Federal Register of Legislation - Australian Government

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Act No. 7 of 1931 as made
An Act to amend the Northern Territory (Administration) Act 1910-1931.
Date of Assent 26 Jun 1931
Date of repeal 01 Jul 1978
Repealed by Northern Territory (Self-Government) Act 1978

 

NORTHERN TERRITORY (ADMINISTRATION) (No. 2).

 

No. 7 of 1931.

An Act to amend the Northern Territory (Administration) Act 1910-1931.

[Assented to 26th June, 1931.]

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 Northern Territory (Administration) Act (No. 2) 1931.


 

(2.)  Sub-section (3.) of section one of the Northern Territory (Administration) Act 1931 is repealed.

(3.)  The Northern Territory (Administration) Act 1910-1926, as amended by the Northern Territory (Administration) Act 1931 and by this Act, may be cited as the Northern Territory (Administration) Act 1910-1931.

Commencement.

2.   This Act shall be deemed to have commenced upon the date of the commencement of the Northern Territory (Administration) Act 1931.

3.   After section four of the Northern Territory (Administration) Act 1910-1926, as amended by the Northern Territory (Administration) Act 1931, the following section is inserted:—

Appointment of Deputy Administrator.

4a.—(1.)  The Governor-General may authorize the Administrator to appoint any person to be the deputy of the Administrator within any part of the Territory, and in that capacity to exercise during the pleasure of the Administrator such powers and functions of the Administrator as he thinks fit to assign to such deputy subject to any limitations expressed or directions given by the Minister.

“(2.)   The appointment of a deputy shall not affect the exercise or performance by the Administrator himself of any power or function.”.

4.   After section seventeen of the Northern Territory (Administration) Act 1910-1926, as amended by the Northern Territory (Administration) Act 1931, the following section is inserted:—

Preservation of rights of officers and Commissioners.

“17a.   Any person who was a member or officer of the North Australia Commission constituted under the Act repealed by this Act and who—

(a) held office in that capacity immediately prior to the commencement of this section;

(b) on becoming such member or officer retained his existing and accruing rights by virtue of section thirteen or section fourteen of the Act so repealed; and

(c) is continued in employment by the Commonwealth or any authority under the Commonwealth

shall in such employment retain his existing and accruing rights and, for that purpose, his service as such member or officer shall be included as part of his service in such employment.”.

5.   Section eighteen of the Northern Territory (Administration) Act 1910-1926, as amended by the Northern Territory (Administration) Act 1931, is repealed and the following section inserted in its stead:—

Continuance of Courts.

“18.—(1.)  The Supreme Court of North Australia shall continue in the Territory as the Supreme Court of the Northern Territory and the Supreme Court of Central Australia is hereby abolished.

“(2.)   Any action or legal proceeding pending, at the date of commencement of this Act, in the Supreme Court of North Australia or the Supreme Court of Central Australia, shall, by virtue of this section, be transferred to the Supreme Court of the Northern Territory.


 

“(3.)   Until other provision is made by or under any law of the Commonwealth—

(a) all other Courts of Justice in existence in North Australia or Central Australia shall continue in the Territory as Courts of the Territory; and

(b) the jurisdiction, practice and procedure of any Court which continues in pursuance of this section in the Territory shall continue as the jurisdiction, practice and procedure of that Court.”.