Northern Territory (Self‑Government) Act 1978
No. 58, 1978
Compilation No. 15
Compilation date: 11 December 2024
Includes amendments: Act No. 115, 2024
About this compilation
This compilation
This is a compilation of the Northern Territory (Self-Government) Act 1978 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Repeals
4 Interpretation
Part II—Northern Territory of Australia
5 Establishment of body politic
Part III—Legislative Assembly
Division 1—Powers of Legislative Assembly
6 Legislative power
7 Assent to proposed laws
8 Signification of pleasure on proposed law reserved
10 Reason for withholding assent etc. to be tabled in Legislative Assembly
11 Proposal of money votes
12 Powers, privileges and immunities of Legislative Assembly
Division 2—Constitution and membership of Legislative Assembly
13 Legislative Assembly
14 Qualifications of electors
15 Writs for elections
16 Term of office of member
17 Dates of elections
18 Resignation of members of Legislative Assembly
19 Filling of casual vacancy
20 Qualifications for election
21 Disqualifications for membership of Legislative Assembly
Division 3—Procedure of Legislative Assembly
22 Sessions of Legislative Assembly
23 Quorum
24 Election of Speaker
25 Acting Speaker—appointment by Legislative Assembly
26 Acting Speaker—appointment by Administrator
27 Voting in Legislative Assembly
28 Validation of acts of Legislative Assembly
29 Minutes of proceedings
30 Standing rules and orders
Part IV—The Administration
31 Extent of executive power
32 Office of Administrator
33 The Executive Council
34 Ministerial offices
35 Transfer of functions to Executive
36 Appointment of Ministers
37 Tenure of office
38 Oath to be taken by Member of…
Overview
The Northern Territory (Self-Government) Act 1978 was enacted by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia. It was introduced to provide for the government of the Northern Territory by conferring self-government on the Territory, establishing separate political, representative, and administrative institutions, and giving the Territory control over its own treasury. The policy objective is to allow the Northern Territory to manage its own affairs while remaining under the sovereignty of the Commonwealth.
Scope and Application
The Northern Territory (Self-Government) Act 1978, as amended, is a Commonwealth statute that establishes the Northern Territory of Australia as a body politic under the Crown, granting it self-governing authority. The Act applies to the Northern Territory and its institutions, including the Legislative Assembly, the Executive Council, and the Administrator. It outlines the legislative powers of the Legislative Assembly, the procedures for lawmaking, the executive powers of the Administrator, and the administrative functions of the Executive Council. The Act also addresses financial matters, including the management of public moneys and the authority to borrow from the Commonwealth. Certain provisions of the Act apply to the States by virtue of its provisions. The Act includes transitional provisions to ensure a smooth transition from the previous administration to the new self-governing framework. It also includes provisions for the continuation of existing laws and the transfer of functions and assets from the Commonwealth to the Territory. The Act’s application is not restricted by specific exclusions or thresholds, and it may be extended or restricted through subordinate instruments.
Key Provisions
- The Northern Territory (Self-Government) Act 1978 establishes the framework for the self-government of the Northern Territory of Australia. The Act sets out the structure and functions of the Legislative Assembly, the executive branch, and the administration of the territory. Section 6 of the Act grants the Legislative Assembly the power to make laws for the peace, order, and good government of the Territory, subject to the assent of the Administrator or the Governor-General. The Act outlines the procedure for the passage of laws, including the presentation of proposed laws to the Administrator for assent, the process for reserving laws for the Governor-General's pleasure, and the requirement for reasons to be tabled in the Legislative Assembly when assent is withheld (Sections 7-10). The Act also defines the qualifications for electors and candidates for the Legislative Assembly, the terms of office for members, and the process for filling casual vacancies (Sections 13-21). The Act imposes obligations on the Legislative Assembly to conduct its proceedings in a lawful and orderly manner, including the election of a Speaker and the keeping of minutes (Sections 22-30). It establishes the office of the Administrator and the Executive Council, detailing their powers, functions, and the process for the appointment and removal of Ministers (Sections 31-42). The Act regulates the use of public moneys and the borrowing powers of the Territory, and it provides for the audit of the Territory's accounts by the Commonwealth Auditor-General (Sections 43-48). Additionally, the Act addresses miscellaneous matters, such as the free trade between the Territory and the States, the acquisition of property on just terms, and the application of certain Commonwealth laws to the Territory (Sections 49-55). The Act includes provisions for transitional arrangements to ensure a smooth transition to self-government, including the continuation of existing laws and the operation of existing institutions until new provisions are made (Part VII). Offences under the Act, such as the unauthorised use of public moneys or the failure to comply with the requirements for the conduct of Legislative Assembly proceedings, may result in penalties as prescribed by law. The Act does not specify maximum penalties but refers to the general legal framework for penalties in Australian law.
- Area of Law
- Constitutional Law
- Administrative Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Legislative Concepts
- Reporting & Disclosure Obligations
- Regulatory Standards
- Licensing & Registration
- Enforcement Powers