Northern Territory Acceptance Act 1919

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Northern Territory Acceptance Act 1919

Act No. 24 of 1919 as amended

This compilation was prepared on 19 November 2012
taking into account amendments up to Act No. 136 of 2012

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Parliamentary Counsel, Canberra

 

 

 

Contents

1 Short title [see Note 1]...........................

2 Commencement [see Note 1].......................

3 Approval of amending Agreement....................

The Schedule

Notes

 

An Act to ratify an Agreement for the Variation of the Agreement for the Surrender and Acceptance of the Northern Territory, and to amend the Northern Territory Acceptance Act 1910

Preamble

WHEREAS on the seventh day of December One thousand nine hundred and seven the Commonwealth and the State of South Australia (in this Act referred to as the said State) entered into an agreement (in this Act referred to as the said Agreement) for the surrender to and acceptance by the Commonwealth of the Northern Territory of Australia subject to approval by the Parliaments of the Commonwealth and of the said State:

And whereas by an Act intituled “The Northern Territory Surrender Act 1907” the Parliament of that State approved of the said Agreement:

And whereas by an Act intituled the Northern Territory Acceptance Act 1910 the Parliament of the Commonwealth ratified and approved the said Agreement a copy whereof is set out in the Schedule to that Act:

And whereas by the said Agreement it was among other things provided that the Commonwealth, in consideration of the surrender of the Northern Territory and property of the said State therein and the grant of the rights thereafter in the said Agreement mentioned to acquire and to construct railways in South Australia proper, should give and continue to give to the said State and its citizens equal facilities at least in transport of goods and passengers on the Port Augusta Railway to those provided by the State Government at the date of the making of the said Agreement and at rates not exceeding those in force at that date:

And whereas the Commonwealth and the State of South Australia have entered into an Agreement (in this Act referred to as the amending Agreement), subject to approval by the Parliaments of the Commonwealth and of the said State, to vary the provision referred to in the last preceding paragraph to the effect that, upon approval and ratification of the amending Agreement by the Parliaments of the Commonwealth and of the said State, the facilities to be given to the said State and its citizens in transport of goods and passengers on the Port Augusta Railway shall be at rates not exceeding those for the time being in force on the railways of the said State for similar services:

And whereas it is desirable to approve and ratify the amending Agreement:

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:

1  Short title [see Note 1]

 (1) This Act may be cited as the Northern Territory Acceptance Act 1919.

 (2) The Northern Territory Acceptance Act 1910 is in this Act referred to as the Principal Act.

 (3) The Principal Act, as amended by this Act, may be cited as the Northern Territory Acceptance Act 19101919.

2  Commencement [see Note 1]

  This Act shall commence on a day to be fixed by proclamation.

3  Approval of amending Agreement

  The amending Agreement, which is set out in the Schedule to this Act, is by this Act ratified and approved.

The Schedule

 This Agreement made the twentyfirst day of October nineteen hundred and nineteen between the Commonwealth of Australia (hereinafter referred to as “the Commonwealth”) of the one part and the State of South Australia (hereinafter referred to as “the State”) of the other part for the purpose of amending the terms of a certain Agreement made the seventh day of December nineteen hundred and seven between the same parties whereby it was agreed that the State should (inter alia) on the terms and conditions therein appearing surrender to the Commonwealth the Northern Territory (as therein defined) and should sell and transfer to the Commonwealth the Port Augusta Railway (as therein defined), (which said lastmentioned Agreement is hereinafter referred to as “the principal Agreement”) witnesseth that, subject as hereinafter mentioned to the approval of the Parliament of the Commonwealth and the Parliament of the State and for the mutual considerations mentioned in the principal Agreement, it is hereby further agreed as follows:—

 1. Subdivision (f) of clause (1) of the principal Agreement is amended by substituting for the words “rates not exceeding those at present in force,” the words “rates not exceeding those for the time being in force on the railways of the State for similar services.”

 2. This Agreement shall not take effect nor be binding in any way unless and until approved and ratified by the Parliament of the Commonwealth and the Parliament of the State.

 In witness whereof the Honourable William Morris Hughes (Prime Minister of the Commonwealth of Australia) for and on behalf of the said Commonwealth and the Honourable Archibald Henry Peake (Premier of the State of South Australia) for and on behalf of the said State have hereunto set their hands and seals the day and year first above written.

Signed sealed and delivered by the
above-named WILLIAM MORRIS HUGHES in the presence of LITTLETON E. GROOM.

 

 

W. M. HUGHES (L.S.)

Signed sealed and delivered by the
above-named ARCHIBALD HENRY PEAKE in the presence of A. J. HANNAN.

 

 

A. H. PEAKE (L.S.)

Notes to the Northern Territory Acceptance Act 1919

Note 1

The Northern Territory Acceptance Act 1919 as shown in this compilation comprises Act No. 24, 1919 amended as indicated in the Tables below.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Northern Territory Acceptance Act 1919

24, 1919

28 Oct 1919

1 Jan 1920 (see Gazette 1919, p. 2486)

 

Statute Law Revision Act 2012

136, 2012

22 Sept 2012

Schedule 6 (item 50): Royal Assent

Table of Amendments

ad. = added or inserted     am. = amended     rep. = repealed     rs. = repealed and substituted

Provision affected

How affected

S. 4....................

rep. No. 136, 2012

 

Overview

The Northern Territory Acceptance Act 1919 (Act No. 24 of 1919 as amended) was enacted by the Parliament of the Commonwealth of Australia to ratify an Agreement for the Variation of the Agreement for the Surrender and Acceptance of the Northern Territory. This Act amends the Northern Territory Acceptance Act 1910, which originally approved the surrender of the Northern Territory from South Australia to the Commonwealth. The 1919 Act addresses the need to modify the terms of the original agreement, specifically concerning the transportation facilities to be provided by the Commonwealth to South Australia and its citizens on the Port Augusta Railway. The policy objective of the Act is to ensure the continued provision of equitable transport facilities in line with the evolving conditions and rates of the State's railway services. The Act provides for the ratification and approval of an amending Agreement, which modifies a provision of the original agreement to allow the transportation rates to be set at levels not exceeding those for similar services on the State’s railways, rather than the rates in force at the date of the original agreement. This change reflects an adjustment to accommodate the changing economic and operational environments of the time. The Act was prepared by the Office of Parliamentary Counsel and the most recent compilation took into account amendments up to Act No. 136 of 2012. The operation of any amendments not in force at the date of the compilation is detailed in the Notes section.

Scope and Application

The Northern Territory Acceptance Act 1919 applies to the ratification of an amending agreement between the Commonwealth of Australia and the State of South Australia concerning the surrender and acceptance of the Northern Territory, as initially outlined in the Northern Territory Surrender Act 1907 and the Northern Territory Acceptance Act 1910. This Act is concerned with modifying the terms of the original agreement, specifically focusing on the transport of goods and passengers on the Port Augusta Railway to ensure that the facilities provided are at rates not exceeding those in force on the railways of South Australia for similar services. The Act has a jurisdictional reach limited to the Commonwealth and the State of South Australia, as it concerns an interstate agreement between these entities. The Act does not explicitly provide for exclusions or exemptions, nor does it establish specific thresholds for its application. The scope of the Act is primarily defined by the amending agreement detailed in its schedule, which itself is subject to parliamentary approval by both parties. The application and effect of the amending agreement may be further defined or extended through subordinate instruments, although such provisions are not detailed in the primary text of the Act.

Key Provisions

The Northern Territory Acceptance Act 1919 (C1919A00024) primarily serves to ratify an amending agreement between the Commonwealth of Australia and the State of South Australia concerning the terms of the original surrender and acceptance of the Northern Territory. Section 3 of the Act specifically ratifies and approves the amending agreement, which modifies the provisions regarding the transport of goods and passengers on the Port Augusta Railway, as set out in the Schedule. The amending agreement stipulates that the facilities provided for the transport of goods and passengers on the Port Augusta Railway shall be at rates not exceeding those for the time being in force on the railways of the State for similar services. The Act imposes several obligations on the parties involved. Section 3 mandates that the amending agreement, as outlined in the Schedule, must receive approval from both the Parliament of the Commonwealth and the Parliament of South Australia to become effective. This requirement ensures that both parties have formally agreed to and endorsed the changes to the original agreement. The Act does not explicitly outline specific offences, penalties, or consequences for breaches. However, the necessity for parliamentary approval of the amending agreement implies that any failure to comply with the legislative process could render the amending agreement invalid. In practical terms, this could result in continued adherence to the original terms of the 1907 agreement unless and until the required approvals are obtained. The lack of explicit penalties in the Act suggests that the primary enforcement mechanism is the requirement for parliamentary ratification, with potential political or legal repercussions for non-compliance with this process.

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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.