SEAT OF GOVERNMENT (ADMINISTRATION).

No. 25 of 1910.

An Act to provide for the Provisional Government of the Territory for the Seat of Government of the Commonwealth.

[Assented to 25th November, 1910.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Preliminary.

Short title.

1. This Act may be cited as the Seat of Government (Administration) Act 1910.

Commencement.

2. This Act shall commence on the proclaimed day referred to in section five of the Seat of Government Acceptance Act 1909.*

Application of State Laws.

Certain State laws not to continue in Territory.

3. 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.

Effect of continuance of State laws.

4. 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, 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.

Application of Commonwealth Acts.

Application of Commonwealth Conciliation and Arbitration Act 1904–1910.

5. The Commonwealth Conciliation and Arbitration Act 1904-1910 shall apply to industrial disputes in the Territory, as if from the definition of “industrial disputes” in section four of that Act the words “extending beyond the limits of any one State” were omitted.

* The proclaimed day referred to in section five of the Seat of Government Acceptance Act was the 1st January, 1911. See Gazette 8th December, 1910, p. 1851.

Application of Australian Industries Preservation Act 1906–1909.

6. The Australian Industries Preservation Act 1906–1909 shall apply in the Territory as if the words “with other countries or among the States”, wherever they occur in relation to trade or commerce, were omitted.

Application of Secret Commissions Act 1905.

7. The Secret Commissions Act 1905 shall apply in the Territory to trade and commerce in or with the Territory, as if the words “with other countries and among the States” were omitted from section two of that Act.

Postal and telegraphic rates and charges.

8. 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.

Disposal of Crown Lands.

Disposal of Crown lands.

9. 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 before the commencement of this Act.

Acquisition of Land.

Application of Lands Acquisition Act 1906.

10. Section ten of the Seat of Government Acceptance Act 1909 is amended, by omitting the proviso thereto, and inserting in its stead the following proviso:—

“Provided that, in determining the compensation to which the owner is entitled under that Act, the value of the land shall be taken not to exceed the unimproved value of the land, or the interest therein of the owner, on the eighth day of October, One thousand nine hundred and eight, together with the value of his interest in the improvements on the land at the date of the acquisition of the land.”

Jurisdiction of Inferior Courts.

Jurisdiction of inferior courts.

11. For the enforcement of all laws in force in the Territory and the administration of justice in the Territory the several inferior courts of the State of New South Wales shall, subject to any Ordinance made by the Governor-General,

(a) continue to have and exercise the jurisdiction in the Territory which they had before the commencement of this Act; and

(b) have and exercise such jurisdiction as is conferred on them by Ordinance made by the. Governor-General.

Ordinances.

12.—(1.) Until the Parliament makes other provision for the government of the Territory, the Governor-General may make Ordinances having the force of law in the Territory.

(2.) Every such Ordinance shall—

(a) be notified in the Gazette:

(b) take effect from the date of notification, or from a later date to be specified in the Ordinance;

(c) be laid before both Houses of the Parliament within thirty days of the making thereof, or, if the Parliament is not then sitting, within thirty’ days after the next meeting of the Parliament.

(3.) If either House of the Parliament passes a resolution, of which notice has been given at any time within fifteen sitting days after any such Ordinance has been laid before the House, disallowing the Ordinance, the Ordinance shall thereupon cease to have effect.

SCHEDULE.

Laws of the State of New South Wales which are not to continue in force in the Territory.

Conciliation and Arbitration Act 1899 (1899 No. 3).

Industrial Disputes Act 1908 (1908 No. 3).

Industrial Disputes Amendment Act 1908 (1908 No. 24).

Industrial Disputes (Amendment) Act 1909 (1909 No. 26).

Local Government Act 1906 (1900 No. 56).

Local Government (Loans) Act 1907 (1907 No. 1).

Local Government (Amending) Act 1908 (1908 No. 28).

Country Towns Water and Sewerage Act 1880, and all Acts amending or extending it.

All Acts imposing rates, taxes, or duties (except so far as they impose duties on the estate of deceased persons).