Seat Of Government (Administration) Amendment Act 1978

Overview

The Seat of Government (Administration) Amendment Act 1978, enacted by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, was introduced to address gaps in the administration of ordinances within the Seat of Government (Administration) Act 1910. This amendment aimed to ensure greater accessibility and transparency in the distribution of ordinances by requiring that copies of these ordinances be made available for purchase at specified places as soon as practicable after the publication of the notice. Additionally, it established a requirement for the Minister of State for Administrative Services to report to Parliament if copies of an ordinance are not available for purchase at the designated places, thereby enhancing accountability and informing the public of any shortcomings in ordinance distribution. This legislative amendment underscores a policy objective of improving the administration and dissemination of legal ordinances to the public.

Scope and Application

The Seat of Government (Administration) Amendment Act 1978 applies to the amendments of section 12 of the Seat of Government (Administration) Act 1910, specifically regarding the procedures for the publication and availability of ordinances. This Act is applicable to the Commonwealth and governs the conduct of the administrative services, particularly in relation to the making and publication of ordinances and the availability of their copies. The amendments ensure that once an ordinance is published, copies of it must be made available for purchase at the specified place or places, and if they are not available at the time of publication, the Minister must report the unavailability to Parliament within 15 sitting days. The Act extends its reach to ensure compliance with the stipulated procedures, but it also provides that non-compliance with the availability requirement does not affect the validity of the ordinance itself. The Act is a federal law, thus its jurisdiction is across the entire Commonwealth of Australia. There are no exclusions or exemptions specified within the text of this particular amendment.

Key Provisions

The Seat of Government (Administration) Amendment Act 1978 (Act) introduces amendments to section 12 of the Seat of Government (Administration) Act 1910, primarily to address the availability and publication of Ordinances. Section 3(a) of the Act modifies sub-section (2a) of the original Act by adding "or places" after "place", thereby expanding the scope of where Ordinances can be published. Additionally, sub-sections (2b), (2c), and (2d) are introduced to provide further clarity and requirements around the publication and availability of these Ordinances. Specifically, sub-section (2b) mandates that copies of an Ordinance must be available for purchase at the location specified in the notice of its publication, either at the time of publication or as soon as practicable thereafter. Sub-section (2c) requires the Minister of State for Administrative Services to present a statement to each House of the Parliament within 15 sitting days if copies of an Ordinance are not available for purchase at the specified location on the date of publication, including reasons for the unavailability. Finally, sub-section (2d) clarifies that failure to comply with the requirements of sub-sections (2b) or (2c) does not constitute a failure to comply with other provisions of the original Act. The Act imposes several obligations on the relevant parties. Firstly, it mandates that the Minister of State for Administrative Services must ensure that copies of any Ordinance are available for purchase at the location specified in the notice of publication. This includes ensuring that these copies are made available either at the time of publication or as soon as practicable thereafter. In cases where copies are not available at the specified location on the publication date, the Minister is required to lay a statement before each House of the Parliament within 15 sitting days, detailing the unavailability and the reasons behind it. These provisions aim to maintain transparency and accessibility regarding the publication and distribution of Ordinances. Failure to comply with the requirements of sub-sections (2b) and (2c) does not, however, constitute a failure to comply with other sections of the original Act. This distinction is made clear in sub-section (2d). While non-compliance with the availability and reporting requirements may not be treated as a breach of the overall legislative intent, it does impose administrative and procedural obligations that must be met to avoid potential scrutiny or explanation before Parliament. These obligations are designed to ensure that the public has access to legal documents and that any issues with availability are promptly addressed and communicated to the legislative body.