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Ashmore and Cartier Islands Acceptance Act 1933

Authoritative Version
  • - C1933A00060
  • In force - Superseded Version
  • View Series
Act No. 60 of 1933 as made
An Act to provide for the acceptance of Ashmore Islands and Cartier Island as a Territory under the authority of the Commonwealth, and for the Government thereof.
Administered by: Infrastructure, Transport, Regional Development and Communications
Date of Assent 15 Dec 1933

ASHMORE AND CARTIER ISLANDS ACCEPTANCE.

 

No. 60 of 1933.

An Act to provide for the acceptance of Ashmore Islands and Cartier Island as a Territory under the authority of the Commonwealth, and for the Government thereof.

[Assented to 15th December, 1933.]

WHEREAS the islands named the Ashmore Islands and known as Middle, East and West Islands, and also the island named Cartier Island, being islands situated in the Indian Ocean off the North-West Coast of Australia, are islands over which His Majesty the King has Sovereign rights:

And Whereas by an Order in Council dated the twenty-third day of July, One thousand nine hundred and thirty-one made by His Majesty by virtue and in exercise of the power in that behalf in His Majesty vested, it was ordered that the said Ashmore Islands and Cartier Island should be placed under the authority of the Commonwealth of Australia and that the Order should come into operation on such date, after legislation had been passed by the Parliament providing for the acceptance of the said islands and the government thereof, as might be fixed by Proclamation by the Governor-General of the Commonwealth of Australia:

And Whereas the Parliament of the Commonwealth is willing that the Ashmore Islands and Cartier Island should be placed under the authority of, and be accepted as a Territory by, the Commonwealth:

And Whereas by the Constitution it is provided that the Parliament may make laws for the government of any Territory placed by the King under the authority of and accepted by the Commonwealth:—

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

Short title.

1.  This Act may be cited as the Ashmore and Cartier Islands Acceptance Act 1933.

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 Islands” means the Ashmore Islands and Cartier Island;

“the Territory” means the Territory of Ashmore and Cartier Islands.


Proclamation by Governor-General fixing date on which Order in Council shall come into operation.

4.  The Governor-General may by proclamation fix a date for the coming into operation of the above-recited Order in Council dated the twenty-third day of July One thousand nine hundred and thirty-one by which the Islands are placed under the authority of the Commonwealth of Australia.

Acceptance of Ashmore Islands and Cartier Island

5.  The Islands are by this Act declared to be accepted by the Commonwealth as a Territory under the authority of the Commonwealth, under the name of the Territory of Ashmore and Cartier Islands.

Continuance of laws.

6.  Subject to this Act, the laws in force in the Territory at the commencement of this Act shall continue in force, but may be altered or repealed by Ordinance made in pursuance of this Act.

Commonwealth Acts not in force.

7.  The Acts of the Parliament (except this Act) shall not be in force in the Territory unless expressed to extend thereto.

Laws for Ashmore and Cartier Islands.

8.—(1.)  Subject to this Act, the Governor of the State of Western Australia, acting with the advice of the Executive Council of that State, may make Ordinances having the force of law in and in relation to the Territory.

(2.)  Every such Ordinance shall—

(a) be notified in the Gazette of the State of Western Australia; and

(b) take effect from the date of notification, or from such date, whether before or after such date of notification, as is specified in the Ordinance.