Northern Territory (Administration) Act 1965

Legislation au C1965A00069 Not in force Act

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Northern Territory (Administration)

No. 69 of 1965

An Act to amend the Northern Territory (Administration) Act 1910–1962.

[Assented to 22 November, 1965]

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 and citation.

1.—(1.) This Act may be cited as the Northern Territory (Administration) Act 1965.

(2.) The Northern Territory (Administration) Act 1910–1962 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 1910–1965.

Commencement.

2.—(1.) Sections 1 and 2, sub-section (1.) of section 3 and section 14 of this Act shall come into operation on the day on which this Act receives the Royal Assent.

(2.) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.

Interpretation.

3.—(1.) Section 3 of the Principal Act is amended by inserting in sub-section (1.), before the definition of “Acting Administrator”, the following definition:—

“‘Aborigines’ or ‘Aboriginals’ means aboriginal natives of Australia;”.

(2.) Section 3 of the Principal Act is amended—

(a) by inserting in sub-section (1.), after the definition of “the Legislative Council”, the following definition:—

“‘the President’ means the President of the Legislative Council;”; and

(b) by adding at the end thereof the following sub-section:—

“(3.) A reference in this Act to the powers or functions of the President shall be read as including a reference to the powers or functions of the President under any law in force in the Territory.”.


Legislative Council.

4. Section 4 of the Principal Act is amended by omitting paragraph (a) of sub-section (2.).

Resignation of official and non-official members.

5. Section 4b of the Principal Act is repealed.

6. Section 4h of the Principal Act is repealed and the following section inserted in its stead:—

Resignation of members of Legislative Council.

“4h.—(1.) A member of the Legislative Council who desires to resign his office shall deliver an instrument of resignation signed by him to the President or, if there is no President or the President is absent from the Territory, to the Administrator.

“(2.) Where the President receives an instrument of resignation signed by an official member or by a non-official member of the Legislative Council, he shall transmit the instrument to the Administrator.

“(3.) Where the Administrator receives an instrument of resignation signed by an official member or by a non-official member of the Legislative Council, he shall transmit the instrument to the Minister for submission to the Governor-General.

“(4.) The resignation of an elected member or of a non-official member of the Legislative Council becomes effective when the instrument of resignation is received by the President or, where it is delivered to the Administrator, by the Administrator, but the resignation of an official member is not effective until the resignation has been accepted by the Governor-General.”.

Disqualifications for membership of Legislative Council.

7. Section 4ka of the Principal Act is amended by omitting from paragraph (c) of sub-section (3.) the word “Administrator” and inserting in its stead the words “Legislative Council”.

Sessions of Legislative Council.

8. Section 4m of the Principal Act is amended by omitting from sub-section (2.) the word “nine” and inserting in its stead the word “eight”.

Quorum.

9. Section 4n of the Principal Act is amended—

(a) by omitting from sub-section (1.) the word “nine” and inserting in its stead the word “eight”; and

(b) by omitting sub-section (2.).

10. Section 4p of the Principal Act is repealed and the following sections are inserted in its stead:—

Election of President.

“4p.—(1.) The Legislative Council shall, before proceeding to the despatch of any other business, choose an elected member or a non-official member of the Legislative Council to be the President of the Legislative Council and, as often as the office of President becomes vacant, the Legislative Council shall again choose an elected member or a non-official member to be the President.


“(2.) The President ceases to hold his office if he ceases to be an elected member or a non-official member of the Legislative Council.

“(3.) The President may be removed from office by the Legislative Council or he may resign his office by delivering an instrument of resignation signed by him to the Administrator.

Appointment of Acting President by Legislative Council.

“4pa.—(1.) Before or during any absence of the President, or during any inability of the President, by reason of illness or incapacity, to exercise the powers or perform the functions of the President, the Legislative Council may appoint an elected member or a non-official member to exercise those powers and perform those functions during the absence or inability of the President.

“(2.) A reference in this Act or in any other law in force in the Territory to the President shall be read as including a reference to a person appointed under the last preceding sub-section.

“(3.) An appointment under sub-section (1.) of this section remains in force—

(a) until the absence or inability of the President ceases;

(b) until the appointment is revoked by the Legislative Council;

(c) until the person appointed resigns the appointment by delivering an instrument of resignation signed by him to the Administrator; or

(d) until the person appointed ceases to be an elected member or a non-official member of the Legislative Council,

whichever first happens.

Appointment of Acting President by Administrator in certain circumstances.

“4pb.—(1.) Where—

(a) the office of President has become vacant and the Legislative Council has not chosen another President to fill the vacancy;

(b) the President is absent or is unable, by reason of illness or incapacity, to exercise the powers or perform the functions of the President and the Legislative Council has not appointed a person under sub-section (1.) of the last preceding section;

(c) the appointment of a person under sub-section (1.) of the last preceding section has ceased to be in force, otherwise than by reason of the absence or inability of the President ceasing, and the Legislative Council has not appointed another member under that sub-section; or


(d) a person appointed under sub-section (1.) of the last preceding section is absent or is unable, by reason of illness or incapacity, to exercise the powers or perform the functions of the President and the Legislative Council has not appointed another person under that sub-section,

the Administrator may, by instrument in writing, appoint an elected member or a non-official member of the Legislative Council to exercise the powers and perform the functions of the President.

“(2.) A reference in this Act or in any other law in force in the Territory to the President shall be read as including a reference to a person appointed under the last preceding sub-section.

“(3.) An appointment under sub-section (1.) of this section remains in force—

(a) until the next meeting of the Legislative Council is held;

(b) until the Administrator, by instrument in writing, revokes the appointment;

(c) until the person appointed resigns the appointment by delivering an instrument of resignation signed by him to the Administrator;

(d) until the person appointed ceases to be an elected member or a non-official member of the Legislative Council;

(e) in the case of the absence or inability of the President—until that absence or inability ceases; or

(f) in the case of the absence or inability of a person appointed under sub-section (1.) of the last preceding section—until that absence or inability ceases or, if the absence or inability of the President ceases before the absence or inability of that person ceases, until the absence or inability of the President ceases,

whichever first happens.”.

Voting in Legislative Council.

11. Section 4q of the Principal Act is amended by omitting from sub-section (2.) the words “Administrator or” and inserting in their stead the words “President or other”.

12. Section 4r of the Principal Act is repealed and the following section inserted in its stead:—

Minutes of proceedings.

“4r.—(1.) The Legislative Council shall cause minutes of its proceedings to be kept.

“(2.) A copy of any minutes so kept shall, on request made by any person, be made available for inspection by him or, on payment of such fee as is fixed by Ordinance, be supplied to him.”.


Proposal of money votes.

13. Section 4s of the Principal Act is amended by omitting the words “except by the Administrator, unless the proposal has been expressly allowed or directed by him” and inserting in their stead the words “unless it has in the same session been recommended by message of the Administrator to the Legislative Council”.

Aborigines Benefits Trust Fund.

14. Section 21 of the Principal Act is amended—

(a) by omitting from sub-section (1.) the word “Wards” and inserting in its stead the word “Aborigines”; and

(b) by omitting sub-sections (3.) and (4.) and inserting in their stead the following sub-sections:—

“(3.) There shall be paid into the Fund, out of the Consolidated Revenue Fund, which is appropriated accordingly, amounts equal to the amounts from time to time received by or on behalf of the Commonwealth as royalties under a law of the Territory, being royalties in respect of mining, or the taking of timber, on land that is a reserve within the meaning of a law of the Territory providing for the care and assistance of persons.

“(4.) There shall be paid out of the Fund such amounts as the Minister directs to be paid or applied to or for the benefit of Aborigines.”.

 

Overview

The Northern Territory (Administration) Act 1965 was enacted by the Commonwealth of Australia to amend the existing Northern Territory (Administration) Act 1910–1962. This legislation was introduced to address issues and gaps in the administration of the Northern Territory, providing updates and clarifications to better govern the region. The Act was assented to on 22 November 1965 and was enacted by the Queen, in right of the Commonwealth of Australia, by and with the advice and consent of the Parliament. The principal objective of this Act is to refine the administrative structure of the Northern Territory, ensuring more efficient and effective governance through amendments to the existing Act. Key changes include the modification of definitions, the adjustment of membership requirements and resignation processes for the Legislative Council, and the establishment of the Aborigines Benefits Trust Fund, which aims to manage royalties from mining and timber activities on Aboriginal reserves for the benefit of Aboriginal people.

Scope and Application

The Northern Territory (Administration) Act 1965 is a legislative amendment to the Northern Territory (Administration) Act 1910–1962, and its scope applies to the governance and administrative framework of the Northern Territory, including the Legislative Council and its members. The Act modifies definitions, procedures, and provisions concerning the operation of the Legislative Council, including the appointment, resignation, and removal of the President of the Legislative Council, as well as the quorum and voting requirements. It also addresses the administration of the Aborigines Benefits Trust Fund, adjusting its funding source and the disbursement of its resources. The Act applies to the Northern Territory and its entities, including officials and members of the Legislative Council, and amends specific provisions of the Principal Act, such as those related to the Legislative Council's procedures and the Aborigines Benefits Trust Fund. The Act does not explicitly state any exclusions, exemptions, or thresholds, and its provisions are meant to be read in conjunction with the Principal Act and any subordinate instruments that may further define its application.

Key Provisions

The Northern Territory (Administration) Act 1965 introduces amendments to the Northern Territory (Administration) Act 1910–1962, referred to as the Principal Act, by inserting new definitions and modifying existing provisions. The Act, which received Royal Assent on 22 November 1965, outlines specific sections that will come into operation immediately upon assent, while others will be activated by a future proclamation. The Act defines "Aborigines" as aboriginal natives of Australia, and clarifies that references to the President's powers include those exercised under any law in force in the Territory. The resignation process for members of the Legislative Council is revised, requiring resignations to be submitted to the President or the Administrator if the President is unavailable, and subsequently forwarded to the Minister for the Governor-General’s approval. The Act also modifies the quorum and sessions of the Legislative Council, reducing the quorum and session duration, and introduces procedures for the election and removal of the President, as well as the appointment of an Acting President. The Act imposes specific obligations on the members of the Legislative Council and the Administrator concerning the resignation process and the appointment of the President and Acting President. Members of the Legislative Council must deliver their resignations to the President or Administrator and follow the established protocol for forwarding to the Minister. The Legislative Council is responsible for electing a President from among its members and may appoint an Acting President during the absence or incapacity of the President. In certain circumstances, the Administrator can also appoint an Acting President if the Legislative Council fails to act. These provisions ensure a structured process for managing the leadership and membership of the Legislative Council, maintaining its operational continuity. Breaches of the provisions outlined in the Act may lead to civil or administrative consequences, although specific offences and penalties are not detailed within the text provided. The Act primarily focuses on procedural and structural changes, and it is likely that any violations would be subject to existing legislative frameworks governing administrative and procedural compliance in the Northern Territory. However, the Act does not explicitly state penalties for non-compliance, implying that any breaches would be addressed under relevant administrative laws or regulations in force at the time.

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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.