Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 58 of 1978
Compilation No. 14
Compilation date: 13 December 2022
Includes amendments up to: Act No. 95, 2022
Registered: 3 January 2023
About this compilation
This compilation
This is a compilation of the Northern Territory (Self-Government) Act 1978 that shows the text of the law as amended and in force on 13 December 2022 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I--Preliminary
1 Short title
2 Commencement
3 Repeals
4 Interpretation
Part II--Northern Territory of Australia
5 Establishment of body politic
Part III--Legislative Assembly
Division 1--Powers of Legislative Assembly
6 Legislative power
7 Assent to proposed laws
8 Signification of pleasure on proposed law reserved
10 Reason for withholding assent etc. to be tabled in Legislative Assembly
11 Proposal of money votes
12 Powers, privileges and immunities of Legislative Assembly
Division 2--Constitution and membership of Legislative Assembly
13 Legislative Assembly
14 Qualifications of electors
15 Writs for elections
16 Term of office of member
17 Dates of elections
18 Resignation of members of Legislative Assembly
19 Filling of casual vacancy
20 Qualifications for election
21 Disqualifications for membership of Legislative Assembly
Division 3--Procedure of Legislative Assembly
22 Sessions of Legislative Assembly
23 Quorum
24 Election of Speaker
25 Acting Speaker--appointment by Legislative Assembly
26 Acting Speaker--appointment by Administrator
27 Voting in Legislative Assembly
28 Validation of acts of Legislative Assembly
29 Minutes of proceedings
30 Standing rules and orders
Part IV--The Administration
31 Extent of executive power
32 Office of Administrator
33 The Executive Council
34 Ministerial offices
35 Transfer of functions to Executive
36 Appointment of Ministers
37 Tenure of office
38 Oath to be taken by Member of Council and Minister
40 Acting Administrator
41 Deputies of Administrator
42 Oath to be taken by Administrator etc.
Part V--Finance
43 Interpretation
44 Public moneys
45 Withdrawals of public moneys
46 Borrowing from Commonwealth
48 Commonwealth Auditor-General may audit Territory accounts
Part VI--Miscellaneous
49 Trade and commerce with States to be free
50 Acquisition of property to be on just terms
51 Acts that bind States to bind Northern Territory
53 Application of Fair Work Act 2009
54 Power to confer jurisdiction on Remuneration Tribunal in relation to members etc.
55 Regulations
Part VII--Transitional provisions
56 Interpretation
57 Continuance of laws
58 Administrator etc. to continue in office
59 Legislative Assembly etc. to continue
60 Functions performed by Legislative Assembly and Executive Council
61 Functions performed by specified persons
63 Sessions of Legislative Assembly
64 Quorum
65 Remuneration and allowances
66 Ordinances made but not assented to before commencing date
67 References in other laws
68 Certain provisions of previous Act to continue to operate
69 Transfers of property etc.
70 Acquisition of certain land etc.
71 Contracts
72 Commonwealth to indemnify Territory
73 Validity of Ordinances
74 Agency arrangements
75 Regulations
Schedule 1--Acts repealed
Schedule 2 39
Schedule 3 40
Schedule 4 41
Schedule 5 42
Schedule 6 43
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Endnote 5--Miscellaneous
WHEREAS the Northern Territory Acceptance Act 1910 provided for the ratifying of an Agreement between the Commonwealth and the State of South Australia for the surrender to and acceptance by the Commonwealth of the Northern Territory and provided for the acceptance by the Commonwealth of the Northern Territory:
AND WHEREAS by the Constitution it is provided that the Parliament may make laws for the government of any Territory surrendered by any State to and accepted by the Commonwealth:
AND WHEREAS the Parliament has made provision for the government of the Northern Territory by the Northern Territory (Administration) Act 1910 and for a Supreme Court of the Northern Territory of Australia by the Northern Territory Supreme Court Act 1961:
AND WHEREAS the Parliament considers it desirable, by reason of the political and economic development of the Northern Territory, to confer self-government on the Territory, and for that purpose to provide, among other things, for the establishment of separate political, representative and administrative institutions in the Territory and to give the Territory control over its own Treasury:
BE IT THEREFORE ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Northern Territory (Self-Government) Act 1978 | 58, 1978 | 22 June 1978 |
| |
Northern Territory (Self-Government) Amendment Act 1982 | 130, 1982 | 14 Dec 1982 | -- | |
Australian Government Solicitor (Consequential Amendments) Act 1984 | 10, 1984 | 10 Apr 1984 | ||
Cocos (Keeling) Islands Self-Determination (Consequential Amendments) Act 1984 | 46, 1984 | 25 June 1984 | -- | |
Christmas Island Administration (Miscellaneous Amendments) Act 1984 | 120, 1984 | 18 Oct 1984 | -- | |
65, 1985 | 5 June 1985 | -- | ||
76, 1986 | 24 June 1986 | s 9 | ||
87, 1988 | 8 Nov 1988 | ss. 1 and 2: Royal Assent | -- | |
Lands Acquisition (Repeal and Consequential Provisions) Act 1989 | 21, 1989 | 20 Apr 1989 | 9 June 1989 (see s. 2 and Gazette 1989, No. S185) | -- |
Arts, Sport, Environment, Tourism and Territories Legislation Amendment Act 1991 | 33, 1991 | 21 Mar 1991 | ||
43, 1996 | 25 Oct 1996 | Sch 4 (items 1, 113): 25 Oct 1996 (s 2(1) | -- | |
Workplace Relations and Other Legislation Amendment Act 1996 | 60, 1996 | 25 Nov 1996 | Sch 19 (item 34): 25 Nov 1996 (s 2(1)) | -- |
as amended by |
|
|
|
|
Workplace Relations and Other Legislation Amendment Act (No. 2) 1996 | 77, 1996 | 19 Dec 1996 | Sch 3 (items 1, 2): 25 Nov 1996 (s 2(4)) | -- |
17, 1997 | 27 Mar 1997 | 27 Mar 1997 | Sch. 1 (item 2) | |
7, 1999 | 31 March 1999 | Sch 3 (items 28, 29): 1 Sept 1999 (see Gazette 1999, No. S395) | -- | |
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000 | 137, 2000 | 24 Nov 2000 | Sch 2 (items 298, 418, 419): 24 May 2001 (s 2(3)) | Sch 2 (items 418, 419) |
73, 2008 | 3 July 2008 | Sch 4 (items 406-408): 4 July 2008 | -- | |
Fair Work (State Referral and Consequential and Other Amendments) Act 2009 | 54, 2009 | 25 June 2009 | Sch 5 (items 43-47): 1 July 2009 (s 2(1) item 13) | -- |
5, 2011 | 22 Mar 2011 | Sch 5 (items 170, 171) and Sch 7 (item 105): 19 Apr 2011 | -- | |
Territories Self-Government Legislation Amendment (Disallowance and Amendment of Laws) Act 2011 | 166, 2011 | 4 Dec 2011 | ||
174, 2012 | 4 Dec 2012 | Sch 9 (items 1288, 1289): 1 Jan 2013 | -- | |
Statute Law Revision Act (No. 1) 2014 | 31, 2014 | 27 May 2014 | Sch 5 (item 4): 24 June 2014 | -- |
62, 2014 | 30 June 2014 | Sch 10 (item 316) and Sch 14: 1 July 2014 (s 2(1) items 6, 14) | Sch 14 | |
as amended by |
|
|
|
|
Public Governance and Resources Legislation Amendment Act (No. 1) 2015 | 36, 2015 | 13 Apr 2015 | Sch 2 (items 7-9) and Sch 7: 14 Apr 2015 (s 2) | Sch 7 |
as amended by |
|
|
|
|
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2) | -- |
95, 2022 | 13 Dec 2022 | Sch 1 (items 2, 3): 13 Dec 2022 (s 2(1) item 1) | Sch 1 (item 3) |
Number and year | FRLI registration | Commencement | Application, saving and transitional provisions |
2006 No. 50 | 17 Mar 2006 | Sch 52: 27 Mar 2006 (see r. 2(b)) | -- |
Provision affected | How affected |
Part I |
|
s 4..................... | am No 5, 2011; No 62, 2014 |
Part III |
|
Division 1 |
|
s 7..................... | am No 130, 1982; No 73, 2008 |
s 8..................... | am No 130, 1982; No 73, 2008 |
s 9..................... | am No 73, 2008 |
| rep No 166, 2011 |
s 10.................... | am No 166, 2011 |
s 11.................... | am No 130, 1982 |
Division 2 |
|
s 13.................... | am No 73, 2008 |
s 14.................... | am No 46, 1984; No 120, 1984 |
s 16.................... | am No 73, 2008 |
s 18.................... | am No 73, 2008 |
s 19.................... | am No 130, 1982 |
s 20.................... | am No 65, 1985; No 73, 2008 |
s 21.................... | am No 130, 1982; No 65, 1985; No 73, 2008 |
Division 3 |
|
s 22.................... | am No 73, 2008 |
s 24.................... | am No 73, 2008 |
s 25.................... | am No 73, 2008 |
s 26.................... | am No 73, 2008 |
s 28.................... | am No 73, 2008 |
s 29.................... | am No 73, 2008 |
Part IV |
|
s 32.................... | am No 73, 2008 |
s 33.................... | am No 73, 2008 |
s 37.................... | am No 73, 2008 |
s 38.................... | am No 73, 2008 |
s 39.................... | rep No 65, 1985 |
s 40.................... | am No 130, 1982; No 73, 2008 |
s 41.................... | am No 73, 2008 |
s 42.................... | am No 73, 2008 |
Part V |
|
s 46.................... | rs No 76, 1986 |
| am No 5, 2011 |
s 47.................... | am No 130, 1982 |
| rs No 76, 1986 |
| rep No 33, 1991 |
s 47A................... | ad No 76, 1986 |
| rep No 33, 1991 |
s 47B................... | ad No 76, 1986 |
| rep No 33, 1991 |
s 47C................... | ad No 76, 1986 |
| rep No 33, 1991 |
Part VI |
|
s 50A................... | ad No 17, 1997 |
| rep No 95, 2022 |
s 52.................... | rep No 137, 2000 |
s 53.................... | rs No 87, 1988 |
| am No 60, 1996; SLI No 50, 2006; No 54, 2009; No 174, 2012 |
s 54.................... | am No 43, 1996 |
Part VII |
|
s 57.................... | am No 73, 2008 |
s 58.................... | am No 73, 2008 |
s 62.................... | rep No 130, 1982 |
s 65.................... | am No 73, 2008 |
s 70.................... | am No 130, 1982; No 10, 1984; No 21, 1989; No 7, 1999; No 5, 2011 |
s 71.................... | am No 130, 1982 |
Schedule 3 |
|
am No 31, 2014 |
Preamble--The Northern Territory Supreme Court Act 1961 was repealed by the Northern Territory Supreme Court (Repeal) Act 1979 (No. 85, 1979).