AUSTRALIAN CAPITAL TERRITORY REPRESENTATION.
No. 31 of 1959.
An Act to amend section six of the Australian Capital Territory Representation Act 1948–1949.
[Assented to 11th May, 1959.]
BE it enacted by the Queen’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 Australian Capital Territory Representation Act 1959.
(2.) The Australian Capital Territory Representation Act 1948–1949, as amended by this Act, may be cited as the Australian Capital Territory Representation Act 1948–1959.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Voting rights of member for the Australian Capital Territory.
3. Section six of the Australian Capital Territory Representation Act 1948–1949 is amended—
(a) by omitting from sub-section (1.) the words “the next succeeding sub-section” and inserting in their stead the words “this section”;
(b) by omitting sub-section (2.) and inserting in its stead the following sub-sections:—
“(2.) The member representing the Australian Capital Territory may vote—
(a) on any question arising in the House of Representatives, or in the House of Representatives sitting as a Committee of the Whole, on or in connexion with a proposed law that is determined, in accordance with the next succeeding subsection, to be a proposed law that relates solely to the Australian Capital Territory;
(b) on any motion for the disallowance of an Ordinance of the Australian Capital Territory and on any amendment of such a motion;
(c) on any motion for the disallowance of a regulation made under an Ordinance of the Australian Capital Territory and on any amendment of such a motion; and
(d) on any motion for the disallowance of a modification or variation of the plan of lay-out of the city of Canberra referred to in section twelve a of the Seat of Government (Administration) Act 19101955 and on any amendment of such a motion.
“(2a.) For the purpose of paragraph (a) of the last preceding sub-section, the question whether a proposed law is one that relates solely to the Australian Capital Territory shall be determined—
(a) by a ruling of the Speaker of the House of Representatives, or, in relation to proceedings in the House of Representatives sitting as a Committee of the Whole, by a ruling of the Chairman of Committees of the House of Representatives; or
(b) if objection is taken to the ruling of the Speaker or of the Chairman, by the House of Representatives or the House of Representatives sitting as a Committee of the Whole, as the case may be.”; and
(c) by adding at the end thereof the following sub-section:—
“(6.) In this section—
(a) references to the Speaker of the House of Representatives shall be read as including references to any member of the House of Representatives for the time being acting as Speaker or occupying the Chair as Deputy Speaker; and
(b) references to the Chairman of Committees of the House of Representatives shall be read as including references to any member of the House of Representatives for the time being acting as Temporary Chairman of Committees.”.
Overview
The Australian Capital Territory Representation Act 1959 was enacted to address a gap in the legislative representation of the Australian Capital Territory in the federal parliament. This Act amends the Australian Capital Territory Representation Act 1948–1949 to clarify and expand the voting rights of the member representing the Australian Capital Territory in the House of Representatives. The purpose of this amendment is to ensure that the member has the ability to vote on matters that are directly related to the Australian Capital Territory, including proposed laws, motions for the disallowance of ordinances and regulations, and modifications to the city plan of Canberra. Enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, this legislation aims to enhance the parliamentary representation and decision-making capabilities of the Australian Capital Territory.
Scope and Application
The Australian Capital Territory Representation Act 1959 amends the Australian Capital Territory Representation Act 1948–1949 to modify the voting rights of the member representing the Australian Capital Territory. This Act applies to the member representing the Australian Capital Territory in the House of Representatives, and it specifically pertains to their voting rights on matters that are related solely to the Australian Capital Territory. These matters include votes on proposed laws, motions for the disallowance of Ordinances of the Australian Capital Territory and amendments to such motions, motions for the disallowance of regulations made under such Ordinances and amendments to such motions, and motions for the disallowance of modifications or variations of the plan of layout of the city of Canberra. The decision on whether a proposed law relates solely to the Australian Capital Territory is made by the Speaker of the House of Representatives or the Chairman of Committees, with the possibility of a ruling being challenged by the House itself. This Act is applicable within the Commonwealth jurisdiction and came into operation on the day it received Royal Assent. It does not explicitly state any exclusions, exemptions, or thresholds, nor does it mention any subordinate instruments that might extend or restrict its application.
Key Provisions
The Australian Capital Territory Representation Act 1959 (Act) primarily amends Section 6 of the Australian Capital Territory Representation Act 1948-1949. The Act's primary function is to clarify and expand the voting rights of the member representing the Australian Capital Territory (ACT) in the House of Representatives (Section 3). Specifically, the member for ACT is now empowered to vote on any question related to the ACT, including motions for the disallowance of ACT ordinances, regulations, and modifications to the city of Canberra's layout plan (Section 3(2)). This clarification ensures that the member's voting rights are not limited by ambiguous language and are expressly stated.
The obligations imposed by the Act on the parties it governs are primarily procedural and jurisdictional. The Speaker of the House of Representatives or, in certain circumstances, the Chairman of Committees, is responsible for determining whether a proposed law relates solely to the ACT (Section 3(2a)). If there is an objection to the Speaker's or Chairman's ruling, the decision can be made by the House of Representatives or the House sitting as a Committee of the Whole (Section 3(2a)). This ensures that the process for determining the scope of the member's voting rights is clear and accountable.
Breaches of the obligations outlined in the Act may not be explicitly stated, but the importance of following the outlined procedures for determining voting rights suggests that failure to do so could lead to challenges or disputes over the validity of votes cast. The Act does not specify particular penalties for non-compliance, but any disputes or challenges could result in legal consequences, including the potential overturning of votes or decisions made in contravention of the Act's provisions. Additionally, any procedural breaches could be subject to review or correction by the courts, leading to further legal and reputational consequences for the parties involved.