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Stronger Futures in the Northern Territory Bill 2012

Part 5 Other matters

Division 1 Introduction

111   Guide to this Part

This Part has a number of miscellaneous provisions.

It requires the Minister to cause an independent review to be conducted of the first 7 years of the operation of this Act (see section 117).

It provides that this Act sunsets after 10 years (see section 118).

It also has other miscellaneous provisions (such as the power to delegate, the power to make rules and the power to make regulations).



 

Division 2 Miscellaneous

112   Delegation

             (1)  The Minister may, in writing, delegate any of the Minister’s functions or powers under this Act to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee or acting SES employee in the Department.

             (2)  The Secretary may, in writing, delegate any of the Secretary’s functions or powers under this Act to an SES employee, or acting SES employee, in the Department.

113   References in Commonwealth or Northern Territory laws

             (1)  A reference in a law of the Commonwealth, or a law of the Northern Territory, to a law of the Northern Territory includes a reference to a law of the Northern Territory as modified by this Act or regulations made under this Act.

             (2)  A reference in a law of the Commonwealth, or a law of the Northern Territory, to an offence against a law of the Northern Territory includes a reference to an offence against a law of the Northern Territory as modified by this Act or regulations made under this Act.

             (3)  A reference in a law of the Commonwealth or a law of the Northern Territory to a law of the Commonwealth does not include a reference to a law of the Northern Territory as modified by this Act or regulations made under this Act.

             (4)  A reference in a law of the Northern Territory to a particular law of the Northern Territory includes a reference to that law as modified by this Act or regulations made under this Act.

114   Modification of Northern Territory laws

                   To the extent that this Act, or regulations made under this Act, modify an Act or regulations of the Northern Territory, the Interpretation Act of the Northern Territory, and other Acts of the Northern Territory of general application, apply in relation to this Act or regulations made under this Act.

115   Northern Territory (Self-Government) Act

                   Section 49 of the Northern Territory (Self-Government) Act 1978 does not apply in relation to the operation of this Act.

116   Compensation for acquisition of property

             (1)  Subsection 50(2) of the Northern Territory (Self-Government) Act 1978 and section 128A of the NT Liquor Act do not apply in relation to any acquisition of property referred to in those provisions that occurs as a result of the operation of this Act.

             (2)  However, if the operation of this Act would result in an acquisition of property to which paragraph 51(xxxi) of the Constitution applies from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

             (3)  If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

             (4)  In this Act:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

117   Review of the operation of this Act

             (1)  The Minister must cause an independent review to be undertaken of the first 7 years of the operation of this Act.

             (2)  The review must:

                     (a)  assess the effectiveness of the special measures provided for by this Act; and

                     (b)  consider any other matter specified by the Minister.

             (3)  The review must be completed, and a report must be prepared, before the end of 8 years after commencement.

             (4)  The person undertaking the review must give the report of the review to the Minister.

             (5)  The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of receiving it.

118   Sunset provision

             (1)  This Act ceases to have effect at the end of 10 years after commencement.

             (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).

119   Rules

                   The Minister may, by legislative instrument, make rules prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

120   Regulations

                   The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.