EXPLANATORY MEMORANDUM
Minute No 24 of 2001 Minister for Regional Services, Territories and
Local Government
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Subject -
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Seat of Government (Administration) Act 1910
Reserved Laws (Administration) Amendment Ordinance 2001 (No. 1)
Paragraph 12{1)(k) and subsection 12(1C) of the Seat of Government (Administration) Act 1910 (the Act) provide for the Governor-General to make Ordinances for the peace, order and good government of the Territory with respect to the subject matter of laws specified in Schedule 5 to the Australian Capital Territory (Self-Government) Act 1988.
The proposed Ordinance is to be made in conjunction with the proposed Unlawful Assemblies Repeal Ordinance 2001, which will repeal the Unlawful Assemblies Ordinance 1937.
The purpose of the proposed Ordinance is to remove the reference to the Unlawful Assemblies Ordinance 1937from Schedule 2 of the Reserved Laws (Administration) Ordinance 1989 (the Principal Ordinance).
Details of the proposed Ordinance are attached.
The proposed Ordinance would commence on gazettal.
The Minute recommends that the Ordinance be made in the proposed form.
Authority: Paragraph 12(1)(k) and subsection 12(1C) of the
Seat of Government (Administration) Act 1910.
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ATTACHMENT
Section 1 provides that the name of the Ordinance is the Reserved Laws (Administration) Amendment Ordinance 2001 (No 1 ).
Section 2 provides that the Ordinance commences on gazettal.
Section 3 provides that Schedule 1 amends the Reserved Laws (Administration) Ordinance 1989.
Schedule 1 - Amendment
Clause [1] amends Part 1 of Schedule 2 by omitting "Unlawful Assemblies Ordinance 1937'.
Overview
The Seat of Government (Administration) Act 1910, enacted by the Commonwealth Parliament, serves as a foundational piece of legislation governing the administration of the Australian Capital Territory (ACT). This Act, alongside others, provides the framework for the legislative powers of the Governor-General over the Territory, particularly in relation to the peace, order, and good government of the region. A specific amendment proposed under this Act is the Reserved Laws (Administration) Amendment Ordinance 2001 (No. 1), which aims to streamline and modernise the legislative framework by removing outdated references to the Unlawful Assemblies Ordinance 1937. This amendment is intended to facilitate the repeal of the older Ordinance and to align the Territory's administrative laws with contemporary needs and practices. The policy objective underpinning this change is to ensure that the legislative instruments remain relevant and effective in governing public order and safety within the ACT.
Scope and Application
The Seat of Government (Administration) Act 1910 applies to the governance of the Australian Capital Territory, allowing the Governor-General to make Ordinances for the administration of the Territory. This Act enables the creation of laws concerning the peace, order, and good governance of the Territory, specifically with respect to matters outlined in Schedule 5 of the Australian Capital Territory (Self-Government) Act 1988. The geographic reach of this Act is confined to the Australian Capital Territory, providing a legislative framework for the governance and regulation of activities within this jurisdiction. The Act facilitates the establishment of Ordinances that can address a wide array of issues pertinent to the administration and regulation of the Territory. However, the scope of application is limited by the specific subject matters delineated in the referenced Schedule of the Australian Capital Territory (Self-Government) Act 1988. Additionally, the Act may extend its application through subordinate instruments, such as the Reserved Laws (Administration) Amendment Ordinance 2001 (No 1), which amends the Reserved Laws (Administration) Ordinance 1989 by removing references to the repealed Unlawful Assemblies Ordinance 1937.
Key Provisions
The Seat of Government (Administration) Act 1910 (referred to as the Act) allows the Governor-General to enact Ordinances for the administration of the Australian Capital Territory, ensuring peace, order, and good governance (section 12(1)(k)). This specific Ordinance, the Reserved Laws (Administration) Amendment Ordinance 2001 (No. 1), is designed to make amendments to the Reserved Laws (Administration) Ordinance 1989 (the Principal Ordinance) by removing the reference to the Unlawful Assemblies Ordinance 1937 from Schedule 2 (section 3). This amendment is intended to align with the proposed Unlawful Assemblies Repeal Ordinance 2001, which seeks to repeal the outdated Unlawful Assemblies Ordinance 1937.
Entities and individuals governed by this Ordinance are required to comply with the changes outlined in the amendment. Specifically, they must adhere to the updated references and provisions as specified in Schedule 1 of the Ordinance, which removes the outdated reference to the Unlawful Assemblies Ordinance 1937 from Schedule 2 of the Principal Ordinance. This ensures that the legal framework is current and relevant, reflecting the repeal of the older Ordinance.
The Act does not explicitly detail offences or penalties for breaches of this specific Ordinance. However, general provisions within the Seat of Government (Administration) Act 1910 may apply to any non-compliance with the Ordinances. In such cases, penalties could include fines or imprisonment, as dictated by the severity of the breach and other relevant laws. The precise penalties would be determined based on the specific nature of the breach and the provisions of the Act or any related legislation. It is essential for entities and individuals to remain aware of their obligations under this and other relevant Ordinances to avoid any potential legal repercussions.