EXPLANATORY STATEMENT
Northern Territory National Emergency Response (Community Store—Finke or Apatula) Instrument 2007
The Northern Territory National Emergency Response (Community Store—Finke or Apatula) Instrument 2007 (the Instrument) is made under subsection 123(1) of the Northern Territory National Emergency Response Act 2007 (the Act).
Purpose
The purpose of the Instrument is to specify that the place known as Finke or Apatula is a place for the purposes of subparagraph 92(1)(b)(ii) of the Act.
The effect is that a business that is carried on at the place known as Finke or Apatula may be considered to be a community store within the meaning of section 92 of the Act.
To fall within the definition of community store in section 92 a business that is carried on at Finke or Apatula would have to satisfy the other requirements set out in section 92, namely, that one of the main purposes of the business is the provision of grocery items and drinks (paragraph 92(1)(a)) and that the business is not a business mentioned in subsection 92(2) (which specifies businesses that are not community stores).
Background
The Australian Government wishes to expand the income management regime to include income support recipients in the indigenous community of Finke (which is also known as Apatula).
In order for this expansion to occur the community store at Finke or Apatula must be licensed. To make this licensing possible, the place of Finke or Apatula must be specified, by legislative instrument under subsection 123(1) of the Act as a place for the purposes of subparagraph 92(1)(b)(ii) of the Act.
Consultation and Regulatory Impact Analysis
No consultation in relation to the Instrument was undertaken because this legislative instrument is of a minor or machinery nature that does not substantially alter existing arrangements. In addition the Instrument was required to be made as a matter of urgency.
Overview
The Northern Territory National Emergency Response (Community Store—Finke or Apatula) Instrument 2007 was enacted to address the need for the Finke or Apatula community store to be recognised under the Northern Territory National Emergency Response Act 2007. This legislation was introduced to specify Finke or Apatula as a location for the purposes of the Act, thereby enabling the store to potentially qualify as a community store. The Act was enacted by the Parliament of Australia and the policy objective is to expand the income management regime to include income support recipients in the Finke community. This expansion is contingent on the Finke or Apatula community store being appropriately licensed, a requirement that hinges on the community store's location being formally recognised under the Act. The urgency and minor nature of the legislative instrument meant that no consultation was undertaken.
Scope and Application
The Northern Territory National Emergency Response (Community Store—Finke or Apatula) Instrument 2007 applies to the specific place known as Finke or Apatula, identifying it as a location eligible for the purposes of the Northern Territory National Emergency Response Act 2007. This legislation aims to facilitate the licensing of a community store in Finke or Apatula, thereby allowing the Australian Government to extend the income management regime to include income support recipients in the indigenous community. The Act applies to businesses operating in Finke or Apatula that meet the criteria of a community store as defined in section 92 of the Act. Such businesses must primarily provide grocery items and drinks and must not fall under the exclusions specified in subsection 92(2). The geographic reach of this legislation is limited to the Northern Territory, where it applies to any entity or individual conducting business in the specified community of Finke or Apatula. The Instrument was made under the authority of subsection 123(1) of the Act and does not include any exclusions, exemptions, or thresholds beyond what is specified in the Act itself. Subordinate instruments may further define or refine the application of the Act, although the current Instrument does not introduce new exclusions or thresholds.
Key Provisions
The Northern Territory National Emergency Response (Community Store—Finke or Apatula) Instrument 2007 specifies Finke or Apatula as a designated place under section 92(1)(b)(ii) of the Northern Territory National Emergency Response Act 2007 (the Act). This designation means that businesses operating in Finke or Apatula may qualify as community stores, provided they meet the criteria outlined in section 92 of the Act. Specifically, the business must primarily provide grocery items and drinks and not fall under the exclusions listed in subsection 92(2).
The Instrument imposes certain obligations on businesses operating in Finke or Apatula. To be considered a community store, these businesses must ensure that their primary function aligns with the provision of grocery items and drinks, and they must not be excluded under subsection 92(2). This includes adhering to any additional requirements or regulations set out by the Act, which may involve obtaining a license to operate as a community store. Compliance with these conditions is essential for businesses to benefit from the provisions outlined in the Act.
Breach of the conditions set out in the Act or the Instrument can result in various consequences. While the Explanatory Statement does not specify the exact nature of these consequences, it is reasonable to infer that non-compliance could lead to legal repercussions, including fines or other penalties. The exact penalties would depend on the specific breach and any related provisions in the Act. Businesses are thus required to ensure strict adherence to the regulations to avoid any adverse legal outcomes.
In summary, the Instrument designates Finke or Apatula as a place for the purposes of the Act, allowing businesses there to qualify as community stores if they meet the criteria. These businesses must operate primarily in the provision of grocery items and drinks and not fall under the exclusions. Non-compliance with these requirements could lead to penalties, although the specifics are not detailed in the Explanatory Statement.