EXPLANATORY STATEMENT
NORTHERN TERRITORY
NORTHERN TERRITORY (SELF-GOVERNMENT) REGULATIONS (AMENDMENT)
1935 No. 346
Section 55 of the Northern Territory (Self-Government) Act 1978 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters required or permitted to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Section 35 of the Act provides that the regulations may specify matters in respect of which the Ministers of the Northern Territory are to have executive authority.
Section 71 of the Act provides that the regulations may make provision for and in relation to the substitution of the Northern Territory for the Commonwealth as a party to a contract which was subsisting immediately before the commencement date of the Act or was entered into on or after that date and before the date of commencement of the Northern Territory (Self-Government) Amendment Act 1982, to which the Commonwealth is a party and which relates to a matter specified under section 35.
The Northern Territory (Self-Government) Regulations (the Regulations) specify matters in respect of which Ministers of the Territory have executive authority under section 35 (regulation 4) and also make provision for the substitution of the Northern Territory for the Commonwealth in contracts referred to in section 71 and within the classes set out in the schedule to the Regulations (regulations 5, 6 and 7).
Matters in respect of which Ministers of the Northern Territory have executive authority include provision of rural, industrial and home finance credit and assistance (sub-regulation 4(1) and agreements and arrangements between the Territory and the Commonwealth or a State or States (paragraph 4(5) (f)).
The Northern Territory (Self-Government) Regulations (Amendment) (the proposed Regulations) amend the Regulations by inserting after regulation 4 a new regulation 4A (which will require copies of agreements and arrangements of a kind referred to in paragraph 4(5)(f) to be available for public inspection at the principal office of the Secretary of the Department of the Chief Minister of the Territory) and by adding at the end of the Schedule a further class of transferred contracts (which will transfer to the Northern Territory contracts entered into before 1 July 1978 on behalf of the Commonwealth in relation to loans to industry, including drought and flood relief business loans).
Two loans will be transferred by the proposed Regulations. Commonwealth and Territory Ministers agreed in June 1978 to transfer the loans, which were believed to have been secured by mortgages and therefore would be transferred under section 69 of the Act. The loans were not secured and, as they do not come within any of the classes of transferred contracts set out in the Schedule to the Regulations, have not been transferred.
Overview
The Northern Territory (Self-Government) Regulations (Amendment) 1935 No. 346 was introduced to address the need for amending existing regulations under the Northern Territory (Self-Government) Act 1978, facilitating the transfer of certain executive functions and responsibilities from the Commonwealth to the Northern Territory government. Enacted by the Parliament of Australia, this amendment aims to enhance the self-governance framework by ensuring that specific agreements and contracts are accessible to the public and that certain historical loans are properly transferred. The policy objective is to streamline the delegation of powers and responsibilities to the Northern Territory, thereby reinforcing the autonomy and governance capabilities of the Territory government.
The proposed Regulations introduce transparency and specificity by requiring that agreements and arrangements between the Territory and the Commonwealth or states are available for public inspection, and they also correct a previous oversight by transferring two loans intended for industry support, which were mistakenly omitted from the initial class of transferred contracts.
Scope and Application
The Northern Territory (Self-Government) Regulations (Amendment) 1935 No. 346 amends the Northern Territory (Self-Government) Regulations to extend the scope of self-government for the Northern Territory by enhancing transparency and ensuring the transfer of specific loans to the Territory. The amendment applies to the Ministers of the Northern Territory who are granted executive authority to carry out matters specified under the Northern Territory (Self-Government) Act 1978. The amended regulations now require that copies of agreements and arrangements between the Territory and the Commonwealth or a State or States be available for public inspection, enhancing transparency and public accountability. Furthermore, the amendment facilitates the transfer of contracts to the Northern Territory, including a specific class of contracts relating to loans to industry, such as drought and flood relief business loans, that were entered into on behalf of the Commonwealth before 1 July 1978. These regulations ensure that the Northern Territory assumes executive authority and responsibilities previously held by the Commonwealth, thereby extending self-governance provisions and ensuring the continuity and management of critical financial instruments within the Territory.
Key Provisions
The Northern Territory (Self-Government) Regulations (Amendment) 1935 No. 346, as per the Explanatory Statement, introduces amendments to the existing Northern Territory (Self-Government) Regulations. These amendments are made under the authority granted by section 55 of the Northern Territory (Self-Government) Act 1978, which allows the Governor-General to prescribe regulations necessary for the Act's implementation. The amendments are specifically designed to clarify and expand the scope of matters for which the Ministers of the Northern Territory have executive authority, as stipulated in section 35 of the Act, and to adjust the provisions related to the substitution of the Northern Territory for the Commonwealth in certain contracts, in line with section 71.
Under the amended regulations, new provisions are introduced to enhance transparency and public access to information. Specifically, regulation 4A, inserted after regulation 4, mandates that copies of agreements and arrangements between the Territory and the Commonwealth or a State or States, which fall under paragraph 4(5)(f), must be made available for public inspection at the principal office of the Secretary of the Department of the Chief Minister of the Territory. This provision aims to ensure that such agreements and arrangements are accessible to the public, thereby fostering transparency in the governance of the Territory.
The amendments also address the transfer of specific contracts to the Northern Territory. Regulation 4, as amended, further specifies the matters in respect of which the Ministers of the Northern Territory have executive authority, including the provision of rural, industrial, and home finance credit and assistance. Additionally, the Schedule to the Regulations is expanded to include a new class of transferred contracts, specifically those entered into before 1 July 1978 on behalf of the Commonwealth in relation to loans to industry, including drought and flood relief business loans. This addition ensures that these contracts are appropriately transferred to the Northern Territory, aligning with the objectives outlined in section 71 of the Act.
The obligations imposed by the proposed Regulations require the Ministers of the Northern Territory to adhere to the new transparency requirements, ensuring that relevant agreements and arrangements are made available for public inspection. Furthermore, these Regulations necessitate the formal transfer of specified contracts to the Northern Territory, thereby clarifying the scope of executive authority and ensuring that the Territory assumes responsibility for certain financial obligations previously managed by the Commonwealth.
Breaches of the regulations, particularly those related to non-compliance with the public inspection requirements or failure to appropriately transfer specified contracts, could result in legal consequences. While the specific penalties are not detailed in the Explanatory Statement, violations of regulations made under the Northern Territory (Self-Government) Act 1978 may generally attract penalties as prescribed by the Act or other relevant legislation. These penalties could encompass both civil and criminal sanctions, depending on the nature and severity of the breach. The precise penalties would be determined in accordance with applicable laws and the discretion of the courts.