Northern Territory Explanatory Statements
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NORTHERN TERRITORY ABORIGNAL SACRED SITES AMENDMENT BILL 2005
The purpose of this Bill is to amend the Northern Territory Aboriginal Sacred Sites Act.
These amendments will ensure the secrecy of the Aboriginal Areas Protection Authority’s records, clarify the liability of the Crown to prosecution and extend the time limit in which prosecutions can be brought.
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 Northern Territory Aboriginal Sacred Sites Amendment Act 2005
Clause 2. Commencement
This clause determines that the Act will come into operation on the date fixed by the Administrator in the Gazette.
Clause 3. Principal Act amended
This clause indicates that this Act will amend the Northern Territory Aboriginal Sacred Sites Act.
Clause 4. Repeal and substitution of section 4
This clause repeals section 4 of the Northern Territory Aboriginal Sacred Sites Act and substitutes it with a new section 4 which clarifies the extent to which that Act binds the Crown, and specifically the liability of the Crown to prosecution for offences under that Act.
Clause 5. Amendment of section 38 (Secrecy)
This clause amends section 38 of the Northern Territory Aboriginal Sacred Sites Act to include its application to a court or tribunal.
Clause 6. New section 39A
This clause creates a new section, 39A Time for commencing prosecution, which allows for a period of up to 2 years for commencement of a prosecution under the Northern Territory Aboriginal Sacred Sites Act, and allows for the court to allow further time if it considers the delay is justified.
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