Northern Territory Numbered Acts Northern Territory Numbered Acts____________________
Table of provisions
112 False
distress
signals
115B Person
not to obstruct or endanger safe
passage
188CA Exemption
from closed waters for police officers
7B Approvals
121 Protection
from
liability
4D Excluded
vehicles
40C Direction
to pay prior costs and remove vessel, hull or
hulk
10 Disqualifying
offences
12 Protection
from
liability
16 Consumption
of
food
28A Power
to issue banning notice
28B Requirements before giving banning notice
28C Contents of banning notice
28D Effect of banning notice
28E Variation or revocation of banning notice
28F Offence
to contravene banning
notice
30A Application
for additional analysis of oral fluid
sample
33A Analysts
10A Powers of Registrar
10B Exemption
of persons or
vehicles
19C Authorised
analyst
19D Previous
offences for determining second or subsequent
offence
30B Careless
driving
51 Offences
51A Protection
from liability
Part
X Transitional matters
for Transport Legislation Amendment Act 2022
61 Definition
62 Validation of authorised analysts
63 Validation of authorised persons
92 Regulatory
offences
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. 1 of 2022
____________________
[Assented to 1 March 2022]
[Introduced 1 December 2021]
titleThis Act may be cited as the Transport Legislation Amendment Act 2022.
(1) Subject to subsection (2), this Act commences on the day fixed by the Administrator by Gazette notice.
(2) If a provision of this Act does not commence before 1 November 2023, it commences on that day.
This Part amends the Criminal Code.
After section 174F(5)
insert
(6) The trier of fact may find the person not guilty of an offence against subsection (1) but guilty of an offence against section 30B(1) of the Traffic Act 1987 if the trier of fact:
(a) is not satisfied beyond reasonable doubt that the person committed the offence against subsection (1); and
(b) is satisfied beyond reasonable doubt that the person committed an offence against section 30B(1) of the Traffic Act 1987.
(7) The trier of fact may find the person not guilty of an offence against subsection (2) but guilty of an offence against section 30B(2) of the Traffic Act 1987 if the trier of fact:
(a) is not satisfied beyond reasonable doubt that the person committed the offence against subsection (2); and
(b) is satisfied beyond reasonable doubt that the person committed an offence against section 30B(2) of the Traffic Act 1987.
This Part amends the Marine Act 1981.
(1) Section 8(3)
omit
all words from "Where" to "being"
insert
If a shipping inspector is required to report under subsection (2) or believes on reasonable grounds that a vessel was used, is being used or is about to be
(2) Section 8(3)(b) and (6)
omit
his or her
insert
the shipping inspector's
Section 108
repeal
Section 112
repeal, insert
(1) A person must not use or exhibit a distress signal unless a vessel or a person is in distress and requires assistance.
(2) A person commits an offence if:
(a) the person uses or exhibits, or causes to be used or exhibited, a distress signal; and
(b) neither a vessel nor any person are in distress or require assistance when the person engages in the conduct specified in paragraph (a); and
(c) the person had no reasonable cause for engaging in the conduct specified in paragraph (a).
Maximum penalty: 50 penalty units.
(3) A person commits an offence if:
(a) the person uses or makes, or causes to be used or made, a signal; and
(b) the signal is likely to be interpreted as a distress signal; and
(c) neither a vessel nor any person are in distress or require assistance when the person engages in the conduct specified in paragraph (a); and
(d) the person had no reasonable cause for engaging in the conduct specified in paragraph (a).
Maximum penalty: 50 penalty units.
(4) An offence against subsection (2) or (3) is an offence of strict liability.
(5) To avoid doubt, this section applies to conduct whether it occurs on water or land.
(6) In this section:
distress signal means:
(a) an emergency position indicating radio beacon (EPIRB); or
(b) any signal specified as indicating distress in the Uniform Shipping Laws Code, Annex IV, item 1.
Section 115B
repeal, insert
(1) A person commits an offence if:
(a) the person engages in conduct; and
(b) the conduct results in any of the following:
(i) the unreasonable obstruction or likely unreasonable obstruction of the passage of a vessel;
(ii) the unreasonable hindrance or likely unreasonable hindrance of the passage of a vessel;
(iii) the endangerment or likely endangerment of the safe passage of a vessel.
Maximum penalty: 100 penalty units or imprisonment for 1 year.
(2) An offence against subsection (1) is an offence of strict liability.
After section 188C
insert
(1) A police officer acting in the course of the officer's duties may enter waters closed under section 188B or 188C if:
(a) the officer believes on reasonable grounds that it is necessary to do so; and
(b) the officer takes reasonable care when doing so.
(2) A police officer who enters closed waters in accordance with subsection (1) does not commit an offence against section 188B(3) or 188C(3) in respect of those waters.
This Division amends the Motor Vehicles Act 1949.
(1) Section 5(1), definitions motor car, motor cycle, motor vehicle and powered cycle
omit
(2) Section 5(1)
insert
motor cycle does not include any vehicle excluded by regulation.
motor vehicle means any vehicle for use on land that is designed to be wholly or partly self-propelled and includes any trailer attached to it, but does not include any vehicle excluded by regulation.
After section 7A, in Part 1
insert
(1) The Minister may, in writing, approve devices, methods and other matters for the purposes of this Act.
(2) The Registrar may, in writing, approve forms, devices, vehicles, persons, matters and things for the purposes of this Act.
Section 33Y
repeal
Section 121
repeal, insert
(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as any of the following:
(a) the Registrar;
(b) a Deputy Registrar;
(d) an inspector or officer who is a public sector employee.
(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.
(3) In this section:
exercise of a power includes the purported exercise of the power.
performance of a function includes the purported performance of the function.
16 Section 137E amended (Information sharing)
After section 137E(2)
insert
(3) The Minister may, by Gazette notice, authorise the Registrar to share information, of a type or class specified in the notice and held by the Registrar, with the person, body or entity specified in the notice.
(4) Despite anything to the contrary in the Information Act 2002, the Registrar may be authorised to share information under subsection (3) that would be considered personal and confidential information under that Act.
(5) The Registrar may share or give prescribed information to a prescribed person or class of persons in accordance with the regulations.
This Division amends the Motor Vehicles Regulations 1977.
After regulation 4C
insert
For section 5(1) of the Act, definitions motor cycle and motor vehicle, the following vehicles are excluded:
(a) a motorised wheelchair that is not capable of travelling at a speed greater than 10 km/h;
(b) a motorised scooter as defined in rule 244A(1) of the Australian Road Rules;
(c) a bicycle that is designed to be propelled by pedals and an engine, motor or other device with a power output not exceeding 200 W;
(d) a bicycle that meets European product safety standard EN 15194, published in 2009 and amended in 2011, entitled Cycles - Electrically power assisted cycles - EPAC bicycle;
(e) a vehicle that is used on a railway.
This Part amends the Ports Management Act 2015.
After section 40B
insert
(1) The port operator, or regional harbourmaster, of a designated port may give a direction to take action specified under subsection (2) if:
(a) a direction was made under section 40A or 40B in relation to a vessel, hull or hulk; and
(b) in the case of the port operator – action was taken under section 40A(6)(a) or (8)(a); and
(c) in the case of the regional harbourmaster – action was taken under section 40B(6)(a) or (8)(a).
(2) The direction may require the following actions:
(a) payment of the reasonable costs associated with the prior action taken under section 40A(6)(a) or (8)(a) or 40B(6)(a) or (8)(a);
(b) removal of the vessel, hull or hulk to a place outside the port or a specified place inside the port.
(3) The direction must include the following:
(a) the day by which the direction must be complied with;
(b) a warning that action may be taken under subsection (5) and that the owner, master and occupier of the vessel, hull or hulk may be liable to pay the reasonable costs of that action.
(4) The direction must:
(a) be given orally to any person apparently in control of the vessel, hull or hulk; and
(b) be given, in writing, to the owner, master and occupier of the vessel, hull or hulk, if known; and
(c) be published on the website of the port operator or regional harbourmaster, as the case may be.
(5) If the direction is not complied with by the day specified in the direction, the port operator or regional harbourmaster may:
(a) move the vessel, hull or hulk to a place outside the port or a specified place inside the port; or
(b) sell the vessel, hull or hulk; or
(c) dispose of, other than by sale, or destroy the vessel, hull or hulk if:
(i) if it is unseaworthy; and
(ii) the cost of repairing it to make it seaworthy, or the cost of its storage and sale, exceeds its value.
(6) Before selling, disposing or destroying the vessel, hull or hulk, written notice must be given to the following persons of the proposed sale, disposal or destruction 28 days in advance:
(a) the owner, master and occupier of the vessel, hull or hulk, if known;
(b) any person with a registered interest in the vessel, hull or hulk;
(c) any other person with an interest in the vessel, hull or hulk, if known.
(7) The notice under subsection (6) must also be:
(a) published on the website of the port operator or regional harbourmaster, as the case may be; and
(b) affixed in a prominent position on the deck of the vessel, hull or hulk.
(8) The owner, master and occupier of the vessel, hull or hulk are, jointly and severally liable to pay all reasonable costs incurred by the port operator or regional harbourmaster for taking any action under subsection (5).
(9) The reasonable costs that a person is liable to pay under subsection (8) may be recovered as a debt due and payable to:
(a) the port operator; or
(b) in the case of action by regional harbourmaster – the Territory.
21 Section 44 amended (Sale of vessel or wreck by port operator)
Section 44(1), after "section"
insert
40C,
22 Section 44A amended (Sale of vessel or wreck by regional harbourmaster)
Section 44A(1), after "section"
insert
40C or
This Part amends the Public Transport (Passenger Safety) Act 2008.
(1) Section 3, definitions bus station, ex officio transit officer, inspector, relevant offence and route service
omit
(2) Section 3
insert
banning notice means a notice issued under section 28A.
bus means a bus that carries passengers on a route service.
bus station includes a bus interchange.
bus stop means any of the following:
(a) if there is a bus zone – the area between the bus zone and the boundary of the land adjacent to the bus zone (including any paths in that area);
(b) if there is no bus zone but there is a sign indicating a bus stop – the area between the curb, or the edge of the road, and the boundary of the land adjacent to the road that extends 15 m in either direction;
(c) if there is no bus zone and no sign indicating a bus stop – any area beside a road, when a bus stops to pick up or let off a passenger, and the boundary of the land adjacent to the road that extends 10 m from the end of the bus to 10 m from the front of the bus.
Note for definition bus stop, paragraph (c)
This bus stop only exists while the bus is stopped to pick up or let off a passenger along the road.
ex officio transit officer means a person who is a transit officer by virtue of the person's office or position under section 7(1).
relevant offence means the following:
(a) an offence committed on a bus, at a bus stop, at a bus station or in a bus zone;
(b) an offence referred to in section 4(1).
route service means the service of providing, under contract with the Territory, a bus to carry prospective passengers along a specific route at specific times.
transit safety vehicle means a vehicle marked as a transit safety vehicle and used by transit officers under this Act.
Section 4(1)
omit, insert
(1) Each of the following offences is an offence warranting arrest:
(a) an offence against section 47, 47AA, 47A or 50 of the Summary Offences Act 1923 if committed on a bus, at a bus stop, at a bus station or in a bus zone;
(b) an offence against section 5, 7 or 8 of the Trespass Act 1987 if committed on a bus, at a bus stop, at a bus station or in a bus zone;
(c) an offence against section 241 of the Criminal Code, or an attempt to commit that offence, in relation to a bus stop, a bus station, a bus or a transit safety vehicle;
(d) any offence against the Criminal Code involving an assault if:
(i) committed on a bus, at a bus stop, at a bus station or in a bus zone; or
(ii) committed against a person on a bus, at a bus stop, at a bus station or in a bus zone; or
(iii) committed in the vicinity of a bus, a bus stop, at a bus station or in a bus zone against a transit officer exercising a power under this Act.
(1) Section 7(1)(b)
omit, insert
(b) a security officer who:
(i) holds a licence or provisional licence as a security officer under the Private Security Act 1995; and
(ii) is engaged by a security firm that is licensed under that Act and engaged by the Territory to carry out the functions of a security officer on buses, at bus stops, at bus stations or in bus zones;
(2) Section 7(2)(a)
omit
an inspector
insert
a security officer
(3) Section 7(2)(c)
omit, insert
(c) an ex officio transit officer who is found guilty of a disqualifying offence ceases to hold office as a transit officer.
Section 10
repeal, insert
(1) If a transit officer is charged with, or found guilty of, a disqualifying offence, the transit officer must report that fact to the Director as soon as practicable.
(2) The Director may suspend any transit officer who is charged with a disqualifying offence while the charge is being dealt with by a court.
(3) The Director must revoke the appointment of a transit officer, other than an ex officio transit officer, who is found guilty of a disqualifying offence.
(4) A transit officer commits an offence if the officer fails to comply with subsection (1).
Maximum penalty: 100 penalty units.
(5) An offence against subsection (4) is an offence of strict liability.
(1) Section 11(1), after "officer"
insert
, other than an ex officio transit officer who is a member of the Police Force,
(2) Section 11(2), after "officer"
insert
, other than an ex officio transit officer,
(3) Section 11(3), after "officer"
insert
, other than a member of the Police Force,
Section 12
repeal, insert
(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a functioof Act
This Act is repealed on the day after it
commences.