4Definitions

#### 4 Definitions (1) In this Act: > commencement means the day Schedules 1 to 5 of this Act commence. > new Act means the Stronger Futures in the Northern Territory Act 2012. > old Act means the Northern Territory National Emergency Response Act 2007 as in force immediately before commencement. > relevant time means: (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 (b) otherwise—the end of 17 August 2012. (2) In this Act, expressions that are defined in the new Act have the same meanings as they have in that Act. (3) The Minister may, by legislative instrument, determine a day for the purposes of the definition of relevant time in subsection (1). Schedule 1—Repeal of the Northern Territory National Emergency Response Act 2007 Part 1—Northern Territory National Emergency Response Act 2007 1 The whole of the Act Repeal the Act. Part 2—Saving provisions relating to land 2 Saving—if the old Act is repealed before 17 August 2012 (1) This item applies if this Act commences before 17 August 2012. (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. 3 Saving—Divisions 2 and 3 of Part 4 of the old Act and related provisions Despite 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: (a) those provisions continue in force; and (b) any instruments made under those provisions continue in force and may be dealt with under those provisions; in relation to rights, titles and interests in land that: (c) were vested in the Commonwealth under section 47 of the old Act before commencement; or (d) were or are preserved under section 48 of the old Act before, on or after commencement. 4 Saving—sections 60, 61, 62 and 63 of the old Act Sections 60 and 61 (compensation for acquisition of property) (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. Section 62 (payment of agreed amounts or rent) (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: (a) agreements made under that section before the relevant time; and (b) rent payable after the relevant time in relation to leases granted under section 31 of the old Act before the relevant time. Section 63 (appropriation) (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. Part 3—Transitional provisions relating to alcohol 5 Transitioning prescribed areas to alcohol protected 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 paragraph 19(1)(b) of the old Act; then 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. (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. 6 Transitioning areas declared under section 12 of the old Act (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. Note: Section 8 of the new Act includes subsection 75D(1) into the NT Liquor Act. (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. Note: Section 8 of the new Act includes subsection 75D(2) into the NT Liquor Act. 7 Transitioning conditions etc. on NT liquor licences (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. (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. 8 Transitioning conditions etc. on NT liquor permits (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. (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. Part 4—Transitional provisions relating to community store licences 9 Transitioning community store licences (1) This item applies to a community store licence (the transitioned licence) that: (a) was in force under Part 7 of the old Act immediately before commencement; and (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. (2) The transitioned licence continues in force (and may be dealt with), on and after commencement, as if: (a) the licence had been granted under subsection 45(1) of the new Act; and (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. (3) For the purposes of subsection 59(1) of the new Act (about revoking community store licences): (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 (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 (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. (4) If a notice under subsection 108(2) of the old Act: (a) related to a proposed decision to: (i) revoke the transitioned licence; or (ii) refuse to vary the transitioned licence; and (b) was in force immediately before commencement; then 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. 10 Transitioning appointments of authorised officers If 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. 11 Transitioning identity cards If 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. Schedule 2—Amendment of the Aboriginal Land Rights (Northern Territory) Act 1976 Aboriginal Land Rights (Northern Territory) Act 1976 1 Subsection 3(1) Insert: > community living area has the same meaning as in the Stronger Futures in the Northern Territory Act 2012. 2 Subsection 20CA(5) (definition of community living area) Repeal the definition (including the note). 3 Part IIB Repeal the Part. 4 After paragraph 23(1)(ea) Insert: (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 5 Paragraphs 23(1)(fb), (fc) and (fd) Repeal the paragraphs. 6 Subsection 33B(1) Repeal the subsection. 7 Subsection 33B(3) Omit “subsection (1) or (2)”, substitute “subsection (2)”. 8 Subsection 35(4) Omit “, 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)”. 9 Paragraph 70(2C)(a) Repeal the paragraph, substitute: (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 10 Application of items 5, 8 and 9 of this Schedule (1) This item applies if this Act commences before 17 August 2012. (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: (a) agreements made under section 62 of the old Act before the relevant time; and (b) rent payable after the relevant time in relation to leases granted under section 31 of the old Act before the relevant time. (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. (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. 11 Paragraph 70(8)(d) Omit “paragraph; and”, substitute “paragraph.”. 12 Paragraph 70(8)(e) Repeal the paragraph. 13 Subsection 70E(17) Repeal the subsection. 14 Subsection 70E(18) Omit “(14), (15) and (17)”, substitute “(14) and (15)”. 15 Subsections 70E(19), (20) and (21) Omit “(14), (15) or (17)”, substitute “(14) or (15)”. 16 Subsection 70F(14) Repeal the subsection. 17 Subsection 70F(15) Omit “(11), (12) and (14)”, substitute “(11) and (12)”. 18 Subsections 70F(16), (17) and (18) Omit “(11), (12) or (14)”, substitute “(11) or (12)”. 19 Paragraph 71(3)(d) Omit “paragraph; and”, substitute “paragraph.”. 20 Paragraph 71(3)(e) Repeal the paragraph. 21 Subsection 76(1A) Repeal the subsection. Schedule 3—Amendment of the Classification (Publications, Films and Computer Games) Act 1995 1 Part 10 (heading) Repeal the heading, substitute: