Commonwealth legislation

Northern Territory National Emergency Response (Availability of Defences) Declaration 2007 (No. 1)

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

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This declaration creates a specific legal exemption for Endyalgout Island (located on the western side of the Cobourg Peninsula in the Northern Territory).

What it does:

Allows people on Endyalgout Island to use specific legal defences if charged with alcohol-related offences under the NT Emergency Response Act (the "Intervention" laws)
These defences (found in subsections 12(3A), (3C), (5A) and (5C) of the parent Act) would otherwise be unavailable in that location
Effectively treats this island differently from other alcohol-restricted areas, permitting legal excuses such as having a permit or other authorised purposes

Why it matters: During the 2007 NT Intervention, the federal government imposed strict alcohol bans across many Aboriginal communities. This instrument creates a narrow, targeted exception for Endyalgout Island, preserving specific legal protections for residents or visitors there despite the broader restrictions.

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Current sections

Direct links to the current provisions in Northern Territory National Emergency Response (Availability of Defences) Declaration 2007 (No. 1).

Northern Territory National Emergency Response (Availability of Defences) Declaration 2007 (No. 1)

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Northern Territory National Emergency Response (Availability of Defences) Declaration 2007 (No. 1)

I, MALCOLM THOMAS BROUGH, Minister for Families, Community Services and Indigenous Affairs, make this Declaration under subsection 12(8A) of the Northern Territory National Emergency Response Act 2007.

Dated 8th Oct 2007

Mal Brough

Minister for Families, Community Services and Indigenous Affairs

1 Name of Declaration

This Declaration is the Northern Territory National Emergency Response (Availability of Defences) Declaration 2007 (No. 1).

2 Commencement

This Declaration commences on 3 October 2007.

3 Availability of Defences

For subsection 12(8A) of the Northern Territory National Emergency Response Act 2007, Endyalgout Island, which is located on the western side of the Cobourg Peninsula, is an area in relation to which a defence under subsections 12(3A), (3C), (5A) or (5C) of that Act is available.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Northern Territory National Emergency Response (Availability of Defences) Declaration 2007 (No. 1)

Northern Territory National Emergency Response (Availability of Defences) Declaration 2007 (No. 1)

Dated 8th Oct 2007

Mal Brough

Minister for Families, Community Services and Indigenous Affairs

1 Name of Declaration

This Declaration is the Northern Territory National Emergency Response (Availability of Defences) Declaration 2007 (No. 1).

2 Commencement

This Declaration commences on 3 October 2007.

3 Availability of Defences