Mount Stromlo Observatory Act 1956

Legislation au C1956A00079 Not in force Act

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MOUNT STROMLO OBSERVATORY.

 

No. 79 of 1956.

An Act to provide for the Transfer of the Administration of the Observatory at Mount Stromlo in the Australian Capital Territory to The Australian National University, and for other purposes.

[Assented to 7th November, 1956.]

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.

1. This Act may be cited as the Mount Stromlo Observatory Act 1956.

Commencement.

2.—(1.) Subject to the next succeeding sub-section, this Act shall come into operation on the day on which it receives the Royal Assent.

(2.) Section three of this Act shall come into operation on a date to be fixed by Proclamation, being a date not earlier than the date on which the administration of the Observatory is transferred to the University in pursuance of an arrangement under section five of this Act.

Repeal.

3.—(1.) The Commonwealth Observatory Trust Fund Act 1953 is repealed.

(2.) Upon the commencement of this section, the moneys which, immediately before that commencement, stood to the credit of the Commonwealth Observatory Trust Fund established under the Act repealed by this section, and the investments representing any of those moneys, shall be paid or transferred to the University.

Definitions.

4. In this Act, unless the contrary intention appears—

“the Minister” means the Minister of State for the Interior;

“the Observatory” means the observatory situated at Mount Stromlo in the Australian Capital Territory and known, at the date of commencement of this section, as the Commonwealth Observatory;

“the University” means The Australian National University.

Arrangement for transfer of Observatory.

5—(1.) The Minister may, on behalf of the Commonwealth, enter into an arrangement with the University for and in relation to the transfer to the University of the administration of the Observatory.


(2.) An arrangement under this section may provide for—

(a) the grant to the University, at a nominal rent, of a lease in perpetuity of any land owned by the Commonwealth which is required for the purposes of the Observatory (including residential purposes), together with such property or rights in or in respect of buildings and other fixtures on any such land as the Minister thinks fit; and

(b) the transfer to the University, without charge, of any equipment or other property owned by the Commonwealth that has been used or acquired for the purposes of the Observatory.

(3.) An arrangement under this section may include such undertakings by the University as the Minister thinks necessary with respect to—

(a) the continuation by the University of all or any of the activities carried on at the Observatory at the date of the arrangement;

(b) the employment by the University of all or any of the persons who are, at the date of the arrangement, employed by the Commonwealth in connexion with the Observatory; and

(c) the use of moneys and investments paid or transferred to the University under section three of this Act.

Powers of Minister.

6. The Minister may, on behalf of the Commonwealth, do all things necessary for carrying out an arrangement made under the last preceding section.

Rights of officers.

7. Where a person employed by the University in pursuance of an arrangement made under section five of this Act was, immediately before his employment by the University, an officer of the Public Service of the Commonwealth—

(a) he retains his existing and accruing rights;

(b) for the purpose of determining those rights, his service as a person employed by the University shall be taken into account as if it were service in the Public Service of the Commonwealth; and

(c) the Officers Rights Declaration Act 19281953 applies in relation to him as if this Act and this section had been specified in the Schedule to that Act and as if the University were a Commonwealth authority within the meaning of that Act.

Overview

The Mount Stromlo Observatory Act 1956 was enacted to facilitate the transfer of the administration of the Mount Stromlo Observatory in the Australian Capital Territory from the Commonwealth to The Australian National University. This Act was assented to on 7th November, 1956, and came into operation upon receiving Royal Assent. The primary objective of this legislation was to formalise the transfer of the administration and assets of the observatory to the university, ensuring the continuity of its scientific activities. This was achieved by repealing the Commonwealth Observatory Trust Fund Act 1953 and transferring its assets to the university, as well as enabling the Minister of State for the Interior to enter into an arrangement with the university regarding the transfer of the observatory’s administration. The Act also provides for the retention of employment rights for public servants transitioning to the university.

Scope and Application

The Mount Stromlo Observatory Act 1956 provides for the transfer of administration of the Observatory at Mount Stromlo in the Australian Capital Territory to The Australian National University. The Act applies to the Minister of State for the Interior, the Commonwealth Observatory, and The Australian National University. The Act authorises the Minister to enter into an arrangement with the University for the transfer of administration, including the lease of land and the transfer of equipment or property owned by the Commonwealth. The Act also provides for the retention of rights by officers of the Public Service of the Commonwealth who are employed by the University in pursuance of an arrangement made under the Act. The Act has a national reach, applying to entities and conduct within the Commonwealth of Australia. There are no stated exclusions, exemptions, or thresholds in the Act. The Act may be extended or restricted through subordinate instruments made under its authority.

Key Provisions

The Mount Stromlo Observatory Act 1956 (section 1) provides for the transfer of the administration of the Observatory at Mount Stromlo in the Australian Capital Territory to The Australian National University. The Act allows the Minister of State for the Interior to enter into an arrangement with the University for this purpose (section 5). The Act specifies that the arrangement may include a lease of Commonwealth-owned land for the Observatory, the transfer of equipment and property without charge, and necessary undertakings by the University regarding activities, employment, and use of funds (section 5). The Minister is empowered to carry out any necessary actions for the arrangement (section 6). Under the Act, the Minister is responsible for entering into an arrangement with the University, which may include provisions for the lease of land and transfer of property and equipment (section 5). The University must accept these terms and conditions to facilitate the transfer of the Observatory’s administration. The Act also mandates that any University employee who was previously a Commonwealth Public Service officer retains their existing and accruing rights, and that these rights are determined as if the employee's service with the University counted as service in the Public Service of the Commonwealth (section 7). The Act does not explicitly outline offences or penalties for breach, but it does establish the legal framework and obligations necessary for the transfer of the Observatory’s administration to The Australian National University. The Commonwealth Observatory Trust Fund Act 1953 is repealed, and the funds and investments of that trust fund are transferred to the University upon the commencement of this Act (section 3). Any failure to comply with the terms of the arrangement could potentially lead to legal consequences, though the specific penalties are not detailed in the Act.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.