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Northern Territory (Self-Government) Regulations 1978

Authoritative Version
SR 1978 No. 102 Regulations as amended, taking into account amendments up to Northern Territory (Self-Government) Amendment Regulation 2013 (No. 1)
Administered by: Infrastructure, Regional Development and Cities
Registered 16 Sep 2013
Start Date 14 Aug 2013
Table of contents.

Commonwealth Coat of Arms

Northern Territory (Self‑Government) Regulations 1978

Statutory Rules No. 102, 1978 as amended

made under the

Northern Territory (Self‑Government) Act 1978

Compilation start date:                     14 August 2013

Includes amendments up to:            SLI No. 226, 2013

 

About this compilation

This compilation

This is a compilation of the Northern Territory (Self-Government) Regulations 1978 as in force on 14 August 2013. It includes any commenced amendment affecting the legislation to that date.

This compilation was prepared on 13 September 2013.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of each amended provision.

Uncommenced amendments

The effect of uncommenced amendments is not reflected in the text of the compiled law but the text of the amendments is included in the endnotes.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If a provision of the compiled law is affected by a modification that is in force, details are included in the endnotes.

Provisions ceasing to have effect

If a provision of the compiled law has expired or otherwise ceased to have effect in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

1............ Name of regulations............................................................................ 1

2............ Commencement................................................................................... 1

3............ Interpretation....................................................................................... 1

4............ Matters in respect of which Ministers of the Territory have executive authority      1

4A......... Public availability of copies of agreements and arrangements............. 6

5............ References to the Commonwealth in transferred contracts.................. 6

6............ References to Commonwealth officers etc in transferred contracts..... 7

7............ Rights etc under transferred contracts or collateral documents............ 7

Schedule—Classes of transferred contracts                                        8

Endnotes                                                                                                                                    10

Endnote 1—About the endnotes                                                                            10

Endnote 2—Abbreviation key                                                                                12

Endnote 3—Legislation history                                                                             13

Endnote 4—Amendment history                                                                           14

Endnote 5—Uncommenced amendments [none]                                          15

Endnote 6—Modifications [none]                                                                         15

Endnote 7—Misdescribed amendments [none]                                             15

Endnote 8—Miscellaneous [none]                                                                        15


1  Name of regulations

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

2  Commencement

                   These Regulations shall come into operation on 1 July 1978.

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.

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)

                   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:

                     (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).

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.

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.

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.

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.


ScheduleClasses 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 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.


Endnotes

Endnote 1—About the endnotes

The endnotes provide details of the history of this legislation and its provisions. The following endnotes are included in each compilation:

 

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnote 5—Uncommenced amendments

Endnote 6—Modifications

Endnote 7—Misdescribed amendments

Endnote 8—Miscellaneous

 

If there is no information under a particular endnote, the word “none” will appear in square brackets after the endnote heading.

 

Abbreviation key—Endnote 2

The abbreviation key in this endnote sets out abbreviations that may be used in the endnotes.

 

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

 

The legislation history in endnote 3 provides information about each law that has amended the compiled law. The information includes commencement information for amending laws and details of application, saving or transitional provisions that are not included in this compilation.

 

The amendment history in endnote 4 provides information about amendments at the provision level. It also includes information about any provisions that have expired or otherwise ceased to have effect in accordance with a provision of the compiled law.

 

Uncommenced amendments—Endnote 5

The effect of uncommenced amendments is not reflected in the text of the compiled law, but the text of the amendments is included in endnote 5.

Modifications—Endnote 6

If the compiled law is affected by a modification that is in force, details of the modification are included in endnote 6.

 

Misdescribed amendments—Endnote 7

An amendment is a misdescribed amendment if the effect of the amendment cannot be incorporated into the text of the compilation. Any misdescribed amendment is included in endnote 7.

 

Miscellaneous—Endnote 8

Endnote 8 includes any additional information that may be helpful for a reader of the compilation.

 

Endnote 2—Abbreviation key

 

ad = added or inserted

pres = present

am = amended

prev = previous

c = clause(s)

(prev) = previously

Ch = Chapter(s)

Pt = Part(s)

def = definition(s)

r = regulation(s)/rule(s)

Dict = Dictionary

Reg = Regulation/Regulations

disallowed = disallowed by Parliament

reloc = relocated

Div = Division(s)

renum = renumbered

exp = expired or ceased to have effect

rep = repealed

hdg = heading(s)

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

mod = modified/modification

Sdiv = Subdivision(s)

No = Number(s)

SLI = Select Legislative Instrument

o = order(s)

SR = Statutory Rules

Ord = Ordinance

Sub‑Ch = Sub‑Chapter(s)

orig = original

SubPt = Subpart(s)

par = paragraph(s)/subparagraph(s)
/sub‑subparagraph(s)

 

 

Endnote 3—Legislation history

 

Number and year

Gazettal or FRLI registration date

Commencement

Application, saving and 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

226, 2013

13 Aug 2013 (see F2013L01572)

14 Aug 2013

 

Endnote 4—Amendment history

 

Provision affected

How affected

r 1........................................

rs 1998 No 287

r 4........................................

am 1978 No 168 and 290; 1979 No 118 and 205; 1980 No 105; 1981 No 233; No 226, 2013

r 4A......................................

ad 1985 No 346

r 4........................................

am 1998 No 287

Sch.......................................

am 1985 No 346

Endnote 5—Uncommenced amendments [none]

Endnote 6—Modifications [none]

Endnote 7—Misdescribed amendments [none]

Endnote 8—Miscellaneous [none]