Document ID: chunk:federal_register_of_legislation:C2025C00114:section:100a:p1
Version: federal_register_of_legislation:C2025C00114
Segment Type: section
Provision Reference: s 100A (pt 1/2)
Character Range: 184664–187457

100A  Prohibited material areas
 (1) The Indigenous Affairs Minister may, by legislative instrument, determine that an area in the Northern Territory is a prohibited material area.
 (2) The Indigenous Affairs Minister may, by legislative instrument, revoke or vary a determination under subsection (1).
 (3) The Indigenous Affairs Minister may make a determination under subsection (1) or (2):
 (a) on the Indigenous Affairs Minister's own initiative; or
 (b) following a request made to the Indigenous Affairs Minister by, or on behalf of, a person who is ordinarily resident in the area to which the determination relates.

Community consultation
 (4) Before making a determination under subsection (1) or (2) in relation to an area, the Indigenous Affairs Minister must ensure that:
 (a) information setting out:
 (i) the proposal to make the determination; and
 (ii) an explanation, in summary form, of the consequences of the making of the determination;
  has been made available in the area; and
 (b) people living in the area have been given a reasonable opportunity to make submissions to the Indigenous Affairs Minister about:
 (i) the proposal to make the determination; and
 (ii) the consequences of the making of the determination; and
 (iii) their circumstances, concerns and views, so far as they relate to the proposal.
 (5) A failure to comply with subsection (4) does not affect the validity of a determination under subsection (1) or (2).

Criteria for making a determination
 (6) In making a determination under subsection (1) or (2) in relation to an area, the Indigenous Affairs Minister must have regard to the following matters:
 (a) the object of this Part (see section 98A);
 (b) the wellbeing of people living in the area;
 (c) whether there is reason to believe that people living in the area have been the victims of violence or sexual abuse;
 (d) the extent to which people living in the area have expressed their concerns about being at risk of violence or sexual abuse;
 (e) whether there is reason to believe that children living in the area have been exposed to prohibited material;
 (f) the extent to which people living in the area have expressed the view that their wellbeing will be improved if this Part continues to apply in relation to the area;
 (g) any submissions of the kind referred to in paragraph (4)(b);
 (h) the views of relevant law enforcement authorities;
 (i) any other matter that the Indigenous Affairs Minister considers relevant.
 (7) If:
 (a) the Indigenous Affairs Minister makes a determination under subsection (1) in relation to an area; and
 (b) under subsection (2), the Indigenous Affairs Minister:
 (i) revokes the determination; or
 (ii) varies the determination so that the area is no longer a prohibited material area;
then