Northern Territory (Administration) Act (No. 2) 1956

Legislation au C1956A00110 Not in force Act

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NORTHERN TERRITORY (ADMINISTRATION) (No. 2).

 

No. 110 of 1956.

An Act to amend the Northern Territory (Administration) Act 1910–1955, as amended by the Northern Territory (Administration) Act 1956.

[Assented to 15th November, 1956.]

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 (No.2) 1956.

(2.) The Northern Territory (Administration) Act 1910–1955, as amended by the Northern Territory (Administration) Act 1956, is in this Act referred to as the Principal Act.

(3.) Section one of the Northern Territory (Administration) Act 1956 is amended by omitting sub-section (2.).

(4.) The Principal Act, as amended by this Act, may be cited as the Northern Territory (Administration) Act 1910–1956.


Commencement.

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

Application of Commonwealth Electoral Act.

3. Section four e of the Principal Act is amended—

(a) by omitting sub-section (1.) and inserting in its stead the following sub-section:—

“(1.) Subject to this Act, the provisions of the Commonwealth Electoral Act 1918–1953 apply, with such exceptions and subject to such modifications as are prescribed, to and in relation to the election of the elected members of the Council, disputed elections of such members, disputed returns in connexion with elections of such members and questions respecting the qualifications of such members or respecting vacancies in the offices of such members in like manner as if—

(a) each Electoral District into which the Territory is divided were an Electoral Division of a State; and

(b) the election of a member of the Council were the election of a member to represent, in the House of Representatives, an Electoral Division of a State.”; and

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

“(3.) For the purposes of the application of the provisions of Part XVIII. of the Commonwealth Electoral Act 1918–1953 in accordance with this section, the Supreme Court of the Northern Territory shall be deemed to be the Court of Disputed Returns.

“(4.) The regulations may make provisions in substitution for any of the provisions of the Commonwealth Electoral Act 1918–1953 as applied by this section.”.

4. After section four e of the Principal Act the following section is inserted:—

Writs for elections.

“4ea. Writs for the election of elected members of the Council shall be issued by the Administrator.”.

Disqualification for membership of, or voting in, Council.

5. Section four ka of the Principal Act is amended—

(a) by adding at the end of paragraph (b) of sub-section (1.) the word “or”;

(b) by omitting from paragraph (c) of sub-section (1.) the word “or” (last occurring);

(c) by omitting paragraph (d) of sub-section (1.); and

(d) by adding at the end thereof the following sub-sections:—

“(3.) For the purposes of this section, a person employed under the law relating to the Public Service of the Territory or of the Commonwealth as a temporary employee or as


an officer or employee to whom any provisions of that law do not apply shall be deemed to be employed in the Public Service of the Territory or of the Commonwealth, as the case may be.

“(4.) An elected member of the Council who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Commonwealth under which goods or services are to be supplied to the Commonwealth shall not take part in a discussion of a matter, or vote on a question, in the Council where the matter or question relates directly or indirectly to that contract.

“(5.) All questions concerning the application of the last preceding sub-section shall be decided by the Council, and a contravention of that sub-section does not affect the validity of anything done by the Council.”.

6. After section four q of the Principal Act the following section is inserted:—

Validation of acts of Council.

“4qa. Where a person who has (whether before or after the commencement of this section) purported to sit or vote as an elected member of the Council at a meeting of the Council or of a Committee of the Council—

(a) was not a duly elected member, by reason of his not having been qualified for election or of any other defect in his election; or

(b) had vacated his office as a member,

all things done or purporting to have been done by the Council or that Committee shall be deemed to have been as validly done as if that person had, when so sitting or voting, been a duly elected member of the Council, or had not vacated his office, as the case may be.”.

 

Overview

The Northern Territory (Administration) Act (No.2) 1956 was enacted to amend the Northern Territory (Administration) Act 1910–1955, addressing various administrative issues within the Northern Territory. This Act was introduced by the Commonwealth Parliament to refine the governance structure and electoral processes in the Northern Territory, ensuring that they align with the broader Australian electoral framework and address specific issues arising from the administration of the Territory. One of the key policy objectives of this Act was to improve the electoral process by applying certain provisions of the Commonwealth Electoral Act 1918–1953 to the Northern Territory, thus enhancing the integrity and fairness of elections within the Territory.

Scope and Application

The Northern Territory (Administration) Act (No. 2) 1956 applies to the administration of the Northern Territory, focusing on the legislative framework for the election and disqualification of council members, as well as the validation of acts performed by the Council. It extends to the election of members to the Council of the Northern Territory, the conduct of elections, and the qualifications and disqualifications of council members, applying Commonwealth Electoral Act provisions to the Northern Territory with certain modifications. The Act applies to individuals who are eligible to vote or stand for election in the Northern Territory, as well as to the Council members themselves, ensuring that the electoral process adheres to national standards while accommodating the unique jurisdictional context of the Northern Territory. The Act also extends its application to the Commonwealth Electoral Act 1918-1953, providing a structured approach to how federal electoral laws are adapted to the Northern Territory’s context. Notably, the Act does not explicitly outline geographical limitations beyond the Northern Territory, thus it implicitly applies nationally within the framework of the Northern Territory's administration.

Key Provisions

The Northern Territory (Administration) Act (No.2) 1956 amends the Northern Territory (Administration) Act 1910–1955, introducing several key provisions. Firstly, it modifies the application of the Commonwealth Electoral Act 1918–1953 to the election of members to the Council of the Northern Territory, ensuring that certain electoral processes align with federal standards. This amendment is detailed in section 3, where the Act specifies that the Commonwealth Electoral Act applies to elections in the Northern Territory with prescribed modifications, treating each electoral district in the Territory as if it were a state electoral division and the election of a council member as if it were an election to the House of Representatives. Section 4ea further stipulates that writs for council elections must be issued by the Administrator. Additionally, the Act imposes certain disqualifications for membership and voting in the Council. Section 5 clarifies who is considered to be employed in the public service for the purposes of disqualification, and it explicitly prohibits elected council members from participating in discussions or voting on matters related to contracts in which they have a personal interest. This is detailed in subsections 4 and 5 of section 5, with subsection 4 deeming certain employees as part of the public service and subsection 5 establishing the conflict of interest rule. Subsection 6 of section 5 ensures that decisions about the application of these rules rest with the Council itself, and contraventions do not invalidate Council actions. Furthermore, the Act addresses the validity of council actions despite defects in the election or membership of council members. Section 4qa ensures that acts of the Council or its committees are deemed valid even if the person purporting to be a member was not duly elected or had vacated their position. This provision protects the integrity and continuity of council proceedings by deeming actions valid regardless of certain defects in membership. The Act imposes obligations on the Administrator to issue writs for council elections and on council members to avoid conflicts of interest in their voting and discussions. It also places a responsibility on the Council to decide on the application of its own rules regarding disqualifications. Failure to comply with these provisions can result in invalid council actions, though the Act does not explicitly state penalties for breaches. Instead, it ensures that the Council's decisions on such matters are final and binding.

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Area of Law
Administrative Law
Electoral Law
Instrument
Act
Concepts
Commencement Provisions
Repeal & Amendment
Definitions & Interpretation
Civil Penalty Provisions
Prohibited Conduct
Validation of Acts

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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.