{"id":"C2012A00101","name":"Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012","slug":"stronger-futures-in-the-northern-territory-consequential-and-transitional-provisions-act-2012","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"101 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8416,"registerId":"commonwealth-C2012A00101-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n```html\n

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 4 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

29 June 2012

2. Schedules 1 to 5

At the same time as section 3 of the Stronger Futures in the Northern Territory Act 2012 commences.

16 July 2012

\n```\n\n> Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Schedule(s)","content":"#### 3 Schedule(s)\n\n Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n (1) In this Act:\n\n> commencement means the day Schedules 1 to 5 of this Act commence.\n\n> new Act means the Stronger Futures in the Northern Territory Act 2012.\n\n> old Act means the Northern Territory National Emergency Response Act 2007 as in force immediately before commencement.\n\n> relevant time means:\n\n (a) if, under subsection (3), the Minister determines a day that is on or after commencement but before 17 August 2012—the beginning of that day; or\n (b) otherwise—the end of 17 August 2012.\n (2) In this Act, expressions that are defined in the new Act have the same meanings as they have in that Act.\n (3) The Minister may, by legislative instrument, determine a day for the purposes of the definition of relevant time in subsection (1).\n\nSchedule 1—Repeal of the Northern Territory National Emergency Response Act 2007\n\nPart 1—Northern Territory National Emergency Response Act 2007\n\n1 The whole of the Act\n\nRepeal the Act.\n\nPart 2—Saving provisions relating to land\n\n2 Saving—if the old Act is repealed before 17 August 2012\n\n(1) This item applies if this Act commences before 17 August 2012.\n\n(2) Despite the repeal of section 3, Part 4, Part 8 and Schedule 1 to the old Act made by item 1 of this Schedule, those provisions (other than Division 2 of Part 4) continue in force, in relation to leases granted under section 31 of the old Act before the repeal, until the relevant time.\n\n3 Saving—Divisions 2 and 3 of Part 4 of the old Act and related provisions\n\nDespite the repeal of sections 3, 48, 49, 50, 51, 53, 54, 55, 56, 58, 59 and Part 8 (acquisition of rights etc. in land) of the old Act made by item 1 of this Schedule:\n\n (a) those provisions continue in force; and\n (b) any instruments made under those provisions continue in force and may be dealt with under those provisions;\n\nin relation to rights, titles and interests in land that:\n\n (c) were vested in the Commonwealth under section 47 of the old Act before commencement; or\n (d) were or are preserved under section 48 of the old Act before, on or after commencement.\n\n4 Saving—sections 60, 61, 62 and 63 of the old Act\n\nSections 60 and 61 (compensation for acquisition of property)\n\n(1) Despite the repeal of sections 60 and 61 (compensation for acquisition of property) of the old Act made by item 1 of this Schedule, those sections continue in force in relation to acquisitions of property that occurred before the relevant time.\n\nSection 62 (payment of agreed amounts or rent)\n\n(2) Despite the repeal of section 62 of the old Act made by item 1 of this Schedule, that section continues in force in relation to:\n\n (a) agreements made under that section before the relevant time; and\n (b) rent payable after the relevant time in relation to leases granted under section 31 of the old Act before the relevant time.\n\nSection 63 (appropriation)\n\n(3) Despite the repeal of section 63 of the old Act made by item 1 of this Schedule, that section continues in force in relation to amounts payable before, on or after the relevant time.\n\nPart 3—Transitional provisions relating to alcohol\n\n5 Transitioning prescribed areas to alcohol protected areas\n\n(1) If, immediately before commencement:\n\n (a) an area in the Northern Territory was a prescribed area under section 4 of the old Act; and\n (b) there was not a determination in force in relation to the area under paragraph 19(1)(b) of the old Act;\n\nthen a rule prescribing the area as an alcohol protected area is taken to have been made, on commencement, for the purposes of subsection 27(1) of the new Act.\n\n(2) The rule referred to in subitem (1) may be revoked or varied, after commencement, by a rule made for the purposes of subsection 27(2) of the new Act.\n\n6 Transitioning areas declared under section 12 of the old Act\n\n(1) If a declaration under subsection 12(8) of the old Act (about when certain defences against alcohol offences are not available) was in force immediately before commencement, then that declaration continues in force (and may be dealt with), on and after commencement, as if the instrument had been made under subsection 75D(1) of the NT Liquor Act.\n\nNote: Section 8 of the new Act includes subsection 75D(1) into the NT Liquor Act.\n\n(2) If a declaration under subsection 12(8A) of the old Act (about when certain defences against alcohol offences are available) was in force immediately before commencement, then that declaration continues in force (and may be dealt with), on and after commencement, as if the instrument had been made under subsection 75D(2) of the NT Liquor Act.\n\nNote: Section 8 of the new Act includes subsection 75D(2) into the NT Liquor Act.\n\n7 Transitioning conditions etc. on NT liquor licences\n\n(1) If a determination under subsection 13(4) of the old Act (about what is not authorised by a NT liquor licence) was in force immediately before commencement, then that determination continues in force (and may be dealt with), on and after commencement, as if the determination had been made under subsection 12(4) of the new Act.\n\n(2) If a determination under subsection 13(5) of the old Act (about the conditions on a NT liquor licence) was in force immediately before commencement, then that determination continues in force (and may be dealt with), on and after commencement, as if the determination had been made under subsection 12(5) of the new Act.\n\n8 Transitioning conditions etc. on NT liquor permits\n\n(1) If a determination under subsection 14(2) of the old Act (about what is not authorised by a NT liquor permit) was in force immediately before commencement, then that determination continues in force (and may be dealt with), on and after commencement, as if the determination had been made under subsection 13(2) of the new Act.\n\n(2) If a determination under subsection 14(3) of the old Act (about the conditions on a NT liquor permit) was in force immediately before commencement, then that determination continues in force (and may be dealt with), on and after commencement, as if the determination had been made under subsection 13(3) of the new Act.\n\nPart 4—Transitional provisions relating to community store licences\n\n9 Transitioning community store licences\n\n(1) This item applies to a community store licence (the transitioned licence) that:\n\n (a) was in force under Part 7 of the old Act immediately before commencement; and\n (b) was held in relation to a community store whose premises are located in an area that, on commencement, is in the food security area.\n\n(2) The transitioned licence continues in force (and may be dealt with), on and after commencement, as if:\n\n (a) the licence had been granted under subsection 45(1) of the new Act; and\n (b) any conditions that were imposed on the licence under section 103 of the old Act had been imposed under subsection 52(1) of the new Act.\n\n(3) For the purposes of subsection 59(1) of the new Act (about revoking community store licences):\n\n (a) a breach of a condition of the transitioned licence that occurred before commencement is to be treated as if it were a breach of a condition of the licence after commencement; and\n (b) an offence against the old Act that was committed by the owner, manager or person involved in the store before commencement is to be treated as if the offence had been committed against the new Act by that person after commencement; and\n (c) if the transitioned licence was obtained improperly under the old Act, it is to be treated as if it had been obtained improperly under the new Act.\n\n(4) If a notice under subsection 108(2) of the old Act:\n\n (a) related to a proposed decision to:\n (i) revoke the transitioned licence; or\n (ii) refuse to vary the transitioned licence; and\n (b) was in force immediately before commencement;\n\nthen the notice continues in force (and may be dealt with), on and after commencement, as if the notice had been given under subsection 60(1) of the new Act.\n\n10 Transitioning appointments of authorised officers\n\nIf an appointment under subsection 116(1) of the old Act was in force immediately before commencement in relation to an officer, the appointment continues in force (and may be dealt with), on and after commencement, as if it had been made under section 69 of the new Act in relation to the officer.\n\n11 Transitioning identity cards\n\nIf an identity card issued to an authorised officer under section 117 of the old Act was in force immediately before commencement, then the card continues in force (and may be dealt with) as if it had been issued to the officer under section 70 of the new Act.\n\nSchedule 2—Amendment of the Aboriginal Land Rights (Northern Territory) Act 1976\n\nAboriginal Land Rights (Northern Territory) Act 1976\n\n1 Subsection 3(1)\n\nInsert:\n\n> community living area has the same meaning as in the Stronger Futures in the Northern Territory Act 2012.\n\n2 Subsection 20CA(5) (definition of community living area)\n\nRepeal the definition (including the note).\n\n3 Part IIB\n\nRepeal the Part.\n\n4 After paragraph 23(1)(ea)\n\nInsert:\n\n (eb) for land that is a community living area and in the area of the Land Council—to assist the owner of the land, if requested to do so, in relation to any dealings in the land (including assistance in negotiating leases of, or other grants of interests in, the land); and\n\n5 Paragraphs 23(1)(fb), (fc) and (fd)\n\nRepeal the paragraphs.\n\n6 Subsection 33B(1)\n\nRepeal the subsection.\n\n7 Subsection 33B(3)\n\nOmit “subsection (1) or (2)”, substitute “subsection (2)”.\n\n8 Subsection 35(4)\n\nOmit “, including a payment under section 15 or 16, under a lease or licence under section 19 or 20 or in accordance with section 60 or 62 of the Northern Territory National Emergency Response Act 2007 but not including a payment under section 33A, 33B or 64 of this Act”, substitute “(including a payment under section 15 or 16 or a payment under a lease or licence under section 19 or 20, but not including a payment under section 33A, 33B or 64 of this Act)”.\n\n9 Paragraph 70(2C)(a)\n\nRepeal the paragraph, substitute:\n\n (a) the land (the relevant land) the person entered or remained on is part of land (the leased land) that is leased under section 19A; and\n\n10 Application of items 5, 8 and 9 of this Schedule\n\n(1) This item applies if this Act commences before 17 August 2012.\n\n(2) Despite the repeal of paragraphs 23(1)(fb), (fc) and (fd) of the Aboriginal Land Rights (Northern Territory) Act 1976 made by item 5 of this Schedule, those paragraphs continue in force in relation to:\n\n (a) agreements made under section 62 of the old Act before the relevant time; and\n (b) rent payable after the relevant time in relation to leases granted under section 31 of the old Act before the relevant time.\n\n(3) Despite the amendment of subsection 35(4) of the Aboriginal Land Rights (Northern Territory) Act 1976 made by item 8 of this Schedule, that subsection, as in force immediately before commencement, continues in force in relation to payments made in accordance with section 60 or 62 of the old Act.\n\n(4) Despite the amendment of paragraph 70(2C)(a) of the Aboriginal Land Rights (Northern Territory) Act 1976 made by item 9 of this Schedule, that amendment does not take effect until the relevant time.\n\n11 Paragraph 70(8)(d)\n\nOmit “paragraph; and”, substitute “paragraph.”.\n\n12 Paragraph 70(8)(e)\n\nRepeal the paragraph.\n\n13 Subsection 70E(17)\n\nRepeal the subsection.\n\n14 Subsection 70E(18)\n\nOmit “(14), (15) and (17)”, substitute “(14) and (15)”.\n\n15 Subsections 70E(19), (20) and (21)\n\nOmit “(14), (15) or (17)”, substitute “(14) or (15)”.\n\n16 Subsection 70F(14)\n\nRepeal the subsection.\n\n17 Subsection 70F(15)\n\nOmit “(11), (12) and (14)”, substitute “(11) and (12)”.\n\n18 Subsections 70F(16), (17) and (18)\n\nOmit “(11), (12) or (14)”, substitute “(11) or (12)”.\n\n19 Paragraph 71(3)(d)\n\nOmit “paragraph; and”, substitute “paragraph.”.\n\n20 Paragraph 71(3)(e)\n\nRepeal the paragraph.\n\n21 Subsection 76(1A)\n\nRepeal the subsection.\n\nSchedule 3—Amendment of the Classification (Publications, Films and Computer Games) Act 1995\n\n1 Part 10 (heading)\n\nRepeal the heading, substitute:","sortOrder":3},{"sectionNumber":"Part 10","sectionType":"part","heading":"Material prohibited in certain areas in the Northern Territory","content":"## Part 10—Material prohibited in certain areas in the Northern Territory\n\n2 Section 99 (definition of prescribed area)\n\nRepeal the definition.\n\n3 Section 99\n\nInsert:\n\n> prohibited material area means an area in the Northern Territory in relation to which a determination under subsection 100A(1) is in force.\n\n3A After section 99\n\nInsert:","sortOrder":4},{"sectionNumber":"99A","sectionType":"section","heading":"The Racial Discrimination Act is not affected","content":"#### 99A The Racial Discrimination Act is not affected\n\n This Part does not affect the operation of the Racial Discrimination Act 1975.\n\n4 Sections 100A and 100B\n\nRepeal the sections, substitute:","sortOrder":5},{"sectionNumber":"100A","sectionType":"section","heading":"Prohibited material areas","content":"#### 100A Prohibited material areas\n\n (1) The Indigenous Affairs Minister may, by legislative instrument, determine that an area in the Northern Territory is a prohibited material area.\n (2) The Indigenous Affairs Minister may, by legislative instrument, revoke or vary a determination under subsection (1).\n (3) The Indigenous Affairs Minister may make a determination under subsection (1) or (2):\n (a) on the Indigenous Affairs Minister’s own initiative; or\n (b) following a request made to the Indigenous Affairs Minister by, or on behalf of, a person who is ordinarily resident in the area to which the determination relates.\n Community consultation\n (4) Before making a determination under subsection (1) or (2) in relation to an area, the Indigenous Affairs Minister must ensure that:\n (a) information setting out:\n (i) the proposal to make the determination; and\n (ii) an explanation, in summary form, of the consequences of the making of the determination;\n has been made available in the area; and\n (b) people living in the area have been given a reasonable opportunity to make submissions to the Indigenous Affairs Minister about:\n (i) the proposal to make the determination; and\n (ii) the consequences of the making of the determination; and\n (iii) their circumstances, concerns and views, so far as they relate to the proposal.\n (5) A failure to comply with subsection (4) does not affect the validity of a determination under subsection (1) or (2).\n Criteria for making a determination\n (6) In making a determination under subsection (1) or (2) in relation to an area, the Indigenous Affairs Minister must have regard to the following matters:\n (a) the object of this Part (see section 98A);\n (b) the wellbeing of people living in the area;\n (c) whether there is reason to believe that people living in the area have been the victims of violence or sexual abuse;\n (d) the extent to which people living in the area have expressed their concerns about being at risk of violence or sexual abuse;\n (e) whether there is reason to believe that children living in the area have been exposed to prohibited material;\n (f) the extent to which people living in the area have expressed the view that their wellbeing will be improved if this Part continues to apply in relation to the area;\n (g) any submissions of the kind referred to in paragraph (4)(b);\n (h) the views of relevant law enforcement authorities;\n (i) any other matter that the Indigenous Affairs Minister considers relevant.\n (7) If:\n (a) the Indigenous Affairs Minister makes a determination under subsection (1) in relation to an area; and\n (b) under subsection (2), the Indigenous Affairs Minister:\n (i) revokes the determination; or\n (ii) varies the determination so that the area is no longer a prohibited material area;\n then this Part continues to apply in relation to that area, after the revocation or variation takes effect, in relation to things done, or omitted to be done, before the revocation or variation takes effect.\n\n5 Section 100C\n\nOmit “sections 100A and 100B”, substitute “section 100A”.\n\n6 Section 101 (heading)\n\nRepeal the heading, substitute:","sortOrder":6},{"sectionNumber":"101","sectionType":"section","heading":"Possession or control of level 1 prohibited material in prohibited material areas","content":"#### 101 Possession or control of level 1 prohibited material in prohibited material areas\n\n7 Paragraph 101(c)\n\nOmit “prescribed area”, substitute “prohibited material area”.\n\n8 Section 102 (heading)\n\nRepeal the heading, substitute:","sortOrder":7},{"sectionNumber":"102","sectionType":"section","heading":"Possession or control of level 2 prohibited material in prohibited material areas","content":"#### 102 Possession or control of level 2 prohibited material in prohibited material areas\n\n9 Paragraph 102(c)\n\nOmit “prescribed area”, substitute “prohibited material area”.\n\n10 Section 103 (heading)\n\nRepeal the heading, substitute:","sortOrder":8},{"sectionNumber":"103","sectionType":"section","heading":"Supplying prohibited material in and to prohibited material areas","content":"#### 103 Supplying prohibited material in and to prohibited material areas\n\n11 Paragraphs 103(1)(b) and (2)(b)\n\nOmit “prescribed area”, substitute “prohibited material area”.\n\n12 Subsection 103(3)\n\nOmit “prescribed area” (wherever occurring), substitute “prohibited material area”.\n\n13 Paragraph 106(a)\n\nOmit “prescribed area”, substitute “prohibited material area”.\n\n14 Sections 114 and 115\n\nRepeal the sections, substitute:","sortOrder":9},{"sectionNumber":"114","sectionType":"section","heading":"Review of operation of this Part","content":"#### 114 Review of operation of this Part\n\n (1) The Indigenous Affairs Minister must cause an independent review to be undertaken of the first 7 years of the operation of this Part.\n (2) The review must:\n (a) assess the effectiveness of the special measures provided for by this Part; and\n (b) consider any other matter specified by the Indigenous Affairs Minister.\n (3) The review must be completed, and a report must be prepared, before the end of 8 years after this Part commences.\n (4) The person undertaking the review must give the report of the review to the Indigenous Affairs Minister.\n (5) The Indigenous Affairs Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of receiving it.","sortOrder":10},{"sectionNumber":"115","sectionType":"section","heading":"Indigenous Affairs Minister may determine that provisions of this Part cease to have effect","content":"#### 115 Indigenous Affairs Minister may determine that provisions of this Part cease to have effect\n\n (1) The Indigenous Affairs Minister may, by legislative instrument, determine that some or all of the provisions of this Part cease to have effect.\n\n> Note: Under section 116, all of the provisions of this Part cease to have effect 10 years after the day section 3 of the Stronger Futures in the Northern Territory Act 2012 commences. This section allows the Indigenous Affairs Minister to determine that some or all of the provisions of this Part cease to have effect before then.\n\n (2) The Indigenous Affairs Minister may, by legislative instrument, revoke a determination under subsection (1).\n Community consultation\n (3) Before making a determination under subsection (1) or (2), the Indigenous Affairs Minister must ensure that:\n (a) information setting out:\n (i) the proposal to make the determination; and\n (ii) an explanation, in summary form, of the consequences of the making of the determination;\n has been made available to people living in prohibited material areas; and\n (b) people living in prohibited material areas have been given a reasonable opportunity to make submissions to the Indigenous Affairs Minister about:\n (i) the proposal to make the determination; and\n (ii) the consequences of making the determination; and\n (iii) their circumstances, concerns and views, so far as they relate to the proposal.\n (4) A failure to comply with subsection (3) does not affect the validity of a determination under subsection (1) or (2).\n Criteria for making a determination\n (5) In making a determination under subsection (1) or (2) in relation to an area, the Indigenous Affairs Minister must have regard to the following matters:\n (a) the object of this Part (see section 98A);\n (b) the wellbeing of people living in prohibited material areas;\n (c) whether there is reason to believe that people living in prohibited material areas have been the victims of violence or sexual abuse;\n (d) the extent to which people living in prohibited material areas have expressed their concerns about being at risk of violence or sexual abuse;\n (e) whether there is reason to believe that children living in prohibited material areas have been exposed to prohibited material;\n (f) the extent to which people living in prohibited material areas have expressed the view that their wellbeing will be improved if this Part applies;\n (g) any submissions of the kind referred to in paragraph (3)(b);\n (h) the views of relevant law enforcement authorities;\n (i) any other matter that the Indigenous Affairs Minister considers relevant.\n (6) If the Indigenous Affairs Minister makes a determination under subsection (1), then this Part continues to apply after the determination takes effect in relation to things done, or omitted to be done, before the determination takes effect.\n (7) If, under subsection (2), the Indigenous Affairs Minister revokes a determination under subsection (1), then the provisions of this Part that were specified in the determination under subsection (1) apply again after the revocation takes effect.","sortOrder":11},{"sectionNumber":"116","sectionType":"section","heading":"Sunset provision","content":"#### 116 Sunset provision\n\n This Part ceases to have effect 10 years after the day section 3 of the Stronger Futures in the Northern Territory Act 2012 commences.\n\n15 Transitioning prescribed areas to prohibited material areas\n\n(1) If, immediately before commencement:\n\n (a) an area in the Northern Territory was a prescribed area under section 4 of the old Act; and\n (b) there was not a determination in force in relation to the area under subsection 100A(1) of the Classification (Publications, Films and Computer Games) Act 1995;\n\nthen, on commencement, the Indigenous Affairs Minister is taken to have made a determination under subsection 100A(1) of the Classification (Publications, Films and Computer Games) Act 1995 that the area is a prohibited material area.\n\n(2) The determination referred to in subitem (1) may be revoked or varied, after commencement, under subsection 100A(2) of the Classification (Publications, Films and Computer Games) Act 1995.\n\n16 Application of amendments\n\nThe amendments made by this Schedule apply in relation to acts or omissions occurring on or after commencement in relation to material that was classified before, on or after commencement.\n\nSchedule 4—Amendment of the Crimes Act 1914\n\n1 Subsection 3(1)\n\nInsert:\n\n> cultural heritage has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999, and includes sacred sites.\n\n2 Subsection 3(1)\n\nInsert:\n\n> cultural heritage object means an object that is important for cultural, religious, ethnological, archaeological, historical, literary, artistic, scientific or technological reasons.\n\n3 Subsection 15AB(1)\n\nAfter “Commonwealth”, insert “or the Northern Territory”.\n\n4 After subsection 15AB(3)\n\nInsert:\n\n (3A) Paragraph (1)(b) does not apply in relation to an offence against the following:\n (a) section 22 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984;\n (b) sections 15A, 15C, 17B, 22A, 27A, 74AA, 142A, 142B, 207B, 354A, 355A and 470 of the Environment Protection and Biodiversity Conservation Act 1999;\n (c) section 48 of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986;\n (d) sections 69 and 70 of the Aboriginal Land Rights (Northern Territory) Act 1976;\n (e) section 30 of the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987;\n (f) sections 33, 34 and 35 of the Northern Territory Aboriginal Sacred Sites Act of the Northern Territory;\n (g) paragraph 33(a) of the Heritage Conservation Act of the Northern Territory;\n (h) section 4 of the Aboriginal Land Act of the Northern Territory;\n (i) sections 111, 112 and 113 of the Heritage Act of the Northern Territory;\n (j) any other law prescribed by the regulations that relates to:\n (i) entering, remaining on or damaging cultural heritage; or\n (ii) damaging or removing a cultural heritage object.\n\n5 Subsection 15AB(4)\n\nOmit “subsections (1) and (2)”, substitute “subsections (1), (2) and (3A)”.\n\n6 Section 16A (heading)\n\nRepeal the heading, substitute:","sortOrder":12},{"sectionNumber":"16A","sectionType":"section","heading":"Matters to which court to have regard when passing sentence etc.—federal offences","content":"#### 16A Matters to which court to have regard when passing sentence etc.—federal offences\n\n7 After subsection 16A(2A)\n\nInsert:\n\n (2AA) Subsection (2A) does not apply in relation to an offence against the following:\n (a) section 22 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984;\n (b) sections 15A, 15C, 17B, 22A, 27A, 74AA, 142A, 142B, 207B, 354A, 355A and 470 of the Environment Protection and Biodiversity Conservation Act 1999;\n (c) section 48 of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986;\n (d) sections 69 and 70 of the Aboriginal Land Rights (Northern Territory) Act 1976;\n (e) section 30 of the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987;\n (f) any other law prescribed by the regulations that relates to:\n (i) entering, remaining on or damaging cultural heritage; or\n (ii) damaging or removing a cultural heritage object.\n\n8 After section 16A\n\nInsert:","sortOrder":13},{"sectionNumber":"16AA","sectionType":"section","heading":"Matters to which court to have regard when passing sentence etc.—Northern Territory offences","content":"#### 16AA Matters to which court to have regard when passing sentence etc.—Northern Territory offences\n\n (1) In determining the sentence to be passed, or the order to be made, in relation to any person for an offence against a law of the Northern Territory, a court must not take into account any form of customary law or cultural practice as a reason for:\n (a) excusing, justifying, authorising, requiring or lessening the seriousness of the criminal behaviour to which the offence relates; or\n (b) aggravating the seriousness of the criminal behaviour to which the offence relates.\n (2) Subsection (1) does not apply in relation to an offence against the following:\n (a) sections 33, 34 and 35 of the Northern Territory Aboriginal Sacred Sites Act of the Northern Territory;\n (b) paragraph 33(a) of the Heritage Conservation Act of the Northern Territory;\n (c) section 4 of the Aboriginal Land Act of the Northern Territory;\n (d) sections 111, 112 and 113 of the Heritage Act of the Northern Territory;\n (e) any other law prescribed by the regulations that relates to:\n (i) entering, remaining on or damaging cultural heritage; or\n (ii) damaging or removing a cultural heritage object.\n (3) In subsection (1):\n\n> criminal behaviour includes:\n\n (a) any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and\n (b) any fault element relating to such a physical element.\n\n9 Application of amendments\n\n(1) The amendments made by items 1, 2, 3, 4 and 5 of this Schedule apply to a proceeding relating to bail that:\n\n (a) is initiated on or after commencement; and\n (b) is not an appeal against a decision of a bail authority that was made before commencement.\n\n(2) The amendments made by items 1, 2, 7 and 8 of this Schedule apply to a proceeding relating to sentencing that:\n\n (a) is initiated on or after commencement; and\n (b) is not an appeal against a sentence that was imposed before commencement.\n\nSchedule 5—Amendment of other Acts\n\nSocial Security (Administration) Act 1999\n\n1 Subsections 123YE(2), 123YF(2), 123YI(2) and 123YJ(2) (note)\n\nRepeal the note.\n\n2 Subsection 123ZH(2) (second note)\n\nRepeal the note.","sortOrder":14}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act goes beyond a simple technical transition. While presented as consequential and transitional machinery, it introduces substantive new measures — including new sentencing restrictions prohibiting courts from considering customary law or cultural practices for NT offences, a new community consultation framework for prohibited material areas, and a new ministerial power to remove or restore publication restrictions. These are policy changes in their own right, not merely housekeeping. The bail and sentencing amendments in Schedule 4 in particular represent a significant expansion beyond what a purely transitional Act would contain."},"complexity_factors":["Multiple interlocking Acts being amended simultaneously (at least 5 separate pieces of legislation)","Complex temporal provisions — some rules apply before 17 August 2012, some after, with a Ministerial discretion to alter the 'relevant time'","Saving provisions that preserve repealed law in specific circumstances, creating parallel legal regimes during transition","Cross-references between old Act provisions and new Act provisions requiring readers to consult both to understand the full effect","Consequential amendments cascade through Aboriginal land rights, classification, criminal procedure and social security law","Sunset clauses and review mechanisms with different timeframes across different schedules","Ministerial determination powers that can shift key dates and thresholds, creating uncertainty about which rules apply when","Politically and legally contentious provisions (customary law sentencing, racial discrimination carve-outs) that interact with broader constitutional and human rights frameworks","Community consultation requirements that are legally required but explicitly non-invalidating (failure to consult doesn't void the decision)"],"plain_english_summary":"## What This Law Does\n\nThis Act is the legal \"cleanup crew\" for a major policy shift in the Northern Territory. It manages the transition from the old **Northern Territory National Emergency Response Act 2007** (commonly known as the \"NT Intervention\") to the new **Stronger Futures in the Northern Territory Act 2012**.\n\n### Who Does This Affect?\n\nThis law primarily affects:\n- **Aboriginal and Torres Strait Islander communities** in the Northern Territory\n- **Community store owners and operators** in NT remote communities\n- **Landholders** with interests in NT Aboriginal land\n- **Courts** dealing with NT criminal matters\n- **People living in areas** subject to alcohol restrictions or restrictions on certain publications/films\n\n### What Does It Actually Do?\n\n**1. Repeals the Old Intervention Law**\nIt formally scraps the 2007 Emergency Response Act, but does so carefully — many of the old rules keep working temporarily so nothing falls through the cracks.\n\n**2. Saves Existing Land Arrangements**\nLeases and land rights that were set up under the old Act keep operating after the repeal, protecting people who already had rights or obligations under those arrangements. Compensation rights for land taken by the Commonwealth are also preserved.\n\n**3. Transitions Alcohol Restrictions**\nAreas that were \"prescribed\" (subject to alcohol bans) under the old Act automatically become \"alcohol protected areas\" under the new Act. Existing licence conditions and permits carry over without anyone needing to reapply.\n\n**4. Transitions Community Store Licences**\nStores that had licences under the old law automatically have licences under the new law. Past breaches of conditions can still be used as grounds to revoke a licence.\n\n**5. Changes Rules on Prohibited Publications/Films**\nRenames \"prescribed areas\" to \"prohibited material areas\" (where certain adult content is banned). The Minister must now consult communities before designating or removing these areas, and must consider community wellbeing and safety. This part of the law automatically expires 10 years after the Stronger Futures Act starts.\n\n**6. Changes Bail and Sentencing Rules for NT Offences**\nCourts dealing with Northern Territory criminal matters **cannot** use Aboriginal customary law or cultural practices as a reason to make an offence seem more or less serious — except for specific heritage protection laws (like sacred sites laws). This is a significant and controversial change to how NT courts operate.\n\n**7. Amends Aboriginal Land Rights Act**\nUpdates the Aboriginal Land Rights Act to reflect the new framework, including changing how Land Councils help with community living area land dealings.\n\n### Why Does It Matter?\n\nThis is one of the most significant pieces of legislation affecting NT Aboriginal communities in recent decades. It extends many Intervention-era measures in new legal clothing, while adding community consultation requirements. The sentencing provisions are particularly notable — they limit a court's ability to consider cultural context when sentencing, which critics argue conflicts with principles of equal justice."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"Schedule 3, item 4, subsection 100A(5)","severity":"high","reasoning":"Section 100A(4) imposes a mandatory obligation on the Indigenous Affairs Minister to consult with communities before making a determination about prohibited material areas, including providing information and giving people a reasonable opportunity to make submissions. However, section 100A(5) expressly states that a failure to comply with subsection (4) does not affect the validity of a determination. This renders the consultation requirement a legal nullity — the Minister 'must' consult but faces zero legal consequence for not doing so, and the determination remains fully valid regardless. The word 'must' is stripped of all operative force.","confidence":0.95,"description":"Mandatory community consultation rendered legally meaningless"},{"type":"self_contradicting","section":"Schedule 3, item 4, subsection 115(4)","severity":"high","reasoning":"Section 115(3) mandates community consultation before the Minister determines that provisions of Part 10 cease to have effect or revokes such a determination. Section 115(4) then provides that failure to comply with subsection (3) does not affect the validity of the determination. This is the same structural absurdity as in s100A(5) — a mandatory obligation that imposes no actual obligation because non-compliance has no consequence. This pattern appears deliberately included but is logically incoherent as a matter of legislative drafting: if the legislature wished consultation to be meaningful, it cannot simultaneously immunise non-compliance.","confidence":0.95,"description":"Mandatory consultation requirement for ceasing prohibitions also rendered meaningless"},{"type":"other","section":"Schedule 3, item 4, subsection 100A(7)","severity":"medium","reasoning":"Section 100A(7) provides that after a prohibited material area determination is revoked or varied, Part 10 continues to apply in relation to things 'done, or omitted to be done, before the revocation or variation takes effect.' This means that after an area ceases to be a prohibited material area, the law continues to govern conduct in that area for past acts or omissions. While this may be a saving provision, an 'omission to act' in a former prohibited area that was never a criminal offence in the first place could theoretically be caught — the concept of a continuing omission straddling the revocation date creates genuine compliance uncertainty.","confidence":0.65,"description":"Part continues to apply after revocation in relation to past acts — creating retrospective phantom prohibitions"},{"type":"other","section":"Schedule 3, item 4, section 114","severity":"low","reasoning":"Section 114 requires an independent review of the first 7 years of operation to be completed before the end of 8 years. Section 116 sunsets the entire Part 10 after 10 years. This gives only a 2-year window between completion of the review and automatic sunset. Given tabling requirements (15 sitting days under s114(5)) and the legislative process needed to respond, there is practically no time for Parliament to act on review findings before the Part expires. The review is structurally set up to be informative but functionally inert.","confidence":0.7,"description":"Review of 'first 7 years' must be completed before end of 8 years but Part sunsets after 10 years — compressed review window with no mechanism to act on findings"},{"type":"other","section":"Schedule 1, item 2, subitem (1)","severity":"low","reasoning":"Item 2(1) states 'This item applies if this Act commences before 17 August 2012.' The commencement table in section 2 records that Schedules 1–5 commenced on 16 July 2012. The condition is therefore always true and the 'if' qualifier serves no legal function — the saving provision unconditionally applies. This creates minor interpretive confusion about legislative intent and whether the drafter envisaged a scenario where commencement could occur after 17 August 2012.","confidence":0.75,"description":"Saving provision applies only if Act commences before 17 August 2012, but commencement was 16 July 2012 — the conditional is always satisfied, making the condition surplusage"},{"type":"other","section":"Schedule 1, item 3","severity":"medium","reasoning":"Item 3(d) saves the repealed provisions of the old Act in relation to rights that 'were or are preserved under section 48 of the old Act before, on or after commencement.' The phrase 'or after commencement' is paradoxical: section 48 of the old Act is being repealed by item 1 of the same Schedule. How can rights be preserved under a section that no longer exists after commencement? The saving provision in item 3 itself keeps s48 alive, but s48 can only preserve rights if it is in force — creating a circular dependency where the saving provision must itself be read as keeping s48 operative so that s48 can preserve rights that then trigger the saving provision.","confidence":0.72,"description":"Saving provision preserves sections 'on or after commencement' for rights preserved under the old Act — potentially indefinite continuation of repealed law"},{"type":"impossible_compliance","section":"Schedule 4, items 6 and 7 (new section 16AA)","severity":"medium","reasoning":"New section 16AA directs courts not to consider customary law or cultural practice when sentencing for Northern Territory offences. Section 16A already addresses federal offences. The interaction between these provisions and the NT's own sentencing laws (which may themselves require consideration of certain factors) creates a potential conflict where a court sentencing for an NT offence must simultaneously comply with NT sentencing legislation that may require consideration of background and circumstances, and this federal provision prohibiting customary law considerations. The prohibition on considering customary law as a reason for 'lessening the seriousness' could conflict with standard mitigating factors analysis.","confidence":0.6,"description":"Federal court prohibited from considering customary law for NT offences — raises jurisdictional absurdity"}],"contradictions":[{"severity":"high","section_a":"Schedule 3, item 4, subsection 100A(4) ('must ensure... community consultation')","section_b":"Schedule 3, item 4, subsection 100A(5) ('failure to comply does not affect validity')","confidence":0.95,"description":"The mandatory duty to consult is directly contradicted by the provision that non-compliance with that duty has no legal effect, rendering the duty illusory."},{"severity":"high","section_a":"Schedule 3, item 4, subsection 115(3) ('must ensure... community consultation before determining provisions cease')","section_b":"Schedule 3, item 4, subsection 115(4) ('failure to comply does not affect validity')","confidence":0.95,"description":"Same mandatory/no-consequence contradiction as in s100A(4)/(5), applied to the Minister's power to extinguish the prohibited material area scheme. The obligation to consult is expressly imposed and simultaneously deprived of any enforcement mechanism."},{"severity":"medium","section_a":"Schedule 1, item 1 (whole Act repealed)","section_b":"Schedule 1, item 3(d) (rights preserved under s48 of old Act 'on or after commencement')","confidence":0.72,"description":"Item 1 repeals the entire old Act. Item 3(d) saves provisions for rights preserved under s48 of the old Act 'on or after commencement.' Once the Act is repealed, s48 cannot operate to preserve new rights. The saving of rights arising 'after commencement' under a repealed section is internally contradictory — it purports to preserve the operation of a section that simultaneously ceases to exist."},{"severity":"low","section_a":"Schedule 2, item 2 (repeal of definition of 'community living area' in s20CA(5) of ALRNT Act 1976)","section_b":"Schedule 2, item 1 (insert definition of 'community living area' referring to Stronger Futures Act 2012)","confidence":0.55,"description":"While not strictly contradictory as items 1 and 2 work together (replace one definition with a cross-reference), if the Stronger Futures in the Northern Territory Act 2012 itself is later amended or its definition changed, the Aboriginal Land Rights Act definition automatically changes by cross-reference without any amendment to that Act. This creates a potential for unintended definitional drift, particularly given that item 3 also repeals Part IIB of the ALRNT Act in its entirety, which may have contained provisions that gave content to the original definition."},{"severity":"medium","section_a":"Schedule 3, item 4, section 115 (Minister may determine provisions cease to have effect)","section_b":"Schedule 3, item 4, section 116 (sunset — Part ceases to have effect 10 years after commencement of s3 of Stronger Futures Act)","confidence":0.78,"description":"Section 115(2) allows the Minister to revoke a determination that provisions have ceased to have effect, thereby reviving those provisions. However, if the sunset in section 116 has already operated, the provisions have ceased to have effect by legislative force — not by ministerial determination under s115(1). The Minister's revival power under s115(2) cannot logically revoke a sunset that was not created by a determination under s115(1). This creates a potential gap where provisions extinguished by the sunset cannot be revived even if the Minister purports to revoke an earlier cessation determination."},{"severity":"medium","section_a":"Schedule 4, item 4 (new subsection 15AB(3A) — customary law and bail — list of exempted offences)","section_b":"Schedule 4, item 7 (new subsection 16A(2AA) — customary law and sentencing — list of exempted offences)","confidence":0.82,"description":"The list of offences exempted from the ban on considering customary law at the bail stage (s15AB(3A)) differs from the list exempted at the sentencing stage (s16A(2AA)). Notably, s15AB(3A) includes NT laws (ss33/34/35 Northern Territory Aboriginal Sacred Sites Act; Heritage Conservation Act; Aboriginal Land Act; Heritage Act) whereas s16A(2AA) also includes those NT laws but omits s48 of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986 and ss69-70 of the Aboriginal Land Rights (NT) Act 1976 which appear in s15AB(3A). The asymmetry means customary law can be considered at bail for some offences but not at sentencing, and vice versa, creating inconsistent treatment of the same conduct at different procedural stages."}]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: consequential and transitional provisions for the shift from the NT Intervention to Stronger Futures. While it touches multiple Acts (Land Rights, Crimes, Classification, Social Security), each amendment directly supports the transition or implements specific policy commitments from the original Stronger Futures package (such as the customary law sentencing restrictions). There is no significant scope creep beyond the machinery of transitioning between the two legislative regimes."},"complexity_factors":["Heavy cross-referencing between three main Acts (old NTNER Act 2007, new Stronger Futures Act 2012, and amended Acts like Land Rights Act 1976)","Multiple transitional mechanisms with time-bound triggers (e.g., 'relevant time' defined as potentially 17 August 2012 or Minister-determined earlier date)","Nested saving provisions that keep repealed laws alive for specific purposes (e.g., land leases, compensation, rent payments)","Conditional logic for transitioning regulatory instruments (licences, determinations, declarations) from old Act to new Act","Schedule 3 amendments involve complex Ministerial discretion with mandatory but non-binding consultation requirements","Schedule 4 creates parallel sentencing regimes for federal vs NT offences with extensive exception lists","19 defined terms in section 4 alone, plus inherited definitions from the 'new Act'"],"plain_english_summary":"This Act is the 'cleanup crew' for a major overhaul of laws affecting Indigenous communities in the Northern Territory. It does three main things:\n\n**1. Repeals the 'Intervention' laws**\n- It scraps the *Northern Territory National Emergency Response Act 2007* (the controversial 'NT Intervention' laws), but keeps some parts running temporarily to avoid chaos.\n- Land leases and compensation rights granted under the old laws continue until properly wound up.\n\n**2. Transitions to new 'Stronger Futures' laws**\n- It smooths the switch from the old emergency laws to the new *Stronger Futures in the Northern Territory Act 2012*.\n- **Alcohol restrictions**: Areas that were 'prescribed areas' under the old laws automatically become 'alcohol protected areas' under the new laws. Existing alcohol bans and licence conditions roll over.\n- **Pornography restrictions**: Similarly, 'prescribed areas' become 'prohibited material areas' where certain explicit material is banned. The Minister can add or remove areas based on community consultation and safety concerns.\n- **Community stores**: Licences for stores in remote communities continue under the new system.\n\n**3. Amends other laws**\n- **Land Rights Act**: Removes special provisions that allowed the Commonwealth to compulsorily acquire land rights, and cleans up related payment mechanisms.\n- **Crimes Act**: Clarifies that Northern Territory courts cannot use 'customary law' (traditional Indigenous law) to excuse or reduce sentences for crimes, except for specific heritage protection offences. This applies to bail decisions too.\n- **Social Security Act**: Removes outdated notes about the old intervention laws.\n\n**Why it matters**: This Act represents the formal end of the controversial 2007 'NT Intervention' and its replacement with the 'Stronger Futures' framework. It tries to maintain some protective measures (alcohol bans, pornography restrictions) while winding back the most extreme emergency powers, particularly around land acquisition. It also entrenches the restriction on using customary law in sentencing, which was a controversial feature of the original intervention."}},"importantCases":[],"_links":{"self":"/api/acts/stronger-futures-in-the-northern-territory-consequential-and-transitional-provisions-act-2012","history":"/api/acts/stronger-futures-in-the-northern-territory-consequential-and-transitional-provisions-act-2012/history","analysis":"/api/acts/stronger-futures-in-the-northern-territory-consequential-and-transitional-provisions-act-2012/analysis","conflicts":"/api/acts/stronger-futures-in-the-northern-territory-consequential-and-transitional-provisions-act-2012/conflicts","importantCases":"/api/acts/stronger-futures-in-the-northern-territory-consequential-and-transitional-provisions-act-2012/important-cases","documents":"/api/acts/stronger-futures-in-the-northern-territory-consequential-and-transitional-provisions-act-2012/documents"}}