SEAT OF GOVERNMENT (ADMINISTRATION).
No. 86 of 1939.
An Act to amend the Seat of Government (Administration) Act 1910–1933, and for other purposes.
[Assented to 15th December, 1939.]
[Date of commencement. 12th January, 1940.]
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 1939.
(2.) The Seat of Government (Administration) Act 1910–1933 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 1910–1939.
Definition.
2. In this Act, unless the contrary intention appears—
“the Territory” means the Australian Capital Territory 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.
3. After section nine of the Principal Act the following section is inserted:—
Power to dispose of Commonwealth lands.
“9a. Notwithstanding anything contained in any other Act, but subject to this Act, all lands in the Territory acquired by or vested in the Commonwealth may be disposed of, and instruments, receipts and other documents in relation to those lands may be executed, in accordance with any Ordinance or other law for the time being in force in relation to such disposal or execution.”.
Ordinances.
4. Section twelve of the Principal Act is amended by omitting paragraph (b) of sub-section (2.) and inserting in its stead the following paragraph:—
“(b) take effect—
(i) from the date of notification;
(ii) where another date (whether before or after the date of notification) is specified in the Ordinance, from the date specified; or
(iii) where the Ordinance so provides, from such date as is fixed by the Minister by notice in the Gazette; and”.
Validation leases, &c.
5. Where, prior to the commencement of this Act, any Minister, the Federal Capital Commission constituted under the Seat of Government (Administration) Act 1924–1929, or the Commissioner for Housing appointed under any Ordinance in force in the Territory relating to housing, purported, in pursuance of any provision of any Ordinance or other law for the time being in force in relation to land in the Territory, to lease any such land or to execute any instrument, receipt or other document in relation to such land, the lease shall be deemed to have been duly granted, and every such instrument, receipt or other document shall be deemed to have been duly executed, if granted or executed in accordance with such Ordinance or other law, and 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 date of the grant or of the execution.
Validation of commencement dates of Ordinances.
6. Where in any Ordinance made under the Seat of Government (Administration) Act 1910, or under that Act as subsequently amended, it is provided that the Ordinance shall commence on a date to be fixed by notice in the Gazette, that Ordinance shall be deemed to have taken effect from the date so fixed.
Overview
The Seat of Government (Administration) Act 1939 was enacted by the Commonwealth Parliament to amend the Seat of Government (Administration) Act 1910–1933. The 1939 Act introduced provisions to provide greater flexibility and authority in the administration and disposal of Commonwealth lands within the Australian Capital Territory, including the Jervis Bay Territory. By enabling the disposal of lands and the execution of related documents in accordance with applicable ordinances, the Act aimed to streamline the administrative processes governing these territories, ensuring that they align with the legislative framework in force at the time. The policy objective is to provide a legal framework that allows for efficient management and use of these territories while ensuring that prior administrative actions are validated and remain effective.
The 1939 Act also addresses the validation of leases and other instruments executed before its enactment, ensuring continuity and legal certainty in the administration of these territories. Furthermore, it provides for the validation of commencement dates for ordinances, ensuring that the legal framework governing these territories remains consistent and effective. This legislative amendment was crucial in adapting the administration of the Australian Capital Territory to meet the evolving needs of the nation’s capital.
Scope and Application
The Seat of Government (Administration) Act 1939 applies to all lands within the Australian Capital Territory, including those accepted by the Commonwealth under the Jervis Bay Territory Acceptance Act 1915. The Act governs the disposal of Commonwealth lands in the Territory and provides a framework for the execution of instruments, receipts, and other documents related to these lands. It applies to any Minister, the Federal Capital Commission, and the Commissioner for Housing when they purport to lease land or execute related documents in accordance with existing ordinances or laws. The Act validates leases and documents executed before its commencement if they comply with applicable ordinances or laws at the time of execution. Additionally, the Act amends the Principal Act to modify the commencement dates of ordinances, ensuring they take effect from the date specified by the Minister in the Gazette, if such a provision is included in the ordinance. The Act's provisions extend to the entire Commonwealth and are not limited by state or territory boundaries.
Key Provisions
The Seat of Government (Administration) Act 1939 introduces several key amendments to the Seat of Government (Administration) Act 1910–1933. Section 3 adds a new section 9a, which provides the authority for the disposal of all lands in the Territory acquired by or vested in the Commonwealth, in accordance with any Ordinance or other law in force at the time. This section ensures that any land disposal is governed by existing laws, providing a clear framework for such transactions.
Section 4 modifies the commencement dates of Ordinances, as outlined in section twelve of the Principal Act. The amendments specify that an Ordinance will take effect either from the date of notification, a specified date within the Ordinance, or a date fixed by the Minister through a notice in the Gazette. This provides flexibility in the implementation of Ordinances, allowing for either immediate effect or a future date as determined by the relevant authority.
The Act also includes provisions for the validation of past actions related to land in the Territory. Section 5 validates leases and other instruments executed by Ministers, the Federal Capital Commission, or the Commissioner for Housing before the Act came into force. If these actions were in accordance with applicable Ordinances or laws, they are deemed valid and effective as if the Act had been in force at the time of execution. This ensures that prior administrative actions are not rendered null and void by the new legislation.
Section 6 further validates the commencement dates of Ordinances made under the Principal Act or its subsequent amendments. Any Ordinance that specifies its commencement date to be fixed by notice in the Gazette is deemed to have taken effect from the date so fixed, thereby clarifying the legal status of such Ordinances.
Regarding obligations and consequences, the Act imposes clear procedural requirements for the disposal of Commonwealth lands in the Territory and the implementation of Ordinances. These obligations ensure that all actions are taken in accordance with existing laws and that prior administrative actions are validated. Failure to comply with the specified procedures could render actions invalid, though the Act itself does not explicitly state penalties for non-compliance. However, breaches of related laws or Ordinances may incur penalties as prescribed under those specific provisions.