AUSTRALIAN CAPITAL TERRITORY

Reserved Laws (Administration) Ordinance 1989

Ordinance No. 42 of 1989 as amended

made under the

Seat of Government (Administration) Act 1910

This compilation was prepared on 13 May 2002
taking into account amendments up to Ordinance No. 1 of 2001

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

Contents

 1 Short title [see Note 1]

 2 Commencement [see Note 1]

 3 Interpretation 

 4 Administration of reserved laws 

 5 Delegation of Ministers’ powers under reserved laws 

 6 Effect on delegations of changes of occupancy of office 

 7 Effect on delegations of changes in administration 

Schedules  

Schedule 1 Reserved laws administered by the Minister administering the Seat of Government (Administration) Act 1910 of the Commonwealth             

Schedule 2 Reserved Laws administered by the Attorney‑General             

Part 1 Ordinances 

Part 2 Imperial Acts in force in the Territory 

Schedule 3 Reserved Laws administered by the Treasurer 

Part 1 Ordinances 

Part 2 Acts of the Parliament of New South Wales in force in the Territory             

Schedule 4 Reserved Laws administered by the Minister administering Part II of the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth             

Notes   

An Ordinance to provide for the administration of the reserved laws of the Territory consequentially upon its establishment as a body politic under the Crown

1 Short title [see Note 1]

  This Ordinance may be cited as the Reserved Laws (Administration) Ordinance 1989.

2 Commencement [see Note 1]

 (1) Section 1, this section and section 3 commence on the day on which this Ordinance is notified in the Gazette.

 (2) The remaining provisions commence on the date of commencement of section 22 of the Australian Capital Territory (Self‑Government) Act 1988 of the Commonwealth.

3 Interpretation

 (1) In this Ordinance, unless the contrary intention appears:

reserved law means:

 (a) a law specified in Schedule 5 to the Australian Capital Territory (Self‑Government) Act 1988 of the Commonwealth;

 (c) an Ordinance; or

 (d) a regulation, rule or by‑law made under:

 (i) a law that is a reserved law by virtue of paragraph (a); or

 (ii) an Ordinance.

 (2) In this Ordinance, unless the contrary intention appears, land and National Land have the same respective meanings as in the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth.

4 Administration of reserved laws

 (1) The Minister for the time being administering the Seat of Government (Administration) Act 1910 of the Commonwealth shall administer the reserved laws specified in Schedule 1.

 (2) The Attorney‑General for the Commonwealth shall administer the reserved laws specified in Schedule 2.

 (3) The Treasurer for the Commonwealth shall administer the reserved laws specified in Schedule 3.

 (4) The Commonwealth Minister of State for Employment, Education and Training shall administer the Canberra Institute of the Arts Ordinance 1988.

 (5) Subject to subsection (5A), the Minister for the time being administering Part II of the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth shall administer the reserved laws specified in Schedule 4.

 (5A) The Minister for Administrative Services shall administer the National Land Ordinance 1989 in so far as it relates to National Land other than National Land designated in writing under section 4 of that Ordinance as land required for the special purposes of Canberra as the National Capital.

 (6) The Minister for the time being administering the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth shall administer the National Land (Parking) Ordinance 1994.

5 Delegation of Ministers’ powers under reserved laws

 (1) A Minister may, by instrument, delegate to any person all or any of his or her powers under a reserved law.

 (2) This section has effect subject to any contrary intention:

 (a) in the relevant reserved law; or

 (b) in the case of a power under a regulation, rule or by‑law — in the law under which that reserved law is made.

6 Effect on delegations of changes of occupancy of office

 (1) Where a person ceases to hold the office of Minister, a delegation under a reserved law, being a delegation made or taken to be made by that person in his or her capacity as Minister and in force immediately before the cessation:

 (a) shall, on and after that cessation, be taken to be made by the person’s successor in that office and shall then, subject to paragraph (b), otherwise have effect according to its tenor; and

 (b) may, by instrument, be varied or revoked by that successor.

 (2) Paragraphs 29B (c) and (d), and section 30, of the Interpretation Ordinance 1967 apply in relation to a delegation referred to in subsection (1) as if it had been given by the relevant successor.

7 Effect on delegations of changes in administration

 (1) Where a Minister ceases to be responsible for the administration of a reserved law, a delegation made or taken to be made by that Minister under that reserved law and in force immediately before the cessation:

 (a) shall, on and after that cessation, be taken to be made by the Minister who assumes that responsibility (in this section called the successor) and shall then, subject to paragraph (b), otherwise have effect according to its tenor; and

 (b) may, by instrument, be varied or revoked by the successor.

 (2) Paragraphs 29B (c) and (d), and section 30, of the Interpretation Ordinance 1967 apply in relation to a delegation referred to in subsection (1) as if it had been given by the successor.

Schedules   

Schedule 1 Reserved laws administered by the Minister administering the Seat of Government (Administration) Act 1910 of the Commonwealth

(subsection 4 (1))

Reserved Laws (Administration) Ordinance 1989

Reserved Laws (Interpretation) Ordinance 1989

Schedule 2 Reserved Laws administered by the Attorney‑General

(subsection 4 (2))

Part 1 Ordinances

Companies Auditors and Liquidators Disciplinary Board Ordinance 1982

Companies (Registered Societies) Ordinance 1990

Corporate Affairs Commission Ordinance 1980

Ordinances Revision (Companies Amendments) Ordinance 1982

Police Pensions Ordinance 1958

Part 2 Imperial Acts in force in the Territory

Schedule 3 Reserved Laws administered by the Treasurer

(subsection 4 (3))

Part 1 Ordinances

The Commercial Banking Company of Sydney Limited (Merger) Ordinance 1982

The Commercial Bank of Australia Limited (Merger) Ordinance 1982

Imperial Acts (Substituted Provisions) Ordinance 1986, Schedule 2, Part 21

Part 2 Acts of the Parliament of New South Wales in force in the Territory

Life, Fire and Marine Insurance Act 1902

Schedule 4 Reserved Laws administered by the Minister administering Part II of the Australian Capital Territory (Planning and Land Management) Act 1988 of the Commonwealth

(subsection 4 (5))

National Land Ordinance 1989

National Memorials Ordinance 1928

Notes to the Reserved Laws (Administration) Ordinance 1989

Note 1

The Reserved Laws (Administration) Ordinance 1989 (in force under the Seat of Government (Administration) Act 1910) as shown in this compilation comprises Ordinance No. 42, 1989 amended as indicated in the Tables below.

The Reserved Laws (Administration) Ordinance 1989 is also amended by the Arts, Environment and Territories Legislation Amendment Act 1992 of the Commonwealth (No. 130, 1992). For application, savings or transitional provisions relating to the amendments see s. 5 (2) of that Act.

The Reserved Laws (Interpretation) Ordinance 1989 of the Territory (No. 25, 1989) provides for the interpretation of those laws of the Territory which are not enactments. That Ordinance also affects references in ACT laws to enactments.

Table of Ordinances

Table of Amendments