Document ID: chunk:federal_register_of_legislation:C2011C00056:clause:1_123ug:p1
Version: federal_register_of_legislation:C2011C00056
Segment Type: clause
Provision Reference: sch 1 cl 123UG (pt 1/2)
Character Range: 44147–46940

123UG  Exempt Northern Territory persons

Each relevant Northern Territory area

 (1) The Secretary may, by written notice given to a person, determine that the person is an exempt Northern Territory person in relation to each relevant Northern Territory area for the purposes of this Part.

 (2) In deciding whether to make a determination under subsection (1), the Secretary must have regard to the following matters:
 (a) the person's family and kinship relationships;
 (b) the area in which the person is usually physically present overnight;
 (c) the area or areas in which the person's assets are located;
 (d) if the person has travelled outside the relevant Northern Territory areas:
 (i) the frequency of that travel; and
 (ii) the duration of that travel; and
 (iii) the reason for that travel;
 (e) the address of the place of residence of the person last known to the Secretary;
 (f) the postal address of the person last known to the Secretary;
 (g) whether the person has been physically present in any of the relevant Northern Territory areas on a temporary basis;
 (h) if the person has been physically present in any of the relevant Northern Territory areas on a temporary basis—the circumstances that resulted in the person being so physically present in the area concerned.

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

 (4) The Minister may, by legislative instrument, determine that a specified person is an exempt Northern Territory person in relation to each relevant Northern Territory area for the purposes of this Part.

          Note: For specification by class, see subsection 13(3) of the Legislative Instruments Act 2003.

 (5) Subsections (1) and (4) do not limit each other.

Specific relevant Northern Territory area

 (6) The Secretary may, by written notice given to a person, determine that the person is an exempt Northern Territory person in relation to a specified relevant Northern Territory area for the purposes of this Part.

 (7) In deciding whether to make a determination under subsection (6), the Secretary must have regard to the following matters:
 (a) the person's family and kinship relationships;
 (b) the area in which the person is usually physically present overnight;
 (c) the area or areas in which the person's assets are located;
 (d) if the person has travelled outside the relevant Northern Territory area:
 (i) the frequency of that travel; and
 (ii) the duration of that travel; and
 (iii) the reason for that travel;
 (e) the address of the place of residence of the person last known to the Secretary;
 (f) the postal address of the person last known to the Secretary;
 (g) whether the person has been physically present in the relevant Northern Territory area on a temporary basis;
 (h) if the