Northern Territory Second Reading Speeches

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STATUTE LAW REVISION BILL 2002


Madam Speaker, I move that the bill be now read a second time.

The purpose of this bill is to amend various Northern Territory laws, none of which reflect substantial changes in policy. I now outline some of the changes that are brought about by this bill.

The sections 194 and 208 of the Local Government Act have been amended consequential to the Fines and Penalties (Recovery) Act that commenced on 1 January 2002. Under the new enforcement scheme established by the Fines and Penalties (Recovery) Act, non-payment of infringement notices will not be enforced by prosecution, but will be enforced by a range of other enforcement measures such as licence suspension and community work orders.
Currently, section 194 of the Local Government Act is unclear that it is the issuing of an infringement notice that is the alternative to prosecution, not the payment of a penalty under the infringement notice. This bill removes the doubt. It is now to be clear that the issuing of the infringement notices is the alternative to prosecution.

Under the Fines and Penalties (Recovery) Act, the Fines Recovery Unit is now responsible for collecting most court fines and all outstanding infringement notices. The amendment to the section 208 of the Local Government Act clarifies that the amount of the court fine or infringement notice penalty is still payable to the relevant council.

Most of the other amendments noted by the bill are of a very minor nature and, generally, self-explanatory. However, there are some that require further explanation, and I will briefly summarise the amendments that are of greater significance.

The Marine Pollution Act 1999 which has not commenced operation, provides in Part 4 for the prevention of pollution to coastal waters. Part 4 contains an offence concerning the jettisoning of pollutants . Currently the term ‘jettisoning’ is defined so that its ordinary dictionary meaning is taken to include ‘leaking’. Clause 3(1) amends section 26 of the Marine Pollution Act 1999 so that it is clear that includes, in its meaning, ‘accidental discharges or losses’.

The Radioactive Ores and Concentrates (Packaging and Transport) Act provides, in section 25, for the recognition by the minister of codes relating to the packaging and transporting of certain radioactive materials. Currently, section 25 provides that such codes must be codes approved by the International Atomic Energy Agency, or approved under the Environmental Protection (Nuclear Codes) Act 1978 of the Commonwealth. However, there are severe operational difficulties in complying with this section. Australian codes are not now approved under any relevant international agency. Rather, they are formulated by the Australian Radiation Protection and Nuclear Safety Agency. Additionally, the Commonwealth act referred to in section 25 no longer exists. Clause 4 of the bill proposes that section 25 be amended so as to remove the cross-references to the international codes, or to the Commonwealth legislation. Instead, the relevant code will be one approved by the minister.

Regulation 26 of the Fisheries Regulations is to be amended to reflect the fact that the Commonwealth’s Wildlife Protection (Regulation of Exports and Imports) Act 1982 has been replaced by the Environment Protection and Biodiversity Conservation Act 1999.

The remaining amendments are consequential to: the change in the name of the Law Society; the amendments made to the corporations legislation; and the Commonwealth legislation relating to various Commonwealth lawyers.

I commend the Statute Law Revision Bill 2002 to honourable members.

Debate adjourned.


 

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