STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL 2011

A Bill for an Act to amend miscellaneous provisions in legislation of the Territory

10A Decision under section 10 to continue in some circumstances
23A Defined words in Acts and references in other legislation

A note at the foot of a provision that is identified as an explanatory note is not part of this Act.

Explanatory notes are used in this Act to explain amendments. The explanatory notes may be compared to notes to a provision that are part of an Act or Regulations, such as this note. Therefore if the explanatory note explains an amendment, it will not appear in the reprint.

Part 2 Amendment of legislation administered by Chief Minister
4 Act amended

This Part amends the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act.

(1) The purpose of this section is to provide for what happens in relation to a statutory body if:

(a) a classification determination (applying determination) has effect in relation to the body as mentioned in section 9(4) because a decision, that applies to the body, has taken effect under section 10 (applying decision); and

(b) after the applying determination has effect in relation to the body, it is amended by a further classification determination or replaced by another classification determination (the result of either the amendment or the replacement being a new determination).

(2) Subject to subsection (3), after the new determination is made but until it takes effect in relation to the statutory body as mentioned in section 9(4), both the applying determination and applying decision continue to have effect in relation to the body.

(3) If the new determination increases the amount of the entitlement as mentioned in section 9(2)(a) for the class of statutory bodies to which the statutory body belongs under the applying decision, the change of the amount (as specified in the new determination) takes effect in relation to the body on the starting date for the new determination despite section 9(4).

(a) the date specified in the new determination as the date the new determination is to start operating in relation to statutory bodies that are already the subject of an applying decision; or

(b) if no date is specified under paragraph (a) – the date the new determination is made.

(5) Subsections (2) and (3) apply even if the new determination also changes other matters in the applying determination.

Sections 9 and 10 of the Assembly Members and Statutory Officers (Remuneration and Other Entitlements) Act has resulted in Ministers remaking decisions on each occasion the Administrator makes a new classification determination even if the new classification determination does not impact on a statutory body.

The insertion of section 10A allows an existing Ministerial classification decision to continue to apply to a statutory body even though a new classification determination is made. The existing Ministerial classification decision continues to have effect until the responsible Minister makes a further Ministerial classification decision relevant to the statutory body.

(ii) an alternative to an entitlement because of special circumstances, to avoid hardship or for another reason specified in the determination; or

(b) an entitlement to be subject to approval by, or notice to, a specified person (however the approval or notice is described in the determination).

The Remuneration Tribunal determines entitlements and sometimes leaves some matters to be decided, endorsed or approved by another. The amendment expressly provides for a certain level of detail to be determined by a specified person to ensure sufficiently flexible arrangements.

Part 3 Amendment of legislation administered by Minister for Justice and Attorney-General

When the Absconding Debtors Act was enacted in 1978, it included a Part I heading but the Part heading did not appear in reprint of the Act. Subsequent amendment Acts have been checked and the heading was not omitted so its absence appears to be an editorial oversight. Accordingly, insertion by amendment is considered the best way to normalise the situation.

Aboriginal or Torres Strait Islander corporation, see section 16-5 of the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth).

The Aboriginal Councils and Associations Act 1976 (Cth) was repealed by the Corporations (Aboriginal and Torres Strait Islander) Consequential, Transitional and Other Measures Act 2006 (Cth). The Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), generally speaking, replaced the repealed Act and used the term "Aboriginal and Torres Strait Islander corporation". Section 13 make changes to reflect the current Commonwealth legislation. Other minor amendments of this section are included in the Schedule.

This amendment supports a change to current legislative drafting practice that is designed to simplify the form of amending legislation.

(1) This section applies to a word or term defined in a particular way in an Act if the spelling of the word, or a word in the term, is no longer consistent with current legislative drafting practice.

(2) In subordinate legislation made under that Act or in other Acts or subordinate legislation, the word may be spelt in accordance with current legislative drafting practice and, if it is so spelt, the idea expressed must not be taken to be different merely because of the spelling.

If an Act uses or defines the term "authorized officer" or "authorized person", then in subordinate legislation made under the Act "authorized" may be spelt as "authorised" without changing the idea relating to the word’s usage.

This amendment supports the change from the previous drafting practice at or about the time of self-government when words such as "authorized" and "jeopardized" used a "z". The form of spelling is inconsistent with the current legislative drafting practice and is being directly amended.

However some references exist as defined terms and impact on subordinate legislation. This amendment will allow the subordinate legislation to be made using spelling in accordance with current legislative drafting practice without affecting the meaning of the word or term.

is guilty of an offence if the person, with intent to intimidate or annoy another person, threatens to damage a dwelling-house.

Section 47AB of the Summary Offences Act was inserted by Act No. 65 of 1983 and included 2 paragraphs, specifically paragraphs (a) and (b). By amendment Act No. 7 of 1996, the section was amended "by omitting paragraph (b)" so the remainder of the section only included a single paragraph. This amendment normalises the wording of the section but does not change the policy of the section.

(a) until the date specified in the written notice under section 72(2) for the food business as the date on which the registration ends or, if no date is so specified, until 1 July immediately after the date the Chief Health Officer registers the food business or renews the registration of the food business; or

Currently, section 74 of the Food Act provides that registration of a food business (including renewed registration) remains in force until 1 July immediately after the date the Chief Health Officer registers the food business (or renews registration of the food business) or until it is cancelled under section 79 of the Food Act.

The Department of Health advises the current provision creates a heavy workload around 1 July each year, and that this has caused difficulties from an operational perspective. The change will allow different dates for the end of registration of different food businesses.

(1) If the proprietor of a registered food business sells or otherwise disposes of the food business or other property used in relation to carrying on the operations of the food business, the proprietor must, in an approved form, notify the Chief Health Officer of the sale or disposal not later than 14 days after the date of the sale or disposal.

(2) The approved form for a notice for subsection (1) must require details of the following:

The current section 83 is replaced to clarify that the penalty relates to a failure to give notice as required by subsection (1). As part of normalising the provision, use of an approved form has been included.

SUSMP means the document, as in force from time to time, made under section 52D(2) of the Therapeutic Goods Act (Cth).

This amendment updates a definition to the document made under the relevant provision of Commonwealth legislation as that document is in force from time to time.

These amendments update section 6A so it uses the newly defined acronym SUSMP. Similar amendments of the Regulations are included in the Schedule.

Part 5 Amendment of legislation administered by Minister for Natural Resources, Environment and Heritage
25 Act amended

This Part amends the Environment Protection (Beverage Containers and Plastic Bags) Act.

(ii) providing for the payment of refunds on the return of empty beverage containers to collection depots; and

excluded by regulation from the application of the CDS. Under section 42 of the Interpretation Act, a regulation may exclude

exempted by regulation from the application of the CDS. Under section 42 of the Interpretation Act, a regulation may exempt

Section 25(1) corrects a minor structural defect in the definition corresponding law by replacing the definition.

Because the heading to section 9 of the Environment Protection (Beverage Containers and Plastic Bags) Act provides for exemption, not exclusion, of containers from the application of the Act, section 25(2) makes a minor amendment to the note for consistency with section 9.

The Schedule amends Acts (some of which are also amended in other Parts) and Regulations in minor ways including to correct references.

Provision	Amendment
	omit	insert
*Absconding Debtors Act*
section 4(1)	, unless the contrary intention appears
section 4(1), definitions *member* and *Police Force*	whole definition
section 4(3)	the purposes of he	the person
section 4(3)(a) and (b), at the end		and
Part II, heading	Part II	Part 2
sections 5(2), 6(2) and (3) and 7	shall	must
sections 6(3)(a) and (b)(i) and 7(a)(i) and (b)(i), at the end		and
section 7(a)(iii) and (b)(iii)	warrant,	warrant;
Part III, heading	Part III	Part 3
section 8	Part II	Part 2
section 8(b)	member of the Police Force,	police officer;
section 8A, heading	member of Police Force his	police officer officer's
section 8A(1)	Part II member of the Police Force he may, if he notwithstanding that he his	Part 2 police officer the officer may, if he or she even though the officer his or her
section 8A(2)	all words from "member" to "he shall"	police officer executes, pursuant to subsection (1), a warrant issued under Part 2, the officer must
section 8A(3)	member of the Police Force Part II all words from "shall" to "after he"	police officer Part 2 must, as soon as practicable after he or she
sections 9 and 10	Part II shall	Part 2 must
section 10(a)	member of the Police Force	police officer
section 10(b)	in any other case – upon	otherwise – on
section 11(1)	Part II shall	Part 2 must
section 11(2)	officer shall	police officer must
section 12	member shall	police officer must
section 12(a)(ii), at the end		or
Part IV, heading	Part IV	Part 4
sections 13(1A) and (2) and 14(2)	shall	must
section 14(2)(a), (b) and (c)(ii), at the end		and
section 15(2)(b) and (3)(b)	to,	to;
section 15(3)	shall he were a party thereto	must he or she were a party to the proceedings
Part V, heading	Part V	Part 5
section 16(a) to (e), at the end		and
section 16(b)	he	he or she
section 16(e)	finalization	finalisation
section 16(f)(i), at the end		or
section 16(f)(iii)	conditions,	conditions;
section 17	shall	must
section 18(1)	member of the Police Force who that member his	police officer whom the officer the debtor's
section 18(2)	member of the Police Force shall thereafter	police officer must after
section 18(4)	who he	that it
section 19(2)	shall	must
Part VI, heading	Part VI	Part 6
section 20(1)(a)	him be set aside;	the debtor be set aside; or
section 20(1)(b)	he	the debtor
section 20(2)	shall	must
section 20(2)(a), at the end		and
section 20(3)(a), at the end		or
section 22(b)	quashed,	quashed;
section 22	shall Part II Part IV his	must Part 2 Part 4 his or her
section 23	shall	do
Part VII, heading	whole heading	Part 7 Miscellaneous matters
section 24(1)	he	the person
section 24(2)	member of the Police Force Part II	police officer Part 2
section 25	shall	must
section 26(a), at the end		or
section 26(c)	Court,	Court;
section 26(d) and (e)	shall
section 29(a), at the end		and
section 29(c)	paid,	paid;
*Associations Act*
section 4	, unless the contrary intention appears
section 4, definition *accounts*, paragraph (b)(ii)	sheet,	sheet;
section 4, definition *association*, paragraph (a)(i) to (iii), at the end		or
section 4, definition *association*, paragraph (a)(v)	centre,	centre;
section 4, definition *association*, paragraph (a)	Territory;	Territory; or
section 4, definitions *financial year, paragraph (a)(i) and gross receipts*, paragraph (a), at the end		or
section 4, definition *officer*, paragraph (a)(ii)	association,	association;
section 4, definition *officer*, paragraph (a)	position;	position; or
section 6(1)(a) and (b) and (3)(a), (b) and (c)(i) to (vii) and (ix), at the end		or
sections 8(3)(a) to (c), 10(1)(a) and (b)(ii) and 11(a), at the end		and
section 19(b)	proceedings,	proceedings;
section 23(2)(a), at the end		and
section 25(b)	proceedings,	proceedings;
sections 27(4)(a) to (d) and 30(2)(a) to (c), at the end		or
section 30(2)(e)	offence,	offence;
section 30(6), definition *insolvent under administration*	of the Commonwealth (all references)	(Cth)
section 30(6), definition *insolvent under administration*, paragraph (b)	bankrupt,	bankrupt;
section 31(2)(a), at the end		or
section 34(1)(a), at the end		and
section 34(2)(a), at the end		or
section 38(3)(a), at the end		and
Part 4, Division 3, heading, at the end		matters
section 40(1)(a), at the end		or
sections 41(a), 42(2)(a) to (c) and (d)(i) and 43(1)(c)(i), at the end		and
sections 44(b)(i) and (ii), 46(1)(a), 47(1)(a) and (b) and (2)(a) and 48(1)(a) and (b) and (2)(a), at the end		or
section 48(4)(a) and (7)(a), at the end		and
section 48(10)(b)	association,	association;
section 51(1)(a), at the end		or
section 54(2)(b)(i), at the end		and
section 54(6)(a) and (b), at the end		or
section 54(6)(d)	Part,	Part;
sections 57(1)(a) and 62(2)(a) to (c), at the end		and
section 62(3)(a), at the end		or
section 65(4)(b)	subsection (2),	subsection (2);
section 65(4)(d)	association,	association;
section 65(7)	notice in the Gazette	Gazette notice
section 66(1)(b)	behalf,	behalf;
section 67(1)(a), at the end		or
section 67(1)(c)	dissolved,	dissolved:
section 68(3)(a), at the end		and
section 68(5)(b) and (8)(b)	section,	section;
sections 70(a) and 72(a)(i), at the end		and
section 72(b)	of the Commonwealth	(Cth)
section 77(1)(a), at the end		or
section 77(6)(b)	refused,	refused;
section 78(1)(a) to (c), at the end		or
sections 78(2)(a) and 79(1)(a) and (b), at the end		and
section 80(6)(a), at the end		or
section 81(2)(a) and (b)	all words from "an employee" to "Act,"	a public sector employee,
section 83(1)(a), at the end		and
sections 86(2), definitions *appropriate officer, paragraphs (a) to (c) and relevant day*, paragraphs (a)(ii), (b) and (c) and 87(a) to (d), at the end		or
section 88(1)(a)(ii), (b)(ii), (c)(v) and (d) to (f), at the end		and
section 88(1)(c)(i) to (iii), at the end		or
section 89(1)(b)	applies,	applies;
section 90(1)(a), at the end		and
section 90(1)(c) and (3)(b)	applies,	applies;
section 90(4)(b)	certificate,	certificate;
sections 92(1)(a) and 94(a), at the end		or
section 95(1)(a)(i) and (ii), at the end		and
section 99(1)(b) and (2)(b)	practitioner,	practitioner;
section 100(2)(b)	duty,	duty;
sections 100(3)(a) and (b), 104(1)(a), 107(2)(a) and 109(1)(a) and (b), at the end		or
section 110(1)(b)	less,	less;
section 110(2)(b)	administering that Act,	administering that Act;
section 110(6)(a) and (b), at the end		or
section 110(6)(d)(ii)	services,	services;
section 110(8)(a) and (b), at the end		or
section 110(8)(d)(ii)	services,	services;
section 113(1)(a) and (b), at the end		and
*Care and Protection of Children Act*
section 13, definition *holder*	whole definition	*holder* means the person to whom a licence is granted.
section 60(6)(a)	certificate	notice
section 278(1)(b)	section 261(1)(f)	section 260(1)(f)
*Darwin Port Corporation Act*
section 16(2)(a)(vi)	a pilotage service
*Liquor Act*
section 56(1)(a)	be
section 106BD(1)(a)(ii)	so.	so; and
*Marine Act*
section 84	taken to be to be	taken to be
*Mineral Titles Act*
section 8, definition *converted mineral title*	whole definition
section 8, definition *existing proposed title area*	section 65(3)	section 65(4)
section 49	specified	prescribed
section 94(3)(d)(iii)	section 4	section 9
*Poisons and Dangerous Drugs Regulations*
regulation 3, definition *Scheduled substance*	SUSDP	SUSMP
regulation 7, heading	SUSDP	SUSMP
regulation 7(1) to (3)	SUSDP	SUSMP
regulation 12, heading	SUSDP	SUSMP
regulation 12(1) to (3)	SUSDP (all references)	SUSMP
*Unit Title Schemes (Management Modules) Regulations*
Schedule 1, clause 56(1)(c) and Schedule 2, clause 56(1)(c)	National Institute of Accountants	Institute of Public Accountants
*Unit Titles (Management Modules) Regulations*
Schedule 1, clause 47(1)(c)	National Institute of Accountants	Institute of Public Accountants

Northern Territory Bills

STATUTE LAW (MISCELLANEOUS PROVISIONS) BILL 2011