Seat of Government (Administration) Act 1963

Overview

The Seat of Government (Administration) Act 1963 was enacted to address issues in the legislative process for disallowing Ordinances within the administration of the seat of government. This Act amends section twelve of the Seat of Government (Administration) Act 1910-1959, specifically modifying the procedure for disallowing Ordinances by either House of the Parliament. The policy objective behind this Act is to streamline and clarify the process by which the Parliament can disallow Ordinances, ensuring that the administrative functions of the seat of government are effectively overseen and regulated. The Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia and commenced on 25th June 1963. The amendments introduced by this Act aim to provide a more efficient mechanism for disallowing Ordinances by setting clear timelines and conditions under which disallowance can occur. It also addresses scenarios where parliamentary procedures such as dissolution, expiry of the House of Representatives, or prorogation might interrupt the disallowance process, ensuring continuity and clarity in the legislative framework governing the seat of government.

Scope and Application

The Seat of Government (Administration) Act 1963 applies to the amendments of section twelve of the Seat of Government (Administration) Act 1910-1959, specifically regarding the disallowance of ordinances by either House of the Parliament. This Act is applicable to any ordinances and regulations laid before the Parliament, which must be considered within a specified timeframe to either be disallowed or deemed to have been disallowed. The Act applies to both federal and territorial jurisdictions within the Commonwealth of Australia. Notably, this Act does not explicitly state exclusions, exemptions, or thresholds, but its application is inherently limited to the disallowance process of ordinances under its purview. The Act extends its application through subordinate instruments, such as regulations made under ordinances, although these are subject to the disallowance process outlined in the Act itself. The geographic reach of this legislation is limited to the administrative and jurisdictional framework of the Commonwealth of Australia and its territories.

Key Provisions

The Seat of Government (Administration) Act 1963 (referred to as the 1963 Act) amends section twelve of the Seat of Government (Administration) Act 1910-1959 (the Principal Act). This amendment specifically revises the procedure for disallowing Ordinances under the Principal Act. Under the new provisions, if either House of Parliament passes a resolution to disallow an Ordinance or part of an Ordinance within fifteen sitting days of it being laid before that House, the Ordinance or part will cease to have effect (section 2(4)). Additionally, if a motion to disallow an Ordinance or part of an Ordinance is not withdrawn or otherwise disposed of within fifteen sitting days from the notice being given, the Ordinance or part is deemed to be disallowed (section 2(5)). The Act also provides that if a House is dissolved or expires, or if the Parliament is prorogued within fifteen sitting days from the notice being given, and the motion has not been withdrawn or otherwise disposed of, the Ordinance will be deemed to have been laid before the House on the first sitting day after the dissolution, expiry, or prorogation (section 2(5a)). The 1963 Act imposes clear obligations on the Houses of Parliament in relation to the disallowance of Ordinances. It mandates that any motion to disallow an Ordinance or part of an Ordinance must be given notice within fifteen sitting days of the Ordinance being laid before the House. If a resolution is passed to disallow the Ordinance or part within this timeframe, it will cease to have effect. Conversely, if the motion is not withdrawn or otherwise disposed of within the specified period, the Ordinance or part will be deemed to be disallowed. This timeline is crucial for ensuring that the disallowance process is timely and does not unduly delay the legislative process. Failure to comply with the provisions of the 1963 Act regarding the disallowance of Ordinances may lead to the Ordinance or part of an Ordinance continuing to have legal effect despite objections. While the Act does not explicitly outline criminal or civil penalties for non-compliance, the failure to adhere to the stipulated procedures could result in the continuation of an Ordinance that was intended to be disallowed, potentially leading to legal challenges or other consequences. The precise consequences would depend on the specific context and the legal challenges mounted against the continued effect of the Ordinance.