SEAT OF GOVERNMENT (ADMINISTRATION).
No. 39 of 1935.
An Act to amend the Seat of Government (Administration) Act 1930–1934.
[Assented to 25th October, 1935.]
BE it enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follow:—
Short title and citation.
1.—(1.) This Act may be cited as the Seal of Government (Administration) Act 1935.
(2.) The Seat of Government (Administration) Act 1930–1934 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 1930–1935.
Commencement.
2. This Act shall be deemed to have commenced on the date of commencement of the Seat of Government (Administration) Act 1930.
Continuance of By-laws under repealed Act
3. Section fourteen of the Principal Act is amended by inserting in sub-section (1.), after the word “amendments”, the words “(if any)”.
Schedule.
4. The Schedule to the Principal Act is repealed and the following Schedule inserted in its stead:—
“THE SCHEDULE.
First Column. | Second Column. |
Accommodation By-laws......... | |
Protection of Lands By-laws....... | Omit from By-law No. 2 the definition of ‘Lands’, insert the definition ‘“Lands” means lands, vested in the Commonwealth;’. |
| By-laws Nos. 3 to 11 (both inclusive) omit ‘Commission’ (wherever occurring), insert ‘Minister’. |
| Omit from By-law No. 3 ‘its’, insert ‘his’. |
| Omit from By-law No. 4 ‘it’, insert ‘he’. |
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’. |
| Omit from By-law No. 3 ‘its’, insert ‘his’. |
Transportation By-laws.......... | Omit ‘Commission’ (wherever occurring) insert ‘Commonwealth’.”. |
Overview
The Seat of Government (Administration) Act 1935 was enacted by the Commonwealth Parliament to amend the Seat of Government (Administration) Act 1930–1934. This legislative amendment aimed to refine the administration of government operations within the designated seat of government. By inserting minor modifications to the definitions and references within the existing by-laws, the Act sought to streamline the administration processes and ensure clarity in the legislative framework governing the management of lands, public bathing, and transportation within the federal territories. The policy objective was to enhance the efficiency and effectiveness of administrative procedures in the seat of government, thereby supporting the broader governance objectives of the Commonwealth.
Scope and Application
The Seat of Government (Administration) Act 1930–1935 applies to the administration and management of the Seat of Government in Australia, specifically focusing on the laws and regulations governing the area's lands and accommodation, protection of lands, public bathing, and transportation. The Act extends its jurisdiction within the boundaries of the Seat of Government, which includes the Australian Capital Territory. The Act updates and modifies the Seat of Government (Administration) Act 1930–1934 by repealing certain provisions and inserting new definitions and amendments. The Act is administered by the Minister, replacing the previous administration by the Commission. The Act is applicable to all persons and entities operating within the Seat of Government and to all conduct and transactions taking place within its jurisdictional reach. The Act does not specify any exclusions, exemptions, or thresholds. The application of the Act may be further extended or restricted through subordinate instruments.
Key Provisions
The main operative sections of the Seat of Government (Administration) Act 1935 are those that amend the Seat of Government (Administration) Act 1930–1934, referred to as the Principal Act. Section 3 of the 1935 Act modifies Section fourteen of the Principal Act by inserting specific amendments to various by-laws, such as the Accommodation By-laws, Protection of Lands By-laws, Public Bathing By-laws, and Transportation By-laws. These amendments involve changing references from the term “Commission” to “Minister” and making minor alterations to definitions and pronouns to reflect changes in governance structure. The changes are detailed in the Schedule, which replaces the original Schedule of the Principal Act.
The obligations and requirements imposed by this Act on the parties or entities it governs include ensuring that by-laws are updated to reflect the change in governance from the Commission to the Minister. This involves amending the definitions and references within the by-laws to maintain legal coherence and accuracy. The Act mandates that these changes be implemented immediately and that any existing by-laws under the Principal Act continue to apply unless otherwise specified. This is crucial for maintaining the administration and regulation of the seat of government in alignment with current governance structures.
The Act does not explicitly state any offences, penalties, or consequences for non-compliance with its provisions. However, given the nature of administrative legislation, failure to comply with the mandated changes could potentially lead to legal challenges or disputes regarding the validity of certain by-laws or administrative actions. While specific penalties are not outlined in the Act, non-compliance could result in legal ramifications that would need to be addressed in a court of law. It is important for entities governed by these by-laws to ensure that they adhere to the updated provisions to avoid any potential legal issues.