Territory Stories

Explanatory Statement Justice Legislation Amendment Bill 2015 (Serial 119)

Details:

Title

Explanatory Statement Justice Legislation Amendment Bill 2015 (Serial 119)

Other title

Tabled paper 1282

Collection

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

Date

2015-03-26

Description

Tabled by Johan Elferink

Notes

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.

Language

English

Subject

Tabled papers

Publisher name

Attorney-General

File type

application/pdf

Use

Copyright

Copyright owner

See publication

License

https://www.legislation.gov.au/Details/C2019C00548

Parent handle

https://hdl.handle.net/10070/273679

Citation address

https://hdl.handle.net/10070/426442

Page content

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 Section 99 repealed Section 99 of the Anti-Discrimination Act prohibits publication of evidence given in a hearing.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


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