Commonwealth Consolidated ActsAct No. 25 of 1910 as amended
This compilation was prepared on 19 April 2011
taking into account amendments up to Act No. 5 of 2011
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may
be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney-General's Department, Canberra
Contents
Part I--Preliminary 1
1............ Short title [see Note 1] ........................................................................ 1
2............ Commencement [see Note 1] .............................................................. 1
2A......... Interpretation ....................................................................................... 1
Part II--Application of State Laws 2
3............ Certain State laws not to continue in Territory .................................... 2
4............ Effect of continuance of State laws ..................................................... 2
Part III--Application of Commonwealth Acts 3
5............ Application of Fair Work Act 2009 ..................................................... 3
7A......... Resumption of land held under Crown leases ..................................... 3
8............ Postal and telegraphic rates and charges .............................................. 3
Part IV--Disposal of Crown lands 4
9............ Disposal of Crown lands .................................................................... 4
9A......... Dealings with Crown lands ................................................................. 4
Part V--Ordinances 5
12.......... Ordinances .......................................................................................... 5
12AA.... Ordinance not to be re-made while required to be tabled ..................... 8
12AB.... Ordinance not to be re-made while subject to disallowance ................ 9
12AC.... Disallowed Ordinance not to be re-made unless resolution rescinded or House approves 10
12AD.... Regulations, rules and by-laws ......................................................... 10
12AE..... Determinations of fees or charges ..................................................... 10
Part VI--Miscellaneous 12
12C....... Delegation by Minister ...................................................................... 12
12D....... Regulations ....................................................................................... 12
Schedule--Laws of the State of New South Wales which are not to continue in force in the Territory 13
Notes 15
Notes to
the
Seat of Government (Administration) Act
1910 Note 1 The Seat of Government (Administration) Act 1910 as
shown in this
compilation comprises
Act No. 25, 1910 amended as indicated in the Tables below. The Seat of Government (Administration) Act 1910 was
amended by the Workplace Relations Amendment (Work Choices)
(Consequential Amendments) Regulations 2006 (No. 1) (SLI 2006 No. 50).
The amendments are incorporated in this compilation. All relevant information pertaining to application, saving or
transitional provisions prior to 24 November 2000 is not included in this
compilation. For subsequent
information see Table A. The Seat of Government (Administration) Act 1910 was
modified by the A.C.T. Self-Government (Consequential Provisions) Regulations
(1989 No. 3 as amended) see Table B. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
25, 1910 |
25 Nov 1910 |
1 Jan 1911 (see s. 2 and Gazette 1910, p. 1851) |
|
|
|
Seat of Government (Administration) Act 1924 |
8, 1924 |
23 July 1924 |
1 Jan 1925 (see Gazette 1924, p. 2847) |
-- |
|
as amended by |
|
|
|
|
|
Seat of Government (Administration) Act 1928 (a) |
44, 1928 |
28 Sept 1928 |
29 Dec 1928 (see Gazette 1928, p. 3499) |
-- |
|
Judiciary Act 1927 |
9, 1927 |
8 Apr 1927 |
2 Sept 1929 (see Gazette 1929, p. 1854) |
S. 8 |
|
Seat of Government (Administration) Act 1930 |
2, 1930 |
29 Mar 1930 |
1 May 1930 (see Gazette 1930, p. 891) |
Ss. 6-14 |
|
Seat of Government (Administration) Act 1931 |
9, 1931 |
1 July 1931 |
17 Aug 1931 (see Gazette 1931, p. 1311) |
-- |
|
Seat of Government (Administration) Act 1933 |
4, 1933 |
30 May 1933 |
30 May 1933 |
Ss. 4-6 and 8 |
|
Seat of Government (Administration) Act 1939 |
86, 1939 |
15 Dec 1939 |
12 Jan 1940 |
Ss. 5 and 6 |
|
Seat of Government (Administration) Act 1940 |
14, 1940 |
27 May 1940 |
24 June 1940 |
-- |
|
Commonwealth Conciliation and Arbitration Act 1947 |
10, 1947 |
20 May 1947 |
8 Oct 1947 (see Gazette 1947, p. 2915) |
-- |
|
Australian Capital Territory and Jervis Bay (Lands Acquisition) Act 1955 |
70, 1955 |
4 Nov 1955 |
16 Feb 1956 (see Gazette 1956, p. 472) |
S. 5(4) |
|
Seat of Government (Administration) Act 1959 |
90, 1959 |
4 Dec 1959 |
4 Dec 1959 |
S. 5 |
|
Seat of Government (Administration) Act 1963 |
24, 1963 |
28 May 1963 |
25 June 1963 |
S. 3 |
|
Trade Practices Act 1965 |
111, 1965 |
18 Dec 1965 |
Ss. 1, 5, 8, Parts II and III (ss. 9-34) and s. 106: 18
Dec 1965 |
-- |
|
Seat of Government (Administration) Act 1970 |
90, 1970 |
2 Nov 1970 |
30 Nov 1970 |
S. 3(2) |
|
Seat of Government (Administration) Act 1972 |
38, 1972 |
2 June 1972 |
2 June 1972 |
-- |
|
Statute Law Revision Act 1973 |
216, 1973 |
19 Dec 1973 |
31 Dec 1973 |
Ss. 9(1) and 10 |
|
40, 1978 |
12 June 1978 |
12 June 1978 |
-- |
|
|
26, 1982 |
7 May 1982 |
Ss. 205 and 206: 4 June 1982 (b) |
-- |
|
|
as amended by |
|
|
|
|
|
80, 1982 |
22 Sept 1982 |
Part LXXI (ss. 262, 263): (c) |
-- |
|
|
80, 1982 |
22 Sept 1982 |
Ss. 256 and 257: 20 Oct 1982 (d) |
-- |
|
|
115, 1983 |
16 Dec 1983 |
S. 41: 1 June 1984 (see Gazette 1984, No. S201) (e) |
-- |
|
|
65, 1985 |
5 June 1985 |
S. 3: 3 July 1985 (f) |
-- |
|
|
168, 1986 |
18 Dec 1986 |
S. 3: Royal Assent (g) |
S. 5(3) |
|
|
38, 1988 |
3 June 1988 |
S. 3: 1 July 1988 (see Gazette 1988, No. S180) (h) |
S. 5(1) |
|
|
87, 1988 |
8 Nov 1988 |
Ss. 1 and 2: Royal Assent |
-- |
|
|
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 |
99, 1988 |
2 Dec 1988 |
2 Dec 1988 |
-- |
|
as amended by |
|
|
|
|
|
43, 1996 |
25 Oct 1996 |
Schedule 3 (item 73): 2 Dec 1988 (i) |
-- |
|
|
Australian Capital Territory (Planning and Land Management) Act 1988 |
108, 1988 |
6 Dec 1988 |
(j) |
Part X (ss. 56-85) |
|
A.C.T. Self-Government (Consequential Provisions) Act 1988 |
109, 1988 |
6 Dec 1988 |
S. 32: 11 May 1989 (see Gazette 1989, No. S164) (k) |
-- |
|
Lands Acquisition (Repeal and Consequential Provisions) Act1989 |
21, 1989 |
20 Apr 1989 |
9 June 1989 (see s. 2 and Gazette 1989, No.S185) |
-- |
|
Arts, Environment, Tourism and Territories Legislation Amendment Act 1990 |
88, 1990 |
20 Nov 1990 |
Ss. 27 and 28(b), (c): (l) |
-- |
|
Workplace Relations and Other Legislation Amendment Act 1996 |
60, 1996 |
25 Nov 1996 |
Schedule 19 (item 45): Royal Assent (m) |
-- |
|
Snowy Hydro Corporatisation (Consequential Amendments) Act 1997 |
177, 1997 |
21 Nov 1997 |
28 June 2002 (see s. 2 and Gazette 2002, No. S216) |
-- |
|
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 |
137, 2000 |
24 Nov 2000 |
Ss. 1-3 and Schedule 1 (items 1, 4, 6, 7, 9-11,
32): Royal Assent |
Sch. 2 (items 418, 419) [see Table A] |
|
73, 2008 |
3 July 2008 |
Schedule 4 (item 470): 4 July 2008 |
-- |
|
|
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 |
54, 2009 |
25 June 2009 |
Schedule 5 (items 48-51): (n) |
-- |
|
Statute Law Revision Act 2011 |
5, 2011 |
22 Mar 2011 |
Schedule 5 (item 190): 19 Apr 2011 |
-- |
(a) The Seat of Government (Administration) Act 1928 was repealed by section 4 of the Seat of Government (Administration) Act 1930. Section 12 of which provides as follows:
12 The repeal of the Seat of Government (Administration) Act 1924-1929 shall not affect any agreement, licence or permit made, granted or preserved thereunder and existing at the commencement of this Act, or any right, title, interest, power, duty, obligation or liability created by, acquired under, or at any time existing under, or by virtue or in respect of, any such agreement, licence or permit, and all such agreements, licences and permits shall continue to be of the same force and effect as if this Act had not been passed.
(b) The Seat of Government (Administration) Act 1910 was amended by sections 205 and 206 only of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982, subsection 2(12) of which provides as follows:
(12) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.
(c) The Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 was amended by Part LXXI (sections 262 and 263) only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(11) of which provides as follows:
(11) Parts XLIX and LXXI shall be deemed to have come into operation on 4 June 1982.
(d) The Seat of Government (Administration) Act 1910 was amended by sections 256 and 257 only of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982, subsection 2(16) of which provides as follows:
(16) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.
(e) The Seat of Government (Administration) Act 1910 was amended by section 41 only of the Conciliation and Arbitration Amendment Act (No. 2) 1983, subsection 2(2) of which provides as follows:
(2) Sections 3, 6, 7, 8, 9, 10, 12, 14 and 16, subsection 22(3) and sections 27, 39, 40, 41 and 43 shall come into operation on a date, or respective dates, to be fixed by Proclamation.
(f) The Seat of Government (Administration) Act 1910 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1985, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.
(g) The Seat of Government (Administration) Act 1910 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(h) The Seat of Government (Administration) Act 1910 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1988, subsection 2(7) of which provides as follows:
(7) Subsection 4(2) and the amendment of the Seat of Government (Administration) Act 1910 made by this Act commence on a day to be fixed by Proclamation for the purposes of this subsection.
(i) The Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 was amended by Schedule 3 (item 73) only of the Statute Law Revision Act 1996, subsection 2(3) of which provides as follows:
(3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item received the Royal Assent.
(j) The Seat of Government (Administration) Act 1910 was amended by section 55 only of the Australian Capital Territory (Planning and Land Management) Act 1988, section 2 of which provides as follows:
(1) Sections 1, 2 and 55 commence on the day on which this Act receives the Royal Assent.
(2) The amendment of the Seat of Government (Administration) Act 1910 contained in the Schedule commences on the day declared under section 57.
(3) The remaining provisions of this Act (including the other amendments in the Schedule) commence on a day or days to be fixed by Proclamation.
The date fixed in pursuance of subsection 2(2) was 12 March 1991 (see Gazette 1991, No. S62).
The date fixed in pursuance of subsection 2(3) for sections 25, 26, 28-33, 51 and 52 was 11 May 1989 (see Gazette 1989, No. S164), for the remaining sections the date fixed was 31 January 1989 (see Gazette 1989, No. S39).
(k) The Seat of Government (Administration) Act 1910 was amended by section 32 only of the A.C.T. Self-Government (Consequential Provisions) Act 1988, subsection 2(3) of which provides as follows:
(3) The remaining provisions of this Act (including the amendments made by Schedule 5) commence on a day or days to be fixed by Proclamation.
(l) The Seat of Government (Administration) Act 1910 was amended by sections 27 and 28 only of the Arts, Environment, Tourism and Territories Legislation Amendment Act 1990, subsections 2(4) and (5) of which provide as follows:
(4) Part 9, other than paragraph 28(a), is taken to have commenced immediately after the commencement of section 32 of the A.C.T. Self-Government (Consequential Provisions) Act 1988.
(5) Section 28(a) is taken to have commenced on 1 July 1990.
Section 32 commenced on 11 May 1988 (see Gazette 1989, No. S164).
(m) The Seat of Government (Administration) Act 1910 was amended by Schedule 19 (item 45) only of the Workplace Relations and Other Legislation Amendment Act 1996, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(n) Subsection 2(1) (item 13) of the Fair Work (State Referral and Consequential and Other Amendments) Act 2009 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
13. Schedule 5, items 32 to 64 |
Immediately after the commencement of Part 2-4 of the Fair Work Act 2009. |
1 July 2009 (see F2009L02563) |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Part I |
|
|
Heading preceding s. 1.... |
rep. No. 216, 1973 |
|
Heading to Part I............... |
ad. No. 216, 1973 |
|
S. 2A................................... |
ad. No. 109, 1988 |
|
Part II |
|
|
Heading preceding s. 3.... |
rep. No. 216, 1973 |
|
Heading to Part II.............. |
ad. No. 216, 1973 |
|
S. 4...................................... |
am. No. 109, 1988 |
|
Part III |
|
|
Heading preceding s. 5.... |
rep. No. 216, 1973 |
|
Heading to Part III............. |
ad. No. 216, 1973 |
|
Heading to s. 5.................. |
am. No. 60, 1996; No. 54, 2009 |
|
S. 5...................................... |
rs. No. 10, 1947; No. 38, 1972 |
|
|
am. No. 115, 1983 |
|
|
rs. No. 87, 1988 |
|
|
am. No. 109, 1988; No. 60, 1996; SLI 2006 No. 50; No. 54, 2009 |
|
S. 6...................................... |
rep. No. 111, 1965 |
|
S. 7...................................... |
rep. No. 137, 2000 |
|
S. 7A................................... |
ad. No. 70, 1955 |
|
|
am. No. 21, 1989 |
|
Part IV |
|
|
Heading preceding s. 9.... |
rep. No. 216, 1973 |
|
Heading to Part IV............. |
ad. No. 216, 1973 |
|
S. 9...................................... |
am. No. 4, 1933 |
|
S. 9A................................... |
ad. No. 86, 1939 |
|
|
rs. No. 70, 1955 |
|
|
am. No. 21, 1989 |
|
S. 10.................................... |
rep. No. 70, 1955 |
|
Heading preceding s. 11.. |
rep. No. 216, 1973 |
|
S. 11.................................... |
rep. No. 9, 1927 |
|
|
ad. No. 9, 1931 |
|
|
rep. No. 90, 1970 |
|
Part V |
|
|
Heading preceding s. 12.. |
rep. No. 216, 1973 |
|
Heading to Part V.............. |
ad. No. 216, 1973 |
|
S. 12.................................... |
am. No. 8, 1924 (as am. by No. 44, 1928); No. 86, 1939; No.14, 1940; No. 90, 1959; No. 24, 1963; No. 90, 1970; No. 40,1978; Nos. 26 and 80, 1982; No. 65, 1985; No. 168, 1986; Nos. 99 and 109, 1988; No. 88, 1990; No. 5, 2011 |
|
Ss. 12AA-12AE.................. |
ad. No. 99, 1988 (as am. by No. 43, 1996) |
|
Part VI |
|
|
Heading to Part VI............. |
ad. No. 216, 1973 |
|
S. 12A................................. |
ad. No. 2, 1930 |
|
|
am. No. 90, 1959 |
|
|
rep. No. 108, 1988 |
|
S. 12B................................. |
ad. No. 2, 1930 |
|
|
rep. No. 109, 1988 |
|
S. 12BA............................... |
ad. No. 38, 1988 |
|
|
rep. No. 177, 1997 |
|
S. 12C................................. |
ad. No. 2, 1930 |
|
|
am. No. 73, 2008 |
|
S. 12D................................. |
ad. No. 2, 1930 |
|
Schedule |
|
|
Schedule............................ |
am. No. 216, 1973 |
Table A
Application, saving or transitional provisions
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 (No. 137, 2000)
Schedule 2
418 Transitional--pre-commencement offences
(1) Despite the amendment or repeal of a provision by this Schedule, that provision continues to apply, after the commencement of this item, in relation to:
(a) an offence committed before the commencement of this item; or
(b) proceedings for an offence alleged to have been committed before the commencement of this item; or
(c) any matter connected with, or arising out of, such proceedings;
as if the amendment or repeal had not been made.
(2) Subitem (1) does not limit the operation of section 8 of the Acts Interpretation Act 1901.
419 Transitional--pre-commencement notices
If:
(a) a provision in force immediately before the commencement of this item required that a notice set out the effect of one or more other provisions; and
(b) any or all of those other provisions are repealed by this Schedule; and
(c) the first-mentioned provision is amended by this Schedule;
the amendment of the first-mentioned provision by this Schedule does not affect the validity of such a notice that was given before the commencement of this item.
Table B
Modifications
A.C.T. Self-Government (Consequential Provisions) Regulations
Paragraph 12(2)(b):
Before "take" insert "subject to subsection (2AA).".
After subsection 12(2):
Insert the following subsection:
"(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."