Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2010-2011
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
TERRITORIES SELF-GOVERNMENT LEGISLATION AMENDMENT
(DISALLOWANCE AND AMENDMENT OF LAWS) BILL 2011
REVISED EXPLANATORY MEMORANDUM
(Circulated by authority of Mr Adam Bandt MP, Member for Melbourne)
THIS MEMORANDUM TAKES ACCOUNT OF AMENDMENTS MADE BY
THE SENATE
TO THE BILL AS INTRODUCED
Territories Self-Government Legislation Amendment (Disallowance and Amendment of Laws)
Bill 2011
Table of contents
Glossary .................................................................................................. 1
General outline and financial impact ....................................................... 3
Notes on Clauses .................................................................................... 5
Glossary
The following abbreviations and acronyms are used throughout this
explanatory memorandum.
Abbreviation Definition
The Bill Australian Capital Territory (Self-
Government) Amendment (Disallowance and
Amendment Power of the Commonwealth)
Bill 2010
The Inquiry Senate Legal and Constitutional Affairs
Legislation Committee Inquiry
ACT Australian Capital Territory
NT Northern Territory
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
On 29 September 2010, Senator Bob Brown introduced the Bill into the
Senate. The Bill was subsequently amended by Senator Brown to apply
to the NT and Norfolk Island as well as the ACT.
The purpose of the Bill was to remove the power of the Governor-General
in relation to the disallowance of enactments of the ACT, and
subsequently the NT, Legislative Assemblies to enhance their
independence and accountability. The Bill retains this original objective.
The Bill was referred to the Senate Committee. On 4 May 2011, the
Senate Committee reported back that it supported the objectives of the
Bill, but recommended amendments.
On 18 August 2011, the Government moved amendments to the Bill in the
Senate.
Reflecting the recommendations in the Senate Committee's report, the
Government amendments:
a. did not reproduce clause 4(b) of the Bill, which purported 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.
b. corrected the reference in clause 4 of the Bill to the Governor-
General's powers in relation to amendments of ACT enactments (and
makes an analogous corrected reference in relation to NT laws).
The Government amendments also included some minor consequential
amendments of the NT Self-government Act.
The Bill, as amended, was passed by the Senate on 18 August 2011.
Enactment of the 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'.
As a Commonwealth law, the Marriage Act 1961 will override any
inconsistent State or Territory law to the extent of the inconsistency. The
Bill will not enable the ACT or the NT to enact its own law to define
`marriage', or any law that would otherwise be inconsistent with the
Commonwealth Marriage Act 1961. The Bill, as amended, would not alter
3
the existing legislative powers of the ACT or the NT to make civil union
laws.
Similarly, enactment of the Bill, as amended, will not affect the operation
of the Commonwealth Euthanasia Laws Act 1997, which prevents the
territories from enacting euthanasia laws.
The Bill, as amended, does not 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.
Date of effect: The Bill would commence on the day on which it
receives Royal Assent.
Financial impact: There are no financial impacts associated with the Bill.
Compliance cost impact: No net increase in compliance costs are
expected to flow from the Bill.
4
Notes on Clauses
Clause 1: Short Title
Clause 1 specifies that when the Bill is enacted, it is to be cited as the
Territories Self-Government Legislation Amendment (Disallowance and
Amendment of Laws) Act 2011.
Clause 2: Commencement
The Act will commence on the day it receives Royal Assent.
Clause 3: Schedules
Schedule 1 sets out the amendments that the Bill will make to the ACT Self-
government Act.
Schedule 2 sets out the amendments that the Bill will make to the NT Self-
government Act.
Clause 4: Objects of Act
The objects in clause 4 refer to removing the Governor-General's powers to
disallow or recommend amendments to ACT enactments and to disallow or
recommend amendments to NT laws.
Schedule 1: Amendment of the Australian Capital Territory
(Self-Government) Act 1988
Schedule 1, item 1: Section 35 is repealed to remove the power of the
Governor-General to disallow, or to recommend the amendment of,
enactments of the ACT under that section.
Schedule 2: Amendment of the Northern Territory (Self-Government) Act
1978
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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