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.
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 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]
