Northern Territory National Emergency Response Act 2007

Part 1—Preliminary

1 Short title [see Note 1]

This Act may be cited as the Northern Territory National Emergency Response Act 2007.

2 Commencement

(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.

<table cellspacing="0" cellpadding="0" style="border-collapse:collapse"><thead><tr><td colspan="3" style="width:344.85pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-size:10pt; font-weight:bold">Commencement information</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-size:10pt; font-weight:bold">Column 1</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-size:10pt; font-weight:bold">Column 2</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-size:10pt; font-weight:bold">Column 3</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-size:10pt; font-weight:bold">Provision(s)</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-size:10pt; font-weight:bold">Commencement</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-size:10pt; font-weight:bold">Date/Details</span></p></td></tr></thead><tbody><tr><td style="width:74.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span style="font-size:10pt">1.</span><span style="font-size:10pt"> </span><span style="font-size:10pt">Parts</span><span style="font-size:10pt"> </span><span style="font-size:10pt">1, 2 and 3 and anything in this Act not elsewhere covered by this table</span></p></td><td style="width:180.7pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="margin-bottom:3pt"><span style="font-size:10pt">The day after this Act receives the Royal Assent.</span></p><p class="Tabletext"><span style="font-size:10pt"></span></p></td><td style="width:68.4pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span style="font-size:10pt">18</span><span style="font-size:10pt"> </span><span style="font-size:10pt">August 2007</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span style="font-size:10pt">2.</span><span style="font-size:10pt"> </span><span style="font-size:10pt">Section</span><span style="font-size:10pt"> </span><span style="font-size:10pt">31</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span style="font-size:10pt">The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span style="font-size:10pt">18</span><span style="font-size:10pt"> </span><span style="font-size:10pt">August 2007</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span style="font-size:10pt">3.</span><span style="font-size:10pt"> </span><span style="font-size:10pt">Section</span><span style="font-size:10pt"> </span><span style="font-size:10pt">32</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="margin-bottom:3pt"><span style="font-size:10pt">A single day to be fixed by Proclamation.</span></p><p class="Tabletext"><span style="font-size:10pt">However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span style="font-size:10pt">17</span><span style="font-size:10pt"> </span><span style="font-size:10pt">February 2008</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-size:10pt">4.</span><span style="font-size:10pt"> </span><span style="font-size:10pt">Section</span><span style="font-size:10pt"> </span><span style="font-size:10pt">33</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="margin-bottom:3pt; page-break-after:avoid"><span style="font-size:10pt">A single day to be fixed by Proclamation.</span></p><p class="Tabletext" style="page-break-after:avoid"><span style="font-size:10pt">However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext" style="page-break-after:avoid"><span style="font-size:10pt">17</span><span style="font-size:10pt"> </span><span style="font-size:10pt">February 2008</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span style="font-size:10pt">5.</span><span style="font-size:10pt"> </span><span style="font-size:10pt">Sections</span><span style="font-size:10pt"> </span><span style="font-size:10pt">34 to 64</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span style="font-size:10pt">The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span style="font-size:10pt">18</span><span style="font-size:10pt"> </span><span style="font-size:10pt">August 2007</span></p></td></tr><tr><td style="width:74.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span style="font-size:10pt">6.</span><span style="font-size:10pt"> </span><span style="font-size:10pt">Parts</span><span style="font-size:10pt"> </span><span style="font-size:10pt">5 to 8 and Schedules</span><span style="font-size:10pt"> </span><span style="font-size:10pt">1 to 4</span></p></td><td style="width:180.7pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span style="font-size:10pt">The day after this Act receives the Royal Assent.</span></p></td><td style="width:68.4pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.35pt; padding-left:5.35pt; vertical-align:top"><p class="Tabletext"><span style="font-size:10pt">18</span><span style="font-size:10pt"> </span><span style="font-size:10pt">August 2007</span></p></td></tr></tbody></table>

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3 Definitions

In this Act:

assessable matters has the meaning given by section 93.

Associations Act means the Associations Act of the Northern Territory.

Note: The reference to the Associations Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

authorised officer means the Secretary or a person appointed by the Secretary under section 116.

bail authority means a court or person authorised to grant bail under a law of the Northern Territory.

business management area means:

(a) an area of land that is covered by a lease granted under paragraph 31(1)(b); or
(b) an area of land referred to, in a clause, in Parts 1 to 3 of Schedule 1 to this Act; or
(c) an area of land or a place in the Northern Territory that is specified in Schedule 2 to this Act; or
(d) an area of land or a place that:
(i) is, or is situated wholly within, the Northern Territory; and
(ii) is declared by the Minister, by legislative instrument, to be a business management area.

civil penalty provision means a subsection, or a section that is not divided into subsections, that has set out at its foot the words “civil penalty” and one or more amounts in penalty units.

Commonwealth interest in land means all rights, titles and interests in the land that are vested in the Commonwealth under section 47.

Commonwealth Minister, in relation to a provision of this Act, means the Minister administering the provision.

community services entity means any of the following:

(a) a community government council within the meaning of the Local Government Act;
(b) an incorporated association within the meaning of the Associations Act;
(c) an Aboriginal and Torres Strait Islander corporation within the meaning of the Corporations (Aboriginal and Torres Strait Islander) Act 2006;
(d) any other person or entity:
(i) that performs functions or provides services in a business management area; and
(ii) that is specified by the Minister (whether by reference to a class of person or entity or otherwise), by legislative instrument, for the purposes of this paragraph.

community store has the meaning given by section 92.

community store licence means a licence granted under section 97.

criminal behaviour includes:

(a) any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and
(b) any fault element relating to such a physical element.

Crown Lands Act means the Crown Lands Act of the Northern Territory.

Note: The reference to the Crown Lands Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

disallowance period for regulations means the period:

(a) beginning on the earliest day on which the regulations are laid before a House of the Parliament in accordance with section 38 of the Legislative Instruments Act 2003; and
(b) ending on the day on which 15 sitting days of each House of the Parliament have passed since the regulations were laid before the particular House of the Parliament.

food security has the meaning given by section 91B.

funding agreement means an agreement or arrangement, in writing, between the Commonwealth and a community services entity under which the entity is provided with funding to provide services in a business management area (whether or not the agreement or arrangement also makes provision in relation to other matters).

income management regime means the legislative scheme to manage certain payments established under the Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007, and related measures.

Liquor Act means the Liquor Act of the Northern Territory.

Note: The reference to the Liquor Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

Liquor Regulations means the Liquor Regulations of the Northern Territory.

Note: The reference to the Liquor Regulations of the Northern Territory is to be construed as a reference to those Regulations as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

Local Government Act means the Local Government Act of the Northern Territory.

Note: The reference to the Local Government Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

local government authority means:

(a) a body established for the purposes of local government by or under a law of the Northern Territory; or
(b) a Land Council (within the meaning of the Aboriginal Land Rights (Northern Territory) Act 1976).

manager, in relation to a community store, has the meaning given by subsection 93A(2).

native title rights and interests has the same meaning as in the Native Title Act 1993.

Northern Territory Minister means:

(a) in Division 1, and Subdivision B of Division 2, of Part 4—the Minister administering the Crown Lands Act; and
(b) in Subdivision A of Division 2 of Part 4—the Minister administering the Special Purposes Leases Act; and
(c) in Division 4 of Part 5—the Minister administering the Local Government Act.

owner, in relation to a community store, has the meaning given by subsection 93A(1).

penalty unit, in relation to a civil penalty provision, has the same meaning as in section 4AA of the Crimes Act 1914.

Police Administration Act means the Police Administration Act of the Northern Territory.

Note: The reference to the Police Administration Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

prescribed areas has the meaning given by section 4.

publicly funded computer means a computer:

(a) in respect of which any or all of the following apply:
(i) the computer is owned or leased by an individual who, or a body (whether or not incorporated) that, receives funding from the Commonwealth, a State, a Territory or a local government authority;
(ii) the computer is on loan from a body (whether or not incorporated) that receives funding from the Commonwealth, a State, a Territory or a local government authority;
(iii) the computer is owned or leased by an individual who, or a body (whether or not incorporated) that, receives money directly or indirectly from the Commonwealth under an arrangement for the delivery of services, or programs, related to employment; and
(b) that is located in a prescribed area in the Northern Territory, and that is ordinarily so located.

Registrar has the same meaning as in the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

relevant owner of land means the following:

(a) for Aboriginal land (within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976)—the Land Trust that holds the estate in fee simple in the land;
(b) for land granted under subsection 46(1A) of the Lands Acquisition Act of the Northern Territory—the person or body that holds the estate in fee simple in the land;
(c) for Canteen Creek (as described in Part 3 of Schedule 1 to this Act)—the Northern Territory;
(d) for Nauiyu (Daly River) (as described in Part 3 of Schedule 1 to this Act)—the Catholic Church of the Diocese of Darwin Property Trust;
(e) for land in which, at the time section 31 commences, a lease is held by the Aputula Social Club Incorporated, The Aputula Social Club Incorporated, the Aputula Housing Association Incorporated, The Aputula Housing Association Incorporated or the Daguragu Community Government Council—the Northern Territory;
(f) for land in which, at the time section 31 commences, an estate in fee simple is held by the Aputula Social Club Incorporated, The Aputula Social Club Incorporated, the Aputula Housing Association Incorporated, The Aputula Housing Association Incorporated, the Daguragu Community Government Council or the Pine Creek Aboriginal Advancement Association Inc.—the person or body that holds the estate in fee simple in the land.

responsible person for a publicly funded computer means:

(a) if the computer is in the custody and control of a body (whether or not incorporated)—the head (however described) of the body; and
(b) otherwise—the individual in whose custody and control the computer is.

Special Purposes Leases Act means the Special Purposes Leases Act of the Northern Territory.

Note: The reference to the Special Purposes Leases Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

Telecommunications Minister means the Minister who administers the Telecommunications Act 1997.

working day means a day that is not:

(a) a Saturday or a Sunday; or
(b) a public holiday in the Northern Territory.

4 Prescribed areas

(1) The areas in the Northern Territory covered by subsection (2) are prescribed areas. (2) The areas are: (a) an area covered by paragraph (a) of the definition of Aboriginal land in subsection 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976; and (b) any roads, rivers, streams, estuaries or other areas that: (i) are expressly excluded under Schedule 1 to that Act; or (ii) are excluded from grants under that Act because of subsection 12(3) or (3A) of that Act; and (c) land granted to an association under subsection 46(1A) of the Lands Acquisition Act of the Northern Territory (including that land as held by a successor to an association); and (d) each area in the Northern Territory identified in a declaration under subsection (3). (3) The Commonwealth Minister may declare that areas in the Northern Territory known as town camps that are identified in the declaration are prescribed areas for the purposes of paragraph (2)(d). (4) The Commonwealth Minister may declare that: (a) an area in the Northern Territory that would otherwise be covered by subsection (2) is not a prescribed area; or (b) an area in the Northern Territory that is not covered by subsection (2) is a prescribed area. (5) A declaration under subsection (3) or (4) is a legislative instrument.

5 Object of this Act

The object of this Act is to improve the well‑being of certain communities in the Northern Territory.

6 Sunset provision

(1) This Act (other than this Part, Parts 4, 6 and 8 and Schedule 1 to this Act) ceases to have effect at the end of the period of 5 years beginning on the day after the day on which this Act receives the Royal Assent.

Note: Part 4 and Schedule 1 to this Act deal with the granting of 5 year leases and the acquisition of an estate in fee simple in land. Part 6 deals with bail and sentencing. Part 8 contains miscellaneous provisions.

(2) The regulations may prescribe matters of a transitional nature (including prescribing any saving or application provisions) arising out of this Act ceasing to have effect in accordance with subsection (1).