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Northern Territory (Self-Government) Regulations 1978

Authoritative Version
  • - F2004C00202
  • In force - Superseded Version
  • View Series
SR 1978 No. 102 Regulations as amended, taking into account amendments up to SR 1998 No. 287)
Principal Regulations
Administered by: Regional Australia, Local Government, Arts and Sport
Start Date 01 Sep 1998
End Date 13 Aug 2013

NORTHERN TERRITORY (SELF-GOVERNMENT) REGULATIONS 1978



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Northern Territory (Self-Government) Regulations 1978

SR 1978 No. 102 as amended
made under the
Northern Territory (Self-Government) Act 1978
Consolidated as in force on 6 July 1999
(includes amendments up to SR 1998 No. 287)
Prepared by the Office of Legislative Drafting,
Attorney-General's Department, Canberra
A graphic exists here.

Northern Territory (Self-Government) Regulations 1978

SR 1978 No. 102 as amended
made under the
Northern Territory (Self-Government) Act 1978

NORTHERN TERRITORY (SELF-GOVERNMENT) REGULATIONS 1978
Contents

PageNotes 12

NORTHERN TERRITORY (SELF-GOVERNMENT) REGULATIONS 1978
- REG 1
Name of regulations [see Note 1]

These regulations are the Northern Territory (Self-Government) Regulations 1978.

NORTHERN TERRITORY (SELF-GOVERNMENT) REGULATIONS 1978
- REG
2 Commencement

These Regulations shall come into operation on 1 July 1978.

NORTHERN TERRITORY (SELF-GOVERNMENT) REGULATIONS 1978
- REG
3 Interpretation

In these Regulations, unless the contrary intention appears:

the Act means the Northern Territory (Self-Government) Act 1978.

transferred contract means a contract included in a class of prescribed contracts described in the Schedule, being prescribed contracts within the meaning of subsection 71 (2) of the Act.

NORTHERN TERRITORY (SELF-GOVERNMENT) REGULATIONS 1978
- REG 4
Matters in respect of which Ministers of the Territory have
executive authority

(1)
Subject to subregulations (2) and (4), the Ministers of the Territory are to have executive authority under section 35 of the Act in respect of the following matters:

Remuneration, allowances and other entitlements in respect of services of members of the Legislative Assembly, members of the Executive Council and Ministers of the Territory, including matters in respect of which enactments may be made under section 54 of the Act

Territory insurance

Territory banking

Taxation, including stamp duty

Provision of rural, industrial and home finance credit and assistance

The Public Service of the Territory

Courts (including the procedures of the courts and the remuneration of the judiciary but not including the construction, at Alice Springs, of buildings for use by superior courts)

Legal aid

Maintenance of law and order and the administration of justice

Correctional services

Police

Private law

The legal profession

Administration of estates and trusts

Civil liberties

Inquiries and administrative reviews (including matters relating to a Territory ombudsman)

Markets and marketing

Corporate affairs

Marketable securities

Consumer affairs

Sales and leases of goods, supply of services, and security interests in or over goods

Prices and rent control

Industry (including forestry, fisheries, pastoral, agricultural building and manufacturing)

Regulation of businesses and professions

Tourism

Printing and publishing

Labour relations (including training and apprenticeship and workers' compensation and compulsory insurance or indemnity therefor)

Industrial safety

Mining and minerals (including gases and hydrocarbon fuels)

Land, public and private (including internal waters)

Land use, planning and development

Civil aviation within the Territory

Surface transport regulation (including traffic control, carriers, railways, roads and bridges, vehicle registration and compulsory third party insurance, driver licensing and railway and road safety)

Ports and harbours

Marine navigation

Environment protection and conservation (including parks, reserves and gardens and preservation of historical objects and areas)

Flora and fauna

Fire prevention and control

Water resources

Energy planning and regulation

Public utilities

Public works

Registration of land titles, instruments, and births, deaths and marriages

Local government

Housing

Public health

Education

Territory archives

Child, family and social welfare

Museums, libraries and art galleries

Scientific research

Recreation, entertainment and sport

Community, cultural and ethnic affairs

Lotteries, betting and gaming

Liquor

Firearms, explosives and hazardous and dangerous substances

Civil defence and emergency services

Censorship

(2)
Subject to subregulation (6), a matter specified in subregulation (1) shall not be construed as including or relating to:


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(a)
the mining of uranium or other prescribed substances within the meaning of the Atomic Energy Act 1953 and regulations under that Act as in force from time to time; or

(b)
rights in respect of Aboriginal Land under the Aboriginal Land Rights (Northern Territory) Act 1976.

(3)
Subject to subregulations (2) and (4), the inclusion of any matter in subregulation (1) (whether with another matter or as a separate matter) does not derogate from or affect the generality of any other matter specified in that subregulation.

(4)
A matter specified in subregulation (1) shall be construed subject to the provisions of this regulation, the Act and any other Act and regulations under another Act in force in the Territory, and so as not to be inconsistent with those provisions, to the intent that, where such a matter would, but for this subregulation, have been construed as being so inconsistent, it shall nevertheless be a matter for executive authority under section 35 of the Act to the extent to which it is not so inconsistent.

(5)
The Ministers of the Territory are also to have executive authority under section 35 of the Act in respect of the following matters:

(a)
matters in respect of which enactments may be made under sections 12 and 13 and Part V of the Act;

(b)
matters in respect of which duties, powers, functions or authorities are expressly imposed or conferred by or under another Act in force in the Territory, or by or under an enactment or an agreement or arrangement referred to in paragraph (f), on the Administrator or a Minister or officer of the Territory;

(c)
matters under an enactment (including the making of regulations, rules, by-laws and other instruments) made for the purposes of, and to the extent provided by, such another Act that expressly provides for the making of such an enactment;

(d)
the making of instruments (including regulations, rules or by-laws) under enactments other than those referred to in paragraph (c) or (f), not being instruments making provision for or in relation to a matter referred to in paragraph (a), (b), (c) or (d) of subregulation (2);

(e)
matters under instruments made under regulations, rules or by-laws;

(f)
agreements and arrangements between the Territory and the Commonwealth or a State or States, including the negotiation and the giving effect to any such agreement or arrangement by the Territory by way of enactment, regulations or other instrument, or otherwise;

(g)
enactments making provision in general terms in relation to a matter specified in subregulation (1) and only incidentally extending to a matter referred to in subregulation (2);

(h)
matters incidental to the execution of any executive authority vested in the Ministers of the Territory.

(6)
Subregulation (2) does not apply to a matter specified in subregulation (1) if the matter is also included in the matters specified in subregulation (5).

NORTHERN TERRITORY (SELF-GOVERNMENT) REGULATIONS 1978
- REG 4A
Public availability of copies of agreements and
arrangements

(1)
In this regulation, Secretary means the Secretary of the Department of the Chief Minister of the Territory.

(2)
The Secretary shall cause a copy of each agreement or arrangement of a kind referred to in paragraph 4 (5) (f) to be available for public inspection at the principal office of the Secretary while that office is open to the public.

(3)
A person may inspect, without fee, a copy of an agreement or arrangement made available for public inspection under subregulation (2).

(4)
Where a person requests the Secretary to supply the person with a copy of an agreement or arrangement referred to in subregulation (2), the Secretary shall cause the person to be supplied, without charge, with that copy.

(5)
Where the Secretary has, under subregulation (4), supplied a copy of an agreement or arrangement to a person, the Secretary shall be under no further obligation to supply any further copies of that agreement or arrangement to that person.

(6)
Failure by the Secretary to comply with a provision of this regulation in relation to an agreement or arrangement referred to in subregulation (2) does not affect the operation of subregulation 4 (5) in relation to that agreement or arrangement.


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NORTHERN TERRITORY (SELF-GOVERNMENT) REGULATIONS 1978
- REG 5
References to the Commonwealth in transferred contracts

For each reference in a transferred contract to the Commonwealth (being a reference to the Commonwealth as a party to the contract or a reference to an authority, Department or other body, or to an officer, of the Commonwealth representing the Commonwealth as a party to the contract) there shall be substituted a reference to the Northern Territory of Australia.

NORTHERN TERRITORY (SELF-GOVERNMENT) REGULATIONS 1978
- REG 6
References to Commonwealth officers etc in transferred
contracts

(1)
Where in a transferred contract there is a reference to an officer of the Commonwealth, or to an officer of an authority or other body of the Commonwealth, being a reference to such an officer otherwise than as representing the Commonwealth as a party to the contract, the reference shall be read as a reference to the person who is, for the time being, holding, or exercising the powers and functions of, the corresponding office, if any, of the Territory or of an authority or body of the Territory.

(2)
Where in a transferred contract there is a reference to an authority or other body of the Commonwealth otherwise than as representing the Commonwealth as a party, the reference shall be read as a reference to the corresponding authority or body, if any, of the Territory.

(3)
Where there is no such office, authority or other body corresponding to the reference in the transferred contract, the reference shall be read as a reference to such office, authority or body of the Territory as the Administrator, by instrument in writing, directs.

NORTHERN TERRITORY (SELF-GOVERNMENT) REGULATIONS 1978
- REG 7
Rights etc under transferred contracts or collateral
documents

(1)
Rights, obligations and liabilities of the Commonwealth under a transferred contract, and under any document that is collateral to such a transferred contract, become, on and after 1 July 1978, rights, obligations, and liabilities of the Northern Territory of Australia.

(2)
Where, immediately before 1 July 1978, an amount of money was due to or by the Commonwealth under a transferred contract, that amount of money remains due to or by the Commonwealth until it is paid.

NORTHERN TERRITORY (SELF-GOVERNMENT) REGULATIONS 1978
Schedule Classes of transferred contracts

(regulations 5, 6 and 7)

Agreements with applicants for advances under Part II or Part III of the Mining Assistance Ordinance 1939 of the Northern Territory or that Ordinance as amended
Contracts with veterinary surgeons for the testing of cattle for tuberculosis
Contracts with collectors of blood samples from cattle for serological testing for brucellosis
Contracts with laboratories for serological testing for brucellosis of blood or other samples taken from cattle
Agreements under the Water Supplies Development Ordinance 1960 of the Northern Territory, or that Ordinance as amended, with landholders relating to the conditions of advances in respect of work for the development or improvement of a water supply or for the development of land for irrigation or relating to the conditions on which information or advice is provided to landholders on problems of water development
Agreements with borrowers from the Darwin Business Relief Loan Fund with respect to the repayment of principal and payment of interest and other charges in respect of relief loans from the fund and the giving of securities for them
Contracts entered into by the Department of Administrative Services on behalf of the Commonwealth with lessors for the leasing of premises of which, on 1 July 1978, a Department or authority of the Territory is the lessee, and for incidental maintenance, cleaning, security and other services of or in respect

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of those premises
Contracts entered into by the Department of Administrative Services on behalf of the Commonwealth with contractors for the maintenance, cleaning, security and other services of or in respect of premises of which, on 1 July 1978, a Department or authority of the Territory is the lessee
Contracts entered into by or on behalf of the Commonwealth for supplies (including works, stores and services) for or by a Department or authority of the Commonwealth in the Northern Territory, or part of such a Department or authority, in connection with the exercise of powers and functions in relation to matters specified under section 35 of the Act, being contracts tenders for which were considered by a Departmental Tender Board or contracts summaries of the provisions of which were published in the Government Gazette of the Territory
Contracts entered into on behalf of the Commonwealth by the Department of Construction (or that Department under a former name) or by an officer of that Department with consultants or contractors with respect to matters that are, on 1 July 1978, within the functions and powers of the Northern Territory Electricity Commission
Contracts entered into on behalf of the Commonwealth by the Department of Construction (or that Department under a former name) or by an officer of that Department with consultants or contractors for works in relation to matters specified under section 35 of the Act
Contracts entered into before 1 July 1978 on behalf of the Commonwealth in relation to loans to industry, including drought and flood relief business loans.

NORTHERN TERRITORY (SELF-GOVERNMENT) REGULATIONS 1978
Notes to the Northern Territory (Self-Government) Regulations 1978

Note 1

The Northern Territory (Self-Government) Regulations 1978 (in force under the Northern Territory (Self-Government) Act 1978) as shown in this consolidation comprise Statutory Rules 1978 No. 102 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number
Date of notification
in Gazette
Date of
commencement
Application, saving or
transitional provisions
1978 No. 102
29 June 1978
1 July 1978

1978 No. 168
19 Sept 1978
19 Sept 1978

1978 No. 290
29 Dec 1978
29 Dec 1978
R. 1
1979 No. 118
29 June 1979
29 June 1979
R. 1
1979 No. 205
27 Sept 1979
27 Sept 1979
R. 1
1980 No. 105
22 May 1980
1 June 1980

1980 No. 233
21 Aug 1981
21 Aug 1981

1985 No. 346
19 Dec 1985
19 Dec 1985

1998 No. 287
1 Sept 1998
1 Sept 1998

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected
How affected
R. 1
rs. 1998 No. 287
R. 4
am. 1978 Nos. 168 and 290; 1979 Nos. 118 and 205; 1980 No. 105; 1981 No. 233
R. 4A
ad. 1985 No. 346
R. 4
am. 1998 No. 287
Schedule
am. 1985 No. 346