EXPLANATORY STATEMENT
Northern Territory National Emergency Response (Community Stores – Stirling Cattle Station Store) Instrument 2010 (No. 1)
Summary
Part 7 of the Northern Territory National Emergency Response Act 2007 (the Act) introduced 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 – Stirling Cattle Station Store) Instrument 2010 (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 Stirling Cattle Station Store is located next to the Wilora Aboriginal Community which is 250 kilometres north of Alice Springs. There is no community store at the Wilora community, or in the region. The Australian Government wishes to assist income support recipients living near the premises specified in Schedule 1 with food security.
To this end, it is proposed that the store listed in Schedule 1 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 – Stirling Cattle Station Store) Instrument 2010 (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 licence.
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. No further consultation in relation to the Instrument was undertaken because this Instrument is of a minor or machinery nature that does not substantially alter existing arrangements.
Overview
The Northern Territory National Emergency Response (Community Stores – Stirling Cattle Station Store) Instrument 2010 (No. 1) was introduced to address a gap in the Northern Territory National Emergency Response Act 2007 by providing a licensing regime for community stores in Indigenous communities. This legislation aims to enhance food security and facilitate the implementation of income management policies. Enacted by the Australian Government, the primary policy objective of this instrument is to assist income support recipients near the Stirling Cattle Station Store, which is located adjacent to the Wilora Aboriginal Community, by ensuring that the store can be licensed as a community store under the Act. The instrument specifies the premises for the purposes of the Act, enabling the store to be individually assessed for a community store licence.
The explanatory statement for the instrument indicates that the Stirling Cattle Station Store, located 250 kilometres north of Alice Springs, is intended to support the nearby Wilora community, which lacks a community store. By specifying the premises of the store, the instrument aims to provide a legal framework for the store to participate in the community store licensing regime, thereby contributing to food security and the broader objectives of the Act. The instrument, made under subsection 123(2) of the Act, was deemed minor or of a machinery nature, hence no further consultation was conducted beyond informing the store operators of the requirements.
Scope and Application
The Northern Territory National Emergency Response (Community Stores – Stirling Cattle Station Store) Instrument 2010 (No. 1) is a legislative instrument that aims to facilitate the operation of a community store in the Wilora Aboriginal Community, located 250 kilometres north of Alice Springs. The Instrument is designed to support the objectives of the Northern Territory National Emergency Response Act 2007 by addressing food security and aiding in the implementation of the income management regime. This legislation applies to businesses primarily providing grocery items and drinks at specified premises in the Northern Territory, specifically those outlined in Schedule 1. The Instrument ensures that the Stirling Cattle Station Store is recognised as a community store under section 92 of the Act, thereby allowing its operators to apply for a community store licence. The Act's application is limited to entities whose primary purpose is to sell groceries and drinks within the designated areas in the Northern Territory, as specified by the Minister. The legislation does not explicitly state exclusions or exemptions, but it relies on the broader criteria outlined in the Act, which excludes certain businesses from being classified as community stores. The application of the Act may be extended or further defined through subordinate instruments as necessary.
Key Provisions
The Northern Territory National Emergency Response (Community Stores – Stirling Cattle Station Store) Instrument 2010 (No. 1) specifies certain premises as eligible for classification as community stores under the Northern Territory National Emergency Response Act 2007 (the Act). Specifically, section 3 of the Instrument states that the premises described in Schedule 1 are considered premises for the purposes of subparagraph 92(1)(b)(iii) of the Act (section 3). This classification allows the business operating on these premises to be assessed for a community store licence. To qualify as a community store, the business must also meet the other criteria outlined in section 92 of the Act, such as having one of its main purposes as the provision of grocery items and drinks, and not being one of the businesses specifically excluded under subsection 92(2).
The obligations imposed by the Act on the entities it governs include the requirement for businesses meeting the definition of a community store to apply for a community store licence. This is necessary for the business to legally operate as a community store. The Act also requires these businesses to adhere to the conditions and standards set forth in the licensing regime, which are intended to address food security and support the income management regime. The owners or operators of these stores must ensure their business complies with all licensing requirements and maintain proper documentation and records as stipulated by the Act.
Failure to comply with the provisions of the Act or the conditions of a community store licence can result in various consequences. Under the Act, breaches may lead to administrative actions such as licence suspension or revocation, fines, or other penalties. The specific penalties for breaches are determined by the nature and severity of the offence. For instance, civil penalties may include fines up to a specified amount as determined by the Act, while more severe breaches may result in criminal charges with penalties including imprisonment. The exact penalties are outlined in the relevant sections of the Act and are subject to the jurisdiction and discretion of the relevant authorities.