Northern Territory Numbered Regulations

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KATHERINE TOWN COUNCIL AMENDMENT BY-LAWS 2023 (NO 7 OF 2023) - REG 5

By-laws 5, 6 and 7 replaced

By-laws 5, 6 and 7

repeal, insert

4A     Application of Criminal Code

Part IIAA of the Criminal Code applies to an offence against these By-laws.

Note for by-law 4A

Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

5     Determinations

    (1)     The council may determine the charges, dues, fares, appropriate fees and rents in relation to a property, undertaking, service, matter or thing.

    (2)     A determination under clause (1) may be made for any of the following:

(a)     supplying a service, product or commodity;

(b)     granting a licence or permit;

(c)     registering an animal or thing;

(d)     giving information;

(e)     admitting a person to a building or enclosure;

(f)     receiving an application for approval;

(g)     permitting inspection of a register;

(h)     allowing the use of real or personal property of or under its care.

    (3)     If the council makes a determination under this by-law, it must publish a notice of its making in a newspaper circulating in the municipality as soon as practicable after the determination is made.

    (4)     The council may demand and recover the amount determined under clause (1) if the council has:

(a)     published a notice of the making of the determination under clause (3); and

(b)     taken the action for which the amount is determined.



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