Commonwealth of Australia Explanatory Memoranda

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STRONGER FUTURES IN THE NORTHERN TERRITORY (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2011

                        2010-2011-2012




 THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                            SENATE




    STRONGER FUTURES IN THE NORTHERN TERRITORY
(CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2011




 FURTHER SUPPLEMENTARY EXPLANATORY MEMORANDUM




     Amendment to be moved on behalf of the Government




                 (Circulated by the authority of the
Minister for Families, Community Services and Indigenous Affairs,
    Minister for Disability Reform, the Hon Jenny Macklin MP)
        STRONGER FUTURES IN THE NORTHERN TERRITORY
    (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2011

          Amendment to be moved on behalf of the Government


OUTLINE

The amendment includes an express provision about the application of the
Racial Discrimination Act 1975 (Racial Discrimination Act) to Part 10 of the
Classification (Publications, Films and Computer Games) Act 1995, as
amended by the Stronger Futures in the Northern Territory (Consequential
and Transitional Provisions) Bill 2011.

The Government has made it clear in explanatory materials that the Racial
Discrimination Act will apply to Part 10 of the Classification (Publications,
Films and Computer Games) Act 1995, as amended by the Stronger Futures
in the Northern Territory (Consequential and Transitional Provisions) Bill 2011.
This Part continues the prohibited material restrictions in certain remote
communities in the Northern Territory. The amendment is proposed to make
the Government's commitment clear to Aboriginal people in the Northern
Territory that nothing in the Part suspends or limits the application of the
Racial Discrimination Act, including the right of a person to seek redress
under the Racial Discrimination Act.

Financial impact statement

The financial impact of this amendment is nil.
  STRONGER FUTURES IN THE NORTHERN TERRITORY (CONSEQUENTIAL
            AND TRANSITIONAL PROVISIONS) BILL 2011

             Amendment to be moved on behalf of the Government


NOTES ON AMENDMENT

Amendment 1 inserts into Schedule 3 new item 3A. This new item inserts into
Part 10 of the Classification (Publications, Films and Computer Games) Act 1995
new clause 99A, entitled `The Racial Discrimination Act is not affected' and providing
that Part 10, as amended by the Stronger Futures in the Northern Territory
(Consequential and Transitional Provisions) Bill 2011, does not affect the operation
of the Racial Discrimination Act.

The purpose of Part 10 is to allow special measures to be taken to protect children
living in Aboriginal communities in the Northern Territory from being exposed to
material that is, or would likely be, Refused classification or classified X18+. The
amendment provides further assurance to Aboriginal people in the Northern Territory
about the application of the Racial Discrimination Act. Such a provision is not
needed for the other parts of the Classification (Publications, Films and Computer
Games) Act 1995 as they are not intended to operate as special measures.