Australian Capital Territory Numbered Ordinances Australian Capital Territory Numbered OrdinancesAUSTRALIAN CAPITAL TERRITORY
Reserved Laws (Administration) Ordinance 1989
No. 42 of 1989
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.
Dated 9 May 1989.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
CLYDE HOLDING
Minister of State for the Arts and Territories
An Ordinance to provide for the administration of the reserved laws of the Territory consequentially upon its establishment as a body politic under the Crown
1. This Ordinance may be cited as the Reserved Laws (Administration) Ordinance 1989.1
2. (1) Section 1, this section and section 3 commence on the day on which this Ordinance is notified in the Gazette.
(2) The remaining provisions commence on the date of commencement of section 22 of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.
3. In this Ordinance, unless the contrary intention appears—
(a) a law specified in Schedule 3 or 5 to the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth;
(b) a provision of a law, being a provision specified in Schedule 3 to that Commonwealth Act;
(c) an Ordinance; or
(d) a regulation, rule or by-law made under—
(i) a law that is a reserved law by virtue of paragraph (a); or
(ii) an Ordinance.
4. (1) The Minister for the time being administering the Seat of Government (Administration) Act 1910 of the Commonwealth shall administer the reserved laws specified in Schedule 1.
(2) The Attorney-General for the Commonwealth shall administer the reserved laws specified in Schedule 2.
(3) The Treasurer for the Commonwealth shall administer the reserved laws specified in Schedule 3.
5. (1) A Minister may, by instrument, delegate to any person all or any of his or her powers under a reserved law.
(2) This section has effect subject to any contrary intention—
(a) in the relevant reserved law; or
(b) in the case of a power under a regulation, rule or by-law—in the law under which that reserved law is made.
6. (1) Where a person ceases to hold the office of Minister, a delegation under a reserved law, being a delegation made or taken to be made by that person in his or her capacity as Minister and in force immediately before the cessation—
(a) shall, on and after that cessation, be taken to be made by the person’s successor in that office and shall then, subject to paragraph (b), otherwise have effect according to its tenor; and
(b) may, by instrument, be varied or revoked by that successor.
(2) Paragraphs 29B (c) and (d), and section 30, of the Interpretation Ordinance 1967 apply in relation to a delegation referred to in subsection (1) as if it had been given by the relevant successor.
7. (1) Where a Minister ceases to be responsible for the administration of a reserved law, a delegation made or taken to be made by that Minister under that reserved law and in force immediately before the cessation—
(a) shall, on and after that cessation, be taken to be made by the Minister who assumes that responsibility (in this section called the “successor”) and shall then, subject to paragraph (b), otherwise have effect according to its tenor; and
(b) may, by instrument, be varied or revoked by the successor.
(2) Paragraphs 29B (c) and (d), and section 30, of the Interpretation Ordinance 1967 apply in relation to a delegation referred to in subsection (1) as if it had been given by the successor.
SCHEDULES
SCHEDULE 1 Subsection 4 (1)
RESERVED LAWS ADMINISTERED BY THE MINISTER ADMINISTERING THE SEAT OF GOVERNMENT (ADMINISTRATION) ACT 1910 OF THE COMMONWEALTH
Canberra Institute of the Arts Ordinance 1988
National Lands Ordinance 1989
National Memorials Ordinance 1928
Reserved Laws (Administration) Ordinance 1989
Reserved Laws (Interpretation) Ordinance 1989
SCHEDULE 2 Subsection 4 (2)
RESERVED LAWS ADMINISTERED BY THE ATTORNEY-GENERAL
PART 1
ORDINANCES
Administration and Probate Ordinance 1929, sections 71, 73 and 74
Children’s Services Ordinance 1986, Parts III and X
Classification of Publications Ordinance 1983
Companies Auditors and Liquidators Disciplinary Board Ordinance 1982
Coroners Ordinance 1956
Corporate Affairs Commission Ordinance 1980
Courts (Hire-purchase Agreements) Ordinance 1963
Criminal Injuries Compensation Ordinance 1983
Crimes Ordinances and Crimes Amendment Ordinances (various)
Enforcement of Public Interests Ordinance 1973
Evidence Ordinance 1971
Foreign Judgements (Reciprocal Enforcement) Ordinance 1954
Imperial Acts (Substituted Provisions) Ordinance 1986, Schedule 2, Parts 16, 17 and 20
Judgement Creditors Remedies Ordinance 1933
Judiciary (Stay of Proceedings) Ordinance 1933
Juries Ordinance 1967
Legal Practitioners Ordinance 1970
Limitation Ordinance 1985
Magistrates Court Ordinance 1930
Magistrates Court (Civil Jurisdiction) Ordinance 1982
Notaries Public Ordinance 1984
Ordinances Revision (Companies Amendments) Ordinance 1982
Police Ordinance 1927
Police Pensions Ordinance 1984
Sheriff Ordinance 1934
Small Claims Ordinance 1974
Supreme Court Ordinance 1952
Unlawful Assemblies Ordinance 1937
PART 2
IMPERIAL ACTS IN FORCE IN THE TERRITORY
Australia Courts Act (1828) 9 Geo. 4 c. 83
British Law Ascertainment Act (1859) 22 and 23 Vic. c. 63
Courts (Colonial) Jurisdiction Act (1874) 37 and 38 Vic. c. 27
Demise of the Crown (1760) 1 Geo. 3 c. 23
Evidence by Commission Act (1859) 22 Vic. c. 20
Evidence by Commission Act (1885) 48 and 49 Vic. c. 74
Foreign Tribunals Evidence Act (1856) 19 and 20 Vic. c. 113
Merchant Shipping Act (1894) 57 and 58 Vic. c. 60
Naval Prize Act (1864) 27 and 28 Vic. c. 25
Naval Prize (Procedure) Act (1916) 6 and 7 Geo. 5 c. 2
Offences at sea (1536) 28 Hen. 8 c. 15
Piracy (1698) 11 Will. 3 c. 7
Piracy (1717) 4 Geo. 1 c. 11
Piracy (1721) 8 Geo. 1 c. 24
Piracy (1744) 18 Geo. 2 c. 30
Prize Act (1939) 2 and 3 Geo. 6 c. 65
Prize Courts Act (1894) 57 and 58 Vic. c. 39
Prize Courts Act (1915) 5 and 6 Geo. 5 c. 57
Prize Courts (Procedure) Act (1914) 4 and 5 Geo. 5 c. 13
Set-off of debts (1729) 2 Geo. 2 c. 22
Set-off of debts (1735) 8 Geo. 2 c. 24
Slavery Abolition Act (1833) 3 and 4 Will. 4 c. 73
Slave Trade Act (1824) 5 Geo. 4 c. 113
Slave Trade Act (1843) 6 and 7 Vic. c. 98
Slave Trade Act (1873) 36 and 37 Vic. c. 88
Territorial Waters Jurisdiction (1878) 41 and 42 Vic. c. 73
PART 3
ACTS OF THE PARLIAMENT OF NEW SOUTH WALES IN FORCE IN THE TERRITORY
Arrest on Mesne Process Act 1902
Crimes Act 1900
Judgement Creditors’ Remedies Act 1901
Lunacy Act 1898, sections 65, 66 and 67
Piracy Punishment Act 1902
SCHEDULE 3 Subsection 4 (3)
RESERVED LAWS ADMINISTERED BY THE TREASURER
PART 1
ORDINANCES
The Commercial Banking Company of Sydney Limited (Merger) Ordinance 1982
The Commercial Bank of Australia Limited (Merger) Ordinance 1982
Imperial Acts (Substituted Provisions) Ordinance 1986, Schedule 2, Part 21
PART 2
ACTS OF THE PARLIAMENT OF NEW SOUTH WALES IN FORCE IN THE TERRITORY
Life, Fire and Marine Insurance Act 1902
NOTES
1. Notified in the Commonwealth of Australia Gazette on 10 May 1989.