Northern Australia Act 1926

Legislation au C1926A00016 Not in force Act

Legislation content

NORTHERN AUSTRALIA.

 

No. 16 of 1926.

An Act to make further provision for the Development and Government of the Northern Territory of Australia and for other purposes.

[Assented to 4th June, 1926]

Preamble.

WHEREAS under and in pursuance of the Northern Territory Acceptance. Act 1910–1919 the Northern Territory of Australia was accepted by the Commonwealth as a Territory under the authority of the Commonwealth:

And whereas by the Northern Territory (Administration) Act 1910 provision was made for the provisional government of the Northern Territory:

And whereas by the Northern Territory Representation Act 1922–1925 provision was made for the representation of the Northern Territory in the Parliament of the Commonwealth:

And whereas it is expedient that in anticipation of, and with a view to the making of preparation for, the establishment of a measure of self-government in the Northern Territory, further provision be made for the development and government of the Territory:

Be it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Part I.—Preliminary.

Short title.

1. This Act may be cited as the Northern Australia Act 1926.

Commencement.

2. This Act shall commence on a date to be fixed by Proclamation.

Parts.

3. This Act is divided into Parts, as follows:—

Part I.—Preliminary.

Part II.—Constitution and Powers of North Australia Commission.

Part III.—Co-operation with States.

Part IV.—Division of Territory into North Australia and Central Australia.

Division 1.—Procedure for effecting Division.

Division 2.—North Australia.

Division 3.—Central Australia.

Division 4.—North Australia and Central Australia.

Part V.—Miscellaneous.


Repeal.

4. The Acts mentioned in the Schedule to this Act are, to the extent therein expressed, hereby repealed as from the proclaimed day mentioned in section thirty-six of this Act.

Definitions.

5.—(1.) In this Act, unless the contrary intention appears—

“Central Australia” means that part of the Territory situated south of the twentieth parallel of South Latitude;

“North Australia” means that part of the Territory situated north of the twentieth parallel of South Latitude;

“the Advisory Council”, when used in relation to North Australia, means the North Australian Advisory Council appointed under this Act, and when used in relation to Central Australia, means the Central Australian Advisory Council appointed under this Act;

“the Chairman” means the Chairman of the Advisory Council in relation to which the expression is used;

“the Commission” means the Commission appointed under this Act;

“the Government Resident”, when used in relation to North Australia, means the Government Resident of North Australia appointed under this Act, and when used in relation to Central Australia means the Government Resident of Central Australia appointed under this Act;

“ the Territory” and “the Northern Territory” mean the Northern Territory of Australia.

(2.) In Part II. of this Act, unless the contrary intention appears—

“Commissioner” means a member of the Commission…

Overview

The Northern Australia Act 1926 was enacted to make further provision for the development and government of the Northern Territory of Australia. This Act was introduced to address the need for structured governance and development in the Northern Territory, following its acceptance by the Commonwealth in 1910. Enacted by the Commonwealth Parliament, the Act aimed to establish a framework for the administration and development of the Territory, including provisions for its division into North Australia and Central Australia. The policy objective behind the Act was to prepare the Northern Territory for potential self-government by facilitating its development and governance through a dedicated administrative structure.

Scope and Application

The Northern Australia Act 1926 applies to the Northern Territory of Australia, which is divided into two separate administrative regions: North Australia and Central Australia. The Act establishes a North Australia Commission responsible for the general administration and development of North Australia, which includes tasks such as the maintenance and operation of railways, construction and maintenance of roads, and administration of Crown lands. The Commission has the authority to make by-laws and prepare development schemes, subject to the approval of the Minister. The Act also provides for the creation of Advisory Councils for both North and Central Australia to advise the respective Government Residents on matters affecting their regions. The Act further details the division of the Northern Territory's assets, debts, and responsibilities between North and Central Australia. The legislation also extends certain Commonwealth Acts to these regions with specific modifications. Notably, the Act excludes certain lands dedicated for public parks or recreation grounds from acquisition by the Commission without parliamentary authority.

Key Provisions

  • The Northern Australia Act 1926 (Act) is structured into several key sections that detail the governance, administrative, and developmental provisions for the Northern Territory, divided into North Australia and Central Australia. Section 1 establishes the short title of the Act, while Section 2 sets the commencement date. Section 6 establishes the North Australia Commission responsible for the general administration of North Australia. Section 16 enumerates the powers of the Commission, which include the maintenance and operation of railways, construction and maintenance of roads, and other developmental activities. Section 17 mandates the Commission to prepare and submit a development scheme to the Minister, who can then approve or request modifications. Section 21 outlines the procedure for authorising the construction of railways, requiring Parliamentary approval and detailed reports from the Commission.
  • The Act imposes obligations on the Commission to submit annual estimates and quarterly reports to the Minister (Sections 25 and 26). It mandates the Commission to prepare annual reports detailing the control and management of the prescribed part of the Territory (Section 28). The accounts of the Commission are subject to audit by the Auditor-General (Section 30). The Commission is also empowered to make by-laws and borrow moneys for the exercise of its powers under the Act (Sections 19 and 31).
  • Section 11 imposes significant restrictions on the powers of the Commission regarding the creation of offices and the appointment of officers, particularly limiting remuneration to £500 per annum without Ministerial sanction. Section 12 prohibits uncertificated bankrupts or insolvents from being appointed as Commissioners or Acting Commissioners. Section 13 exempts the Commissioners from the Commonwealth Public Service Act 1922–1924 concerning their services as Commissioners.
  • The Act stipulates that any indictable offence under Section 11 carries a penalty of a fine of up to £500 or imprisonment for up to three years, or both (Section 11). Any contravention of by-laws made under the Act carries a penalty not exceeding £50 or imprisonment for up to three months (Section 19(2)). Failure to comply with the Act’s provisions may result in legal actions against the Commission or its officers, subject to a one-month notice period (Section 34). Any actions against the Commission or its officers without the required notice are subject to dismissal (Section 34(4)).
  • The Act also provides for the division of the Northern Territory into North Australia and Central Australia, with specific provisions for the administration, laws, and services in each division (Part IV). The Act repeals certain sections of the Northern Territory Acceptance Act 1910 and the Northern Territory (Administration) Act 1910 (Schedule).

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Administrative Law
Environmental Law
Instrument
Act
Concepts
Commencement Provisions
Definitions & Interpretation
Repeal & Amendment
Licensing & Registration
Reporting & Disclosure Obligations
Regulatory Standards
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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.