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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 24
Statute Law Revision Bill
2005
Dr Toyne
AN ACT
to
revise and correct the law of the Territory in minor respects
NORTHERN TERRITORY OF AUSTRALIA
STATUTE LAW REVISION ACT 2005
____________________
Act No. [ ] of 2005
____________________
TABLE OF PROVISIONS
Section
NORTHERN TERRITORY OF
AUSTRALIA
____________________
Act No. [ ] of 2005
____________________
AN ACT
[Assented to 2005]
[Second reading 2005]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Statute Law Revision Act 2005.
(1) Section 31 is taken to have come into operation on the day on which, but immediately after, the Wills Act 2000 commenced.
(2) The remaining provisions of this Act come into operation on the day on which the Administrator's assent to this Act is declared.
PART 2 – AMENDMENT OF CRIMINAL CODE
This Part amends the Criminal Code.
Section 43Z –
repeal, substitute
43Z. When supervision orders are made
The court must make a supervision order under this Division in respect of a person if –
(a) the court declares under section 43I(2)(a) or 43X(2)(a) or (3) that the person is liable to supervision; or
(b) the Court of Criminal Appeal remits a matter to the court under section 412A(3) for the making of a supervision order in respect of the person.
Section 43ZN(2)(b) –
omit
were given
substitute
was given
(1) Section 186A, definitions of "authorised professional" and "medical practitioner" –
omit
(2) Section 186A –
insert (in alphabetical order)
"authorised professional" means –
(a) a health practitioner who has a right of practice under the Health Practitioners Act in the category of health care practice of –
(i) Aboriginal health work; or
(ii) midwifery; or
(iii) nursing; or
(b) in relation to an operation performed in a place outside the Territory – a person who is entitled to practise nursing or midwifery under a law of that place;
"medical practitioner", in relation to an operation performed in a place outside the Territory, includes a person who is entitled to practise medicine under a law of that place.
Section 412(3) –
omit
After section 412 –
insert
412A. Powers of Court in relation to mental impairment
(1) This section applies if, on an appeal against a finding of guilt or the sentence passed on such a finding, it appears to the Court that the person found guilty should have been found not guilty because of mental impairment under section 43C.
(2) The Court must quash the finding of guilt and –
(a) declare that the person is liable to supervision under Part IIA, Division 5; or
(b) order that the person be released unconditionally.
(3) If the Court makes a declaration under subsection (2)(a), the Court must remit the matter to the Supreme Court for the making of a supervision order under Part IIA, Division 5 in respect of the person.
PART 3 – AMENDMENT OF LOCAL GOVERNMENT ACT
This Part amends the Local Government Act.
Section 19B(1) –
omit, substitute
(1) A special meeting of a council may be convened by a direction to summon a special meeting given to the CEO by any of the following:
(a) the presiding member;
(b) 3 or more members;
(c) the council by resolution.
Section 92(2) –
omit, substitute
(2) In addition to the unpaid rate or charge, the council may recover from the person the following:
(a) court costs;
(b) solicitor costs;
(c) costs of enforcing the judgment for the recovery of the rate or charge;
(d) other out-of-pocket expenses and charges incurred in tracing the person.
Schedule 1 has effect.
PART 4 – AMENDMENT OF POISONS AND DANGEROUS DRUGS ACT
This Part amends the Poisons and Dangerous Drugs Act.
(1) Section 6(1), definitions of "dentist", "nurse" and "pharmacist" –
omit
(2) Section 6(1) –
insert (in alphabetical order)
"dentist" means a dentist or dental specialist who has a right of practice under the Health Practitioners Act;
"nurse" means a registered or enrolled nurse who has a right of practice under the Health Practitioners Act;
"pharmacist" means a pharmacist who has a right of practice under the Health Practitioners Act;
Section 16(b) –
omit, substitute
(b) supply a poison specified in the certificate of registration to a person who is authorised under this Act to supply or administer that poison to another person or an animal.
Section 22(b), after "another person" –
insert
or an animal
(1) Section 29(2), after "Schedule" –
insert
1, 2, 3, 4, 5, 6, 7 or
(2) Section 29(4) –
omit
Subject to section 31, a
substitute
A
(3) Section 29(4A) –
omit
within the meaning of
substitute
who has a right of practice under
(4) Section 29(4B) –
omit
all the words from "A person" to "Schedule 4"
substitute
A dental therapist who has a right of practice under the Health Practitioners Act may possess and supply a Schedule 2, 3 or 4
(5) Section 29(4C) –
omit
all the words from "A person" to "worker who"
substitute
An Aboriginal health worker who has a right of practice under the Health Practitioners Act and
Section 38A, definition of "nurse" –
omit, substitute
"nurse" includes a midwife who has a right of practice under the Health Practitioners Act.
(1) Section 53(2) –
omit
an agricultural, horticultural or pastoral purpose, or for any other purpose
substitute
a purpose
(2) Section 53(3) (both occurrences) –
omit, substitute
(3) The Chief Health Officer may impose on an authorisation to possess and use a Schedule 7 substance the conditions he or she thinks fit.
(4) In this section –
"Schedule 7 substance" does not include a Schedule 7 substance that is a chemical product within the meaning of the Agricultural and Veterinary Chemicals (Control of Use) Act.
Section 65(1), before "hazardous substance" (all references) –
insert
poison or
Section 86, before "hazardous substance" –
insert
poison or
PART 5 – AMENDMENT OF LAWS CONSEQUENT ON ENACTMENT OF HEALTH PRACTITIONERS ACT
(1) This section amends the laws specified in Schedule 2.
(2) Schedule 2 has effect.
PART 6 – AMENDMENT OF LAWS CONSEQUENT ON ENACTMENT OF VETERINARIANS ACT
(1) This section amends the laws specified in Schedule 3.
(2) Schedule 3 has effect.
PART 7 – AMENDMENT OF OTHER LAWS
(1) This section amends the Consumer Affairs and Fair Trading Amendment Act 2002.
(2) Section 59(b) and (c) –
omit
(1) This section amends the Energy Pipelines Act.
(2) Section 59 –
repeal, substitute
A pipeline is not a fixture of the land –
(a) to which it is attached; or
(b) through, under, on, across or above which it is constructed.
(1) This section amends the Food Act.
(2) Section 98(5)(b) (second occurrence) –
renumber as paragraph (c)
(3) Section 98(5)(c) –
renumber as paragraph (d)
(4) Section 111(8)(b) (second occurrence) –
renumber as paragraph (c)
(5) Section 111(8)(c) –
renumber as paragraph (d)
(6) Section 130(4) –
omit
who is
substitute
who is or has been
(1) This section amends the Nitmiluk (Katherine Gorge) National Park Act.
(2) Section 3(1) –
insert (in alphabetical order)
"Director of Parks and Wildlife" means the Director within the meaning of the Parks and Wildlife Commission Act;
(3) Section 10(1)(b) and (ba) –
omit
Director of the Commission
substitute
Director of Parks and Wildlife
(4) Section 10(1), at the end –
insert
Note for subsection (1) –
The National Parks and Wildlife Conservation Act 1975 (Cth) was repealed by the Environmental Reform (Consequential Provisions) Act 1999 (Cth). However, the Board for the Kakadu National Park continues in existence under Schedule 4, item 6(1)(c) to the Environmental Reform (Consequential Provisions) Act 1999 (Cth).
(5) Section 25(10) –
omit
Director of the Commission
substitute
Director of Parks and Wildlife
(1) This section amends the Special Purposes Leases Act.
(2) Section 5C(4) –
omit, substitute
(4) Subsection (4A) applies if –
(a) applications are invited for the right to the lease; or
(b) a person has entered into an agreement with the Minister for the grant of a lease under section 5B or has offered to accept a lease under that section and has paid rent or other moneys to the Territory for the land to which the offer relates.
(4A) The successful applicant or person referred to in subsection (4)(b) may –
(a) on or before the date of the grant of the lease, pay to the Territory the whole of the amount payable for the improvements; or
(b) subject to the terms and conditions the Minister thinks fit, pay to the Territory that amount (together with the prescribed interest on that amount) by the instalments the Minister determines; or
(c) on or before the date of the grant of the lease, pay to the Territory part of that amount, and execute in favour of the Territory a mortgage of the land included in the lease, in the form the Minister thinks fit, to secure the payment of the balance of the purchase money and the interest provided for in the mortgage.
(3) Section 10A(2)(a) and (b) –
omit
reappraisement
substitute
re-appraisement
(4) Section 10A(2)(b) –
omit
reappraised
substitute
re-appraised
(1) This section amends the Taxation (Administration) Act.
(2) Section 4(1), definition of "insurance" –
omit, substitute
"insurance" means an undertaking of liability to make good, or
indemnify against, loss or damage (including liability to pay damages or
compensation), or insuring the payment of money, contingent upon the happening
of a specified event, and
includes –
(a) the accepting of a premium in consideration of the granting, issuing or renewal of a policy of insurance; and
(b) the granting of a cover note or receiving of a letter or declaration of interest attaching to a policy of insurance; and
(c) the carrying out, by means of insurance effected outside the Territory, of a contract or undertaking in the Territory to effect that insurance,
but does not include –
(d) re-insurance effected with another insurer; or
(e) the insurance of the hull of a floating vessel that is being used primarily for commercial purposes; or
(f) the insurance of goods or merchandise or the freight of goods or merchandise, carried by sea, land or air;
(1) This section amends the Therapeutic Goods and Cosmetics Act.
(2) Section 4(1), definitions of "dentist", "nurse", "pharmacist" and "veterinary surgeon" –
omit
(3) Section 4(1) –
insert (in alphabetical order)
"dentist" means a dentist or dental specialist who has a right of practice under the Health Practitioners Act;
"nurse" means a registered nurse who has a right of practice under the Health Practitioners Act;
"pharmacist" means a pharmacist who has a right of practice under the Health Practitioners Act;
"veterinarian" means a registered veterinarian within the meaning of the Veterinarians Act;
(4) Section 4(1), definition of "wholesale dealing", paragraph (a) –
omit
or the Pharmacy Act
(5) Section 5(a), (b), (c) and (d) –
omit, substitute
(a) the Health Practitioners Act; and
(b) the Poisons and Dangerous Drugs Act; and
(c) the Public Health Act,
(6) Sections 37(4)(a) and 48(2) –
omit
veterinary surgeons
substitute
veterinarians
(7) Section 48(2) –
omit
veterinary surgeon
substitute
veterinarian
(8) Section 51 –
repeal, substitute
(1) Subsection (2) applies to a person who contravenes –
(a) a provision of this Act or the Regulations; or
(b) a notice under this Act within the period specified in the notice.
(2) If a penalty is not otherwise provided by this Act or the Regulations, the person is punishable on being found guilty by a fine of $1 000 or imprisonment for 6 months.
(1) This section amends the Wills Act.
(2) Section 40(1) –
omit
testator if the testator
substitute
first-mentioned issue if the first-mentioned issue
(1) This section amends the Dangerous Goods Regulations.
(2) Regulation 214(3) –
omit
a Fire District within the meaning of the Fire Service Act
substitute
an emergency response area within the meaning of the Fire and Emergency Act
(3) Regulations 220A and 221 –
repeal, substitute
221. Variation of regulation requirements
(1) The Competent Authority may, by notice in writing to the occupier of the land on which dangerous goods are stored or to the owner of dangerous goods –
(a) exempt the person from complying with these Regulations; or
(b) modify or vary these Regulations in the manner and in accordance with any conditions specified in the notice.
(2) The Competent Authority must not issue a notice under subregulation (1) unless satisfied –
(a) it is not practicable for the person to comply with these Regulations; and
(b) the exemption from, modification or variation of these Regulations will not adversely affect the safety, health or welfare of persons handling the dangerous goods.
(3) The Competent Authority may issue a notice under
subregulation (1) on its own initiative or on
application made by the person.
(4) A person who handles dangerous goods in accordance with a notice under subregulation (1) is taken to have complied with these Regulations.
(5) If an occupier of land on which dangerous goods are or an owner of dangerous goods considers that compliance with a provision of these Regulations is not reasonably practicable and a modification, variation or exemption of the provision would not adversely affect the safety, health or welfare of persons handling the goods, the person may apply to the Competent Authority for a modification, variation or exemption of the provision in accordance with this regulation.
(1) This section amends the laws specified in Schedule 4.
(2) Schedule 4 has effect.
____________________________
Section 12
FURTHER AMENDMENTS OF LOCAL GOVERNMENT ACT
Provision
|
Amendment
|
|
|
omit
|
substitute
|
Section 3
– definition of "residential unit"
|
section 77(6)
|
sections 77(6)
|
Section 19H
|
prescribed as confidential
|
prescribed by regulation as confidential
|
Section 49(2)
|
subclause (1)
|
subsection (1)
|
Section 58(1)
|
a municipal council shall rate all land within its
municipality
|
a council must rate all land within its council
area
|
Section 58(3)
|
municipal council
|
council
|
|
municipality
|
council area
|
Section 59
|
municipal council
|
council
|
Sections 59(b) and 62(1)
|
municipality
|
council area
|
Sections 62(2) and (3), 64(1), 65(1), 66, 67(1), 68(2) and
(3) and 69(1)
|
municipal council
|
council
|
Section 69(1)(a), (1)(a)(i) and (ii) and (b), (2) and
(3)(a)
|
municipality
(all references) |
council area
|
Sections 71, 72(a) and 73(1)
|
municipal council
|
council
|
Section 73(2)
|
municipality
|
council area
|
Sections 74(1) and 75(1)
|
municipal council
|
council
|
Section 75(1)
|
municipality
|
council area
|
Section 75(2)(b)
|
all land within its municipality
|
all rateable land within its council area
|
Section 76(1)
|
municipal council
|
council
|
Section 79
|
municipality
|
council area
|
Sections 81(1), 82(1) and (5), 83, 84 and 85
|
municipal council
|
council
|
Section 88
|
municipal council's
|
council's
|
Section 89(1)
|
municipal council
|
council
|
Section 89(1)(a)
|
municipality
|
council area
|
Sections 90(1), 91(1), 92(1), 94(1), 95(1) and 131(1)(a) and
(b)
|
municipal council
|
council
|
Section 149(1)(g)
|
19J(3)
|
19K(3)
|
Section 162(2)
|
allows, and published as prescribed.
|
allows.
|
____________________________
Section 22
AMENDMENT OF LAWS CONSEQUENT ON ENACTMENT OF HEALTH PRACTITIONERS ACT
Provision
|
Amendment
|
|
|
omit
|
substitute
|
Adult Guardianship Act
|
|
|
Section 21(2)
|
person registered pursuant to the Dental
Act
|
person who has a right of practice under the Health
Practitioners Act in the category of health care practice of
dentistry
|
Section 21(3)
|
medical practitioner or person registered pursuant to the
Dental Act
|
person
|
Births, Deaths and Marriages Registration
Act
|
|
|
Section 4
– definition of "doctor"
|
the whole definition
|
"doctor" means a medical practitioner;
|
Section 37(3)(a)
|
Registrar, within the meaning of the Medical
Act
|
Registrar of the Medical Board of the Northern Territory,
established under the Health Practitioners Act
|
Section 37(3)(b)
|
Chairman of the Board, within the meaning of the Pharmacy
Act
|
Registrar of the Pharmacy Board of the Northern Territory,
established under the Health Practitioners Act
|
Cemeteries Act
|
|
|
Section 4
– definition of "legally qualified medical
practitioner"
|
the whole definition
|
"legally qualified medical practitioner" means
–
(a) a medical practitioner; or
(b) a medical practitioner who has a right of practice under
a law of a State or another Territory;
|
Education Act
|
|
|
Section 25(3)
|
the whole subsection
|
(3) In this section –
"medical practitioner" includes a medical practitioner who
has a right of practice under a law of a State or another
Territory.
|
Section 67(3)
|
, nurse, dentist or dental therapist
|
or a health practitioner who has a right of practice under
the Health Practitioners Act in the category of health care practice of
nursing or dentistry
|
Section 72
|
, nurse, dentist, dental specialist or dental therapist
within the meaning of the Dental Act
|
or a health practitioner who has a right of practice under
the Health Practitioners Act in the category of health care practice of
nursing or dentistry
|
Evidence Act
|
|
|
Section 56F(b)
|
registered nurse within the meaning of the Nursing
Act
|
registered nurse who has a right of practice under the
Health Practitioners Act
|
Firearms Act
|
|
|
Section 101(1)
|
A medical practitioner, nurse, professional counsellor,
psychologist, psychiatrist or social worker
|
A health practitioner within the meaning of the Health
Practitioners Act or a professional counsellor or social worker
|
Section 101(2)
|
Where a medical practitioner, nurse, professional
counsellor, psychologist, psychiatrist or social worker
|
If a person
|
Human Tissue Transplant Act
|
|
|
Section 4(1)
– definition of "medical practitioner"
|
the whole definition
|
|
Section 16(2)(a)(iii)
|
the whole subparagraph
|
(iii) to a registered or enrolled nurse within the meaning
of the Health Practitioners Act; or
|
Interpretation Act
|
|
|
Section 34B
|
is entitled to practise medicine by, under or for the
purposes of the Medical Act
|
has a right of practice under the Health Practitioners
Act
|
Juries Act
|
|
|
Schedule 7
|
a practising dentist or dental specialist registered under
the Dental Act
|
a dentist or dental specialist who has a right of practice
under the Health Practitioners Act
|
Liquor Act
|
|
|
Section 5(1)(b)
|
legally qualified medical practitioner or pharmaceutical
chemist registered in accordance with the laws of the Territory
|
medical practitioner or pharmacist who has a right of
practice under the Health Practitioners Act
|
Marine Act
|
|
|
Section 7(1)
– definition of "medical practitioner"
|
the whole definition
|
|
Meat Industries Act
|
|
|
Section 58(2)(b)(i)
|
registered nurse within the meaning of the Nursing
Act
|
registered nurse who has a right of practice under the
Health Practitioners Act
|
Medical Services Act
|
|
|
Section 5
– definition of
"dentist" – definition of "private nurse"
|
the whole
definition a nurse within the meaning of the Nursing
Act
|
"dentist" means a dentist or dental specialist who has a
right of practice under the Health Practitioners Act;
a registered or enrolled nurse who has a right of practice
under the Health Practitioners Act
|
Mental Health and Related Services
Act
|
|
|
Section 4
– definition of "Aboriginal health
worker"
|
the whole definition
|
"Aboriginal health worker" means an Aboriginal health worker
who has a right of practice under the Health Practitioners
Act;
|
– definition of
"psychologist" – definition of "registered nurse"
|
the whole
definition the whole definition
|
"psychologist" means a psychologist who has a right of
practice under the Health Practitioners Act;
"registered nurse" means a registered nurse who has a right
of practice under the Health Practitioners Act;
|
Section 23(3)(a)
|
occupational therapist
|
occupational therapist who has a right of practice under the
Health Practitioners Act
|
Section 51(2)(e)
|
the whole paragraph
|
(e) an occupational therapist who has a right of practice
under the Health Practitioners Act; or
|
Section 66(8)
|
unprofessional conduct for the purposes of section 38(1) of
the Medical Act
|
professional misconduct for section 56(1)(e) of the
Health Practitioners Act
|
Misuse of Drugs Act
|
|
|
Section 3(1)
– definition of
"dentist" – definitions of "optometrist" and
"pharmacist"
|
the whole
definition the whole definition
|
"dentist" means a dentist or dental specialist who has a
right of practice under the Health Practitioners Act;
"optometrist" means an optometrist who has a right of
practice under the Health Practitioners Act;
"pharmacist" means a pharmacist who has a right of practice
under the Health Practitioners Act;
|
Motor Vehicles Act
|
|
|
Section 11(1)(a)
|
the whole paragraph
|
(a) "registered person" means a medical practitioner or an
occupational therapist, optometrist or physiotherapist who has a right of
practice under the Health Practitioners Act; and
|
Parole of Prisoners Act
|
|
|
Section 3B(1)(d)
|
the whole paragraph
|
(d) a medical practitioner or a psychologist who has a right
of practice under the Health Practitioners Act;
|
Police Administration Act
|
|
|
Section 83(1)(a)
|
the whole paragraph
|
(a) health practitioners who have a right to practice under
the Health Practitioners Act; or
|
Section 83(2)
|
medical practitioner, dentist
|
health practitioner
|
Section 88(2)
|
medical practitioners, dentists within the meaning of the
Dental Act or persons registered under the Health Practitioners and
Allied Professionals Registration Act
|
health practitioners who have a right to practice under the
Health Practitioners Act
|
Section 88(3)
|
medical practitioner, dentist or other person
registered
|
health practitioner
|
Section 91(2)
|
medical practitioners, dentists within the meaning of the
Dental Act or persons registered under the Health Practitioners and
Allied Professionals Registration Act
|
health practitioners who have a right to practice under the
Health Practitioners Act
|
Section 91(3)
|
medical practitioner, dentist or other person registered
as
|
health practitioner
|
Section 132(1)
– definition of "health practitioner"
|
the whole definition
|
"health practitioner" means a person who
–
(a) is a medical practitioner, registered or enrolled nurse
or Aboriginal health worker who has a right of practice under the Health
Practitioners Act; and
(b) is available to attend to a person held in
custody;
|
Section 145(14)
|
the whole subsection
|
(14) In this section –
"registered dentist" means a dentist or dental specialist
who has a right of practice under the Health Practitioners
Act.
|
Prisons (Correctional Services)
Act
|
|
|
Section 95A(4)
|
registered under the Nursing Act
|
a registered nurse who has a right of practice under the
Health Practitioners Act
|
Private Hospitals and Nursing Homes
Act
|
|
|
Section 4
– definition of "matron"
|
the whole definition
|
"matron" means a registered nurse who –
(a) has a right of practice under the Health
Practitioners Act; and
(b) is in charge of nursing services in a nursing
institution;
|
Section 20(d)
|
the whole paragraph
|
(d) ensure a registered nurse who has a right of practice
under the Health Practitioners Act is on duty at all times;
|
Section 26(1)(j)(i)
|
this Act, the Medical Act, the Nursing Act or
the Pharmacy Act
|
this Act or the Health Practitioners Act or an Act
repealed by that Act
|
Public Health Act
|
|
|
Sections 5(1)(b) and 6(1)
|
Medical Act
|
Health Practitioners Act
|
Public Sector Employment and Management
Act
|
|
|
Section 3(1)
– definition of "medical practitioner"
|
the whole definition
|
"medical practitioner" includes a medical practitioner who
has a right of practice under a law of a State or another
Territory;
|
Radiographers Act
|
|
|
Section 4(4)
|
Medical Act
|
Health Practitioners Act
|
Work Health Act
|
|
|
Section 49(1)
– definition of "medical, surgical and rehabilitation
treatment", paragraphs (a)(i) and (ii) and (f)
|
registered
|
who has a right of practice
|
– definition of "medical practitioner"
|
the whole definition
|
"medical practitioner" includes a medical practitioner who
has a right of practice under a law of a State or another
Territory;
|
– definition of "nursing service"
|
registered nurse
|
registered nurse who has a right of practice under the
Health Practitioners Act
|
Section 73(e)
|
registered or enrolled nurse
|
registered or enrolled nurse who has a right of practice
under the Health Practitioners Act
|
PART 2 – AMENDMENT OF REGULATIONS
Provision
|
Amendment
|
|
|
omit
|
substitute
|
Associations Regulations
|
|
|
Schedule 1
– Note, paragraphs (b) to (g)
|
the whole paragraph
|
(b) the Health Practitioners Act;
(c) the Licensed Surveyors Act;
(d) the Radiographers Act.
|
Classification of Publications, Films and Computer
Games Regulations
|
|
|
Regulation 7
|
the business of a pharmacist conducted by a registered
pharmacist within the meaning of the Pharmacy Act
|
a pharmacy business within the meaning of Schedule 8, clause
1 of the Health Practitioners Act
|
Health and Community Services Complaints
Regulations
|
|
|
Schedule 1
|
Aboriginal Health Workers Registration Board
Chiropractors and Osteopaths Registration Board
Dental Board of the Northern Territory
Medical Board of the Northern Territory
|
Aboriginal Health Workers Board of the Northern
Territory
Chiropractors and Osteopaths Board of the Northern
Territory
Dental Board of the Northern Territory
Medical Board of the Northern Territory
|
|
Nursing Board of the Northern Territory Occupational Therapists Registration Board
Optometrists Board Pharmacy Board Physiotherapists Registration Board Psychologists Registration Board
|
Nursing and Midwifery Board of the Northern
Territory
Occupational Therapists Board of the Northern
Territory
Optometrists Board of the Northern Territory
Pharmacy Board of the Northern Territory
Physiotherapists Board of the Northern
Territory
Psychologists Board of the Northern Territory
|
Schedule 2
– Part 1, item 9(c)
|
the whole paragraph
|
(c) a dental hygienist, dental therapist or dental
prosthetist who has a right of practice under the Health Practitioners
Act.
|
Northern Territory Rail Safety
Regulations
|
|
|
Regulation 31
– definition of "registered nurse"
|
the whole definition
|
"registered nurse" means a registered nurse who has a right
of practice under the Health Practitioners Act;
|
Poisons and Dangerous Drugs
Regulations
|
|
|
Regulation 11(1)(c)
|
registered
|
who has a right of practice
|
Prisons (Correctional Services) (Home Detention
Orders) Regulations
|
|
|
Regulation 4(1)(c)(ii) and (2)(b)
|
dentist or dental specialist registered, or an Aboriginal
health worker entitled to practise dentistry, under the Dental
Act
|
dentist, dental specialist or Aboriginal health worker who
has a right of practice under the Health Practitioners Act
|
Public Health (Cervical Cytology Register)
Regulations
|
|
|
Regulation 2
– definition of "health practitioner"
|
the whole definition
|
"health practitioner" means a medical practitioner,
registered or enrolled nurse or Aboriginal health worker who has a right of
practice under the Health Practitioners Act;
|
Public Health (Medical and Dental Inspection of School
Children) Regulations
|
|
|
Regulation 2
– definitions of "dental therapist" and
"dentist"
|
the whole definition
|
"dental therapist" means a dental therapist who has a right
of practice under the Health Practitioners Act;
"dentist" means a dentist or dental specialist who has a
right of practice under the Health Practitioners Act;
|
|
|
"nurse" means a registered or enrolled nurse who has a right
of practice under the Health Practitioners Act;
|
Veterinarian Regulations
|
|
|
Regulation 7(1)(a)
|
the whole paragraph
|
(a) the treatment of an animal by a person who has a right
of practice under the Health Practitioners Act in the category of health
care practice of medicine, dentistry, chiropractic or physiotherapy if
–
|
|
|
(i) a registered veterinarian has examined the animal
before the treatment is undertaken; and
(ii) the treatment is carried out under the direct
supervision of the veterinarian;
|
|
|
|
____________________________
Section 23
AMENDMENT OF LAWS CONSEQUENT ON ENACTMENT OF VETERINARIANS ACT
Provision
|
Amendment
|
|
|
omit
|
substitute
|
Misuse of Drugs Act
|
|
|
Section 3(1)
– definition of "veterinary surgeon"
|
the whole definition
|
"veterinarian" means a registered veterinarian within the
meaning of the Veterinarians Act;
|
Sections 15, 16(a)(i), 17 and 42(1)(a)
|
veterinary surgeon
|
veterinarian
|
Stock Diseases Act
|
|
|
Section 7(2)
|
veterinary surgeon
|
veterinarian
|
PART 2 – AMENDMENT OF SUBORDINATE LEGISLATION
Provision
|
Amendment
|
|
|
omit
|
substitute
|
Alice Springs (Animal Control)
By-laws
|
|
|
By-law 4(1)
– definition of "approved certificate",
paragraph (a) – definition of "veterinary surgeon"
|
veterinary
surgeon the whole definition
|
veterinarian "veterinarian" means a registered veterinarian within the
meaning of the Veterinarians Act.
|
By-laws 13(3), 26(2)(d) and 47(2)
|
veterinary surgeon
|
veterinarian
|
Borroloola Community Government Council (Control of
Dogs)
By-laws |
|
|
By-law 3(1)
– definition of "veterinary surgeon"
|
the whole definition
|
"veterinarian" means a registered veterinarian within the
meaning of the Veterinarians Act.
|
By-laws 20(3)(c), 32(4), 40(1)(a) and (3) and
41(a)
|
veterinary surgeon
|
veterinarian
|
Darwin City Council By-laws
|
|
|
By-law 53(1)
– definition of "veterinary surgeon"
|
the whole definition
|
"veterinarian" means a registered veterinarian within the
meaning of the Veterinarians Act.
|
By-laws 63(4)(c), 74(4), 79(1)(a) and (3) and
80(2)(a)
|
veterinary surgeon
|
veterinarian
|
Fisheries Regulations
|
|
|
Regulation 27(b)(iii)
|
a veterinary surgeon
|
a veterinarian, however described,
|
Greyhound Racing Rules
|
|
|
Rule 3
– definition of "official"
– definition of "veterinary surgeon"
|
veterinary surgeon
the whole definition
|
veterinarian
"veterinarian" means a registered veterinarian within the
meaning of the Veterinarians Act;
|
Rules 44(3) and 47(3)
|
veterinary surgeon
|
veterinarian
|
Part X, heading
|
VETERINARY SURGEONS
|
VETERINARIANS
|
Rules 93(1) and (2), 94(1) and (2) and 95
|
veterinary surgeon
(all references) |
veterinarian
|
Rule 129(1)(b)
|
veterinary surgeon's
|
veterinarian's
|
Rules 129(1)(b), 149(1), 150(a) and (b), 191(2) and (3),
197(1) and (2), 201, 202, 206(2) and 209(1)(a) and (b), (2) and
(3)(a)
|
veterinary surgeon
(all references) |
veterinarian
|
Rule 210(3)
|
veterinary surgeon's
|
veterinarian's
|
Rules 210(3), 211(1) and 219(2)(a), (f), (g) and
(h)
|
veterinary surgeon
(all references) |
veterinarian
|
Jabiru Town Development (Control of Animals)
By-laws
|
|
|
By-law 2
– definition of "veterinary surgeon"
|
the whole definition
|
"veterinarian" means a registered veterinarian within the
meaning of the Veterinarians Act.
|
By-law 5(1)(b)(i)
|
veterinary surgeon
|
veterinarian
|
Jabiru Town Development (Control of Dogs)
By-laws
|
|
|
By-law 3(1)
– definition of "veterinary surgeon"
|
the whole definition
|
"veterinarian" means a registered veterinarian within the
meaning of the Veterinarians Act.
|
By-laws 16(3)(e), 38(1)(b) and (4)(b) and 39
|
veterinary surgeon
|
veterinarian
|
Schedule 1
– Form 4
|
veterinary surgeon
|
veterinarian
|
Mataranka Community Government Council (Control of
Dogs)
By-laws |
|
|
By-law 3(1)
– definition of "veterinary surgeon"
|
the whole definition
|
"veterinarian" means a registered veterinarian within the
meaning of the Veterinarians Act.
|
By-laws 20(3)(c), 32(4), 40(1)(a) and (3) and
41(a)
|
veterinary surgeon
|
veterinarian
|
Pine Creek (Control of Dogs)
By-laws
|
|
|
By-law 3(1)
– definition of "veterinary surgeon"
|
the whole definition
|
"veterinarian" means a registered veterinarian within the
meaning of the Veterinarians Act.
|
By-laws 20(3)(c), 32(4), 40(1)(a) and (3) and
41(a)
|
veterinary surgeon
|
veterinarian
|
Tennant Creek (Control of Dogs)
By-laws
|
|
|
By-law 3(1)
– definition of "veterinary surgeon"
|
the whole definition
|
"veterinarian" means a registered veterinarian within the
meaning of the Veterinarians Act.
|
By-laws 21(3)(e), 42(1), (3) and (5)(b) and
43(a)
|
veterinary surgeon
(all references) |
veterinarian
|
Schedule
– Form 4
|
Veterinary surgeon
|
Veterinarian
|
____________________________
Section 33
PART 1 – AMENDMENT OF OTHER ACTS
Provision
|
Amendment
|
|
|
omit
|
substitute
|
Animal Welfare Act
|
|
|
Section 4
– definition of "vehicle",
paragraph (c) |
the whole paragraph
|
(c) an aircraft; and
|
Architects Act
|
|
|
Section 19A(2)(a) and (b)
|
architectual
|
architectural
|
Associations Act
|
|
|
Section 6(3)(c)(viii)
|
the Aboriginal and Torres Strait Islander
Commission
|
the Office of Indigenous Policy Coordination
|
Section 30(6)
– definition of "insolvent under
administration",
paragraph (c) |
deed of arrangement
|
personal insolvency agreement
|
Section 65(1)(b)
|
subsection (3)
|
subsection (4)
|
Section 65(4)(a)
|
to the effect that the association is carrying out its
objects or is in operation
|
showing cause to the contrary
|
Child Protection (Offender Reporting and Registration)
Act
|
|
|
Section 82(2)
|
section 82
|
section 81
|
Commercial and Private Agents Licensing
Act
|
|
|
Section 4(1)(j)
|
Power and Water Authority Act
|
Power and Water Corporation Act
|
Section 17L(2)
|
Commission
(all references) |
Commissioner
|
Community Welfare Act
|
|
|
Section 4(1)
– definition of "hospital"
|
Hospitals and Medical Services Act
|
Medical Services Act
|
Electricity Reform Act
|
|
|
Section 4(1)
– definition of "Power and Water
Authority" – definition of "related body corporate", paragraph
(a)
|
the whole
definition Power and Water Authority
(all references) |
"Power and Water Corporation" means the Power and Water
Corporation established under the Power and Water Corporation
Act;
Power and Water Corporation
|
Fences Act
|
|
|
Section 17
|
Local Courts Act
|
Local Court Act
|
Fire and Emergency Act
|
|
|
Section 21(1)(c) and (2)
|
member of the Police Force
|
police officer
|
Gaming Machine Act
|
|
|
Section 43(3)(b)(ii)
|
Fire Service Act
|
Fire and Emergency Act
|
Land Development Corporation Act
|
|
|
Section 17(2)
|
chief executive officer, or an employee, within the meaning
of the Public Sector Employment or Management Act
|
Chief Executive Officer or a public sector
employee
|
Law Officers Act
|
|
|
Section 7(1)
|
(1) Subject to subsection (2) a
|
A
|
Marine Act
|
|
|
Section 11(2)
|
a Local Court of Full Jurisdiction under the Local Courts
Act
|
the Local Court
|
Mental Health and Related Services
Act
|
|
|
Section 4
– definition of "mentally disturbed"
|
temporally
|
temporarily
|
Section 53(3)(b)(i)
|
involuntarily
|
involuntary
|
Mineral Royalty Act
|
|
|
Section 50(2)(e)
|
the Aboriginal and Torres Strait Islander
Commission
|
the Commonwealth
|
Mining Act
|
|
|
Section 150
|
a Local Court under the Local Courts Act
|
the Local Court
|
Pay-roll Tax Act
|
|
|
Section 46(2)
|
a telegram purporting to have been sent by the
Commissioner
|
a document purporting to have been written by the
Commissioner
|
Petroleum Act
|
|
|
Section 61(10)
|
under this –
|
except on the ground to do so would disclose
–
|
Police Administration Act
|
|
|
Section 148B(2)
|
performace
|
performance
|
Public Sector Employment and Management
Act
|
|
|
Part 5, heading
|
TRANSFER, RESIGNATION AND AGE RETIREMENT
|
TRANSFER AND RESIGNATION
|
Radiation Protection Act
|
|
|
Section 6(3)(b)
|
the whole paragraph
|
(b) has or exceeds the activity or activity concentration
prescribed by the Regulations.
|
Terrorism (Emergency Powers) Act
|
|
|
Section 35(3A)
|
a police officer
|
a person who is or has been a police officer
|
Tobacco Control Act
|
|
|
Section 56(4)
|
who is
|
who is or has been
|
Traffic Act
|
|
|
Section 29AH(3)
|
Parts III, IV and V of the Disposal of Uncollected Goods
Act apply
|
Part 2 of the Uncollected Goods Act
applies
|
PART 2 – AMENDMENT OF OTHER SUBORDINATE LEGISLATION
Provision
|
Amendment
|
|
|
omit
|
substitute
|
Agents Licensing Regulations
|
|
|
Regulation 17(1)(c)(x)
|
the whole subparagraph
|
(x) a Registrar of the Local Court; or
|
Building Regulations
|
|
|
Regulation 5(1)(d)
|
the whole paragraph
|
(d) the Power and Water Corporation established by the
Power and Water Corporation Act.
|
Schedule 2
– column 1
|
Fire Service Authority of the Northern Territory established
under the Fire Service Act
Power and Water Authority established under the Power and
Water Authority Act
|
Northern Territory Fire and Rescue Service established by
the Fire and Emergency Act
Power and Water Corporation established by the Power and
Water Corporation Act
|
Schedule 5
– clause 1(2) – clause 2(2) – clause 3(a) – clauses 3(c) and 5
|
Water Supply and Sewerage Act
Power and Water Authority
Power and Water Authority's
the Authority's
the Authority;
Power and Water Authority
|
Water Supply and Sewerage Services Act
Power and Water Corporation
Power and Water Corporation's
the Corporation's
the Corporation; or
Power and Water Corporation
|
Child Protection (Offender Reporting and Registration)
Regulations
|
|
|
Regulation 7(c)
|
Pfes.CIS@pfes.nt.gov.au
|
ancor@pfes.nt.gov.au
|
Consumer Affairs and Fair Trading (Door-to-Door
Trading) Regulations
|
|
|
Regulation 3(1) and (2)
|
Part VII
|
Part 7
|
Consumer Affairs and Fair Trading (Motor Vehicle
Dealers) Regulations
|
|
|
Schedule 3
– Form 1, clause 17 – Form 2, clause 15 and Forms 3 and 4, final
paragraphs
– Forms 7 and 8, final paragraphs – Form 14, clause 8
|
$20,000 or imprisonment for 3 years
$20 000 or imprisonment for 3 years $5 000 $20 000 or imprisonment for 3 years
|
400 penalty units or imprisonment for 2 years
400 penalty units or imprisonment for 2
years 100 penalty units or imprisonment for 6 months
400 penalty units or imprisonment for 2 years
|
Consumer Affairs and Fair Trading (Travel Agents)
Regulations
|
|
|
Regulation 8(q)
|
Part XI
(all references) |
Part 11
|
Darwin City Council By-laws
|
|
|
By-law 104(3)(b)
|
paragraph (1)
|
paragraph (a)
|
Electrical Workers and Contractors
Regulations
|
|
|
Regulation 4
– definition of "College"
|
the whole definition
|
"College" means a registered training organisation
registered under the Northern Territory Employment and Training Act to
deliver electrotechnology training packages;
|
Electricity Reform (Safety and Technical)
Regulations
|
|
|
Regulation 2
– definition of "nominal system voltage"
|
AS 2926
|
AS 60038
|
Greyhound Racing Rules
|
|
|
Rule 3
– definition of "the Act"
|
Lottery and Gaming Act
|
Racing and Betting Act
|
Housing Regulations
|
|
|
Regulation 11
|
in in regulation 6(e)
|
in regulation 6(e)
|
Jabiru Town Development (Swimming Pool Complex)
By-laws
|
|
|
By-law 10(2)
|
bathing constumes
|
bathing costumes
|
Katherine Town Council By-laws
|
|
|
By-law 100(8)
– definition of "service vehicle"
|
Power and Water Authority
Department of Transport and Works
|
Power and Water Corporation
Department of Infrastructure and Planning
|
Local Government (Administration)
Regulations
|
|
|
Regulation 13(1)
|
close to the public under section 56 of the Act
|
close to the public
|
Ltyentye Apurte Community Government
Scheme
|
|
|
Clause 7(2)
|
termporarily
|
temporarily
|
Clause 32(1)
|
After 4 pm
|
After 3 pm
|
Minibus Regulations
|
|
|
Regulation 8(3)(b)
|
resonable
|
reasonable
|
Mining Regulations
|
|
|
Regulation 42
|
Local Courts Act
|
Local Court Act
|
Misuse of Drugs Regulations
|
|
|
Schedule 3
– Form 4, warning, paragraph (a)
|
section 11E(3)
|
section 11E(3) of the Misuse of Drugs
Act
|
– Form 6, warning
|
section 11E(1)
(all references) |
section 11E(1) of the Misuse of Drugs
Act
|
– Form 8, warning
|
section 11E(3)
(all references) |
section 11E(3) of the Misuse of Drugs
Act
|
– Form 10, warning
|
section 11E(1)
|
section 11E(1) of the Misuse of Drugs
Act
|
– Form 12, warning
|
section 11E(3)
|
section 11E(3) of the Misuse of Drugs
Act
|
– Form 13, warning
|
section 11P
|
section 11P of the Misuse of Drugs
Act
|
Superannuation Regulations
|
|
|
Regulation 4(g)
|
the whole paragraph
|
(g) the Power and Water Corporation established by the
Power and Water Corporation Act;
|
Regulation 4(m)
|
the whole paragraph
|
(m) Land Development Corporation established by the Land
Development Corporation Act;
|
____________________________
__________________
ALTERATIONS TO PROVISION HEADINGS
On the day on which the laws specified in the following table are amended by this Act, in addition to any alteration to provision headings indicated in the text of this Act, the headings to the provisions specified in the table are altered as set out in the table.
Provision
|
Alteration
|
|
|
omit
|
substitute
|
Mental Health and Related Services
Act
|
|
|
Section 117
|
the whole heading
|
Confidentiality
|
Greyhound Racing Rules
|
|
|
Rule 93
|
the whole heading
|
Commission veterinarian
|
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