EXPLANATORY STATEMENT
Northern Territory National Emergency Response
(Availability of Defences) Declaration 2007 (No. 1)
Summary
The Northern Territory National Emergency Response Act 2007 (the Emergency Response Act) provides for special emergency measures to apply in prescribed areas. Division 2 of Part 2 of the Emergency Response Act provides for certain alcohol-related measures to apply in relation to prescribed areas.
The term prescribed area is defined in section 4 of the Emergency Response Act.
Section 12 of the Emergency Response Act deals with offences in relation to the consumption, possession, supply and transportation of liquor in, and in relation to, prescribed areas. Section 12 contains some defences to those offences, including subsections 12(3A), (3C), (5A) and (5C), which provide certain defences in relation to tourism operations in national parks and other areas if declared. Subsection 12(8A) provides that the Commonwealth Minister may declare that the defences under subsections 12(3A), (3C), (5A) or (5C) are available in relation to a specified area of land or waters in a prescribed area.
The Northern Territory National Emergency Response (Availability of Defences) Declaration 2007 (No. 1) (the Declaration) provides that Endyalgout Island, which is located on the western side of the Cobourg Peninsula, is an area in relation to which a defence under subsections 12(3A), (3C), (5A) or (5C) is available.
The intended effect is that where a person is participating in recreational activities at Endyalgout Island that were organised by a business that consists of, or includes, operating tours for tourists the defences under subsections 12(3A), (3C), (5A) and (5C) would be available to the person in relation to those activities.
Commencement date
The Declaration is stated to commence on 3 October 2007, meaning that it will operate retrospectively. Subsection 12(2) of the Legislative Instruments Act 2003 provides that an instrument will have no effect if, at the date of registration, the rights of a person (other than the Commonwealth) would be disadvantaged, or liabilities would be imposed on a person (other than the Commonwealth), in respect of anything done or omitted to be done before the date of registration.
No liabilities are imposed on a person as a result of the Declaration having a retrospective commencement date. Nor are the rights of any person affected so as to cause disadvantage.
Explanation of the provisions
Section 1 of the Declaration provides that it is called the Northern Territory National Emergency Response (Availability of Defences) Declaration 2007 (No. 1).
Section 2 provides that the Declaration commences on 3 October 2007.
Section 3 provides that Endyalgout Island, located on the western side of the Cobourg Peninsula, is a specified area in a prescribed area in relation to which a defence under subsections 12(3A), (3C), (5A) or (5C) is available.
Consultation
Consultation was undertaken with the Land Records Unit in the Northern Territory Government Department of Planning and Infrastructure and the Indigenous Information and Analysis Section in the Australian Government Department of Families, Community Services and Indigenous Affairs.