Bills Digest no. 55 2007–08
Families, Community Services and Indigenous Affairs and
Other Legislation Amendment (Emergency Response Consolidation) Bill
2007
WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
Passage history
Purpose
Background
Financial implications
Main provisions
Conclusion
Endnotes
Contact officer & copyright details
Passage history
Families,
Community Services and Indigenous Affairs and Other Legislation
Amendment (Emergency Response Consolidation) Bill
2007
Date introduced:
20 September 2007
House: House of Representatives
Portfolio: Families, Community Services and
Indigenous Affairs (FACSIA)
Commencement:
Schedule 1 commences on
the 35th day after Royal Assent. Schedules 2 and 3,
items 1-19 and 22-24 of Schedule 4, and Schedules 5 and 6 commence
the day after Royal Assent. Schedule 4, items 20 and 21 commence on
proclamation (linked to item 12 of Schedule 4 of the Families,
Community Services and Indigenous Affairs and Other Legislation
Amendment (Northern Territory Emergency Response and
Other Measures) Act 2007). [1]
Links: The
relevant links to the Bill, Explanatory Memorandum and second
reading speech can be accessed via BillsNet, which is at http://www.aph.gov.au/bills/.
When Bills have been passed they can be found at ComLaw, which is
at http://www.comlaw.gov.au/.
See also the
Senate inquiry into the NT Bills.
The purpose of the Families, Community
Services and Indigenous Affairs and Other Legislation Amendment
(Emergency Response Consolidation) Bill 2007 (the Bill) is to amend
the policy regime set up by the legislative regime known as the
Northern Territory (NT) Emergency Response package. The Bill would
make six key changes, as follows.
-
Schedule 1 would amend the
Broadcasting Services Act 1992 to prohibit the provision
of television programs rated R 18+ in prescribed areas of the
Northern Territory.
-
Schedule 2 would amend the
Families, Community Services and Indigenous Affairs and Other
Legislation Amendment (Northern Territory
Emergency Response and Other Measures) Act 2007 to
displace existing NT law in relation to residential tenancies where
the Commonwealth is a party. This means the Commonwealth is not
liable for any existing obligations such as repair and maintenance
under NT law.
-
Schedule 3 gives the Defence
Housing Australia (DHA) the ability to assist FACSIA in delivering
housing to NT areas by amending the Defence Housing
Australia Act 1987.
-
Schedule 4 makes a series of
amendments to the Aboriginal Land Rights
(Northern Territory) Act 1976, including new
provision for Land Councils to charge the Commonwealth a fee for
negotiating suspension of lease agreements. Section 63 of the
Northern Territory National Emergency Response Act
2007 is also amended so that any of these fees can be payable
out of the Consolidated Revenue Fund.
-
Schedule 5 makes amendments to
Part 5 of the Northern Territory National Emergency
Response Act 2007 in relation to the acquisition of rights,
titles and interests in land.
-
Schedule 6 amends the
definition of 'roadhouse' in paragraph 92(2)(b), Part 7 Licensing
of Community Stores in the Northern Territory National
Emergency Response Act 2007, so that roadhouse is covered by
the definition of 'community store' if 'an Indigenous community is
substantially dependent upon the roadhouse for the provision of
grocery items and drinks' (item 1).
The background to
this Bill can be found in the Digests prepared on the package
of Northern Territory Emergency Response Bills. Five Bills were
introduced to the Parliament as a package on 7 August 2007 and
passed on 16 August 2007. The resulting Acts are:
-
Northern Territory National
Emergency Response Act 2007 (the Emergency Act)
-
Families, Community Services and Indigenous
Affairs and Other Legislation Amendment (Northern
Territory Emergency Response and Other Measures) Act
2007 (the Families Act)
-
Social Security and Other Legislation
Amendment (Welfare Payment Reform) Act 2007 (the Welfare
Payment Act)
-
Appropriation (Northern
Territory National Emergency Response) Act (No. 1)
2007-2008, and
-
Appropriation (Northern
Territory National Emergency Response) Act (No. 2)
2007-2008.
The Bills Digest for the Families, Community
Services and Indigenous Affairs and Other Legislation Amendment
(Northern Territory National Emergency Response and Other Measures)
Bill 2007 (the Families Bill) is available here.
[2] The Bills Digest
for the Northern Territory National Emergency Response Bill 2007
(the Emergency Bill) is available
here. [3]
The Explanatory Memorandum says that there is
no impact for the financial year 2007-08. [4] However, the amendments made by
item 24 in Schedule 4 would effect the special
standing appropriation enacted by the Emergency Act
2007.
This extension of the existing special (standing)
appropriation under section 63 of the NT NER Act is appropriate
because amounts payable by the Commonwealth under new section 33B,
and the timing of those payments, cannot be predicted in a way that
would make an annual appropriation suitable. [5]
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Schedule 1 would amend the
Broadcasting Services Act 1992 to prohibit the provision
of television programs rated R 18+ in prescribed areas of the
Northern Territory. The Explanatory Memorandum states that field
workers since the emergency response commenced had confirmed
research published in the Ampe Akelyernemane Meke Mekarle
'Little Children are Sacred': The Report of the Northern Territory
Board of Inquiry into the Protection of Aboriginal Children from
Sexual Abuse, authored by Pat Anderson and Rex Wild (the
Anderson/Wild report) [6] that subscription-based R 18+ programs provided by
Austar United Communications Ltd (Austar) appeared to be readily
accessible to children in Northern Territory Indigenous
communities. [7]
The Emergency and Families Acts sought to
filter public computers and ban pornography in the prescribed areas
of the NT. [8] The
Senate Legal and Constitutional Affairs Committee cites concerns
raised by the Festival of Light and other Christian groups that the
internet filtering provisions and restrictions on pornography in
Indigenous areas of the NT did not go far enough. [9]
The Committee commented in their final report
on the NT Bills that it will be important to carefully monitor the
measures in the Emergency Bill dealing with the possession and
supply of X 18+ films to assess their effectiveness in preventing
child abuse. The Committee reported that:
Given the ready access to X18+ films under the Northern
Territory s Classification of Publications, Films and Computer
Games Act, which will continue to apply outside the prescribed
areas, these measures may not be sufficient to achieve the
objective.
Consideration may need to be given to extending the prohibition
on the possession and sale of X18+ films throughout the Northern
Territory, or to cutting off the supply of such films at their
source through an amendment to the Customs (Prohibited Imports)
Regulations 1956, a prohibition on the carriage of X18+ films
by a carrier service or even a prohibition on the production and
sale of X18+ films in the Australian Capital Territory. [10]
These amendments do not go that far. The
provisions instead prohibit any subscription television
narrowcasting service from providing television programs that are
rated R 18+ to subscribers who receive the service in prescribed
areas, as defined in section 4 of the Emergency Act. This would be
achieved through the addition of a new licence condition in Part 7
of Schedule 2 to the Broadcasting Services Act 1992.
Items 1 and 2 make amendments
to the criminal offence and civil penalties provisions in the
Broadcasting Services Act that apply to breaches of a subscription
narrowcasting television licence condition. The maximum criminal
penalty is 50 penalty units ($5 500), or five times that if a
corporation is responsible for the relevant breach.
Item 3 adds a new licence
condition to the end of Part 7 of Schedule 2 to the Broadcasting
Services Act that applies only to particular subscription
television narrowcasting services that provide services to a
subscriber who is in a prescribed area of the Northern Territory.
(proposed subclause 12(1)).
Proposed subclause 12(2)
inserts a sunset clause, by providing that the proposed licence
condition be repealed after five years, or on an earlier date (if
any) specified in a legislative instrument made by the Minister.
The Explanatory Memorandum states:
The sunset provision is appropriate in light of
the fact that this licence condition is designed to respond to an
emergency situation currently faced by many children in the
Northern Territory. It is appropriate to enable this emergency
response measure to be repealed as soon as the measure is no longer
needed this should be within the five-year outer limits period
specified in paragraph 12(2)(a).
[11]
Proposed subclause 12(3)
provides that the Minister s instrument to repeal the licence
condition is exempt from disallowance by Parliament under section
42 of the Legislative Instruments Act 2003. The
Explanatory Memorandum states:
Exemption from parliamentary scrutiny and possible disallowance
is appropriate for the following reasons:
A similar non-disallowable ministerial repeal instrument was
recently approved by Parliament when passing the NT Amendment Act.
That Act inserted section 114 into the Classification (Films,
Publications, and Computer Games) Act 1995 to enable the repeal of
Northern Territory emergency response measures that prohibit the
possession or supply of prohibited material (that is, pornography)
in prescribed areas of the Northern Territory.
A repeal instrument that sunsets legislation is analogous to a
proclamation commencing legislation, and so should similarly not be
disallowable by Parliament.
If Parliament were to disallow the repeal instrument, it would
create confusion and uncertainty for subscription television
licensees and subscribers who are affected by the licence condition
concerned, to the extent that disallowance would revive the licence
condition and the rights and obligations that it entails.
The remaining clauses 13 to 15 will protect people (such as the
licensee or the Australian Communications and Media Authority) who
do things in relation to the additional licence condition from
particular causes of action. [12]
Proposed clause 13 in Part 7
of Schedule 2 to the Broadcasting Services Act will declare the new
licence condition and related provisions of the Broadcasting
Services Act to be a special measure for the purposes of the
Racial Discrimination Act 1975 (the RDA). See extended
discussion of the RDA issues in the 'Background' section of the
Bills Digest on the Emergency Response Bill. [13] See also the
submission and evidence of the Human Rights and Equal
Opportunity Commission to the Senate
inquiry.
The operation of Northern Territory
anti-discrimination laws are excluded under proposed clause
14, however, the Minister may determine certain laws not
to be excluded, by way of legislative instrument (proposed
subsection 14(3)). Proposed clause 15
excludes the guarantee that trade and commerce between the Northern
Territory and other States shall be absolutely free in section 49
of the Northern Territory (Self-Government) Act
1978 from the operation of these amendments.
Schedule 2 proposes to amend
the Families Act to displace existing NT law, namely the
Residential Tenancies Act (NT) (the RTA) and the
Tenancy Act (NT) (the Tenancy Act) in relation to
residential tenancies where the Commonwealth is a party. This means
the Commonwealth is not liable for any existing obligations such as
repair and maintenance under NT law.
Existing section 31 of the Emergency Act
provides for a lease to be granted to the Commonwealth over
specified land in the Northern Territory (the five-year leases).
Where a lease is granted under section 31, section 34 of the
Emergency Act preserves any existing right, title or other interest
in the land and provides that, where a right, title or interest was
granted by the owner of the land, it will have effect as if granted
by the Commonwealth. However, the changes proposed here in Schedule
2 of the Bill will exclude the Commonwealth s tenancy obligations
under NT law.
Item 1 inserts new
Division 3A Residential tenancies into Part 4 of the
Emergency Act. Proposed new sections 59C and 59D
would provide that neither the RTA nor the Tenancy Act applies to
tenancy agreements to which the Commonwealth is a party in respect
of premises on leased land, and the Commonwealth is not subject to
obligations regarding condition of the premises, or repair or
maintenance of the premises. Proposed subsection
59E would provide that the Minister may declare via
legislative instrument that all, or parts of, the RTA or the
Tenancy Act are to apply tenancy agreements to which the
Commonwealth is a party.
In his second reading speech the Minister
stated:
the fact is that the Northern Territory government has not been
enforcing these standards in these communities. Under the new
legislation, the Commonwealth has become the landlord of what is
often dilapidated housing stock. The Commonwealth simply cannot
comply with the already in place Residential Tenancies Act
obligations in the short term, although we are committed to
bringing the quality of this housing to an acceptable standard as
quickly as possible.
this does not mean the Australian Government is avoiding its
responsibilities as a landlord. It is simply to allow the response
to do its proper work in making the substantial and essential
improvements already announced, and to avoid any mischievous
application of the Residential Tenancies Act by the Northern
Territory Government. [14]
The Northern Territory Government has denied
it has been a bad landlord. [15]
Schedule 3 Defence Housing Australia Amendment of the
Defence Housing Australia Act 1987
Schedule 3 gives Defence Housing Australia (DHA) the
ability to assist FACSIA in delivering housing to NT areas by
amending the
Defence Housing Australia Act 1987 (the DHA Act). The
primary role of DHA is to provide housing to members of the
Australian Defence Force and their families. However the scope of
DHA was expanded in 2006 to enable it to provide services to other
Australian Government agencies. [16]
The main change is found in Item
5, which inserts after subsection 6(1) of the DHA Act a
second additional function for DHA: (new subsection
6(1A)) to assist an Agency (other than Defence) in
relation to the delivery of a program that involves the provision
of housing, or housing related services, to persons.
Items 9,10 and 11 make
amendments to section 6 of the DHA Act to ensure that any
assistance provided by DHA is subject to existing requirements in
the DHA Act to ensure that DHA maintains its primary Defence focus.
[17]
Schedule 4 Land Rights Amendment of
the Aboriginal Land Rights
(Northern Territory) Act 1976 and
Northern Territory National Emergency Response
Act 2007
Schedule 4 makes a series of
amendments to the
Aboriginal Land Rights (Northern Territory) Act 1976 (the
ALRA).
The first series of amendments are regarding the
position of Executive Director of Township Leasing. A scheme to
facilitate Northern Territory township leasing was included in 2006
amendments to the ALRA. [18] Under section 19A of the ALRA, a Land Trust may grant a
99 year lease of a township to an approved entity , which means
either a Commonwealth or NT entity, if both the Minister and the
Land Council agree to the granting of the lease.
In June 2007 the Commonwealth created the
position of Executive Director of Township Leasing, claiming that
the Northern Territory Government had failed to establish an
approved entity as required by 19A of the ALRA to administer
99-year leases. [19] Schedule 4 of this Bill seeks to make some amendments
to the functions of the Executive Director of Township Leasing.
Item 1 proposes to amend
section 20E of the ALRA to allow the Executive
Director to be appointed on a full-time or part-time basis (20E
previously stipulated a full-time appointment). Items 2 and
3 expand sections 20H and 20K
respectively to place restrictions on outside employment for a
part-time Executive Director, and to allow the Minister to approve
a leave of absence for a part-time Executive Director.
Item 4 repeals and substitutes a
new section 20M of the ALRA, dealing with
termination of appointment. New section 20M will
include a subsection providing that the appointment of a part-time
Executive Director may be terminated if he or she engages in paid
employment that conflicts or could conflict with the proper
performance of his or her office.
Items 5 and 8 repeal and
substitute sections in the ALRA dealing with statutory rights, to
provide that where the Commonwealth has statutory rights [20], the Minister may, on
behalf of the Commonwealth, permit a person to exercise the
statutory rights. Similarly items 6 and 9 allow
the Minister to agree with a Land Council to vary the area over
which statutory rights may apply. Under items 7 and
10, the Minister may determine that the buildings or
infrastructure to which statutory rights apply are not longer
required by the Commonwealth.
Item 22 inserts a new
subsection 76(1A) to allow the Minister to delegate any of
his or her functions or power under Part 11B of the Act, relating
to statutory rights over infrastructure, to a Secretary or SES
employee of his/her own department, or another department, or the
General Manager of Indigenous Business Australia.
Existing section 23 of the ALRA sets out the
functions of Land Councils. Paragraph 23(1) (fa) states that a
function of a Land Council is to negotiate, and enter into
agreements, as necessary, for the purposes of subsection 70(4)
(which deals with entry to Aboriginal land). Item
12 of this Bill proposes to expand the functions of the
Land Councils to include:
- proposed 23(1)(fb): representation of the Land
Trust in negotiations to agree on an amount to be paid to the Land
Trust by the Commonwealth in respect of a section 31 lease
arrangement under the Emergency Act
-
proposed 23(1)(fc): to
represent a relevant owner (as defined by the Emergency
Act) in negotiations to agree on an amount to be paid in respect of
a section 31 Emergency Act lease
-
proposed 23(1)(fd): to
represent a leaseholder in negotiations regarding the suspension of
a section 40 Emergency Act lease.
Item 13 adds that the
functions of Land Councils may be further expanded via the
regulations.
Item 14 proposes to insert
new section 33B to the ALRA, to
permit a Land Council to charge certain fees. Existing section 33A
allows Land Councils to charge fees for services provided in
performing any of their functions, or exercising any of their
powers, under the ALRA. Under proposed section
33B, a Land Council could charge the Commonwealth a fee
for the reasonable expenses incurred by the Council in performing
negotiations as provided for in new paragraphs 23(1)
(fb-fd) outlined above. A Land Council may also charge a
fee for other services as may be prescribed by the regulations in
the future. The fee must not amount to taxation (proposed
section 33B(3)). The total amount of fees
received must be included in the Land Council s annual report
(item 19). A fee payable by the Commonwealth will
be payable from the Consolidated Revenue Fund (CRF) (item
24). The Explanatory Memorandum states that this is
preferred over an annual appropriation because amounts payable by
the Commonwealth under new section
33B, and the timing of the payments, cannot be
predicted in a way that would make an annual appropriation
suitable. [21]
Item 18 amends section
35(4) of the ALRA, which stipulates that where a Land
Council receives a payment in respect of Aboriginal land, it must,
within 6 months after the payment is received, pay an amount equal
to that payment to or for the benefit of the traditional Aboriginal
owners of the land. Item 18 amends subsection
35(4) to ensure that payments received in accordance with sections
60 and 62 of the Emergency Act must be distributed to the
traditional owners.
Item 20 proposes to amend
subsection 70F(2) to provide that the right of
persons who seek to enter and remain on a common area that is
within community land applies to common areas which are within a
lease held by the Director of National Parks.
Item 21 proposes to insert
new section 70J, to provide that the access rights
in sections 70B to 70G may be subject to regulation under the
Environment Protection and Biodiversity Conservation Act
1999 and its regulations.
Note that both items 21 and
22 only come into force once item 12 of Schedule 4
of the Families, Community Services and Indigenous Affairs and
Other Legislation Amendment (Northern Territory Emergency Response
and Other Measures) Act 2007 comes into force. Item
12 of that Act inserts sections 70A to 70H into the ALRA.
Item 23 seeks to repeal
subsection 52(8) of the Emergency Act, as it will
be made redundant by the amendment in item 18,
outlined above.
Schedule 5 to the Bill seeks
to make amendments to Part 4 of the Emergency Act. Part 4 of that
Act deals with acquisition of rights, titles and interests in land,
most significantly the five-year leases assumed by the Commonwealth
over Aboriginal communities and town camps. Many of the amendments
are minor and technical in nature.
Item 2 proposes to repeal
existing subsections 38(1) and (2) of the
Emergency Act, which relate to the traditional land claim over
Canteen Creek. Proposed new subsection 38(1)
states that a grant of a five-year lease of Canteen Creek to the
Commonwealth under section 31 of the Act has effect, despite
section 67A of the ALRA. Further, the grant by the Commonwealth of
any estate or interest in Canteen Creek also has effect despite
section 67A of the ALRA. Section 67A of the ALRA provides that
estates or interests are not to be granted while land is subject to
a traditional land claim. Canteen Creek is subject to a traditional
land claim under the ALRA. [22]
Proposed new subsection 38(2)
clarifies that the grants provided under section 38 will not affect
the traditional land claim over Canteen Creek.
Item 8 proposes to insert
new subsection 52(4A), relating to grants of
interests by a Land Trust under the ALRA. Under current section 52
of the Emergency Act, Land Trusts may, with the consent of the
Minister for Indigenous Affairs, continue to grant leases of land
under section 19 of the ALRA, in spite of the five-year
Commonwealth leases.
Section 19 of the ALRA allows Land Trusts to
grant leases over land vested in it, including the granting of
99-year leases to the Commonwealth as provided by section 19A of
the ALRA. For a full background on 99-year leases refer to the
Bills
Digest for the ALRA Amendment Bill 2006. [23]
Under proposed new section
52(4A), Land Trusts will be permitted to continue to grant
interests (not leases), of a kind to be prescribed by regulation,
over land leased by the Commonwealth under section 31 of the
Emergency Act. Item 9 proposes to repeal and
substitute subsection 52(5) to clarify that only
interests referred to in 52(1) and (4A) can be granted by Land
Trusts while a five-year lease is in place.
Items 5 and 6 amend
paragraphs 51(1)(c) and (d) respectively of the
Emergency Act, replacing references to on land with on or in
relation to land . Section 51 of the Act provides that the future
act provisions of the Native Title Act 1993 will not apply
to acts such as section 31 leases and vesting of rights under
section 47 (see the Bills
Digest on the Emergency Act for further detail on this).
[24] The future act
provisions provide certain procedural rights in relation to future
acts while native title applications are being resolved. The
non-extinguishment principle will apply by virtue of existing
subsection 51(2) of the Emergency Act.
The amendment proposed here is to ensure that
if the Commonwealth, the Northern Territory or an Authority (as
under the ALRA) grants interests within the five-year lease period,
the future act provisions in the Native title Act 1993 do not
apply. [25]
Item 12 proposes to insert
new subsections 62 (1A) through to (1H) into the
Emergency Act. Section 62 deals with the payment of rent by the
Commonwealth to the owner of land (other than the Northern
Territory Government) which is subject to a section 31 five-year
lease. The new subsections provide more detail on specific
circumstances which may arise. For example, proposed
subsection 62(1B) allows for the rent amount to be paid as
a one-off payment or a periodic payment. Proposed
subsections 62(1D) through to (1F) provide for the parties
to agree on an amount to be paid in the case of termination or
suspension of a lease. Proposed subsection 62(1H)
provides that if the land owner is not being represented by the
relevant Land Council, the Commonwealth must pay the reasonable
expenses incurred in representing the other party in negotiations
under new subsections 61(1A), (1D) or (1E), including the costs of
hiring a person to represent them.
Schedule 6 amends the definition
of 'roadhouse' in existing paragraph 92(2)(b), Part 7 Licensing of
Community Stores in the Northern Territory National
Emergency Response Act 2007.
Under existing section
92, the meaning of community store is as follows:
(1) A business is a community
store if:
(a) one of the main purposes of the business is
the provision of grocery items and drinks; and
(b) the business is carried on:
(i) at premises in a prescribed area; or
(ii) at premises in an area or place in the
Northern Territory that is specified by the Minister under
subsection 123(1) for the purposes of this paragraph; or
(iii) at premises in the Northern Territory that
are specified by the Minister under subsection 123(2) for the
purposes of this paragraph.
(2) The following businesses are not community
stores:
(a) a business that is solely a takeaway food
shop or a fast food shop (including such a shop at which food can
be consumed on the premises);
(b) a roadhouse;
(c) a business at premises in an area or place
in the Northern Territory that is an area or place specified by the
Minister under subsection 123(3) for the purposes of this
paragraph;
(d) a business at premises specified by the
Minister under subsection 123(4) for the purposes of this
paragraph;
(e) a business of a kind prescribed by the
regulations for the purposes of this paragraph.
Item 1 would amend the
definition so that roadhouse is now covered by the definition of
'community store' if 'an Indigenous community is substantially
dependent upon the roadhouse for the provision of grocery items and
drinks'.
Conclusion
The speed of the passage of the package of
emergency response bills through the Parliament has brought about
the need for substantial amendments within a few months.
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Endnotes
[1]. As at 11 October
2007, item 12 has not been proclaimed. Item 12 contains sections
70A-70H of the Families, Community Services and Indigenous
Affairs and Other Legislation Amendment (Northern
Territory Emergency Response and Other Measures) Act
2007 relating to entering or remaining on Aboriginal land.
[2]. Sue Harris
Rimmer, Bronwen Jaggers, Diane Spooner, Kirsty Magarey, Mary Anne
Neilsen and John Gardiner-Garden, 'Families, Community Services and
Indigenous Affairs and Other Legislation Amendment (Northern
Territory National Emergency Response and Other Measures) Bill
2007', Bills
Digest no. 21 2007 08, 13 August 2007.
[3]. Kirsty Magarey,
Diane Spooner, Sue Harris-Rimmer, Patrick O Neill, Moira Coombs,
Bronwen Jaggers, Juli Tomaras, PaoYi Tan, Coral Dow, John
Gardiner-Garden, and Rhonda Jolly, Northern Territory National
Emergency Response Bill 2007',
Bills Digest no. 28 2007 08, 13 August 2007.
[4]. Explanatory
Memorandum, p. 2.
[5]. Explanatory
Memorandum, p. 16.
[7]. Explanatory
Memorandum, p. 2.
[8]. Schedule 1 of
the Families Act amended Commonwealth Classification
(Publications, Films and Computer Games) Act 1995 (the
Classification Act) to prohibit the possession, control and supply
of pornography in prescribed areas .
[9]. Senate Legal and
Constitutional Affairs Committee, Inquiry into Social Security
and Other Legislation Amendment (Welfare Payment Reform) Bill 2007
and four related bills concerning the Northern Territory National
Emergency Response, 13 August 2007, p. 29.
[10]. Senate Legal
and Constitutional Affairs Committee, op. cit., p. 32.
[11]. Explanatory Memorandum, p. 3.
[12]. Explanatory Memorandum, pp. 3 4.
[13]. Kirsty
Magarey, Diane Spooner, Sue Harris-Rimmer, Patrick O Neill, Moira
Coombs, Bronwen Jaggers, Juli Tomaras, PaoYi Tan, Coral Dow, John
Gardiner-Garden, and Rhonda Jolly, Northern Territory National
Emergency Response Bill 2007',
Bills Digest no. 28 2007 08, 13 August 2007.
[14]. Hon. Malcolm
Brough MP, Minister for Families, Community Services and Indigenous
Affairs, Second Reading Speech: Families, Community Services and
Indigenous Affairs and Other Legislation Amendment (Emergency
Response Consolidation) Bill 2007 House of Representatives
Debates, Parliament of Australia, 20 September 2007, p.
2.
[15]. Northern
Territory News, 17 August 2007, p.4.
[16]. See Rosemary
Bell: Defence House Authority Amendment Bill 2006 , Bills
Digest no. 129, 2005-06, Parliamentary Library, 19 May
2006.
[17]. Explanatory
Memorandum, p. 11.
[18]. For a
detailed background on these amendments see Jennifer Norberry and
John Gardiner-Garden: Aboriginal Land Rights (Northern Territory)
Amendment Bill 2006 , Bills
Digest no. 158, 2005-06, Parliamentary Library, 19 June
2006.
[19]. Bronwen
Jaggers, Aboriginal Land Rights (Northern Territory) Amendment
(Township Leasing) Bill 2007 , Bills
Digest no. 165, 2006-07, Parliamentary Library, 29 May
2007.
[20]. These include
the right to do works, occupy, use, maintain, repair or replace
buildings and to occupy buildings and areas to mention a few.
[21]. Explanatory Memorandum, p. 16.
[23]. Jennifer
Norberry and John Gardiner-Garden, Aboriginal Land Rights (Northern
Territory) Amendment Bill 2006 , Bills Digest no. 158,
2005-06, Parliamentary Library, Canberra, 19 June 2006.
[24]. Kirsty
Magarey et. al, Northern Territory National Emergency Response Act
2007 , Bills Digest no. 28, 2007-08, 13 August 2007,
Parliamentary Library, Canberra.
[25]. Explanatory Memorandum, p. 17.
Sue Harris Rimmer and Bronwen Jaggers
Law and Bills Digest Section
12 October 2007
Parliamentary Library
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