17Definitions

17 Definitions In an Act: Act means an Act passed by the Legislative Assembly and assented to under the Northern Territory (Self-Government) Act 1978 (Cth), and includes: (a) a Territory Ordinance; and (b) an Ordinance or Act of South Australia in its application to the Territory; and (c) a part of an Act. Acting Administrator means a person appointed under the Northern Territory (Self-Government) Act 1978 (Cth) to act in the office of Administrator. ADI means an authorised deposit-taking institution as defined in section 5(1) of the Banking Act 1959 (Cth). Interpretation Act 1978 7 Administrative Arrangements Order means an Administrative Arrangements Order made under section 35 and notified under section 36. Administrator means the Administrator of the Territory, and includes an acting Administrator. adult means an individual who is at least 18 years old. affidavit means an affidavit made in accordance with the Oaths, Affidavits and Declarations Act 2010. Agency has the meaning in section 18A(1). appropriation, see section 3(1) of the Financial Management Act 1995. ASIC means the Australian Securities and Investments Commission continued in existence under the ASIC Act. ASIC Act means the Australian Securities and Investments Commission Act 2001 (Cth). Associate Judge means an Associate Judge as defined in section 9(1) of the Supreme Court Act 1979. Attorney-General has the same meaning as in section 7 of the Law Officers Act 1978. Auditor-General has the same meaning as in the Audit Act 1995. Australian Crime Commission means the Australian Crime Commission established by section 7 of the Australian Crime Commission Act 2002 (Cth). bank means an ADI that is permitted under the Banking Act 1959 (Cth) to assume or use: (a) the word bank, banker or banking; or (b) any other word (whether or not in English) that is of like import to a word mentioned in paragraph (a). bank cheque or banker's cheque means a cheque that an ADI draws on itself. building society means an ADI that is permitted under the Banking Act 1959 (Cth) to assume or use: (a) the expression building society; or Interpretation Act 1978 8 (b) any other expression (whether or not in English) that is of like import to the expression mentioned in paragraph (a). business day means a day other than: (a) a Saturday or Sunday; or (b) a day that is a public holiday in the place in which any relevant act is to be done or may be done (other than a public holiday that is part of a day). calendar month means a period commencing at the beginning of any day of a named month and ending: (a) at the end of the day before the corresponding day of the next named month; or (b) if there is no such corresponding day – at the end of the next named month. calendar year means the year commencing on 1 January. Central Holding Authority means the Central Holding Authority established under the Financial Management Act 1995. Chief Health Officer, see section 4 of the Public and Environmental Health Act 2011. Chief Judge, see section 3 of the Local Court Act 2015. Chief Justice, see section 9(1) of the Supreme Court Act 1979. Civil and Administrative Tribunal means the Northern Territory Civil and Administrative Tribunal established under the Northern Territory Civil and Administrative Tribunal Act 2014. Commissioner of Correctional Services means the person holding or occupying the office of Commissioner of Correctional Services mentioned in section 17 of the Correctional Services Act 2014. Commissioner of Police means the Commissioner of Police appointed or holding office under the Police Administration Act 1978. commissioner for oaths, see section 3 of the Oaths, Affidavits and Declarations Act 2010. Interpretation Act 1978 9 committed for trial, in relation to a person, means: (a) committed into the custody of the Commissioner of Correctional Services, or the Chief Executive Officer (as defined in section 19 of the Public Sector Employment and Management Act 1993) of the Agency responsible for youth justice, with a view to being tried before a judge and jury; or (b) granted bail under the Bail Act 1982 to appear and be tried before a judge and jury. Commonwealth means the Commonwealth of Australia. Commonwealth Act means an Act passed by the Parliament of the Commonwealth. Consolidated Revenue Account means the Central Holding Authority. contravene includes fail to comply with. Corporations Act 2001 means the Corporations Act 2001 (Cth). court of competent jurisdiction means a court or tribunal having jurisdiction to hear and determine the legal proceeding mentioned in the Act in which the expression occurs. credit union has the same meaning as in section 47 of the Financial Sector Reform (Northern Territory) Act 1999. Criminal Code means the Criminal Code Act 1983, Schedule I. de facto partner has the meaning in section 19A(3). de facto relationship has the meaning in section 19A(3). department means a department of the Public Service of the document includes: (a) any of, or part of any of, the following things: (i) paper or other material on which there is writing; (ii) a map, plan, drawing or photograph; (iii) paper or other material on which there are marks, figures, symbols or perforations having a meaning for persons qualified to interpret them; Interpretation Act 1978 10 (iv) an article or any material from which sounds, images or writings are capable of being reproduced with or without the aid of another article or device; (v) an article on which information has been stored or recorded, either mechanically or electronically; (vi) any other record or information; and (b) a copy, reproduction or duplicate, or part of a copy, reproduction or duplicate, of a thing mentioned in paragraph (a). Electoral Commission means the Northern Territory Electoral Commission established by the Electoral Act 2004. Electoral Commissioner means the person holding or occupying the office of Electoral Commissioner established by section 314 of the Electoral Act 2004. estate includes any estate or interest, charge, right, title, claim, demand, lien or encumbrance at law or in equity. Executive Council means the Executive Council of the Territory as established under section 33 of the Northern Territory (Self- Government) Act 1978 (Cth). external territory means a Territory, other than the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory, for the government of which as a Territory provision is made by a Commonwealth Act. Family Court means the Federal Circuit and Family Court of Australia (Division 1) under the Federal Circuit and Family Court of Australia Act 2021 (Cth). Federal Circuit Court means the Federal Circuit and Family Court of Australia (Division 2) under the Federal Circuit and Family Court of Australia Act 2021 (Cth). Federal Circuit Court and Family Court of Australia, see section 7(1) of the Federal Circuit and Family Court of Australia Act 2021 (Cth). Federal Court means the Federal Court of Australia created by section 5 of the Federal Court of Australia Act 1976 (Cth). financial year means the year ending on 30 June. Interpretation Act 1978 11 friendly society has the same meaning as in section 48 of the Financial Sector Reform (Northern Territory) Act 1999. function includes duty. Gazette, Government Gazette, Northern Territory Government Gazette or Gazette of the Northern Territory means the Government Gazette of the Territory. Gazette notice means a notice published in the Gazette. Government Printer includes a person printing with the authority of the Territory. Health Practitioner Regulation National Law means: (a) the Health Practitioner Regulation National Law: (i) as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld); and (ii) as it applies as a law of the Territory, a State or another Territory (with or without modification); or (b) the law of a State or another Territory that substantially corresponds to the law mentioned in paragraph (a). Note for definition Health Practitioner Regulation National Law The Health Practitioner Regulation National Law is applied as a law of the Territory by the Health Practitioner Regulation (National Uniform Legislation) Act 2009. husband has the meaning in section 19A(2). ICAC means the Independent Commissioner Against Corruption established by section 17 of the Independent Commissioner Against Corruption Act 2017. Imperial Act means an Act passed by the Parliament of the United Kingdom. indictable offence means: (a) an offence that is an indictable offence under section 3(2) of the Criminal Code; or (b) an act or omission committed outside the Territory that would be an indictable offence under paragraph (a) if it were committed in the Territory. Interpretation Act 1978 12 indictment includes information. individual means a natural person. infant means a person who has not attained the age of 18 years. insert, in relation to a provision, includes substitute. instrument of a legislative or administrative character includes regulations, rules, by-laws, orders, determinations, proclamations, awards, documents and authorities made, granted or issued under a power conferred by an Act. justice of the peace means a justice of the peace within the meaning of the Justices of the Peace Act 1991. land includes all messuages, tenements and hereditaments, corporeal and incorporeal, of any tenure or description and whatever may be the estate or interest in the land. law of the Territory means: (a) an Act; or (b) an instrument of a legislative character; or (c) an existing law of the Territory within the meaning of section 57 of the Northern Territory (Self-Government) Act 1978 (Cth) that is not a law mentioned in paragraph (a) or (b); or (d) the common law. lawyer means an Australian lawyer as defined in section 5(a) of the Legal Profession Act 2006. legal practitioner means an Australian legal practitioner as defined in section 6(a) of the Legal Profession Act 2006. legislation website means: (a) the website with the address legislation.nt.gov.au maintained by the Agency; or (b) an alternative website authorised in writing by the Chief Executive Officer of the Agency. Legislative Assembly means the Legislative Assembly of the Interpretation Act 1978 13 Local Court means the Local Court of the Northern Territory under the Local Court Act 2015. Local Court Judge, means a Judge or acting Judge as defined in section 3 of the Local Court Act 2015. local government area means an area as defined in section 7 of the Local Government Act 2019. local government council means a council as defined in section 7 of the Local Government Act 2019. marriage has the meaning in section 19A(2). medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student). member of the Police Force means a member of the Police Force appointed or holding office under the Police Administration Act 1978. minister has the meaning in section 19(1). Ministerial office, see section 4(1) of the Northern Territory (Self-Government) Act 1978 (Cth). monetary unit means, during a financial year, the amount, in dollars, calculated for that year in accordance with the Monetary Units Act 2018. month means a calendar month. Northern Territory Government Account means the official ADI account opened under the Financial Management Act 1995. notified in the Gazette, in relation to an instrument, means that notification of the making of the instrument and the following information is published in the Gazette: (a) the title of the Act under which the instrument is published; (b) the provision of the Act under which the instrument is required to be published that provides the power for the making of the instrument; (c) the title of the instrument; (d) the date of making of the instrument. Interpretation Act 1978 14 NTCAT means the Northern Territory Civil and Administrative Tribunal established under section 7 of the Northern Territory Civil and Administrative Tribunal Act 2014. oath means an oath made in accordance with the Oaths, Affidavits and Declarations Act 2010. Ordinance includes: (a) an Act; and (b) an Ordinance or Act of South Australia in its application to the Parliament means the Legislative Assembly. party includes a body politic and a body corporate. penalty unit has the same meaning as in the Penalty Units Act 2009. person includes a body politic and a body corporate. Note for definition of person Section 24AA also deals with references to persons generally. police officer means a member of the Police Force. prescribed means prescribed by the Act in which the word is used or by a statutory instrument made, granted or issued under that Act. proclamation means proclamation by the Administrator published in the Gazette. public holiday means a day or part of a day specified in, or appointed under, the Public Holidays Act 1981 to be observed as a public holiday. public place includes the following: (a) a place to which free access is permitted to the public with the express or tacit consent of the owner or occupier of the place; (b) a place to which the public are admitted on payment of money; (c) a road, street, footway, court, alley or thoroughfare that the public are allowed to use, even if the road, street, footway, court, alley or thoroughfare is on private property. Interpretation Act 1978 15 public sector employee means an employee within the meaning of the Public Sector Employment and Management Act 1993. real property includes a lease of land. Registrar-General means the person holding or occupying the office of Registrar-General mentioned in section 5(1) of the Registration Act 1927. regulatory offence means an offence specified in an Act or subordinate legislation to be a regulatory offence. revenue unit, see the Revenue Units Act 2009. see, when used to define a term, means the term has the same meaning as in the law or provision mentioned in that definition. sitting day, of the Legislative Assembly, means a day on which the Assembly meets. Speaker means the Speaker of the Legislative Assembly. spouse has the meaning in section 19A(1). State means a State of the Commonwealth. statutory corporation means a corporation, commission or authority incorporated by name for a public purpose by a law of the Territory, but does not include a local government council. statutory declaration means a statutory declaration made in accordance with the Oaths, Affidavits and Declarations Act 2010. statutory instrument means an instrument of a legislative or administrative character. stepchild has the meaning in section 19A(4). step-relative has the meaning in section 19A(5). subordinate legislation means: (a) regulations, rules or by-laws to which section 63 or 63A applies; or (b) a statutory instrument that, under an Act, is an instrument to which section 63 or 63A applies. summary offence, see section 3(3) of the Criminal Code. Interpretation Act 1978 16 Supreme Court means the Supreme Court of the Northern Territory of Australia established under the Supreme Court Act 1979. Supreme Court Judge means a Judge as defined in section 9(1) of the Supreme Court Act 1979. table, in the Legislative Assembly, means to lay before the Assembly. Territory means a Territory of the Commonwealth. the Agency has the meaning in section 18A(2). the Chief Executive Officer means the person holding or occupying the office of the Chief Executive Officer of the Agency administering the provision of the Act in which the expression occurs. the Minister has the meaning in section 19(2). the Regulations means the regulations made under the Act in which the expression occurs. the Territory means, according to the context, the body politic established by the Northern Territory (Self-Government) Act 1978 (Cth) as the Northern Territory of Australia or the geographical area constituting the Northern Territory of Australia. this Act includes a statutory instrument under the Act in which the expression occurs. Treasurer means the Treasurer of the Northern Territory. Under Treasurer means the Chief Executive Officer, within the meaning of the Public Sector Employment and Management Act 1993, of the Agency administering the Financial Management Act 1995. Valuer-General means the person holding or occupying the office of the Valuer-General mentioned in section 5(1) of the Valuation of Land Act 1963. widow has the meaning in section 19A(2). widower has the meaning in section 19A(2). wife has the meaning in section 19A(2). year means a period of 12 months. Interpretation Act 1978 17