
4. The Insurer shall in respect of anything indemnified under this policy, including the bringing, defending, enforcing or settling of legal proceedings for the benefit of the Insurer, be entitled to use the name of the Employer. The Employer shall give all necessary information and assistance, and forward all documents to enable the Insurer to settle or resist a claim as the Insurer may think fit.
SUBROGATION
5. The Insurer shall be entitled to use the name of the Employer in proceedings to enforce, for the benefit of the Insurer, an order made for costs or otherwise, and shall have the right of subrogation, in respect of all rights which the Employer may have against a person or persons who may be responsible to the Employer or otherwise in respect of a claim for an injury covered by this policy, and the Employer shall as and when required execute the necessary documents for the purpose of vesting such rights in the Insurer.
PRECAUTIONS
6. The Employer shall take all reasonable precautions to prevent injuries.
INJURIES
7. So far as practicable, no alteration or repair shall, without the consent of the Insurer, be made in any ways, works, machinery or plant after an injury to a worker occurring in connection therewith until the Insurer has had an opportunity of examining them.
INSPECTION
8. The Insurer shall have the right and opportunity at all reasonable times to inspect the works, machinery, plant and appliances used in the Employer's business.
PREMIUM
9. The first and every subsequent premium that may be accepted shall be regulated by the amount of wages, salaries and all other forms of remuneration paid or allowed to workers during each period of indemnity.
WAGES BOOKS MUST BE KEPT
10. The names and earnings of every worker employed by the Employer shall be entered regularly in a proper wages book, so that a record may exist of such workers as are entitled to call upon the Employer for compensation.
ADJUSTMENT OF PREMIUM
11. The Employer shall at all times allow a person duly authorized by the Insurer to inspect the wages book, and shall supply the Insurer with a correct account of all wages, salaries and other forms of remuneration paid or allowed during a period of indemnity within 28 days after the expiry of such period of indemnity, and if the total amount differs from the amount on which premium has been paid, the difference in premium shall be met by a further proportionate payment to the Insurer or by a refund by the Insurer, as the case may be, subject always to the retention by the Insurer of the minimum premium stated in the proposal.
ASSIGNMENT
12. No assignment of interest under this policy shall bind the Insurer unless the written consent of the Insurer is endorsed hereon.
CANCELLATION OF POLICY
13. The Insurer may at any time, by giving written notice to the Employer, cancel this policy. The notice of cancellation shall be posted to the Employer at the Employer's address shown in this policy, and the cancellation of the policy shall be effective on the expiration of 7 days after the date of posting the notice. Notwithstanding the cancellation of the policy, the Employer shall furnish a statement of wages showing the amount paid up to the time of cancellation, and the premium for the period of insurance prior to the cancellation shall be adjusted on a pro rata basis in the manner provided by Condition 11 of this policy; provided that the policy may not be cancelled without the prior consent of the Authority.
NO WAIVER OF CONDITIONS
14. No condition or provision of this policy shall be waived or altered except with the prior consent of the Insurer endorsed hereon, nor shall notice to an agent, nor shall knowledge possessed by an agent, or by any person, be held to effect a waiver or alteration in this contract or any part of it.
regulation 19
This Act expires on the day after it commences.