Document ID: chunk:federal_register_of_legislation:C2013C00553:clause:4_16aa
Version: federal_register_of_legislation:C2013C00553
Segment Type: clause
Provision Reference: sch 4 cl 16AA
Character Range: 28702–30135

16AA  Matters to which court to have regard when passing sentence etc.—Northern Territory offences
 (1) In determining the sentence to be passed, or the order to be made, in relation to any person for an offence against a law of the Northern Territory, a court must not take into account any form of customary law or cultural practice as a reason for:
 (a) excusing, justifying, authorising, requiring or lessening the seriousness of the criminal behaviour to which the offence relates; or
 (b) aggravating the seriousness of the criminal behaviour to which the offence relates.
 (2) Subsection (1) does not apply in relation to an offence against the following:
 (a) sections 33, 34 and 35 of the Northern Territory Aboriginal Sacred Sites Act of the Northern Territory;
 (b) paragraph 33(a) of the Heritage Conservation Act of the Northern Territory;
 (c) section 4 of the Aboriginal Land Act of the Northern Territory;
 (d) sections 111, 112 and 113 of the Heritage Act of the Northern Territory;
 (e) any other law prescribed by the regulations that relates to:
 (i) entering, remaining on or damaging cultural heritage; or
 (ii) damaging or removing a cultural heritage object.
 (3) In subsection (1):
criminal behaviour includes:
 (a) any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question; and
 (b) any fault element relating to such a physical element.