Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 this Part continues to apply in relation to that area, after the revocation or variation takes effect, in relation to things done, or omitted to be done, before the revocation or variation takes effect.