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.
Overview
The Northern Territory National Emergency Response (Availability of Defences) Declaration 2007 (No. 1) was enacted to provide for the availability of certain defences under the Northern Territory National Emergency Response Act 2007 in specified areas. This legislation was introduced to address the need for special emergency measures in prescribed areas, particularly in relation to alcohol-related offences. The Northern Territory National Emergency Response Act 2007 was enacted by the Australian Parliament to provide for special emergency measures in the Northern Territory, including restrictions on the possession, consumption, supply and transportation of alcohol in certain areas. The policy objective of the Northern Territory National Emergency Response Act 2007 is to improve the welfare of Aboriginal people in the Northern Territory by addressing alcohol-related issues. The Northern Territory National Emergency Response (Availability of Defences) Declaration 2007 (No. 1) provides that Endyalgout Island is a specified area in a prescribed area in relation to which a defence under subsections 12(3A), (3C), (5A) or (5C) is available. This means that individuals participating in recreational activities at Endyalgout Island that were organised by a business that consists of, or includes, operating tours for tourists would be able to avail themselves of the defences under subsections 12(3A), (3C), (5A) and (5C) in relation to those activities. The Declaration has a retrospective commencement date of 3 October 2007, and consultation was undertaken with relevant government departments prior to its enactment.
Scope and Application
The Northern Territory National Emergency Response (Availability of Defences) Declaration 2007 (No. 1) applies to individuals participating in recreational activities on Endyalgout Island, which is situated on the western side of the Cobourg Peninsula. The Act provides certain defences to offences related to alcohol consumption, possession, supply, and transportation in prescribed areas, as outlined in the Northern Territory National Emergency Response Act 2007. The defences under subsections 12(3A), (3C), (5A) and (5C) are particularly relevant for individuals participating in activities organised by businesses that include operating tours for tourists. This declaration specifically aims to make these defences available for activities on Endyalgout Island. The scope of the Act extends to the Commonwealth jurisdiction, as it is an instrument made under the Emergency Response Act, and it has a retrospective commencement date of 3 October 2007, ensuring that no liabilities or rights are adversely affected prior to this date.
Key Provisions
The Northern Territory National Emergency Response (Availability of Defences) Declaration 2007 (No. 1) provides that specific defences under subsections 12(3A), (3C), (5A), and (5C) of the Northern Territory National Emergency Response Act 2007 are available in relation to certain activities on Endyalgout Island, located on the western side of the Cobourg Peninsula. These defences pertain to the consumption, possession, supply, and transportation of liquor within the specified areas, offering exemptions for individuals involved in tourism operations or recreational activities organised by businesses that include tour operations for tourists (s. 3). The declaration is set to operate retrospectively from 3 October 2007, meaning it applies to actions taken before this date as well (s. 2). This commencement date ensures that there are no disadvantages to the rights of any individual or imposition of liabilities for actions occurring prior to the declaration's enactment.
The obligations imposed by this declaration are primarily on the businesses that operate tours for tourists in the specified areas of Endyalgout Island. These businesses must ensure compliance with the provisions outlined in the Northern Territory National Emergency Response Act 2007, particularly the defences available under subsections 12(3A), (3C), (5A), and (5C) (s. 3). It is also the responsibility of individuals participating in recreational activities organised by these businesses to understand and comply with the legislative requirements concerning the consumption, possession, supply, and transportation of liquor. The declaration aims to provide a legal framework that protects legitimate tourism activities while addressing the broader concerns of alcohol-related measures in the prescribed areas.
The Northern Territory National Emergency Response Act 2007 establishes offences related to the consumption, possession, supply, and transportation of liquor in the prescribed areas, including Endyalgout Island (s. 12). Breaches of these provisions can result in criminal consequences, with penalties varying according to the severity of the offence. The Act does not specify maximum penalties in the explanatory statement, but typically, such offences could result in fines and potential imprisonment. Additionally, any failure by businesses to comply with the obligations outlined in the declaration could lead to civil consequences, including fines and other sanctions imposed by relevant authorities. It is important for all parties involved to adhere to the legal requirements to avoid these potential repercussions.