Territory Stories

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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15 New section 110A( 1) provides that it is an offence for a person to provide false or misleading information to a person acting in an official capacity. New section 110A(2) provides that it is an offence for a person to knowingly give a document containing misleading information. The offences comply with the criminal responsibility requirements of Part IIAA of the Criminal Code. Strict liability applies to the giving of the information or document. New section 110A(4) disapplies subsection (2) if the misleading aspects of the document are drawn to the attention of the official person when giving the document and information necessary to remedy the misleading aspects of the document are provided. New section 110A(5) defines misleading information for the purpose of the offence in section 110A. Clause 37 also repeals section 111. This offence is being replaced at new section 109A with a new offence of inducement in compliance with Part IIAA of the Criminal Code. Clause 38. Section 113 amended Section 113(2) currently provides that no action or proceedings can be commenced against a person for loss or damaged suffered by another person by reason only that the person took action under or provided information to the Commissioner under the Anti-Discrimination Act. Clause 38 of the Bill amends section 113(1 )(b) of the Anti-Discrimination Act by extending the current protections under section 113 to people who have provided information to the Tribunal as well as the Commissioner. This reflects the transfer of jurisdiction for hearings of anti-discrimination complaints to the Tribunal. Clause 39. Section 114 amended Clause 39 of the Bill amends section 114 of the Anti-Discrimination Act to replace the reference to section 92(5) with a reference to section 85(2) to reflect changes in the numbering of offences. Clause 40. Part 9 inserted Clause 40 of this Bill inserts Part 9 into the Anti-Discrimination Act.

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