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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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21 The policy intent for this offence is that the defence attracts the most common burden ie an evidentiary burden. The use of the word has rather than establish clarifies this position so that the common law position (ie the evidentiary burden) clearly applies. Section 140 amendedClause 59. Clause 59 of this Bill amends section 140 which relates to the Tribunals review jurisdiction. Clause 63 inserts new subsection (1 A) to create a regulation making power to exempt specified decisions of the Tribunal in the exercise of its original jurisdiction from being reviewed under section 140. This is only intended to apply to appropriate decisions, for example, where the original decision must be made by a panel of the Tribunal or by one or more legal members. It also cannot operate to exclude the appeal right to the Supreme Court as set out in section 141 of the Act. Clause 60. Section 140A inserted Clause 60 inserts new section 140A which provides for matters relating to the parties to a review of an original decision made by the Tribunal. New section 140A(1) clarifies that each person that is a party to a decision of the Tribunal is also a party for a proceeding for any review of that decision. New subsection (2) also allows for the Tribunal to make orders as to who is not to be a party to a proceeding for a review of a decision in its original jurisdiction (noting that section 128 of the Act provides for the Tribunal to join additional parties). However, new subsection (3) clarifies that the Tribunal is not a party to a proceeding for a review of a decision of the Tribunal in its review jurisdiction. Clause 61 Part 8 inserted Clause 61 of the Bill inserts new Part 8 into the Northern Territory Civil and Administrative Tribunal Act, which relates to transitional matters for the Justice Legislation Amendment Act 2015. provides that the new enforcement provisions under sections 84, 84A and 84B apply to orders made by the Tribunal prior to the commencement of the amending Act. This means that orders made prior to commencement can be enforced as orders of the relevant court of competent jurisdiction. New section 156