Seat of Government (Administration) Act 1930

Legislation au C1930A00002 Not in force Act

Select Document

SEAT OF GOVERNMENT (ADMINISTRATION).

No. 2 of 1930.

An Act to amend the Seat of Government (Administration) Act 1910, and for other purposes.

[Assented to 29th March, 1930.]

BE it enacted by the King’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 Seat of Government (Administration) Act 1930.

(2.) The Seat of Government (Administration) Act 1910 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Seat of Government (Administration) Act 1910-1930.

Commencement.

2. This Act shall commence on a date to be fixed by Proclamation.

Definitions.

3. In this Act, unless the contrary intention appears—

“the Commission” means the Federal Capital Commission appointed under the Seat of Government (Administration) Act 1924-1929;

“the Territory” means the Territory accepted by the Commonwealth in pursuance of the Seat of Government Acceptance Act 1909, and described in the Second Schedule to that Act, and includes the Territory accepted by the Commonwealth in pursuance of the Jervis Bay Territory Acceptance Act 1915, and described in the agreement contained in the Schedule to that Act.

Repeal.

4. The Seat of Government (Administration) Act 1924-1929 is repealed.

5. After section twelve of the Principal Act the following sections are inserted:—

Modification or variation of plan of city and environs.

“12a.—(1.) The Minister may at any time, by writing under his hand, modify or vary the plan of lay-out of the city of Canberra and its environs, published in the Gazette of the nineteenth day of November, One thousand nine hundred and twenty-five, as modified or varied prior to the date of the commencement of this section, but no such

modification or variation shall be made until after the expiration of thirty days after notice of intention, published in the Gazette, so to modify or vary the plan has been given.

“(2.) A copy of the instrument by which any modification or variation of the plan has been made shall be laid before both Houses of the Parliament within fifteen days of the making thereof if the Parliament is then sitting, or, if not, then within fifteen days of the next meeting of the Parliament.

“(3.) If either House of the Parliament passes a resolution, of which notice has been given at any time within fifteen sitting days after the instrument has been laid before it, disallowing the modification or variation made by the instrument, the modification or variation shall cease to have effect.

“(4.) The Minister shall not depart from, or do anything inconsistent with, the plan of the city published in the Gazette, with such modifications or variations as have been made prior to the date of the commencement of this section or as are made in pursuance of this section.

Supply of water or electricity to persons outside the Territory.

“2b. The Minister may, on such terms and conditions as are agreed upon, supply water or electricity from the Territory to any person outside the Territory.

Delegation by Minister.

“12c.—(1.) The Minister may by writing under his hand, delegate to any person all or any of his powers or functions under any Ordinance made under this Act.

“(2.) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister.

Regulations.

“12d. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act”.

Validation of Regulations made by authority of Ordinances.

6.—(1.) All regulations made or purporting to have been made by the authority of any Ordinance under the Principal Act and in force fit the date of the commencement of this Act shall be deemed to be as valid and effectual for all purposes, and to be of the same force and effect, as if they were, at the time of their making, incorporated in the Ordinances under which they were made or purport to have been made.

(2.) Nothing in this section shall apply to the Roads and Footpaths Regulations published in the Gazette of the tenth day of November, One thousand nine hundred and twenty-seven.

Vesting of land and other property.

7.—(1.) Any land vested in the Commission immediately prior to the commencement of this Act is hereby vested in the Commonwealth for the same estate as that for which it was held by the Commission.

(2.) All moneys and other assets the property of the Commission immediately prior to the commencement of this Act are hereby vested in the Commonwealth.

Continuance of contracts &c.

8. Any contract, lease or agreement to which the Commission is a party, which is in force or continuing immediately prior to the commencement of this Act, shall continue in force as if this Act had not been passed:

Provided that the Commonwealth shall be substituted as a party to any such contract, lease or agreement in lieu of the Commission.

Loans.

9.—(1.) The Commonwealth hereby assumes any liability of the Commission existing or accruing at the commencement of this Act in respect of any moneys borrowed by the Commission under the Seat of Government (Administration) Act 1924-1929 and not redeemed prior to the commencement of this Act.

(2.) Any sums advanced by the Treasurer to the Commission in pursuance of sub-section (4.) of section twenty of the Seat of Government (Administration) Act 1924-1929 shall be repayable to the Commonwealth Public Account from moneys appropriated as a loan to the Federal Capital Commission.

(3.) Any moneys appropriated by the Loan Act (No. 2) 1928 or the Loan Act 1929 for the purposes of loans to the Federal Capital Commission may be expended in the construction and supply of all buildings, works, and services required or undertaken by the Commonwealth in the Territory.

(4.) There shall be payable by the Treasurer to the National Debt Sinking Fund established under the National Debt Sinking Fund Act 1923-1929, the payments which but for this Act would have been payable by the Federal Capital Commission in pursuance of subsection (1e.) of section twenty of the Seat of Government (Administration) Act 1924-1929.

Statement of receipts and expenditure.

10. The Minister shall as soon as possible after the close of each financial year cause to be prepared and laid before each House of the Parliament a statement of moneys received and expended during that year by the Commonwealth in the administration and development of the Territory.

Appropriation.

11. The Consolidated Revenue Fund is to the necessary extent hereby appropriated for the purposes of any interest or sinking fund payments to which the Commonwealth is liable in pursuance of the provisions of this Act.

Saving.

12. The repeal of the Seat of Government (Administration) Act 1924-1929 shall not affect any agreement, licence or permit made, granted or preserved thereunder and existing at the commencement of this Act, or any right, title, interest, power, duty, obligation or

liability created by, acquired under, or at any time existing under, or by virtue or in respect of, any such agreement, licence or permit, and all such agreements, licences and permits shall continue to be of the same force and effect as if this Act had not been passed.

References in other Acts to Federal Capital Commission.

13. Any reference in any Act, other than the Seat of Government (Administration) Act 1924-1929, to the Federal Capital Commission, shall be read as a reference to the Commonwealth or to such other authority (if any) as the Governor-General directs.

Continuance of By-laws under repealed Act.

14.—(1.) Notwithstanding the repeal of the Seat of Government (Administration) Act 1924-1929, the By-laws specified in the first column of the Schedule to this Act shall continue in force as regulations under the Principal Act subject to the amendments respectively specified in the second column of that Schedule.

(2.) Any By-laws so continued in force may be repealed or amended by regulations made under the Principal Act.

THE SCHEDULE.

—

First Column.	Second Column.
Transportation By-laws	..Omit “Commission” (wherever occurring), insert “Commonwealth”.
Protection of Lands By-laws	..Omit from By-law No. 2 the definition of “Lands”, insert the following definition “‘Lands’ means lands vested in the Commonwealth”.
Accommodation By-laws	..By-laws Nos. 3 to 11 (both inclusive) omit “Commission” (wherever occurring), insert “Minister”.
Public Bathing By-laws	..Omit from By-law No. 2 the definition of “the Commission”. By-laws Nos. 3 to 12 (both inclusive) omit “Commission” (wherever occurring), insert “Minister”.

Overview

The Seat of Government (Administration) Act 1930 was enacted to address the administrative and legislative needs arising from the transition of governmental responsibilities from the Federal Capital Commission to the Commonwealth. This Act, passed by the Australian Parliament, aimed to streamline the administration of the Federal Capital Territory and its environs by modifying the existing Seat of Government (Administration) Act 1910. Specifically, it introduced provisions to allow for modifications to the city layout, supply of utilities to areas outside the Territory, delegation of ministerial powers, and the continuation of existing agreements and by-laws despite the repeal of previous legislation. The Act also dealt with the vesting of land, assets, and liabilities from the Federal Capital Commission to the Commonwealth, ensuring a smooth transfer of responsibilities and continuity in governance. The primary objective of this Act was to provide a legal framework that facilitated the efficient management and development of the Territory by the Commonwealth, while preserving existing rights, contracts, and regulatory structures established under previous legislation. This was achieved by ensuring that existing by-laws and agreements remained in force unless specifically amended or repealed, and by clearly defining the roles and powers of the relevant authorities within the new legislative context.

Scope and Application

The Seat of Government (Administration) Act 1930 pertains to the administration and management of the Federal Capital Territory, specifically the Territory of Canberra, as outlined in the Seat of Government Acceptance Act 1909 and the Jervis Bay Territory Acceptance Act 1915. This Act applies to the Federal Capital Commission and the Commonwealth, providing mechanisms for the modification of the city plan, the supply of water or electricity outside the Territory, and the delegation of powers by the Minister. The Act also governs the vesting of land and other assets previously held by the Commission into the Commonwealth, the continuation of existing contracts and agreements, and the appropriation of funds for interest and sinking fund payments. Notably, this Act extends its jurisdiction across the Federal Capital Territory, ensuring the seamless transition of administrative responsibilities and the continuity of existing legal frameworks. However, specific by-laws and regulations previously under the Seat of Government (Administration) Act 1924-1929 are subject to amendments as specified in the Schedule to this Act. The Act does not affect existing agreements, licenses, or permits, ensuring that these remain in force unless otherwise amended by regulations under the Principal Act.

Key Provisions

The Seat of Government (Administration) Act 1930 introduces several key provisions that amend and expand on the existing Seat of Government (Administration) Act 1910. Primarily, it grants the Minister the authority to modify or vary the city plan of Canberra and its environs (Section 12a). This modification must be communicated publicly and cannot be enacted without a thirty-day notice period. Furthermore, the Minister can delegate their powers or functions to another individual, provided these delegations are revocable and do not hinder the exercise of any powers or functions by the Minister (Section 12c). The Governor-General is also empowered to make regulations necessary for implementing this Act (Section 12d). The Act imposes specific obligations on the Minister, including the duty to ensure that any modifications or variations to the city plan do not conflict with previously established plans (Section 12a(3)). Additionally, the Minister must prepare and present an annual financial report to Parliament detailing the Commonwealth’s receipts and expenditures related to the administration and development of the Territory (Section 10). The Minister is also tasked with ensuring that all moneys and assets of the former Federal Capital Commission are transferred to the Commonwealth (Section 7). Breaches of this Act may lead to civil or criminal consequences, though the specific penalties are not detailed within the provided text. However, the overarching legislative framework implies that any non-compliance could potentially result in actions such as fines, imprisonment, or other penalties as prescribed by the relevant laws. The Act also validates existing regulations made under the repealed Seat of Government (Administration) Act 1924-1929, ensuring continuity in governance and administrative processes (Section 6).

Area of Law: Administrative Law; Property Law
Instrument: Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Delegation by Minister; Regulations; Vesting of land and other property; Continuance of contracts &c.

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