2012
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

ATTORNEY-GENERAL AND MINISTER FOR JUSTICE
EVIDENCE (NATIONAL UNIFORM LEGISLATION) AMENDMENT BILL 2012
SERIAL NO. 16

EXPLANATORY STATEMENT

GENERAL OUTLINE
The purpose of the Evidence (National Uniform Legislation) Amendment Bill 2012 is to amend section 19 of the Evidence (National Uniform Legislation) Amendment Act 2011 so that a spouse, de facto partner, parent or child of a defendant charged with an offence where the alleged victim is under the age of 16 cannot make an application under section 18 of the Evidence (National Uniform Legislation) Act 2011 to be excused from giving evidence.   
NOTES ON CLAUSES
Clause 1.	Short title
This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Evidence (National Uniform Legislation) Amendment Act 2012.
Clause 2.	Commencement
This clause provides that the Evidence (National Uniform Legislation) Amendment Act 2012 will commence on the day fixed by the Administrator by Gazette notice.  
Clause 3.	Act amended
This clause provides that Part 2 of the Evidence (National Uniform Legislation) Amendment Act 2012 amends the Evidence (National Uniform Legislation) Act 2011. 
Clause 4. 	Section 19 amended
Sub-clause (1) amends section 19 of the Evidence (National Uniform Legislation) Act 2011 by repealing section 19(a).  Section 19(a) is no longer required as an amended section 19(b) of the Evidence (National Uniform Legislation) Amendment Act 2011 will provide that section 18 no longer applies to any offence against a law of the Territory where the alleged victim is under the age of 16 years. 
Sub-clause (2) amends section 19(b) of the Evidence (National Uniform Legislation) Act 2011 to provide that section 18 does not apply to any offence against a law of the Territory where the alleged victim is under the age of 16 years.
Sub-clause (3) makes consequential amendments to section 19(d) of the Evidence (National Uniform Legislation) Act 2011 to take into account the omission of section 19(a) and a change to drafting practice.  
Clause 5.	Chapter 7 inserted
This clause provides for a new chapter 7 to be inserted into the Evidence (National Uniform Legislation) Act 2011.  The new sections 214 and 215 provide that amendments made to section 19 of the Evidence (National Uniform Legislation) Act 2011 by the Evidence (National Uniform Legislation) Amendment Act 2012 will not apply in relation to proceedings that commenced before the commencement of the Evidence (National Uniform Legislation) Amendment Act 2012.