Northern Territory Second Reading Speeches

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STATUTE LAW REVISION BILL 2010

Ms LAWRIE (Justice and Attorney-General): Madam Speaker, I move that the bill be now read a second time.

The purpose of this bill is to make consequential amendments to various Northern Territory laws, including updating superseded references and correcting typographical and grammatical errors and omissions.


None of the amendments contained in the bill constitute changes in government policies or programs. Most of the amendments in the bill are very minor in nature and are generally self-explanatory.


However, there are a number of other amendments that I will draw to your attention as they correct more obscure and significant drafting errors.


Sections 7 and 17 of the
Aboriginal Land Act are repealed and substituted with new sections 7 and 17 to reflect the current drafting practices and amend gender-biased terminology. In doing this, some of the text has also been updated. For example, the heading of the new section 7 reads: ‘Members of parliament and others may enter Aboriginal land’. Currently, it reads: ‘Members of parliament and’, etcetera, ‘may enter’, etcetera, ‘Aboriginal land’. Similar changes are made to section 17.

Section 110 of the
Building Act is repealed and substituted with a new section 110 that has been restructured to read more clearly. That section also contains what would have otherwise been an amendment to subsection (d) of the former section 110, now subsection (c)(iv). Former subsection (d) contained the word ‘order’ instead of ‘notice’. This error has been rectified.

The
Electrical Workers and Contractors Act is amended to remove a small number of references to the Electricity Act. In particular, section 4 defines an ‘authorised person’ as including an ‘inspector’. The term ‘inspector’ means ‘an inspector appointed under the Electricity Act. The Electricity Act was repealed and replaced by the Electricity Reform Act in 2000 and makes no reference to an ‘inspector’.

Based on consultation with NT WorkSafe and the Department of Lands and Planning, all references to an ‘inspector’ should be omitted and substituted with ‘authorised officer’ as defined by section 4(1) of the
Electricity Reform Act. The bill achieves this by omitting the definitions ‘authorised person’ and ‘inspector’ from section 4 of the act, and inserting a new definition of ‘authorised person’, which includes an ‘authorised officer’. All other references to the Electricity Act are omitted and substituted with references to the Electricity Reform Act.

The
Firearms Act and the Criminal Records Spent Conditions Act are also amended. Both acts refer to the use of the National Exchange of Police Information Scheme (NEPI). The Northern Territory Police, Fire and Emergency Services has advised that NEPI has not been used for the exchange of police information since the CrimTrac agency was established on 1 July 2001. As a result, the references to NEPI in both acts are omitted and substituted with references to CrimTrac. The bill omits the phrase ‘unless the contrary intention appears’ from the definition sections of a number of acts. This is to reflect current drafting practice and to ensure consistency across the statute book. These amendments will make no change to the interpretation of acts as, currently under Section 18 of the Interpretation Act, the court will apply interpretation provisions except so far as the context or subject matter otherwise indicates requires.

All other amendments made by the bill are of a very minor nature and are generally self-explanatory. I commend the Bill to honourable members, and I table a copy of the explanatory statement.


Debate adjourned.


 


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