EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Families, Community Services and Indigenous Affairs
Stronger Futures in the Northern Territory Act 2012
Item 2 of the table in subsection 2(1) of the Stronger Futures in the Northern Territory Act 2012 (the Act) provides that sections 3 to 120 of the Act commence on a day to be fixed by Proclamation. However, if the provisions do not commence within six months of the date the Act receives the Royal Assent, then they commence on the day after the end of that period. The Act received the Royal Assent on 29 June 2012.
Item 2 of the table in subsection 2(1) of the Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012 (the Transitional Act) provides that Schedules 1 to 5 to that Act will commence at the same time as section 3 of the Act.
The purpose of the Proclamation is to fix 16 July 2012 as the day on which sections 3 to 120 of the Act and consequently Schedules 1 to 5 to the Transitional Act commence.
Sections 3 to 120 of the Act comprise three measures aimed at supporting Aboriginal people in the Northern Territory (NT) to live strong, independent lives, where communities, families and children are safe and healthy. These are the tackling alcohol abuse measure, the land reform measure and the food security measure. Schedules 1 to 5 to the Transitional Act will repeal the Northern Territory National Emergency Response Act 2007 (NTNER Act), provide for savings and transitional measures in relation to land, alcohol and community stores, and amend other Acts that are part of the overall legislative package.
The two Acts are part of a broader non-legislative package which contains measures that are budgeted to commence in the 2012-13 financial year. Fixing a 16 July 2012 commencement will allow all of the measures to commence in the 2012-13 financial year and ensure a clear and certain transition to new arrangements given that the Act’s predecessor, the NTNER Act, is due to cease to have effect on 18 August 2012.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. Item 42 of the table in subsection 44(2) of that Act provides that Proclamations that provide solely for the commencement of Acts or of provisions of Acts are not subject to disallowance. Item 48 of the table in subsection 54(2) of that Act provides that Proclamations that provide solely for the commencement of Acts or of provisions of Acts are not subject to sunsetting.
Consultation
There has been extensive consultation with Aboriginal communities and stakeholder organisations and representatives in the Northern Territory in the development of the Stronger Futures in the Northern Territory legislation including on whether Northern Territory Emergency Response measures should continue. The Stronger Futures in the Northern Territory Bills were also examined by the Senate Community Affairs Legislation Committee. The date for Proclamation has taken account of comments in the community and stakeholder consultations, the need for a planned and orderly transition to new arrangements and the ceasing of measures in the NTNER Act.
Regulatory Impact Analysis
The Proclamation is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.