Contracts Act 1978 (NT)

NORTHERN TERRITORY OF AUSTRALIA

CONTRACTS ACT 1978

As in force at 31 May 1984

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Short title2 — Repeal3 — Commencement4 — Definition5 — Contracts by the Territory6 — This Act not to be taken as appropriating money7 — Delegation8 — Not to affect statutory corporations or other bodiesENDNOTES northern territory of australia

northern territory of australia

As in force at 31 May 1984

CONTRACTS ACT 1978

An Act relating to the making and execution of contracts affecting the Northern Territory

1Short title

This Act may be cited as the Contracts Act 1978.

2Repeal

The Contracts Ordinance 1923 is repealed.

3Commencement

This Act shall come into operation on 1 July, 1978.

4Definition

In this Act, contract means an agreement creating rights or liabilities whether made orally or in writing or whether it arises by implication from circumstances or from acts of parties and, without derogating from the generality of the foregoing definition, includes a sale, purchase, mortgage, lease, licence or other dealing with property, guarantee, indemnity or other agreement in relation to a loan and an agreement for the performance of works or services.

5Contracts by the Territory

• (1)

  The Territory may enter into a contract.

• (2)

  A minister may on behalf of the Territory enter into a contract if that contract relates to a matter which concerns or is incidental to the administration of a department or of a law in force in the Territory.

• (3)

  A contract which, if it were made between natural persons would be required to be in writing to be enforceable by either party shall, if the Territory is a party to such a contract, be in writing and may be executed by a minister.

• (4)

  A contract which, if it were made between natural persons would be required to be under seal to be enforceable by either party shall, if the Territory is a party to such a contract, be executed by a minister and attested by another person who is not a party or signatory (except by way of attestation) to the contract.

• (5)

  A minister may do all things and execute all documents necessary or desirable to give effect to any contract entered into by the Territory.

• (6)

  Where a contrary intention appears in another law of the Territory, this section yields to the appearance of the contrary intention.

6This Act not to be taken as appropriating money

Nothing in this Act authorizes the appropriation of money to satisfy any liability under a contract made in accordance with this Act.

7Delegation

• (1)

  A minister may, by instrument in writing, delegate to a person his powers and functions under section 5:

  • (a)

    in relation to a contract or class of contracts;

  • (b)

    in relation to a specified district or part of the Territory; or

  • (c)

    in relation to a contract or class of contracts to be made under or for the purposes of an Act or a provision of an Act,

  so that the delegated powers may be exercised by the delegate with respect to the contract or class of contracts specified in the instrument of delegation.

• (2)

  A delegation given under subsection (1):

  • (a)

    is revocable by the minister at will;

  • (b)

    does not prevent the exercise of a power, function or authority by the minister; and

  • (c)

    is subject to such limitations and conditions as are specified in the instrument of delegation.

  8Not to affect statutory corporations or other bodies

  Nothing in this Act prevents or inhibits the power of a statutory corporation or body to enter into contracts within the competence accorded to the statutory corporation or body by any law of the Territory regulating its powers and functions.

ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Contracts Ordinance 1978 (Act No. 39, 1978)
Assent date	29 June 1978
Commenced	1 July 1978 (s 2)
Statute LawRevision Act 1981 (Act No. 29, 1981)
Assent date	25 March 1981
Commenced	25 March 1981
Contracts AmendmentAct 1983 (Act No. 48, 1983)
Assent date	12 October 1983
Commenced	12 October 1983

• 3

  SAVINGS AND TRANSITIONAL PROVISIONS

s 5 Contracts Amendment Act 1983 (Act No. 48, 1983)

• 4

  GENERAL AMENDMENTS

General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1.

• 5

  LIST OF AMENDMENTS

lt                       amd No. 29, 1981, s 2

s 1                     amd No. 29, 1981, s 2

s 3                     amd No. 29, 1981, s 2

s 4                     amd No. 29, 1981, s 2; No. 48, 1983, s 3

s 5                     amd No. 48, 1983, s 4

ss 6 – 8              amd No. 29, 1981, s 2