That, the Legal and Constitutional Affairs Committee:

(a) conduct an inquiry into the legislative requirements necessary to provide for the registration of miscarried births prior to 20 weeks gestation in the Northern Territory;

(b) investigate the current arrangements in place in other jurisdictions both domestically and internationally;

(c) examine any other matters associated with birth registration of miscarried births; and

(d) reports to the Assembly no later than 30 April 2009 or if the Assembly be not sitting, to the Speaker and by so doing the report is deemed to have been tabled in the Assembly and the Speaker be authorised to publish the report.

(a) the parliament calls on the Northern Territory Government to immediately remove the fees levied against members of this parliament when making FOI applications;

(b) the parliament fully endorses an effective FOI system as a mechanism for holding government to account, and removing the barrier of costs levied on FOI requests of Members of this place will further improve government accountability, a basic expectation of the Territory community; and

(c) continuing to levy fees on Members of the Assembly for FOI applications effectively restrains them from carrying out their duties as an elected Member.

That, the Chief Minister establish a Territory Development Taskforce comprised of key representatives from the public and private sectors to co-ordinate the Territory Government’s response the social, community, economic and environmental challenges of establishing a $12 billion gas processing plant in Darwin Harbour by Inpex and Total.

That, the Territory Government immediately establish a network of Boarding Schools in regional centres for students from remote areas as a response to the disastrous National Assessment Program in Literacy and Numeracy test results recorded by Territory students in remote regions, and that where these boarding schools are attended by people from remote areas, and further that there is to be provisions to transport these children back home on weekends.

1. Establishes a Regulation Relief Review Advisory Committee (Advisory Committee) subordinate to the Legal and Constitutional Affairs Standing Committee;

2. Endorses the following terms of reference for the Regulation Relief Review Advisory Committee:
(a) to review all laws and regulations that impact on business in the Territory, including procurement practices and other process requirements of the Northern Territory government, and

(b) recommend removal and reform of these regulations and processes, where appropriate;

3. Agrees to the membership of the committee to be made up of a chairperson nominated by the Leader of Government Business; a deputy chairperson to be nominated by the Manager of Opposition Business; two members nominated by business associations (made up of a representative from the Business Council, REINT, Chamber of Commerce, Cattlemen’s Association, Trucking Association, Construction Association, the MTAA, the HIA and any other organisation agreed to by the chair and deputy chair) of the Northern Territory; a consumer advocate agreed to by the chair and deputy chair of the committee and the Northern Territory Ombudsman;

4. In establishing the Advisory Committee, does so subject to the Speaker tabling in the Assembly for its adoption a determination authorising the operational structure levels and terms and conditions of payment of meeting/sitting fees, travel allowances paid to Regulation Relief Review Advisory Committee members in similar terms to that of the Statehood Steering Committee; and

5. Requires the Legal and Constitutional Affairs Committee to report to the Assembly, no later than 30 June 2009, including in its report any and all recommendations of the Regulation Relief Review Advisory Committee.

(1) This section applies to a person who is found by a court to be guilty of a violent offence (the current offence) if:

(a) the person has been found guilty of a previous violent offence; or
(b) the person:
(i) is an adult who has not previously been found guilty of a violent offence; and
(ii) has caused serious harm when committing the current offence.

(2) The court must:

(a) record a conviction; and
(b) sentence the person to a term of imprisonment.

(3) The court:

(a) must not suspend any part of the sentence for the current offence if the person has, within 10 years before committing the current offence, been found guilty of a previous violent offence; and

(b) otherwise – may suspend the sentence in part (but not wholly).

(4) The sentence must include a minimum term of actual imprisonment as follows:

(a) 12 months – if the person:
(i) is an adult who has been found guilty of a previous violent offence; and
(ii) has caused serious harm when committing the current offence;

(b) 6 months – if the person:
(i) is an adult who has not previously been found guilty of a violent offence; and
(ii) has caused serious harm when committing the current offence;

(c) 3 months if:
(i) the person is an adult who has been found guilty of a previous violent offence; and
(ii) paragraph (a) does not apply; and
(iii) there are aggravating factors in relation to the commission of the current offence (see sections 5(2)(f) and 6A);

(d) 1 month if:
(i) the person is an adult who has been found guilty of a previous violent offence; and
(ii) neither paragraph (a) nor (c) apply; and
(iii) the person has caused harm when committing the current offence.

(5) In any other cases, the term of actual imprisonment is to be a period decided by the court.

(6) If a court finds a person guilty of more than 1 violent offence, the court may count them as a single offence for this section if the court considers they were part of the same incident, having regard to:

(a) when and where the offences were committed; and
(b) any other circumstances the court considers relevant.

Example
A person is found guilty of assaulting 2 people and causing serious harm to them. If the court considers the assaults occurred as part of the same incident, and the person has not previously been found guilty of a previous violent offence, the court may apply subsection (3)(b) rather than subsection (3)(a) when sentencing the person.

(7) The person is taken to have been found guilty of a previous violent offence:

(a) only if the person:
(i) committed the previous violent offence as an adult; or
(ii) was sentenced for the previous violent offence by the Supreme Court; and

(b) whether a court found the person guilty of the previous violent offence before, on or after the commencement of this section.

(8) This section does not affect the power of the court to make additional orders in relation to sentencing the person for the current offence under this or another Act.

(9) In this section:
harm, see section 1 of the Criminal Code.
previous violent offence means any of the following:
(a) a violent offence;
(b) an offence substantially corresponding to a violent offence against a law, or a repealed law, of the Territory or another jurisdiction (including a jurisdiction outside Australia).
serious harm, see section 1 of the Criminal Code.".

A is found guilty of an offence against section 186 for unlawfully causing physical harm to B. If the harm consists only of pain that does not amount to a physical injury that interferes with B's health, this section does not apply to the sentencing of A for the offence.".

insert

23(4)(b)(ii),

insert

23(4)(b)(ii),

insert

(7) A person who is not the driver of an AIL vehicle must not provide a breath sample for the AIL in the vehicle for the purpose of enabling another person to drive the vehicle.
Maximum penalty: 20 penalty units or imprisonment for 12 months.

insert

Omit, 3 years

Substitute, 5 years

insert

Section 23(4)

omit

all the words after "cancelled and"

substitute

the person is disqualified from:

(a) for a second offence – obtaining a licence for a period that is at least 3 months; and

(b) for a subsequent offence:

(i) obtaining a licence for a period (mandatory period) that is at least 6 months; and

(ii) if the mandatory period is less than 5 years – obtaining a licence other than an AIL licence for an additional period (AIL period) immediately after the mandatory period that is at least 6 months and not more than 3 years.

Notes

1 This means the person may be able to drive a motor vehicle fitted with an alcohol ignition lock during the AIL period after being disqualified for the mandatory period (see sections 29AAYB and 29AAYC).

2 If the mandatory period is 5 years or more, no AIL period applies to the person and the person cannot obtain an AIL licence.

insert

Omit, 3 years

Substitute, 5 years

insert

Section 26(2)(a)(iii), (f), (g) and (h)

Omit, 3 years

Substitute, 5 years

insert

(1) Section 29AB

insert (in alphabetical order)

class B prescribed driving offence includes the following:

(a) a class B1 prescribed driving offence;

(b) a class B2 prescribed driving offence.

omit, substitute

prescribed driving offence means an offence by the driver of a motor vehicle against a provision of this Act prescribed by the Regulations as any of the following:

(a) class A prescribed driving offence;

(b) class B1 prescribed driving offence;

(c) class B2 prescribed driving offence.

omit

all words after "found guilty"

substitute

of:

(a) a class A prescribed driving offence (the last offence) within 2 years after having been previously found guilty of a class A prescribed driving offence; or

(b) a class B prescribed driving offence (the last offence) within 5 years after having been previously found guilty of a class B prescribed driving offence.

(1) Section 29AG(1)(a), (b) and (c)

omit

prescribed driving offence

substitute

class A prescribed driving offence

insert

(d) if the offender has been found guilty on 3 or more occasions of a class B prescribed driving offence, of which at least 1 was a class B1 prescribed driving offence, order that the vehicle be forfeited to the Territory.

insert

21 Regulations amended

This Part amends the Traffic Regulations.

Regulation 91A

repeal, substitute

For the definition of prescribed driving offence in section 29AB of the Act:

(a) each of the following provisions is a class A prescribed driving offence:

(i) regulation 37(1A);

(ii) regulation 37A(1);

(iii) regulation 37B(1); and

(b) each of the following provisions is a class B1 prescribed driving offence:
(i) section 21 of the Act;

(ii) section 29AAA of the Act;

(iii) section 29AAE of the Act; and

(c) each of the following provisions is a class B2 prescribed driving offence:
(i) section 22 of the Act;

(ii) section 23 of the Act;

(iii) section 24 of the Act;

(iv) section 25 of the Act;

(v) section 26 of the Act.