THE TERRITORY OF ASHMORE AND CARTIER ISLANDS
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Application of Laws Ordinance 1989
No. 2 of 1989
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Ashmore and Cartier Islands Acceptance Act 1933.
Dated 29 august 1989.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
Minister of State for the Arts, Tourism and Territories
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An Ordinance applying some laws and repealing others
Short title
1. This Ordinance may be cited as the Application of Laws Ordinance 1989.1
Commencement
2. This Ordinance commences on the day on which the Ashmore and Cartier Islands Acceptance Amendment Act 1985 comes into operation.
Repeal
3. Subject to section 4, the laws in force in the Territory specified in Schedule 1 are repealed.
Prohibition of certain acts that are prohibited in the Northern Territory
4. (1) Where under an Act of the Northern Territory specified in Schedule 2, as in force from time to time, a person is prohibited from doing an act in that Territory unless he or she is permitted, in a manner specified in that Act, to do that act, a person shall not do that act in the Territory unless he or she is so permitted to do that act in the Northern Territory or unless he or she is permitted to do that act in a State, or another Territory, in a manner specified in a law of that State or of that other Territory.
Penalty: (a) if the offender is a natural person—$1,000 or imprisonment for 6 months or both; or
(b) if the offender is a body corporate—$5,000.
(2) Where, in proceedings for an offence against subsection (1) in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent who engaged in the conduct within the scope of his or her actual or apparent authority, had that state of mind.
(3) For the purposes of subsection (1), any conduct engaged in on behalf of a corporation:
(a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or
(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;
shall be deemed to have been engaged in by the corporation.
(4) The reference in subsection (2) to the state of mind of a person includes a reference to the knowledge, intention, opinion, belief or purpose of the person and the person’s reasons for his or her intention, opinion, belief or purpose.
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SCHEDULE 1 Section 3
LAWS REPEALED
Item | Act |
1 | Abattoirs and Slaughtering Act |
2 | Aboriginal Land Act |
3 | Aboriginal Sacred Sites Act |
4 | Administrators Pensions Act |
5 | Adoption of Children Act |
6 | Advanced Education and Darwin Institute of Technology Act |
7 | Agricultural Development and Marketing Act |
8 | Anglican Church of Australia Act |
9 | All Appropriation Acts |
10 | Angurugu Community Government Council (Water Pollution) Act |
11 | Araluen Arts and Cultural Trust Repeal Act 1986 |
12 | Architects Act |
13 | Auctioneers Act |
14 | Aviation Act |
15 | Brands Act |
16 | Building Act |
17 | Building Societies Act |
18 | Bushfires Act |
19 | Business Franchise (Tobacco) Act |
20 | Business Names Act |
21 | Caravan Parks Act |
22 | Casino Licensing and Control Act |
23 | Catholic Church in the Northern Territory Act |
24 | Cemeteries Act |
25 | Cigarette Containers (Labelling) Act |
26 | Claims by and against the Government Act |
27 | Classification of Publications Act |
28 | Coal Act |
29 | Cobourg Peninsula Aboriginal Land and Sanctuary Act |
30 | Commercial Arbitration Act |
31 | Commercial and Private Agents Licensing Act |
32 | Commission of Inquiry (Chamberlain Convictions) Act |
33 | Community Welfare Act |
34 | Companies Act |
35 | Companies (Acquisition of Shares) (Application of Laws) Act |
36 | Companies (Administration) Act |
37 | Companies (Application of Laws) Act |
38 | Companies and Securities (Consequential Amendments) Act |
39 | Companies and Securities (Interpretation and Miscellaneous Provisions) (Application of Laws) Act |
40 | Companies (Trustees and Personal Representatives) Act |
41 | Companies (Unclaimed Assets and Moneys) Act |
42 | Conservation Commission Act |
43 | Contracts Act |
44 | Control of Roads Act |
45 | Co-operative Societies Act |
46 | Co-operative Trading Societies (Loans Guarantee) Act |
47 | Credit Unions Act |
48 | Criminal Investigation (Extra-territorial Offences) Act |
49 | Crown Lands Act |
50 | Crown Lands (Validation of Leases) Act |
51 | Crown Lands (Validation of Proclamations) Act |
SCHEDULE 1—continued
Item | Act |
52 | Cyclone Disaster Emergency Act |
53 | Cyclone Disaster (Moratorium) Act |
54 | Dairies Supervision Act |
55 | Darwin Port Authority Act |
56 | Darwin Radio—Telegraph Station Act |
57 | Darwin Rates Act |
58 | Dental Act |
59 | Disasters Act |
60 | Disposal of Uncollected Goods Act |
61 | Dog Act |
62 | Door to Door Sales Act |
63 | Early Closing Act |
64 | Education Act |
65 | Electoral Act |
66 | Electrical Workers and Contractors Act |
67 | Electricity Commission Act |
68 | Encroachment of Buildings Act |
69 | Energy Pipelines Act |
70 | Energy Resource Consumption Levy Act |
71 | Exotic Diseases (Animals) Compensation Act |
72 | Federal Hotels Casino (Compensation) Act |
73 | Fences Act |
74 | Film Classification Act |
75 | Financial Administration and Audit Act |
76 | Fire Service Act |
77 | Fire Service Arbitral Repeal Act |
78 | Fish and Fisheries Act |
79 | Flag and Emblem Act |
80 | Forestry Act |
81 | Futures Industry (Application of Laws) Act |
82 | Grain Marketing Act |
83 | Guardianship of Infants Act |
84 | Hawkers Act |
85 | Health Practitioners and Allied Professionals Registration Act |
86 | Hire-Purchase Act |
87 | Hospital Management Boards Act |
88 | Hotel-keepers Act |
89 | Housing Act |
90 | Housing Loans Act |
91 | Human Tissue Transplant Act |
92 | Industry and Employment Training Act |
93 | Intestate Aboriginals (Distribution of Estates) Act |
94 | Jabiru Town Development Act |
95 | Land and Business Agents Act |
96 | Lands Acquisition Act |
97 | Lands Acquisition (Pastoral Leases) Act |
98 | Law Officers Act |
99 | Legal Practitioners Act |
100 | Legal Practitioners (Incorporation) Act |
101 | Legislative Assembly Members’ Superannuation Act |
102 | Legislative Assembly Members’ Remuneration Act |
103 | Legislative Assembly (Powers and Privileges) Act |
104 | Legislative Assembly (Register of Members’ Interests) Act |
SCHEDULE 1—continued
Item | Act |
105 | Legislative Assembly (Speaker) Act |
106 | Licensed Surveyors Act |
107 | Liquefied Petroleum Gas (Subsidy) Act |
108 | Liquor Act |
109 | Litter Act |
110 | Loans Redemption Fund Act |
111 | Local Government Act |
112 | Local Government Grants Commission Act |
113 | Lotteries and Gaming Act |
114 | Marine Act |
115 | Marine Act 1981 |
116 | Marine Board and Navigation Act, 1881 |
117 | Marketable Securities Act |
118 | Marriage Validating Act |
119 | Meat Industry Act |
120 | Medical Practitioners Registration Act |
121 | Medical Services Act |
122 | Menzies School of Health Research Act |
123 | Mineral Royalty Act |
124 | Minerals (Acquisition) Act |
125 | Mines Safety Control Act |
126 | Mining Act |
127 | Mining Assistance Act |
128 | Mining (Gove Peninsula Nabalco Agreement) Act |
129 | Money-lenders Act |
130 | Mortgagors’ Interest Reduction Act |
131 | Motor Accidents (Compensation) Act |
132 | Motor Vehicles Act |
133 | Motor Vehicle Dealers Act |
134 | Museums and Art Galleries Act |
135 | National Companies and Securities Commission (Northern Territory Provisions) Act |
136 | National Crime Authority (Territory Provisions) Act |
137 | National Trust (Northern Territory) Act |
138 | Native and Historical Objects and Areas Preservation Act |
139 | Northern Territory Land Corporation Act |
140 | Northern Territory Products Symbol Act |
141 | Northern Territory Tourist Commission Act |
142 | Noxious Weeds Act |
143 | Nudity Act |
144 | Nursing Act |
145 | Off-shore Waters (Application of Territory Laws) Act |
146 | Oil Refinery Agreement Ratification Act |
147 | Ombudsman (Northern Territory) Act |
148 | Optometrists Act |
149 | Palmerston Development Authority Repeal Act |
150 | Pawnbrokers Act |
151 | Pay-roll Tax Act |
152 | Pet Meat Act |
153 | Petroleum Act |
154 | Petroleum Products Subsidy Act |
155 | Petroleum (Submerged Lands) Act |
156 | Pharmacy Act |
157 | Place Names Act |
158 | Places of Public Entertainment Act |
SCHEDULE 1—continued
Item | Act |
159 | Planning Act |
160 | Planning (Validation) Act |
161 | Plant Diseases Control Act |
162 | Plumbers and Drainers Licensing Act |
163 | Power and Water Authority Act |
164 | Presbyterian Church (Northern Territory) Property Trust Act |
165 | Prevention of Cruelty to Animals Act |
166 | Prevention of Pollution of Waters by Oil Act |
167 | Prices Regulation Act |
168 | Printers and Newspapers Act |
169 | Prisons (Arbitral Tribunal) Act |
170 | Prisons (Correctional Services) Act |
171 | Private Hospitals and Nursing Homes Act |
172 | Public Employment (Modification of Terms and Conditions of Employment) Act |
173 | Public Service Act |
174 | Racing and Betting Act |
175 | Racing, Gaming and Liquor Commission Act |
176 | Radiographers Act |
177 | Real Property Act |
178 | Real Property (Insurance Money Application) Act |
179 | Real Property (Special Provisions) Act |
180 | Real Property (Unit Titles) Act |
181 | Remuneration (Statutory Bodies) Act |
182 | Remuneration Tribunal Act |
183 | Road Safety Council Act |
184 | Salvation Army (Northern Territory) Property Trust Act |
185 | Securities Industry (Application of Laws) Act |
186 | Shire of Litchfield (Transitional Rating) Act |
187 | Silicosis and Tuberculosis (Mine-workers and Prospectors) Act |
188 | Soccer Football Pools Act |
189 | Soil Conservation and Land Utilization Act |
190 | Special Purposes Leases Act |
191 | Status of Darwin Act |
192 | Stock (Artificial Breeding) Act |
193 | Stock Diseases Act |
194 | Stock Foods Act |
195 | Stock Routes and Travelling Stock Act |
196 | Superannuation Act |
197 | All Supply Acts |
198 | Supreme Court (Judges Long Leave Payments) Act |
199 | Supreme Court (Judges Pensions) Act |
200 | Supreme Court Ordinance Repeal Act |
201 | Taxation (Administration) Act |
202 | Teaching Service Act |
203 | Tenancy Act |
204 | Territory Insurance Office Act |
205 | Territory Loans Management Corporation Act |
206 | Territory Motor Vehicles (Liability) Act |
207 | Territory Parks and Wildlife Conservation Act |
208 | The Commercial Bank of Australia Limited (Merger) Act |
209 | The Commercial Banking Company of Sydney Limited (Merger) Act |
210 | Totalizator Administration and Betting Act |
211 | Trade Development Zone Act |
SCHEDULE 1—continued
Item | Act |
212 | Traffic Act |
213 | Transfer of Powers Act |
214 | Transfer of Powers (Further Provisions) Act |
215 | Transfer of Powers (Health) Act |
216 | Transfer of Powers (Law) Act |
217 | Transfer of Powers (Self-Government) Act |
218 | Unit Titles Act |
219 | Uniting Church in Australia Act |
220 | University College of the Northern Territory Act |
221 | Uranium Mining (Environmental Control) Act |
222 | Validation (Conditions of Service) Act |
223 | Valuation of Land Act |
224 | Veterinary Surgeons Act |
225 | Water Supplies Development Act |
226 | Yulara Tourist Village Management Act |
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SCHEDULE 2 Subsection 4 (1)
ACTS OF THE NORTHERN TERRITORY
Item | Act |
1 | Dental Act |
2 | Electrical Workers and Contractors Act |
3 | Health Practitioners and Allied Professionals Registration Act |
4 | Legal Practitioners Act |
5 | Licensed Surveyors Act |
6 | Medical Practitioners Registration Act |
7 | Nursing Act |
8 | Optometrists Act |
9 | Pharmacy Act |
10 | Plumbers and Drainers Licensing Act |
11 | Radiographers Act |
12 | Veterinary Surgeons Act |
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NOTE
1. Notified in the Commonwealth of Australia Gazette on 5 September 1989.