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Northern Territory Representation Act 1922

Act No. 18 of 1922 as amended, taking into account amendments up to Act No. 11 of 1968
Registered 04 Dec 2009
Start Date 15 May 1968
End Date 18 Sep 1980
Date of repeal 21 Feb 1984
Repealed by Commonwealth Electoral Legislation Amendment Act 1983

NORTHERN TERRITORY REPRESENTATION ACT 1922
- Reprinted as at 15 May 1968 (HISTACT2 CHAP 219 #DATE 15:05:1968)

NORTHERN TERRITORY REPRESENTATION ACT 1922-1968 - TABLE OF PROVISIONS

TABLE


NORTHERN TERRITORY REPRESENTATION ACT 1922-1968

TABLE OF PROVISIONS
Section
1. Short title
2. Commencement
2A. Definition
3. Representation of Northern Territory
4, 5. (Repealed)
6. Powers, immunities and privileges of member
7. Application of Commonwealth Electoral Act 1918-1922
8. Time at which election to be held
8A. Lodging and hearing of petitions
9. Regulations

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NORTHERN TERRITORY REPRESENTATION ACT 1922-1968 - SECT. 1.
Short title.

SECT

Parliament of the Commonwealth.
Short title amended; No. 32, 1918, s. 2.
1. This Act may be cited as the Northern Territory Representation Act 1922-1968.*

NORTHERN TERRITORY REPRESENTATION ACT 1922-1968 - SECT. 2.
Commencement.

SECT

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

NORTHERN TERRITORY REPRESENTATION ACT 1922-1968 - SECT. 2A.
Definition.

SECT

Inserted by No. 11, 1968, s. 3.
2A. In this Act ''the Northern Territory'' means the Northern Territory of Australia.

NORTHERN TERRITORY REPRESENTATION ACT 1922-1968 - SECT. 3.
Representation of Northern Territory.

SECT

3. The representation of the Northern Territory in the Parliament of the Commonwealth shall consist of one member of the House of Representatives elected in accordance with this Act.
Sections 4 and 5 repealed by No. 11, 1968, s. 4.
* * * * * * * *

NORTHERN TERRITORY REPRESENTATION ACT 1922-1968 - SECT. 6.
Powers, immunities and privileges of member.

SECT

Substituted by No. 11, 1968, s. 4.
6. The member representing the Northern Territory has all the powers, immunities and privileges of a member representing an Electoral Division of a State and the representation of the Northern Territory shall be on the same terms as the representation of such an Electoral Division.

NORTHERN TERRITORY REPRESENTATION ACT 1922-1968 - SECT. 7.
Application of Commonwealth Electoral Act 1918-1922.

SECT

Amended by No. 11, 1968, s. 5.
7. Subject to this Act, the provisions of the Commonwealth Electoral Act 1918-1922 shall apply, with such exceptions and subject to such modifications and adaptations as are prescribed,* in the Northern Territory in like manner as if-

(a) the Northern Territory were an Electoral Division;

(b) the election of a member to represent the Northern Territory were the election of a member to represent an Electoral Division of a State; and

(c) the Supreme Court of the Northern Territory of Australia were the Supreme Court of a State.

NORTHERN TERRITORY REPRESENTATION ACT 1922-1968 - SECT. 8.
Time at which election to be held.

SECT

Amended by No. 21, 1925, s. 3.
8. An election of a member representing the Northern Territory shall be held as nearly as practicable at the same time as each general election of members of the House of Representatives and on any other occasion upon which the place of the member representing the Northern Territory becomes vacant.

NORTHERN TERRITORY REPRESENTATION ACT 1922-1968 - SECT. 8A.
Lodging and hearing of petitions.

SECT

Inserted by No. 21, 1925, s. 4.
Sub-section (1) amended by No. 11, 1968, s. 6.
8A. (1) Any petition disputing an election under this Act may be lodged with the Master of the Supreme Court of the Northern Territory of Australia, and, upon being so lodged, shall, for the purposes of the Commonwealth Electoral Act 1918-1922 and the regulations thereunder, be deemed to be duly filed.
Amended by No. 11, 1968, s. 6.

(2) Upon a petition being lodged in pursuance of this section, the Master of the Supreme Court of the Northern Territory of Australia shall forthwith telegraph the petition, together with his certificate that it is duly signed and witnessed and that the required deposit has been lodged, to the Principal Registrar of the High Court.
Amended by No. 11, 1968, s. 6.

(3) Upon an application being made by a party to the petition, the High Court shall have jurisdiction-

(a) to hear the petition; or

(b) to refer the petition for hearing to the Supreme Court of the Northern Territory of Australia,
and may take such other action as in the circumstances it deems necessary.
Amended by No. 11, 1968, s. 6.

(4) If the High Court decides to hear the petition it may proceed to do so upon the petition as telegraphed in pursuance of sub-section (2) of this section and the original petition shall be forwarded to the Principal Registrar of the High Court by the Master of the Supreme Court of the Northern Territory of Australia.
Amended by No. 11, 1968, s. 6.

(5) If the High Court refers the petition for hearing to the Supreme Court of the Northern Territory of Australia that Court shall have jurisdiction to hear and decide the petition.
Amended by No. 11, 1968, s. 6.

(6) A reference in pursuance of paragraph (b) of sub-section (3) of this section may be made by telegraph and the Supreme Court of the Northern Territory of Australia may proceed upon the reference so telegraphed.
Amended by No. 11, 1968, s. 6.

(7) An appeal shall lie from the Supreme Court of the Northern Territory of Australia to the High Court against the decision of the Supreme Court upon any question of law or of mixed law and fact, arising in connexion with a petition heard by the Supreme Court.

NORTHERN TERRITORY REPRESENTATION ACT 1922-1968 - SECT. 9.
Regulations.

SECT

9. 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 giving effect to this Act.
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NORTHERN TERRITORY REPRESENTATION ACT 1922-1968 - NOTES


NOTES
1. The Northern Territory Representation Act 1922-1968 comprises the Northern Territory Representation Act 1922 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
Representation Act 1922 No. 18, 1922 5 Oct 1922 11 Oct 1922
(see Gazette
1922, p. 1787)
Northern Territory
Representation Act 1925 No. 21, 1925 26 Sept 1925 26 Sept 1925
Northern Territory
Representation Act 1936 No. 65, 1936 1 Dec 1936 1 Dec 1936
Northern Territory
Representation Act 1949 No. 11, 1949 25 Mar 1949 22 April 1949
Northern Territory
Representation Act 1959 No. 27, 1959 29 April
1959 29 April 1959
Northern Territory
Representation Act 1968 No. 11, 1968 15 May 1968 15 May 1968
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2.-S. 7-For modifications and adaptations of the Commonwealth Electoral Act in its application to the Northern Territory, see the Northern Territory Electoral Regulations (Statutory Rules 1947, No. 148, as amended by Statutory Rules 1949, No. 61; 1956, No. 74; 1957, Nos. 3 and 66; 1960, No. 1; 1961, No. 132; 1962, Nos. 49 and 100; 1965, Nos. 15 and 132; 1966, Nos. 29 and 146; 1967, No. 17; 1969, No. 155; 1971, No. 80 and 1973, No. 64).