New and Changed Legislation

Criminal Code

The Northern Territory Government has amended the Criminal Code, effective from 19 November 2008. The amendments create two new offences, namely endangering occupants of vehicles or vessels, and hit and run.


Endangering occupants of vehicles or vessels

The Northern Territory Government will introduce a new offence for throwing objects, such as rocks or bottles, or pointing laser beams at cars or boats.

Offenders will face a maximum of four years jail for the dangers such actions pose. If actual harm or damage is caused, then other offences may be charged.

Hit and run

A new hit and run offence is being introduced for drivers involved in an incident where someone is killed or seriously harmed. The maximum penalty is 10 years jail if someone is killed, or seven years jail if someone is seriously harmed.

The Criminal Code is available from Hansard and Legislation

 
Misuse of Drugs Act

The Northern Territory Government has amended the Misuse of Drugs Act, effective from 30 July 2008. The main amendment is a higher penalty for anyone who brings drugs into Indigenous communities.

The new penalty is a maximum of 9 years jail for supplying non-commercial amounts of drugs, such as cannabis and amphetamines, into Indigenous communities. The increased penalty applies to everyone, including visitors, workers and residents of Indigenous communities.

.The Act is available from Hansard and Legislation website.

 
Youth Justice Act

The Northern Territory Government has passed legislation to provide a more comprehensive, clear and flexible framework for dealing with young people who break the law and the individuals and agencies that are involved in that process. The Fact sheet and Question and Answer guide below explain how the new legislation will operate.

The new Youth Justice Act commenced on 1 August 2006. The Act and Regulations are available from Hansard and Legislation website . The Second Reading Speech and Explanatory Statement can be found on Department of the Legislative Assembly

Changes to the Youth Justice Act

The new Youth Justice Act commenced on 1 August 2006

 

Construction Contracts (Security of Payments) Act 2004

Current status

With the exception of one section, the Construction Contracts (Security of Payments) Act2004 (“the Act”) came into force on 1 July 2005 . This means that it applies to construction contracts entered into from that date and which are covered by the Act.

The adjudication scheme created by the Act was amended by Part 4 the Community Justice Centre Act 2005 on 22 February 2006 to provide for the determination of small claims (under $10,000) through the Community Justice Centre for a fixed fee of $500.

The Act was amended by the Justice Legislation Amendment Act 2006 on 1 July 2006 . That Act has:

  • amended section 45 of the Act, so that adjudicators’ determinations can now be enforced as judgments in the Local Court without the need for the person wishing to enforce the determination to have to first seek leave of the Court; and
  • added a new section 67 to provide transition provisions to facilitate the repeal of the Workmen’s Liens Act.

On 1 August 2006 , Section 66 of the Act came into force and as a consequence the Workmen’s Liens Act has now been repealed

The Construction Contracts (Security of Payments) Regulations 2004 commenced operation on 1 July 2005 .

The Construction Contracts Registrar

Guy Riley, a lawyer within the Department of Justice has been appointed by the Minister for Justice and Attorney General as the Construction Contracts Registrar. His role under the legislation is to register adjudicators and maintain a public record of all determinations made by adjudicators. He also has a power to appoint adjudicators to determine disputes in circumstances where an appointer fails to do so within the prescribed time

Registered Adjudicators

The Construction Contracts Registrar has to date approved the registration of the following registered adjudicators under the Act:

  • Profile List
Prescribed Appointors

The following organisations are prescribed in the Regulations as appointers for the purposes of the Act

  • Prescribed Appointers List
Act and Regulations
More Information
  • Questions and Answers
  • Fact sheet
  • Small Claims
Forms
  • Application for registration as an adjudicator
  • Authority to release criminal history
  • Mutual recognition registration requirements
  • Blank statutory declaration (to be used by applicants seeking registration as adjudicators under mutual recognition principles)
Determinations

The following determinations have been made (note that names and other identifying information and any commercially sensitive information has been removed from these determinations):

  • Determinations

 

Assistance for Victims of Crime

The Northern Territory Government has introduced legislation that reforms the Crime Victims Assistance Scheme by replacing the current court based scheme with a faster and more victim friendly administrative scheme, and that provides new and improved services for victims of crime, such as the new Crime Victims Support Unit, a Victims of Crime Register and a new victims counselling scheme. These factsheets explain the changes.

Fact Sheets
Antisocial Behaviour Legislation Package

The Northern Territory Government has passed legislation to address antisocial behaviour in our community. The fact sheets and question and answer guides provided below have been prepared to explain how the new legislation will operate.

Copies of the Alcohol Court Act 2005 and Antisocial Behaviour (Miscellaneous Amendments) Act 2005, the Second Reading Speeches and Explanatory Statements are available from the Department of the Legislative Assembly.

For further information, please contact Kate Halliday, Senior Policy Solicitor.

Previously Changed Legislation

 

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