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Restoring Territory Rights Bill 2018

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2016-2017-2018

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

Restoring Territory Rights Bill 2018

 

 

 

EXPLANATORY MEMORANDUM

and

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

 

 

 

 

 

 

Circulated by authority of

Andrew Leigh and Luke Gosling



Restoring Territory Rights Bill 2018

 

 

 

OUTLINE

 

The Restoring Territory Rights Bill 2018 will remove constraints that the Commonwealth Government placed on the legislative powers of the Australian Capital Territory and Northern Territory in 1997.

 

The bill restores the democratic rights of citizens in the Territories by removing a constraint on the legislative authority of their elected representatives which does not exist anywhere else in Australia.

 

The bill recognises that Territorians deserve the same democratic freedoms to debate and legislate around complex issues like euthanasia, but it ensures that the Rights of the Terminally Ill Act (NT) is not automatically revivified. This will ensure the Parliaments of both the Northern Territory and the ACT, and the people they represent, can interrogate the issue in a time and manner of its choosing, with the benefit of recent legislative work in this area.

 

FINANCIAL IMPACT

 

The bill will have no financial impact.

 

NOTES ON CLAUSES

 

NOTES ON CLAUSES



Clause 1: Short title

 

1.         This clause provides for the Act, when enacted, to be cited as the Restoring Territory Rights Act 2018 .

 

Clause 2: Commencement

 

2.         This clause provides for sections 1 to 3, and anything in the Bill not elsewhere covered by the commencement table, to commence on the day the Bill receives the Royal Assent, and for the commencement of Schedule 1 to the Bill 28 days after it receives the Royal Assent.

 

Clause 3 - Schedules

 

3.         This clause provides that legislation that is specified in a Schedule to the Bill is amended or repealed as set out in that Schedule, and any other item in a Schedule operates according to its terms.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

 

Part 1 - Amendments

 

Australian Capital Territory (Self-Government) Act 1988

 

Item 1 - Subsections 23(1A) and (1B)

 

4.         This item repeals subsections 23(1A) and (1B), as inserted by the Euthanasia Laws Act 1997 , which prevented the Australian Capital Territory from enacting assisted suicide legislation.

 

Northern Territory (Self-Government) Act 1978

 

Item 2 - Section 50A

 

5.         This item repeals section 50A, as inserted by the Euthanasia Laws Act 1997, which prevented the Northern Territory from enacting assisted suicide legislation and rendered the Rights of the Terminally Act (NT) inoperative.

 

Part 2 - Application

 

Item 3 - Application

 

6.         Paragraph (1)(a) ensures that the Rights of the Terminally Ill Act (NT) remains in effect in relation to any act or thing done while it was in force before the enactment of the Euthanasia Laws Act 1997 .

 

7.         Paragraph (1)(b) ensures that the Rights of the Terminally Ill Act (NT) has no effect in relation to any act or thing done after  it was rendered inoperative.

 

8.         Subitem (2) ensures that subitem (1) remains on foot unless the Northern Territory legislates to the contrary after the commencement of this item.

 



STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Restoring Territory Rights Bill 2018

 

This bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Overview of the bill

 

The bill restores the democratic rights of citizens in the Territories by removing a constraint on the legislative authority of their elected representatives which does not exist anywhere else in Australia.

 

Human rights implications

 

This bill advances the human rights of citizens in the Northern Territory and Australian Capital Territory by removing a constraint on the legislative authority of their elected parliaments that does not exist elsewhere in Australia.

 

Conclusion

 

This bill does not raise any human rights issues and advances the democratic rights of citizens of the Northern Territory and Australian Capital Territory.

 

 

 

Andrew Leigh and Luke Gosling