Part IB - Sentencing, imprisonment and release of federal offenders  

Division 2 - General sentencing principles  

SECTION 16AA   Matters to which court to have regard when passing sentence etc. - Northern Territory offences  

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.

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.

In subsection (1):

criminal behaviour

(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.


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