Bill
Restoring Territory Rights Bill 2022
passed, as at 2022-12-13.
- Sponsor
- Luke Gosling
- Portfolio
- Not recorded
Recorded stages
- second reading — 2022-08-01
- second reading — 2022-08-01
- other — 2022-08-01
- second reading — 2022-08-02
- other — 2022-08-03
- second reading — 2022-08-03
- third reading — 2022-08-03
- introduced — 2022-08-03
- second reading — 2022-08-03
- second reading — 2022-09-05
- second reading — 2022-09-08
- second reading — 2022-09-28
- second reading — 2022-10-27
- second reading — 2022-11-24
- second reading — 2022-11-24
- committee — 2022-11-24
- committee — 2022-12-01
- third reading — 2022-12-01
- passed — 2022-12-01
- royal assent — 2022-12-13
Divisions
- Restoring Territory Rights Bill 2022 - Third Reading - Pass the bill — 2022-08-03, House of Representatives: affirmative, ayes 99, noes 38
- Restoring Territory Rights Bill 2022 - Second Reading - Agree with bill's main idea — 2022-11-24, Senate: affirmative, ayes 41, noes 25
- The majority voted against [amendments](https://www.openaustralia.org.au/senate/?gid=2022-12-01.426.2) introduced by Northern Territory [Jacinta Nampijinpa Price](https://theyvoteforyou.org.au/people/senate/nt/jacinta_nampijinpa_price) (Country Liberal Party), which means they failed. ### What do the amendments do? Senator Nampijinpa Price [explained that](https://www.openaustralia.org.au/senate/?gid=2022-12-01.426.2): > *The purpose of the Restoring Territory Rights Bill 2022 is to amend the Australian Capital Territory (Self-Government) Act 1988 and the Northern Territory (Self-Government) Act 1978 to remove the provisions currently preventing the territories from passing legislation which would allow for voluntary assisted dying. The bill would not legalise that in either of the territories but rather would allow the legislative assemblies of the ACT and the NT to pass laws allowing for VAD. Despite what the Labor Northern Territory and federal House of Representatives members have portrayed of me publicly, I do support the bill and am doing my job—which they should note how to better do themselves—in making a bad bill better for the Territory. I'll say this again: I absolutely support the rights of Territorians. The proposed amendments, drafted by the parliamentary clerk, have been developed to ensure that the exact restraints that are currently operative in state law are applied in the Territory, because we have some of the most vulnerable communities and people in Australia.* ### Why are the major parties split on how to vote? This was a [free vote](https://theyvoteforyou.org.au/help/faq#free) (also known as a conscience vote), which means our senators voted according to their own beliefs rather than voting along party lines. ### Amendment text > *(1) Schedule 1, item 1, page 3 (lines 4 and 5), omit the item, substitute:* > >> *1 Subsections 23(1A) and (1B)* >> >> *Repeal the subsections, substitute:* >> >> *(1A) The Assembly has no power to make laws permitti — 2022-12-01, Senate: negative, ayes 25, noes 37
- The majority voted against an [amendment](https://www.openaustralia.org.au/senate/?gid=2022-12-01.450.1) that would have added the words below to an original motion, which means the original motion will remain unchanged. The amendment was introduced by Tasmanian Senator [Jonathon Duniam](https://theyvoteforyou.org.au/people/senate/tasmania/jonathon_duniam) (Liberal). ### Original motion > *That the report from the committee be adopted.* This means that the changes agreed to by the committee would be agreed to and adopted by the Senate. ### Amendment text > *At the end of the motion, add “, but the Senate is of the opinion that if this bill is passed, the Government should ensure that:* > >> *(a) any drug intended for the use of ending human life requires the approval of the Therapeutic Goods Administration, by seeking to amend the Therapeutic Goods Act 1989 so that there is no capacity for exemptions from the provisions of Parts 3-2 and 3-2A of the Act to be granted in relation to such drugs; and* >> >> *(b) the importation of any drug intended for the use of ending human life is prohibited and that no regulation is made under the Customs (Prohibited Imports) Regulations 1956 to provide for the granting of a licence or permission to import any such drug”.* ### Why are the major parties split on how to vote? This was a [free vote](https://theyvoteforyou.org.au/help/faq#free) (also known as a conscience vote), which means our senators voted according to their own beliefs rather than voting along party lines. — 2022-12-01, Senate: negative, ayes 23, noes 42
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2022-08-01.
The bill would undo federal restrictions placed on the ACT and NT parliaments in 1997.
It would give those territories the same lawmaking freedom as the states, including on voluntary assisted dying.
The bill would not automatically revive the Rights of the Terminally Ill Act (NT) that was previously overridden.
- Removes 1997 constraints on the ACT and NT legislative powers.
- Restores democratic rights for territory citizens to debate and legislate on complex issues.
- Ensures the Rights of the Terminally Ill Act (NT) is not automatically revived.
Citizens and elected representatives of the Australian Capital Territory and the Northern Territory.
Sources
em
billhome
frl act