EXPLANATORY STATEMENT
Northern Territory National Emergency Response (Other Areas) Declaration 2008 (No. 4)
Summary
The Northern Territory National Emergency Response Act 2007 (the Emergency Response Act) provides for special emergency measures to apply in prescribed areas. The term ‘prescribed area’ is defined in section 3 of the Emergency Response Act and covers the areas set out in subsection 4(2). Paragraph 4(4)(b) provides that the Commonwealth Minister may declare that an area in the Northern Territory that is not covered by subsection 4(2) is a prescribed area.
The special emergency response measures set out in the Emergency Response Act relate to the sale and consumption of alcohol, the requirement to audit publicly funded computers and the licensing of community stores. Additional measures dealing with prohibited material, in Part 10 of the Classification (Publications, Films and Computer Games) Act 1995, also apply in prescribed areas.
Another measure, relating to the income management regime as introduced in the Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007, can be activated in a prescribed area by a declaration under subsection 123TE(1) of that Act.
NT Portion 1068 which is within the township of Yuendumu is not a prescribed area, because it does not fall within the definition of Aboriginal land used in section 4 of the Emergency Response Act. This declaration makes that Portion a prescribed area.
Explanation of the provisions
Section 1 of the Declaration provides that it is called the Northern Territory National Emergency Response (Other Areas) Declaration 2008 (No. 4).
Section 2 provides that the Declaration commences on the day after it is registered on the Federal Register of Legislative Instruments.
Section 3 of the Declaration provides that the area listed in Schedule 1 is a ‘prescribed area’ for the purposes of the Emergency Response Act.
Schedule 1 provides that a Portion of land in the locality of Yuendumu is a prescribed area.
Consultation
No consultation has been undertaken as the site is wholly within a prescribed area and has generally believed by the community to already be prescribed. It is only due to a technicality that this small parcel of the community is not currently prescribed.
Overview
The Northern Territory National Emergency Response (Other Areas) Declaration 2008 (No. 4) was introduced to address a technicality in the Northern Territory National Emergency Response Act 2007, which inadvertently omitted a specific portion of land within the locality of Yuendumu from the list of prescribed areas. The legislation was enacted by the Commonwealth Minister to rectify this oversight, ensuring that the special emergency response measures intended to cover certain areas within the Northern Territory are uniformly applied. The Northern Territory National Emergency Response Act 2007 aims to provide special emergency measures in prescribed areas, and by declaring NT Portion 1068 within Yuendumu a prescribed area, the legislation ensures continuity and consistency in the application of these measures. The declaration came into effect the day after its registration on the Federal Register of Legislative Instruments, highlighting the urgency and importance of addressing this gap.
Scope and Application
The Northern Territory National Emergency Response (Other Areas) Declaration 2008 (No. 4) extends the application of the Northern Territory National Emergency Response Act 2007 to a specific area within the locality of Yuendumu, which had not previously been considered a prescribed area due to a technicality. This declaration applies to the defined portion of land and its residents, thereby subjecting them to the special emergency measures outlined in the Emergency Response Act. These measures include restrictions on alcohol sale and consumption, mandatory auditing of publicly funded computers, and the licensing of community stores. Additionally, the declaration allows for the activation of the income management regime, which was introduced by the Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007. The declaration came into effect on the day following its registration on the Federal Register of Legislative Instruments, and no consultation was undertaken as the area was already widely perceived to be under the Emergency Response Act’s purview.
Key Provisions
The Northern Territory National Emergency Response (Other Areas) Declaration 2008 (No. 4) (the Declaration) operates under the authority of the Northern Territory National Emergency Response Act 2007 (the Emergency Response Act). Section 3 of the Declaration designates a specific portion of land within the locality of Yuendumu as a ‘prescribed area’ for the purposes of the Emergency Response Act. This area, identified in Schedule 1, had not previously been considered a prescribed area, despite being within the broader scope of emergency measures intended to address issues such as alcohol management, computer auditing, and community store licensing in the Northern Territory.
The obligations and requirements imposed by the Emergency Response Act on parties within the prescribed areas include restrictions on the sale and consumption of alcohol, mandatory audits of publicly funded computers, and licensing requirements for community stores. Additionally, measures concerning prohibited materials, outlined in Part 10 of the Classification (Publications, Films and Computer Games) Act 1995, apply to these areas. The Declaration specifically activates an income management regime in the designated area, pursuant to subsection 123TE(1) of the Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007. These measures are intended to provide a framework for community welfare and safety within the prescribed areas.
Under the Emergency Response Act, breaches of the provisions outlined in the Declaration can lead to both criminal and civil consequences. The specific offences, penalties, and consequences are detailed within the Emergency Response Act itself. Penalties may vary depending on the nature and severity of the breach but can include fines and imprisonment for criminal offences. Civil penalties may also apply, depending on the breach's impact and the specific regulatory provisions contravened. The maximum penalties are set out in the relevant sections of the Emergency Response Act, which must be adhered to within the prescribed areas.