Seat of Government (Administration) Act 1933

Legislation au C1933A00004 Not in force Act

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SEAT OF GOVERNMENT (ADMINISTRATION).

 

No. 4 of 1933.

An Act to validate the issue of certain Crown grants, the extension of the term and the determination of the rent of certain leases, the determination of the capital value of certain lands and the sale and disposal of certain Crown lands in the Territory for the Seat of Government, to amend section six of the Seat of Government Acceptance Act 1909-1929 and to amend section nine of the Seat of Government (Administration) Act 1910-1931.

[Assented to 30th May, 1933.]

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 1933.


(2.) The Seat of Government Acceptance Act 1909-1929, as amended by this Act, may be cited as the Seat of Government Acceptance Act 1909-1933.

(3.) The Seat of Government (Administration) Act 1910-1931, as amended by this Act, may be cited as the Seat of Government (Administration) Act 1910-1933.

Definition.

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

“the proclaimed day” means the proclaimed day referred to in section five of the Seat of Government Acceptance Act 1909;

State” means the State of New South Wales;

“the Territory” means the Territory for the Seat of Government.

Continuance of laws.

3. Section six of the Seat of Government Acceptance Act 1909-1929 is amended by adding at the end of sub-section (2.) the following proviso:—

“Provided further that, until a date to be fixed by Proclamation, where a Crown grant in fee simple of any land referred to in the next succeeding section is issuable, the grant may be issued by the Governor of the State in the name of the King and under the Seal of the State, and any grant so issued shall vest in the grantee the fee simple in the land subject to the reservations and exceptions contained in the grant, and the land in respect of which the grant is issued shall, until a date to be fixed by Proclamation, be deemed to be under the provisions of the Real Property Act 1900 of the State in its application to the Territory.”.

Validation of Crown grants.

4. Where, prior to the commencement of this Act, any Crown grant in fee simple of any land referred to in section seven of the Seat of Government Acceptance Act 1909 was issuable, and the Governor of the State purported to issue the Crown grant in the name of the King and under the Seal of the State, that grant shall be deemed to be and at all times to have been as valid and effectual for all purposes as if this Act had been in force at the time the grant was issued, and any land in respect of which any such grant has been issued shall, until a date to be fixed by Proclamation, be deemed to be, and shall at all times be deemed to have been, under the provisions of the Real Property Act 1900 of the State in its application to the Territory.

Validation of extension of conditional leases.

5. Where, prior to the commencement of this Act, any Authority of the State has purported, under or by virtue of the provisions of the Crown Lands Consolidation Act 1913, of the State, as amended by the Crown Lands and Closer Settlement (Amending) Act 1924, to extend the term of any conditional lease which, pursuant to section seven of


the Seat of Government Acceptance Act 1909 or of that Act as subsequently amended, has continued to be held from the Commonwealth on the same terms and conditions as it was held from the State, and any Authority of the State has purported to determine the annual rent for the period or any part of the period of extension of the term, that extension and that determination shall be as valid and effectual, and the lease shall continue in as full force and effect, as if the law under or by virtue of which the Authorities of the State purported to make the extension and the determination respectively, had been a law in force in the Territory immediately before the proclaimed day.

Validation of determination of value of land held under conditional purchase.

6. Where, prior to the commencement of this Act, any Authority of the State has purported, under or by virtue of the provisions of the Crown Lands Consolidation Act, 1913, of the State, as amended by subsequent Acts, to determine the capital value of any land in the Territory which, pursuant to section seven of the Seat of Government Acceptance Act 1909, or of that Act as subsequently amended, held continued to be held from the Commonwealth under conditional purchase or conditional lease, as the case may be, on the same terms and conditions as it was held from the State, that determination shall be as valid and shall have, and be deemed at all times to have had, as full force and effect, as if the law, under or by virtue of which the Authority of the State purported to make the determination, had been a law in force in the Territory immediately before the proclaimed day.

Disposal of Crown lands.

7. Section nine of the Seat of Government (Administration) Act 1910-1931 is amended—

(a) by inserting, after the word “into”, the words “, or the right to enter into which existed,”; and

(b) by adding at the end thereof the words “, or except for the purpose of giving effect to some right which existed before the commencement of this Act under or by virtue of any law of the State of New South Wales which has continued in force in the Territory by virtue of section six of the Seat of Government Acceptance Act 1909, or of that Act as subsequently amended”.

Validation of sale of Crown lands.

8. Where, prior to the commencement of this Act, the Governor of the State or any Authority of the State has purported to sell or dispose of any Crown lands in the Territory for any estate of freehold in pursuance of some contract the right to enter into which existed before the commencement of the Seat of Government (Administration) Act 1910, or for the purpose of giving effect to some right which existed before the commencement of that Act under or by virtue of any law of the State which has continued in force in the Territory by virtue of section six of the Seat of Government Acceptance Act 1909, or of that Act as subsequently amended, that sale or disposal shall be as valid and effectual for all purposes as if this Act had been in force at the time the sale or disposal was made.

Overview

The Seat of Government (Administration) Act 1933 was enacted to address issues arising from the administration of land in the Territory designated as the Seat of Government. This Act aimed to validate certain Crown grants, lease extensions, rent determinations, capital value assessments, and sales of Crown lands made prior to its enactment. The legislation was introduced to ensure the continuity and legality of land transactions and administrative actions that occurred before the Seat of Government (Administration) Act 1910-1931 came into effect. The Act was enacted by the Commonwealth Parliament and seeks to rectify any legal ambiguities that might have arisen due to the previous legislative framework. The policy objective of the Seat of Government (Administration) Act 1933 is to provide legal certainty and continuity to land transactions and administrative actions that took place before the Seat of Government (Administration) Act 1910-1931. By validating these actions, the Act ensures that the land administration in the Territory for the Seat of Government is orderly and legally sound. The Act addresses the gap in the previous legislative framework, ensuring that actions taken by the Governor of the State or other authorities in New South Wales, which continued to apply in the Territory, are legally recognised and enforceable.

Scope and Application

The Seat of Government (Administration) Act 1933 applies to the Territory for the Seat of Government, specifically referring to the lands in the State of New South Wales designated for the federal capital. This Act aims to validate certain Crown grants, extensions of lease terms, determinations of land value, and sales of Crown lands that were issued or made prior to the Act's commencement, ensuring that these actions are legally binding and effective. The Act also amends existing legislation to allow for the continued application of New South Wales laws to the Territory for certain administrative purposes until a specified date. Notably, the Act does not create new rights or obligations beyond those that were in effect under the previous laws of New South Wales as they applied to the Territory. The application of this Act is territorially confined to the Seat of Government in New South Wales, and its provisions are intended to provide clarity and legal certainty to transactions and actions that occurred before its enactment.

Key Provisions

The Seat of Government (Administration) Act 1933 (SEAT OF GOVERNMENT (ADMINISTRATION). No. 4 of 1933) contains several key provisions that address the validation of Crown grants, leases, and the sale of Crown lands in the Territory for the Seat of Government. Section 4 validates Crown grants that were issued prior to the commencement of this Act, ensuring that they are as valid as if the Act had been in force at the time of issuance. Section 5 validates the extension of conditional leases and the determination of annual rent, ensuring these actions remain in full force and effect. Section 6 validates the determination of the capital value of land held under conditional purchase or lease, ensuring these determinations are as valid as if the relevant law had been in force in the Territory. Section 7 amends Section 9 of the Seat of Government (Administration) Act 1910-1931, allowing for the disposal of Crown lands under specific conditions, including rights existing before the commencement of the Act. Section 8 validates the sale or disposal of Crown lands in the Territory for any estate of freehold if the right to enter into the contract existed before the commencement of the Seat of Government (Administration) Act 1910, or for the purpose of giving effect to some right that existed before the commencement of that Act. The Act imposes several obligations on the parties and entities it governs. For example, Section 3 provides that until a date to be fixed by Proclamation, any Crown grant in fee simple of any land may be issued by the Governor of the State in the name of the King and under the Seal of the State, subject to certain reservations and exceptions. Additionally, Section 4 requires that any land in respect of which a Crown grant has been issued is deemed to be under the provisions of the Real Property Act 1900 of the State in its application to the Territory until a date to be fixed by Proclamation. The Act also ensures that any extensions of conditional leases, determinations of annual rent, and determinations of the capital value of land held under conditional purchase or lease are valid and effectual as if the relevant laws had been in force in the Territory. The Act does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of its provisions. However, the validation of certain actions implies that the legal status of these actions is secured, which could protect against any future legal challenges regarding their validity. If any issues were to arise, they would likely be addressed under the general legal principles of validation and statutory interpretation, rather than through specific penalties outlined in the Act itself.

Legal classification tags

Area of Law
Property Law
Instrument
Act
Concepts
Definitions & Interpretation
Validation of Crown grants
Validation of extension of conditional leases
Validation of determination of value of land held under conditional purchase
Validation of sale of Crown lands

Interactions

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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.