Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007

No. 128, 2007

An Act to amend laws in order to respond to the Northern Territory’s national emergency, and for related purposes

Contents

1 Short title

2 Commencement

3 Northern Territory (Self‑Government) Act

4 Racial Discrimination Act

5 Some Northern Territory laws excluded

6 Schedule(s)

Schedule 1—Prohibited material

Classification (Publications, Films and Computer Games) Act 1995

Schedule 2—Law enforcement

Part 1—Australian Crime Commission

Division 1—Indigenous violence or child abuse

Australian Crime Commission Act 2002

Division 2—Information etc. from State agencies

Australian Crime Commission Act 2002

Division 3—Appointment of examiners

Australian Crime Commission Act 2002

Part 2—Australian Federal Police

Australian Federal Police Act 1979

Schedule 3—Infrastructure

Aboriginal Land Rights (Northern Territory) Act 1976

Schedule 4—Access to Aboriginal land

Aboriginal Land Rights (Northern Territory) Act 1976

Schedule 5—Miscellaneous

Aboriginal Land Rights (Northern Territory) Act 1976

Northern Territory National Emergency Response Act 2007

Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007

No. 128, 2007

An Act to amend laws in order to respond to the Northern Territory’s national emergency, and for related purposes

[Assented to 17 August 2007]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

 (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3  Northern Territory (Self‑Government) Act

  Section 49 of the Northern Territory (Self‑Government) Act 1978 does not apply in relation to the provisions of this Act.

4  Racial Discrimination Act

 (1) Subject to subsection (3), the provisions of this Act, and any acts done under or for the purposes of those provisions, are, for the purposes of the Racial Discrimination Act 1975, special measures.

 (2) Subject to subsection (3), the provisions of this Act, and any acts done under or for the purposes of those provisions, are excluded from the operation of Part II of the Racial Discrimination Act 1975.

 (3) Subsections (1) and (2) do not apply to amendments or repeals made by Division 2 or 3 of Part 1 of Schedule 2 (law enforcement) to this Act.

 (4) In this section, a reference to:

 (a) any acts done includes a reference to any failure to do an act; and

 (b) provisions of this Act includes a reference to provisions of other Acts that are inserted, amended or repealed by the provisions of this Act.

5  Some Northern Territory laws excluded

 (1) Subject to subsections (3) and (4), the provisions of this Act are intended to apply to the exclusion of a law of the Northern Territory that deals with discrimination so far as it would otherwise apply.

 (2) Subject to subsections (3) and (4), any acts done under or for the purposes of the provisions of this Act have effect despite any law of the Northern Territory that deals with discrimination.

Northern Territory laws that are not excluded

 (3) Subsections (1) and (2) do not apply to a law of the Northern Territory so far as the Minister determines, by legislative instrument, that the law is a law to which subsections (1) and (2) do not apply.

Provisions of this Act that are not excluded

 (4) Subsections (1) and (2) do not apply to amendments or repeals made by Division 2 or 3 of Part 1 of Schedule 2 (law enforcement) to this Act.

Interpretation

 (5) In this section, a reference to:

 (a) any acts done includes a reference to any failure to do an act; and

 (b) provisions of this Act includes a reference to provisions of other Acts that are inserted, amended or repealed by the provisions of this Act.

6  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Prohibited material

Classification (Publications, Films and Computer Games) Act 1995

1  At the end of the Act

Add:

Part 10—Material prohibited in prescribed areas

Division 1—Preliminary

99  Definitions

  In this Part:

acquisition of property has the same meaning as in paragraph 51(xxxi) of the Constitution.

body corporate manager, in relation to a body corporate, means:

 (a) the manager or governing officer (however described) of the body corporate; or

 (b) a member of the governing body (however described) of the body corporate.

item, in relation to prohibited material, means a publication, film or computer game.

just terms has the same meaning as in paragraph 51(xxxi) of the Constitution.

level 1 prohibited material means:

 (a) a publication classified Category 1 restricted or Category 2 restricted; or

 (b) an unclassified publication that contains material that would be likely to cause it to be classified Category 1 restricted or Category 2 restricted; or

 (c) a film classified X 18+; or

 (d) an unclassified film that contains material that would be likely to cause it to be classified X 18+; or

 (e) a prohibited advertisement.

level 2 prohibited material means:

 (a) a publication, film or computer game classified RC; or

 (b) an unclassified publication, film or computer game that contains material that would be likely to cause it to be classified RC.

material includes any computer data or other form of recording from which sounds or written or pictorial matter may be produced.

police officer means a constable within the meaning of the Crimes Act 1914.

postal service means a postal service within the meaning of paragraph 51(v) of the Constitution.

prescribed area has the same meaning as in the Northern Territory National Emergency Response Act 2007.

prohibited advertisement means an advertisement for a publication, a film or a computer game:

 (a) that has been refused approval under Part 3; or

 (b) that contains material that would be likely to cause it to be refused approval under Part 3.

prohibited material means:

 (a) level 1 prohibited material; or

 (b) level 2 prohibited material.

seized material means material seized under section 106.

State/Territory body corporate manager, in relation to a body corporate that operates within a State or Territory, means a person who takes part in managing, administering or governing the business of the body corporate in the State or Territory.

supply includes supply by way of sale, exchange, gift, lease, loan, hire or hire‑purchase.

100  Concurrent operation of State and Territory laws

 (1) This Part is not intended to exclude or limit the concurrent operation of any law of a State or Territory.

 (2) Without limiting subsection (1), this Part is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes:

 (a) an act or omission that is an offence against a provision of this Part; or

 (b) a similar act or omission;

an offence against the law of the State or Territory.

 (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following:

 (a) provides for a penalty for the offence that differs from the penalty provided for in this Part;

 (b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence under this Part;

 (c) provides for a defence in relation to the offence that differs from the defences applicable to the offence under this Part.

Division 2—Offences

101  Possession or control of level 1 prohibited material in prescribed areas

  A person commits an offence if:

 (a) the person has possession or control of material; and

 (b) the material is level 1 prohibited material; and

 (c) the material is in a prescribed area.

Penalty: 50 penalty units.

102  Possession or control of level 2 prohibited material in prescribed areas

  A person commits an offence if:

 (a) the person has possession or control of material; and

 (b) the material is level 2 prohibited material; and

 (c) the material is in a prescribed area.

Penalty: 100 penalty units.

103  Supplying prohibited material in and to prescribed areas

Supply generally

 (1) A person commits an offence if:

 (a) the person:

 (i) supplies material to a third person; or

 (ii) prepares material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

 (iii) transports material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

 (iv) guards or conceals material intending to supply any of it, or intending to assist another person to supply any of it, to a third person; or

 (v) possesses material intending to supply any of it to a third person; and

 (b) the third person is in a prescribed area; and

 (c) the material is prohibited material.

Penalty: 100 penalty units.

Supplying 5 or more items

 (2) A person commits an offence if:

 (a) the person:

 (i) supplies material to a third person; or

 (ii) prepares material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

 (iii) transports material intending to supply any of it, or believing that another person intends to supply any of it, to a third person; or

 (iv) guards or conceals material intending to supply any of it, or intending to assist another person to supply any of it, to a third person; or

 (v) possesses material intending to supply any of it to a third person; and

 (b) the third person is in a prescribed area; and

 (c) the material is prohibited material; and

 (d) the material consists of 5 or more items of prohibited material.

Penalty: 200 penalty units or imprisonment for 2 years, or both.

 (3) For the purposes of proving an offence against subsection (2), a person who engages in conduct specified in subparagraph (2)(a)(ii), (iii), (iv) or (v) in a prescribed area, is taken to have done so:

 (a) intending to supply the material; or

 (b) believing that another person intends to supply the material; or

 (c) intending to assist another person to supply the material;

as the subparagraph requires, to a person in a prescribed area.

 (4) Subsection (3) does not apply in relation to a subparagraph mentioned in that subsection if the person proves that he or she did not have the intention or belief required by that subparagraph.

Note: A defendant bears a legal burden in relation to the matters in subsection (4)—see section 13.4 of the Criminal Code.

104  Body corporate managers taken to have committed offences

 (1) An offence against this Part that is committed by a body corporate is also taken to have been committed by:

 (a) each body corporate manager; and

 (b) any State/Territory body corporate manager for the State or Territory in which the offence is committed.

 (2) A body corporate manager or State/Territory body corporate manager does not commit an offence because of subsection (1) if he or she:

 (a) does not know of the circumstances that constitute the offence; or

 (b) knows of those circumstances but takes all reasonable steps to prevent the commission of the offence as soon as possible after he or she becomes aware of those circumstances.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2)—see subsection 13.3(3) of the Criminal Code.

105  Division does not apply to postal services

  This Division does not apply in relation to anything done in the normal course of the provision of a postal service.

Division 3—Seizure and forfeiture of prohibited material

106  Seizure of prohibited material

  If:

 (a) a police officer finds material in a prescribed area; and

 (b) the officer suspects on reasonable grounds that the material is prohibited material;

the officer may seize the material.

Note: See Part IAA of the Crimes Act 1914 for police search powers.

107  Seizure notices

 (1) The police officer who is responsible for the seized material (the responsible officer) must, within 7 days after the day on which the material was seized, serve a seizure notice on:

 (a) the owner of the material; or

 (b) if the owner of the material cannot be identified after reasonable inquiries—the person from whom the material was seized.

 (2) Subsection (1) does not apply if:

 (a) both:

 (i) the owner of the material cannot be identified after reasonable inquiries; and

 (ii) the material was not seized from a person; or

 (b) it is not possible to serve the person required to be served under subsection (1).

 (3) The seizure notice must:

 (a) identify the material; and

 (b) state the date on which the material was seized; and

 (c) state the ground or grounds on which the material was seized; and

 (d) explain the procedures for the possible return of the material set out in sections 108 and 109; and

 (e) provide contact details for the responsible officer; and

 (f) state that, if the material is not returned to the owner under section 108 or 109, it is forfeited to the Commonwealth.

108  Return of seized material—on request

 (1) The owner of the seized material may request the responsible officer to return the material.

 (2) The request must be made:

 (a) within 60 days after the date of the seizure notice; or

 (b) if subsection 107(2) applied so that a seizure notice was not served—within 60 days after the day on which the material was seized.

 (3) If:

 (a) the owner requests the return of the material within the time specified under subsection (2); and

 (b) the responsible officer is satisfied, on reasonable grounds, that the material is not prohibited material;

the responsible officer must return the material to the owner. Otherwise the request must be refused.

109  Return of seized material—application to magistrate

 (1) If the responsible officer refuses to return the material, the owner may apply to a magistrate for an order that the material is to be returned.

 (2) The application must be made within 60 days after the responsible officer’s refusal.

 (3) If the magistrate is satisfied that the material is not prohibited material, the magistrate must order that the material is to be returned. Otherwise the magistrate must refuse to make the order.

110  Seized material forfeited to the Commonwealth

  Seized material that is not returned to its owner under section 108 or 109:

 (a) is forfeited to the Commonwealth; and

 (b) must be destroyed, disposed of or otherwise dealt with as the Minister directs.

111  Relationship of Division to other laws

  The powers conferred, and duties imposed, by this Division on police officers are in addition to, and not in derogation of, any other powers conferred, or duties imposed, by any other law of the Commonwealth or the law of a State or Territory.

Division 4—Miscellaneous

112  Evidence

  In proceedings for an offence against this Part, a certificate under section 87 is prima facie evidence of the matters stated in the certificate.

113  Compensation for acquisition of property

 (1) Subsection 50(2) of the Northern Territory (Self‑Government) Act 1978 does not apply in relation to any acquisition of property referred to in that subsection that occurs as a result of the operation of this Part.

 (2) However, if the operation of this Part would result in an acquisition of property to which paragraph 51(xxxi) of the Constitution applies from a person otherwise than on just terms, the Commonwealth is liable to pay a reasonable amount of compensation to the person.

 (3) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.

114  Minister may repeal provisions of this Part

 (1) The Minister may, by legislative instrument, repeal some or all of the provisions of this Part.

 (2) A provision is repealed under subsection (1) when the instrument repealing the provision is made.

 (3) Subsection 33(3) of the Acts Interpretation Act 1901 does not apply to an instrument made under subsection (1).

 (4) Neither section 42 nor Part 6 of the Legislative Instruments Act 2003 applies to an instrument made under subsection (1).

115  Sunset provision

  This Part ceases to have effect at the end of the period of 5 years beginning on the day after the day on which the Northern Territory National Emergency Response Act 2007 receives the Royal Assent.

Schedule 2—Law enforcement

Part 1—Australian Crime Commission

Division 1—Indigenous violence or child abuse

Australian Crime Commission Act 2002

1  Subsection 4(1)

Insert:

child means any person who is under 18 years of age.

2  Subsection 4(1)

Insert:

child abuse means an offence relating to the abuse or neglect of a child (including a sexual offence) that is punishable by imprisonment for a period of 3 years or more.

3  Subsection 4(1) (definition of federally relevant criminal activity)

Repeal the definition, substitute:

federally relevant criminal activity means:

 (a) a relevant criminal activity, where the relevant crime is an offence against a law of the Commonwealth or of a Territory; or

 (b) a relevant criminal activity, where the relevant crime:

 (i) is an offence against a law of a State; and

 (ii) has a federal aspect.

4  Subsection 4(1)

Insert:

Indigenous person means a person (including a child) who is:

 (a) a person of the Aboriginal race of Australia; or

 (b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.

5  Subsection 4(1)

Insert:

Indigenous violence or child abuse means serious violence or child abuse committed by or against, or involving, an Indigenous person.

6  Subsection 4(1)

Insert:

relevant crime means:

 (a) serious and organised crime; or

 (b) Indigenous violence or child abuse.

Note: See also subsection (2) (which expands the meaning of relevant crime in certain circumstances).

7  Subsection 4(1) (definition of relevant criminal activity)

Repeal the definition, substitute:

relevant criminal activity means any circumstances implying, or any allegations, that a relevant crime may have been, may be being, or may in future be, committed against a law of the Commonwealth, of a State or of a Territory.

8  Subsection 4(1) (note at the end of the definition of serious and organised crime)

Repeal the note.

9  Subsection 4(1)

Insert:

serious violence means an offence involving violence against a person (including a child) that is punishable by imprisonment for a period of 3 years or more.

10  Subsection 4(2)

Omit “serious and organised crime” (wherever occurring), substitute “relevant crime”.

11  Paragraph 7C(4)(b)

Omit “the serious and organised crime is, or the serious and organised crimes are or include”, substitute “the relevant crime is, or the relevant crimes are or include”.

12  Application

The amendment made by item 11 applies to determinations made under subsection 7C(2) or (3) of the Australian Crime Commission Act 2002 on or after the day on which this item commences.

13  Paragraphs 55A(2)(a), (2)(c), (4)(a), (5)(a), (5B)(a) and (5C)(a)

Omit “the serious and organised crime is, or the serious and organised crimes are or include”, substitute “the relevant crime is, or the relevant crimes are or include”.

14  Paragraph 55B(a)

Omit “the serious and organised crime is, or the serious and organised crimes are or include”, substitute “the relevant crime is, or the relevant crimes are or include”.

Division 2—Information etc. from State agencies

Australian Crime Commission Act 2002

15  Subsection 4(1) (definition of secrecy provision)

After “Commonwealth” (wherever occurring), insert “, of a State”.

16  Section 5

Repeal the section, substitute:

5  Act to bind Crown

  This Act binds the Crown in right of the Commonwealth, of each of the States, of the Northern Territory, of the Australian Capital Territory, and of Norfolk Island.

17  Subsections 19A(1) and (2)

Omit “An examiner may”, substitute “Subject to section 20A, an examiner may”.

Note: The heading to section 19A is altered by omitting “Commonwealth”.

18  Subsection 19A(5)

Repeal the subsection, substitute:

 (5) Subsections (3) and (4) have effect subject to:

 (a) subsection (6); and

 (b) a taxation secrecy provision; and

 (c) a secrecy provision specified in an arrangement under section 20A; and

 (d) sections 63 and 133 of the Telecommunications (Interception and Access) Act 1979;

but have effect despite any other secrecy provision.

19  Subsection 19A(8) (definition of agency)

Repeal the definition, substitute:

agency means a Commonwealth agency or a State agency.

20  Subsection 19A(8)

Insert:

Commonwealth agency means an agency within the meaning of the Freedom of Information Act 1982 and includes an exempt agency.

21  Subsection 19A(8) (definition of principal officer)

Repeal the definition, substitute:

principal officer means:

 (a) in relation to a Commonwealth agency other than an exempt agency—the person who is the principal officer of the agency for the purposes of the Freedom of Information Act 1982; or

 (b) in relation to an exempt agency:

 (i) in a case where the regulations declare an office to be the principal office in respect of the agency—the person holding that office; or

 (ii) in any other case—the person who constitutes the agency or, if the agency is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the agency at which the last‑mentioned person is present; or

 (c) in relation to a State agency—the person holding office or acting as head (however described) of the agency.

22  Subsection 19A(8)

Insert:

State agency means the following agencies:

 (a) a Department of a State;

 (b) an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State;

 (c) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:

 (i) the Crown in right of a State;

 (ii) a person or body covered by paragraph (b);

 (iii) a person or body covered by either of the above subparagraphs.

23  Subsections 20(1) and (2)

Omit “An examiner may”, substitute “Subject to section 20A, an examiner may”.

Note: The heading to section 20 is altered by omitting “Commonwealth”.

24  Subsection 20(5) (definition of agency)

Repeal the definition, substitute:

agency means a Commonwealth agency or a State agency.

25  Subsection 20(5)

Insert:

Commonwealth agency means an agency within the meaning of the Freedom of Information Act 1982.

26  Subsection 20(5) (at the end of paragraph (a) of the definition of prescribed provision)

Add “or”.

27  Subsection 20(5) (after paragraph (a) of the definition of prescribed provision)

Insert:

 (aa) a secrecy provision specified in an arrangement under section 20A; or

28  Subsection 20(5) (definition of principal officer)

Repeal the definition, substitute:

principal officer means:

 (a) in relation to a Commonwealth agency—the person who is the principal officer of the agency for the purposes of the Freedom of Information Act 1982; or

 (b) in relation to a State agency—the person holding office or acting as head (however described) of the agency.

29  Subsection 20(5)

Insert:

State agency means the following agencies:

 (a) a Department of a State;

 (b) an instrumentality of a State, including a body corporate established for a public purpose by or under a law of a State;

 (c) a company in which a controlling interest is held by any one of the following persons, or by 2 or more of the following persons together:

 (i) the Crown in right of a State;

 (ii) a person or body covered by paragraph (b);

 (iii) a person or body covered by either of the above subparagraphs.

30  After section 20

Insert:

20A  Arrangements for an examiner to obtain information etc. from State agencies

 (1) Without limiting section 21, the Commonwealth Minister may make an arrangement, in writing, with the appropriate Minister of the Crown of a State, in relation to the provision of information, documents or things by a person or class of persons under section 19A or 20.

 (2) The arrangement may specify conditions to which the provision of the information, documents or things is subject.

 (3) Without limiting subsection (2), the arrangement may specify:

 (a) the State agency or State agencies from which an examiner may or may not request or require information, documents or things; and

 (b) any information, documents or things which an examiner may or may not request or require; and

 (c) any secrecy provisions to which the provision of information, documents or things is subject.

 (4) A copy of an arrangement made under subsection (1) must be published in the Gazette.

 (5) The Commonwealth Minister may, at any time, give a written notice to the Minister of the Crown of the State revoking an arrangement under subsection (1).

 (6) The Commonwealth Minister must revoke an arrangement under subsection (1) if the Minister of the Crown of the State so requests in writing.

 (7) The Commonwealth Minister and the Minister of the Crown of the State may, by written agreement, vary the terms of an arrangement under subsection (1).

 (8) A copy of the revocation or variation of an arrangement under subsection (5), (6) or (7) must be published in the Gazette.

 (9) A revocation or variation under subsection (5), (6) or (7) takes effect at the time specified in the revocation or variation.

 (10) An arrangement under subsection (1), and a revocation or variation under subsection (5), (6) or (7), are not legislative instruments.

 (11) A written request or requirement for information, documents or things under section 19A or 20 must not be served on a principal officer of a State agency, or a person who is, or has been, a member, officer or employee of a State agency, except in accordance with an arrangement made under subsection (1) that:

 (a) has been published in the Gazette; and

 (b) is in force.

31  Application of offences

The offences affected by this Division apply to conduct engaged in on or after the 28th day after the day on which this Act receives the Royal Assent.

Division 3—Appointment of examiners

Australian Crime Commission Act 2002

32  Subsection 46B(4)

Omit “5 years” (second occurring), substitute “10 years”.

33  Application

Subsection 46B(4) of the Australian Crime Commission Act 2002, as in force immediately after the commencement of this item, applies to examiners who hold office immediately before that commencement, and to examiners who are appointed or reappointed on or after that commencement.

Part 2—Australian Federal Police

Australian Federal Police Act 1979

34  After paragraph 9(1)(bb)

Insert:

 (bc) when performing functions in the Northern Territory:

 (i) the powers and duties conferred or imposed on a constable or an officer of police by or under any law (including the common law) of the Territory; and

 (ii) any powers and duties conferred on the member by virtue of his or her appointment as a Special Constable of the Police Force of the Northern Territory by or under a law of the Territory; and

35  Application

Paragraph 9(1)(bc) of the Australian Federal Police Act 1979, as in force immediately after the commencement of this item, applies to the performance by members of functions in the Northern Territory on or after 21 June 2007.

Schedule 3—Infrastructure

Aboriginal Land Rights (Northern Territory) Act 1976

1  After Part IIA

Insert:

Part IIB—Statutory rights over buildings or infrastructure

Division 1—Preliminary

20T  Definitions

  In this Part:

building includes a structure or facility.

Commonwealth authority has the same meaning as in the Lands Acquisition Act 1989.

construction area:

 (a) in Division 2—means the initial area, as varied in accordance with any agreement under section 20ZA; and

 (b) in Division 3—means the initial area, as varied in accordance with any agreement under section 20ZL.

estimated cost, in relation to works, means an estimate of cost made when all particulars of the works substantially affecting the cost have been determined.

funding body:

 (a) in Division 2—has the meaning given by section 20V; and

 (b) in Division 3—has the meaning given by section 20ZG.

infrastructure includes services.

initial area:

 (a) in Division 2—means an area identified in a determination under subparagraph 20U(1)(a)(ii); and

 (b) in Division 3—means an area identified in a determination under subparagraph 20ZF(1)(a)(ii).

Northern Territory authority means an authority established by or under a law of the Northern Territory and that is a body corporate.

services includes water, electricity, gas, sewerage, drainage and telecommunications services.

statutory rights:

 (a) in Division 2—has the meaning given by subsection 20W(2); and

 (b) in Division 3—has the meaning given by subsection 20ZH(2).

threshold amount means:

 (a) $50,000; or

 (b) if a higher amount is specified in the regulations for the purposes of this definition—that other amount.

works means:

 (a) the construction of one or more buildings or infrastructure; or

 (b) the major alteration, extension, restoration, refurbishment or fitting out of one or more buildings or infrastructure, the total estimated cost of which exceeds the threshold amount.

Division 2—Commonwealth rights

Subdivision A—Application of Division

20U  Application of Division

 (1) This Division applies if:

 (a) works are proposed to be carried out on an area of Aboriginal land:

 (i) within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1); and

 (ii) identified in a written determination of the Minister that is expressed to be made for the purposes of this subparagraph; and

 (b) the Land Council for the area in which the land is situated consents, in writing, to the works and gives the Minister a copy of the consent; and

Note: See also subsection 23(3) (which deals with Land Council consultation with traditional Aboriginal owners and Aboriginal communities or groups).

 (c) immediately before the Land Council so consents, the initial area is not covered by a lease under section 19 or 19A; and

 (d) either of the following applies:

 (i) the works are to be wholly funded by the Commonwealth or a Commonwealth authority;

 (ii) the works are to be partly funded by the Commonwealth or a Commonwealth authority or both (whether or not there is to be funding from other sources) and the Minister determines, in writing, that this Division applies.

 (2) A determination made under subparagraph (1)(a)(ii) or (d)(ii) is not a legislative instrument.

20V  Funding body

 (1) If the works are to be wholly funded by the Commonwealth, the funding body is the Commonwealth.

 (2) If the works are to be wholly funded by a Commonwealth authority, the funding body is the authority.

 (3) If the works are to be partly funded by the Commonwealth or a Commonwealth authority or both (whether or not there is to be funding from other sources), the Minister must determine, in writing, whether the funding body is the Commonwealth or the authority.

 (4) An instrument made under subsection (3) is not a legislative instrument.

Subdivision B—Statutory rights

20W  Funding body has the statutory rights

 (1) Subject to this Division, the funding body has the statutory rights in relation to the construction area.

 (2) The statutory rights are the following rights:

 (a) the right to carry out the works on a part of the construction area in the same, or substantially the same, form that was proposed;

 (b) the right to occupy, use, maintain, repair or replace the buildings or infrastructure covered by the works;

 (c) the right to occupy or use any other part of the construction area;

 (d) the right to construct, maintain, repair or replace minor improvements on any part of the construction area;

 (e) the right to provide services to any part of the construction area.

 (3) To avoid doubt, the statutory rights are exclusive rights.

20X  Transfer of statutory rights

Transfer by Commonwealth

 (1) If the funding body is the Commonwealth, the Minister may, on behalf of the Commonwealth, transfer all of the statutory rights to the Northern Territory, a Commonwealth authority or a Northern Territory authority by written agreement.

Transfer by Commonwealth authority

 (2) If the funding body is a Commonwealth authority, the authority may transfer all of the statutory rights to the Commonwealth, the Northern Territory, another Commonwealth authority or a Northern Territory authority by written agreement.

20Y  Rights holder may permit others to exercise the statutory rights

 (1) If a person has the statutory rights under section 20W or 20X, the person may permit, in writing, a person or persons to exercise some or all of the statutory rights in relation to the whole or a part of the construction area.

 (2) To avoid doubt, a person who is permitted to exercise some or all of the statutory rights does not have the statutory rights under section 20W or 20X.

 (3) An instrument made under subsection (1) is not a legislative instrument.

20Z  Ownership of buildings or infrastructure

  During any period when a person has the statutory rights under section 20W or 20X, the buildings or infrastructure is taken to be the property of the person.

20ZA  Variation of initial area

  If a person has the statutory rights under section 20W or 20X, the person and the Land Council concerned may agree in writing to vary the initial area in a specified way.

20ZB  Operation of Lands Acquisition Act

  The Commonwealth or a Commonwealth authority is authorised to acquire a permit under section 20Y.

Subdivision C—Leases

20ZC  Section 19 leases

Negotiation of lease—statutory rights apply

 (1) If a person has the statutory rights under section 20W or 20X (other than because of Subdivision B applying after its operation has been suspended under section 20ZD), the person and the Land Council concerned must negotiate in good faith for the grant of a lease under section 19 to the person of the construction area.

 (2) Subsection (1) does not apply if a lease is granted under section 19A covering the construction area.

Negotiation of lease—statutory rights do not apply

 (3) If the operation of Subdivision B is suspended in relation to a construction area under subsection 20ZD(2), the funding body and the Land Council concerned must negotiate in good faith for the grant of a lease under section 19 to the funding body of the construction area.

Operation of Lands Acquisition Act

 (4) The Commonwealth or a Commonwealth authority is authorised to dispose of an interest in land covered by a lease of the kind referred to in subsection (1) or (3) in accordance with the terms and conditions of the lease.

 (5) In subsection (4):

dispose and interest have the same meanings as in the Lands Acquisition Act 1989.

No other section 19 leases to be granted

 (6) During the period:

 (a) beginning at the time the Land Council concerned gives its consent as mentioned in paragraph 20U(1)(b); and

 (b) ending at the time a determination under subsection 20ZE(1) is made;

the Land Trust concerned must not grant a lease under section 19 of the construction area unless the lease is of the kind referred to in subsection (1) or (3) of this section.

20ZD  Effect of leases on statutory rights

Section 19 leases

 (1) While there is a lease in force under section 19 of the kind referred to in subsection 20ZC(1) or (3), the operation of Subdivision B is suspended in relation to the construction area concerned.

5 year leases

 (2) If:

 (a) a lease is in force under section 31 of the Northern Territory National Emergency Response Act 2007 covering a particular area of land; and

 (b) section 20U of this Act did not apply in relation to the whole or a part of the area immediately before the lease took effect; and

 (c) section 20U of this Act applies in relation to the whole or a part of the area at a time while the lease is in force;

then, from that time until the lease ends, the operation of Subdivision B of this Division is suspended in relation to the construction area concerned.

Note: If a person has the statutory rights before a lease under section 31 of the Northern Territory National Emergency Response Act 2007 takes effect, section 34 of that Act deals with preserving those rights.

Section 19A leases

 (3) If:

 (a) a lease is in force under section 19A covering the construction area; and

 (b) a person had the statutory rights under section 20W or 20X in relation to the construction area immediately before the lease took effect; and

 (c) a sublease of the construction area is granted to the person who has the statutory rights under section 20W or 20X in relation to the construction area immediately before the sublease is granted;

this Division ceases to apply in relation to the construction area concerned.

Note: Subsection 19A(10) deals with preserving rights, titles or other interests existing before a lease under section 19A takes effect.

Subdivision D—When this Division ceases to apply

20ZE  When this Division ceases to apply

 (1) If a person has the statutory rights under section 20W or 20X, the person may, by writing, determine that the buildings or infrastructure is no longer required by the person.

 (2) Subject to subsections (5) and (6), at the time the determination is made, this Division ceases to apply in relation to the construction area concerned.

 (3) The determination cannot be varied or revoked.

 (4) The person must give the Land Council concerned a copy of the determination.

 (5) Within 30 days after receiving a copy of the determination, the Land Council may request, in writing, the person to remove some or all of the buildings.

 (6) The person must comply with the request as soon as practicable after receiving it.

 (7) A determination made under subsection (1) is not a legislative instrument.

Division 3—Northern Territory rights

Subdivision A—Application of Division

20ZF  Application of Division

 (1) This Division applies if:

 (a) works are proposed to be carried out on an area of Aboriginal land:

 (i) within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1); and

 (ii) identified in a written determination of the Chief Minister of the Northern Territory, or a delegate of the Chief Minister of the Northern Territory, that is expressed to be made for the purposes of this subparagraph; and

 (b) the Land Council for the area in which the land is situated consents, in writing, to the works and gives the Chief Minister of the Northern Territory a copy of the consent; and

Note: See also subsection 23(3) (which deals with Land Council consultation with traditional Aboriginal owners and Aboriginal communities or groups).

 (c) immediately before the Land Council so consents, the initial area is not covered by a lease under section 19 or 19A; and

 (d) either of the following applies:

 (i) the works are to be wholly funded by the Northern Territory or a Northern Territory authority;

 (ii) the works are to be partly funded by the Northern Territory or a Northern Territory authority or both (whether or not there is to be funding from other sources) and the Minister administering this Act determines, in writing, that this Division applies.

 (2) A determination made under subparagraph (1)(a)(ii) or (d)(ii) is not a legislative instrument.

20ZG  Funding body

 (1) If the works are to be wholly funded by the Northern Territory, the funding body is the Northern Territory.

 (2) If the works are to be wholly funded by a Northern Territory authority, the funding body is the authority.

 (3) If the works are to be partly funded by the Northern Territory or a Northern Territory authority or both (whether or not there is to be funding from other sources), the Chief Minister of the Northern Territory must determine, in writing, whether the funding body is the Northern Territory or the authority.

 (4) An instrument made under subsection (3) is not a legislative instrument.

Subdivision B—Statutory rights

20ZH  Funding body has the statutory rights

 (1) Subject to this Division, the funding body has the statutory rights in relation to the construction area.

 (2) The statutory rights are the following rights:

 (a) the right to carry out the works on a part of the construction area in the same, or substantially the same, form that was proposed;

 (b) the right to occupy, use, maintain, repair or replace the buildings or infrastructure covered by the works;

 (c) the right to occupy or use any other part of the construction area;

 (d) the right to construct, maintain, repair or replace minor improvements on any part of the construction area;

 (e) the right to provide services to any part of the construction area.

 (3) To avoid doubt, the statutory rights are exclusive rights.

20ZI  Transfer of statutory rights

Transfer by Northern Territory

 (1) If the funding body is the Northern Territory, the Chief Minister of the Northern Territory may, on behalf of the Northern Territory, transfer all of the statutory rights to the Commonwealth, a Commonwealth authority or a Northern Territory authority by written agreement.

Transfer by Northern Territory authority

 (2) If the funding body is a Northern Territory authority, the authority may transfer in writing all of the statutory rights to the Commonwealth, the Northern Territory, a Commonwealth authority or another Northern Territory authority by written agreement.

20ZJ  Rights holder may permit others to exercise the statutory rights

 (1) If a person has the statutory rights under section 20ZH or 20ZI, the person may permit, in writing, a person or persons to exercise some or all of the statutory rights in relation to the whole or a part of the construction area.

 (2) To avoid doubt, a person who is permitted to exercise some or all of the statutory rights does not have the statutory rights under section 20ZH or 20ZI.

 (3) An instrument made under subsection (1) is not a legislative instrument.

20ZK  Ownership of buildings or infrastructure

  During any period when a person has the statutory rights under section 20ZH or 20ZI, the buildings or infrastructure is taken to be the property of the person.

20ZL  Variation of initial area

  If a person has the statutory rights under section 20ZH or 20ZI, the person and the Land Council concerned may agree in writing to vary the initial area in a specified way.

20ZM  Operation of Lands Acquisition Act

  The Commonwealth or a Commonwealth authority is authorised to acquire a permit under section 20ZJ.

Subdivision C—Leases

20ZN  Section 19 leases

Negotiation of lease—statutory rights apply

 (1) If a person has the statutory rights under section 20ZH or 20ZI (other than because of Subdivision B applying after its operation has been suspended under section 20ZO), the person and the Land Council concerned must negotiate in good faith for the grant of a lease under section 19 to the person of the construction area.

 (2) Subsection (1) does not apply if a lease is granted under section 19A covering the construction area.

Negotiation of lease—statutory rights do not apply

 (3) If the operation of Subdivision B is suspended in relation to a construction area under subsection 20ZO(2), the funding body and the Land Council concerned must negotiate in good faith for the grant of a lease under section 19 to the funding body of the construction area.

Operation of Lands Acquisition Act

 (4) The Commonwealth or a Commonwealth authority is authorised to dispose of an interest in land covered by a lease of the kind referred to in subsection (1) in accordance with the terms and conditions of the lease.

 (5) In subsection (4):

dispose and interest have the same meanings as in the Lands Acquisition Act 1989.

No other section 19 leases to be granted

 (6) During the period:

 (a) beginning at the time the Land Council concerned gives its consent as mentioned in paragraph 20ZF(1)(b); and

 (b) ending at the time a determination under subsection 20ZP(1) is made;

the Land Trust concerned must not grant a lease under section 19 of the construction area unless the lease is of the kind referred to in subsection (1) or (3) of this section.

20ZO  Effect of leases on statutory rights

Section 19 leases

 (1) While there is a lease in force under section 19 of the kind referred to in subsection 20ZN(1) or (3), the operation of Subdivision B is suspended in relation to the construction area concerned.

5 year leases

 (2) If:

 (a) a lease is in force under section 31 of the Northern Territory National Emergency Response Act 2007 covering a particular area of land; and

 (b) section 20ZF of this Act did not apply in relation to the whole or a part of the area immediately before the lease took effect; and

 (c) section 20ZF of this Act applies in relation to the whole or a part of the area at a time while the lease is in force;

then, from that time until the lease ends, the operation of Subdivision B of this Division is suspended in relation to the construction area concerned.

Note: If a person has the statutory rights before a lease under section 31 of the Northern Territory National Emergency Response Act 2007 takes effect, section 34 of that Act deals with preserving those rights.

Section 19A leases

 (3) If:

 (a) a lease is in force under section 19A covering the construction area; and

 (b) a person had the statutory rights under section 20ZH or 20ZI in relation to the construction area immediately before the lease took effect; and

 (c) a sublease of the construction area is granted to the person who has the statutory rights under section 20ZH or 20ZI in relation to the construction area immediately before the sublease is granted;

this Division ceases to apply in relation to the construction area concerned.

Note: Subsection 19A(10) deals with preserving rights, titles or other interests existing before a lease under section 19A takes effect.

Subdivision D—When this Division ceases to apply

20ZP  When this Division ceases to apply

 (1) If a person has the statutory rights under section 20ZH or 20ZI, the person may, by writing, determine that the buildings or infrastructure is no longer required by the person.

 (2) Subject to subsections (5) and (6), at the time the determination is made, this Division ceases to apply in relation to the construction area concerned.

 (3) The determination cannot be varied or revoked.

 (4) The person must give the Land Council concerned a copy of the determination.

 (5) Within 30 days after receiving a copy of the determination, the Land Council may request, in writing, the person to remove some or all of the buildings.

 (6) The person must comply with the request as soon as practicable after receiving it.

 (7) A determination made under subsection (1) is not a legislative instrument.

2  At the end of section 70

Add:

 (8) A reference in this section to an estate or interest in Aboriginal land includes a reference to the statutory rights a person has under section 20W, 20X, 20ZH or 20ZI or a person may exercise under section 20Y or 20ZJ.

 (9) Subsection (8) does not limit section 66.

3  At the end of section 71

Add:

 (3) A reference in this section to an estate or interest in Aboriginal land includes a reference to the statutory rights a person has under section 20W, 20X, 20ZH or 20ZI or a person may exercise under section 20Y or 20ZJ.

 (4) Subsection (3) does not limit section 66.

Schedule 4—Access to Aboriginal land

Aboriginal Land Rights (Northern Territory) Act 1976

1  After subsection 68(1)

Insert:

 (1A) A major upgrade of a road over Aboriginal land must not be carried out unless the Land Council for the area in which the land is situated consents, in writing, to the upgrade.

2  Subsection 68(2)

After “subsection (1)”, insert “or (1A)”.

3  Paragraph 68(2)(a)

After “construct”, insert “or upgrade”.

4  Paragraph 68(2)(b)

After “construction”, insert “or upgrade”.

5  Subsection 68(3)

After “constructed”, insert “or upgraded”.

6  Subsection 68(3)

After “subsection (1)”, insert “or (1A)”.

7  Subsection 68(3)

After “provided”, insert “by this Part or”.

8  Subsection 68(4)

After “construction” (wherever occurring), insert “, upgrade”.

9  Subsection 70(2A)

Repeal the subsection, substitute:

 (2A) In proceedings against a person for an offence against subsection (1), it is a defence if the person enters or remains on the land:

 (a) in performing duties as the Governor‑General or as a person appointed to administer the Government of the Commonwealth under section 4 of the Constitution; or

 (b) in performing duties as the Administrator, an Acting Administrator, or a Deputy Administrator, of the Northern Territory; or

 (c) in performing duties as a member of either House of the Parliament or as a member of the Legislative Assembly of the Northern Territory; or

 (d) as a candidate for election as a member of the House of Representatives for a Northern Territory electorate, as a Senator for the Northern Territory or as a member of the Legislative Assembly of the Northern Territory; or

 (e) in performing functions, or exercising powers, under this Act or another law of the Commonwealth or under a law of the Northern Territory; or

 (f) in performing functions or exercising powers as a Commonwealth or Northern Territory officer; or

 (g) in performing functions or exercising powers as an officer, member or employee of, or on behalf of, a local government body in the Northern Territory; or

 (h) in accordance with this Act or a law of the Northern Territory.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

 (2AA) In paragraph (2A)(f):

Commonwealth or Northern Territory officer means:

 (a) a person who is in the service or employment of the Commonwealth, the Northern Territory or an Authority; or

 (b) a person who holds, or performs the duties of, an appointment, office or position under a law of the Commonwealth or the Northern Territory.

10  After subsection 70(2B)

Insert:

 (2BA) In proceedings against a person for an offence against subsection (1), it is a defence if the person enters or remains on the land in accordance with an authorisation in force under subsection (2BB).

Note: A defendant bears an evidential burden in relation to the matter in subsection (2BA) (see subsection 13.3(3) of the Criminal Code).

 (2BB) The Minister may, by writing, authorise a specified person, or any person included in a specified class of persons, to enter or remain on Aboriginal land.

 (2BC) An authorisation under subsection (2BB) is not a legislative instrument.

 (2BD) Subsections (2BA) to (2BC) cease to have effect at the end of the period of 5 years beginning on the day on which this subsection commenced.

11  After subsection 70(2C)

Insert:

 (2D) In proceedings against a person for an offence against subsection (1), it is a defence if the person enters or remains on premises (other than a sacred site) on community land with the permission of the occupier of the premises.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2D) (see subsection 13.3(3) of the Criminal Code).

 (2E) In subsection (2D):

community land has the meaning given by section 70A.

occupier of premises includes a person present at the premises who is in apparent control of the premises.

12  After section 70

Insert:

70A  Vested Aboriginal land and community land

Vested Aboriginal land

 (1) For the purposes of sections 70B to 70G, vested Aboriginal land means land covered by paragraph (a) of the definition of Aboriginal land in subsection 3(1).

Community land

 (2) For the purposes of sections 70B to 70F, community land means:

 (a) subject to subsection (3), land described in Schedule 7; or

 (b) land described in regulations made for the purposes of this paragraph.

 (3) The regulations may reduce an area of land described in Schedule 7. The regulations have effect accordingly.

70B  Entering or remaining on Aboriginal land—access roads to communities

 (1) Subject to this section, a person may enter or remain on:

 (a) a road:

 (i) that is on vested Aboriginal land; and

 (ii) that is outside community land; and

 (iii) that provides access to community land; and

 (iv) that is specified in a determination under subsection (2) or that provides access to an aerodrome, or a landing place for vessels, that services the members of the community concerned; or

 (b) an area that is within 50 metres either side of the centreline of such a road (to the extent that area is on vested Aboriginal land and is not a sacred site);

if the entry or remaining is for the purpose of travelling to or from any community land and is not for a purpose that is unlawful.

Note: See section 70A for the definitions of vested Aboriginal land and community land.

Specification of roads

 (2) The Minister may, by written determination, specify roads for the purposes of subparagraph (1)(a)(iv). A road may be specified by reference to a start point and end point. A road specified under this subsection includes that road as it lies from time to time.

 (3) A determination made under subsection (2) is not a legislative instrument.

 (4) The Minister must ensure that notice of a determination under subsection (2) is given in the manner the Minister thinks appropriate.

 (5) A failure to comply with subsection (4) does not invalidate the determination.

Limitation

 (6) Subsection (1) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.

 (7) For the purposes of subsection (6), the regulations may provide that specified provisions of a law of the Northern Territory apply in relation to a road or an area to which subsection (1) applies as if the road or area were open to or used by the public.

 (8) Subsection (7) does not limit subsection (6).

No obligation to maintain roads or areas

 (9) The Land Trust concerned is under no obligation to maintain a road or an area to which subsection (1) applies to a level that is suitable for use by the public.

Protection from liability

 (10) No action, suit or proceeding lies against the Land Trust concerned in relation to any act or omission of the Land Trust that results in loss, damage or injury to any person or property as a result of a person doing an act in reliance on subsection (1).

No limit on section 19 or 19A

 (11) This section does not limit the application of section 19 or 19A in relation to a road or an area to which subsection (1) applies.

Temporary restrictions

 (12) This section is subject to any provision of a law of the Northern Territory that provides for temporary restrictions on the entry or remaining on a road or an area to which subsection (1) applies for the purpose of:

 (a) protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or

 (b) protecting public health or safety.

 (13) Subsection (12) does not apply in relation to a road or an area that is covered by a lease to the Director. Instead, the Director may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the road or area for the purpose of:

 (a) protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or

 (b) protecting public health or safety.

 (14) Subsections (12) and (13) apply subject to any limitation prescribed by the regulations for the purposes of this subsection.

 (15) A determination made under subsection (13) has effect accordingly.

 (16) A determination made under subsection (13) is not a legislative instrument.

 (17) The Director must ensure that notice of a determination under subsection (13) is given in the manner the Director thinks appropriate.

 (18) A failure to comply with subsection (17) does not invalidate the determination.

70C  Entering or remaining on Aboriginal land—aerodromes

Aerodromes outside community land

 (1) Subject to this section, a person may board an aircraft, or disembark from an aircraft, that is on an aerodrome that is on vested Aboriginal land and that is outside community land if:

 (a) there is a road from community land that provides access to the aerodrome and the aerodrome services the members of the community concerned; and

 (b) the person does so in accordance with the directions of the operator of the aircraft; and

 (c) the boarding or disembarking is for the purpose of travelling to or from any community land and is not for a purpose that is unlawful.

Note: See section 70A for the definitions of vested Aboriginal land and community land.

 (2) If subsection (1) applies, the person may also:

 (a) enter or remain on any area of the aerodrome allocated for use by passengers for any purpose related to the boarding or disembarking; and

 (b) cross any vested Aboriginal land to get from the aerodrome to the road or from the road to the aerodrome.

Aerodromes within community land

 (3) Subject to this section, a person may:

 (a) board an aircraft, or disembark from an aircraft, that is on an aerodrome that is within community land if:

 (i) the person does so in accordance with the directions of the operator of the aircraft; and

 (ii) the boarding or disembarking is for the purpose of travelling to or from any community land that is outside the aerodrome and is not for a purpose that is unlawful; and

 (b) enter or remain on any area of the aerodrome allocated for use by passengers for any purpose related to the boarding or disembarking.

Limitations

 (4) Subsection (1) or (3) does not apply to the landing of an aircraft at an aerodrome.

 (5) Subsection (1) or (3) does not apply in relation to an aerodrome that, at the time of commencement of this section, is covered by a lease granted under section 19. This subsection ceases to apply in relation to the aerodrome once the lease ends.

 (6) Subsection (1) or (3) does not apply in relation to an aerodrome that, at the time of commencement of this section, is covered by a lease that was granted under section 19 and is preserved as an interest under subsection 19A(10). This subsection ceases to apply in relation to the aerodrome once the interest ends.

 (7) Subsection (1), (2) or (3) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.

No obligation to maintain aerodromes

 (8) The Land Trust concerned is under no obligation to maintain an aerodrome to which subsection (1) or (3) applies to a level that is suitable for use by the public.

Protection from liability

 (9) No action, suit or proceeding lies against the Land Trust concerned in relation to any act or omission of the Land Trust that results in loss, damage or injury to any person or property as a result of a person doing an act in reliance on subsection (1), (2) or (3).

No limit on section 19 or 19A

 (10) This section does not limit the application of section 19 or 19A in relation to an aerodrome to which subsection (1) or (3) applies.

70D  Entering or remaining on Aboriginal land—landing places for vessels

Landing places outside community land

 (1) Subject to this section, a person may board a vessel, or disembark from a vessel, that is at a landing place that is on vested Aboriginal land and that is outside community land if:

 (a) there is a road from community land that provides access to the landing place and the landing place services the members of the community concerned; and

 (b) the boarding or disembarking is for the purpose of travelling to or from any community land and is not for a purpose that is unlawful.

Note: See section 70A for the definitions of vested Aboriginal land and community land.

 (2) If subsection (1) applies, the person may also:

 (a) enter or remain on any area of the landing place allocated for use by passengers for any purpose related to the boarding or disembarking; and

 (b) cross any vested Aboriginal land to get from the landing place to the road or from the road to the landing place.

Landing places within community land

 (3) Subject to this section, a person may:

 (a) board a vessel, or disembark from a vessel, that is at a landing place that is within community land if the boarding or disembarking is for the purpose of travelling to or from any community land that is outside the landing place and is not for a purpose that is unlawful; and

 (b) enter or remain on any area of the landing place allocated for use by passengers for any purpose related to the boarding or disembarking.

Limitations

 (4) Subsection (1) or (3) does not apply to the landing or berthing of a vessel at a landing place.

 (5) Subsection (1) or (3) does not apply in relation to a landing place that, at the time of commencement of this section, is covered by a lease granted under section 19. This subsection ceases to apply in relation to the landing place once the lease ends.

 (6) Subsection (1) or (3) does not apply in relation to a landing place that, at the time of commencement of this section, is covered by a lease that was granted under section 19 and is preserved as an interest under subsection 19A(10). This subsection ceases to apply in relation to the landing place once the interest ends.

 (7) Subsection (1), (2) or (3) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.

No obligation to maintain landing places

 (8) The Land Trust concerned is under no obligation to maintain a landing place to which subsection (1) or (3) applies to a level that is suitable for use by the public.

Protection from liability

 (9) No action, suit or proceeding lies against the Land Trust concerned in relation to any act or omission of the Land Trust that results in loss, damage or injury to any person or property as a result of a person doing an act in reliance on subsection (1), (2) or (3).

No limit on section 19 or 19A

 (10) This section does not limit the application of section 19 or 19A in relation to a landing place to which subsection (1) or (3) applies.

70E  Entering or remaining on Aboriginal land—roads within communities

 (1) Subject to this section, a person may enter or remain on a road that is within community land if the entry or remaining is not for a purpose that is unlawful.

Note: See section 70A for the definition of community land.

 (2) However, subsection (1) does not apply to a road that is specified in a determination under subsection (3).

 (3) The Minister may, by written determination, specify roads for the purposes of subsection (2). A road may be specified by reference to a start point and end point. A road specified under this subsection includes that road as it lies from time to time.

 (4) A determination made under subsection (3) is not a legislative instrument.

 (5) The Minister must ensure that notice of a determination under subsection (3) is given in the manner the Minister thinks appropriate.

 (6) A failure to comply with subsection (5) does not invalidate the determination.

Limitation

 (7) Subsection (1) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.

 (8) For the purposes of subsection (7), the regulations may provide that specified provisions of a law of the Northern Territory apply in relation to a road to which subsection (1) applies as if the road were open to or used by the public.

 (9) Subsection (8) does not limit subsection (7).

No obligation to maintain roads

 (10) The Land Trust concerned is under no obligation to maintain a road to which subsection (1) applies to a level that is suitable for use by the public.

Protection from liability

 (11) No action, suit or proceeding lies against the Land Trust concerned in relation to any act or omission of the Land Trust that results in loss, damage or injury to any person or property as a result of a person doing an act in reliance on subsection (1).

No limit on section 19 or 19A

 (12) This section does not limit the application of section 19 or 19A in relation to a road to which subsection (1) applies.

Temporary restrictions

 (13) This section is subject to any provision of a law of the Northern Territory that provides for temporary restrictions on the entry or remaining on a road to which subsection (1) applies for the purpose of:

 (a) protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or

 (b) protecting public health or safety.

 (14) Subsection (13) does not apply in relation to a road that is within community land that is leased to the Director. Instead, the Director may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the road for the purpose of:

 (a) protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or

 (b) protecting public health or safety.

 (15) If a road to which subsection (1) applies is covered by a lease to a Commonwealth entity or an NT entity under section 19A:

 (a) in the case of a Commonwealth entity—the Executive Director of Township Leasing referred to in section 20B; or

 (b) in the case of an NT entity—the NT entity;

may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the road for the purpose of protecting public health or safety.

 (16) The Executive Director of Township Leasing referred to in section 20B may, by writing, delegate his or her power under subsection (15) of this section to an APS employee in the Department.

 (17) If a road to which subsection (1) applies is covered by a lease under section 31 of the Northern Territory National Emergency Response Act 2007, the Minister may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the road for the purpose of protecting public health or safety.

 (18) Subsections (13), (14), (15) and (17) apply subject to any limitation prescribed by the regulations for the purposes of this subsection.

 (19) A determination made under subsection (14), (15) or (17) has effect accordingly.

 (20) A determination made under subsection (14), (15) or (17) is not a legislative instrument.

 (21) The person making a determination under subsection (14), (15) or (17) must ensure that notice of the determination is given in the manner the person thinks appropriate.

 (22) A failure to comply with subsection (21) does not invalidate the determination.

70F  Entering or remaining on Aboriginal land—common areas

 (1) Subject to this section, a person may enter or remain on a common area that is within community land if the entry or remaining is not for a purpose that is unlawful.

Note 1: See subsection (20) for the definition of common area.

Note 2: See section 70A for the definition of community land.

Limitations

 (2) Subsection (1) does not apply in relation to a common area that, at the time of commencement of this section, is covered by a lease granted under section 19. This subsection ceases to apply in relation to the common area once the lease ends.

 (3) Subsection (1) does not apply in relation to a common area that, at the time of commencement of this section, is covered by a lease that was granted under section 19 and is preserved as an interest under subsection 19A(10). This subsection ceases to apply in relation to the common area once the interest ends.

 (4) Subsection (1) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.

 (5) For the purposes of subsection (4), the regulations may provide that specified common areas are taken to be public parks for the purposes of specified provisions of a law of the Northern Territory relating to public parks.

 (6) Subsection (5) does not limit subsection (4).

No obligation to maintain common areas

 (7) The Land Trust concerned is under no obligation to maintain a common area to which subsection (1) applies to a level that is suitable for use by the public.

Protection from liability

 (8) No action, suit or proceeding lies against the Land Trust concerned in relation to any act or omission of the Land Trust that results in loss, damage or injury to any person or property as a result of a person doing an act in reliance on subsection (1).

No limit on section 19 or 19A

 (9) This section does not limit the application of section 19 or 19A in relation to a common area to which subsection (1) applies.

Temporary restrictions

 (10) This section is subject to any provision of a law of the Northern Territory that provides for temporary restrictions on the entry or remaining on a common area to which subsection (1) applies for the purpose of:

 (a) protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or

 (b) protecting public health or safety.

 (11) Subsection (10) does not apply in relation to a common area that is within community land that is leased to the Director. Instead, the Director may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the common area for the purpose of:

 (a) protecting the privacy of an event (including a ceremony) that takes place in accordance with Aboriginal tradition; or

 (b) protecting public health or safety.

 (12) If a common area to which subsection (1) applies is covered by a lease to a Commonwealth entity or an NT entity under section 19A:

 (a) in the case of a Commonwealth entity—the Executive Director of Township Leasing referred to in section 20B; or

 (b) in the case of an NT entity—the NT entity;

may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the common area for the purpose of protecting public health or safety.

 (13) The Executive Director of Township Leasing referred to in section 20B may, by writing, delegate his or her power under subsection (12) of this section to an APS employee in the Department.

 (14) If a common area to which subsection (1) applies is covered by a lease under section 31 of the Northern Territory National Emergency Response Act 2007, the Minister may, by written determination for the purposes of this section, impose temporary restrictions on the entry or remaining on the common area for the purpose of protecting public health or safety.

 (15) Subsections (10), (11), (12) and (14) apply subject to any limitation prescribed by the regulations for the purposes of this subsection.

 (16) A determination made under subsection (11), (12) or (14) has effect accordingly.

 (17) A determination made under subsection (11), (12) or (14) is not a legislative instrument.

 (18) The person making a determination under subsection (11), (12) or (14) must ensure that notice of the determination is given in the manner the person thinks appropriate.

 (19) A failure to comply with subsection (18) does not invalidate the determination.

Common area

 (20) In this section:

common area means an area that is generally used by members of the community concerned, but does not include:

 (a) a building; or

 (b) a sacred site; or

 (c) an area prescribed by the regulations for the purposes of this paragraph.

 (21) Regulations made for the purposes of paragraph (c) of the definition of common area in subsection (20) may prescribe an area by reference to the purpose for which the area is used.

 (22) Subsection (21) does not limit paragraph (c) of the definition of common area in subsection (20).

70G  Entering or remaining on Aboriginal land—court hearings

 (1) A person may enter or remain on vested Aboriginal land for the purpose of attending or leaving a court hearing held on the land.

Note: See section 70A for the definition of vested Aboriginal land.

 (2) Subsection (1) does not apply to attending any part of a court hearing that is not open to the public.

 (3) Subsection (1) applies subject to any limitation prescribed by the regulations for the purposes of this subsection.

70H  No limit on section 71

  Nothing in sections 70B to 70G limits the application of section 71.

13  After paragraph 73(1)(b)

Insert:

 (ba) laws providing for temporary restrictions of the kind referred to in subsection 70B(12), 70E(13) or 70F(10), but so that any such laws do not apply to Aboriginals who enter, and use or occupy, the road or area concerned in accordance with Aboriginal tradition; and

14  After section 74

Insert:

74AA  Revoking of permits issued under the Aboriginal Land Act of the Northern Territory

  A permit issued under section 5 of the Aboriginal Land Act of the Northern Territory may only be revoked by the issuer of the permit.

Note: The reference to the Aboriginal Land Act of the Northern Territory is to be construed as a reference to that Act as originally enacted and as amended from time to time: see section 10A of the Acts Interpretation Act 1901 of the Commonwealth.

15  At the end of the Act

Add:

Schedule 7—Community land

Note: See paragraph 70A(2)(a).

1  Acacia Larrakia

  All that area of land contained within the 3 separate areas of land outlined below having a total area of approximately 4.199 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1), being:

 (a) Area 1 of 3, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a southerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 8, thence to the point of commencement;

 (b) Area 2 of 3, that is all of that area contained within and bounded by a line commencing at Point 9 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 12, thence to the point of commencement;

 (c) Area 3 of 3, that is all of that area contained within and bounded by a line commencing at Point 13 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 16, thence to the point of commencement.

2  Ali Curung

  All that area of land contained within the 3 separate areas of land outlined below having a total area of approximately 5.198 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1), being:

 (a) Area 1 of 3, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 12, thence to the point of commencement;

 (b) Area 2 of 3, that is all of that area contained within and bounded by a line commencing at Point 13 listed immediately below, thence initially in an easterly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 16, thence to the point of commencement;

 (c) Area 3 of 3, that is all of that area contained within and bounded by a line commencing at Point 17 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 20, thence to the point of commencement.

3  Amanbidji

  All that area of land contained within the 2 separate areas of land outlined below having a total area of approximately 3.481 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1), being:

 (a) Area 1 of 2, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 8, thence to the point of commencement;

 (b) Area 2 of 2, that is all of that area contained within and bounded by a line commencing at Point 9 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 12, thence to the point of commencement.

4  Amoonguna

  All that area of land contained within the 2 separate areas of land outlined below having a total area of approximately 3.390 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1), being:

 (a) Area 1 of 2, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a north westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 9, thence to the point of commencement;

 (b) Area 2 of 2, that is all of that area contained within and bounded by a line commencing at Point 10 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 13, thence to the point of commencement.

5  Ampilatwatja

  All that area of land contained within the area of land outlined below having a total area of approximately 3.461 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1), being all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 12, thence to the point of commencement.

6  Angurugu

  All that area of land contained within the area of land outlined below having a total area of approximately 1.682 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1), being all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 11, thence to the point of commencement.

7  Areyonga

  All that area of land contained within the 3 separate areas of land outlined below having a total area of approximately 5.171 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1), being:

 (a) Area 1 of 3, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a south easterly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 15, thence to the point of commencement;

 (b) Area 2 of 3, that is all of that area contained within and bounded by a line commencing at Point 16 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 19, thence to the point of commencement;

 (c) Area 3 of 3, that is all of that area contained within and bounded by a line commencing at Point 20 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 23, thence to the point of commencement.

8  Barunga

  All that area of land contained within the 2 separate areas of land outlined below having a total area of approximately 5.444 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1), being:

 (a) Area 1 of 2, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a southerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 16, thence to the point of commencement;

 (b) Area 2 of 2, that is all of that area contained within and bounded by a line commencing at Point 17 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 20, thence to the point of commencement.

9  Belyuen

  All that area of land contained within the 6 separate areas of land outlined below having a total area of approximately 12.349 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1), being:

 (a) Area 1 of 6, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a north westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 5, thence to the point of commencement;

 (b) Area 2 of 6, that is all of that area contained within and bounded by a line commencing at Point 6 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 9, thence to the point of commencement;

 (c) Area 3 of 6, that is all of that area contained within and bounded by a line commencing at Point 10 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 13, thence to the point of commencement;

 (d) Area 4 of 6, that is all of that area contained within and bounded by a line commencing at Point 14 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 17, thence to the point of commencement;

 (e) Area 5 of 6, that is all of that area contained within and bounded by a line commencing at Point 18 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 21, thence to the point of commencement;

 (f) Area 6 of 6, that is all of that area contained within and bounded by a line commencing at Point 22 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 25, thence to the point of commencement.

10  Beswick

  All that area of land contained within the 2 separate areas of land outlined below having a total area of approximately 6.298 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1), being:

 (a) Area 1 of 2, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 6, thence to the point of commencement;

 (b) Area 2 of 2, that is all of that area contained within and bounded by a line commencing at Point 7 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 10, thence to the point of commencement.

11  Bulman

  All that area of land contained within the 3 separate areas of land outlined below having a total area of approximately 3.436 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1), being:

 (a) Area 1 of 3, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 6, thence to the point of commencement;

 (b) Area 2 of 3, that is all of that area contained within and bounded by a line commencing at Point 7 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 10, thence to the point of commencement;

 (c) Area 3 of 3, that is all of that area contained within and bounded by a line commencing at Point 11 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 14, thence to the point of commencement.

12  Daguragu

  All that area of land contained within the 7 separate areas of land outlined below having a total area of approximately 4.119 square kilometres, to the extent that it is Aboriginal land within the meaning of paragraph (a) of the definition of Aboriginal land in subsection 3(1), being:

 (a) Area 1 of 7, that is all of that area contained within and bounded by a line commencing at Point 1 listed immediately below, thence initially in a westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 4, thence to the point of commencement;

 (b) Area 2 of 7, that is all of that area contained within and bounded by a line commencing at Point 5 listed immediately below, thence initially in a north westerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 8, thence to the point of commencement;

 (c) Area 3 of 7, that is all of that area contained within and bounded by a line commencing at Point 9 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 12, thence to the point of commencement;

 (d) Area 4 of 7, that is all of that area contained within and bounded by a line commencing at Point 13 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 16, thence to the point of commencement;

 (e) Area 5 of 7, that is all of that area contained within and bounded by a line commencing at Point 17 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 20, thence to the point of commencement;

 (f) Area 6 of 7, that is all of that area contained within and bounded by a line commencing at Point 21 listed immediately below, thence initially in a northerly direction successively along a straight line (loxodrome) between each of the following points in the sequence to Point 24, thence to the point of commencement;