{"id":"F2005B01833","name":"Administration Ordinance 1990 (Jervis Bay Territory)","slug":"administration-ordinance-1990-jervis-bay-territory","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32534,"registerId":"commonwealth-F2005B01833-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Administration Ordinance 1990 (Jervis Bay Territory)","content":"![](image.001.png)\n\nJervis Bay territory\n\nAdministration Ordinance 1990\n\nOrdinance No. 1 of 1990 as amended\n\nmade under the\n\nJervis Bay Territory Acceptance Act 1915\n\nThis compilation was prepared on 1 September 2005 \ntaking into account amendments up to Ordinance No. 1 of 2001\n\nPrepared by the Office of Legislative Drafting and Publishing, \nAttorney-General’s Department, Canberra\n\nContents\n\nPage\n\n1 Citation \\[see Note 1\\]\n\n2 Interpretation\n\n3 Power to make regulations\n\n3A Supply of a service\n\n3B Fees\n\n3D Power to determine fees — applied Act\n\n4 Determination of fees\n\n5 Tabling and disallowance of determination\n\n6 Delegation\n\nNotes\n\nAn Ordinance to provide for the Administration of the Jervis Bay Territory\n\n1 Citation \\[see Note 1\\]\n\nThis Ordinance may be cited as the Administration Ordinance 1990.\n\n2 Interpretation\n\nIn this Ordinance, unless the contrary intention appears:\n\n> applied Act means:\n\n(a) an Act, or Ordinance, of the Australian Capital Territory in force in the Territory because of section 4A of the Act; and\n\n(b) a continued State law that is an Act of New South Wales.\n\n> the Act means the Jervis Bay Territory Acceptance Act 1915.\n\n3 Power to make regulations\n\n(1) The Minister may make regulations under an applied Act.\n\n(2) Regulations made because of this section:\n\n(a) must not be inconsistent with the applied Act under which they are made; and\n\n(b) may prescribe matters:\n\n(i) required or permitted to be prescribed; or\n\n(ii) necessary or convenient to be prescribed for carrying out or giving effect to the applied Act; and\n\n(c) if the applied Act specifies other matters in respect of which regulations may be made — may include those other matters; and\n\n(d) if the applied Act permits the making of regulations prescribing penalties not exceeding a specified amount — may prescribe penalties not exceeding that amount.\n\n(3) Nothing in this section affects the application, so far as applicable, in the Territory of Regulations made under an Act, or Ordinance, of the Australian Capital Territory.\n\n3A Supply of a service\n\nThe Minister may make provision for the supply or use of any of the following utilities and services:\n\n(a) water;\n\n(b) electricity;\n\n(c) gas;\n\n(d) drainage and sewerage;\n\n(e) refuse removal.\n\n3B Fees\n\n(1) There is imposed on a person a fee in relation to:\n\n(a) the provision, by the Minister, of a utility to the person; or\n\n(b) the use, by the person, of a service provided by the Minister;\n\nbeing the fee determined by the Minister, from time to time, to be the fee applicable to the utility or service.\n\n(2) A determination is of no effect in relation to any particular fee unless notice of the fee is published in the Gazette.\n\n(2A) A determination must specify the date on which the fee commences to apply, and may specify:\n\n(a) the manner in which the fee is to be paid; and\n\n(b) a date or period before the end of which the fee must be paid.\n\n(3) A determination may, in relation to a utility or service that is supplied in different localities or in different circumstances, fix different fees.\n\n(4) The amount of a fee is a debt due to the Commonwealth.\n\n3D Power to determine fees — applied Act\n\n(1) If an applied Act provides for a person, or the holder of an office, to determine a fee the Minister may determine the fee:\n\n(a) as nearly as is practicable, in accordance with the applied Act; and\n\n(b) as if a reference to that person or holder were a reference to the Minister.\n\n(2) Despite any provision to the contrary in an applied Act to which this section applies, a determination under this section is of no effect unless notice of the fee is published in the Gazette.\n\n4 Determination of fees\n\n(1) If:\n\n(a) an applied Act provides for fees to be determined by the Australian Capital Territory Minister and published in the Australian Capital Territory Gazette; and\n\n(b) that Minister makes a determination under the applied Act as in force in the Australian Capital Territory; and\n\n(c) the determination is published in the Australian Capital Territory Gazette;\n\nthen, for the purpose of the applied Act as in force in the Territory, the determination is taken to have been made by the Minister and published in the Gazette.\n\n(2) Subsection (1) does not affect the power of the Minister to determine fees under an applied Act.\n\n5 Tabling and disallowance of determination\n\nSections 4G, 4H, 4J and 4K of the Jervis Bay Territory Acceptance Act 1915 apply in relation to a determination under this Ordinance as if a reference in those sections to an Ordinance were a reference to such a determination.\n\n6 Delegation\n\nThe Minister may delegate, in writing, to the holder of an office in the Department:\n\n(a) the Minister’s power, under subsection 3B (1), to determine a fee; or\n\n(b) the Minister’s power, under subsection 3D (1), to determine a fee.\n\n> Notes to the Administration Ordinance 1990\n\n> Note 1\n\n> Note: The Administration Ordinance 1990 (in force under the Jervis Bay Territory Acceptance Act 1915) as shown in this compilation comprise Ordinance No. 1 of 1990 amended as indicated in the Tables below.\n\n> Note: Table of Instruments\n\n| Year andnumber | Date of notificationin Gazette | Date ofcommencement | Application, saving ortransitional provisions |\n| -------------- | ------------------------------ | ------------------- | --------------------------------------------- |\n| No. 1, 1990 | 9 Jan 1991 | 9 Jan 1991 | |\n| No. 1, 1996 | 21 Aug 1996 | 21 Aug 1996 | — |\n| No. 1, 2001 | 2 Aug 2001 | 2 Aug 2001 | — |\n\n> Note: Table of Amendments\n\n```html\n

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected

How affected

S. 3A................

ad. No. 1, 1996

S. 3B................

ad. No. 1, 1996

am. No. 1, 2001

S. 3C................

ad. No. 1, 1996

rep. No. 1, 2001

S. 3D................

ad. No. 1, 1996

Heading to s. 5.........

rs. No. 1, 2001

Ss. 5, 6...............

ad. No. 1, 1996

\n```","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"Originally focused on regulation-making power, but later expanded to include service supply and fee determination (sections 3A, 3B, 3D added in 1996), and tabling/disallowance and delegation (sections 5 and 6 added in 1996). The scope increased from administrative rulemaking to include direct provision and pricing of utilities and services."},"complexity_factors":["Short document with only 7 sections","Minimal definitions (only 3 defined terms)","Straightforward powers and procedures","Few cross-references and conditional logic"],"plain_english_summary":"This ordinance gives the Commonwealth Minister responsible for Jervis Bay Territory the power to make regulations and set fees for services in the territory. It allows the Minister to adopt laws from the Australian Capital Territory (ACT) and adapt them for Jervis Bay. The Minister can also determine fees for utilities like water, electricity, gas, drainage, and garbage removal. If the ACT sets a fee for a service that applies in Jervis Bay, the Minister can adopt that fee. The ordinance includes a process for publishing fee notices and allows the Minister to delegate these powers to departmental officials. This matters for anyone living or operating a business in Jervis Bay Territory, as it determines what rules apply and what they pay for services."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1990 ordinance was a bare framework for making regulations under applied laws. The 1996 amendments significantly expanded scope by adding sections 3A-3D and 5-6, introducing direct ministerial power over utilities, fee-setting, and parliamentary disallowance. The 2001 amendment refined these fee mechanisms. What began as a simple regulation-making authority grew into a comprehensive administrative and revenue-raising statute for the territory."},"complexity_factors":["Short statute — only 6 operative sections plus interpretation","Minimal defined terms — only 2 key definitions ('applied Act' and 'the Act')","Simple conditional logic — primarily 'if-then' structures in sections 3D and 4","Single cross-reference mechanism — relies heavily on the Jervis Bay Territory Acceptance Act 1915 for disallowance procedures","No nested exceptions or complex temporal provisions","Straightforward delegation powers limited to specific fee-setting functions"],"plain_english_summary":"This law sets up the basic rules for running the Jervis Bay Territory — a small patch of land on the NSW south coast that belongs to the Commonwealth, not any state.\n\n**What it does:**\n- **Lets the Minister make regulations** for laws that apply in Jervis Bay from the ACT or NSW (called \"applied Acts\"). This fills a gap because Jervis Bay doesn't have its own parliament.\n- **Puts the Minister in charge of utilities** like water, electricity, gas, sewerage and rubbish collection.\n- **Lets the Minister set fees** for these services, with rules about publishing them in the Gazette (the official government notices) and when they start.\n- **Mirrors ACT fee decisions** — if the ACT Minister sets a fee for a law that also applies in Jervis Bay, that fee automatically applies in Jervis Bay too.\n- **Allows delegation** — the Minister can hand over the power to set fees to senior public servants.\n- **Provides oversight** — fee determinations can be disallowed by Parliament (using the same rules that apply to ordinances).\n\n**Who it affects:**\n- Anyone living in or using services in Jervis Bay Territory (about 400 people, plus the naval base at HMAS Creswell).\n- Commonwealth ministers and officials administering the territory.\n\n**Why it matters:**\nWithout this law, Jervis Bay would have no practical way to make local regulations or charge for basic services. It's the legal backbone that lets the territory function day-to-day, even though it has no local government of its own."}},"importantCases":[],"_links":{"self":"/api/acts/administration-ordinance-1990-jervis-bay-territory","history":"/api/acts/administration-ordinance-1990-jervis-bay-territory/history","analysis":"/api/acts/administration-ordinance-1990-jervis-bay-territory/analysis","conflicts":"/api/acts/administration-ordinance-1990-jervis-bay-territory/conflicts","importantCases":"/api/acts/administration-ordinance-1990-jervis-bay-territory/important-cases","documents":"/api/acts/administration-ordinance-1990-jervis-bay-territory/documents"}}