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Explanatory Statement Justice Legislation Amendment Bill 2015 (Serial 119)



Explanatory Statement Justice Legislation Amendment Bill 2015 (Serial 119)

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Tabled paper 1282


Tabled Papers for 12th Assembly 2012 - 2016; Tabled Papers; ParliamentNT




Tabled by Johan Elferink


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.




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2 NOTES ON CLAUSES Part 1 Preliminary matters Clause 1. Short Title This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Justice Legislation Amendment Act 2015. Clause 2. Commencement This is a formal clause which provides when the Act will commence. The Act will commence on a day fixed by the Administrator by Gazette notice. In accordance with the Interpretation Act this clause operates so that the various provisions of the Act may be commenced on separate days. Part 2 Amendment of Anti-Discrimination Act Clause 3. Act amended This clause provides that this Part amends the Anti-Discrimination Act. Clause 4. Section 4 amended This clause amends section 4(1) of the Anti-Discrimination Act by inserting new definitions for acting in an official capacity, conciliation, evaluate, proceeding and Tribunal. Acting in an official capacity is defined to be exercising or performing functions under, or otherwise related to the administration of, the Anti-Discrimination Act. The definition of conciliation has been broadened to cover a conciliation process under Part 6, Division 3 of the Anti-Discrimination Act. Section 82 of the Act provides that anything said and done during the course of conciliation cannot be used in other proceedings. Section 82 is also amended by this Bill in clause 23 to clarify that the protection extends to proceedings under other Acts. Evaluate is limited to evaluation of a complaint, and is defined to mean a decision as to whether there is a reasonable prospect of success at a hearing of the Northern Territory Civil and Administrative Tribunal.