Explanatory Statement Justice Legislation Amendment Bill 2015 (Serial 119)
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.
14 Section 109 of the Anti-Discrimination Act prohibits the advertising of discriminatory material. Clause 37 repeals and inserts new section 109; replacing the wording to comply with the criminal responsibility requirements of Part IIAA of the Criminal Code. 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 or imprisonment for 2 years, to encourage compliance. Section 109(2), which sets out circumstances in which a prosecution should not be commenced, is amended to reflect modern drafting practices and the transfer of jurisdiction for hearings to the Tribunal. New section 109(3) disapplies subsection (1) if the publication is authorised by the Commissioner. New section 109(4) defines publish to include causes or authorises to be published. Clause 37 also inserts new section 109A to replace the existing offence in section 111 and making it consistent with Part IIAA of the Criminal Code. The section is being moved so that it appears in the Act along with other similar offences. Section 110 of the Anti-Discrimination Act currently provides for offences in respect of proceedings. Clause 37 repeals section 110, which contained three offences, and replaces it with one offence of obstruction, providing that a person must not obstruct a person acting in an official capacity. The wording of the offence of obstruction complies with the criminal responsibility requirements of Part IIAA of the Criminal Code. A defence of reasonable excuse is provided in new section 110(2) and new subsection (3) defines obstruct. 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 compliance. Clause 37 also inserts a new section, after section 110 of the Anti-Discrimination Act, to prohibit false or misleading information, following the repeal of section 110 which contained three offences.
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