Compilation #2 | Effective 2023-10-18
FRBR Work URI: /akn/au/act/2009/95
This Act may be cited as the Uranium Royalty (Northern Territory) Act 2009.
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.
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.
The following is a simplified outline of this Act:
• This Act imposes a royalty on uranium, and certain other designated substances, recovered in the Northern Territory.
• This Act does so by applying the Mineral Royalty Act 1982 (NT) as a law of the Commonwealth.
In this Act:
applied law means the provisions of a Northern Territory law that apply, in accordance with this Act, as laws of the Commonwealth.
authority of the Northern Territory means any of the following: the Administrator, a Minister or a member of the Executive Council of the Northern Territory; a court of the Northern Territory; a person who holds office as a member of a court of the Northern Territory; a body created by or under a law of the Northern Territory; an officer or employee of the Northern Territory; an officer or employee of a body referred to in paragraph (d).
the Administrator, a Minister or a member of the Executive Council of the Northern Territory;
a court of the Northern Territory;
a person who holds office as a member of a court of the Northern Territory;
a body created by or under a law of the Northern Territory;
an officer or employee of the Northern Territory;
an officer or employee of a body referred to in paragraph (d).
corresponding applied law means an applied law that corresponds to the Northern Territory royalty law.
corresponding Northern Territory royalty law means the Northern Territory royalty law to which the applied law corresponds.
designated substance means a prescribed substance (within the meaning of the Atomic Energy Act 1953) that is: naturally occurring; and obtained or obtainable from land in the Northern Territory by mining, whether carried out under or on the surface of the land; and the property of the Commonwealth; but does not include a substance obtained or obtainable from the Ranger Project Area.
naturally occurring; and
obtained or obtainable from land in the Northern Territory by mining, whether carried out under or on the surface of the land; and
the property of the Commonwealth;
but does not include a substance obtained or obtainable from the Ranger Project Area.
modifications includes additions, omissions and substitutions.
Northern Territory law means:
Note: Section 35 of the Atomic Energy Act 1953 deals with the Commonwealth’s property in prescribed substances.
a law in force in the Northern Territory, whether written or unwritten; or
an instrument made or having effect under a law referred to in paragraph (a);
but does not include a law of the Commonwealth, whether written or unwritten, or an instrument made or having effect under such a law.
Northern Territory royalty law means the following, as in force from time to time: (a) the Mineral Royalty Act 1982 (NT); any other Northern Territory law, to the extent that it is relevant to the operation of the law covered by paragraph (a).
(a) the Mineral Royalty Act 1982 (NT);
any other Northern Territory law, to the extent that it is relevant to the operation of the law covered by paragraph (a).
proceedings means any proceedings, whether civil or criminal and whether original or appellate.
Ranger Project Area means the land described in Schedule 2 to the Aboriginal Land Rights (Northern Territory) Act 1976 as in force immediately before the commencement of this section.
responsible Northern Territory Minister means the Minister of the Northern Territory responsible for the Mineral Royalty Act 1982 (NT).
This Act binds the Crown in each of its capacities.
This Act does not make the Crown liable to be prosecuted for an offence.
In addition to its application apart from this section, each Northern Territory royalty law also applies as a law of the Commonwealth, subject to:
such modifications (if any) as are specified in the regulations; and
the following modifications:
Subsection (1) has effect subject to this Act.
This section does not have effect unless an arrangement is in operation under section 7.
The Minister may make an arrangement with the responsible Northern Territory Minister in relation to the exercise or performance of a power, duty or function (other than a power, duty or function involving the exercise of judicial power) by an authority of the Northern Territory under the applied laws.
If such an arrangement is in force, the power, duty or function may or must, as the case may be, be exercised or performed accordingly.
The Minister may arrange with the responsible Northern Territory Minister for the variation or revocation of an arrangement made under this section.
An arrangement, variation or revocation under this section must be made by instrument in writing.
(5) A copy of an instrument under subsection (4) must be published in the Gazette.
Section 6 does not operate so as to impose a tax.
Section 6 does not operate so as to appropriate any public money of the Northern Territory.
Section 6 does not operate so as to confer the judicial power of the Commonwealth on a court, tribunal, authority or officer of the Northern Territory.
Note: See also section 12.
Section 6 does not operate so as to confer on a court of the Northern Territory a power that cannot, under the Constitution, be conferred by the Parliament on such a court.
Jurisdiction is conferred on the courts that have jurisdiction in the Northern Territory in all matters arising out of the applied laws.
Jurisdiction is conferred under subsection (1) within the limits of the jurisdiction of the court (whether those limits are limits as to subject matter or otherwise).
Subject to this Act:
(a) any proceedings under an applied law (core proceedings) must be instituted and conducted in the same manner as though they were proceedings under the corresponding Northern Territory royalty law; and
any other proceedings in relation to the core proceedings (including declining to proceed further in a prosecution) must also be taken as though the core proceedings were proceedings under the corresponding Northern Territory royalty law.
The trial on indictment of an offence against an applied law must be by jury.
Scope
This section applies if a person is convicted under an applied law.
Powers and functions
An authority of the Northern Territory may exercise or perform the same powers and functions in relation to the convicted person as the authority would have been empowered to exercise or perform under the laws of the Northern Territory if the offence had been an offence against a law of the Northern Territory.
This section does not affect a power or function of the Governor-General.
Subject to this Act, the following Commonwealth laws:
(a) the Acts Interpretation Act 1901;
(b) Chapter 2 of the Criminal Code;
a prescribed Commonwealth law;
do not apply in relation to:
an applied law; or
anything done under an applied law.
Subsection (1) has effect subject to any modifications prescribed by the regulations.
To the extent that:
a Commonwealth law applies to a Northern Territory royalty law, or to things done under a Northern Territory royalty law; and
there is a corresponding applied law;
the Commonwealth law also applies to the applied law and to things done under the corresponding applied law.
If:
a law of the Commonwealth (other than an applied law) contains a reference to a Northern Territory royalty law; and
an applied law corresponds to the Northern Territory royalty law;
then the reference is taken to include a reference to the applied law.
(1) If an amount (the received amount) is received by the Commonwealth under an applied law, the Commonwealth must pay to the Northern Territory an amount equal to the received amount.
Recoupment of refunded amounts
The payment of the amount to the Northern Territory is subject to the condition that, if the whole or a part of the received amount is refunded under the applied law, the Northern Territory will pay to the Commonwealth an amount equal to the amount refunded.
Amounts payable by the Commonwealth under the applied law or this Act are to be paid out of the Consolidated Revenue Fund, which is appropriated accordingly.
The Governor-General may make regulations prescribing matters:
required or permitted by this Act to be prescribed; or
necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history