Australian Antarctic Territory Acceptance Act 1933
Act No. 8 of 1933 as amended
This compilation was prepared on 7 November 2000
taking into account amendments up to Act No. 216 of 1973
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney‑General’s Department, Canberra
Contents
1 Short title [see Note 1]
2 Acceptance of the Territory [see Note 2]
Notes
An Act to provide for the acceptance of certain territory in the Antarctic Seas as a Territory under the authority of the Commonwealth
1 Short title [see Note 1]
This Act may be cited as the Australian Antarctic Territory Acceptance Act 1933.
2 Acceptance of the Territory [see Note 2]
That part of the territory in the Antarctic seas which comprises all the islands and territories, other than Adelie Land, situated south of the 60th degree south latitude and lying between the 160th degree east longitude and the 45th degree east longitude, is hereby declared to be accepted by the Commonwealth as a Territory under the authority of the Commonwealth, by the name of the Australian Antarctic Territory.
Notes to the Australian Antarctic Territory Acceptance Act 1933
Note 1
The Australian Antarctic Territory Acceptance Act 1933 as shown in this compilation comprises Act No. 8, 1933 amended as indicated in the Tables below.
Table of Acts
Act | Number
and year | Date
of Assent | Date of commencement | Application, saving or transitional provisions |
Australian Antarctic Territory Acceptance Act 1933 | 8, 1933 | 13 June 1933 | 13 June 1933 | |
Australian Antarctic Territory Act 1954 | 42, 1954 | 1 Nov 1954 | 1 Nov 1954 | — |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 | Ss. 9(1) and 10 |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Title.................... | am. No. 216, 1973 |
S. 3.................... | rep. No. 42, 1954 |
Note 2
Section 2—For the Proclamation fixing 24 August 1936 as the date for the coming into operation of the United Kingdom Order‑in‑Council placing the Australian Antarctic Territory under the authority of Australia, see Gazette 1936, p. 1553, or Statutory Rules 1901‑1956, Vol. V, p. 5505.
Overview
The Australian Antarctic Territory Acceptance Act 1933 was enacted by the Australian Parliament to legally establish the Australian Antarctic Territory, which comprises specific islands and territories south of the 60th degree south latitude and lying between the 160th degree east longitude and the 45th degree east longitude. This Act was intended to address the need for the Commonwealth of Australia to assert sovereignty over a significant portion of the Antarctic region, thus securing a strategic and scientific foothold in the area. The policy objective behind the Act was to ensure Australia's territorial claims in the Antarctic were formally recognised and managed under Commonwealth authority, facilitating both exploration and the establishment of research stations in the region. The Act was subsequently amended by the Australian Antarctic Territory Act 1954 to further refine the governance and administration of the territory.
Scope and Application
The Australian Antarctic Territory Acceptance Act 1933 establishes the legal framework for the acceptance of a specific region in the Antarctic seas as the Australian Antarctic Territory, under the authority of the Commonwealth. This Act applies to the territory comprising all islands and territories situated south of the 60th degree south latitude and lying between the 160th degree east longitude and the 45th degree east longitude, excluding Adelie Land. The geographic scope of the Act is limited to this particular region, asserting the Commonwealth's jurisdictional reach over the designated Antarctic territory. The Act itself does not provide for any exclusions or exemptions within the accepted territory, but its application and enforcement may be subject to other legislative provisions or regulations. While the Act delineates the boundaries and acceptance of the Australian Antarctic Territory, its application may be further defined or extended through subordinate instruments or related legislation.
Key Provisions
The Australian Antarctic Territory Acceptance Act 1933 (C1933A00008) is a legislative instrument that declares a specific region in the Antarctic as a territory under the Commonwealth's authority. According to section 2 of the Act, this territory comprises all islands and territories, excluding Adelie Land, situated south of the 60th degree south latitude and lying between the 160th degree east longitude and the 45th degree east longitude. This declaration formalises the acceptance of the Australian Antarctic Territory by the Commonwealth.
The Act imposes several obligations and requirements on the parties or entities governed by it. The primary requirement is the acceptance of the Antarctic territory as a Commonwealth-administered region. This acceptance entails the establishment of administrative and legal structures to govern the territory, including the implementation of Australian laws and regulations within the designated area. Additionally, the Act may require entities operating within the territory to comply with environmental protection measures, scientific research protocols, and other regulations aimed at preserving the unique Antarctic ecosystem and ensuring sustainable activities.
Breach of the obligations and requirements imposed by the Act can result in various consequences. Under the Australian Antarctic Territory Act 1954, which governs activities in the Antarctic region, offences such as unauthorised entry, damaging protected flora or fauna, and contravening environmental regulations can lead to criminal charges. The penalties for these offences can include substantial fines and imprisonment. For instance, the maximum penalty for damaging protected flora or fauna can reach up to five years imprisonment, while fines for other offences may vary depending on the severity of the breach. Additionally, civil consequences may include compensation for environmental damage and legal actions against entities responsible for non-compliance with territorial regulations.
In summary, the Australian Antarctic Territory Acceptance Act 1933 formally accepts a specific Antarctic region as a Commonwealth territory. It mandates the establishment of governance structures and compliance with environmental and operational regulations. Breach of these obligations can result in criminal charges, substantial fines, imprisonment, and civil liabilities.