NORTHERN TERRITORY (ADMINISTRATION).
No. 53 of 1949.
An Act to amend the Northern Territory (Administration) Act 1910-1947.
[Assented to 28th October, 1949.]
BE it enacted by the King’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 Northern Territory (Administration) Act 1949.
(2.) The Northern Territory (Administration) Act 1910–1947 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 (Administration) Act 1910–1949.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Session and prorogation of Council.
3. Section four m of the Principal Act is amended by adding at the end thereof the following sub-section:—
“(2.) At the request of at least seven members, the Administrator shall, by notice published in the Government Gazette of the Territory, appoint a time, being not later than fourteen days after the day on which he receives the request, for holding a session of the Council.”.
President of Council.
4. Section four p of the Principal Act is amended by omitting the word “Chairman” and inserting in its stead the word “President”.
The Schedule.
5. The Schedule to the Principal Act is amended—
(a) by omitting from the description of the Tennant Creek District in the column headed “Description” the word “twenty” and inserting in its stead the word “forty”; and
(b) by adding at the end of the description of the Stuart District in that column the words “and that part of the Tennant Creek District, as described in this Schedule, which is south of the twentieth degree of South Latitude”.
Overview
The Northern Territory (Administration) Act 1949 was enacted to amend the Northern Territory (Administration) Act 1910–1947, addressing specific administrative processes within the Northern Territory's governance framework. This Act was passed by the Parliament of the Commonwealth of Australia, receiving Royal Assent on 28th October 1949, and it came into operation on the same day. One of the key amendments introduced by this Act was to the procedure for convening sessions of the Council, now requiring the Administrator to set a session date within fourteen days of a request from at least seven members. Additionally, the Act altered the title of the Council's presiding officer from "Chairman" to "President". The purpose of these amendments appears to be to streamline certain administrative processes and update the terminology to reflect current practices.
Scope and Application
The Northern Territory (Administration) Act 1949 serves as an amendment to the Northern Territory (Administration) Act 1910-1947, bringing specific changes to the governance and administration of the Northern Territory. This Act applies to the governance framework and administrative practices within the Northern Territory, impacting how the territory is managed by its Council and the powers of its members. Geographically, it pertains to the Northern Territory and is enacted at the Commonwealth level, thus extending its reach to encompass the entire territory. The Act includes provisions that alter the procedures for the session and prorogation of the Council, and it renames the "Chairman" of the Council to "President". It also makes amendments to the territorial districts, adjusting the boundaries and descriptions of the Tennant Creek and Stuart Districts. The Act does not explicitly state exclusions or exemptions, nor does it mention thresholds; however, its application can be extended or restricted through subordinate instruments as necessary to implement the changes and amendments it introduces.
Key Provisions
The Northern Territory (Administration) Act 1949 (C1949A00053) primarily serves to amend the Northern Territory (Administration) Act 1910-1947. Section 1 establishes the citation of the Act and refers to the earlier Act as the Principal Act, which, as amended by this Act, is to be known as the Northern Territory (Administration) Act 1910–1949. Section 2 dictates that the Act comes into operation on the day it receives Royal Assent. Section 3 amends section four m of the Principal Act by adding a new sub-section (2) that requires the Administrator to set a date for a Council session if at least seven members request it. This date must be no later than fourteen days after the request is received, and must be published in the Government Gazette of the Territory.
The obligations imposed by the Act on the parties or entities it governs are primarily administrative and procedural. For instance, Section 3 places an obligation on the Administrator to respond to a request from at least seven Council members by setting a specific date for a Council session. This procedural requirement ensures that Council sessions are scheduled in a timely manner, allowing for proper governance and decision-making processes within the Council. Section 4 modifies the Principal Act by changing the title of the Council’s presiding officer from "Chairman" to "President," which is a more formal and fitting title for the role within the context of the Council's structure and responsibilities.
In terms of breaches and consequences, the Act itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with its provisions. However, the nature of the amendments suggests that failure to comply with the new procedural requirements for scheduling Council sessions could potentially lead to legal challenges or disputes regarding the legitimacy of the Council's actions. For instance, if the Administrator fails to set a date for a Council session within the stipulated fourteen days after receiving a valid request from at least seven members, this could be grounds for legal action challenging the validity of the Council’s proceedings. The precise consequences would depend on the interpretation and enforcement of the Act's provisions within the existing legal framework.