Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2010-2011
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNMENT)
AMENDMENT (DISALLOWANCE AND AMENDMENT POWER OF THE
COMMONWEALTH) BILL 2010
SUPPLEMENTARY EXPLANATORY MEMORANDUM
Amendments to be moved on behalf of the Government
(Circulated by the authority of the
Minister for Regional Australia, Regional Development and Local Government, the
Honourable Simon Crean MP)
Australian Capital Territory (Self-Government) Amendment (Disallowance and Amendment
Power of the Commonwealth) Bill 2010
Table of contents
Glossary .................................................................................................. 1
General outline and financial impact ....................................................... 3
Notes on Amendments ............................................................................ 5
Glossary
The following abbreviations and acronyms are used throughout this
explanatory memorandum.
Abbreviation Definition
Disallowance Bill Australian Capital Territory (Self-
Government) Amendment (Disallowance and
Amendment Power of the Commonwealth)
Bill 2010 (introduced by Senator Brown)
Government amendments The amendments of the Disallowance Bill
proposed by the Government
ACT Self-Government Act The Australian Capital Territory
(Self-Government ) Act 1988
NT Self-Government Act Northern Territory (Self-Government) Act
1978
1
General outline and financial impact
Outline
The purpose of Senator Brown's Private Senator's Disallowance Bill is to
make the ACT Legislative Assembly more independent, responsible and
accountable by removing the power of the Governor-General to disallow
enactments of the Assembly (and to recommend amendments to
enactments).
The Government amendments would amend the Disallowance Bill to
achieve the same result for the Northern Territory by removing analogous
powers of the Governor-General in relation to the laws of that Territory.
Enactment of the Disallowance Bill, as amended by the Government
amendments, would implement the recommendations of the report by the
Senate Legal and Constitutional Affairs Legislation Committee (`the
Committee') of May 2011 into the Disallowance Bill.
Enactment of the Disallowance Bill does not remove the power of the
Commonwealth legislature under s122 of the Australian Constitution to
make laws `for the government of any territory'.
It is not proposed, in the Government amendments, to make any changes
to the Governor-General's powers in relation to laws of Norfolk Island.
This is in conformity with the Committee's recommendations, in
recognition of the differences between Norfolk Island and the other
self-governing Territories. The passage of the Territories Law Reform Act
2010 provides the Commonwealth with increased oversight and scrutiny
of Norfolk Island legislation to ensure it is consistent with the national
interest. It would therefore not be consistent to remove the
Governor-General's powers of disallowance (or recommendation of
amendments) of Norfolk Island laws.
Also reflecting the recommendations in the Committee's report:
a. The Government amendments do not reproduce clause 4(b) of the
Disallowance Bill, which purports to confer `exclusive legislative
authority and responsibility for making laws' on the Australian Capital
Territory. Such conferral would be beyond the powers of the
Commonwealth Parliament under the Australian Constitution.
3
b. In addition, the Government amendments correct the reference in
clause 4 of the Disallowance Bill to the Governor-General's powers in
relation to amendments of ACT enactments (and makes an analogous
corrected reference in relation to Northern Territory laws).
The Government amendments would also include in the Disallowance Bill
some minor consequential amendments of the Northern Territory
Self-Government Act 1978.
Date of effect: The Disallowance Bill (as amended by the Government
amendments) would commence on the day on which it receives Royal
Assent.
Financial impact: There are no financial impacts associated with the
Government amendments.
Compliance cost impact: No net increase in compliance costs are
expected to flow from the Government amendments.
4
Notes on Amendments
Amendment 1: Title
The title of the Disallowance Bill is amended to include a reference to the
powers of the Governor-General in relation to Northern Territory laws.
Amendment 2: Short title
The short title of the Disallowance Bill (clause 1) is amended to reflect the fact
that the Bill, as proposed to be amended, will amend the NT Self-Government
Act as well as the ACT Self-Government Act.
Amendment 3: Objects
The objects in clause 4 of the Disallowance Bill are extended to reflect the
amendments to be made to the NT Self-Government Act, to remove the
reference to the exclusive legislative authority and responsibility for making
laws for the Australian Capital Territory, and to refer to the Governor-General's
powers to recommend amendments of Australian Capital Territory and
Northern Territory laws rather than powers to make such amendments.
Amendment 4: NT Self-Government Act amendments
Schedule 2 is added to the Disallowance Bill. The Schedule provides for the
amendment of the NT Self-Government Act as follows.
Schedule 2, item 1: Section 9 is repealed to remove the power of the
Governor-General to disallow, or to recommend the amendment of, laws
of the Northern Territory under that section.
Schedule 2, items 2, 3 and 4: Section 10 is amended to remove
references in that section to the Governor-General's disallowance of
Northern Territory laws under section 9.
5
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