Northern Territory (Administration) Act 1969

Legislation au C1969A00088 Not in force Act

Legislation content

Northern Territory (Administration)

No. 88 of 1969

An Act to amend the Northern (Administration) Act 1910–1968 in connexion with the Aborigines Benefits Trust Fund.

[Assented to 27 September 1969]

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 1969.


(2.) The Northern Territory (Administration) Act 1910–1968, as amended by this Act, may be cited as the Northern Territory (Administration) Act 1910–1969.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Aborigines Benefits Trust Fund.

3. Section 21 of the Northern Territory (Administration) Act 1910–1968 is amended by omitting sub-sections (3.), (4.), (5.) and (6.) and inserting in their stead the following sub-sections:—

“(3.) Subject to the next two succeeding sub-sections, there shall be paid into the Fund any amounts from time to time received by or on behalf of the Commonwealth—

(a) as royalties under a law of the Territory, being royalties in respect of mining, or the taking of timber, on land to which this section applies;

(b) as rent payable under a lease of land to which this section applies, other than a lease granted under a law of the Territory relating to mining; or

(c) as revenue of any other kind that the Minister determines, from time to time, by instrument in writing, to be revenue to which this paragraph applies, being revenue derived from land to which this section applies; and

(d) as interest on, or repayment of, any loan referred to in sub-section (7.) of this section.

“(4.) Where—

(a) moneys have been expended by or on behalf of the Commonwealth in connexion with the establishment and development of planted forests, or the development of native forests, on land to which this section applies; and

(b) the Minister considers that some or all of that expenditure should be offset against royalties in respect of the taking of timber from the forests so developed,

the Minister may, for that purpose, direct, by instrument in writing, that a portion of each amount of those royalties received by or on behalf of the Commonwealth while the direction is in force, being a portion fixed by, or in accordance with, the direction, shall be paid into the Consolidated Revenue Fund.

“(5.) Where—

(a) moneys have been expended by or on behalf of the Commonwealth in connexion with the subdivision of land to which this section applies (including the provision of roads, water, sewerage and other services); and


(b) the Minister considers that some or all of that expenditure should be offset against rents payable under leases of land to which this section applies,

the Minister may, for that purpose, direct, by instrument in writing, that a portion of each amount of those rents received by or on behalf of the Commonwealth while the direction is in force, being a portion fixed by, or in accordance with, the direction, shall be paid into the Consolidated Revenue Fund.

“(6.) Moneys standing to the credit of the Fund may be expended—

(a) for any purpose that the Minister considers to be for the benefit of—

(i) Aborigines in general;

(ii) a particular class of Aborigines; or

(iii) a particular Aboriginal; and

(b) to meet the expenses of administering the Fund,

but shall not be expended except in accordance with a direction in writing under the hand of the Minister.

“(7.) Without affecting the generality of the last preceding sub-section, a payment out of the Fund may be by way of a loan (whether secured or unsecured) by the Commonwealth on such conditions as the Minister thinks fit.

“(8.) Interest received from the investment of moneys standing to the credit of the Fund forms part of the Fund.

“(9.) This section applies to the following land:—

(a) land that is a reserve by virtue of having been proclaimed or declared under a law of the Territory—

(i) to be reserved for the use and benefit of the aboriginal inhabitants of the Territory;

(ii) to be reserved for the use and benefit of the aboriginal native inhabitants of the Territory;

(iii) to be a reserve for Aboriginals; or

(iv) to be reserved for the use and benefit of wards; and

(b) land that is not such a reserve but that, at any tune after the second day of September, One thousand nine hundred and fifty-three, was such a reserve.”.

Overview

The Northern Territory (Administration) Act 1969, enacted by the Commonwealth of Australia, was introduced to amend the Northern Territory (Administration) Act 1910–1968 with specific focus on the Aborigines Benefits Trust Fund. This Act, assented to on 27 September 1969, aims to ensure that funds derived from land reserved for Aboriginals, whether through royalties, rents, or other revenues, are managed effectively for the benefit of the Aboriginal community. By amending the original Act, this legislation seeks to provide a more structured and controlled mechanism for the administration and expenditure of these funds, ensuring they are utilised for the intended beneficiaries. The policy objective is to improve the management and allocation of resources to benefit Aboriginal people, thereby addressing a gap in the original legislative framework that may have lacked specificity and oversight in fund utilisation.

Scope and Application

The Northern Territory (Administration) Act 1969 is a Commonwealth legislation that amends the Northern Territory (Administration) Act 1910–1968, specifically concerning the Aborigines Benefits Trust Fund. This Act applies to the Northern Territory and pertains to the management and distribution of funds received from land that has been reserved for the use and benefit of Aboriginals, including former reserves. The Act mandates that royalties from mining and timber, rents from non-mining leases, and other specified revenues derived from such land be deposited into the Aborigines Benefits Trust Fund. It also provides the Minister with the authority to offset certain expenditures against these royalties or rents and direct that a portion of these funds be paid into the Consolidated Revenue Fund. The Act outlines the conditions under which the Fund’s moneys can be expended, including for the benefit of Aborigines in general, specific classes of Aborigines, or particular Aboriginals, as well as for administrative expenses. The Act’s application can be further defined or extended through subordinate instruments issued by the Minister.

Key Provisions

The Northern Territory (Administration) Act 1969 (C1969A00088) amends the Northern Territory (Administration) Act 1910–1968 to revise the Aborigines Benefits Trust Fund (Section 3). The key changes include the types of revenue to be deposited into the Fund and the conditions under which these funds can be expended or directed to other purposes. Section 3(3) specifies that the Fund will receive royalties from mining and timber on land reserved for Aboriginals, rents from leases excluding mining leases, other revenues determined by the Minister, and interest or repayments on loans. Section 3(4) and 3(5) allow the Minister to direct that a portion of royalties or rents be paid into the Consolidated Revenue Fund if certain expenditures are made by the Commonwealth regarding the development of forests or land subdivision. The Act imposes specific obligations on the Minister regarding the management and distribution of funds in the Aborigines Benefits Trust Fund. The Minister must ensure that funds are used for the benefit of Aborigines as per Section 3(6)(a) and must administer the Fund according to their written directions. Furthermore, Section 3(7) allows the Minister to make loans from the Fund, subject to the conditions they deem appropriate. Section 3(8) ensures that interest from the Fund's investments remains part of the Fund, and Section 3(9) delineates the types of land to which the Act applies. For breaches of the Act's provisions, penalties are not explicitly stated within the provided text. However, non-compliance with the Minister’s directions regarding the Fund could potentially lead to legal challenges or administrative actions. The absence of explicit penalties in the text might imply that enforcement and consequences are managed through administrative or judicial review rather than through statutory penalties.

Legal classification tags

Area of Law
Indigenous Peoples & Native Title Law
Instrument
Act
Concepts
Commencement Provisions
Reporting & Disclosure Obligations
Licensing & Registration

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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.