Northern Territory (Administration) Act 1974

Legislation au C2004A00089 Not in force Act

Select Document

NORTHERN TERRITORY (ADMINISTRATION)

ACT 1974

No. 30 of 1974

An Act to amend the Northern Territory (Administration) Act 1910-1973, and for other purposes.

BE IT ENACTED by the Queen, the Senate and the House of Representatives of Australia, as follows:—

Short title and citation

1. (1) This Act may be cited as the Northern Territory (Administration)Act 1974.

2. The Northern Territory (Administration) Act 1910-1973 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 1910-1974.

Commencement

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

Interpretation.

3. Section 3 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “Acting Administrator” and substituting the following definition:—

“ ‘Acting Administrator’ means a person appointed under section 3b to act in the office of Administrator; and

(b) by omitting from sub-section (1) the definitions of “the Legislative Council” and “the President” and substituting the following definitions:—

“‘the Legislative Assembly’ means the Legislative Assembly for the Territory;

“‘the Speaker’ means the Speaker of the Legislative Assembly;”.

Acting Administrator.

4. Section 3b of the Principal Act is amended by omitting sub- sections (3) and (4) and substituting the following sub-section:—

“(3) A person acting as Administrator in pursuance of sub-section (2) shall cease so to act when a person appointed in pursuance of sub-section (1) notifies him that the person so appointed is ready to assume duty as Acting Administrator.”.

5. Section 4 of the Principal Act is repealed and the following section substituted:—

Legislative Assembly.

“4. (1) There shall be a Legislative Assembly for the Territory.

“(2) The Legislative Assembly shall consist of 19 members.

“(3) The members of the Legislative Assembly shall be elected as provided by this Act.

“(4) A member of the Legislative Assembly shall, before taking his seat, make and subscribe an oath or affirmation in writing in the form in the Schedule to the Constitution and also an oath or affirmation of office in the form in the Second Schedule.

“(5) An oath or affirmation under sub-section (4) shall be made before the Administrator or a person authorized by the Administrator to administer such oaths or affirmations.

Seniority of official members of the Legislative Council.

6. Section 4a of the Principal Act is repealed.

Resignation of members of Legislative Assembly.

7. Section 4h of the Principal Act is amended—

(a) by omitting sub-sections (2) and (3); and

(b) by omitting from sub-section (4) the words but the resignation of an official member is not effective until the resignation has been accepted by the Governor-General”.

Sessions of Legislative Assembly.

8. Section 4m of the Principal Act is amended by omitting from sub-section (2) the word “eight” and substituting the figures “10”.

Quorum.

9. Section 4n of the Principal Act is amended by omitting the word “eight” and substituting the figures “10”.

10. Section 4p of the Principal Act is repealed and the following section substituted:—

Election of Speaker.

“4p. (1) The Legislative Assembly shall, before proceeding to the dispatch of any other business, choose a member of the Legislative Assembly to be the Speaker of the Legislative Assembly and, as often as the office of Speaker becomes vacant, the Legislative Assembly shall again choose a member to be the Speaker.

“(2) The Speaker ceases to hold his office if he ceases to be a member of the Legislative Assembly.

“(3) The Speaker may be removed from office by the Legislative Assembly or he may resign his office by writing under his hand delivered to the Administrator.”

Validation of acts of Legislative Assembly.

11. Section 4qa of the Principal Act is amended by omitting from paragraph (a) the words “, in the case of an elected member,”.

The Administrator’s Council.

12. Section 4za of the Principal Act is amended—

(a). by omitting sub-section (2) and substituting the following sub-section:—

“(2) The Administrator’s Council shall consist of—

(a) the Administrator; and

(b) 5 persons who are members of the Legislative Assembly.”; and

(b) by omitting sub-section (6).

13. After section 19 of the Principal Act the following section is inserted:—

Interpretation.

“19a In—

(a) any law of Australia or of the Northern territory; or

(b) any instrument having effect under such a law,

a reference to the Legislative Council or to the President shall, where the context so admits, be read as including a reference to the Legislative Assembly or to the Speaker, as the case may be.”.

Amendments.

14. The Principal Act is amended as set out in the Schedule.

First election of Legislative Assembly.

15. The first general election of members of the Legislative Assembly shall be held before 24 October 1974.

Saving.

16. In this section, the “relevant day” means the day immediately preceding the day of the first general election of members of the Legislative Assembly.

(2) Notwithstanding the amendments of the Principal Act made by this Act, until and including the relevant day—

(a) the Legislative Council established by section 4 of the Principal Act continues in existence and has and may exercise all the powers conferred on it by the Principal Act;

(b) the Administrator’s Council shall continue to be constituted in accordance with section 4za of the Principal Act;

(c) the Principal Act continues to apply to and in relation to the Legislative Council, the President and the Administrator’s Council;

(d) subject to the Principal Act, the members of the Legislative Council continue to hold office;

(e) subject to the Principal Act, the President of the Legislative Council continues to hold office; and

(f) subject to the Principal Act, the members of the Administrator’s Council continue to hold office.

(3) The amendments of the Principal Act made by this Act do not affect the continuance in force of Ordinances in force immediately before the commencement of this Act.

(4) Notwithstanding the amendments of the Principal Act made by this Act, an Ordinance passed before the relevant day may come or be brought into force or operation in accordance with that Ordinance.

(5) Notwithstanding the amendments of the Principal Act made by this Act, sections 4y and 4z of the Principal Act continue to apply after the relevant day to and in relation to Ordinances made by the Legislative Council.

(6) In relation to an Ordinance made by the Legislative Council on or before the relevant day, being an Ordinance that has not been assented to on or before that day—

(a) the provisions of sections 4v, 4w and 4x of the Principal Act continue to apply, and the Ordinance may be assented to, or be otherwise dealt with, in accordance with those provisions; and

(b) for that purpose, those provisions have effect, in relation to anything to be done, after the relevant day, by or in relation to the Legislative Council under those provisions, as if the Legislative Assembly were the Legislative Council.

(7) Ordinances in force immediately before the relevant day and Ordinances made by the Legislative Council and coming into force after that day may be amended or repealed by Ordinances made by the Legislative Assembly.

__________

SCHEDULE

AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting the words “Legislative Council (wherever occurring) and substituting the words “Legislative Assembly”:—

Sections 4c(1), 4ca(2), 4d, 4e, 4ea, 4f, 4g, 4h(1) and (4), 4j, 4k, 4ka, 4l, 4m, 4n, 4pa(1) and (3), 4pb(1) and (3), 4q, 4qa, 4r(1), 4s, 4sa, 4t, 4u, 4v(1), (2), (4) and (5), 4x(3), 4za(4) and (7), 4za.

2. The Principal Act is further amended as set out in the following table:—

Provision	Amendment
Section 3(3)..........	Omit “President” (wherever occurring), substitute “Speaker”.
Heading to Part Ill......	Omit “LEGISLATIVE COUNCIL”, substitute “LEGISLATIVE ASSEMBLY”
Section 4c( l)..........	Omit “elected members”, substitute “members”.
Section 4ca(2).........	Omit “elected members”, substitute “members”.

Provision	Amendment
Section 4cc(2)(a).......	Omit “Chief Electoral Officer for the Commonwealth”, substitute “Chief Australian Electoral Officer”.
Section 4e............	Omit “elected members”, substitute “members”.
Section 4f............	Omit “an elected member”, substitute “a member”.
Section 4h............	Omit “President” (wherever occurring), substitute “Speaker”. Omit “an elected member”, substitute “a member”.
Section 4h(4)..........
Section 4j............	Omit “an elected member” (wherever occurring), substitute “a member”.
Section 4ka(1)(c).......	, Omit “of the Commonwealth” (last occurring).
Section 4ka(2), (3) and (5).	Omit “An elected member” (wherever occurring), substitute “A member".
Section 4l............	Omit “elected members”, substitute “members”.
Section 4pa...........	Omit “President” (wherever occurring), substitute “Speaker”. Omit “an elected member”, substitute “a member”.
Section 4pa(1) and (3)....
Section 4pb ..........	Omit “President” (wherever occurring), substitute “Speaker”.
Section 4pb(3)(d).......	Omit “an elected member”, substituted member”.
Section 4q(2)..........	Omit “President”, substitute “Speaker”.
Section 4za(7).........	Omit “an elected member”, substitute “a member”.
Section 4zd...........	Omit “elected members”, substitute “members”.
Second Schedule.......	Omit “Legislative Council” (wherever occurring), substitute “Legislative Assembly”.

Overview

The Northern Territory (Administration) Act 1974 was enacted to amend the Northern Territory (Administration) Act 1910-1973 and to provide for other purposes. The Act was introduced to address the need for modernising and restructuring the administration of the Northern Territory, particularly in relation to the legislative framework governing the region. The enacting body was the Parliament of Australia. One of the policy objectives of this Act was to transition from a system governed by an appointed Legislative Council to an elected Legislative Assembly, thus ensuring a more democratic representation of the Territory’s population. This Act effected significant changes by replacing references to the Legislative Council and its President with the Legislative Assembly and its Speaker. It also introduced provisions for the election of a Speaker and modified the composition and functioning of the Administrator’s Council. Furthermore, the Act ensured a smooth transition by allowing existing Ordinances to remain in force until the first general election of the Legislative Assembly. The changes aimed to enhance the governance structure and democratic processes within the Northern Territory, aligning it more closely with the federal legislative framework.

Scope and Application

The Northern Territory (Administration) Act 1974 amends the existing Northern Territory (Administration) Act 1910-1973, introducing significant changes to the legislative framework governing the administration of the Northern Territory. This Act applies to the Northern Territory, a jurisdiction under the Commonwealth of Australia, and primarily affects the structure and functions of the Legislative Assembly, the Administrator, and the Administrator's Council. It delineates the roles and responsibilities of these entities, replacing references to the Legislative Council and the President with the Legislative Assembly and the Speaker. The Act provides transitional provisions to ensure continuity in governance until the first general election of the Legislative Assembly, which is mandated to be held before 24 October 1974. While the Act itself makes specific amendments to the Principal Act, its scope can be further extended or modified through subordinate instruments, which are not detailed within the provided text.

Key Provisions

The Northern Territory (Administration) Act 1974, which amends the Northern Territory (Administration) Act 1910-1973, introduces several significant changes to the governance structure of the Northern Territory. The Act replaces the Legislative Council with a Legislative Assembly and modifies the roles and functions of key officials within the Territory's administration. For instance, the definition of "Acting Administrator" (Section 3) is updated to reflect the new structure, while the Legislative Assembly (Section 4) is now composed of 19 elected members who must take specific oaths before assuming office (Section 4(4)). The Act also alters the composition and functions of the Administrator’s Council (Section 12), now consisting of the Administrator and five members of the Legislative Assembly. In terms of obligations, members of the Legislative Assembly must adhere to the requirements set forth in the Act, such as taking oaths before assuming office and participating in sessions (Section 4(4)). The Act also outlines the procedures for electing a Speaker (Section 4p) and establishing a quorum for meetings (Section 4n). Furthermore, the Administrator’s Council is tasked with advising the Administrator on various matters (Section 4za(1)). The Act includes provisions for the validation of acts carried out by the Legislative Assembly (Section 4qa) and provides for the continuity of existing laws and ordinances during the transition period (Section 16). However, there are also specific offences and penalties outlined for breaches of the Act. For instance, any person found guilty of disobeying a direction given under the Act could face penalties as prescribed by the relevant laws. While the Act does not specify maximum penalties within its text, it implies that existing laws on such matters would apply. Non-compliance with the oath requirements or other procedural mandates could result in civil or criminal consequences, depending on the nature and severity of the breach.

Area of Law: Constitutional Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Rights & Protections

Interactions

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.

Legislation content

Overview

Scope and Application

Key Provisions

Legal classification tags

Interactions

Authorises

All Versions