Administration (Amendment) Ordinance 1996 (Jervis Bay Territory)

Overview

The Jervis Bay Territory Administration (Amendment) Ordinance 1996 was enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, under the Jervis Bay Territory Acceptance Act 1915. This legislative instrument addresses the need to enhance the administrative capabilities of the Jervis Bay Territory by amending the existing Administration Ordinance 1990. The primary objective of this amendment is to enable the Minister to provide essential utilities and services, including water, electricity, gas, drainage and sewerage, and refuse removal, to the residents and businesses within the territory. Additionally, the Ordinance establishes a framework for the imposition, publication, and enforcement of fees for these services, ensuring that they are reasonable and transparent. The amendments also address the procedural requirements for tabling and disallowance of notices related to fee determinations, as well as the delegation of certain powers to appropriate officials within the Department.

Scope and Application

The Jervis Bay Territory Administration (Amendment) Ordinance 1996 amends the Administration Ordinance 1990 to provide for the supply of certain utilities and services within the Jervis Bay Territory, specifically water, electricity, gas, drainage and sewerage, and refuse removal. The Ordinance applies to persons and entities within the Jervis Bay Territory who use or are supplied with these utilities and services. The Minister for Sport, Territories and Local Government has the authority to determine fees for these utilities and services, provided that notice of the fee is published in the Gazette and the fee bears a reasonable relationship to the cost of supplying the utility or service or is less than the cost of supplying it. The fees can vary depending on the locality or circumstances of supply. The Minister may also delegate their power to determine fees to a holder of an office in the Department. The Ordinance extends to the Jervis Bay Territory and is subject to disallowance by the Federal Executive Council. There are no stated exclusions or exemptions within the text of the Ordinance itself, but the application of the Ordinance may be further defined or restricted through subordinate instruments or applied Acts.

Key Provisions

The Jervis Bay Territory Administration (Amendment) Ordinance 1996 introduces several new sections that expand the authority of the Minister for Sport, Territories and Local Government in managing utilities and services within the Jervis Bay Territory. Specifically, section 3A empowers the Minister to make provisions for the supply or use of utilities and services, including water, electricity, gas, drainage and sewerage, and refuse removal. This is a significant expansion of the Minister's responsibilities, allowing for greater control over essential services within the territory. Section 3B imposes a fee on individuals for the provision of utilities or the use of services provided by the Minister. The fee must be determined by the Minister and published in the Gazette, with the requirement that it bear a reasonable relationship to the cost of supplying the utility or service. This provision ensures that the fees charged are both transparent and justifiable. Section 3C outlines the requirements for notices regarding the imposition of fees, stipulating that they must specify the commencement date of the fee and may include details on how and when the fee must be paid. Section 3D allows the Minister to determine fees under applied Acts, ensuring consistency with other relevant legislation, provided that the fee determination is also published in the Gazette. The obligations placed on the Minister and other parties are substantial. The Minister is tasked with determining and publishing fees for utilities and services, ensuring that these fees are reasonable and justified. The obligation to publish fee determinations in the Gazette ensures transparency and public accountability. Additionally, the Minister can delegate certain powers, such as fee determination, to the holder of an office in the Department, as outlined in section 6, provided that this delegation is done in writing. Failure to comply with the provisions of the Ordinance may lead to legal consequences. While the Ordinance does not explicitly outline specific offences or penalties, breaches of the requirements for fee determination and publication could potentially lead to civil or administrative actions. For example, if fees are not determined and published in accordance with the provisions of sections 3B and 3C, this could result in the fees being deemed invalid, leading to potential financial disputes or legal challenges. Additionally, the application of sections 4G, 4H, 4J, and 4K of the Jervis Bay Territory Acceptance Act 1915 to determinations under this Ordinance implies that any non-compliance could also attract the penalties or consequences stipulated under those sections of the parent Act.