Northern Territory (Self-Government) Amendment Regulation 2013 (No. 1)

Administered by Department of Regional Australia, Local Government, Arts and Sport

Legislation au F2013L01572 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Select Legislative Instrument 2013 No. 226

 

Issued by the authority of  the Minister for Regional Australia, Local Government and Territories

 

Subject - Northern Territory (Self-Government) Act 1978

 

  Northern Territory (Self-Government) Amendment Regulation 2013 (No. 1)

 

The Northern Territory (Self-Government) Act 1978 (the Act) provides for the Government of the Northern Territory of Australia, and for related purposes.

 

Section 55 of the Act provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

 

Subregulation 4(1) of the Northern Territory (Self-Government) Regulations 1978 (the Principal Regulations) outlines matters in respect of which Ministers of the Northern Territory have executive authority under section 35 of the Act.

One of the matters in subregulation 4(1) for which Ministers have executive authority states: “Courts (including the procedures of the courts and the remuneration of the judiciary but not including the construction, at Alice Springs, of buildings for use by superior courts)”.

 

The Regulation will amend the Principal Regulations to remove the reference to the construction of the court buildings at Alice Springs.

 

The limitation in the subregulation was initially included in the Principal Regulations to ensure that the Commonwealth retained responsibility for completion of construction of the superior court buildings in Alice Springs, underway but not yet complete, at the time the Principal Regulations were made.

 

The wording in the Principal Regulations could have been read as limiting the authority of Ministers of the Northern Territory with respect to the superior courts in Alice Springs given that construction of the superior court buildings in Alice Springs has now been completed.  There is no equivalent or similar clause in legislation, including delegated legislation, relating to other States and Territories.  The Regulation will amend the Principal Regulations to reflect that the Commonwealth has neither an interest in nor a responsibility for the superior court buildings in Alice Springs. 

 

The Regulation will omit that part of the subregulation that limits the executive authority of Northern Territory Ministers in relation to the construction, at Alice Springs, of buildings for use by superior courts.

 

Details of the Regulation are set out in the Attachment.

 

The Act specifies no conditions that need to be satisfied before the power to make the Regulation may be exercised.

 

 

The Regulation will be a legislative instrument for the purposes of the Legislative Instruments Act 2003.

 

The Regulation will commence on the day after it is registered.

 

Consultation was undertaken with relevant Commonwealth agencies.  Broader consultation was unnecessary for this legislative instrument as this instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

 

 

 

  Authority: Section 55 of the Northern Territory (Self‑Government) Act 1978

 

 

 


 Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

The Northern Territory (Self-Government) Amendment Regulation 2013 (No. 1) omits outdated wording from subregulation 4(1) of the Northern Territory (Self‑Government) Regulations 1978 that may limit the executive authority of Northern Territory Ministers in relation to the construction, at Alice Springs, of buildings for use by superior courts.

The instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

This instrument does not engage any of the applicable rights or freedoms and is compatible with human rights as it does not raise any human rights issues.

 

 

 

ATTACHMENT

 

Details of the Northern Territory (Self-Government) Amendment Regulation 2013 (No. 1)

 

Section 1 – Name of Regulation

 

This section provides that the title of the Regulation is the Northern Territory (Self-Government) Amendment Regulation 2013 (No. 1).

 

Section 2 – Commencement

 

This section provides for the Regulation to commence on the day after it is registered.

 

Section 3 – Authority

 

This section provides that the Regulation is made under the Northern Territory (Self‑Government) Act 1978.

 

Section 4 – Amendment of Northern Territory (Self‑Government) Regulations 1978

 

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

 

Schedule – Amendments

 

Item [1] – subregulation 4(1)

 

Subregulation 4(1) of the Northern Territory (Self‑Government) Regulations 1978 specifies matters in respect of which Ministers of the Territory have executive authority. 

 

The Regulation omits from subregulation 4(1) “but not including the construction, at Alice Springs, of buildings for use by superior courts”.

 

 

Overview

The Northern Territory (Self-Government) Amendment Regulation 2013 (No. 1) was enacted to address a specific issue identified within the Northern Territory (Self-Government) Act 1978. This legislation, introduced by the Minister for Regional Australia, Local Government and Territories, aims to clarify and rectify a potential limitation in the executive authority of Northern Territory Ministers concerning the construction of superior court buildings in Alice Springs. The original wording in the Northern Territory (Self-Government) Regulations 1978 had been intended to ensure that the Commonwealth retained responsibility for the incomplete construction of these buildings at the time of the Principal Regulations. However, with the construction now complete, the amendment removes any ambiguity that might restrict the authority of Northern Territory Ministers. This legislative instrument ensures that the Commonwealth no longer has any interest in or responsibility for the superior court buildings in Alice Springs, thereby aligning the regulatory framework with current circumstances and ensuring clarity in governance responsibilities.

Scope and Application

The Northern Territory (Self-Government) Amendment Regulation 2013 (No. 1) amends the Northern Territory (Self-Government) Regulations 1978 to update the executive authority of Ministers of the Northern Territory concerning the superior courts in Alice Springs. The amendment removes a clause that previously limited the authority of these Ministers in relation to the construction of buildings for use by superior courts in Alice Springs, a limitation initially included to ensure that the Commonwealth retained responsibility for the construction of these buildings. This amendment reflects the completion of the construction and clarifies that the Commonwealth no longer has any interest or responsibility for these buildings. The regulation applies to the Northern Territory, specifically to the executive authority of the Territory’s Ministers as outlined in the Northern Territory (Self-Government) Act 1978. The amendment is of a minor nature and does not substantially alter existing arrangements, thereby not requiring broader consultation. The regulation will commence on the day after it is registered, and it is compatible with human rights as it does not raise any human rights issues.

Key Provisions

The Northern Territory (Self-Government) Amendment Regulation 2013 (No. 1) (the Regulation) amends the Northern Territory (Self-Government) Regulations 1978 (the Principal Regulations). Specifically, it modifies subregulation 4(1) to remove the limitation on the executive authority of Northern Territory Ministers regarding the construction of superior court buildings in Alice Springs. This change is made to reflect the completion of these buildings and the Commonwealth's relinquishment of responsibility over them. The amendment is straightforward and aims to ensure that Northern Territory Ministers have full executive authority over all court-related matters in Alice Springs, aligning with the authorities of other states and territories. The Regulation imposes no new obligations on the parties or entities it governs, but it does clarify existing authorities. Northern Territory Ministers now have explicit authority over all aspects of superior courts in Alice Springs, including construction, maintenance, and operational matters, which were previously ambiguously excluded. This amendment ensures there is no confusion or potential conflict over jurisdictional responsibilities between the Commonwealth and the Northern Territory Government. There are no specific offences, penalties, or consequences outlined in the Regulation itself for non-compliance, as the changes are administrative and clarificatory in nature. However, any actions taken by Northern Territory Ministers that exceed their clarified authority or misinterpret the amended regulation could potentially lead to legal challenges or disputes. It is crucial that all parties adhere to the clarified regulatory framework to avoid any such issues. The Regulation ensures compliance with human rights, as it does not engage any of the applicable rights or freedoms and is deemed compatible with human rights as it does not raise any human rights issues.

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