Debates and Questions - Day 1 - 24 April 2020
Parliamentary Record 27
Debates and Questions for 13th Assembly 2019 - 2020; ParliamentNT; Parliamentary Record; 13th Assembly 2016 - 2020
2020-04-24
Made available by the Legislative Assembly of the Northern Territory
English
Debates and Questions
Legislative Assembly of the Northern Territory
Darwin
application/pdf
Attribution International 4.0 (CC BY 4.0)
Legislative Assembly of the Northern Territory
https://creativecommons.org/licenses/by/4.0/
https://hdl.handle.net/10070/787608
https://hdl.handle.net/10070/805272
DEBATES AND QUESTIONS Friday 24 April 2020 8331 Mrs FINOCCHIARO: Is the government then crystal clear on at what point a modification notice will infringe upon thisat what point it becomes an acquisition or not? Ms FYLES: Correct. That is the advice we have been working through, which is why it has been very complex in the Northern Territory situation under the Self-Government Act. Mrs FINOCCHIARO: Was it necessary to have this clause about overriding the private lease agreements? Was there any other way to do it so as not to fall foul of the acquisition of property issue? Ms FYLES: The advice I have is yes, this is the way to do it. Mrs FINOCCHIARO: Is it the governments intention to issue modification notices that do not get to the point of it being deemed as an acquisition of property, thereby causing no issues, or is government well aware of where the line is and will cross the line as required, noting the exposure it creates for government? Ms FYLES: If you put those to us as an (a) and (b), we are going for (a), the first point you made. Mrs FINOCCHIARO: Section 11D appears to give modification notices the force of the law, although they will not actually come through parliament. Can the power to make a law be delegated in this manner, or is that also falling foul of the Self-Government Act? Ms FYLES: The intention is to bring those to parliament and table them and they could be disallowed. Mrs FINOCCHIARO: Modification notices will come in like a normal regulation? Ms FYLES: Yes, under 11B(8): The Minister must table a modification notice in the Legislative Assembly on the next sitting day after it is published in the Gazette. Mrs FINOCCHIARO: That does not necessarily give rise to any ability to debate or look more forensically into the issue, but does that then satisfy this issue of power? It gives that notice the power to not run afoul of the Self-Government Act? Ms FYLES: It is in reference to 11H, which is the disallowance by the Legislative Assembly. It is about five pages long. Mrs FINOCCHIARO: With respect to 11E, is the negotiations time period, referred to in 11E(6), the same as that referred to in 11B(5), and therefore the ministers power is limited to 30 days? Ms FYLES: Section 11B is the power, and 11E(6) defines what happens when you use those notice periods. Mr ACTING DEPUTY SPEAKER: Opposition Leader, can I clarify that is clause 11. We are still doing clauses 1 to 10. That was the original question. Mrs FINOCCHIARO: It is clause 5. Does that mean your power in 11B(5) is limited to 30 days? Ms FYLES: Correct. Mrs FINOCCHIARO: Why is 11FAcquisition on just termsnecessary given that right is already expressly provided in the Self-Government Act? Ms FYLES: If we did not include this provision and then inadvertently had a minor acquisition, it could then make the law invalid. It is designed toeven if we did make that tiny acquisition, compensation could be paid on that, but then the rest of the law stands. Mrs FINOCCHIARO: Have you sought or received advice from the Solicitor-General on the consequences regarding potential liability as a result of the issue of acquisition? Ms FYLES: Yes. Mrs FINOCCHIARO: Is the government willing to share that advice?