Northern Territory National Emergency Response (Other Areas - Daly River Region) Declaration 2009 (No. 1)

Overview

The Northern Territory National Emergency Response (Other Areas – Daly River Region) Declaration 2009 (No. 1) was enacted to amend the Northern Territory National Emergency Response Act 2007, providing flexibility in the application of special emergency measures in certain areas around the Daly River. These measures, initially intended to address specific issues such as the sale and consumption of alcohol, the auditing of publicly funded computers, and the licensing of community stores, were not deemed necessary or appropriate for all regions within the Northern Territory. The declaration specifies that certain areas around the Daly River are excluded from the prescribed areas covered by the Emergency Response Act, thereby exempting these regions from the stringent measures. This legislative action was introduced to address the need for tailored responses in different regional contexts, ensuring that the special measures are applied where most needed while providing flexibility where less stringent measures are more appropriate. The declaration was prepared following consultations with various stakeholders, including the Amateur Fishermen’s Association Northern Territory, Malak Malak Land Trust, local land and business owners, the Northern Land Council, NT Department Health and Families, NT Department Justice, NT Police, the relevant Government Business Manager, and the Commercial and Indigenous Law Branch of FaHCSIA. Notably, no objections were raised by the consulted parties, reflecting a consensus on the need for a nuanced approach to the application of emergency response measures in the Northern Territory.

Scope and Application

The Northern Territory National Emergency Response (Other Areas – Daly River Region) Declaration 2009 (No. 1) applies to specific areas around the Daly River in the Northern Territory, which are identified as not being prescribed areas under the Northern Territory National Emergency Response Act 2007. This declaration effectively exempts these particular regions from the special emergency measures that would otherwise apply in prescribed areas, which include restrictions on the sale and consumption of alcohol, mandatory audits of publicly funded computers, and the licensing of community stores. The application of this declaration is limited to the Northern Territory and is governed by the definitions and provisions of the Emergency Response Act. The measures are not applicable to the areas specified in the Schedule of the Declaration, thereby providing a tailored approach to address specific community needs and circumstances within the broader framework of the emergency response legislation. The geographic scope of this declaration is confined to the Northern Territory, and any exclusions or exemptions from the emergency measures are explicitly defined within the parameters of the Declaration and the overarching Act.

Key Provisions

The Northern Territory National Emergency Response (Other Areas – Daly River Region) Declaration 2009 (No. 1) primarily focuses on altering the scope of areas subject to the Northern Territory National Emergency Response Act 2007 (Emergency Response Act) (sections 1, 2, and 3). The declaration specifies that certain areas around the Daly River are excluded from the definition of 'prescribed area' under the Emergency Response Act. This exclusion means that the special emergency measures—which include restrictions on alcohol sales and consumption, requirements for auditing publicly funded computers, and licensing for community stores—do not apply in these specified areas. Under the declaration, the obligations for the Commonwealth Minister and other relevant parties involve ensuring that the areas listed in Schedule 1 are correctly identified and that these areas are not subject to the special emergency measures outlined in the Emergency Response Act. The Commonwealth Minister, as per section 4(4)(a) of the Emergency Response Act, has the authority to exclude certain areas from being considered prescribed areas, thereby exempting them from the special measures. It is also crucial for the relevant authorities to communicate and enforce this exclusion effectively to avoid any confusion or overlap in the application of the Emergency Response Act. There are no specific offences, penalties, or civil/criminal consequences outlined in the declaration itself. However, the Emergency Response Act contains provisions for offences and penalties. For instance, breaches of the alcohol restrictions or failure to comply with the computer audit requirements can result in civil penalties. Additionally, any actions that contravene the licensing requirements for community stores may also be subject to penalties under the Act. The maximum penalties for such offences are detailed in the respective sections of the Emergency Response Act, which can include fines and other sanctions as prescribed by law.