Administration Amendment Ordinance 2001 (No. 1) (Jervis Bay Territory)

Overview

The Jervis Bay Territory Administration Amendment Ordinance 2001 (No. 1) was enacted to address gaps in the administration and fee regulation within the Jervis Bay Territory, as governed by the Jervis Bay Territory Acceptance Act 1915. The Ordinance was promulgated by Peter John Hollingworth, the Governor-General, acting on the advice of the Federal Executive Council. Its primary objective is to refine the process for the tabling and disallowance of fee determinations, ensuring that any changes to fees are properly communicated and effective. This legislative instrument aims to enhance the transparency and accountability of administrative actions within the territory by mandating the publication of fee notices in the Gazette and specifying the commencement date and payment details of fees. This amendment thus seeks to fortify the governance framework in the Jervis Bay Territory by providing clearer guidelines on fee administration.

Scope and Application

The Jervis Bay Territory Administration Amendment Ordinance 2001 (No. 1) applies to the Jervis Bay Territory, specifically modifying provisions of the Administration Ordinance 1990. This legislative amendment affects the governance and administrative processes within the Jervis Bay Territory, ensuring that any determinations regarding fees must be properly communicated to the public by way of Gazette notice. Furthermore, the ordinance mandates that any fee determination must include details such as the effective date of the fee and may specify the payment method and any deadlines for payment. The Ordinance’s jurisdictional reach is limited to the Jervis Bay Territory, making it a local piece of legislation without broader federal or state implications. The ordinance does not explicitly state any exclusions or exemptions, but it is designed to ensure transparency and procedural compliance in the setting of fees within the Territory. Through this amendment, the ordinance extends the application of certain administrative practices by introducing more stringent requirements for the publication and enforcement of fees.

Key Provisions

The Jervis Bay Territory Administration Amendment Ordinance 2001 (No. 1) amends the Administration Ordinance 1990. The primary amendments concern the procedures and requirements for the publication and application of fees within the Jervis Bay Territory. Under the amended subsection 3B(2) (section 1), any fee determination will be ineffective unless it is published in the Gazette. This ensures transparency and informs the public of any changes or new fees. Additionally, the determination must specify the date from which the fee applies and may include details such as the manner of payment and any deadlines for payment (section 1(2A)). The Ordinance also imposes obligations on the relevant authorities to ensure that fee determinations are properly published and communicated. This includes the responsibility to issue timely notices in the Gazette, ensuring that all stakeholders are aware of the new or amended fees. The heading of section 5 has been changed to "Tabling and disallowance of determination" (section 3), indicating a procedural update or clarification regarding how determinations are to be handled within the legislative framework. In terms of consequences, the Ordinance does not explicitly outline offences or penalties for non-compliance with the requirements for fee determinations and publication. However, failure to comply with the mandated publication in the Gazette could render any fee determination ineffective, which might have administrative or financial implications for those required to pay the fees. The lack of specified penalties in the text implies that the primary consequence of non-compliance is the nullification of the fee determination itself.