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.
Overview
The Stronger Futures in the Northern Territory Act 2012, enacted to address significant social challenges facing Aboriginal communities in the Northern Territory, was passed by the Australian Parliament and received Royal Assent on 29 June 2012. The primary objective of the Act is to support Aboriginal people in living strong, independent lives by implementing measures to tackle alcohol abuse, reform land policies, and ensure food security. These measures aim to create safer and healthier communities, families, and children. The Act, alongside the Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012, represents a legislative component of a broader package designed to transition from the Northern Territory National Emergency Response Act 2007. The accompanying Proclamation fixed 16 July 2012 as the commencement date for the Act and related transitional provisions, ensuring a coherent and timely shift to new arrangements and avoiding overlap with the cessation of the NTNER Act on 18 August 2012. Extensive consultations with Aboriginal communities and stakeholders were integral to the development of this legislation, ensuring it aligns with community needs and expectations.
Scope and Application
The Stronger Futures in the Northern Territory Act 2012 applies to Aboriginal people residing in the Northern Territory, aiming to support them in achieving strong, independent lives where safety, health, and community wellbeing are paramount. This Act encompasses measures targeting alcohol abuse, land reform, and food security, designed to replace the provisions of the Northern Territory National Emergency Response Act 2007. The scope of the Act extends to the repeal of the NTNER Act, transitional measures for land, alcohol, and community stores, and amendments to other related Acts, all encapsulated within the Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012. The commencement of these provisions was set via a Proclamation on 16 July 2012, ensuring a timely transition before the NTNER Act's cessation on 18 August 2012. The Proclamation, a legislative instrument under the Legislative Instruments Act 2003, is not subject to disallowance or sunsetting. The Act is not regulatory, with no anticipated impact on business activities, compliance costs, or competition.
Key Provisions
The Stronger Futures in the Northern Territory Act 2012 (the Act) and the Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Act 2012 (the Transitional Act) are set to commence on 16 July 2012, as fixed by Proclamation (sections 2(1) and 2(1) of the respective Acts). These Acts aim to replace the Northern Territory National Emergency Response Act 2007 (NTNER Act) and introduce measures to support Aboriginal people in the Northern Territory, focusing on tackling alcohol abuse, land reform, and food security (sections 3 to 120 of the Act). The commencement date ensures a clear and timely transition to the new arrangements, avoiding overlap with the cessation of the NTNER Act on 18 August 2012.
The Act and the Transitional Act impose several obligations on parties and entities they govern. For instance, the Act mandates measures to address alcohol abuse, such as restrictions on alcohol sales and consumption in certain areas (sections 3 to 120 of the Act). Additionally, the Act includes provisions for land reform, such as the introduction of native title agreements and the establishment of community-based land trusts (sections 3 to 120 of the Act). The Transitional Act includes measures to repeal the NTNER Act and provide transitional arrangements for land, alcohol, and community stores, as well as amendments to other relevant Acts (Schedules 1 to 5 of the Transitional Act).
There are no specific offences or penalties outlined in the Proclamation itself, as it merely fixes the commencement date for the Act and the Transitional Act. However, the substantive sections of the Act (sections 3 to 120) and the Transitional Act (Schedules 1 to 5) may include various offences and penalties related to their respective measures. These could include fines and imprisonment for breaches related to alcohol abuse restrictions, land misuse, and other regulatory measures. The maximum penalties would depend on the specific provisions of the Act and the Transitional Act and would be detailed within those sections.
The legislative framework ensures that the new measures will be implemented in a structured manner, allowing for a smooth transition from the NTNER Act to the Stronger Futures framework. The extensive consultation with Aboriginal communities and stakeholder organisations in the development of the legislation ensures that the new measures are community-driven and responsive to local needs. The Proclamation itself, being a legislative instrument under the Legislative Instruments Act 2003, is not subject to disallowance or sunsetting, ensuring its stability and longevity as a foundational instrument for the new legislative framework.