Federal Register of Legislation - Australian Government

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Act No. 27 of 1910 as amended, taking into account amendments up to Act No. 216 of 1973
Registered 04 Dec 2009
Start Date 31 Dec 1973
End Date 01 Jul 1978
Date of repeal 01 Jul 1978
Repealed by Northern Territory (Self-Government) Act 1978

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910 [Note: This Act is "repealed" by Act No. 58 of 1978]
(#DATE 19:12:1973)

Compilation Information

- Reprinted as at 19 December 1973

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - TABLE OF PROVISIONS

TABLE


NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973

TABLE OF PROVISIONS

PART I-PRELIMINARY
Section
1. Short title
2. Commencement
3. Interpretation

PART II-ADMINISTRATION

3A. Office of Administrator
3AA. Rights of officer appointed to office of Administrator
3B. Acting Administrator
3C. Deputies of Administrator
3D. Oath to be taken by Administrator, &c.

PART III-THE LEGISLATIVE COUNCIL

4. Legislative Council
4A. Seniority of official members of the Legislative Council
4B. (Repealed)
4C. Election of members of Legislative Council
4CA. Electoral Districts
4CB. Distribution of Territory into Electoral Districts
4CC. Distribution Committee
4CD. Proceedings at meetings
4CE. Matters to be considered in distribution
4CF. Notice of proposed distribution
4CG. Objections and suggestions
4CH. Report of Distribution Committee
4D. Qualification of electors
4E. Application of Commonwealth Electoral Act
4EA. Writs for elections
4F. Term of office of elected member
4G. Dates of elections
4H. Resignation of members of Legislative Council
4J. Filling of casual vacancy in office of elected member
4K. Qualifications for election
4KA. Disqualifications for membership of Legislative Council
4L. Fees, allowances and travelling expenses
4M. Sessions of Legislative Council
4N. Quorum
4P. Election of President
4PA. Appointment of Acting President by Legislative Council
4PB. Appointment of Acting President by Administrator in certain
circumstances
4Q. Voting in Legislative Council
4QA. Validation of acts of Legislative Council
4R. Minutes of proceedings
4S. Proposal of money votes
4SA. Powers, privileges and immunities of Legislative Council
4T. Standing rules and orders
4U. Legislative power
4V. Assent to Ordinances
4W. Certain Ordinances to be reserved
4X. Signification of pleasure on Ordinance reserved
4Y. Disallowance of Ordinances assented to
4Z. Ordinances to be laid before Parliament

PART IV-THE ADMINISTRATOR'S COUNCIL

4ZA. The Administrator's Council
4ZB. Functions of Administrator's Council
4ZC. Oath of members of Administrator's Council
4ZD. Fees, allowances and travelling expenses

PART V-APPLICATION OF LAWS

5. Effect of continuance of State laws
6. Application of Conciliation and Arbitration Act
7. (Repealed)
8. Application of Secret Commissions Act 1905
9. Application of Lands Acquisition Act 1955

PART VI-MISCELLANEOUS

10. Trade and commerce with States to be free
11. Vesting of land and other property
11A. Dealings with Crown lands
12. Continuance of contracts, &c.
13. Saving
14. Loans
15. Appropriation
16. Continuance of laws
17-18. (Repealed)
19. Continuance of Magistrates, &c.
20. Reference in other Acts to North Australia Commission
21. Aborigines Benefits Trust Fund
22. Regulations

THE SCHEDULES

FIRST AND SECOND SCHEDULES

Oaths and Affirmations

THIRD SCHEDULE

(Repealed)

FOURTH SCHEDULE

Oath and Affirmation

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 1.
Short title.

SECT

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973
Title amended by No. 89, 1953, s. 3.
An Act to provide for the Government of the Northern Territory.
Heading substituted by No. 28, 1959, s. 3.
PART I-PRELIMINARY
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Northern Territory (Administration) Act 1910-1973.*

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 2.
Commencement.

SECT

2. This Act shall commence on the day fixed by Proclamation for the commencement of the Northern Territory Acceptance Act 1910.*
Section 2A repealed by No. 216, 1973, s. 3.
* * * * * * * *

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 3.
Interpretation.

SECT

Sub-section (1) amended by No. 19, 1926, s. 2; No. 5, 1931, s. 4; No. 39, 1947, s. 3; No. 89, 1953, s. 4; No. 28, 1959, ss. 5 and 25; No. 69, 1965, s. 3; No. 5, 1968, s. 2; No. 9, 1973, s. 4; and No. 216, 1973, s. 3.
3. (1) In this Act, unless the contrary intention appears-

''Aborigines'' or ''Aboriginals'' means aboriginal natives of Australia;

''Acting Administrator'' means a person appointed under section 3B to act in the office of Administrator, and includes a member of the Legislative Council acting in the office of Administrator in pursuance of sub-section (3) of that section;

''Central Australia'' means that part of the Territory situated south of the twentieth parallel of South Latitude;

''North Australia'' means that part of the Territory situated north of the twentieth parallel of South Latitude;

''the Administrator'' means the Administrator of the Territory, and includes an Acting Administrator;

''the Commission'' means the North Australia Commission appointed under the Northern Australia Act 1926;*

''the Legislative Council'' means the Legislative Council for the Territory;

''the President'' means the President of the Legislative Council;

''the Territory'' means the Northern Territory of Australia.
Added by No. 28, 1959, s. 5.

(2) For the purposes of this Act a person employed under the law relating to the Public Service of the Territory or of the Commonwealth as a temporary employee or as an officer or employee to whom any provisions of that law do not apply shall be deemed to be employed in the Public Service of the Territory or of the Commonwealth, as the case may be.
Added by No. 69, 1965, s. 3.

(3) A reference in this Act to the powers or functions of the President shall be read as including a reference to the powers or functions of the President under any law in force in the Territory.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 3A.
Heading substituted by No. 28, 1959, s. 6.

SECT

PART II-ADMINISTRATION
Office of Administrator.
Inserted by No. 89, 1953, s. 5.
3A.* (1) There shall be an Administrator of the Territory.

(2) The Administrator shall be appointed by the Governor-General by Commission under the Seal of the Commonwealth and shall hold office during the pleasure of the Governor-General.

(3) The Administrator is charged with the duty of administering the government of the Territory on behalf of the Commonwealth.

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

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 3AA.
Rights of officer appointed to office of Administrator.

SECT

Inserted by No. 5, 1968, s. 3.
3AA. Where a person appointed to the office of Administrator of the Territory was, immediately before his appointment, an officer of the Public Service of the Commonwealth-

(a) he retains his existing and accruing rights; and

(b) for the purpose of determining those rights, his service in the office of Administrator shall be taken into account as if it were service in the Public Service of the Commonwealth.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 3B.
Acting Administrator.

SECT

Inserted by No. 89, 1953, s. 5.
3B. (1) The Governor-General may, by Commission under the Seal of the Commonwealth, appoint a person to act in the office of Administrator and to administer the government of the Territory during any vacancy in the office of Administrator or whenever the Administrator is absent from the Territory or is unable by reason of illness or incapacity to exercise and perform the powers and functions of his office.

(2) Whenever-

(a) there is a vacancy in the office of Administrator or the Administrator is, or is about to be, absent from the Territory or is unable by reason of illness or incapacity to exercise and perform the powers and functions of his office; and

(b) there is no Acting Administrator holding office in pursuance of the last preceding sub-section or the Acting Administrator so holding office is absent from the Territory or is unable by reason of illness or incapacity to act in the office of Administrator,
the Governor-General may appoint a person to act in the office of Administrator and to administer the government of the Territory during the period of the vacancy or of the absence or inability of the Administrator.
Amended by No. 28, 1959, s. 25.

(3) If in the circumstances specified in the last preceding sub-section an appointment has not been made in pursuance of that sub-section, the senior official member of the Legislative Council present in the Territory and able to act in the office of Administrator shall act in that office and administer the government of the Territory during the period of the vacancy or of the absence or inability of the Administrator.
Amended by No. 9, 1973, s. 4.

(4) A person acting as Administrator in pursuance of either of the last two preceding sub-sections shall cease so to act when a person appointed in pursuance of sub-section (1) notifies him that the person so appointed is ready to assume duty as Acting Administrator, and a person acting as Administrator in pursuance of the last preceding sub-section shall cease so to act when a person appointed in pursuance of sub-section (2) notifies him that the person so appointed is ready to assume duty as Acting Administrator.

(5) An Acting Administrator administering the government of the Territory has, and may exercise and perform, all the powers and functions of the Administrator.

(6) The exercise or performance by an Acting Administrator of the powers and functions of the Administrator during the absence of the Administrator from the Territory does not prevent the exercise or performance by the Administrator himself of any of those powers or functions.

(7) The appointment of an Acting Administrator, and any act done by an Acting Administrator as such, shall not, in any proceedings, be questioned on the ground that the occasion for his appointment, or for the exercise of his powers or functions, had not arisen or had ceased.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 3C.
Deputies of Administrator.

SECT

Inserted by No. 89, 1953, s. 5.
3C. (1) The Administrator may appoint a person, or persons jointly or severally, to be the deputy or deputies of the Administrator in the Territory, or a 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 assigns to the deputy or deputies.

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

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 3D.
Oath to be taken by Administrator, &c.

SECT

Inserted by No. 89, 1953, s. 5.
Sub-section (1) amended by No. 9, 1973, s. 4.
3D. (1) The Administrator, an Acting Administrator and a deputy of the Administrator shall, before entering on the duties of his office, make and subscribe an oath or affirmation of allegiance in the form in the Schedule to the Constitution and also an oath or affirmation of office in the form in the First Schedule.
Amended by No. 68, 1961, s. 2.

(2) An oath or affirmation under this section shall be made before the Governor-General, a judge of the Supreme Court of the Northern Territory of Australia or a person authorized by the Governor-General to administer the oath or affirmation.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4.
Legislative Council.

SECT

PART III-THE LEGISLATIVE COUNCIL
Heading inserted by No. 28, 1959, s. 7.
Substituted by No. 89, 1953, s. 5.
4. (1) There shall be a Legislative Council for the Territory.
Substituted by No. 47, 1968, s. 3.

(2) The Legislative Council shall consist of-

(a) six official members; and

(b) eleven elected members.
Substituted by No. 47, 1968, s. 3.

(2A) An official member of the Legislative Council shall be appointed by the Governor-General on the nomination of the Administrator and holds office during the pleasure of the Governor-General.
Substituted by No. 47, 1968, s. 3.

(2B) The elected members of the Legislative Council shall be elected as provided by this Act.
Sub-sections (2C) and (2D) omitted by No. 47, 1968, s. 3.
* * * * * * * *
Amended by No. 28, 1959, s. 25; and No. 9, 1973, s. 4.

(3) A member of the Legislative Council shall, before taking his seat, make and subscribe an oath or affirmation of allegiance in the form in the Schedule to the Constitution and also an oath or affirmation of office in the form in the Second Schedule.

(4) An oath or affirmation under the last preceding sub-section shall be made before the Administrator or a person authorized by the Administrator to administer the oath or affirmation.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4A.
Seniority of official members of the Legislative Council.

SECT

Substituted by No. 89, 1953, s. 5. Sub-section (1) amended by No. 28, 1959, s. 25.
4A. (1) The Minister may, by notice published in the Government Gazette of the Territory, fix the order of seniority of official members of the Legislative Council.
Amended by No. 28, 1959, s. 25.

(2) Official members of the Legislative Council the order of whose seniority has not been fixed by the Minister have seniority (after any members the order of whose seniority has been so fixed) according to the order in which they were appointed.
Amended by No. 28, 1959, s. 25.

(3) For the purposes of the last preceding sub-section, official members of the Legislative Council appointed by the same instrument shall be deemed to have been appointed in the order in which they are named in that instrument.
Section 4B repealed by No. 69, 1965, s. 5.
* * * * * * * *

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4C.
Election of members of Legislative Council.

SECT

Substituted by No. 28, 1959, s. 10. Sub-section (1) substituted by No. 47, 1968, s. 4.
4C. (1) For the purposes of the election of the elected members of the Legislative Council, the Territory shall be distributed into as many Electoral Districts as there are members to be elected.*

(2) One member shall be elected for each Electoral District by electors entitled to vote in respect of that District.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4CA.
Electoral Districts.

SECT

Inserted by No. 28, 1959, s. 10. Sub-section (1) amended by No. 9, 1973, s. 4.
4CA. (1) The boundaries of each Electoral District shall be as prescribed, after report to the Minister by a Distribution Committee appointed under section 4CC.

(2) The boundaries of an Electoral District as prescribed shall have effect for the purposes of the next general election of the elected members of the Legislative Council after the commencement of the regulations prescribing those boundaries and, subject to any subsequent regulations, for the purposes of all subsequent elections, whether general or to fill casual vacancies.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4CB.
Distribution of Territory into Electoral Districts.

SECT

Inserted by No. 28, 1959, s. 10.
4CB. A distribution of the Territory into Electoral Districts shall be made whenever the Minister so directs.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4CC.
Distribution Committee.

SECT

Inserted by No. 28, 1959, s. 10.
4CC. (1) For the purpose of a distribution of the Territory into Electoral Districts, the Minister may appoint a Distribution Committee consisting of three persons.

(2) Of the members of a Distribution Committee-

(a) one shall be the Chief Electoral Officer for the Commonwealth or a person having similar qualifications; and

(b) one shall be the Surveyor-General for the Territory or a person having similar qualifications.

(3) The Minister may appoint one of the members of a Distribution Committee to be Chairman.

(4) The members of a Distribution Committee shall hold office during the pleasure of the Minister.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4CD.
Proceedings at meetings.

SECT

Inserted by No. 28, 1959, s. 10.
4CD. (1) At a meeting of a Distribution Committee, the Chairman shall preside if he is present.

(2) In the absence of the Chairman from a meeting of a Distribution Committee, the members of the Committee present shall appoint one of their number to preside at that meeting.

(3) At a meeting of a Distribution Committee, two members of the Committee form a quorum.

(4) Questions arising before a Distribution Committee shall be decided by a majority of votes.

(5) In the event of an equality of votes, the member of the Committee presiding at the meeting shall have a casting vote in addition to a deliberative vote.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4CE.
Matters to be considered in distribution.

SECT

Inserted by No. 28, 1959, s. 10.
4CE. For the purpose of a proposed distribution of the Territory into Electoral Districts, the Distribution Committee shall give due consideration to-

(a) distribution of population;

(b) community or diversity of interest;

(c) means of communication; and

(d) physical features.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4CF.
Notice of proposed distribution.

SECT

Inserted by No. 28, 1959, s. 10.
4CF. Before making its report, the Distribution Committee shall cause a map with a description of the boundaries of the proposed Electoral Districts to be exhibited at post offices in the Territory and shall invite public attention to the map by advertisement in the Government Gazette of the Territory.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4CG.
Objections and suggestions.

SECT

Inserted by No. 28, 1959, s. 10.
4CG. Objections or suggestions in writing may be lodged with the Distribution Committee not later than thirty days after the first advertisement in the Government Gazette and the Committee shall consider all objections and suggestions so lodged before making its report.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4CH.
Report of Distribution Committee.

SECT

Inserted by No. 28, 1959, s. 10.
4CH. (1) The Distribution Committee shall as soon as practicable after the expiration of the period of thirty days referred to in the last preceding section forward to the Minister a report of its proposals for the distribution of the Territory into Electoral Districts, together with a map signed by the members of the Committee showing the boundaries of each proposed District.

(2) The report shall state the number of electors residing in each proposed Electoral District.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4D.
Qualification of electors.

SECT

Inserted by No. 39, 1947, s. 4; amended by No. 28, 1959, s. 25.
4D. All persons who are, under Part V of the Northern Territory Electoral Regulations from time to time in force under the Northern Territory Representation Act 1922-1936 and the Commonwealth Electoral Act 1918-1946, qualified to vote at an election of a member of the House of Representatives for the Northern Territory, shall be qualified to vote at an election of members of the Legislative Council.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4E.
Application of Commonwealth Electoral Act.

SECT

Inserted by No. 39, 1947, s. 4.
Sub-section (1) substituted by No. 110, 1956, s. 3; amended by No. 28, 1959, ss. 11 and 25.
4E. (1) Subject to this Act, the provisions of the Commonwealth Electoral Act 1918-1953 apply, with such exceptions and subject to such modifications as are prescribed, to and in relation to the election of the elected members of the Legislative Council, disputed elections of such members, disputed returns in connexion with elections of such members and questions respecting the qualifications of such members or respecting vacancies in the offices of such members in like manner as if-

(a) each Electoral District into which the Territory is distributed were an Electoral Division of a State; and

(b) the election of a member of the Legislative Council were the election of a member to represent, in the House of Representatives, an Electoral Division of a State.
Sub-section (2) omitted by No. 28, 1959, s. 11.
* * * * * * * *
Added by No. 110, 1956, s. 3; amended by No. 68, 1961, s. 3.

(3) For the purposes of the application of the provisions of Part XVIII of the Commonwealth Electoral Act 1918-1953 in accordance with this section, the Supreme Court of the Northern Territory of Australia shall be deemed to be the Court of Disputed Returns.
Added by No. 110, 1956, s. 3.

(4) The regulations may make provisions in substitution for any of the provisions of the Commonwealth Electoral Act 1918-1953 as applied by this section.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4EA.
Writs for elections.

SECT

Inserted by No. 110, 1956, s. 4; amended by No. 28, 1959, s. 25.
4EA. Writs for the election of elected members of the Legislative Council shall be issued by the Administrator.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4F.
Term of office of elected member.

SECT

Substituted by No. 89, 1953, s. 8; amended by No. 28, 1959, s. 25.
4F. Subject to this Act, the terms of office of an elected member of the Legislative Council commences on the date of his election and ends on the date immediately preceding the date of the next general election of members of the Legislative Council.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4G.
Dates of elections.

SECT

Substituted by No. 89, 1953, s. 8. Sub-section (1) amended by No. 28, 1959, s. 25.
4G. (1) A general election of members of the Legislative Council shall be held on a date determined by the Administrator.
Amended by No. 28, 1959, s. 25.

(2) Subject to the next succeeding sub-section, the period from the date of a general election of members of the Legislative Council to the date of the next succeeding general election of members of the Legislative Council shall not be more than three years.
Amended by No. 28, 1959, s. 25.

(3) Where a general election of members of the Legislative Council is held on the same date as a general election of the House of Representatives, the next general election of members of the Legislative Council may be held on the same date as the next general election of the House of Representatives.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4H.
Resignation of members of Legislative Council.

SECT

Substituted by No. 69, 1965, s. 6.
4H. (1) A member of the Legislative Council who desires to resign his office shall deliver an instrument of resignation signed by him to the President or, if there is no President or the President is absent from the Territory, to the Administrator.
Amended by No. 47, 1968. s. 9.

(2) Where the President receives an instrument of resignation signed by an official member of the Legislative Council, he shall transmit the instrument to the Administrator.
Amended by No. 47, 1968, s. 9.

(3) Where the Administrator receives an instrument of resignation signed by an official member of the Legislative Council, he shall transmit the instrument to the Minister for submission to the Governor-General.
Amended by No. 47, 1968, s. 9.

(4) The resignation of an elected member of the Legislative Council becomes effective when the instrument of resignation is received by the President or, where it is delivered to the Administrator, by the Administrator, but the resignation of an official member is not effective until the resignation has been accepted by the Governor-General.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4J.
Filling of casual vacancy in office of elected member.

SECT

Substituted by No. 89, 1953, s. 8. Sub-section (1) amended by No. 28, 1959, s. 25.
4J. (1) Where a casual vacancy occurs in the office of an elected member of the Legislative Council less than two years and nine months after the date of the last preceding general election, an election shall be held in the Electoral District in which the vacancy occurs for the purpose of filling the vacant office for the remainder of the term of office of the member who last held that office.
Amended by No. 28, 1959, s. 25.

(2) Where the casual vacancy occurs in the office of an elected member of the Legislative Council otherwise than as provided in the last preceding sub-section, the Governor-General may, on the recommendation of the Administrator, appoint a person who is qualified to be an elected member of the Legislative Council to hold the vacant office, from and including the date of the appointment, for the remainder of the term of office of the member who last held that office.
Amended by No. 28, 1959, s. 25.

(3) A person appointed under the last preceding sub-section to hold a vacant office shall, for the purposes of this Act, be deemed to be an elected member of the Legislative Council.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4K.
Qualifications for election.

SECT

Substituted by No. 89, 1953, s. 8; amended by No. 28, 1959, s. 25; and No. 9, 1973, s. 3.
4K. Subject to the next succeeding section, a person is qualified to be a candidate for election as a member of the Legislative Council if, at the date of nomination-

(a) he is a British subject;

(b) he has attained the age of eighteen years;

(c) he is entitled, or qualified to become entitled, to vote at elections of members of the Legislative Council; and

(d) he has been resident within the Commonwealth for at least six months and within the Territory for at least three months.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4KA.
Disqualifications for membership of Legislative Council.

SECT

Substituted by No. 28, 1959, s. 12.
4KA. (1) A person is not qualified to be a candidate for election as a member of the Legislative Council if, at the date of nomination-

(a) he is employed in the Public Service of the Territory or of the Commonwealth;

(b) he is an undischarged bankrupt; or

(c) he has been convicted and is under sentence, or subject to be sentenced, for an offence punishable under the law of the Commonwealth, or of a State or Territory of the Commonwealth, by imprisonment for one year or longer.

(2) An elected member of the Legislative Council vacates his office if he ceases to be entitled, or qualified to become entitled, to vote at elections of members of the Legislative Council.
Amended by No. 69, 1965, s. 7; No. 47, 1968, s. 9; and No. 9, 1973, s. 4.

(3) An elected member of the Legislative Council vacates his office if-

(a) he becomes a person to whom any of the paragraphs of sub- section (1) applies;

(b) he ceases to be a British subject;

(c) he is absent from three consecutive meetings of the Legislative Council otherwise than on leave of absence granted by the Legislative Council; or

(d) he takes or agrees to take, directly or indirectly, a fee or honorarium, other than a fee, an allowance or travelling expenses under the next succeeding section, for services rendered in the Legislative Council.
Sub-section (4) omitted by No. 47, 1968, s. 9.
* * * * * * * *
Amended by No. 47, 1968, s. 9.

(5) An elected member of the Legislative Council who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Commonwealth under which goods or services are to be supplied to the Commonwealth shall not take part in a discussion of a matter, or vote on a question, in the Legislative Council where the matter or question relates directly or indirectly to that contract.

(6) Any question concerning the application of the last preceding sub-section shall be decided by the Legislative Council and a contravention of that sub-section does not affect the validity of anything done by the Legislative Council.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4L.
Fees, allowances and travelling expenses.

SECT

Substituted by No. 28, 1959, s. 13; amended by No. 47, 1968, s. 9.
4L. The elected members of the Legislative Council shall receive in respect of their services as members such fees, allowances and travelling expenses as are prescribed.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4M.
Sessions of Legislative Council.

SECT

Inserted by No. 39, 1947, s. 4. Sub-section (1) amended by No. 28, 1959, s. 25.

4M. (1) The Administrator may, by notice published in the Government Gazette of the Territory, appoint such times for holding the sessions of the Legislative Council as he thinks fit and may also, from time to time, in a similar manner, prorogue the Legislative Council.
Added by No. 53, 1949, s. 3; amended by No. 28, 1959, ss. 14 and 25; and No. 69, 1965, s. 8.

(2) At the request of at least eight members, the Administrator shall, by notice published in the Government Gazette of the Territory, appoint a time, being not later than fourteen days after the day on which he receives the request, for holding a session of the Legislative Council.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4N.
Quorum.

SECT

Substituted by No. 89, 1953, s. 10. Sub-section (1) amended by No. 28, 1959, ss. 15 and 25; and No. 69, 1965, s. 9.
4N. (1) The presence of at least eight members of the Legislative Council is necessary to constitute a meeting of the Legislative Council for the exercise and performance of its powers and functions.
Sub-section (2) omitted by No. 69, 1965, s. 9.
* * * * * * * *

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4P.
Election of President.

SECT

Substituted by No. 69, 1965, s. 10. Sub-section (1) amended by No. 47, 1968, s. 9.
4P. (1) The Legislative Council shall, before proceeding to the despatch of any other business, choose an elected member of the Legislative Council to be the President of the Legislative Council and, as often as the office of President becomes vacant, the Legislative Council shall again choose an elected member to be the President.
Amended by No. 47, 1968, s. 9.

(2) The President ceases to hold his office if he ceases to be an elected member of the Legislative Council.

(3) The President may be removed from office by the Legislative Council or he may resign his office by delivering an instrument of resignation signed by him to the Administrator.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4PA.
Appointment of Acting President by Legislative Council.

SECT

Inserted by No. 69, 1965, s. 10. Sub-section (1) amended by No. 47, 1968, s. 9.

4PA. (1) Before or during any absence of the President, or during any inability of the President, by reason of illness or incapacity, to exercise the powers or perform the functions of the President, the Legislative Council may appoint an elected member to exercise those powers and perform those functions during the absence or inability of the President.

(2) A reference in this Act or in any other law in force in the Territory to the President shall be read as including a reference to a person appointed under the last preceding sub-section.
Amended by No. 47, 1968, s. 9; and No. 9, 1973, s. 4.

(3) An appointment under sub-section (1) remains in force-

(a) until the absence or inability of the President ceases;

(b) until the appointment is revoked by the Legislative Council;

(c) until the person appointed resigns the appointment by delivering an instrument of resignation signed by him to the Administrator; or

(d) until the person appointed ceases to be an elected member of the Legislative Council,
whichever first happens.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4PB.
Appointment of Acting President by Administrator in certain circumstances.

SECT

Inserted by No. 69, 1965, s. 10. Sub-section (1) amended by No. 47, 1968, s. 9.

4PB. (1) Where-

(a) the office of President has become vacant and the Legislative Council has not chosen another President to fill the vacancy;

(b) the President is absent or is unable, by reason of illness or incapacity, to exercise the powers or perform the functions of the President and the Legislative Council has not appointed a person under sub- section (1) of the last preceding section;

(c) the appointment of a person under sub-section (1) of the last preceding section has ceased to be in force, otherwise than by reason of the absence or inability of the President ceasing, and the Legislative Council has not appointed another member under that sub-section; or

(d) a person appointed under sub-section (1) of the last preceding section is absent or is unable, by reason of illness or incapacity, to exercise the powers or perform the functions of the President and the Legislative Council has not appointed another person under that sub-section,
the Administrator may, by instrument in writing, appoint an elected member of the Legislative Council to exercise the powers and perform the functions of the President.

(2) A reference in this Act or in any other law in force in the Territory to the President shall be read as including a reference to a person appointed under the last preceding sub-section.
Amended by No. 47, 1968, s. 9; and No. 9, 1973, s. 4.

(3) An appointment under sub-section (1) remains in force-

(a) until the next meeting of the Legislative Council is held;

(b) until the Administrator, by instrument in writing, revokes the appointment;

(c) until the person appointed resigns the appointment by delivering an instrument of resignation signed by him to the Administrator;

(d) until the person appointed ceases to be an elected member of the Legislative Council;

(e) in the case of the absence or inability of the President-until that absence or inability ceases; or

(f) in the case of the absence or inability of a person appointed under sub-section (1) of the last preceding section-until that absence or inability ceases or, if the absence or inability of the President ceases before the absence or inability of that person ceases, until the absence or inability of the President ceases,
whichever first happens.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4Q.
Voting in Legislative Council.

SECT

Inserted by No. 39, 1947, s. 4.
Sub-section (1) amended by No. 28, 1959, s. 25.
4Q. (1) Questions arising in the Legislative Council shall be determined by a majority of votes.
Amended by No. 28, 1959, s. 25; and No. 69, 1965, s. 11.

(2) The President or other member presiding at any meeting of the Legislative Council shall in all cases be entitled to vote and shall also, where there is an equality of votes on any question, have a casting vote.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4QA.
Validation of acts of Legislative Council.

SECT

Substituted by No. 28, 1959, s. 16.
4QA. Where a person who has, whether before or after the commencement of this section, purported to sit or vote as a member of the Legislative Council at a meeting of the Legislative Council or of a Committee of the Legislative Council-

(a) was not, in the case of an elected member, a duly elected member by reason of his not having been qualified for election or of any other defect in his election; or

(b) had vacated his office as a member,
all things done or purporting to have been done by the Legislative Council or that Committee shall be deemed to be as validly done as if that person had, when so sitting or voting, been a duly elected member of the Legislative Council, or had not vacated his office, as the case may be.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4R.
Minutes of proceedings.

SECT

Substituted by No. 69, 1965, s. 12.
4R. (1) The Legislative Council shall cause minutes of its proceedings to be kept.

(2) A copy of any minutes so kept shall, on request made by any person, be made available for inspection by him or, on payment of such fee as is fixed by Ordinance, be supplied to him.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4S.
Proposal of money votes.

SECT

Inserted by No. 39, 1947, s. 4; amended by No. 89, 1953, s. 11; No. 28, 1959, s. 25; and No. 69, 1965, s. 13.
4S. An Ordinance, vote, resolution or question, the object or effect of which is to dispose of or charge public moneys, shall not be proposed in the Legislative Council unless it has in the same session been recommended by message of the Administrator to the Legislative Council.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4SA.
Powers, privileges and immunities of Legislative Council.

SECT

Inserted by No. 77, 1962, s. 2; amended by No. 9, 1973, s. 4.
4SA. The power of the Legislative Council to make Ordinances conferred by section 4U includes power to make Ordinances-

(a) declaring the powers (other than legislative powers), privileges and immunities of the Legislative Council, and of its members and committees, but so that the powers, privileges and immunities so declared do not exceed the powers, privileges and immunities of the House of Commons of the Parliament of the United Kingdom, or of the members or committees of that House, respectively, at the establishment of the Commonwealth; and

(b) providing for the manner in which powers, privileges and immunities so declared may be exercised or upheld.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4T.
Standing rules and orders.

SECT

Inserted by No. 39, 1947, s. 4; amended by No. 28, 1959, s. 25; and No. 77, 1962, s. 3.
4T. The Legislative Council may make standing rules and orders, not inconsistent with a law of the Territory, with respect to the order and conduct of its business and proceedings.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4U.
Legislative power.

SECT

Inserted by No. 39, 1947, s. 4; amended by No. 28, 1959, s. 25.
4U. Subject to this Act, the Legislative Council may make Ordinances for the peace, order and good government of the Territory.*

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4V.
Assent to Ordinances.

SECT

Substituted by No. 28, 1959, s. 17.
4V. (1) An Ordinance made by the Legislative Council shall not have any force or effect until it has been assented to as provided by this Act.

(2) Every Ordinance passed by the Legislative Council shall be presented to the Administrator for assent.

(3) Upon the presentation of an Ordinance to the Administrator for assent, the Administrator shall declare, according to his discretion, but subject to this Act, that he assents to the Ordinance, that he withholds assent or that he reserves the Ordinance for the Governor-General's pleasure.

(4) The Administrator may return the Ordinance to the Legislative Council with amendments that he recommends.

(5) The Legislative Council shall consider the amendments recommended by the Administrator and the Ordinance, with or without amendments, shall be again presented to the Administrator for assent.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4W.
Certain Ordinances to be reserved.

SECT

Substituted by No. 28, 1959, s. 17.
4W. The Administrator shall reserve for the Governor-General's pleasure any Ordinance-

(a) dealing with the granting or disposal of lands of the Crown or of the Commonwealth;

(b) by which any lease is granted to the Administrator, a grant of land or money is made to the Administrator or any donation or gratuity is made to the Administrator;

(c) relating to, or to the employment of, aboriginals or persons who are wards within the meaning of a law of the Territory relating to the care and maintenance of wards; or

(d) containing provisions from which the assent of the Governor-General has previously been withheld or which the Governor-General has previously disallowed.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4X.
Signification of pleasure on Ordinance reserved.

SECT

Substituted by No. 28, 1959, s. 17.
Sub-section (1) substituted by No. 47, 1968, s. 5.
4X.* (1) Where the Administrator reserves an Ordinance for the Governor-General's pleasure, the Governor-General shall, subject to this section, declare-

(a) that he assents to the Ordinance;

(b) that he withholds assent to the Ordinance; or

(c) that he withholds assent to part of the Ordinance and assents to the remainder of the Ordinance.

(2) The Governor-General may return the Ordinance to the Administrator with amendments that he recommends.

(3) The Legislative Council shall consider the amendments recommended by the Governor-General and the Ordinance, with or without amendments, shall be again presented to the Administrator, who shall reserve it for the Governor-General's pleasure.
Substituted by No. 47, 1968, s. 5; amended by No. 9, 1973, s. 4.

(4) As soon as practicable after the Governor-General has made a declaration in respect of an Ordinance in accordance with sub-section (1), the Administrator shall publish in the Government Gazette of the Territory a notice of the declaration.
Amended by No. 47, 1968, s. 5.

(5) The assent of the Governor-General to an Ordinance, or to part of an Ordinance, is of no effect until notification of the Governor-General's declaration in respect of the Ordinance is published by the Administrator in the Government Gazette of the Territory.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4Y.
Disallowance of Ordinances assented to.

SECT

Substituted by No. 28, 1959, s. 17.
4Y. (1) Subject to this section, the Governor-General may, within six months after the Administrator's assent to an Ordinance, disallow the Ordinance or part of the Ordinance.

(2) The Governor-General may, within six months after the Administrator's assent to an Ordinance, recommend to the Administrator any amendments of the laws of the Territory that the Governor-General considers to be desirable arising out of his consideration of the Ordinance.

(3) Where the Governor-General so recommends any amendments of the laws of the Territory, the time within which the Governor-General may disallow the Ordinance, or a part of the Ordinance, is extended until the expiration of six months after the date of the Governor-General's recommendation.

(4) Upon publication of notice of the disallowance of an Ordinance, or part of an Ordinance, in the Government Gazette of the Territory, the disallowance has, subject to the next succeeding sub-section, the same effect as a repeal of the Ordinance or part of the Ordinance.

(5) If a provision of a disallowed Ordinance, or a provision of a disallowed part of an Ordinance, amended or repealed a law in force immediately before the commencement of that provision, the disallowance revives the previous law from the date of publication of the notice of disallowance as if the disallowed provision had not been made.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4Z.
Ordinances to be laid before Parliament.

SECT

Substituted by No. 28, 1959, s. 17.
4Z. (1) The Minister shall cause each Ordinance assented to by the Governor-General or by the Administrator, or from which the Governor-General or the Administrator has withheld assent, to be laid before each House of the Parliament as soon as possible, but in any case within fifteen sitting days of that House, after the date of assent, or after the date on which assent was withheld, as the case may be.
Inserted by No. 47, 1968, s. 6.

(1A) The last preceding sub-section extends to an Ordinance to part only of which the Governor-General has assented and, in the case of such an Ordinance, there shall be indicated on the Ordinance, as laid before each House of the Parliament, the part of the Ordinance to which assent has been withheld.
Amended by No. 47, 1968, s. 6.

(2) Where the Administrator withholds assent to an Ordinance, or the Governor-General withholds assent to an Ordinance, or a part of an Ordinance or disallows an Ordinance or part of an Ordinance, the Minister shall cause a statement of the reasons for withholding assent, or for disallowance, as the case may be, to be laid before each House of the Parliament as soon as possible, but in any case within fifteen sitting days of that House, after the date on which assent was withheld or the Ordinance was disallowed, as the case may be.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4ZA.
The Administrator's Council.

SECT

PART IV-THE ADMINISTRATOR'S COUNCIL
Part IV inserted by No. 28, 1959, s. 18.
Inserted by No. 28, 1959, s. 18.
4ZA. (1) There shall be a Council to advise the Administrator, which shall be known as the Administrator's Council.
Amended by No. 47, 1968, s. 7.

(2) The Administrator's Council shall consist of-

(a) the Administrator;

(b) two persons who are official members of the Legislative Council; and

(c) three persons who are elected members of the Legislative Council.

(3) Each member of the Administrator's Council (other than the Administrator) shall be appointed by the Minister on the nomination of the Administrator and shall, subject to this section, hold office during the pleasure of the Minister.

(4) A member of the Administrator's Council (other than the Administrator) shall not hold office for a longer period than three months after the date on which he ceases to be a member of the Legislative Council unless, within that period, he again becomes a member of the Legislative Council.

(5) A member of the Administrator's Council (other than the Administrator) who desires to resign shall deliver a written resignation to the Administrator for transmission to the Minister.

(6) The resignation of a member of the Administrator's Council who is an official member of the Legislative Council does not become effective unless and until it has been accepted by the Minister.
Substituted by No. 47, 1968, s. 7.

(7) The resignation of a member of the Administrator's Council who is an elected member of the Legislative Council becomes effective when it is received by the Administrator.

(8) The exercise of the functions of the Administrator's Council is not affected by reason of a vacancy in the membership of the Council.

(9) Subject to this Act, the procedure of the Administrator's Council shall be as prescribed, or, in the absence of regulations, as the Council determines.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4ZB.
Functions of Administrator's Council.

SECT

Inserted by No. 28, 1959, s. 18.
4ZB. The functions of the Administrator's Council are to advise the Administrator-

(a) on any matter referred to the Council by the Administrator; and

(b) in accordance with an Ordinance under this Act, on any other matter.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4ZC.
Oath of members of Administrator's Council.

SECT

Inserted by No. 28, 1959, s. 18.
Sub-section (1) amended by No. 9, 1973, s. 4.
4ZC. (1) A member of the Administrator's Council (other than the Administrator) shall, before entering on the duties of his office, make and subscribe an oath or affirmation in accordance with the form in the Fourth Schedule.

(2) An oath or affirmation under the last preceding sub-section shall be made before the Administrator or a person authorized by the Administrator to administer the oath or affirmation.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 4ZD.
Fees, allowances and travelling expenses.

SECT

Substituted by No. 47, 1968, s. 8.
4ZD. The members of the Administrator's Council who are elected members of the Legislative Council shall receive in respect of their services as members such fees, allowances and travelling expenses as are prescribed.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 5.
Effect of continuance of State laws.

SECT

PART V-APPLICATION OF LAWS
Heading substituted by No. 28, 1959, s. 19.
Amended by No. 39, 1947, s. 5; No. 28, 1959, s. 25; and No. 9, 1973, s. 4.
5. Where any law of the State of South Australia continues in force in the Territory by virtue of section 7 of the Northern Territory Acceptance Act 1910, it shall, subject to any Ordinance in force under this Act, have effect in the Territory as if it were a law of the Territory.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 6.
Application of Conciliation and Arbitration Act.

SECT

Substituted by No. 39, 1972, s. 3.
Sub-section (1) amended by No. 9, 1973, s. 4.
6. (1) The Conciliation and Arbitration Act 1904-1972 applies to industrial disputes in the Territory as if-

(a) from paragraph (a) of the definition of ''Industrial dispute'' in section 4 of that Act the words ''which extends beyond the limits of any one State'' were omitted;

(b) from paragraph (b) of that definition the words ''which so extends'' were omitted; and

(c) from the definitions of ''industrial dispute'' in sub-section (1) of section 71 and sub-section (1) of section 81 of that Act the words ''which extends beyond the limits of any one State'' were omitted.

(2) For the purposes of the application of the Conciliation and Arbitration Act 1904-1972 in accordance with the last preceding sub-section-

(a) a person employed, otherwise than in an industry, for the performance of work wholly or mainly in the Territory shall be deemed to be employed in an industry; and

(b) an industrial dispute in relation to the employment of persons employed for the performance of work wholly or mainly in the Territory shall be deemed to be an industrial dispute in the Territory.

(3) The powers of the Commonwealth Conciliation and Arbitration Commission do not extend to employment in respect of which a tribunal established by an Ordinance in force under this Act, whether made before or after the commencement of this sub-section, has power to hear and determine disputes, claims or matters relating to the terms and conditions of the employment.

(4) An Ordinance under this Act may make provision for a member of the Commonwealth Conciliation and Arbitration Commission to constitute, or to be a member of, a tribunal of the kind referred to in the last preceding sub-section, and nothing in this section or in the Conciliation and Arbitration Act 1904-1972 prevents a member of the Commission from accepting appointment, or performing duties, as, or as a member of, such a tribunal.

(5) Nothing in this section affects the operation of the Public Service Arbitration Act 1920-1972.
Section 7 repealed by No. 111, 1965, s. 4 (4), as substituted by No. 30, 1967, s. 3.
* * * * * * * *

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 8.
Application of Secret Commissions Act 1905.

SECT

Repealed by No. 16, 1926, s. 4; inserted by No. 5, 1931, s. 6; amended by No. 9, 1973, s. 4.
8. The Secret Commissions Act 1905 shall apply in the Territory to trade and commerce with the Territory as if the words ''with other countries and among the States'' were omitted from section 2 of that Act.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 9.
Application of Lands Acquisition Act 1955.

SECT

Substituted by No. 71, 1955, s. 3.
9.* (1) In the application of the Lands Acquisition Act 1955 in relation to land in the Territory, a reference in that Act to the Minister for the time being administering that Act shall be read as a reference to the Minister for the time being administering this Act.
Amended by No. 28, 1959, s. 20.

(2) The application of the Lands Acquisition Act 1955 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an Ordinance or other law of the Territory (including an Ordinance or other law made before the commencement of this section) for or in relation to the resumption of land held under leases granted by or on behalf of the Crown or the Commonwealth in accordance with the provisions of those leases or otherwise on just terms.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 10.
Trade and commerce with States to be free.

SECT

PART VI-MISCELLANEOUS
Heading inserted by No. 28, 1959, s. 21.
Repealed by No. 16, 1926, s. 4; inserted by No. 5, 1931, s. 6.
10. Trade, commerce and intercourse between the Territory and the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 11.
Vesting of land and other property.

SECT

Repealed by No. 19, 1926, s. 3; inserted by No. 5, 1931, s. 6.
Sub-section (1) amended by No. 85, 1939, s. 2.
11. (1) Any land vested in the Commission immediately prior to the commencement of the Northern Territory (Administration) Act 1931 is hereby vested in the Commonwealth for the same estate as that for which it was held by the Commission.
Amended by No. 85, 1939, s. 2.

(2) All moneys and other assets the property of the Commission immediately prior to the commencement of the Northern Territory (Administration) Act 1931 are hereby vested in the Commonwealth.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 11A.
Dealings with Crown lands.

SECT

Substituted by No. 71, 1955, s. 4.
11A.* The application of the Lands Acquisition Act 1955 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an Ordinance or other law of the Territory (including an Ordinance or other law made before the commencement of this section) by virtue of which-

(a) lands in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with;

(b) instruments, receipts and other documents in relation to any such lands may be executed; or

(c) rights, duties and liabilities in relation to any such lands are or may be acquired, conferred or imposed.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 12.
Continuance of contracts, &c.

SECT

Repealed by No. 16, 1926, s. 4; inserted by No. 5, 1931, s. 6; amended by No. 89, 1953, s. 14.
12. Any contract, lease or agreement to which the Commission is a party, which is in force or continuing immediately prior to the commencement of the Northern Territory (Administration) Act 1931, shall continue in force as if that 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.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 13.
Saving.

SECT

Repealed by No. 16, 1926, s. 4; inserted by No. 5, 1931, s. 6; amended by No. 89, 1953, s. 15.
13. The repeal of the Northern Australia Act 1926* shall not affect any agreement, licence or permit made, granted or preserved thereunder and existing at the commencement of the Northern Territory (Administration) Act 1931, 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 the Northern Territory (Administration) Act 1931 had not been passed.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 14.
Loans.

SECT

Inserted by No. 5, 1931, s. 6.
Sub-section (1) amended by No. 89, 1953, s. 16.
14. (1) The Commonwealth hereby assumes any liability of the Commission existing or accruing at the commencement of the Northern Territory (Administration) Act 1931 in respect of any moneys borrowed by the Commission under the Northern Australia Act 1926* and not redeemed prior to the commencement of the Northern Territory (Administration) Act 1931.
Sub-sections (2) and (3) omitted by No. 89, 1953, s. 16; sub-section (4) omitted by No. 65, 1966, s. 19, as amended by No. 15, 1967, s. 3.
* * * * * * * *

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 15.
Appropriation.

SECT

Inserted by No. 5, 1931, s. 6.
15. 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.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 16.
Continuance of laws.

SECT

Inserted by No. 5, 1931, s. 6.
16. (1) Subject to this Act, all laws in force in North Australia shall, so far as applicable, continue in force in that part of the Territory situated north of the twentieth parallel of South Latitude and shall apply, subject to such modifications and adaptations as are prescribed by Ordinance made in pursuance of this Act, to that part of the Territory situated south of the twentieth parallel of South Latitude, but any such laws other than Acts of the Parliament of the Commonwealth may be altered or repealed by Ordinances made in pursuance of this Act.

(2) Where any law which is continued in force in the Territory by virtue of this section is a law of the Commonwealth, and any power or function is by that law vested in any officer in relation to any State, or in relation to North Australia or Central Australia, that power or function shall, in relation to the Territory, be vested in and exercised by such officer as the Governor-General directs.

(3) Where any law which is continued in force in the Territory by virtue of this section is a law of the State of South Australia, any power or function, which by that law is vested in the Governor of the State of South Australia, or in the Governor of that State with the advice of his Executive Council, or in any authority of that State, shall, in relation to the Territory, be vested in and exercised or performed by the Governor-General, or the Governor-General in Council, or the authority exercising similar powers and functions in the Territory, or as the Governor-General directs.
Sections 17, 17A, 17B and 18 repealed by No. 216, 1973, s. 3.
* * * * * * * *

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 19.
Continuance of Magistrates, &c.

SECT

Inserted by No. 5, 1931, s. 6.
19. All Magistrates and Justices of the Peace holding office in North Australia or Central Australia, and entitled to exercise jurisdiction therein, and all public officers and public functionaries in and for North Australia or Central Australia, shall continue to hold office in relation to the Territory and shall continue to hold such office in the Territory on the same terms and conditions as they held office under the Northern Australia Act 1926*.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 20.
Reference in other Acts to North Australia Commission.

SECT

Inserted by No. 5, 1931, s. 6.
20. Any reference in any Act, other than the Northern Australia Act 1926* to the Commission, shall be read as a reference to the Commonwealth or to such other authority (if any) as the Governor-General directs.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 21.
Aborigines Benefits Trust Fund.

SECT

Substituted by No. 28, 1959, s. 22. Sub-section (1) amended by No. 68, 1961, s. 5; and No. 69, 1965, s. 14.
21.* (1) A Fund is hereby established to be known as the Aborigines Benefits Trust Fund.
Amended by No. 9, 1973, s. 4.

(2) The Fund is a Trust Account for the purposes of section 62A of the Audit Act 1901-1957.
Substituted by No. 88, 1969, s. 3; amended by No. 9, 1973, s. 4; and No. 216, 1973, s. 3.

(3) Subject to the next two succeeding sub-sections, there shall be paid into the Fund any amounts from time to time received by or on behalf of the Commonwealth-

(a) as royalties under a law of the Territory, being royalties in respect of mining, or the taking of timber, on land to which this section applies;

(b) as rent payable under a lease of land to which this section applies, other than a lease granted under a law of the Territory relating to mining;

(c) as revenue of any other kind that the Minister determines, from time to time, by instrument in writing, to be revenue to which this paragraph applies, being revenue derived from land to which this section applies; or

(d) as interest on, or repayment of, any loan referred to in sub- section (7).
Substituted by No. 88, 1969, s. 3.

(4) Where-

(a) moneys have been expended by or on behalf of the Commonwealth in connexion with the establishment and development of planted forests, or the development of native forests, on land to which this section applies; and

(b) the Minister considers that some or all of that expenditure should be offset against royalties in respect of the taking of timber from the forests so developed,
the Minister may, for that purpose, direct, by instrument in writing, that a portion of each amount of those royalties received by or on behalf of the Commonwealth while the direction is in force, being a portion fixed by, or in accordance with, the direction, shall be paid into the Consolidated Revenue Fund.
Substituted by No. 88, 1969, s. 3.

(5) Where-

(a) moneys have been expended by or on behalf of the Commonwealth in connexion with the subdivision of land to which this section applies (including the provision of roads, water, sewerage and other services); and

(b) the Minister considers that some or all of that expenditure should be offset against rents payable under leases of land to which this section applies,
the Minister may, for that purpose, direct, by instrument in writing, that a portion of each amount of those rents received by or on behalf of the Commonwealth while the direction is in force, being a portion fixed by, or in accordance with, the direction, shall be paid into the Consolidated Revenue Fund.
Substituted by No. 88, 1969, s. 3.

(6) Moneys standing to the credit of the Fund may be expended-

(a) for any purpose that the Minister considers to be for the benefit of-

(i) Aborigines in general;

(ii) a particular class of Aborigines; or

(iii) a particular Aboriginal; and

(b) to meet the expenses of administering the Fund,
but shall not be expended except in accordance with a direction in writing under the hand of the Minister.
Added by No. 88, 1969, s. 3.

(7) Without affecting the generality of the last preceding sub- section, a payment out of the Fund may be by way of a loan (whether secured or unsecured) by the Commonwealth on such conditions as the Minister thinks fit.
Added by No. 88, 1969, s. 3.

(8) Interest received from the investment of moneys standing to the credit of the Fund forms part of the Fund.
Added by No. 88, 1969, s. 3; amended by No. 9, 1973, s. 4.

(9) This section applies to the following land:-

(a) land that is a reserve by virtue of having been proclaimed or declared under a law of the Territory-

(i) to be reserved for the use and benefit of the aboriginal inhabitants of the Territory;

(ii) to be reserved for the use and benefit of the aboriginal native inhabitants of the Territory;

(iii) to be a reserve for Aboriginals; or

(iv) to be reserved for the use and benefit of wards; and

(b) land that is not such a reserve but that, at any time after 2nd September, 1953, was such a reserve.

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECT. 22.
Regulations.

SECT

Inserted by No. 5, 1931, s. 6.
22. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act 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.

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NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - FIRST SCHEDULE

SCH

Heading inserted by No. 89, 1953, s. 19.
THE SCHEDULES
Inserted by No. 89, 1953, s. 19.
FIRST SCHEDULE
Section 3D

OATH

I, A.B., do swear that I will well and truly serve our Sovereign Lady the Queen in the office of Administrator (or Acting Administrator, or Deputy Administrator) of the Northern Territory of Australia, and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will: So help me God)

AFFIRMATION

I, A.B., do solemnly and sincerely promise and declare that I will well and truly serve our Sovereign Lady the Queen in the office of Administrator (or Acting Administrator, or Deputy Administrator) of the Northern Territory of Australia, and that I will do right to all manner of people according to law, without fear or favour, affection or ill-will.

-----------

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - SECOND SCHEDULE

SCH

Inserted by No. 89, 1953, s. 19.
SECOND SCHEDULE
Section 4

OATH

I, A.B., do swear that I will render true and faithful service as a member of the Legislative Council for the Northern Territory of Australia: So help me God)

AFFIRMATION

I, A.B., do solemnly and sincerely promise and declare that I will render true and faithful service as a member of the Legislative Council for the Northern Territory of Australia.
Third Schedule repealed by No. 28, 1959, s. 23.
* * * * * * * *
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NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - FOURTH SCHEDULE

SCH

Added by No. 28, 1959, s. 24.
FOURTH SCHEDULE
Section 4ZC

OATH

I, A.B., do swear that, except as may be required by law, I will not divulge any information (including the contents of any document) of which I have become aware by reason of my membership of the Administrator's Council: So help me God)

AFFIRMATION

I, A.B., do solemnly and sincerely promise and declare that, except as may be required by law, I will not divulge any information (including the contents of any document) of which I have become aware by reason of my membership of the Administrator's Council.
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NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1973 - NOTES


NOTES
1. The Northern Territory (Administration) Act 1910-1973 comprises the Northern Territory (Administration) Act 1910 as amended by the other Acts specified in the following table:
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Number Date of
Act and year Date of
Assent commencement
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Northern Territory
(Administration) Act
1910 No. 27, 1910 25 Nov 1910 1 Jan 1911 (see
Gazette 1910, p.
1901)
Northern Australia Act
1926 No. 16, 1926 4 June 1926 1 Feb 1927 (see
Gazette 1927, p.
137)
Northern Territory
(Administration) Act
1926 No. 19, 1926 11 June 1926 11 June 1926
Northern Territory
(Administration) Act
1931 No. 5, 1931 21 May 1931 12 June 1931 (see
Gazette 1931, p.
931)
Northern Territory
(Administration) Act
(No. 2) 1931 No. 7, 1931 26 June 1931 12 June 1931 (see
Gazette 1931, p.
931)
Northern Territory
(Administration) Act
1933 No. 18, 1933 13 Nov 1933 12 June 1931
Northern Territory
(Administration) Act
1939 No. 85, 1939 15 Dec 1939 12 Jan 1940
Northern Territory
(Administration) Act
1940 No. 20, 1940 29 May 1940 26 June 1940
Northern Territory
(Administration) Act
(No. 2) 1940 No. 87, 1940 16 Dec 1940 12 June 1941 (see
Gazette 1941, p.
1255)
Commonwealth
Conciliation and
Arbitration Act 1947 No. 10, 1947 20 May 1947 8 Oct 1947 (see
Gazette 1947, p.
2915)
Northern Territory
(Administration) Act
1947 No. 39, 1947 12 June 1947 16 Oct 1947 (see
Gazette 1947, p.
2963)
Northern Territory
(Administration) Act
1949 No. 53, 1949 28 Oct 1949 28 Oct 1949
Northern Territory
(Administration) Act
1952 No. 71, 1952 1 Nov 1952 1 Nov 1952
Northern Territory
(Administration) Act
1953 No. 89, 1953 11 Dec 1953 Ss. 14, 15, 16 (a),
17 and 18: 12 June
1931
Remainder: 22 Apr
1954 (see Gazette
1954, p. 1181)
Northern Territory
(Administration) Act
1955 No. 71, 1955 4 Nov 1955 16 Feb 1956 (see
Gazette 1956, p.
471)
Northern Territory
(Administration) Act
1956 No. 50, 1956 30 June 1956 14 Aug 1956 (see
Gazette 1956, p.
2789)
Northern Territory
(Administration) Act
(No. 2) 1956 No. 110, 1956 15 Nov 1956 15 Nov 1956
Northern Territory
(Administration) Act
1959 No. 28, 1959 30 Apr 1959 Ss. 5, 8, 9, 11-15,
24 and 25: 4 June
1960 (see Gazette
1960, p. 1157)
S. 18: 25 Mar 1960
(see Gazette 1960,
p. 1157)
S. 20: 16 Feb 1956
Remainder: 10 Oct
1959
Northern Territory
(Administration) Act
1961 No. 68, 1961 24 Oct 1961 21 Nov 1961
Northern Territory
(Administration) Act
1962 No. 77, 1962 10 Dec 1962 7 Jan 1963
Northern Territory
(Administration) Act
1965 No. 69, 1965 22 Nov 1965 Ss. 1, 2, 3 (1) and
14: Royal Assent
Remainder: 14 Dec
1965 (see Gazette
1965, p. 5298)
National Debt Sinking
Fund Act 1966-1967 No. 65, 1966
No. 15, 1967 29 Oct 1966
12 May 1967 1 July 1966
12 May 1967
Trade Practices Act
1965-1967 No. 111, 1965
No. 39, 1966
No. 30, 1967 18 Dec 1965
27 Sept 1966
23 May 1967 (a)
Northern Territory
(Administration) Act
1968 No. 5, 1968 8 May 1968 5 June 1968
Northern Territory
(Administration) Act
(No. 2) 1968 No. 47, 1968 21 June 1968 Ss. 3, 7, 8 and 9:
26 Oct 1968 (see
Gazette 1968, p.
6163)
Remainder: Royal
Assent
Northern Territory
(Administration) Act
1969 No. 88, 1969 27 Sept 1969 27 Sept 1969
Northern Territory
(Administration) Act
1972 No. 39, 1972 2 June 1972 2 June 1972
Northern Territory
(Administration) Act
1973 No. 9, 1973 16 March 1973 21 March 1973 (see
Gazette 1973, No.
33A, p. 1)
Statute Law Revision Act
1973 No. 216, 1973 19 Dec 1973 31 Dec 1973
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(a) By section 2 of the Trade Practices Act 1965-1971, section 4 of that Act (the only section which amended the Northern Territory (Administration) Act came into operation on a date fixed by Proclamation. The date fixed was 1 September 1967 (see Gazette 1967, p. 3975).

By sub-section 4 (1) of the Restrictive Trade Practices Act 1971 the Trade Practices Act 1965, the Trade Practices Act 1966, the Trade Practices Act 1967 and the Trade Practices Act 1971 were repealed. Sub-section 4 (2) of the Restrictive Trade Practices Act 1971 provides as follows:

''(2) Nothing in the last preceding sub-section revives the operation of an Act, or of a section of an Act, referred to in sub-section (2A), (3) or (4), of section 4 of the Trade Practices Act 1965-1971 or affects the provision made by sub-sections (6) and (7) of that section for the citation of the Seat of Government (Administration) Act 1910-1965 or of the Northern Territory (Administration) Act 1910-1967.''
2.-Ss. 3 (1), 13, 14, 19 and 20-The Northern Australia Act 1926 was repealed by section 3 of the Northern Territory (Administration) Act 1931.
3.-S. 3A-By section 15 of, and Schedule 4 to, the Remuneration and Allowances Acts 1973, the rate per annum of the salary applicable to the office of Administrator of the Northern Territory is $20,810 with an annual allowance of $2,500.
4.-S. 4C (1)-This sub-section was substituted by section 4 of the Northern Territory (Administration) Act (No. 2) 1968. Sub-section 10 (1) of that Act provides as follows:

''(1) In the application of sub-section (1) of section 4C of the Principal Act as amended by this Act to the general election of members of the Legislative Council of the Northern Territory of Australia next held after this Act receives the Royal Assent, the number of members to be elected shall be deemed to be eleven.''
5.-Ss. 4U and 21-Section 21 (later repealed, see below) of the Northern Territory (Administration) Act formerly provided for the making of Ordinances by the Governor-General. That section was amended by section 4 of the Northern Territory (Administration) Act 1939 to permit an Ordinance to contain provision for the fixing of its date of effect by notice in the Gazette, and section 6 of that Act validated the commencement dates of previous Ordinances that had been so fixed.

That section 21 was repealed by section 6 of the Northern Territory (Administration) Act 1947 which provides as follows:

''6. Section twenty-one of the Principal Act is repealed, but all Ordinances made in pursuance of that section, and in force at the commencement of this section, shall continue in force until amended or repealed by an Ordinance made by the Legislative Council in pursuance of the powers conferred by the Principal Act as amended by this Act.''
6.-S. 4X-This section was amended by section 5 of the Northern Territory (Administration) Act (No. 2) 1968. Sub-section 10 (2) of that Act provides as follows:

''(2) Section 4X of the Principal Act, as amended by this Act, applies in re- lation to an Ordinance that was reserved by the Administrator for the Governor-General's pleasure before the date on which this Act receives the Royal Assent and in respect of which the Governor-General had not, before that date, made a declaration in accordance with sub-section (1) of section 4X of the Principal Act.''
7.-Section 9 was substituted by sub-section 3 (1) of the Northern Territory (Administration) Act 1955. Sub-sections 3 (2) and (3) of that Act provide as follows:

''(2) Notwithstanding the last preceding sub-section, the provisions of the Lands Acquisition Act 1906-1936, as applied by section nine of the Northern Territory (Administration) Act 1910-1953, continue to apply in relation to the acquisition of land acquired, or agreed to be acquired, before the commencement of this Act, in pursuance of the first-mentioned Act as so applied.

''(3) It is hereby declared that the reference to any public purpose in section nine of the Northern Territory (Administration) Act 1910, or of that Act as amended at any time before the commencement of this Act, included a reference to any purpose in relation to the Northern Territory.''

Sections 5 and 6 of the Northern Territory (Administration) Act 1955 provide as follows:

''5. The repeal of the Lands Acquisition Act 1906-1936 by the Lands Acquisition Act 1955 shall not be deemed to affect the operation of the Lands Acquisition Ordinance 1911-1926 of the Northern Territory of Australia or the Darwin Lands Acquisition Act 1945 in relation to the acquisition of land acquired, or agreed to be acquired, before the commencement of this Act.

''6. The Lands Acquisition Ordinance 1911 of the Northern Territory of Australia, or that Ordinance as amended at any time, or an Ordinance of that Territory made before the commencement of this Act and containing provisions for or in relation to the resumption of land held under leases granted by or on behalf of the Crown, shall not be deemed to have been, at any time before the commencement of this Act, invalid in whole or in part by reason of the provisions made by any Act for the acquisition of land in that Territory.''
8.-S. 11A-Section 3 of the Northern Territory (Administration) Act 1939 inserted a section 11A (for which this section was substituted) providing that, notwithstanding anything contained in any other Act, all lands in the Territory acquired by or vested in the Commonwealth could be disposed of, and instruments, receipts and other documents in relation to those lands could be executed, in accordance with any Ordinance or other law for the time being in force in relation to such disposal or execution. Section 5 of that Act provides as follows:

''5. Where, prior to the commencement of this Act, the Governor-General, any Minister, the North Australia Commission constituted under the Northern Australia Act 1926, or the Administrator or the Land Board of the Northern Territory of Australia, purported, in pursuance of any provision of any Ordinance or other law for the time being in force in relation to land in the Territory, to grant an estate in fee-simple, or a lease, licence or permit of, or in respect of, any such land, or to execute any instrument, receipt or other document in relation to such land, the estate in fee-simple, lease, licence or permit shall be deemed to have been duly granted, and every such instrument receipt or other document shall be deemed to have been duly executed, if granted or executed in accordance with such Ordinance or other law, and shall be deemed to be and at all times to have been as valid and effectual for all purposes as if this Act had been in force at the date of the grant or of the execution.''

See also note 7.