NORTHERN TERRITORY (ADMINISTRATION).

No. 27 of 1910.

An Act to provide for the Provisional Government of the Northern Territory.

[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 Northern Territory (Administration) Act 1910.*

Commencement.

2. This Act shall commence on the day fixed by Proclamation for the commencement of the Northern Territory Acceptance Act 1910.

Definitions.

3. In this Act—

“the Minister” means the Minister of State for External Affairs;

“the Territory” means the Northern Territory.

Administrator.

Appointment of Administrator.

4.—(1.) The Governor-General may appoint an Administrator for the Territory: The Administrator shall be appointed by the Governor-General by Commission under the seal of the Commonwealth, and shall hold office, subject to good behaviour, for five years.

(2.) The Administrator shall exercise and perform all powers and functions that belong to his office according to the tenor of his Commission, and according to such instructions as are given to him by the Minister.

(3.) The Governor-General may appoint, or may delegate to the Minister or the Administrator power to appoint, such officers as are necessary for the administration of the Northern Territory Acceptance Act 1910 or this Act or for the proper government of the Territory.

* The Northern Territory Acceptance Act 1910 was proclaimed to commence on 1st January, 1911. See Gazette, 24th December, 1910, p. 1901.

Application of State Laws.

Effect of continuance of State laws.

5. Where any law of the State of South Australia continues in force in the Territory by virtue of section seven of the Northern Territory Acceptance Act 1910, 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.

Application of Commonwealth Acts.

Application of Commonwealth Conciliation and Arbitration Act 1904–1910.

6. 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.

Application of Australian Industries Preservation Act 1908–1909.

7. 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.

8. 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.

Application of Lands Acquisition Act 1906.

9. The provisions of the Lands Acquisition Act 1906 shall apply to the acquisition by the Commonwealth, for any public purpose, of any land owned in the Territory by any person:

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, at the date of the passing of this Act together with the value of his interest in the improvements on the land at the date of the acquisition of the land.

Postal and telegraphic rates and charges.

10. 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 South Australia.

Disposal of Crown Lands.

11. 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.

Jurisdiction of Courts.

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

(a) continue to have and exercise the jurisdiction in or in relation to 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.

13.—(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 fourteen days of the making thereof, or, if the Parliament is not then sitting, within fourteen 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.