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Part XIV Transitional matters for Agents and Land Legislation Amendment Act 2019
As at 27 November 2023. © Northern Territory of Australia. Reproduced from the Northern Territory Legislation website (legislation.nt.gov.au) under the Territory's copyright policy for legislation. This is not an official version; the official version is on the Territory's website.
© Northern Territory of Australia. Licence. Endnotes (legislative history) removed; structure rebuilt from the Word styles. Text otherwise verbatim. Authoritative version: legislation.nt.gov.au.
120Definitions#
In this Part:
by-law includes an amendment to a by-law.
commencement means the commencement of the Agents and Land Legislation Amendment Act 2019.
121Validity of prior by-laws#
Subject to section 122, a by-law that was made before the commencement is taken to be valid.
122Review of prior by-laws#
(1) A person affected by a by-law that was made before the commencement but not forwarded to the Minister under section 63 of the Interpretation Act 1978, as in force immediately before the commencement, may submit the by-law for review by the schemes supervisor.
(2) On receipt of the by-law and the prescribed fee, the schemes supervisor must review it in accordance with section 79AB(4).
(3) The schemes supervisor must, within 28 days of receipt of the by-law:
(a) certify that it complies with the criteria in section 79AB(4); or
(b) refuse to certify it and give the person who submitted it and the corporation written reasons why it does not comply with those criteria.
(4) If the schemes supervisor refuses to certify the by-law under subsection (3)(b):
(a) the by-law may be modified to comply with the criteria and a new by-law submitted to the schemes supervisor in accordance with section 79AB; or
(b) the person may apply to have the decision of the schemes supervisor reviewed by the Tribunal under section 79AD.
(5) A by-law that the schemes supervisor has refused to certify under subsection (3)(b) is invalid if:
(a) no proceedings are commenced to review the refusal by the schemes supervisor within the time allowed under the Northern Territory Civil and Administrative Tribunal Act 2014; or
(b) on review, the Tribunal confirms the refusal by the schemes supervisor and no appeal to the Supreme Court is made within the time allowed under the Northern Territory Civil and Administrative Tribunal Act 2014; or
(c) on appeal from the Tribunal, the Supreme Court confirms the refusal by the schemes supervisor.
(6) Any failure to forward a by-law made under this Act to the Minister in accordance with section 63A(1)(b) of the Interpretation Act 1978 before the commencement does not affect the validity or operation of the by-law or any action taken under it.