AUSTRALIAN ANTARCTIC TERRITORY ACT 1954
- Reprinted as at 31 July 1981 (HISTACT CHAP 272 #DATE 31:07:1981)
*1* The Australian Antarctic Territory Act 1954 (a) as shown in this reprint
comprises Act No. 42, 1954 as amended by the other Acts specified in the
following table:
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Application,
saving
Number Date Date of or
transitional
Act and year of Assent commencement provisions
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Australian Antarctic
Territory Act 1954 42, 1954 1 Nov 1954 1 Nov 1954
Australian Antarctic
Territory Act 1957 35, 1957 7 June 1957 5 July 1957 -
Australian Antarctic
Territory Act 1963 20, 1963 28 May 1963 25 June 1963 S. 3
Statute Law Revision
Act 1973 216, 1973 19 Dec 1973 31 Dec 1973 Ss. 9 (1)
and 10
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(a) This citation is provided for by the Amendments Incorporation Act 1905
and the Acts Citation Act 1976.
AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - TABLE OF PROVISIONS
TABLE
TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
3. Amendment of the Australian Antarctic Territory Acceptance Act
1933
4. Interpretation
5. Existing laws to cease to be in force
6. Laws of Australian Capital Territory to be in force
7. Exercise of powers and performance of functions under adopted
laws
8. Application of Commonwealth Acts
9. Ordinance may amend or repeal adopted laws
10. Supreme Court of Australian Capital Territory to have
jurisdiction
in Territory
11. Ordinances
12. Tabling of Ordinances in Parliament
13. Grant of pardon, remission, &c.
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AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - LONG TITLE
SECT
An Act to provide for the Government of the Australian Antarctic Territory
AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - PREAMBLE
Preamble
SECT
WHEREAS the Australian Antarctic Territory was, by the Australian Antarctic
Territory Acceptance Act 1933, accepted by the Commonwealth as a Territory
under the authority of the Commonwealth:
AND WHEREAS the Australian Antarctic Territory has been governed by the
Commonwealth under the provisions of that Act:
AND WHEREAS it is desirable to make other provision for the government of
the Australian Antarctic Territory:
BE IT THEREFORE ENACTED by the Queen's Most Excellent Majesty, the Senate,
and the House of Representatives of the Commonwealth of Australia, as follows:
AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - SECT. 1.
Short title
SECT
1. This Act may be cited as the Australian Antarctic Territory Act 1954.*1*
See notes to first article of this CHAPTER.
AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - SECT. 2.
Commencement
SECT
2. This Act shall come into operation on the day on which it receives the
Royal Assent.*1*
See notes to first article of this CHAPTER.
AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - SECT. 3.
Amendment of the Australian Antarctic Territory Acceptance Act 1933
SECT
3.*2* * * * * * * *
*
*2* S. 3-The amendment made by section 3 has been incorporated in the reprint
of the Australian Antarctic Territory Acceptance Act 1933.
AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - SECT. 4.
Interpretation
SECT
4. In this Act, unless the contrary intention appears-
''Ordinance'' means an Ordinance made under this Act;
''the Territory'' means the Australian Antarctic Territory which was
accepted by the Commonwealth by the Australian Antarctic Territory Acceptance
Act 1933, that is to say, that part of the territory in the Antarctic seas
which comprises all the islands and territories, other than Ad'elie Land,
situated south of the sixtieth degree south latitude and lying between the one
hundred and sixtieth degree east longitude and the forty-fifth degree east
longitude.
AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - SECT. 5.
Existing laws to cease to be in force
SECT
5. The laws in force in the Territory immediately before the commencement of
this Act (not being laws of the Commonwealth in force in the Territory) shall,
upon the commencement of this Act, cease to be in force.
AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - SECT. 6.
Laws of Australian Capital Territory to be in force
SECT
6. (1) Subject to this Act, the laws in force from time to time in the
Australian Capital Territory (including the principles and rules of common law
and equity so in force) are, by virtue of this section, so far as they are
applicable to the Territory and are not inconsistent with an Ordinance, in
force in the Territory as if the Territory formed part of the Australian
Capital Territory.
(2) The last preceding sub-section does not extend to a law in force in the
Australian Capital Territory, being an Act or a provision of an Act so in
force, other than-
(a) sections six and nine*3* of the Seat of Government Acceptance Act
1909-1938; and
(b) sections three, four and twelve C of the Seat of Government
(Administration) Act 1910-1947 and the Schedule to that Act.
*3* S. 6 (2)-Section 9 of the Seat of Government Acceptance Act 1909 was
repealed by the Statute Law Revision Act 1973 (No. 216, 1973).
AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - SECT. 7.
Exercise of powers and performance of functions under adopted laws
SECT
7. (1) Subject to the next succeeding sub-section, where, by a law of the
Australian Capital Territory in force in the Territory by virtue of the last
preceding section, a power or function is vested in a person or authority (not
being a court), that power or function is, in relation to the Territory,
vested in, and may be exercised or performed by, that person or authority.
(2) The Governor-General may direct that a power or function vested in a
person or authority (not being a court) by a law of the Australian Capital
Territory in force in the Territory by virtue of the last preceding section
shall, in relation to the Territory, be vested in, and may be exercised or
performed by, such other person or authority as the Governor-General
specifies.
AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - SECT. 8.
Application of Commonwealth Acts
SECT
8. (1) An Act or a provision of an Act (whether passed before or after the
commencement of this Act) is not, except as otherwise provided by that Act or
by another Act, in force as such in the Territory, unless expressed to extend
to the Territory.
(2) An Ordinance shall not be made so as to affect the application of its
own force in, or in relation to, the Territory of an Act or a provision of an
Act.
AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - SECT. 9.
Ordinance may amend or repeal adopted laws
SECT
9. A law in force in the Territory by virtue of section six of this Act may
be amended or repealed by an Ordinance or by a law made under an Ordinance.
AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - SECT. 10.
Supreme Court of Australian Capital Territory to have jurisdiction in
Territory
Sub-section (1) amended by No. 35, 1957, s. 2
SECT
10. (1) The Supreme Court of the Australian Capital Territory has
jurisdiction in and in relation to the Territory, and the Australian Capital
Territory Supreme Court Act 1933-1950 and the practice and procedure of that
Supreme Court for the time being in force apply in the Territory as if the
Territory formed part of the Australian Capital Territory.
Added by No. 35, 1957, s. 2
SECT
(2) For the purposes of the last preceding sub-section, a reference in the
Australian Capital Territory Supreme Court Act 1933-1957 to an Ordinance shall
be deemed to be a reference to an Ordinance in force under this Act.
AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - SECT. 11.
Ordinances
SECT
11. (1) The Governor-General may make Ordinances for the peace, order and
good government of the Territory.
(2) Notice of the making of an Ordinance shall be published in the Gazette,
and an Ordinance shall, unless the contrary intention appears in the
Ordinance, come into operation on the date of publication of the notice.
AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - SECT. 12.
Tabling of Ordinances in Parliament
SECT
12. (1) An Ordinance shall be laid before each House of the Parliament
within fifteen sitting days of that House after the making of the Ordinance,
and, if it is not so laid before each House of the Parliament, shall be void
and of no effect.
Substituted by No. 20, 1963, s. 2
SECT
(2) If either House of the Parliament, in pursuance of a motion of which
notice has been given within fifteen sitting days after an Ordinance has been
laid before that House, passes a resolution disallowing the Ordinance or a
part of the Ordinance, the Ordinance or part so disallowed shall thereupon
cease to have effect.
Substituted by No. 20, 1963, s. 2
SECT
(3) If, at the expiration of fifteen sitting days after notice of a motion
to disallow an Ordinance or part of an Ordinance has been given in a House of
the Parliament, being notice given within fifteen sitting days after the
Ordinance has been laid before that House-
(a) the notice has not been withdrawn and the motion has not been called
on; or
(b) the motion has been called on, moved and seconded and has not been
withdrawn or otherwise disposed of,
the Ordinance or part, as the case may be, specified in the motion shall
thereupon be deemed to have been disallowed.
Inserted by No. 20, 1963, s. 2
SECT
(3A) If, before the expiration of fifteen sitting days after notice of a
motion to disallow an Ordinance or part of an Ordinance has been given in a
House of the Parliament-
(a) that House is dissolved or, being the House of Representatives,
expires, or the Parliament is prorogued; and
(b) at the time of the dissolution, expiry or prorogation, as the case may
be-
(i) the notice has not been withdrawn and the motion has not been
called on; or
(ii) the motion has been called on, moved and seconded and has not been
withdrawn or otherwise disposed of,
the Ordinance shall, for the purposes of the last two preceding sub-sections,
be deemed to have been laid before that House on the first sitting day of that
House after the dissolution, expiry or prorogation, as the case may be.
(4) Where an Ordinance or part of an Ordinance is disallowed, or is deemed
to have been disallowed, under this section, the disallowance has the same
effect as a repeal of the Ordinance or part of the Ordinance, as the case may
be, except that, if a provision of the Ordinance or part of the Ordinance
amended or repealed a law in force immediately before that provision came into
operation, the disallowance revives the previous law from and including the
date of the disallowance as if the disallowed provision had not been made.
(5) If an Ordinance or part of an Ordinance is disallowed, or is deemed to
have been disallowed, under this section, and an Ordinance containing a
provision being the same in substance as a provision so disallowed, or deemed
to have been disallowed, is made within six months after the date of the
disallowance, that provision is void and of no effect, unless-
(a) in the case of an Ordinance, or part of an Ordinance, disallowed by
resolution-the resolution has been rescinded by the House of the Parliament by
which it was passed; or
(b) in the case of an Ordinance, or part of an Ordinance, deemed to have
been disallowed-the House of the Parliament in which notice to disallow that
Ordinance or part was given approves, by resolution, the making of a provision
the same in substance as the provision deemed to have been disallowed.
AUSTRALIAN ANTARCTIC TERRITORY ACT 1954 - SECT. 13.
Grant of pardon, remission, &c.
Added by No. 35, 1957, s. 3
SECT
13. (1) The Governor-General, acting with the advice of the Minister, by
warrant under his hand, may grant to a person convicted by a court exercising
criminal jurisdiction in the Territory a pardon, either free or conditional,
or a remission or commutation of sentence, or a respite, for such period as he
thinks fit, of the execution of sentence, and may remit any fine, penalty or
forfeiture imposed or incurred under a law in force in the Territory.
Amended by No. 216, 1973, s. 3
SECT
(2) Where an offence has been committed in the Territory, or where an
offence has been committed outside the Territory for which the offender may be
tried in the Territory, the Governor-General, acting with the advice of the
Minister, by warrant under his hand, may grant a pardon to any accomplice who
gives evidence that leads to the conviction of the principal offender or any
of the principal offenders.
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