2010

LEGISLATIVE ASSEMBLY OF THE NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

                                      				SERIAL NO. 111  

EXPLANATORY STATEMENT

STATUTE LAW REVISION BILL 2010

GENERAL OUTLINE

The purpose of the Bill is to make minor revisions and corrections to the laws of the Northern Territory in ways that do not reflect substantive changes in policy.

Amendments have been made to various Acts and Regulations to correct typographical or similar omissions, to make them consistent with other Acts, to clarify provisions of Acts, to simplify or improve the operation of Acts or other minor but necessary changes.

NOTES ON CLAUSES

Clause 1.	Shot title

This is a formal clause which provides that the Bill when passed may be cited as the Statute Law Revision Act 2010.

Clause 2.	Commencement

This is a formal clause which provides that the Bill commences on the date fixed by the Administrator by Gazette notice.

Clause 3.	Amendment of Aboriginal Land Act

Section 3 is amended by omitting ‘, unless the contrary intention appears’ to reflect the current drafting style. Sections 7 and 17 are repealed and substituted with new sections 7 and 17 to reflect the current drafting style and amend gender biased terminology. In doing this some of the text has also been updated. 

Clause 4.	Amendment of Building Act 

This clause repeals section 110 and substitutes it with a new section 110 that has been restructured to read more clearly. That section also contains what would have otherwise been an amendment to subsection (d) of the former section 110 (now subsection (c)(iv)). Former subsection (d) contained the word ‘order’ instead of ‘notice’. This was a typographical error and is rectified in the new section 110.

Clause 5.	Amendment of Electrical Workers and Contractors Act

This clause amends section 4 by omitting the definitions ‘authorized person’ and ‘inspector’ and inserting the new definition ‘authorised person’. The definition of ‘electrical installation’ is also amended by omitting ‘Electricity Act’ and replacing it with ‘Electricity Reform Act’.

Subclause (5) amends sections 42B, 43, 45B, 50B and 55 by omitting the North American ‘authorized’ and substituting it with the Australian ‘authorised’.

Clause 6.		Amendment of Firearms Act

This clause amends section 7(3)(a) by omitting the words ‘the National Exchange of Police Information (NEPI) scheme’ and substituting them with ‘CrimTrac’. This reflects that CrimTrac rather than NEPI is now used for the exchange of police information.

Subclause (3) inserts a new section 7(5) which reads ‘(5) In this section: CrimTrac means the CrimTrac Agency established under section 65 of the Public Services Act 1999 (Cth)’. 

Clause 7.		Amendment of other Acts

This is a formal clause which provides that the Schedule amends the Acts mentioned in it.

Clause 8.	Expiry

This is a formal clause which provides that the Act expires on the day after it commences.

Schedule

Agents Licensing Act

Section 5(1) is amended by omitting ‘, unless the contrary intention appears’ to reflect the current drafting style. 

Section 7(1) is amended by omitting ‘of:’ and substituting it with ‘of the following persons:’ to correct a typographical error.

Section 9(1) is amended by omitting ‘(1) There’ and substituting it with ‘The’ to correct a typographical error.

Section 64(1) is amended by omitting ‘time’ and substituting it with ‘time to do any of the following’ to correct a typographical error.

Sections 4, 12, 14, 16, 20, 22, 25, 26, 27, 29, 32, 39, 44B, 50, 52, 55, 60, 62, 63, 64, 64A, 65, 65B, 67, 68, 69, 71, 78, 85, 94, 95, 95B, 96, 108A, 108F, 108G, 109, 127 and the Schedule are amended to update the use of conjunctions to reflect the current drafting style.

Anti-Discrimination Act

Section 90(1) is amended by omitting ‘(1) In’ and substituting it with ‘In’ to correct a typographical error.

Section 107 is amended by omitting ‘may’ and substituting it with ‘may do one or more of the following’ to reflect the current drafting style.

Sections 3, 4, 9, 20, 22, 23, 24, 26, 28, 29, 31, 32, 33, 34, 38, 39, 41, 46, 47, 48, 51, 53, 56, 58, 64, 67, 74, 83, 90, 92, 97, 100, 102, 107, 108, 110, and 115 are amended to update the use of conjunctions to reflect the current drafting style.

Classification of Publications, Films and computer Games Act

Section 67(1) is amended by omitting ‘(1) A’ and substituting it with ‘A’ to correct a typographical error.

Sections 8, 15, 16, 75, 93, 95, 109, 111, 115, 118, 119 and 120 are amended to update the use of conjunctions to reflect the current drafting style.

Consumer Affairs and Fair Trading Act

Section 4(1) is amended by omitting ‘, unless the contrary intention appears’ to reflect the current drafting style.

The Part 5, Division 4 heading is omitted for redundancy.

Sections 134(1) and 191(1) are omitted and replaced by ‘(1) On receiving an application for a licence, the commissioner must send a copy of it to the Commissioner of Police, together with copies of any accompanying documents other than statements relating to the material and financial resources of the applicant’ to correct a typographical error.

Coroners Act

Section 3 is amended by omitting ‘unless the contrary intention appears’ to reflect the current drafting style.

Section 27(1) is amended by omitting ‘(1) The coroner shall’ and substituting it with ‘The coroner must’ and by omitting ‘in pursuance of’ and substituting it with ‘under’ to reflect the current drafting style and to correct typographical errors.

Sections 3, 4A, 5, 6, 10, 12, 15, 16, 19, 33, 34, 41, 43, 44, 46, 46B and 47 are amended to update the use of conjunctions to reflect the current drafting style.
Criminal Records (Spent Convictions) Act

Section 3(1) is amended by omitting ‘, unless the contrary intention appears’ to reflect the current drafting style. 

Paragraph (d) of the definition of ‘law enforcement agency’ in section 3(1) is amended by omitting the whole paragraph and substituting it with ‘the CrimTrac Agency established under section 65 of the Public Service Act 1999 (Cth)’ as the National Exchange of Police Information scheme has not been used for the exchange of police information since the introduction of CrimTrac in 2001.

Section 3(1) is amended to update the use of conjunctions to reflect the current drafting style.

Education Act

Section 4(1) is amended by omitting ‘, unless the contrary intention appears’ to reflect the current drafting style.

Section 9(2) is amended by omitting the whole subsection and substituting it with ‘(2) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of his or her powers or functions under this Act’ to reflect the current drafting style and to correct a typographical error.
 
Sections 9(3) and (4) are omitted consequential to the amendment of section 9(2). 

Information Act

Sections 3, 4, 5, 10, 11, 12, 16, 18, 26, 27, 29, 30, 31, 36, 37, 38, 42, 45, 46, 49, 53, 55, 57, 60, 68, 72, 73, 87, 91, 98, 101, 102, 104, 105, 106, 111, 116, 118, 122, 128, 129, 130, 134, 155, 156 and Schedule 2 are amended to update the use of conjunctions to reflect the current drafting style.

Interpretation Act

Section 6(3)(b) is amended by omitting ‘date’ and substituting it with ‘day or date’ to correct a typographical error.

Sections 7(1) and (2) are amended by omitting ‘date upon’ and substituting it with ‘day on’ and by omitting ‘that date’ and substituting it with ‘that day’ to correct a typographical error.

Section 9 is amended by omitting ‘has commence’ and substituting it with ‘has commenced’ to correct a typographical error.

Misuse of Drugs Act

Column 1 of Schedule 2 is amended by omitting ‘Methcathione’ and substituting it with ‘Methcathinone’ to correct a typographical error.

Petroleum (Submerged Lands) Act

Section 4(1) is amended by omitting ‘, unless the contrary intention appears’ to reflect the current drafting style.

Section 169(6)(a) is amended by omitting the word ‘differ’ to correct a typographical error.

Police Administration Act

Section 123(1) is amended by omitting ‘(1) A’ and substituting it with ‘A’ to correct a typographical error.

Rail Safety Act

The definition of ‘road vehicle’ in section 6 is amended by omitting ‘, see’ and substituting it with ‘means a vehicle as defined in’ to reflect the current drafting style.

Paragraph (b) of the definition of ‘person to whom this section applies’ in section 164(3) is amended by omitting ‘a nurse’ and substituting it with ‘an optometrist or physiotherapist’ to correct the insertion of an incorrect definition by the Health Practitioner (National Uniform Legislation) Implementation Act which will commence on 1 July 2010.

Sentencing Act

Section 3(1) is amended by omitting ‘, unless the contrary intention appears’ to reflect the current drafting style.

Section 79(1)(a) is amended by omitting ‘opinion of’ and substituting it with ‘opinion’ to correct a typographical error.

Therapeutic Goods and Cosmetics Act

Section 4(1) is amended by omitting ‘, unless the contrary intention appears’ to reflect the current drafting style.

Paragraph (a) of the definition of ‘public institution’ in section 4(1) is amended by omitting the whole paragraph and substituting it with ‘(a) hospital as defined in section 5 of the Medical Services Act; or’ to reflect the repeal and replacement of the Hospitals and medical Services Act with the Medical Services Act.

Traffic Act

Section 3(1) is amended by omitting ‘, unless the contrary intention appears’ to reflect the current drafting style.

The heading for section 37 is amended by omitting ‘to due’ and replacing it with ‘due’ to correct a typographical error.

Unlawful Betting Act

Section 3(1) is amended by omitting ‘, unless the contrary intention appears’ to reflect the current drafting style.

Section 15(1) is amended by omitting ‘necessary:’ and substituting it with ‘necessary, do any of the following:’ to correct a typographical error.

Section 33(1) is amended by omitting the whole subsection and substituting it with:

‘(1) 	A person commits an offence if the person carries on a business of bookmaking, other than: 
	(a) as a lawful bookmaker; or 
	(b) in accordance with any law in force in the Territory.’,

to reflect the current drafting style.

Sections 3, 5, 6, 11, 15, 17, 20, 21, 22, 26, 27, 28, 30, 34, 35, 37, 44, 46, 50, 52, 54, 56 and 58 are amended to update the use of conjunctions to reflect the current drafting style.

Victims of Crime Assistance Act

Section 4 is amended by omitting ‘, unless the contrary intention appears’ to reflect the current drafting style.