Statutory Rules
1978 No. 102
REGULATIONS UNDER THE NORTHERN TERRITORY (SELF-GOVERNMENT) ACT 1978*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Northern Territory (Self-Government) Act 1978.
Dated this twenty-seventh day of June 1978.
Governor-General
By His Excellency’s Command,
Minister of State for the Northern Territory
NORTHERN TERRITORY (SELF-GOVERNMENT) REGULATIONS
Citation
1. These Regulations may be cited as the Northern Territory (Self-Government) Regulations.
Commencement
2. These Regulations shall come into operation on 1 July 1978.
Interpretation
3. In these Regulations, unless the contrary intention appears—
“ the Act ” means the Northern Territory (Self-Government) Act 1978;
“ transferred contract ” means a contract included in a class of prescribed contracts described in the Schedule, being prescribed contracts within the meaning of sub-section 71 (2) of the Act.
Executive authority of Ministers of the Territory
4. (1) Subject to sub-regulations (2) and (4), the Ministers of the Territory are to have executive authority under section 35 of the Act in respect of the following matters:
Matters in respect of which enactments may be made under sections 12 and 13 and Part V of the Act
* Notified in the Commonwealth of Australia Gazette on 29 June 1978.
12655/78—Cat. No. Recommended retail price 20c 12/21.6.1978
Matters in respect of which duties, powers, functions and authorities are imposed or conferred by or under another Act in force in the Territory on a Minister of the Territory
Taxation, including stamp duty
Provision of rural, industrial and home finance credit and assistance
The Public Service of the Territory
Maintenance of law and. order and the administration of justice (including legal aid and correctional services)
Police
Private law
Administration of estates and trusts
Civil liberties
Inquiries and administrative reviews (including matters relating to a Territory ombudsman)
Markets and marketing
Corporate affairs
Marketable securities
Consumer affairs
Sales and leases of goods, supply of services, and security interests in or over goods
Prices and rent control
Industry (including forestry, fisheries, pastoral, agricultural, building and manufacturing)
Regulation of businesses and professions
Tourism
Printing and publishing
Labour relations (including training and apprenticeship and workers’ compensation and compulsory insurance or indemnity therefor)
Industrial safety
Mining and minerals (including gases and hydrocarbon fuels)
Land, public and private (including internal waters)
Urban planning and development
Surface transport regulation (including traffic control, carriers, roads and bridges, vehicle registration and compulsory third party insurance, driver licensing and road safety)
Ports and harbours
Environment protection and conservation (including parks, reserves and gardens and preservation of historical objects and areas)
Flora and fauna
Fire prevention and control
Water resources
Energy planning and regulation
Public utilities
Public works
Registration of land titles, instruments, and births, deaths and marriages
Local government
Housing
Child, family and social welfare
Museums, libraries and art galleries
Scientific research
Recreation, entertainment and sport
Community, cultural and ethnic affairs
Lotteries, betting and gaming
Liquor
Firearms, explosives and hazardous and dangerous substances
Civil defence and emergency services
Censorship
Agreements between the Territory and the Commonwealth or a State or States
Matters incidental to the execution of any executive authority vested in the Ministers of the Territory.
(2) Matters specified in sub-regulation (1) shall not be construed as including or relating to—
(a) the mining of uranium or other prescribed substances within the meaning of the Atomic Energy Act 1953 and regulations under that Act as in force from time to time;
(b) Aboriginal land rights;
(c) poisons or dangerous or prohibited drugs in so far as the possession or use of them relates to public health; or
(d) the legal profession, the sheriff or juries.
(3) Subject to sub-regulations (2) and (4), the inclusion of any matter in sub-regulation (1) (whether with another matter or as a separate matter) does not derogate from or affect the generality of any other matter specified in that sub-regulation.
(4) A matter specified in sun-regulation (1) shall be construed subject to the provisions of this regulation, the Act and any
other Act and regulations under another Act in force in the Territory, and so as not to be inconsistent with those provisions, to the intent that, where such a matter would, but for this sub-regulation, have been construed as being so inconsistent, it shall nevertheless be a matter for executive authority under section 35 of the Act to the extent to which it is not so inconsistent.
References to the Commonwealth in transferred contracts
5. For each reference in a transferred contract to the Commonwealth (being a reference to the Commonwealth as a party to the contract or a reference to an authority, Department or other body, or to an officer, of the Commonwealth representing the Commonwealth as a party to the contract) there shall be substituted a reference to the Northern Territory of Australia.
References to Commonwealth officers, &c., in transferred contracts
6. (1) Where in a transferred contract there is a reference to an officer of the Commonwealth, or to an officer of an authority or other body of the Commonwealth, being a reference to such an officer otherwise than as representing the Commonwealth as a party to the contract, the reference shall be read as a reference to the person who is, for the time being, holding, or exercising the powers and functions of, the corresponding office, if any, of the Territory or of an authority or body of the Territory.
(2) Where in a transferred contract there is a reference to an authority or other body of the Commonwealth otherwise than as representing the Commonwealth as a party, the reference shall be read as a reference to the corresponding authority or body, if any, of the Territory.
(3) Where there is no such office, authority or other body corresponding to the reference in the transferred contract, the reference shall be read as a reference to such office, authority or body of the Territory as the Administrator, by instrument in writing, directs.
Rights, &c., under transferred contracts or collateral documents
7. (1) Rights, obligations and liabilities of the Commonwealth under a transferred contract, and under any document that is collateral to such a transferred contract, become, on and after 1 July 1978, rights, obligations, and liabilities of the Northern Territory of Australia.
(2) Where, immediately before 1 July 1978, an amount of money was due to or by the Commonwealth under a transferred contract, that amount of money remains due to or by the Commonwealth until it is paid.
SCHEDULE Regulations 5, 6 and 7
CLASSES OF TRANSFERRED CONTRACTS
Agreements with applicants for advances under Part II or Part III of the Mining Assistance Ordinance 1939 of the Northern Territory or that Ordinance as amended
Contracts with veterinary surgeons for the testing of cattle for tuberculosis
Contracts with collectors of blood samples from cattle for serological testing for brucellosis
Contracts with laboratories for serological testing for brucellosis of blood or other samples taken from cattle
Agreements under the Water Supplies Development Ordinance 1960 of the Northern Territory, or that Ordinance as amended, with landholders relating to the conditions of advances in respect of work for the development or improvement of a water supply or for the development of land for irrigation or relating to the conditions on which information or advice is provided to landholders on problems of water development
Agreements with borrowers from the Darwin Business Relief Loan Fund with respect to the repayment of principal and payment of interest and other charges in respect of relief loans from the Fund and the giving of securities for them
Contracts entered into by the Department of Administrative Services on behalf of the Commonwealth with lessors for the leasing of premises of which, on 1 July 1978, a Department or authority of the Territory is the lessee, and for incidental maintenance, cleaning, security and other services of or in respect of those premises
Contracts entered into by the Department of Administrative Services on behalf of the Commonwealth with contractors for the maintenance, cleaning, security and other services of or in respect of premises of which, on 1 July 1978, a Department or authority of the Territory is the lessee
Contracts entered into by or on behalf of the Commonwealth for supplies (including works, stores and services) for or by a Department or authority of the Commonwealth in the Northern Territory, or part of such a Department or authority, in connection with the exercise of powers and functions in relation to matters specified under section 35 of the Act, being contracts tenders for which were considered by a Departmental Tender Board or contracts summaries of the provisions of which were published in the Government Gazette of the Territory
Contracts entered into on behalf of the Commonwealth by the Department of Construction (or that Department under a former name) or by an officer of that Department with consultants or contractors with respect to matters that are, on 1 July 1978, within the functions and powers of the Northern Territory Electricity Commission
Contracts entered into on behalf of the Commonwealth by the Department of Construction (or that Department under a former name) or by an officer of that Department with consultants or contractors for works in relation to matters specified tinder section 35 of the Act.
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