EXPLANATORY STATEMENT
Northern Territory National Emergency Response (Community Stores – Maryvale Station Store) Instrument 2009 (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 – Maryvale Station Store) Instrument 2009 (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 a community store. 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 that store 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 – Maryvale Station Store) Instrument 2009 (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 business carried on at the premises will be a community store 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 business that is 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 business to be considered to be a community store for the purposes of Part 7 of the Act, the premises at which their business is carried on needs to first be ‘specified’ under the Act.
Overview
The Northern Territory National Emergency Response (Community Stores – Maryvale Station Store) Instrument 2009 (No. 1) was introduced to address issues related to food security and the implementation of the income management regime within Indigenous communities in the Northern Territory. This legislation is an instrument under the Northern Territory National Emergency Response Act 2007 (the Act), which established a community store licensing regime aimed at improving food security and supporting income management for Indigenous communities. The Act was enacted by the Australian Parliament to respond to national emergency measures in the Northern Territory. The policy objective of this particular instrument is to ensure that specific premises, as detailed in Schedule 1, are recognised as community store premises for the purposes of the Act, thereby facilitating the licensing of these stores to better serve the needs of local Indigenous communities.
Scope and Application
The Northern Territory National Emergency Response (Community Stores – Maryvale Station Store) Instrument 2009 (No. 1) is a legislative instrument made under the Northern Territory National Emergency Response Act 2007. It applies specifically to the operators of community stores in, or for, Indigenous communities within the Northern Territory, focusing on those premises that are described in Schedule 1. The primary aim of this legislation is to establish a community store licensing regime that addresses food security issues and supports the implementation of the income management regime. To be classified as a community store, a business must have as one of its main purposes the provision of grocery items and drinks, and must be carried on at premises in a prescribed area or at premises specified by the Minister. The Instrument ensures that the specified premises in Schedule 1 are recognised as community store premises for the purposes of the Act, thereby enabling the operators to apply for a community store licence.
The Instrument is a specific application of the broader community store licensing regime introduced by Part 7 of the Act. While the Act applies to all community stores in the Northern Territory, this particular Instrument focuses on the Maryvale Station Store. There are no stated exclusions or exemptions within the Instrument itself, although the Act may contain provisions that apply more broadly. The application of the Act and the Instrument is limited to the Northern Territory, and any further extensions or restrictions of application would be addressed through subordinate instruments or amendments to the Act.
Key Provisions
The Northern Territory National Emergency Response (Community Stores – Maryvale Station Store) Instrument 2009 (No. 1) (the Instrument) is a legislative instrument that aims to facilitate the licensing of community stores within the Northern Territory. The Instrument is made under subsection 123(2) of the Northern Territory National Emergency Response Act 2007 (the Act) and specifies the premises in Schedule 1 as being premises for the purposes of subparagraph 92(1)(b)(iii) of the Act (section 3). This means that businesses operating at these specified premises can be considered as community stores under section 92 of the Act, provided they meet the other requirements set out in section 92, such as having the provision of grocery items and drinks as one of their main purposes.
The Instrument outlines a clear pathway for the operators of businesses at the specified premises to obtain a community store licence. To qualify as a community store, the business must not only be located at one of the specified premises but also meet the criteria outlined in section 92(1)(a) and section 92(2) of the Act. Essentially, the business must have the primary objective of providing grocery items and drinks and must not fall under the exclusions listed in subsection 92(2). Once the premises are specified under the Act, the owners of the store can apply for a community store licence.
The Instrument imposes certain obligations on the parties it governs. Store operators must ensure that their premises are specified under the Act as per Schedule 1. They must also meet the additional criteria set out in section 92 of the Act. This involves ensuring that the business primarily provides grocery items and drinks and does not fall within the exclusions of subsection 92(2). Furthermore, the Instrument requires that store operators provide relevant information and documentation to demonstrate compliance with the requirements for obtaining a community store licence.
Failure to comply with the provisions of the Act and the Instrument can result in various consequences. While the Instrument itself does not detail specific penalties, the overarching Act provides for potential penalties for breaches of its provisions. These can include fines and other sanctions for non-compliance, as stipulated in the Act. The exact penalties would depend on the nature and severity of the breach, but they are intended to enforce the requirements and ensure the proper implementation of the community store licensing regime.