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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Amendment of the Northern
Territory (Self-Government) Act 1978 Bill
2000
No. ,
2000
(Mr Andren)
A
Bill for an Act for the amendment of the Northern Territory (Self-Government)
Act 1978 to prevent the mandatory sentencing of
children
ISBN: 0642 431078
Contents
A Bill for an Act for the amendment of the Northern
Territory (Self-Government) Act 1978 to prevent the mandatory sentencing of
children
The Parliament of Australia enacts:
This Act may be cited as the Amendment of the Northern Territory
(Self-Government) Act 1978 Act 2000
This Act commences on the day on which it receives the Royal
Assent.
The Northern Territory (Self-Government) Act 1978 is amended as
set out in the applicable items in Schedule 1, and the other items in that
Schedule have effect according to their terms.
Insert:
“child, for the purposes of this Act, is a person
under 18 years of age;”.
Add:
“(2) Despite the provisions of this section, the powers of the
Legislative Assembly do not extend to the making of laws which would require a
court to sentence a person to imprisonment or detention for an offence committed
as a child.”.
To avoid doubt, an enactment of the Legislative Assembly that is contrary
to subsection 6(2) of the Northern Territory (Self-Government) Act 1978
has no force or effect as a law of the Northern Territory, except as regards the
lawfulness or validity of anything done in accordance with that law before the
commencement of the Amendment of the Northern Territory
(Self-Government) Act 1978 Act 2000.
Any person in prison or detention at the commencement of the Amendment
of the Northern Territory (Self-Government) Act 1978 Act 2000 pursuant to an
enactment that is contrary to subsection 6(2) of the Northern Territory
(Self-Government) Act 1978 for an offence committed as a child, must be
brought within 28 days after the day on which the Amendment of the Northern
Territory (Self-Government) Act 1978 Act 2000 commences before the court
that sentenced him or her for re-consideration of the remainder of the sentence
in accordance with subsection 6(2). The court has full discretion to
vary the sentence if it thinks fit in all the circumstance of the offender and
the offence.
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