EXPLANATORY STATEMENT
Northern Territory National Emergency Response (Community Store—Napperby Station) Instrument 2007
Summary
The Northern Territory National Emergency Response Act 2007 (the Act) provides for a licensing regime that may be applicable to persons who operate community stores in the Northern Territory. Businesses that have as one of their main purposes the provision of grocery items and drinks are classified as a community store if they are carried on at premises in a prescribed area, at premises located in an area or place in the Northern Territory or at specified premises in the Northern Territory specified by the Minister.
The Northern Territory National Emergency Response (Community Store—Napperby Station) Instrument 2007 (the Instrument) is made under subsection 123(1) of the Northern Territory National Emergency Response Act 2007 (the Act). The Instrument provides that the place known as Napperby Station is a place for the purposes of subparagraph 92(1)(b)(ii) of the Act.
Background
Members of the Laramba community have a choice of doing their food and grocery shopping at either the Laramba community store or the nearby store on Napperby Station.
Napperby Station is not a prescribed area under the Act and so any business carried on at the Station cannot be classified as a community store. To enable the store at Napperby Station to be assessed for a community store licence Napperby Station 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.
Explanation of the provisions
Section 1 of the Instrument provides that it is called the Northern Territory National Emergency Response (Community Store—Napperby Station) Instrument 2007.
Section 2 provides that the Instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 provides that the place known as Napperby Station (Certificate of Title Volume 652 Folio 329 being N.T. Portion 00748 from plan S 2002/011) is a place for the purposes of subparagraph 92(1)(b)(ii) of the Act. This means that the store on Napperby Station could be a community store for the purposes of section 92 of the Act and can be assessed for a community store licence.
To fall within the definition of community store in section 92 a business that is carried on at Napperby Station would also 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).
Consultation and Regulatory Impact Analysis
The Northern Territory Operations Centre and the operators of the store at Napperby Station were consulted in relation to this Instrument. No further consultation in relation to the Instrument was undertaken because this legislative instrument is of a minor nature that does not substantially alter existing arrangements.