An Act to provide for the Provisional Government of the Territory for the Seat of Government of the Commonwealth
Part I—Preliminary
1 Short title
This Act may be cited as the Seat of Government (Administration) Act 1910.
2 Commencement
This Act shall commence on the proclaimed day referred to in section five of the Seat of Government Acceptance Act 1909.
2A Interpretation
In this Act, unless the contrary intention appears:
enactment has the same meaning in the Australian Capital Territory (Self‑Government) Act 1988.
Part II—Application of State Laws
3 Certain State laws not to continue in Territory
Notwithstanding anything in section six of the Seat of Government Acceptance Act 1909, the laws of the State of New South Wales described in the Schedule to this Act shall not continue in force in the Territory.
4 Effect of continuance of State laws
Where any law of the State of New South Wales continues in force in the Territory by virtue of section six of the Seat of Government Acceptance Act 1909, it shall, subject to any Ordinance made by the Governor‑General, have effect in the Territory as if it were a law of the Territory:
Provided that, with respect to any such law (other than such law that is an enactment), the Governor‑General may by Ordinance declare that it shall, while the Ordinance remains in force, but subject to the provisions of the Ordinance, have effect in the Territory, and continue to be administered by the authorities of the State, as if the Territory continued to form part of the State.
Part III—Application of Commonwealth Acts
5 Application of Fair Work Act 2009
(3) The powers of the Fair Work Commission do not extend to employment in relation to which a tribunal established by an Ordinance in force under this Act or by an enactment, whether made or passed before or after the commencement of this section, has power to hear and determine disputes, claims or matters relating to the terms and conditions of the employment.
(4) An Ordinance under this Act or an enactment may make provision for a member of the Fair Work Commission to constitute, or be a member of, a tribunal of the kind referred to in subsection (3), and nothing in this section or the Fair Work Act 2009 prevents a member of the Fair Work Commission from accepting appointment or performing duties as, or as a member of, such a tribunal.
7A Resumption of land held under Crown leases
The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an Ordinance or other law of the Territory (including an Ordinance or other law made before the commencement of this section) for or in relation to the resumption of land held under leases granted by or on behalf of the Crown in accordance with the provisions of those leases or otherwise on just terms.
8 Postal and telegraphic rates and charges
The rates and charges for postal articles and telegrams in the Territory and to and from the Territory shall be the same as if the Territory continued to be part of the State of New South Wales.
Part IV—Disposal of Crown lands
9 Disposal of Crown lands
No Crown lands in the Territory shall be sold or disposed of for any estate of freehold, except in pursuance of some contract entered into, or the right to enter into which existed before the commencement of this Act, or except for the purpose of giving effect to some right which existed before the commencement of this Act under or by virtue of any law of the State of New South Wales which has continued in force in the Territory by virtue of section six of the Seat of Government Acceptance Act 1909, or of that Act as subsequently amended.
9A Dealings with Crown lands
The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an Ordinance or other law of the Territory (including an Ordinance or other law made before the commencement of this section) by virtue of which:
(a) lands in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with;
(b) instruments, receipts and other documents in relation to any such lands may be executed; or
(c) rights, duties and liabilities in relation to any such lands are or may be acquired, conferred or imposed.
Part V—Ordinances
12 Ordinances
(1) Subject to subsection, (1B) the Governor‑General may make Ordinances for the peace, order and good government of the Territory with respect to:
(a) the jurisdiction, practice and procedure of the Supreme Court of the Territory;
(b) the classification of materials for the purposes of censorship;
(c) evidence;
(d) National Land as defined by the Australian Capital Territory (Planning and Land Management) Act 1988;
(e) companies;
(f) close corporations;
(g) foreign companies;
(h) the acquisition of shares in bodies corporate;
(j) the regulation of the securities industry and the futures industry; and
(k) the subject matter of laws specified in Schedule 3 to the Australian Capital Territory (Self‑Government) Act 1988.
(1A) An Ordinance made under paragraph (1)(d) has no effect to the extent that it is inconsistent with the National Capital Plan in effect under the Australian Capital Territory (Planning and Land Management) Act 1988, but an Ordinance shall be taken to be consistent with the Plan to the extent that it is capable of operating concurrently with the Plan.
(1B) Subject to subsection (1C), paragraphs (1)(a), (c) and (k) cease to have effect:
(a) on or after 1 July 1992; or
(b) after regulations made for the purposes of subsection 34(6) of the Australian Capital Territory (Self‑Government) Act 1988 have amended Schedule 3 to that Act by omitting all the laws in that Schedule, other than those referred to in Schedule 5 to that Act;
whichever occurs sooner.
(1C) Paragraph (1)(k) does not cease to have effect on and after 1 July 1992 in regard to any matter referred to in Schedule 5 to the Australian Capital Territory (Self‑Government) Act 1988.
(2) Every such Ordinance shall:
(a) be notified in the Gazette;
(b) subject to subsection (2AA), take effect:
(i) from the date of notification;
(ii) where another date (whether before or after the date of notification) is specified in the Ordinance, from the date specified; or
(iii) where the Ordinance so provides, from such date as is fixed by the Minister by notice in the Gazette; and
(c) be laid before each House of the Parliament within fifteen sitting days of that House after the day on which the Ordinance is made.
(2AA) An Ordinance that:
(a) makes provision in relation to a matter arising from, connected with or consequential upon the establishment of the Territory as a body politic under the Crown; and
(b) is made on or before Self‑Government Day within the meaning of the A.C.T. Self‑Government (Consequential Provisions) Act 1988;
may be expressed to take effect from the date of commencement of a provision of the Australian Capital Territory (Self‑Government) Act 1988.
(2A) A notice in the Gazette of any such Ordinance having been made, and of the place or places where copies of the Ordinance can be purchased, shall be sufficient compliance with the requirement of paragraph (a) of the last preceding subsection.
(2B) Where a notice of an Ordinance having been made is published in accordance with subsection (2A), copies of the Ordinance shall, at the time of publication of the notice or as soon as practicable thereafter, be made available for purchase at the place, or at each of the places, specified in the notice.
(2C) Where, on the date of publication of a notice referred to in subsection (2B), there are no copies of the Ordinance to which the notice relates available for purchase at the place, or at one or more of the places, specified in the notice, the Minister shall cause to be laid before each House of the Parliament, within 15 sitting days of that House after that date, a statement that copies of the Ordinance were not so available and the reason why they were not so available.
(2D) Failure to comply with a requirement of subsection (2B) or (2C) shall not be taken to constitute a failure to comply with paragraph (2)(a) or subsection (2A).
(3) If an Ordinance is not laid before each House of the Parliament in accordance with paragraph (c) of subsection (2) of this section, it ceases to have effect.
(4) If either House of the Parliament, in pursuance of a motion of which notice has been given within fifteen sitting days after an Ordinance has been laid before that House, passes a resolution disallowing the Ordinance or a part of the Ordinance, the Ordinance or part so disallowed thereupon ceases to have effect.
(5) If, at the expiration of fifteen sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament, being notice given within fifteen sitting days after the Ordinance has been laid before that House:
(a) the notice has not been withdrawn and the motion has not been called on; or
(b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the Ordinance or part, as the case may be, specified in the motion shall thereupon be deemed to have been disallowed.
(5A) If, before the expiration of fifteen sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament:
(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and
(b) at the time of the dissolution, expiry or prorogation, as the case may be:
(i) the notice has not been withdrawn and the motion has not been called on; or
(ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the Ordinance shall, for the purposes of the last two preceding subsections, be deemed to have been laid before that first‑mentioned House on the first sitting day of that first‑mentioned House after the dissolution, expiry or prorogation, as the case may be.
(6) Where an Ordinance is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (3), the disallowance of the Ordinance or the operation of subsection (3) in relation to the Ordinance, as the case may be, has the same effect as a repeal of the Ordinance.
(6A) Where:
(a) an Ordinance (in this subsection referred to as the relevant Ordinance) is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (3); and
(b) the relevant Ordinance repealed, in whole or in part, another Ordinance or any other law that was in force immediately before the relevant Ordinance came into operation;
the disallowance of the relevant Ordinance or the operation of subsection (3) in relation to the relevant Ordinance, as the case may be, has the effect of reviving that other Ordinance or law, as the case may be, from and including the date of the disallowance or the date on which the relevant Ordinance ceased to have effect by virtue of that operation of subsection (3), as the case may be, as if the relevant Ordinance had not been made.
(6B) A reference in subsection (6) or (6A) to an Ordinance shall be read as including a reference to a part of an Ordinance, and a reference in subsection (6A) to a law has a corresponding meaning.
12AA Ordinance not to be re‑made while required to be tabled
(1) Where an Ordinance (in this section called the original Ordinance) has been made, no Ordinance containing a provision being the same in substance as a provision of the original Ordinance shall be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of an Ordinance containing a provision the same in substance as that provision of the original Ordinance.
(2) The period referred to in subsection (1) is the period starting on the day on which the original Ordinance was made and ending at the end of 7 days after:
(a) if the original Ordinance has been laid, in accordance with subsection 12(2), before both Houses of the Parliament on the same day—that day;
(b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 12(2) could have been complied with.
(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
12AB Ordinance not to be re‑made while subject to disallowance
(1) Where notice of a motion to disallow an Ordinance has been given in a House of the Parliament within 15 sitting days after the Ordinance has been laid before that House, no Ordinance containing a provision being the same in substance as a provision of the first‑mentioned Ordinance shall be made unless:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 12(5);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 12(5A) has applied in relation to the Ordinance.
(2) Where:
(a) because of subsection 12(5A), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;
no Ordinance containing a provision being the same in substance as a provision of the first‑mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 12(5);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 12(5A) has applied again in relation to the Ordinance.
(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
(4) This section does not limit the operation of section 12AA or 12AC.
(5) In this section:
Ordinance includes a part of an Ordinance.
12AC Disallowed Ordinance not to be re‑made unless resolution rescinded or House approves
If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 12, and an Ordinance containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months after the date of the disallowance, that provision has no effect, unless:
(a) in the case of an Ordinance, or a part of an Ordinance, disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or
(b) in the case of an Ordinance, or a part of an Ordinance, deemed to have been disallowed—the House of the Parliament in which notice of the motion to disallow the Ordinance or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.
12AD Regulations, rules and by‑laws
(1) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, have no effect.
(2) Subsections 12(4) to (6B), inclusive, and sections 12AA, 12AB and 12AC apply in relation to regulations laid before a House of the Parliament as if, in those provisions, references to an Ordinance were references to regulations and references to a provision of an Ordinance were references to a regulation.
(3) In this section, regulations includes rules and by‑laws.
12AE Determinations of fees or charges
(1) Every determination shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the determination is made and, if it is not so laid before each House of the Parliament, has no effect.
(2) Subsections 12(4) to (6B), inclusive, and sections 12AA, 12AB and 12AC apply in relation to a determination laid before a House of the Parliament as if, in those provisions, references to an Ordinance were references to a determination.
(3) In this section:
determination means a determination made by a Minister under an Ordinance empowering the Minister to determine, by notice published in the Gazette, fees or charges for the purposes of the Ordinance.
Part VI—Miscellaneous
12C Delegation by Minister
(1) The Minister may, by writing under his or her hand, delegate to any person all or any of his or her powers or functions under any Ordinance made under this Act.
(2) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister.
12D Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.
