EXPLANATORY STATEMENT
Northern Territory National Emergency Response (Community Stores) Instrument 2008 (No. 1)
Summary
Part 7 of the Northern Territory National Emergency Response Act 2007 (the Act) introduces a community store licensing regime. The regime is intended to apply to the operators of community stores in, or for, Indigenous communities, and aims to address concerns in relation to food security and to assist with the implementation of the income management regime.
Businesses that have as one of their main purposes the provision of grocery items and drinks are classified as community stores if they are carried on at premises in a prescribed area, at premises located in an area or place in the Northern Territory specified by the Minister, or at premises in the Northern Territory specified by the Minister.
The Northern Territory National Emergency Response (Community Stores) Instrument 2008 (No. 1) (the Instrument) is made under subsection 123(2) of the Act. The Instrument provides that the premises described in Schedule 1 are premises for the purposes of subparagraph 92(1)(b)(iii) of the Act.
Background
The Australian Government wishes to assist income support recipients living near the premises specified in Schedule 1 with food security.
To this end, all of the stores in Schedule 1 must be licensed as community stores. To make this licensing possible, the premises in Schedule 1 must be specified, by legislative instrument under subsection 123(2) of the Act as premises for the purposes of subparagraph 92(1)(b)(iii) of the Act. The owners of those stores may then apply for a community store licence.
Explanation of the provisions
Section 1 of the Instrument provides that it is called the Northern Territory National Emergency Response (Community Stores) Instrument 2008 (No. 1).
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 premises described in Schedule 1 are premises for the purposes of subparagraph 92(1)(b)(iii) of the Act. This means that the businesses carried on at the premises will be community stores for the purposes of section 92 of the Act and can be individually assessed for a community store license.
To fall within the definition of community store in section 92 a business that is carried on at premises described in Schedule 1 also has 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
The operators of the businesses that are subject to this instrument have been provided with information on the requirements that must be satisfied if a store is to participate in the community store licensing regime. They have been made aware that for their businesses to be considered to be community stores for the purposes of Part 7 of the Act, the premises at which their businesses are carried on need to first be ‘specified’ under the Act.
Overview
The Northern Territory National Emergency Response (Community Stores) Instrument 2008 (No. 1) was enacted to address food security concerns and to facilitate the implementation of the income management regime in Indigenous communities in the Northern Territory. The Instrument was made under subsection 123(2) of the Northern Territory National Emergency Response Act 2007 by the Australian Government, with a policy objective to assist income support recipients living near specific premises with food security. The Instrument specifies the premises in Schedule 1 as those for the purposes of subparagraph 92(1)(b)(iii) of the Act, meaning that businesses located at these premises can be individually assessed for a community store license if they also meet the other requirements set out in section 92 of the Act. Community store operators have been informed of the requirements for their businesses to participate in the licensing regime.
Scope and Application
The Northern Territory National Emergency Response (Community Stores) Instrument 2008 (No. 1) is a legislative instrument made under the Northern Territory National Emergency Response Act 2007. It establishes a community store licensing regime for businesses operating in specified areas within the Northern Territory, particularly those intended to address food security issues among Indigenous communities and support the implementation of the income management regime. This regime applies to businesses that primarily provide grocery items and drinks, provided they are located in areas designated by the Minister for the Northern Territory. These designated areas are outlined in Schedule 1 of the Instrument, which specifies the premises that are considered community store premises for the purposes of the Act. Once these premises are specified, the businesses operating there can apply for a community store licence, provided they meet the criteria stipulated in section 92 of the Act.
The Instrument ensures that the specified stores are recognised as community stores and can be individually assessed for licensing. However, to qualify as a community store, a business must not only be situated in a specified area but also meet other conditions, such as having the primary purpose of selling groceries and drinks and not being excluded under subsection 92(2) of the Act. This legislative instrument extends the application of the Act by detailing the specific locations where the community store licensing regime will be enforced, thus enabling the Australian Government to target its support for food security among income support recipients in the Northern Territory.
Key Provisions
The Northern Territory National Emergency Response (Community Stores) Instrument 2008 (No. 1) provides the framework for the operation of community stores in specified areas within the Northern Territory, as detailed in Schedule 1 of the Instrument (s. 3). These community stores, which are businesses with a primary purpose of providing grocery items and drinks, must be situated in areas designated by the Minister to be eligible for this regime (s. 92(1)(b)(iii)). The primary objective of this legislation is to ensure food security for Indigenous communities and to facilitate the implementation of the income management regime.
The Act imposes certain obligations on the operators of community stores. Firstly, these businesses must be situated in premises that are specified in Schedule 1 and must meet the criteria outlined in section 92 of the Act (s. 92(1)(a), (2)). The store owners must ensure that their businesses are not excluded under subsection 92(2) and that their primary purpose aligns with the provision of groceries and beverages. Additionally, these operators are required to apply for and maintain a community store licence as stipulated by the Act (s. 92).
Failure to comply with the requirements of the Northern Territory National Emergency Response Act 2007 can result in significant consequences. For instance, operating a community store without the requisite licence can lead to legal repercussions. The penalties for breaching these provisions may include fines and other civil or criminal sanctions, although the specific penalties are not detailed within the explanatory statement. The Act is designed to ensure that community stores contribute positively to the objectives of food security and income management within Indigenous communities.