Australian Capital Territory (Self-Government) Amendment Act 2013

Overview

The Australian Capital Territory (Self-Government) Amendment Act 2013 was enacted to amend the Australian Capital Territory (Self-Government) Act 1988, addressing the need for changes in the legislative framework governing the self-government of the Australian Capital Territory. The Act was passed by the Parliament of Australia and received Royal Assent on 30 March 2013. The primary objective of this legislation is to alter the composition of the Assembly by modifying the provisions concerning the number of members and the requirements for passing enactments that affect this number. This amendment introduces a supermajority requirement for any changes to the Assembly's membership, aiming to ensure stability and careful consideration in altering the Assembly's structure. The Act makes specific changes to subsections 8(2) and (3) of the Australian Capital Territory (Self-Government) Act 1988, effectively replacing the existing provisions with new requirements. The Assembly's composition is now based on the number of members provided by enactment, subject to a minimum of 17 members until such enactment is made. Additionally, any enactment altering the number of Assembly members must be passed by a two-thirds majority of the current Assembly members, reinforcing the importance of consensus and thorough deliberation in significant legislative changes. This amendment aims to safeguard the Assembly's integrity and ensure that any modifications to its structure are made with broad support.

Scope and Application

The Australian Capital Territory (Self-Government) Amendment Act 2013 applies to the Australian Capital Territory (ACT) and modifies the Australian Capital Territory (Self-Government) Act 1988. Specifically, the Act alters the composition and legislative procedure of the ACT Legislative Assembly, which is the governing body of the ACT. The amendment affects the number of members of the Assembly and establishes that any enactment changing the number of Assembly members must be passed by at least two-thirds of the members present and voting, thereby requiring a supermajority for such changes. This Act operates within the jurisdiction of the ACT and does not extend beyond it, nor does it apply to other states or territories of Australia. The Act comes into force on the day following its Royal Assent, as specified in the commencement section of the legislation. The scope of the Act is confined to the specified amendments in the Schedule, and it does not include any other provisions unless explicitly stated. Subordinate instruments may be used to further define or implement the provisions of the Act, although the primary text does not elaborate on such instruments.

Key Provisions

The Australian Capital Territory (Self-Government) Amendment Act 2013, No. 28, 2013 (the "Act"), amends the Australian Capital Territory (Self-Government) Act 1988. This Act introduces changes primarily to section 8 of the principal Act, specifically subsections (2) and (3), to alter the composition and legislative requirements of the Assembly. According to the new provisions, the Assembly will consist of a number of members either as provided by enactment or, until such provision is made, 17 members (subsection 8(2)). Notably, any enactment that provides for the number of Assembly members or amends an existing enactment must be passed by a majority of at least two-thirds of the members present and voting, as stipulated in subsection 8(3). This requirement ensures a significant consensus is achieved before altering the Assembly’s composition. The Act imposes specific obligations on the Assembly and the legislative process within the Australian Capital Territory. For instance, any proposed changes to the number of Assembly members must now meet the stringent requirement of a two-thirds majority. This means that amendments to the Assembly's size or structure cannot be enacted lightly but must reflect a broad consensus among the members. The Act thus places a high bar on legislative amendments concerning the Assembly, ensuring stability and significant agreement before any changes are made. Failure to comply with the provisions of the Act, particularly the requirement for a two-thirds majority to pass certain amendments, may result in legal consequences. While the Act itself does not specify particular penalties or consequences for non-compliance, breaches of such legislative mandates could potentially lead to judicial review or other legal challenges. The stringent requirement for a two-thirds majority is intended to maintain the integrity and stability of the Assembly's composition, and any failure to adhere to this could be deemed unlawful, leading to potential nullification of the offending legislation or other remedies available under the law.