Department of the Legislative Assembly, Northern Territory Government

Ms LEE - 2013-03-27

Can you inform the House why the Territory container deposit scheme legislation Labor introduced was declared invalid by the Federal Court, and advise what you will do to overcome this?

ANSWER

Madam Speaker, I thank the member for Arnhem for her question. I congratulate her on taking up my offer to assist the Minister for Local Government in the shire reform process. Both the minister and the member for Arnhem are doing a fantastic job in this regard.

This is another sad and sorry tale of Labor incompetence when it comes to the container deposit legislation. The previous government knew from the start the legislation was always going to be in trouble. My colleague, the Minister for Lands, Planning and the Environment, raised many concerns about the legislation right from the word go. We found ourselves, earlier this month, in the Federal Court of Australia facing a challenge. The Federal Court determined the container deposit legislation, as introduced by the previous government, was illegal under the Commonwealth Mutual Recognition Act. This is a significant blow to businesses in the Northern Territory, to confidence, and to Territorians who have so much faith in the recycling scheme in the Northern Territory.

It is important to note that since the scheme started - albeit under a poorly designed legislative framework by the previous Labor government and, again, something we have to fix - more than 52 million containers have been recycled. A total of 52 481 000 or 3897 tonnes have been deposited. This is a real win for Territorians and for the recycling agenda and support for the environment.

It is something we support. We have tried to clean up Labor’s mess, yet again, around container deposit legislation. If their legislation …

Ms LAWRIE: A point of order, Madam Speaker! Why has the opposition been blocked from a briefing by the Solicitor-General? Why have you been blocking the briefing request?

Madam SPEAKER: Opposition Leader, there is no point of order. Please sit down.

Mr GILES: We are seeking to pursue the benefits of the container deposit legislation. We have been in communication with all state and territory jurisdictions to seek their support for a way around this issue with the Mutual Recognition Act.

I can indicate that jurisdictions around the nation have provided a positive response to allowing exemption for the Northern Territory from the Commonwealth’s Mutual Recognition Act. We will be taking this to COAG in the coming weeks and will be seeking support to get a permanent exemption so we can continue the container deposit legislation. I look forward to that day and thank other jurisdictions for their support. I look forward to working with the Prime Minister to ensure consumers in the Northern Territory, who seek to recycle so much, can continue with that scheme.
Last updated: 09 Aug 2016