AUSTRALIAN CAPITAL TERRITORY REPRESENTATION (No. 2).
No. 91 of 1959.
An Act to amend the Australian Capital Territory Representation Act 1948–1949, as amended by the Australian Capital Territory Representation Act 1959.
[Assented to 4th December, 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 (No. 2) 1959.
(2.) The Australian Capital Territory Representation Act 1948–1949, as amended by the Australian Capital Territory Representation Act 1959, is in this Act referred to as the Principal Act.
(3.) Section one of the Australian Capital Territory Representation Act 1959 is amended by omitting sub-section (2.).
(4.) The Principal Act, 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 Principal Act is amended by omitting paragraphs (b) and (c) of sub-section (2.) and inserting in their stead the following paragraphs:—
“(b) on any motion for the disallowance of an Ordinance of the Australian Capital Territory, or a part of such an Ordinance, and on any amendment of such a motion;
“(c) on any motion for the disallowance of any regulations, rules or by-laws made under an Ordinance of the Australian Capital Territory, or a part of any such regulations, rules or by-laws, and on any amendment of such a motion; and”.
Overview
The Australian Capital Territory Representation Act (No. 2) 1959 was enacted to further amend the Australian Capital Territory Representation Act 1948–1949, addressing the need to refine the representation and voting rights of the member for the Australian Capital Territory. This Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, and it came into operation on the day it received Royal Assent. The primary objective of this legislation was to update the voting rights and parliamentary participation of the representative from the Australian Capital Territory, ensuring that their role in the legislative process was clearly defined and aligned with the governance of the territory.
Scope and Application
The Australian Capital Territory Representation Act (No. 2) 1959 amends the Australian Capital Territory Representation Act 1948–1959 to modify the voting rights of the member for the Australian Capital Territory in the House of Representatives. This legislation applies to the member of parliament representing the Australian Capital Territory, specifically altering their voting privileges on certain motions related to the disallowance of Ordinances, and regulations, rules or by-laws made under such Ordinances within the Australian Capital Territory. The Act has a jurisdictional reach limited to the Australian Capital Territory, reflecting its focus on the representation and governance of this specific region. There are no exclusions, exemptions, or thresholds specified within the Act itself, though the scope of application could potentially be extended or clarified through subordinate instruments, which are not detailed in this particular legislative text.
Key Provisions
The Australian Capital Territory Representation Act (No. 2) 1959 primarily amends the Australian Capital Territory Representation Act 1948–1959 by modifying the voting rights of the Member for the Australian Capital Territory. Section 3 of the Act specifically alters Section 6 of the Principal Act, removing the previous subsections (2b) and (2c) and replacing them with new provisions that clarify when the Member can vote on motions related to the disallowance of Ordinances or parts of Ordinances, as well as regulations, rules, or by-laws made under an Ordinance of the Australian Capital Territory. This change ensures that the Member’s voting rights are clearly defined in relation to legislative processes concerning the Australian Capital Territory.
The Act imposes specific obligations on the Member for the Australian Capital Territory concerning their voting rights in the Parliament. These obligations include the right to vote on motions for the disallowance of Ordinances or parts of such Ordinances, and motions for the disallowance of any regulations, rules, or by-laws made under an Ordinance of the Australian Capital Territory. The Member is also permitted to vote on any amendments to these motions. These provisions ensure that the Member has a clear role in the legislative process, specifically regarding the oversight and potential disallowance of certain legislative outputs of the Australian Capital Territory.
Failure to adhere to the obligations outlined in the Act may not explicitly result in offences, penalties, or other consequences within the text of the Act. However, any actions taken by the Member that deviate from the specified voting rights could potentially be subject to parliamentary procedures for addressing breaches of legislative mandates. While the Act does not prescribe specific penalties or civil/criminal consequences, the Member’s voting rights are strictly defined, and any non-compliance could lead to procedural repercussions within the parliamentary framework.