2005

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

STATUTE LAW REVISION BILL 2005

SERIAL NO. 24

EXPLANATORY STATEMENT

GENERAL OUTLINE

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

Amendments to various Acts, By-laws, Regulations and Rules correct typographical or other similar errors or omissions, and generally to tidy up and bring superseded provisions up to date.

NOTES ON CLAUSES

PART 1 – PRELIMINARY

Clause 1.	Short Title

The short title of the Act is the Statute Law Revision Act 2005.

Clause 2.	Commencement

The Act, except for section 31, will come into operation on the date of assent by the Administrator.

Section 31 (dealing with the amendments to the Wills Act) is deemed to have commenced at the time immediately after the commencement of the Wills Act 2000 (i.e. 1 March 2001).

PART 2 – AMENDMENT OF THE CRIMINAL CODE

Clause 3.	Principal Act amended

Clause 3 provides for amendments to the Criminal Code.

Clause 4.	Repeal and substitution of section 43Z

Clause 4 repeals and substitutes section 43Z of the Criminal Code.
43Z.  When supervision orders are made

Section 43Z sets out the circumstances in which a supervision order must be made by the court.  The amendment removes the confusion surrounding cases of persons with mental impairment by specifying when a supervision order shall be made or when a person is liable for supervision.  The section now includes a cross reference to decisions made during an appeal (as referred to in new section 412A(3)).

Clause 5.	Amendment of section 43ZN (matters court must take into account when making an order)

Section 43ZN(2)(b) is amended by omitting “were given” and substituting “was given” to correct a grammatical error.

Clause 6.	Amendment of section 186A (definitions)

Clause 6 omits and replaces the definitions of “authorised professional” and “medical practitioner”.  These amendments are consequential to the enactment of the Health Practitioners Act.

Clause 7.	Amendment of section 412 (Powers of Court in special cases)

Clause 7 repeals section 412(3) of the Criminal Code.  The wording of this provision was not updated at the time of the enactment of the Criminal Code Amendment (Mental Impairment and Unfitness to be Tried) Act 2002.  The policy principles covered by section 412(3) are to be covered in new section 412A (see clause 8 of this Bill).

Clause 8.	New section 412A

Clause 8 inserts into the Criminal Code new section 412A.

412A.  Powers of Court in relation to mental impairment.

New section 412A provides that an appeal Court must quash a finding of guilt if it appears that the person should have been found not guilty because of mental impairment.  On making such a finding the Court must either order the person to be released or make appropriate supervisory orders. 

PART 3 – AMENDMENT OF LOCAL GOVERNMENT ACT

Clause 9.	Principal Act amended

The clause provides that this Part amends the Local Government Act.

The majority of the amendments are to Part 4 of the Act. These are designed to achieve parity between ‘municipal councils’ and ‘community government councils’.  Accordingly, the Act is to be amended so that the term “council” is used whenever, a provision is dealing with both municipal and community government councils. 

Clause 10.	Amendment of section 19B (Special meetings)

Section 19B(1) is amended by omitting and substituting 19B(1) so as to clarify that a council may, itself, call a special meeting.

Clause 11.	Amendment of section 92 (Council may sue for rates and charges)

Section 92(2) is amended by omitting and substituting 92(2) so as to clarify that a council in recovering unpaid rates may also recover the various expenses listed in new section 92(2).

Clause 12.	Further amendments

This clause provides for schedule 1, which contains amendments to other sections of the Local Government Act. 

PART 4 – AMENDMENT OF POISONS AND DANGEROUS DRUGS ACT

Clause 13.	Principal Act amended

This clause states that this Part amends the Poisons and Dangerous Drugs Act.  The general purpose of the amendments is to clarify the schedule of drugs and hazardous substances that can legally be supplied by manufacturers and wholesalers, and the occupation and professional practitioners that can legally be supplied.

Clause 14.	Amendment of section 6 (Interpretation)

The clause amends section 6 of the Act to clarify meanings of references made to persons in certain occupations and professions, namely dentists, nurses and pharmacists, regulated by the Health Practitioners Act as to their status and whether they are persons entitled to practice in the occupations and professions referred to in the Act.

Clause 15.	Amendment of section 16 (Powers of nominated person)

This clause amends section 16(b) so as correct an omission which prevents manufacturers and wholesalers from legally supplying certain poisons to veterinary surgeons.

Clause 16.	Amendment of section 22 (Powers of nominated person)

Clause 16 amends section 22(b) by inserting “or an animal” after “another person” to permit manufacturers and wholesalers to legally supply poisons to veterinary surgeons.

Clause 17.	Amendment of section 29 (Supply of substances for therapeutic use)

Clause 17(1) amends section 29 to correct the omission of cross references to several schedules of drugs, poisons or hazardous substances. 

Clause 17(2)-(5) makes various amendments consequential to the enactment of the Health Practitioners Act.

Clause 18.	Amendment of section 38A (Definitions for Part VII)

Clause 18 amends section 38A of the Act to clarify the definition of ‘nurse’ in relation to its status and whether entitled to practice under the Health Practitioners Act.

Clause 19.	Amendment of section 53 (Possession and use of Schedule 7 substances)

	Cause 19 (1)mends section 53(2) by omitting “an agricultural, horticultural or pastoral purpose, or for any other purpose” and substituting “a purpose” to tidy up that section of the Act.

Clause 19(2) amends section 53(3) by interchanging it with section 53(4) to correct a typing error and to tidy up the section.

Clause 20.	Amendment of section 65 (Possession, use etc. prohibited or subject to conditions)

Clause 20 amends section 65(1) by inserting “poison or” before the words “hazardous substance” in all references to correct an omission.

Clause 21.	Amendment of section 86 (Compliance with order to withdraw poison or hazardous substance)

Clause 21 amends section 86 by inserting “poison or” before the words “hazardous substance” to correct an omission.

PART 5 – AMENDMENT OF LAWS CONSEQUENT ON ENACTMENT OF HEALTH   PRACTITIONERS ACT 2004.

Clause 22.	Amendment of laws

Clause 22 provides for schedule 2 which contains  amendments of several Acts (Part 1) and Regulations (Part 2) consequential to the enactment of the Health Practitioners Act 2004 to facilitate cross references to practitioners, professionals, and others who work in the field.

The principle underlying the amendments is: 

(a)	to make clear that when references are made to persons in regards to certain occupations and professions, such references  are to persons who have particular statuses under the Act; and

(b)	ensure that the references made to persons are to persons entitled to practice in the occupations or professions referred to in the Act.

The effect of the amendments is that they include all references to persons regulated by the Health Practitioners Act in the statute book and remove the confusion surrounding the particular status of those persons referred to under the Act and whether they are entitled to practice in those occupations and professions for which they are referred to.

PART 6 – AMENDMENT OF LAWS CONSEQUENT ON ENACTMENT OF VETERINARIANS ACT

Clause 23.	Amendments of laws

Clause 23 provides for Schedule 3 containing amendments  several Acts which are consequential to the enactment of the Veterinarian Act 1994 to facilitate cross references to practitioners, professionals, and others who work in the field.

The principle of these amendments is:  

(a)	to make clear that references made to persons in certain professions and occupations are to persons who have particular status under the Act; and

(b)	ensure that the references made to persons are to persons entitled to practice in the occupation or profession referred to in the Act.

PART 7 – AMENDMENT OF OTHER LAWS

Clause 24.	Amendment of Consumer Affairs and Fair Trading Amendment Act 2002. 

The clause amends section 59 of the Act by omitting s.59(b) and (c) as the provisions of this amending section (not yet commenced) were inadvertently duplicated by the  Justice Portfolio (Miscellaneous Amendments) Act 2005.

Clause 25.	Amendment of Energy Pipelines Act

	Under general legal principles a pipeline attached to land would probably belong to the owner of the land.  Currently section 59 attempts to remove this principle by stating that the pipeline belongs to the licensee or former licensee.  However,  this statement goes further than what was the intended effect of the section – which was simply to state that a pipeline does not necessarily belong to the owner of the land to which the pipeline is attached or across which the pipeline is constructed.  Accordingly, the section is to be worded so that someone other than the licensee might own the pipeline.

59.  Pipeline is not a fixture

New section 59 states that a pipeline is not a fixture of the land to which it is attached or through, under, on, across or above which it is constructed.

Clause 26.	Amendment of Food Act

Clause 26 amends sections 98(5)(b); 98(5)(c); 111(8)(b); and 111(8)(c) by renumbering the paragraphs to correct typing errors.

Clause 27.	Amendment of Nitmiluk (Katherine Gorge) National Park Act

Clause 27(1) amends section 3(1) by inserting (in the correct alphabetical position ) a definition of “‘Director of Parks and Wildlife’ means the Director within the meaning of the Parks and Wildlife Commission Act”.

Clause 27(2)-(3) makes amendments consequential to the change in the title for the Director.

Clause 27(4) provides for a note explaining the reference in section 10(1) to the repealed National Parks and Wildlife Conservation Act 1975 of the Commonwealth.

Clause 28.	Amendment of Special Purposes Leases Act

Clause 28(2) amends section 5C(4) by splitting it into two clauses to make the wording clearer without affecting the working of the Act.

Clause 28(3) and (4) correct typographic errors identified as such by the Parliamentary Counsel.
 
Clause 29.	Amendment of Taxation (Administration) Act

Clause 29 amends section 4(1), definition of "insurance" by providing a clearer wording and more encompassing definition.

Clause 30.	Amendment of Therapeutic Goods and Cosmetics Act

Clause 30 amends sections of the Act to delete superseded references and correct other omissions and typing errors.

Clause 31.	Amendment of Wills Act

Clause 31 amends section 40(1) by omitting the words “testator if the testator” and replacing them with “first-mentioned issue if the first-mentioned issue”.

The Wills Act was enacted in 2000 and was very closely based on a model Bill developed under the auspices of the Standing Committee of Attorneys-General.  Drafting of the equivalent Bill in Queensland has revealed a flaw in the model which flaw is also in the Northern Territory legislation (section 40) and in the Victorian legislation.  Stated broadly, the objective of section 40 is provide that the children of a beneficiary under a will shall share in that person’s inheritance if that beneficiary does not survive the testator by 30 days.  The policy objective is that they would take the same share of the estate that they would have taken of their parent’s estate.  
Unfortunately, the provision was drafted so that the share is described as being the share they would have taken of the testator’s estate.  In many circumstances there would be no such share.  Accordingly, the amendment provides that the references to the testator’s estate are to be replaced by references to the parent’s estate.
The Bill, in clause 31, seeks to correct the mistake.  
Additionally, as it is important that there is certainty of the operation of wills, the correction will be deemed, by clause 2(1), to have taken effect at the time of the commencement of the Wills Act.  

Clause 32.	Amendment of Dangerous Goods Regulations

Clause 32(1) amends regulation 214(3) so as to remove an incorrect reference to the repealed Fire Service Act.

Clause 32(3)  amends the Regulations by repealing regulations 220A and 221 and replacing them with new regulation 221.

221.  Variation of regulation requirements

Regulation 221 specifies the circumstances under which exemptions or variations to the requirements for the storage of dangerous goods can be granted. 

Clause 33.	Amendment of other laws

This clause provides for Schedule 4 containing amendments to various Acts and Regulations . The amendments are to clarify various definitions, update superseded references, and correct typing and spelling errors.

Schedule 1 - Further amendments of Local Government Act

Schedule 1 contains various minor amendments to the Local Government Act.

Schedule 2 - Amendment of Laws consequent on enactment of Health Practitioners Act

Part 1 – Amendment of Acts

Part 1 of schedule 2 sets out amendments of various Acts consequential to the enactment of the Health Practitioners Act.

Part 2 – Amendment of Regulations

Part 2 of schedule 2 sets out amendments of various Regulations consequential to the enactment of the Health Practitioners Act.

Schedule 3 – Amendment of Laws consequent on enactment of Veterinarians Act

Schedule 3, Part 1,  contains various minor amendments to Acts consequent to the enactment of the Veterinarians Act 1994. 

Schedule 3, Part 2,  contains various minor amendments to subordinate legislation consequent to the enactment of the Veterinarians Act 1994. 

Schedule 4 - Amendments of other Laws

Schedule 4 contains various minor amendments to the  following Acts:

Animal Welfare Act, Architects Act, Associations Act, Child Protection (Offender Reporting and Registration) Act, Commercial and Private Agents Licensing Act, Community Welfare Act, Electricity Reform Act, Fences Act, Fire and Emergency Act, Gaming Machine Act, Land Development Corporation Act, Law Officers Act, Marine Act, Mental Health and Related Services Act, Mineral Royalty Act, Mining Act, Pay-roll Tax Act, Petroleum Act, Police Administration Act, Public Sector Employment and Management Act, Radiation Protection Act, Terrorism (Emergency Powers) Act, Tobacco Control Act, Traffic Act.

Schedule 4 contains various minor amendments to the  following Regulations, local government schemes and Rules

Agents Licensing Regulations, Building Regulations, Child Protection (Offender Reporting and Registration) Regulations, Consumer Affairs and Fair Trading (Door-to-Door Trading Regulations, Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations, Consumer Affairs and Fair Trading (Travel Agents) Regulations, Darwin City Council By-laws, Electrical Workers and Contractors  Regulations, Electricity Reform (Safety and Technical) Regulations, Greyhound Racing Rules, Housing Regulations, Jabiru Town Development (Swimming Pool Complex) By-laws, Katherine Town Council By-laws, Local Government (Administration) Regulations, Ltyentye Apurte Community Government Scheme, Minibus Regulations, Mining Regulations, Misuse of Drugs Regulations and Superannuation Regulations.
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