Explanatory Statement Professional Standards Amendment (Mutual Recognition) Bill 2007 (Serial 125)
Tabled paper 1184
Tabled papers for 10th Assembly 2005 - 2008; Tabled papers; ParliamentNT
Tabled By Delia Lawrie
Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.
3 Section 12 of the Principal Act provides for the submission of schemes to the Minister. Clause 8 inserts a new section 12(2) so as to enable a scheme that indicates an intention to operate as a scheme of another jurisdiction to be submitted by the Council to the Minister administering the corresponding law of the other jurisdiction (so allowing the scheme to be gazetted in that jurisdiction in accordance with that jurisdictions version of section 13). Clause 9. Amendment of section 13 (Gazettal, tabling and disallowance) Section 13 of the Principal Act provides for the Gazettal of schemes submitted to the Minister by the Council. Clause 9 amends section 13(1) so as to provide for the Gazettal in the Northern Territory of an interstate scheme that has been submitted to the Minister under that jurisdictions version of section 12. Clause 9 also inserts a new section 13(3) so as to extend section 13 to amendments to interstate schemes. Clause 10. Amendment of section 14 (Commencement of schemes) Section 14 of the Principal Act establishes the date of commencement of a scheme that has been gazetted. Clause 10 amends section 14(2) so as to provide that a schemes commencement can be postponed not only by the Supreme Court of the Northern Territory (under section 15) but also by the Supreme Court of another jurisdiction by an order made under that jurisdictions version of section 15. Clause 10 also inserts a new section 14(4) so as to extend section 14 to amendments to interstate schemes. Clause 11. Amendment of section 15 (Challenges to schemes) Section 15 of the Principal Act enables a schemes validity to be challenged in the Supreme Court. Clause 11 amends section 15(1) so as to enable a scheme that operates as a scheme of some other jurisdiction to be challenged by persons affected by the scheme as it operates in that jurisdiction. Clause 11 also inserts a new section 15(4) so as to provide that an interstate scheme may not be declared void under section 15 just because it fails to comply with the requirements of Division 2 (Contents of schemes) of Part 2, but may be declared void if it fails to comply with the equivalent provisions of the corresponding law of the jurisdiction in which it was prepared. Clause 11 also inserts a new section 15(5) so as to preserve other rights of challenge and a new
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