2010-2011-2012

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

THE SENATE

 

 

 

 

 

Restoring Territory Rights (Voluntary Euthanasia Legislation) Bill 2012

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

(Circulated by authority of Senator R Di Natale)

 

 

 

 

 

 

 

 

RESTORING TERRITORY RIGHTS (VOLUNTARY EUTHANASIA LEGISLATION) Bill 2012

 

 

OUTLINE

 

The purpose of this bill is to repeal the Euthanasia Laws Act 1997 which amended the Acts regarding self-government in the Northern Territory, Australian Capital Territory and Norfolk Island to prevent the legislative assemblies in those territories from making laws providing for voluntary euthanasia in their respective jurisdictions . It thereby recognises the rights of citizens of these territories and their elected representatives to make laws for the peace, order and good government of their territories.

 

The passage of the Euthanasia Laws Act in 1997 had the effect of overturning the Northern Territory Rights of the Terminally Ill Act 1995 which had been in operation for several months. This bill does not restore that Act, but restores the rights of the respective Legislative Assemblies to make law regarding this issue in future should they chose to do so.

 

NOTES ON CLAUSES

 

Clause 1 - Short Title

 

1.       This is a formal provision specifying the short title.

 

Clause 2 - Commencement

 

2.       This clause provides that the Act will commence the day the Act receives Royal Assent.

 

Clause 3 - Objects of the Act

 

3.       This clause summarises the purpose of the Act.

 

Clause 4 - Schedules

 

4.       This clause provides that an Act that is specified in a Schedule is amended or repealed as set out in that Schedule, and any other item in a Schedule operates according to its terms.

 

 

Schedule 1 - Amendments

 

 

Item 1

 

This item repeals section 50A of the Northern Territory (Self-Government) Act 1978 , which prevents the Northern Territory Legislative Assembly from making laws with respect to voluntary euthanasia.

 

Item 2

 

This item repeals subsections 23(1A) and (1B) of the Australian Capital Territory (Self-Government) Act 1988 which restricts the ACT Legislative Assembly in making laws with respect to voluntary euthanasia.

 

Items 3 and 4

 

These items repeals paragraph 19(2)(d) and subsection 19(2A) of the Norfolk Island Act 1979 which restricts the Norfolk Island Legislative Assembly in making laws with respect to voluntary euthanasia.

 

Schedule 2 - Repeal of the Euthanasia Laws Act 1997

 

The items in this Schedule repeal the Euthanasia Laws Act 1997 in its entirety.