Commonwealth Consolidated Acts

NORTHERN TERRITORY NATIONAL EMERGENCY RESPONSE ACT 2007 - SECT 19

             (1)  The Commonwealth Minister may declare that this Division, or specified provisions of this Division:

                     (a)  cease to have effect; or

                     (b)  cease to have effect in relation to a specified prescribed area or a specified part of a prescribed area.

             (2)  A declaration is a legislative instrument, but neither section 42 (disallowance) nor Part 6 (sunsetting) of the Legislative Instruments Act 2003 applies to the declaration.

Note:          This Act (other than Parts 4, 6 and 8 and Schedule 1) ceases to have effect at the end of the period of 5 years beginning on the day after the day on which this Act receives the Royal Assent: see section 6.

             (3)  The Commonwealth Minister may make a declaration under paragraph (1)(b) in relation to a prescribed area or a part of a prescribed area:

                     (a)  on the Commonwealth Minister's own initiative; or

                     (b)  following a request made to the Commonwealth Minister by, or on behalf of, a person who is ordinarily resident in the prescribed area or in the part of the prescribed area.

             (4)  If the Commonwealth Minister makes a declaration under paragraph (1)(b) in relation to a prescribed area or a part of a prescribed area, this Division continues to apply, or the specified provisions of this Division continue to apply, in relation to that area or part after the declaration takes effect in relation to things done, or omitted to be done, before the declaration takes effect.

Community consultation

             (5)  Before making a declaration under paragraph (1)(b) in relation to a prescribed area or a part of a prescribed area, the Commonwealth Minister must ensure that:

                     (a)  information setting out:

                              (i)  the proposal to make the declaration; and

                             (ii)  an explanation, in summary form, of the consequences of the making of the declaration;

                            has been made available in the prescribed area or the part of the prescribed area; and

                     (b)  people in the prescribed area or the part of the prescribed area have been given a reasonable opportunity to discuss:

                              (i)  the proposal to make the declaration; and

                             (ii)  the consequences of the making of the declaration; and

                            (iii)  their circumstances, concerns and views, so far as they relate to the proposal;

                            with employees of the Commonwealth or such other persons as the Commonwealth Minister thinks appropriate.

             (6)  A failure to comply with subsection (5) does not affect the validity of a declaration under paragraph (1)(b).

Criteria for making a declaration

             (7)  In making a declaration under paragraph (1)(b) in relation to a prescribed area or a part of a prescribed area, the Commonwealth Minister must have regard to the following matters:

                     (a)  the well‑being of people living in the prescribed area or the part of the prescribed area;

                     (b)  whether there is reason to believe that people living in the prescribed area or the part of the prescribed area have been the victims of alcohol‑related harm during a period the Commonwealth Minister considers appropriate;

                     (c)  the extent to which people living in the prescribed area or the part of the prescribed area have, during a period the Commonwealth Minister considers appropriate, expressed their concerns about being at risk of alcohol‑related harm;

                     (d)  the extent to which people living in the prescribed area or the part of the prescribed area have, during a period the Commonwealth Minister considers appropriate, expressed the view that their well‑being will be improved if this Division continues to apply, or particular provisions of this Division continue to apply, in relation to the prescribed area or the part of the prescribed area;

                     (e)  whether there is an alcohol management plan in relation to a community or communities in the prescribed area or the part of the prescribed area;

                      (f)  any discussions of the kind referred to in paragraph (5)(b);

                     (g)  any other matter that the Commonwealth Minister considers relevant.