Explanatory Statement Justice Legislation Amendment Bill 2015 (Serial 119)
Tabled paper 1282
Tabled Papers for 12th Assembly 2012 - 2016; Tabled Papers; ParliamentNT
2015-03-26
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.
English
Tabled papers
Attorney-General
application/pdf
Copyright
See publication
https://www.legislation.gov.au/Details/C2019C00548
https://hdl.handle.net/10070/273679
https://hdl.handle.net/10070/426442
11 Strict liability is applied to the offence in newCriminal Code, subsection (3). The penalty for the offence is also modernised and meets current penalty standards applicable to this type of offence, increasing the maximum penalty from 8 penalty units to 100 penalty units, to encourage parties to comply with the notice. Section 99 repealed Section 99 of the Anti-Discrimination Act prohibits publication of evidence given in a hearing. Clause 30 of this Bill repeals section 99 and reflects the transfer of jurisdiction for hearings from the Commissioner to the Tribunal. Clause 30. Section 100 amendedClause 31. Section 100 of the Anti-Discrimination Act provides that the Commissioner may make an order prohibiting disclosure of a persons identity to preserve the anonymity of a person involved in proceedings under the Act. Clause 31 amends section 100(3) and replaces the wording to comply with the criminal responsibility requirements of Part IIAA of the Criminal Code. Strict liability is applied to the offence in new section 100(4) and a defence of reasonable excuse applies through new section 100(5). The penalty for the offence is also modernised and meets current penalty standards applicable to this type of offence, increasing the maximum penalty from 8 penalty units to 200 penalty units, to encourage compliance with the order. Section 101 amendedClause 32. Section 101 of the Anti-Discrimination Act provides for interim orders to be made in respect of a complaint pending the completion of proceedings. Clause 32 omits and substitutes a new section 101(1) to reflect modern drafting practice. Clause 32 also omits and substitutes a new section 101(3) replacing the wording to comply with the criminal responsibility requirements of Part IIAA of the Criminal Code. Strict liability is applied to the offence in