CTHIn ForceAct
Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012
116Sunset provision
Start here
Get a plain-English read of 116
Turn the raw legal text into a practical explanation grounded in Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012.
#### 116 Sunset provision
This Part ceases to have effect 10 years after the day section 3 of the Stronger Futures in the Northern Territory Act 2012 commences.
15 Transitioning prescribed areas to prohibited material areas
(1) If, immediately before commencement:
(a) an area in the Northern Territory was a prescribed area under section 4 of the old Act; and
(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;
then, 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.
(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.
16 Application of amendments
The 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.
Schedule 4—Amendment of the Crimes Act 1914
1 Subsection 3(1)
Insert:
> cultural heritage has the same meaning as in the Environment Protection and Biodiversity Conservation Act 1999, and includes sacred sites.
2 Subsection 3(1)
Insert:
> cultural heritage object means an object that is important for cultural, religious, ethnological, archaeological, historical, literary, artistic, scientific or technological reasons.
3 Subsection 15AB(1)
After “Commonwealth”, insert “or the Northern Territory”.
4 After subsection 15AB(3)
Insert:
(3A) Paragraph (1)(b) does not apply in relation to an offence against the following:
(a) section 22 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984;
(b) sections 15A, 15C, 17B, 22A, 27A, 74AA, 142A, 142B, 207B, 354A, 355A and 470 of the Environment Protection and Biodiversity Conservation Act 1999;
(c) section 48 of the Aboriginal Land Grant (Jervis Bay Territory) Act 1986;
(d) sections 69 and 70 of the Aboriginal Land Rights (Northern Territory) Act 1976;
(e) section 30 of the Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987;
(f) sections 33, 34 and 35 of the Northern Territory Aboriginal Sacred Sites Act of the Northern Territory;
(g) paragraph 33(a) of the Heritage Conservation Act of the Northern Territory;
(h) section 4 of the Aboriginal Land Act of the Northern Territory;
(i) sections 111, 112 and 113 of the Heritage Act of the Northern Territory;
(j) any other law prescribed by the regulations that relates to:
(i) entering, remaining on or damaging cultural heritage; or
(ii) damaging or removing a cultural heritage object.
5 Subsection 15AB(4)
Omit “subsections (1) and (2)”, substitute “subsections (1), (2) and (3A)”.
6 Section 16A (heading)
Repeal the heading, substitute: