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126 Justice Legislation Amndt Bill (No 3)_ES
30-11-07

2007

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

Justice legislation amendment bill (No 3) 2007
SERIAL NO. 126

EXPLANATORY STATEMENT

GENERAL OUTLINE

This Bill amends various Acts within the Justice portfolio.  

The Bail Act is amended to allow a Supreme Court Judge to hear a bail application via telephone or other form of electronic communication. 

The Criminal Code is amended to enable trial judges to restrict access to jury lists in particularly sensitive matters.  

The Juries Act is amended to permit jurors over the age of 65 years to remain available for jury service if they so wish.  Those aged 65 years and over who no longer wish to be considered for this civic duty may exempt themselves by giving notice to the Sheriff.  

The Law of Property Act is amended to ensure that the use of a right of way granted by statutory instrument is used in a manner that is reasonable and appropriate to the purpose for which the right of way was created.  

The Powers of Attorney Act is amended to facilitate the mutual recognition of instruments created in another jurisdiction being registered in the Territory.  

NOTES ON CLAUSES

Part 1 	Preliminary Matters

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 Justice Legislation Amendment Act (No 2) 2007.

Clause 2.	Commencement

The Act commences on a date to be fixed by the Administrator and notified in the Gazette.  

Part 2 	Amendment of Bail Act

Clause 3.	Act amended

The Act being amended in this Part is the Bail Act.  

Clause 4.	Amendment of section 3 (Interpretation)

Section 3 contains definitions to be used in the Act. “Bail condition” in section 3(1) is amended to omit the reference to section 27A and section 3(3)(f) is deleted.  Both amendments reflect changes effected by the Bail Amendment Act 2007 in relation to conduct agreements.

Clause 5.	Amendment of section 23 (Power of Supreme Court to grant bail)

A new subsection (2) is inserted to provide that a Supreme Court Judge may hear a bail application via telephone or any other form of electronic communication if a person is arrested on a Supreme Court warrant. 

Part 3 	Amendment of Criminal Code

Clause 6.	Act amended

The legislation being amended in this Part is the Criminal Code.  

Clause 7.	New section 351A 

This clause inserts a new section 351A (details of jury panel to be given to accused) to replace section 434 (to be repealed).  The new provision deals with an accused’s right to receive a jury list and to permit a trial judge to refuse to make jury lists available to the accused when appropriate to do so. 

Clause 8.	Repeal of section 434

Section 434, which provided that a jury panel list may be made available to an accused two days prior to being called upon to plead to an indictment, is repealed consequential to the provision being moved to the new section 351A.

Part 4 	Amendment of Juries Act

Clause 9.	Act amended

The Act being amended in this Part is the Juries Act.  

Clause 10.	Repeal and substitution of section 11 

The age limit of 65 years for eligible citizens to participate in juror duty is amended.  This clause amends section 11 to provide that a person who is over 65 years of age may opt to either continue on as a potential juror or they may exempt themselves on a permanent basis from jury service by giving notice to the Sheriff.  

Clause 11.	Amendment of Schedule 7

This clause amends Schedule 7 to remove the exemption that persons over the age of 65 years are exempt from jury service.  

Part 5 	Amendment of Law of Property Act

Clause 12.	Act Amended

The Act amended in this Part is the Law of Property Act.  

Clause 13.	Repeal and substitution of section 161(Conditions of Easements)

This clause amends section 161.  The amendment applies to both easements and easements in gross and clarifies that the use of a right of way granted by statutory instrument should be used in a manner that is reasonable and appropriate to the purpose for which the right of way was created.  Currently there is no obligation for users to use rights of way in a manner which avoids nuisance or undue stress on the owner.   

Part 6 	Amendment of Powers of Attorney Act

Clause 14.	Act Amended

The Act amended in this Part is the Powers of Attorney Act.

Clause 15.	New section 6A 

This clause inserts a new section 6A (Recognition of powers under interstate laws).  The new provision provides for the recognition of both interstate general powers of attorney and interstate enduring powers, regardless of when it was executed.  A (general or enduring) power of attorney executed in compliance with the law of a state or another Territory is taken to be such a power of attorney created under the Northern Territory Act, to the extent the powers it gives could be given under the Northern Territory Act. 

Clause 16.	Amendment of section 7 (Registration)

This clause omits and inserts a new subsection (1A) in section 7 to permit an interstate power of attorney to be registered in the 
Northern Territory, provided it is has been executed in compliance with interstate law and regardless of when it is executed.