Northern Territory Representation Act 1925 (Cth)

 

NORTHERN TERRITORY REPRESENTATION.

No. 21 of 1925.

An Act to amend the Northern Territory Representation Act 1922.

[Assented to 26th September, 1925.]

BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Northern Territory Representation Act 1925.

(2.) The Northern Territory Representation Act 1922 is in this Act referred to as the Principal Act.

 

(3.) The Principal Act, as amended by this Act, may be cited as the Northern Territory Representation Act 1922-1925.

Qualifications of member for the Northern Territory.

2. Section four ofthe Principal Act is amended by omitting therefrom the words “the member representing the Northern Territory,” and inserting in their stead the words “members of the House of Representatives,”.

Time at which election to be held.

3. Section eight of the Principal Act is amended by omitting the words “A member representing the Northern Territory shall be elected at” and inserting in their stead the words “An election of a member representing the Northern Territory shall be held as nearly as practicable at the same time as”.

4. After section eight of the Principal Act, the following section is inserted:—

Lodging and hearing of petitions.

“ 8a.—(1.) Any petition disputing an election under this Act may be lodged with the Clerk of the Supreme Court of the Northern Territory at Darwin, and. upon being so lodged, shall, for the purposes of the Commonwealth Electoral Act 1918-1922 and the regulations thereunder, be deemed to be duly filed.

“(2.) Upon a petition being lodged in pursuance of this section, the Clerk of the Supreme Court of the Northern Territory shall forthwith telegraph the petition, together with his certificate that it is duly signed and witnessed and that the required deposit has been lodged, to the Principal Registrar of the High Court.

“(3.) Upon an application being made by a party to the petition, the High Court shall have jurisdiction—

(a) to hear the petition; or

(b) to refer the petition for hearing to the Supreme Court of the Northern Territory,

and may take such other action as in the circumstances it deems necessary.

“(4.) If the High Court decides to hear the petition it may proceed to do so upon the petition as telegraphed in pursuance of sub-section (2.) of this section and the original petition shall be forwarded to the Principal Registrar of the High Court by the Clerk of the Supreme Court of the Northern Territory.

“(5.) If the High Court refers the petition for hearing to the Supreme Court of the Northern Territory that Court shall have jurisdiction to hear and decide the petition.

“(6.) A reference in pursuance of paragraph (b)of sub-section (3.) of this section may be made by telegraph and the Supreme Court of the Northern Territory may proceed upon the reference so telegraphed.

“(7.) An appeal shall lie from the Supreme Court of the Northern Territory to the High Court against the decision of the Supreme Court upon any question of law or of mixed law and fact, arising in connexion with a petition heard by the Supreme Court.”.