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Debates and Questions - Day 1 - 24 April 2020



Debates and Questions - Day 1 - 24 April 2020

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Parliamentary Record 27


Debates and Questions for 13th Assembly 2019 - 2020; ParliamentNT; Parliamentary Record; 13th Assembly 2016 - 2020




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Debates and Questions

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Legislative Assembly of the Northern Territory

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Attribution International 4.0 (CC BY 4.0)

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Legislative Assembly of the Northern Territory



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DEBATES AND QUESTIONS Friday 24 April 2020 8329 Consideration in detail Clauses 1 to 4, by leave, taken together and agreed to. Clauses 5 to 10: Mrs FINOCCHIARO: In section 11B, under the terms of the bill the power to issue an enforced modification notice will be extended as long as the declared emergency is in force in relation to COVID-19. Have there been any projections as to what benchmarks might be required and how long it might take until the emergency declaration is discontinued? Ms FYLES: We will continue to follow the advice of our health professionals. That is in place for up to 90 days and at that point can be continued. We do not know how long Coronavirus will impact our communityour world. It is whilst that is in place. Mrs FINOCCHIARO: But the government is able to make it less than the 90 days if that is the situation? Ms FYLES: If the Chief Health Officer was to advise us and declare that the health emergency was over, it would end at that point. Remember, this was legislation that was for five days. Rather than doing it every five days we did it for 90 days. In preparing to head into the next 90 days, we would seek advice from the Chief Health Officer. It would be stood up for the next 90 days but if, during that period, we suddenly found a vaccine or a cureI am being very optimisticthat could end. Mrs FINOCCHIARO: Would that automatically trigger the end of the operation of this legislation? Ms FYLES: Correct. Mrs FINOCCHIARO: There is no requirement to do anything additional. Once the emergency is declared a non-emergency, it is automatic? Ms FYLES: Correct, that is the way the bill is drafted. Mrs FINOCCHIARO: In respect to subsections 11B(2) and (3) it seems to allow the minister to make provisions that have no connections to tenancies. For example, 11B(3)(b)(i) allows the minister to make provisions by modification notice. It says: in relation to aspects of business leases or occupation arrangements to which this Act does not otherwise apply. It seems to be quite expansive power. What is contemplated by this section and what are the confines of this power? Ms FYLES: There are businesses under the Business Tenancies (Fair Dealings) Act already carved out. It is specific to those sections, I think it is (6) to (8). Mrs FINOCCHIARO: That referral to aspects of business leases or occupation arrangements is specifically linked to a subset of businesses under the act? Ms FYLES: Yes, under the existing act. There is already a carve-out in the existing act for some businesses, so it is recognising that in these provisions. Mrs FINOCCHIARO: So your power is confined to those who are in the carve-out? Ms FYLES: We have the ability to include them if we want to. Mrs FINOCCHIARO: As an example, could this clause be used to make directions regarding industrial relations matters or other arrangements? Are there any legal impediments as to exercising that power, which is unrelated to the act itself? Ms FYLES: No. Mrs FINOCCHIARO: So your power has to be found within the act. It cannot be found in excess of it?