Federal Register of Legislation - Australian Government

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Act No. 2 of 1930 as made
An Act to amend the Seat of Government (Administration) Act 1910 and for other purposes.
Date of Assent 29 Mar 1930
Date of repeal 16 Sep 1994
Repealed by Environment, Sport and Territories Legislation Amendment Act 1994

SEAT OF GOVERNMENT (ADMINISTRATION).

 

No. 2 of 1930.

An Act to amend the Seat of Government (Administration) Act 1910, and for other purposes.

[Assented to 29th March, 1930.]

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

Short title and citation.

1.—(1.)  This Act may be cited as the Seat of Government (Administration) Act 1930.

(2.)  The Seat of Government (Administration) Act 1910 is in this Act referred to as the Principal Act.

(3.)  The Principal Act, as amended by this Act, may be cited as the Seat of Government (Administration) Act 1910-1930.

Commencement.

2.  This Act shall commence on a date to be fixed by Proclamation.

Definitions.

3.  In this Act, unless the contrary intention appears—

“the Commission” means the Federal Capital Commission appointed under the Seat of Government (Administration) Act 1924-1929;

“the Territory” means the Territory accepted by the Commonwealth in pursuance of the Seat of Government Acceptance Act 1909, and described in the Second Schedule to that Act, and includes the Territory accepted by the Commonwealth in pursuance of the Jervis Bay Territory Acceptance Act 1915, and described in the agreement contained in the Schedule to that Act.

Repeal.

4.  The Seat of Government (Administration) Act 1924-1929 is repealed.

5.  After section twelve of the Principal Act the following sections are inserted:—

Modification or variation of plan of city and environs.

“12a.—(1.)   The Minister may at any time, by writing under his hand, modify or vary the plan of lay-out of the city of Canberra and its environs, published in the Gazette of the nineteenth day of November, One thousand nine hundred and twenty-five, as modified or varied prior to the date of the commencement of this section, but no such


 

modification or variation shall be made until after the expiration of thirty days after notice of intention, published in the Gazette, so to modify or vary the plan has been given.

“(2.)    A copy of the instrument by which any modification or variation of the plan has been made shall be laid before both Houses of the Parliament within fifteen days of the making thereof if the Parliament is then sitting, or, if not, then within fifteen days of 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 the instrument has been laid before it, disallowing the modification or variation made by the instrument, the modification or variation shall cease to have effect.

“(4.)    The Minister shall not depart from, or do anything inconsistent with, the plan of the city published in the Gazette, with such modifications or variations as have been made prior to the date of the commencement of this section or as are made in pursuance of this section.

Supply of water or electricity to persons outside the Territory.

“2b.    The Minister may, on such terms and conditions as are agreed upon, supply water or electricity from the Territory to any person outside the Territory.

Delegation by Minister.

“12c.—(1.)  The Minister may by writing under his hand, delegate to any person all or any of his powers or functions under any Ordinance made under this Act.

“(2.)    Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister.

Regulations.

“12d.   The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act”.

Validation of Regulations made by authority of Ordinances.

6.—(1.)  All regulations made or purporting to have been made by the authority of any Ordinance under the Principal Act and in force fit the date of the commencement of this Act shall be deemed to be as valid and effectual for all purposes, and to be of the same force and effect, as if they were, at the time of their making, incorporated in the Ordinances under which they were made or purport to have been made.

(2.)  Nothing in this section shall apply to the Roads and Footpaths Regulations published in the Gazette of the tenth day of November, One thousand nine hundred and twenty-seven.

Vesting of land and other property.

7.—(1.)  Any land vested in the Commission immediately prior to the commencement of this Act is hereby vested in the Commonwealth for the same estate as that for which it was held by the Commission.


 

(2.)  All moneys and other assets the property of the Commission immediately prior to the commencement of this Act are hereby vested in the Commonwealth.

Continuance of contracts &c.

8.  Any contract, lease or agreement to which the Commission is a party, which is in force or continuing immediately prior to the commencement of this Act, shall continue in force as if this Act had not been passed:

Provided that the Commonwealth shall be substituted as a party to any such contract, lease or agreement in lieu of the Commission.

Loans.

9.—(1.)  The Commonwealth hereby assumes any liability of the Commission existing or accruing at the commencement of this Act in respect of any moneys borrowed by the Commission under the Seat of Government (Administration) Act 1924-1929 and not redeemed prior to the commencement of this Act.

(2.)  Any sums advanced by the Treasurer to the Commission in pursuance of sub-section (4.) of section twenty of the Seat of Government (Administration) Act 1924-1929 shall be repayable to the Commonwealth Public Account from moneys appropriated as a loan to the Federal Capital Commission.

(3.)  Any moneys appropriated by the Loan Act (No. 2) 1928 or the Loan Act 1929 for the purposes of loans to the Federal Capital Commission may be expended in the construction and supply of all buildings, works, and services required or undertaken by the Commonwealth in the Territory.

(4.)  There shall be payable by the Treasurer to the National Debt Sinking Fund established under the National Debt Sinking Fund Act 1923-1929, the payments which but for this Act would have been payable by the Federal Capital Commission in pursuance of subsection (1e.) of section twenty of the Seat of Government (Administration) Act 1924-1929.

Statement of receipts and expenditure.

10.   The Minister shall as soon as possible after the close of each financial year cause to be prepared and laid before each House of the Parliament a statement of moneys received and expended during that year by the Commonwealth in the administration and development of the Territory.

Appropriation.

11.   The Consolidated Revenue Fund is to the necessary extent hereby appropriated for the purposes of any interest or sinking fund payments to which the Commonwealth is liable in pursuance of the provisions of this Act.

Saving.

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.

References in other Acts to Federal Capital Commission.

13.   Any reference in any Act, other than the Seat of Government (Administration) Act 1924-1929, to the Federal Capital Commission, shall be read as a reference to the Commonwealth or to such other authority (if any) as the Governor-General directs.

Continuance of By-laws under repealed Act.

14.—(1.)   Notwithstanding the repeal of the Seat of Government (Administration) Act 1924-1929, the By-laws specified in the first column of the Schedule to this Act shall continue in force as regulations under the Principal Act subject to the amendments respectively specified in the second column of that Schedule.

(2.)  Any By-laws so continued in force may be repealed or amended by regulations made under the Principal Act.

 

THE SCHEDULE.

First Column.

Second Column.

Transportation By-laws

..Omit “Commission” (wherever occurring), insert “Commonwealth”.

Protection of Lands By-laws

..Omit from By-law No. 2 the definition of “Lands”, insert the following definition “‘Lands’ means lands vested in the Commonwealth”.

Accommodation By-laws

..By-laws Nos. 3 to 11 (both inclusive) omit “Commission” (wherever occurring), insert “Minister”.

Public Bathing By-laws

..Omit from By-law No. 2 the definition of “the Commission”.

By-laws Nos. 3 to 12 (both inclusive) omit “Commission” (wherever occurring), insert “Minister”.