Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 1989 (NT);
(c) section 4 of the Aboriginal Land Act 1978 (NT);
(d) sections 111, 112 and 113 of the Heritage Act 2011 (NT);
(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.