Northern Territory Representation Act 1959

Overview

The Northern Territory Representation Act 1959 was enacted to amend the Northern Territory Representation Act 1922–1949, specifically addressing the voting rights of the member representing the Northern Territory. This legislation was passed to rectify limitations on the voting rights of the member for the Northern Territory in the House of Representatives, allowing them broader participation in legislative processes that pertain solely to the Northern Territory. Enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, the Act came into effect on the day it received Royal Assent. Its policy objective was to ensure that the member for the Northern Territory could adequately participate in discussions and decisions on matters specifically affecting the Northern Territory, thereby enhancing the representation and governance of the territory within the federal parliamentary framework.

Scope and Application

The Northern Territory Representation Act 1959 amends the existing Northern Territory Representation Act 1922–1949 to refine the voting rights of the member representing the Northern Territory in the House of Representatives. This Act applies specifically to the member for the Northern Territory, granting them the ability to vote on any question arising in the House of Representatives or in the House sitting as a Committee of the Whole, provided the question pertains solely to the Northern Territory. Additionally, the member is allowed to vote on any motion for the disallowance of a regulation made under an Ordinance of the Northern Territory and on any amendment of such a motion. The determination of whether a proposed law relates solely to the Northern Territory is made either by a ruling of the Speaker of the House of Representatives or, in the case of proceedings in the House sitting as a Committee of the Whole, by a ruling of the Chairman of Committees, subject to objection by the House or the House sitting as a Committee of the Whole, as appropriate. This Act applies to the Commonwealth jurisdiction and comes into operation on the day it receives Royal Assent.

Key Provisions

The Northern Territory Representation Act 1959 (referred to as C1959A00027) primarily amends Section 5 of the Northern Territory Representation Act 1922–1949 (referred to as the "1922 Act"). Section 3 of the 1959 Act revises the voting rights of the member representing the Northern Territory in the House of Representatives, allowing them to vote on matters that are determined to relate solely to the Northern Territory, as well as on motions for the disallowance of regulations made under an Ordinance of the Northern Territory and amendments to such motions. This determination of whether a law relates solely to the Northern Territory can be made by the Speaker of the House of Representatives or the Chairman of Committees of the House of Representatives, or, if there is an objection, by the House of Representatives itself. The obligations imposed by the Act on the parties it governs include a requirement for the Speaker or the Chairman of Committees to make rulings on whether proposed laws relate solely to the Northern Territory, and for the House of Representatives to decide if they agree with these rulings when an objection is raised. The member for the Northern Territory must abide by these rulings and vote accordingly on matters that are deemed to relate solely to the Northern Territory. Moreover, the Speaker or the Chairman of Committees must ensure that the process for determining the relevance of a proposed law to the Northern Territory is followed properly. In terms of consequences for breach, the Act does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with its provisions. However, any failure to adhere to the established procedures for determining the relevance of proposed laws to the Northern Territory could potentially result in legal challenges or disputes within the House of Representatives. These could be addressed through internal parliamentary mechanisms or, if necessary, through the courts. The Act itself does not specify maximum penalties for such breaches, leaving the resolution of any resultant disputes to be determined by the legal system.