{"id":"C2004A03699","name":"Australian Capital Territory (Self-Government) Act 1988","slug":"australian-capital-territory-self-government-act-1988","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"106 of 1988","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":36629,"registerId":"commonwealth-C2004A03699-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Australian Capital Territory (Self‑Government) Act 1988.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Section 1 and this section commence on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Assembly means the Legislative Assembly for the Australian Capital Territory established by section 8.\n\n> Attorney‑General of the Territory means the Minister who has the responsibility for the administration of justice in the Territory.\n\n> casual vacancy means a vacancy in the membership of the Assembly occurring otherwise than because of section 10 or 16.\n\n> Chief Magistrate means the Chief Magistrate appointed under the Magistrates Court Act 1930 of the Territory.\n\n> Chief Minister means the Chief Minister elected under section 40.\n\n> commencing day means the day on which section 22 commences.\n\n> Commissioner means a Commissioner appointed under section 16.\n\n> Commonwealth Gazette means the Commonwealth of Australia Gazette.\n\n> Commonwealth Minister means the Minister of State administering this Act, and has the additional meaning given by section 19 of the Acts Interpretation Act 1901.\n\n> Deputy Chief Minister means the Deputy Chief Minister appointed under section 44.\n\n> Deputy Presiding Officer means the person (if any) elected under subsection 21(2).\n\n> elector of the Territory means a person who is entitled to vote at a general election.\n\n> enactment means:\n\n    (a) a law (however described or entitled) made by the Assembly under this Act; or\n    (b) a law, or part of a law, that is an enactment because of section 34.\n\n> Executive means the Australian Capital Territory Executive established by section 36.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> general election means a general election of members of the Assembly.\n\n> judicial commission means a body or authority established by the Assembly having the function (whether alone or together with another body or authority of the Territory) of investigating, and reporting to the Attorney‑General of the Territory on, complaints concerning the conduct or the physical or mental capacity of a judicial officer.\n\n> judicial officer means:\n\n    (a) the Chief Justice of the Supreme Court; or\n    (b) a Judge (other than an additional Judge) of the Supreme Court; or\n    (c) the Master of the Supreme Court; or\n    (d) the Chief Magistrate; or\n    (e) a Magistrate; or\n    (f) any other judicial office holder or member of a tribunal specified in an enactment relating to the establishment of a judicial commission for the Territory.\n\n> Magistrate means a Magistrate (other than a Special Magistrate) appointed under the Magistrates Court Act 1930 of the Territory.\n\n> meeting means a meeting of the Assembly.\n\n> member means a member of the Assembly.\n\n> Minister means the Chief Minister or a Minister appointed under section 41.\n\n> Presiding Officer means the officer elected under section 11, by whatever title determined by the Assembly.\n\n> public money of the Territory means revenues, loans and other money received by the Territory.\n\n> resolution of no confidence means a resolution passed in accordance with section 19.\n\n> subordinate law means an instrument of a legislative nature (including a regulation, rule or by‑law) made under an enactment.\n\n> Supreme Court means the Supreme Court of the Territory existing under the Supreme Court Act 1933 of the Territory.\n\n> Territory:\n\n    (a) when used in a geographical sense, means the Australian Capital Territory; and\n    (b) when used in any other sense, means the body politic established by section 7.\n\n> Territory authority:\n\n    (a) except in Part VII—means a body, whether corporate or not:\n    (i) established by or under enactment; or\n    (ii) otherwise established by the Executive; or\n    (b) in Part VII—means a body corporate established for a public purpose by or under enactment and having power to borrow money.\n\n> Territory Gazette means the Australian Capital Territory Gazette.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of day on which election held","content":"#### 4 Meaning of day on which election held\n\n  A reference in this Act to the day on which an election has been, is, or is to be, held, is a reference to the polling day for that election.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of day on which result of election declared","content":"#### 5 Meaning of day on which result of election declared\n\n  Where the results of a general election are declared on different days, a reference in this Act to the day on which the result of the election is declared is a reference to the last of those days.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Powers includes functions and duties","content":"#### 6 Powers includes functions and duties\n\n  In this Act, unless the contrary intention appears:\n    (a) a reference to powers includes a reference to functions or duties; and\n    (b) a reference to the exercise of powers includes a reference to the performance of functions or duties.","sortOrder":6},{"sectionNumber":"Part II","sectionType":"part","heading":"Australian Capital Territory","content":"## Part II—Australian Capital Territory","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Establishment of body politic","content":"#### 7 Establishment of body politic\n\n  The Australian Capital Territory is established as a body politic under the Crown by the name of the Australian Capital Territory.","sortOrder":8},{"sectionNumber":"Part III","sectionType":"part","heading":"Legislative Assembly","content":"An Act to provide for the Government of the Australian Capital Territory, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Capital Territory (Self‑Government) Act 1988.\n\n#### 2 Commencement\n\n  (1) Section 1 and this section commence on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Assembly means the Legislative Assembly for the Australian Capital Territory established by section 8.\n\n> Attorney‑General of the Territory means the Minister who has the responsibility for the administration of justice in the Territory.\n\n> casual vacancy means a vacancy in the membership of the Assembly occurring otherwise than because of section 10 or 16.\n\n> Chief Magistrate means the Chief Magistrate appointed under the Magistrates Court Act 1930 of the Territory.\n\n> Chief Minister means the Chief Minister elected under section 40.\n\n> commencing day means the day on which section 22 commences.\n\n> Commissioner means a Commissioner appointed under section 16.\n\n> Commonwealth Gazette means the Commonwealth of Australia Gazette.\n\n> Commonwealth Minister means the Minister of State administering this Act, and has the additional meaning given by section 19 of the Acts Interpretation Act 1901.\n\n> Deputy Chief Minister means the Deputy Chief Minister appointed under section 44.\n\n> Deputy Presiding Officer means the person (if any) elected under subsection 21(2).\n\n> elector of the Territory means a person who is entitled to vote at a general election.\n\n> enactment means:\n\n    (a) a law (however described or entitled) made by the Assembly under this Act; or\n    (b) a law, or part of a law, that is an enactment because of section 34.\n\n> Executive means the Australian Capital Territory Executive established by section 36.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> general election means a general election of members of the Assembly.\n\n> judicial commission means a body or authority established by the Assembly having the function (whether alone or together with another body or authority of the Territory) of investigating, and reporting to the Attorney‑General of the Territory on, complaints concerning the conduct or the physical or mental capacity of a judicial officer.\n\n> judicial officer means:\n\n    (a) the Chief Justice of the Supreme Court; or\n    (b) a Judge (other than an additional Judge) of the Supreme Court; or\n    (c) the Master of the Supreme Court; or\n    (d) the Chief Magistrate; or\n    (e) a Magistrate; or\n    (f) any other judicial office holder or member of a tribunal specified in an enactment relating to the establishment of a judicial commission for the Territory.\n\n> Magistrate means a Magistrate (other than a Special Magistrate) appointed under the Magistrates Court Act 1930 of the Territory.\n\n> meeting means a meeting of the Assembly.\n\n> member means a member of the Assembly.\n\n> Minister means the Chief Minister or a Minister appointed under section 41.\n\n> Presiding Officer means the officer elected under section 11, by whatever title determined by the Assembly.\n\n> public money of the Territory means revenues, loans and other money received by the Territory.\n\n> resolution of no confidence means a resolution passed in accordance with section 19.\n\n> subordinate law means an instrument of a legislative nature (including a regulation, rule or by‑law) made under an enactment.\n\n> Supreme Court means the Supreme Court of the Territory existing under the Supreme Court Act 1933 of the Territory.\n\n> Territory:\n\n    (a) when used in a geographical sense, means the Australian Capital Territory; and\n    (b) when used in any other sense, means the body politic established by section 7.\n\n> Territory authority:\n\n    (a) except in Part VII—means a body, whether corporate or not:\n    (i) established by or under enactment; or\n    (ii) otherwise established by the Executive; or\n    (b) in Part VII—means a body corporate established for a public purpose by or under enactment and having power to borrow money.\n\n> Territory Gazette means the Australian Capital Territory Gazette.\n\n#### 4 Meaning of day on which election held\n\n  A reference in this Act to the day on which an election has been, is, or is to be, held, is a reference to the polling day for that election.\n\n#### 5 Meaning of day on which result of election declared\n\n  Where the results of a general election are declared on different days, a reference in this Act to the day on which the result of the election is declared is a reference to the last of those days.\n\n#### 6 Powers includes functions and duties\n\n  In this Act, unless the contrary intention appears:\n    (a) a reference to powers includes a reference to functions or duties; and\n    (b) a reference to the exercise of powers includes a reference to the performance of functions or duties.\n\n## Part II—Australian Capital Territory\n\n#### 7 Establishment of body politic\n\n  The Australian Capital Territory is established as a body politic under the Crown by the name of the Australian Capital Territory.\n\n## Part III—Legislative Assembly\n\n### Division 1—Constitution of Assembly\n\n#### 8 Legislative Assembly\n\n  (1) There shall be a Legislative Assembly for the Australian Capital Territory.\n  (2) The Assembly is to consist of:\n    (a) such number of members as is provided by enactment (subject to subsection (3)); or\n    (b) until provision is made—17 members.\n  (3) An enactment providing for the number of members of the Assembly (or an enactment amending or repealing such an enactment) has no effect unless it is passed by a number of members at least equal to two‑thirds of the number of members provided for, at that time, by or in accordance with subsection (2).\n  (4) Subsection (3) has effect despite anything else in this Act.\n\n#### 9 Oath or Affirmation of Allegiance\n\n  (1) A member shall, before taking his or her seat, make and subscribe an oath or affirmation in accordance with the form in Schedule 1.\n  (2) The oath or affirmation shall be made before the Chief Justice of the Supreme Court of the Australian Capital Territory or some person authorised by the Chief Justice.\n  (3) This section has effect subject to any enactment.\n\n#### 10 Term of office of member\n\n  The term of office of a member duly elected begins at the end of the day on which the election of the member is declared and, unless sooner ended by resignation or disqualification, or by dissolution of the Assembly, ends on the polling day for the next general election.\n\n#### 11 Presiding Officer of Assembly\n\n  (1) At the first meeting of the Assembly after a general election, the members present shall, before any other business, elect one of their number to be the Presiding Officer of the Assembly.\n  (2) The title of the Presiding Officer shall be determined by the Assembly.\n  (3) If there is a vacancy in the office of Presiding Officer (not because of a dissolution of the Assembly), then:\n    (a) if the vacancy happens at a meeting, the members present shall, before any further business, elect one of their number to be the Presiding Officer; or\n    (b) if the vacancy happens at any other time, at the next meeting the members present shall, before any other business, elect one of their number to be the Presiding Officer.\n  (4) This section does not prevent the Assembly from appointing a person to preside at meetings in the absence of the Presiding Officer, but a person holding office as a Minister shall not be so appointed.\n\n#### 12 Vacation of office by Presiding Officer\n\n  (1) A person holding office as Presiding Officer vacates the office:\n    (a) immediately before a Presiding Officer is elected at the first meeting of the Assembly after a general election;\n    (b) when the person resigns office as Presiding Officer;\n    (c) when the person ceases to be a member of the Assembly (not because of a general election); or\n    (d) when an absolute majority of the members of the Assembly vote in favour of the person’s removal from office.\n  (2) A person who has vacated the office of Presiding Officer may be re‑elected.\n\n#### 13 Resignation of members\n\n  (1) A member may resign office as a member by written notice delivered to a person authorised by the Assembly to receive it.\n  (2) The Presiding Officer may resign office as Presiding Officer by written notice delivered to a person authorised by the Assembly to receive it.\n  (3) The person receiving a notice of resignation must arrange for it to be laid before the Assembly as soon as practicable after receiving that notice.\n\n#### 14 Disqualification of member\n\n  (1) A member vacates office if the member:\n    (a) at any time after the beginning of the first meeting of the Assembly after a general election, is not qualified to take a seat as a member;\n    (b) is absent without permission of the Assembly from:\n    (i) such number of consecutive meetings as is specified by enactment for the purposes of this subparagraph; or\n    (ii) if no such enactment is in force—4 consecutive meetings of the Assembly; or\n    (c) takes or agrees to take, directly or indirectly, any remuneration, allowance, honorarium or reward for services rendered in the Assembly, otherwise than under section 73.\n  (2) A person who has vacated an office of member may be re‑elected.\n  (3) Paragraph (1)(c) does not apply to a superannuation scheme:\n    (a) that is established by or under an enactment; and\n    (b) under which any or all of the following benefits are provided:\n    (i) benefits for a person upon ceasing to hold an office of member;\n    (ii) benefits for a person who is or was a member in the event of the permanent or temporary disability of the person;\n    (iii) benefits for dependants of a person who is or was a member in the event of the death of the person.\n  (4) In subsection (3):\n\n> dependant has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n#### 15 Conflict of interest\n\n  (1) A member of the Assembly who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Territory or a Territory authority shall not take part in a discussion of a matter, or vote on a question, in a meeting of the Assembly where the matter or question relates directly or indirectly to that contract.\n  (2) A question concerning the application of subsection (1) shall be decided by the Assembly, and a contravention of that subsection does not invalidate anything done by the Assembly.\n\n#### 16 Dissolution of Assembly by Governor‑General\n\n  (1) If, in the opinion of the Governor‑General, the Assembly:\n    (a) is incapable of effectively performing its functions; or\n    (b) is conducting its affairs in a grossly improper manner;\n  the Governor‑General may dissolve the Assembly.\n  (2) Where the Assembly is dissolved:\n    (a) the Governor‑General:\n    (i) shall appoint a Commissioner for the purposes of this section; and\n    (ii) may, at any time, give directions to the Commissioner about the exercise of the powers of the Executive; and\n    (b) a general election shall be held on a day specified by the Commonwealth Minister by notice published in the Commonwealth Gazette, being not earlier than 36 days, nor later than 90 days, after the dissolution of the Assembly.\n  (3) The Commonwealth Minister shall not specify a day that is the polling day for an election of the Senate or a general election of the House of Representatives.\n  (4) The Commissioner:\n    (a) shall exercise all the powers of the Executive in accordance with any directions given by the Governor‑General; and\n    (b) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General.\n  (5) The Commissioner shall be paid such remuneration and allowances as are determined by the Governor‑General.\n  (6) Unless sooner terminated by the Governor‑General, the term of office of the Commissioner ceases at the beginning of the first meeting of the Assembly held after the next general election.\n  (7) The powers of the Governor‑General under this section shall be exercised by Proclamation.\n  (8) The Commonwealth Minister shall cause a statement of the reasons for the dissolution to be:\n    (a) published in the Commonwealth Gazette as soon as practicable after the day of the dissolution; and\n    (b) laid before each House of the Parliament within 15 sitting days of that House after the day of the dissolution.\n  (9) A person holding office, or acting as, Chief Executive of the Chief Minister’s Department must not be appointed as a Commissioner under this section.\n  (10) If the name of the office of Chief Executive, or of the Chief Minister’s Department, is changed, a reference in subsection (9) to that office or Department is to be taken to be a reference to the office or Department under the new name.\n\n### Division 2—Procedure of Assembly\n\n#### 17 Times of meetings\n\n  (1) Subject to subsection (3), the Assembly shall meet:\n    (a) within 7 days after the result of a general election is declared; and\n    (b) within 7 days after a written request for a meeting, signed by such number of members as is fixed by enactment, is delivered to the Presiding Officer.\n  (2) The Presiding Officer shall, by notice published in the Territory Gazette, convene a meeting when it is necessary to do so to comply with subsection (1).\n  (3) If the Presiding Officer is required by subsection (2) to convene a meeting within a particular period and:\n    (a) the office of Presiding Officer is vacant, whether or not a person has been previously elected to the office; or\n    (b) the Presiding Officer is unable, or refuses or fails, to convene a meeting within that period;\n  the Commonwealth Minister shall, by notice published in the Commonwealth Gazette, convene the meeting within that period or, if that is not practicable, within 7 days after that period.\n\n#### 18 Procedure at meetings\n\n  (1) At a meeting of the Assembly, a quorum is formed by an absolute majority of the members.\n  (2) Questions arising at a meeting shall be decided by a majority of the votes of the members present and voting, unless a special majority is required by the standing rules and orders.\n  (3) The member presiding at a meeting has a deliberative vote only, and, if the votes on a question are equal, the question shall pass in the negative.\n  (4) Subject to subsection 15(1) and to the standing rules and orders, the Presiding Officer shall preside at all meetings of the Assembly at which he or she is present.\n\n#### 19 Resolution of no confidence in Chief Minister\n\n  A resolution of no confidence in the Chief Minister has no effect unless:\n    (a) it affirms a motion that is expressed to be a motion of no confidence in the Chief Minister;\n    (b) at least one week’s notice of the motion has been given in accordance with the standing rules and orders; and\n    (c) the resolution is passed by at least the number of members necessary to be a quorum.\n\n#### 20 Minutes of meetings\n\n  (1) The Assembly shall cause minutes to be kept of meetings.\n  (2) A copy of any minutes so kept shall, on request made by a person:\n    (a) be made available for inspection by the person; or\n    (b) be supplied to the person on payment of such fee (if any) as is fixed by or under enactment.\n  (3) Subsection (2) does not apply to minutes of a committee meeting held in private.\n\n#### 21 Standing rules and orders\n\n  (1) Subject to this Act, the Assembly may make standing rules and orders with respect to the conduct of business.\n  (2) Without limiting the generality of subsection (1), standing rules and orders may be made:\n    (a) for the election of a deputy (however titled) to the Presiding Officer; and\n    (b) conferring on that deputy such powers as are specified in the rules and orders (including powers of the Presiding Officer under this Act).\n\n## Part IV—Powers of Legislative Assembly\n\n#### 22 Power of Assembly to make laws\n\n  (1) Subject to this Part and Part VA, the Assembly has power to make laws for the peace, order and good government of the Territory.\n  (2) The power to make laws extends to the power to make laws with respect to the exercise of powers by the Executive.\n\n#### 23 Matters excluded from power to make laws\n\n  (1) Subject to this section, the Assembly has no power to make laws with respect to:\n    (a) the acquisition of property otherwise than on just terms;\n    (c) the provision by the Australian Federal Police of police services in relation to the Territory;\n    (d) the raising or maintaining of any naval, military or air force;\n    (e) the coining of money;\n    (g) the classification of materials for the purposes of censorship.\n  (2) The regulations may omit any of the paragraphs in subsection (1) or reduce the scope of any of those paragraphs.\n\n#### 24 Powers, privileges and immunities of Assembly\n\n  (1) In this section:\n\n> powers includes privileges and immunities, but does not include legislative powers.\n\n  (2) Without limiting the generality of section 22, the Assembly may also make laws:\n    (a) declaring the powers of the Assembly and of its members and committees, but so that the powers so declared do not exceed the powers for the time being of the House of Representatives or of its members or committees; and\n    (b) providing for the manner in which powers so declared may be exercised or upheld.\n  (3) Until the Assembly makes a law with respect to its powers, the Assembly and its members and committees have the same powers as the powers for the time being of the House of Representatives and its members and committees.\n  (4) Nothing in this section empowers the Assembly to imprison or fine a person.\n\n#### 25 Notification of enactment\n\n  (1) Where a proposed law has been passed by the Assembly, the Chief Minister, or another person authorised by enactment to do so, shall publish in the Territory Gazette a notice of the proposed law having been passed and of the place or places where copies of the law can be purchased.\n  (2) Where a proposed law is notified in the Territory Gazette, it takes effect upon the day of notification or, if the proposed law otherwise provides, as so provided.\n  (3) At the time of publication of the notice under subsection (1) of the passing of a proposed law or as soon as practicable thereafter, copies of the law shall be made available for purchase at the place, or at each of the places, specified in the notice.\n  (4) Where, on the day of publication of the notice under subsection (1) of the passing of a proposed law, there are no copies of the law available for purchase at the place, or at one or more of the places, specified in the notice, the Chief Minister shall cause to be laid before the Assembly, within 15 sitting days of the Assembly after that day, a statement that copies of the law were not so available and the reason why they were not so available.\n  (5) Failure to comply with the requirements of subsection (3) or (4) in relation to a proposed law shall not be taken to constitute a failure to comply with subsection (1).\n  (6) Subsections (1) to (5) (inclusive) cease to have effect on and after the commencement of an enactment providing for:\n    (a) the publication of a notice of the passing of a proposed law by the Assembly otherwise than under subsection (1); and\n    (b) the commencement of such a proposed law.\n\n#### 26 Special procedures for making certain enactments\n\n  (1) The Assembly may pass a law (in this section called the entrenching law) prescribing restrictions on the manner and form of making particular enactments (which may include enactments amending or repealing the entrenching law).\n  (2) The entrenching law shall be submitted to a referendum of the electors of the Territory as provided by enactment.\n  (3) If a majority of the electors approve the entrenching law, it takes effect as provided by section 25.\n  (4) While the entrenching law is in force, an enactment to which it applies has no effect unless made in accordance with the entrenching law.\n  (5) If an entrenching law includes the requirement (however expressed) that an enactment or enactments be passed by a specified majority of the members (in this subsection called a special majority), the same requirement shall be taken to apply to the entrenching law, so that it must be passed by:\n    (a) that special majority; or\n    (b) if it specifies different special majorities for different enactments—the highest of those special majorities.\n  (6) If an entrenching law passed by the Assembly:\n    (a) includes the requirement (however expressed) that an enactment or enactments be submitted to a referendum of the electors of the Territory; and\n    (b) includes provision (however expressed) that, to have effect, the referendum is to be passed by a specified majority of the electors (in this subsection called a special majority);\n  the same requirement shall be taken to apply to the entrenching law, so that the reference in subsection (3) to a majority of the electors shall be taken to be a reference to:\n    (c) that special majority; or\n    (d) if the entrenching law specifies different special majorities for different enactments—the highest of those special majorities.\n\n#### 27 Crown may be bound\n\n  Except as provided by the regulations, an enactment does not bind the Crown in right of the Commonwealth.\n\n#### 28 Inconsistency with other laws\n\n  (1) A provision of an enactment has no effect to the extent that it is inconsistent with a law defined by subsection (2), but such a provision shall be taken to be consistent with such a law to the extent that it is capable of operating concurrently with that law.\n  (2) In this section:\n\n> law means:\n\n    (a) a law in force in the Territory (other than an enactment or a subordinate law); or\n    (b) an order or determination, or any other instrument of a legislative character, made under a law falling within paragraph (a).\n\n> Note: Sections 29 and 40 of the Fair Work Act 2009 deals with inconsistency between awards and agreements made under that Act, and laws of the Territory.\n\n#### 29 Avoidance of application of enactments to Parliament\n\n  (1) In this section:\n\n> enactment includes a part of an enactment.\n\n> Parliamentary precincts means the precincts defined by subsection 3(1) of the Parliamentary Precincts Act 1988.\n\n  (2) If either House of the Parliament passes a resolution declaring that an enactment made after the commencing day does not apply:\n    (a) to that House;\n    (b) to the members of that House; or\n    (c) in the Parliamentary precincts;\n  the resolution has effect according to its tenor and the enactment does not apply accordingly.\n  (3) A resolution under subsection (2):\n    (a) does not have effect in respect of the application of an enactment on a day before the day on which the resolution is passed; and\n    (b) has effect, to the extent that the enactment ceases to apply, as if the enactment were repealed by another enactment.\n\n#### 30 Judicial notice\n\n  All courts, judges and persons acting judicially shall take judicial notice of enactments and subordinate laws.\n\n#### 31 Publication of enactments\n\n  The Executive shall publish copies of enactments and subordinate laws and make them available for purchase by the public.\n\n#### 33 Application of Acts Interpretation Act\n\n  Neither paragraph 46(1)(a) of the Acts Interpretation Act 1901 nor paragraph 13(1)(a) or (b) of the Legislation Act 2003 applies to:\n    (a) an enactment;\n    (b) a subordinate law; or\n    (c) an instrument required by this Act to be published in the Territory Gazette.\n\n#### 34 Certain laws converted into enactments\n\n  (1) In this section:\n\n> Imperial Act has the same meaning as in the Imperial Acts Application Ordinance 1986 of the Territory.\n\n> law includes a provision of a law.\n\n  (2) A law specified in Schedule 2 shall be taken to be an enactment, and may be amended or repealed accordingly.\n  (4) A law (other than a law of the Commonwealth) that, immediately before the commencing day:\n    (a) was in force in the Territory; and\n    (b) was an Ordinance, an Act of the Parliament of New South Wales or an Imperial Act;\n  shall be taken to be an enactment, and may be amended or repealed accordingly.\n  (5) Subsection (4) does not apply to a law specified in Schedule 5.\n  (9) This section does not limit the power of the Assembly to make laws with respect to the common law.\n\n## Part V—The Executive\n\n#### 36 Australian Capital Territory Executive\n\n  There shall be an Australian Capital Territory Executive.\n\n#### 37 General powers of Executive\n\n  The Executive has the responsibility of:\n    (a) governing the Territory with respect to matters specified in Schedule 4;\n    (b) executing and maintaining enactments and subordinate laws;\n    (c) exercising such other powers as are vested in the Executive by or under a law in force in the Territory or an agreement or arrangement between the Territory and the Commonwealth, a State or another Territory; and\n    (d) exercising prerogatives of the Crown so far as they relate to the Executive’s responsibility mentioned in paragraph (a), (b) or (c).\n\n#### 38 Executive matters not limited by Schedule 4\n\n  A matter specified in Schedule 4 does not limit the generality of any other matter specified in that Schedule.\n\n#### 38A Executive’s powers under Commonwealth Acts\n\n  An enactment may provide for the exercise by a member or members of the Executive of powers vested in the Executive by or under an Act.\n\n#### 39 Membership of Executive\n\n  (1) The members of the Executive are the Chief Minister and such other Ministers as are appointed by the Chief Minister.\n  (2) The exercise of the powers of the Executive is not affected merely because of a vacancy or vacancies in the membership of the Executive.\n\n#### 40 Chief Minister for the Territory\n\n  (1) At the first meeting of the Assembly after a general election, the members present shall, after electing a Presiding Officer and before any other business, elect one of their number to be the Chief Minister for the Territory.\n  (2) If there is a vacancy in the office of Chief Minister (not because of a dissolution of the Assembly), then:\n    (a) if the vacancy happens at a meeting, the members present shall elect one of their number to be the Chief Minister; or\n    (b) if the vacancy happens at any other time, the Presiding Officer shall, by notice published in the Territory Gazette, convene a meeting as soon as practicable and, at the meeting, the members present shall elect one of their number to be the Chief Minister.\n  (3) If a resolution of no confidence in the Chief Minister is passed, the members present shall elect one of their number to be the Chief Minister.\n\n#### 41 Ministers for the Territory\n\n  (1) The Chief Minister must appoint Ministers for the Territory from among the members of the Assembly.\n  (2) The number of Ministers is to be as provided by enactment.\n  (2A) Until provision is made, the number of Ministers is not to exceed 5.\n  (3) A Minister may be dismissed from office at any time by a person holding office as Chief Minister at that time.\n\n#### 42 Presiding Officer or Deputy Presiding Officer not to be a Minister\n\n  The person for the time being holding office as Presiding Officer or Deputy Presiding Officer is not eligible to be a Minister.\n\n#### 43 Ministerial portfolios\n\n  (1) A Minister shall administer such matters relating to the powers of the Executive as are allocated to that Minister from time to time by the Chief Minister.\n  (2) The Chief Minister may authorise a Minister or Ministers to act on behalf of the Chief Minister or any other Minister.\n  (3) The Chief Minister shall publish particulars of such arrangements in the Territory Gazette.\n\n#### 44 Deputy Chief Minister for the Territory\n\n  (1) The Chief Minister shall appoint one of the Ministers to be Deputy Chief Minister for the Territory.\n  (2) The Deputy Chief Minister shall act as Chief Minister at any time when there is a vacancy in the office of Chief Minister or the Chief Minister is absent from duty or from Australia or is, for any other reason, unable to exercise the powers of Chief Minister.\n  (3) While the Deputy Chief Minister is acting as Chief Minister, he or she shall exercise all the powers of the Chief Minister other than the dismissal of a Minister.\n  (4) The exercise of the powers of the Chief Minister by the Deputy Chief Minister during the absence of the Chief Minister from Australia does not affect the exercise of a power by the Chief Minister.\n\n#### 45 Resignation of Ministers\n\n  (1) The Chief Minister may resign office as Chief Minister by written notice delivered to the Presiding Officer.\n  (2) Any other Minister may resign office as Minister by written notice delivered to the Chief Minister.\n\n#### 46 Vacation of office by Ministers\n\n  (1) A person holding office as Chief Minister vacates the office:\n    (a) when the person resigns the office; or\n    (b) when the person ceases to be a member (not because of a general election); or\n    (c) immediately before a Chief Minister is elected after:\n    (i) the next general election; or\n    (ii) the passing of a resolution of no confidence in the Chief Minister.\n  (1A) A person holding office as a Minister (other than the Chief Minister) vacates the office:\n    (a) when the person resigns the office; or\n    (b) when the person ceases to be a member (not because of a general election); or\n    (c) when the person is dismissed from office by the Chief Minister; or\n    (d) immediately before another Chief Minister is elected after:\n    (i) the next general election; or\n    (ii) the passing of a resolution of no confidence in the Chief Minister.\n  (2) A person who has vacated an office of Minister may be re‑elected or re‑appointed.\n\n#### 47 Vacancies in all Ministerial offices\n\n  (1) If:\n    (a) at any time after the election of a Chief Minister, all the Ministerial offices (including the office of Chief Minister) have become vacant; and\n    (b) it is necessary to exercise powers of the Executive for the purpose of maintaining the provision and control of essential services;\n  the Commonwealth Minister may exercise those powers for that purpose until a Chief Minister is elected.\n  (2) Subsection (1) does not apply where the vacancies result from a dissolution of the Assembly.\n\n#### 48 Resolution of no confidence in Chief Minister\n\n  (2) If:\n    (a) on a particular day, the Assembly passes a resolution of no confidence in the Chief Minister;\n    (b) the Assembly does not, within the period of 30 days after that day, elect a Chief Minister; and\n    (c) the Governor‑General does not, within that period of 30 days, dissolve the Assembly under section 16;\n  a general election shall be held on a day specified by the Commonwealth Minister by notice published in the Commonwealth Gazette, being not earlier than 36 days, nor later than 90 days, after the end of that period of 30 days.\n  (3) The Commonwealth Minister shall not specify a day that is the polling day for an election of the Senate or a general election of the House of Representatives.\n\n## Part VA—The Judiciary\n\n#### 48A Jurisdiction and powers of the Supreme Court\n\n  (1) The Supreme Court is to have all original and appellate jurisdiction that is necessary for the administration of justice in the Territory.\n  (2) In addition, the Supreme Court may have such further jurisdiction as is conferred on it by any Act, enactment or Ordinance, or any law made under any Act, enactment or Ordinance.\n  (3) The Supreme Court is not bound to exercise any powers where it has concurrent jurisdiction with another court or tribunal.\n\n#### 48AA ACT laws may give concurrent jurisdiction to the Federal Court of Australia\n\n  Nothing in section 48A is to be taken to imply that a law of the Australian Capital Territory may not confer on the Federal Court of Australia original or appellate jurisdiction in any matter in respect of which, by virtue of section 48A, jurisdiction is conferred on the Supreme Court.\n\n#### 48B Retirement age of Judges etc. of the Supreme Court\n\n  (1) This section applies to the following offices:\n    (a) Chief Justice of the Supreme Court;\n    (b) Judge (other than additional Judge) of the Supreme Court;\n    (c) Master of the Supreme Court.\n  (2) An enactment that changes the retirement age in relation to an office to which this section applies does not affect the term of office of a person who was appointed to such an office before the commencement of that enactment unless the person has consented in writing to the application of the enactment to him or her.\n\n#### 48C Judicial commission\n\n  (1) An enactment relating to the establishment of a judicial commission for the Territory must provide that:\n    (a) the commission is to be constituted by persons who:\n    (i) have been Justices of the High Court or are, or have been, Judges of a superior court of record of the Commonwealth or of a State or Territory (other than persons who are Judges of the Supreme Court of the Territory appointed under subsection 7(1) of the Supreme Court Act 1933 of the Territory); and\n    (ii) are appointed by the Executive for such terms as are determined in accordance with the enactment; and\n    (b) the commission is to have the function (whether alone or together with another body or authority of the Territory) of investigating, and reporting to the Attorney‑General of the Territory on, complaints concerning the conduct or the physical or mental capacity of a judicial officer.\n  (2) A judicial commission may have functions in addition to the function mentioned in paragraph (1)(b).\n\n#### 48D Removal of a judicial officer from office\n\n  An enactment relating to the removal from office of a judicial officer must provide that:\n    (a) a judicial officer may only be removed from office if:\n    (i) a judicial commission appointed by the Executive to examine a complaint concerning the judicial officer has submitted to the Attorney‑General of the Territory a report that:\n    (A) sets out the facts found by the commission in relation to the subject matter of the complaint; and\n    (B) states that, in the commission’s opinion, the facts so found could amount to misbehaviour or physical or mental incapacity (as the case may be) warranting the officer’s removal from office; and\n    (ii) the Assembly:\n    (A) has determined that the facts so found amount to misbehaviour or physical or mental incapacity identified by the commission; and\n    (B) has passed a motion requiring the Executive to remove the officer from office on the ground of that misbehaviour or incapacity; and\n    (b) a judicial officer may only be removed from office by the Executive in writing.\n\n## Part VII—Finance\n\n#### 57 Public money\n\n  (1) The public money of the Territory shall be available for the expenditure of the Territory.\n  (2) The receipt, spending and control of public money of the Territory shall be regulated as provided by enactment.\n\n#### 58 Withdrawals of public money\n\n  (1) Subject to subsection 16(4), no public money of the Territory shall be issued or spent except as authorised by enactment.\n  (2) The public money of the Territory may be invested as provided by enactment.\n\n#### 59 Financial relations between Commonwealth and Territory\n\n  (1) The Commonwealth shall conduct its financial relations with the Territory so as to ensure that the Territory is treated on the same basis as the States and the Northern Territory, while having regard to the special circumstances arising from the existence of the national capital and the seat of government of the Commonwealth in the Territory.\n  (2) The Territory is not liable to bear the cost, or part of the cost, of:\n    (a) any power of the Commonwealth relating to a matter referred to in section 23;\n    (b) administering a law, or a provision of a law, referred to in Schedule 5; or\n    (c) any other power of the Commonwealth, or of a Commonwealth authority, relating to the Territory.\n\n#### 60 Borrowing from Commonwealth\n\n  The Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Territory or to a Territory authority on such terms and conditions as that Minister determines in writing.\n\n#### 65 Proposal of money votes\n\n  (1) An enactment, vote or resolution (proposal) for the appropriation of the public money of the Territory must not be proposed in the Assembly except by a Minister.\n  (2) Subsection (1) does not prevent a member other than a Minister from moving an amendment to a proposal made by a Minister unless the amendment is to increase the amount of public money of the Territory to be appropriated.\n\n## Part VIII—Elections to Assembly\n\n#### 66 Interpretation\n\n  In this Part:\n\n> electoral enactment means an enactment described in subsection 67A(1).\n\n#### 66A Part to bind Crown\n\n  This Part binds the Crown in right of the Territory, but nothing in this Act renders the Crown liable to be prosecuted for an offence.\n\n#### 66B Election of members\n\n  The members are to be elected in accordance with this Part.\n\n#### 67 Qualifications of candidates\n\n  (1) The qualifications of a person to be elected and take a seat as a member shall be as provided by enactment.\n\n#### 67A General elections\n\n  (1) The members to be elected at a general election are to be elected as provided by sections 67, 67C and 67D and by an enactment that:\n    (a) provides for general elections; and\n    (b) complies with section 67B; and\n    (c) was made after polling day for the second general election.\n\n#### 67B Electoral enactment\n\n  An electoral enactment is to provide, among other things:\n    (a) for the times of general elections; and\n    (b) for a Roll of the electors of the Territory for the purposes of general elections; and\n    (c) that every person who is entitled to be enrolled on that Roll and who is resident in the Territory is required to claim enrolment; and\n    (d) if the electoral enactment provides for the distribution of the Territory into electorates—that a redistribution of the Territory into electorates is to commence not later than 6 years after the previous distribution or redistribution.\n\n#### 67C Qualifications of electors\n\n  (1) At a general election held on a particular day, a person is entitled to vote if:\n    (a) on that day, the person’s name is on the Roll of the electors of the Territory for the purposes of general elections; and\n    (b) the person would be entitled to vote at an election held on that day to choose a member of the House of Representatives for the Territory.\n  (2) A person’s name is taken not to be on the Roll for the purposes of paragraph (1)(a) if an electoral enactment so provides.\n  (3) This section does not prevent an electoral enactment from providing that other persons, in addition to persons entitled under subsection (1), be entitled to vote at a general election.\n\n#### 67D Territory electorates\n\n  (1) In this section:\n\n> quota, in relation to an electorate for the Territory, means the number calculated in accordance with the formula:\n\n> ![Start formula start fraction Number of Territory electors times Number of electorate members over Number of Territory members end fraction end formula](image.002.png)\n\n  where:\n\n> Number of Territory electors means the number of electors of the Territory.\n\n> Number of electorate members means the number of members to be elected by the electorate.\n\n> Number of Territory members means the number of members of the Assembly.\n\n  (2) A distribution or redistribution of the Territory into electorates is not to result in any electorate having, immediately after the distribution or redistribution:\n    (a) a number of electors of the Territory greater than 110% of its quota; or\n    (b) a number of electors of the Territory less than 90% of its quota.\n\n## Part IX—Miscellaneous\n\n#### 69A Acts that bind States to bind Territory\n\n  (1) If an Act (whether or not by express provision) binds each of the States, or the Crown in right of each of the States, that Act binds the Territory, or the Crown in right of the Territory, by force of this subsection, unless that Act specifically provides otherwise.\n  (2) Subsection (1) does not affect the application of a law of the Commonwealth in and in relation to the Territory otherwise than as provided in that subsection.\n\n#### 69 Trade and commerce to be free\n\n  (1) Subject to subsection (2), trade, commerce and intercourse between the Territory and a State, and between the Territory and the Northern Territory, Norfolk Island, the Jervis Bay Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands, shall be absolutely free.\n  (2) Subsection (1) does not bind the Commonwealth.\n\n#### 70 Validity of certain actions\n\n  (1) In subsection (2):\n\n> office means the office of Chief Minister, Deputy Chief Minister, Minister, Presiding Officer, Deputy Presiding Officer or Commissioner.\n\n  (2) Anything done by or in relation to a person who has been elected or appointed to an office, or a person purporting to act in an office, under this Act is not invalid on the ground that:\n    (a) the occasion for the election or appointment had not arisen;\n    (b) there was a defect or irregularity in connection with the election or appointment;\n    (c) the election or appointment had ceased to have effect; or\n    (d) the occasion for the person to act had not arisen or had ceased.\n  (3) Anything done by or in relation to a person who has purported to sit or vote as a member at a meeting of the Assembly or of a committee is not invalid on the ground that the person:\n    (a) was not duly elected or chosen; or\n    (b) had vacated office as a member.\n\n#### 73 Remuneration and allowances\n\n  (1) In this section:\n\n> office means any of the following offices:\n\n    (a) Chief Minister;\n    (b) Deputy Chief Minister;\n    (c) Minister;\n    (d) member;\n    (e) Presiding Officer;\n    (f) Deputy Presiding Officer;\n    (fa) Chief Justice of the Supreme Court;\n    (fb) Judge of the Supreme Court;\n    (fc) Master of the Supreme Court;\n    (fd) Chief Magistrate;\n    (fe) Magistrate;\n    (g) an office declared by an enactment to be an office to which this section applies.\n  (2) Subject to subsection (3A) of this section and subsection 29A(2) of the A.C.T. Self‑Government (Consequential Provisions) Act 1988, a person is, in respect of services in an office, to be paid such remuneration and allowances:\n    (a) if they are determined or specified by or under an enactment—as so determined or specified; or\n    (b) in any other case—as are determined by the Remuneration Tribunal.\n  (3A) The remuneration and allowances of a person holding an office specified in paragraph (1)(fa), (fb), (fc), (fd) or (fe) are not to be diminished while the person holds that office.\n  (4) Where:\n    (a) the term of office of a person as member ends on the polling day for a general election; and\n    (b) the person is re‑elected at that general election;\n  then, for the purposes of this section, the person shall be taken to have continued to serve in the office of member until the day on which the election of the person is declared.\n  (5) Where:\n    (a) the term of office of a person as member ends because the Assembly is dissolved under section 16; and\n    (b) the person is a candidate at the next general election;\n  then, for the purposes of this section, the person shall be taken to have continued to serve in the office of member until the polling day for that general election or, if the person is re‑elected, until the day on which the election of the person is declared.\n\n#### 74 Regulations\n\n  The Governor‑General may make regulations:\n    (a) prescribing matters:\n    (i) required or permitted by this Act to be prescribed; or\n    (ii) necessary or convenient to be prescribed for carrying out or giving effect to this Act; and\n    (b) adding further matters to Schedule 4.","sortOrder":9},{"sectionNumber":"Division 1","sectionType":"division","heading":"Constitution of Assembly","content":"An Act to provide for the Government of the Australian Capital Territory, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Capital Territory (Self‑Government) Act 1988.\n\n#### 2 Commencement\n\n  (1) Section 1 and this section commence on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Assembly means the Legislative Assembly for the Australian Capital Territory established by section 8.\n\n> Attorney‑General of the Territory means the Minister who has the responsibility for the administration of justice in the Territory.\n\n> casual vacancy means a vacancy in the membership of the Assembly occurring otherwise than because of section 10 or 16.\n\n> Chief Magistrate means the Chief Magistrate appointed under the Magistrates Court Act 1930 of the Territory.\n\n> Chief Minister means the Chief Minister elected under section 40.\n\n> commencing day means the day on which section 22 commences.\n\n> Commissioner means a Commissioner appointed under section 16.\n\n> Commonwealth Gazette means the Commonwealth of Australia Gazette.\n\n> Commonwealth Minister means the Minister of State administering this Act, and has the additional meaning given by section 19 of the Acts Interpretation Act 1901.\n\n> Deputy Chief Minister means the Deputy Chief Minister appointed under section 44.\n\n> Deputy Presiding Officer means the person (if any) elected under subsection 21(2).\n\n> elector of the Territory means a person who is entitled to vote at a general election.\n\n> enactment means:\n\n    (a) a law (however described or entitled) made by the Assembly under this Act; or\n    (b) a law, or part of a law, that is an enactment because of section 34.\n\n> Executive means the Australian Capital Territory Executive established by section 36.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> general election means a general election of members of the Assembly.\n\n> judicial commission means a body or authority established by the Assembly having the function (whether alone or together with another body or authority of the Territory) of investigating, and reporting to the Attorney‑General of the Territory on, complaints concerning the conduct or the physical or mental capacity of a judicial officer.\n\n> judicial officer means:\n\n    (a) the Chief Justice of the Supreme Court; or\n    (b) a Judge (other than an additional Judge) of the Supreme Court; or\n    (c) the Master of the Supreme Court; or\n    (d) the Chief Magistrate; or\n    (e) a Magistrate; or\n    (f) any other judicial office holder or member of a tribunal specified in an enactment relating to the establishment of a judicial commission for the Territory.\n\n> Magistrate means a Magistrate (other than a Special Magistrate) appointed under the Magistrates Court Act 1930 of the Territory.\n\n> meeting means a meeting of the Assembly.\n\n> member means a member of the Assembly.\n\n> Minister means the Chief Minister or a Minister appointed under section 41.\n\n> Presiding Officer means the officer elected under section 11, by whatever title determined by the Assembly.\n\n> public money of the Territory means revenues, loans and other money received by the Territory.\n\n> resolution of no confidence means a resolution passed in accordance with section 19.\n\n> subordinate law means an instrument of a legislative nature (including a regulation, rule or by‑law) made under an enactment.\n\n> Supreme Court means the Supreme Court of the Territory existing under the Supreme Court Act 1933 of the Territory.\n\n> Territory:\n\n    (a) when used in a geographical sense, means the Australian Capital Territory; and\n    (b) when used in any other sense, means the body politic established by section 7.\n\n> Territory authority:\n\n    (a) except in Part VII—means a body, whether corporate or not:\n    (i) established by or under enactment; or\n    (ii) otherwise established by the Executive; or\n    (b) in Part VII—means a body corporate established for a public purpose by or under enactment and having power to borrow money.\n\n> Territory Gazette means the Australian Capital Territory Gazette.\n\n#### 4 Meaning of day on which election held\n\n  A reference in this Act to the day on which an election has been, is, or is to be, held, is a reference to the polling day for that election.\n\n#### 5 Meaning of day on which result of election declared\n\n  Where the results of a general election are declared on different days, a reference in this Act to the day on which the result of the election is declared is a reference to the last of those days.\n\n#### 6 Powers includes functions and duties\n\n  In this Act, unless the contrary intention appears:\n    (a) a reference to powers includes a reference to functions or duties; and\n    (b) a reference to the exercise of powers includes a reference to the performance of functions or duties.\n\n## Part II—Australian Capital Territory\n\n#### 7 Establishment of body politic\n\n  The Australian Capital Territory is established as a body politic under the Crown by the name of the Australian Capital Territory.\n\n## Part III—Legislative Assembly\n\n### Division 1—Constitution of Assembly\n\n#### 8 Legislative Assembly\n\n  (1) There shall be a Legislative Assembly for the Australian Capital Territory.\n  (2) The Assembly is to consist of:\n    (a) such number of members as is provided by enactment (subject to subsection (3)); or\n    (b) until provision is made—17 members.\n  (3) An enactment providing for the number of members of the Assembly (or an enactment amending or repealing such an enactment) has no effect unless it is passed by a number of members at least equal to two‑thirds of the number of members provided for, at that time, by or in accordance with subsection (2).\n  (4) Subsection (3) has effect despite anything else in this Act.\n\n#### 9 Oath or Affirmation of Allegiance\n\n  (1) A member shall, before taking his or her seat, make and subscribe an oath or affirmation in accordance with the form in Schedule 1.\n  (2) The oath or affirmation shall be made before the Chief Justice of the Supreme Court of the Australian Capital Territory or some person authorised by the Chief Justice.\n  (3) This section has effect subject to any enactment.\n\n#### 10 Term of office of member\n\n  The term of office of a member duly elected begins at the end of the day on which the election of the member is declared and, unless sooner ended by resignation or disqualification, or by dissolution of the Assembly, ends on the polling day for the next general election.\n\n#### 11 Presiding Officer of Assembly\n\n  (1) At the first meeting of the Assembly after a general election, the members present shall, before any other business, elect one of their number to be the Presiding Officer of the Assembly.\n  (2) The title of the Presiding Officer shall be determined by the Assembly.\n  (3) If there is a vacancy in the office of Presiding Officer (not because of a dissolution of the Assembly), then:\n    (a) if the vacancy happens at a meeting, the members present shall, before any further business, elect one of their number to be the Presiding Officer; or\n    (b) if the vacancy happens at any other time, at the next meeting the members present shall, before any other business, elect one of their number to be the Presiding Officer.\n  (4) This section does not prevent the Assembly from appointing a person to preside at meetings in the absence of the Presiding Officer, but a person holding office as a Minister shall not be so appointed.\n\n#### 12 Vacation of office by Presiding Officer\n\n  (1) A person holding office as Presiding Officer vacates the office:\n    (a) immediately before a Presiding Officer is elected at the first meeting of the Assembly after a general election;\n    (b) when the person resigns office as Presiding Officer;\n    (c) when the person ceases to be a member of the Assembly (not because of a general election); or\n    (d) when an absolute majority of the members of the Assembly vote in favour of the person’s removal from office.\n  (2) A person who has vacated the office of Presiding Officer may be re‑elected.\n\n#### 13 Resignation of members\n\n  (1) A member may resign office as a member by written notice delivered to a person authorised by the Assembly to receive it.\n  (2) The Presiding Officer may resign office as Presiding Officer by written notice delivered to a person authorised by the Assembly to receive it.\n  (3) The person receiving a notice of resignation must arrange for it to be laid before the Assembly as soon as practicable after receiving that notice.\n\n#### 14 Disqualification of member\n\n  (1) A member vacates office if the member:\n    (a) at any time after the beginning of the first meeting of the Assembly after a general election, is not qualified to take a seat as a member;\n    (b) is absent without permission of the Assembly from:\n    (i) such number of consecutive meetings as is specified by enactment for the purposes of this subparagraph; or\n    (ii) if no such enactment is in force—4 consecutive meetings of the Assembly; or\n    (c) takes or agrees to take, directly or indirectly, any remuneration, allowance, honorarium or reward for services rendered in the Assembly, otherwise than under section 73.\n  (2) A person who has vacated an office of member may be re‑elected.\n  (3) Paragraph (1)(c) does not apply to a superannuation scheme:\n    (a) that is established by or under an enactment; and\n    (b) under which any or all of the following benefits are provided:\n    (i) benefits for a person upon ceasing to hold an office of member;\n    (ii) benefits for a person who is or was a member in the event of the permanent or temporary disability of the person;\n    (iii) benefits for dependants of a person who is or was a member in the event of the death of the person.\n  (4) In subsection (3):\n\n> dependant has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n#### 15 Conflict of interest\n\n  (1) A member of the Assembly who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Territory or a Territory authority shall not take part in a discussion of a matter, or vote on a question, in a meeting of the Assembly where the matter or question relates directly or indirectly to that contract.\n  (2) A question concerning the application of subsection (1) shall be decided by the Assembly, and a contravention of that subsection does not invalidate anything done by the Assembly.\n\n#### 16 Dissolution of Assembly by Governor‑General\n\n  (1) If, in the opinion of the Governor‑General, the Assembly:\n    (a) is incapable of effectively performing its functions; or\n    (b) is conducting its affairs in a grossly improper manner;\n  the Governor‑General may dissolve the Assembly.\n  (2) Where the Assembly is dissolved:\n    (a) the Governor‑General:\n    (i) shall appoint a Commissioner for the purposes of this section; and\n    (ii) may, at any time, give directions to the Commissioner about the exercise of the powers of the Executive; and\n    (b) a general election shall be held on a day specified by the Commonwealth Minister by notice published in the Commonwealth Gazette, being not earlier than 36 days, nor later than 90 days, after the dissolution of the Assembly.\n  (3) The Commonwealth Minister shall not specify a day that is the polling day for an election of the Senate or a general election of the House of Representatives.\n  (4) The Commissioner:\n    (a) shall exercise all the powers of the Executive in accordance with any directions given by the Governor‑General; and\n    (b) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General.\n  (5) The Commissioner shall be paid such remuneration and allowances as are determined by the Governor‑General.\n  (6) Unless sooner terminated by the Governor‑General, the term of office of the Commissioner ceases at the beginning of the first meeting of the Assembly held after the next general election.\n  (7) The powers of the Governor‑General under this section shall be exercised by Proclamation.\n  (8) The Commonwealth Minister shall cause a statement of the reasons for the dissolution to be:\n    (a) published in the Commonwealth Gazette as soon as practicable after the day of the dissolution; and\n    (b) laid before each House of the Parliament within 15 sitting days of that House after the day of the dissolution.\n  (9) A person holding office, or acting as, Chief Executive of the Chief Minister’s Department must not be appointed as a Commissioner under this section.\n  (10) If the name of the office of Chief Executive, or of the Chief Minister’s Department, is changed, a reference in subsection (9) to that office or Department is to be taken to be a reference to the office or Department under the new name.\n\n### Division 2—Procedure of Assembly\n\n#### 17 Times of meetings\n\n  (1) Subject to subsection (3), the Assembly shall meet:\n    (a) within 7 days after the result of a general election is declared; and\n    (b) within 7 days after a written request for a meeting, signed by such number of members as is fixed by enactment, is delivered to the Presiding Officer.\n  (2) The Presiding Officer shall, by notice published in the Territory Gazette, convene a meeting when it is necessary to do so to comply with subsection (1).\n  (3) If the Presiding Officer is required by subsection (2) to convene a meeting within a particular period and:\n    (a) the office of Presiding Officer is vacant, whether or not a person has been previously elected to the office; or\n    (b) the Presiding Officer is unable, or refuses or fails, to convene a meeting within that period;\n  the Commonwealth Minister shall, by notice published in the Commonwealth Gazette, convene the meeting within that period or, if that is not practicable, within 7 days after that period.\n\n#### 18 Procedure at meetings\n\n  (1) At a meeting of the Assembly, a quorum is formed by an absolute majority of the members.\n  (2) Questions arising at a meeting shall be decided by a majority of the votes of the members present and voting, unless a special majority is required by the standing rules and orders.\n  (3) The member presiding at a meeting has a deliberative vote only, and, if the votes on a question are equal, the question shall pass in the negative.\n  (4) Subject to subsection 15(1) and to the standing rules and orders, the Presiding Officer shall preside at all meetings of the Assembly at which he or she is present.\n\n#### 19 Resolution of no confidence in Chief Minister\n\n  A resolution of no confidence in the Chief Minister has no effect unless:\n    (a) it affirms a motion that is expressed to be a motion of no confidence in the Chief Minister;\n    (b) at least one week’s notice of the motion has been given in accordance with the standing rules and orders; and\n    (c) the resolution is passed by at least the number of members necessary to be a quorum.\n\n#### 20 Minutes of meetings\n\n  (1) The Assembly shall cause minutes to be kept of meetings.\n  (2) A copy of any minutes so kept shall, on request made by a person:\n    (a) be made available for inspection by the person; or\n    (b) be supplied to the person on payment of such fee (if any) as is fixed by or under enactment.\n  (3) Subsection (2) does not apply to minutes of a committee meeting held in private.\n\n#### 21 Standing rules and orders\n\n  (1) Subject to this Act, the Assembly may make standing rules and orders with respect to the conduct of business.\n  (2) Without limiting the generality of subsection (1), standing rules and orders may be made:\n    (a) for the election of a deputy (however titled) to the Presiding Officer; and\n    (b) conferring on that deputy such powers as are specified in the rules and orders (including powers of the Presiding Officer under this Act).\n\n## Part IV—Powers of Legislative Assembly\n\n#### 22 Power of Assembly to make laws\n\n  (1) Subject to this Part and Part VA, the Assembly has power to make laws for the peace, order and good government of the Territory.\n  (2) The power to make laws extends to the power to make laws with respect to the exercise of powers by the Executive.\n\n#### 23 Matters excluded from power to make laws\n\n  (1) Subject to this section, the Assembly has no power to make laws with respect to:\n    (a) the acquisition of property otherwise than on just terms;\n    (c) the provision by the Australian Federal Police of police services in relation to the Territory;\n    (d) the raising or maintaining of any naval, military or air force;\n    (e) the coining of money;\n    (g) the classification of materials for the purposes of censorship.\n  (2) The regulations may omit any of the paragraphs in subsection (1) or reduce the scope of any of those paragraphs.\n\n#### 24 Powers, privileges and immunities of Assembly\n\n  (1) In this section:\n\n> powers includes privileges and immunities, but does not include legislative powers.\n\n  (2) Without limiting the generality of section 22, the Assembly may also make laws:\n    (a) declaring the powers of the Assembly and of its members and committees, but so that the powers so declared do not exceed the powers for the time being of the House of Representatives or of its members or committees; and\n    (b) providing for the manner in which powers so declared may be exercised or upheld.\n  (3) Until the Assembly makes a law with respect to its powers, the Assembly and its members and committees have the same powers as the powers for the time being of the House of Representatives and its members and committees.\n  (4) Nothing in this section empowers the Assembly to imprison or fine a person.\n\n#### 25 Notification of enactment\n\n  (1) Where a proposed law has been passed by the Assembly, the Chief Minister, or another person authorised by enactment to do so, shall publish in the Territory Gazette a notice of the proposed law having been passed and of the place or places where copies of the law can be purchased.\n  (2) Where a proposed law is notified in the Territory Gazette, it takes effect upon the day of notification or, if the proposed law otherwise provides, as so provided.\n  (3) At the time of publication of the notice under subsection (1) of the passing of a proposed law or as soon as practicable thereafter, copies of the law shall be made available for purchase at the place, or at each of the places, specified in the notice.\n  (4) Where, on the day of publication of the notice under subsection (1) of the passing of a proposed law, there are no copies of the law available for purchase at the place, or at one or more of the places, specified in the notice, the Chief Minister shall cause to be laid before the Assembly, within 15 sitting days of the Assembly after that day, a statement that copies of the law were not so available and the reason why they were not so available.\n  (5) Failure to comply with the requirements of subsection (3) or (4) in relation to a proposed law shall not be taken to constitute a failure to comply with subsection (1).\n  (6) Subsections (1) to (5) (inclusive) cease to have effect on and after the commencement of an enactment providing for:\n    (a) the publication of a notice of the passing of a proposed law by the Assembly otherwise than under subsection (1); and\n    (b) the commencement of such a proposed law.\n\n#### 26 Special procedures for making certain enactments\n\n  (1) The Assembly may pass a law (in this section called the entrenching law) prescribing restrictions on the manner and form of making particular enactments (which may include enactments amending or repealing the entrenching law).\n  (2) The entrenching law shall be submitted to a referendum of the electors of the Territory as provided by enactment.\n  (3) If a majority of the electors approve the entrenching law, it takes effect as provided by section 25.\n  (4) While the entrenching law is in force, an enactment to which it applies has no effect unless made in accordance with the entrenching law.\n  (5) If an entrenching law includes the requirement (however expressed) that an enactment or enactments be passed by a specified majority of the members (in this subsection called a special majority), the same requirement shall be taken to apply to the entrenching law, so that it must be passed by:\n    (a) that special majority; or\n    (b) if it specifies different special majorities for different enactments—the highest of those special majorities.\n  (6) If an entrenching law passed by the Assembly:\n    (a) includes the requirement (however expressed) that an enactment or enactments be submitted to a referendum of the electors of the Territory; and\n    (b) includes provision (however expressed) that, to have effect, the referendum is to be passed by a specified majority of the electors (in this subsection called a special majority);\n  the same requirement shall be taken to apply to the entrenching law, so that the reference in subsection (3) to a majority of the electors shall be taken to be a reference to:\n    (c) that special majority; or\n    (d) if the entrenching law specifies different special majorities for different enactments—the highest of those special majorities.\n\n#### 27 Crown may be bound\n\n  Except as provided by the regulations, an enactment does not bind the Crown in right of the Commonwealth.\n\n#### 28 Inconsistency with other laws\n\n  (1) A provision of an enactment has no effect to the extent that it is inconsistent with a law defined by subsection (2), but such a provision shall be taken to be consistent with such a law to the extent that it is capable of operating concurrently with that law.\n  (2) In this section:\n\n> law means:\n\n    (a) a law in force in the Territory (other than an enactment or a subordinate law); or\n    (b) an order or determination, or any other instrument of a legislative character, made under a law falling within paragraph (a).\n\n> Note: Sections 29 and 40 of the Fair Work Act 2009 deals with inconsistency between awards and agreements made under that Act, and laws of the Territory.\n\n#### 29 Avoidance of application of enactments to Parliament\n\n  (1) In this section:\n\n> enactment includes a part of an enactment.\n\n> Parliamentary precincts means the precincts defined by subsection 3(1) of the Parliamentary Precincts Act 1988.\n\n  (2) If either House of the Parliament passes a resolution declaring that an enactment made after the commencing day does not apply:\n    (a) to that House;\n    (b) to the members of that House; or\n    (c) in the Parliamentary precincts;\n  the resolution has effect according to its tenor and the enactment does not apply accordingly.\n  (3) A resolution under subsection (2):\n    (a) does not have effect in respect of the application of an enactment on a day before the day on which the resolution is passed; and\n    (b) has effect, to the extent that the enactment ceases to apply, as if the enactment were repealed by another enactment.\n\n#### 30 Judicial notice\n\n  All courts, judges and persons acting judicially shall take judicial notice of enactments and subordinate laws.\n\n#### 31 Publication of enactments\n\n  The Executive shall publish copies of enactments and subordinate laws and make them available for purchase by the public.\n\n#### 33 Application of Acts Interpretation Act\n\n  Neither paragraph 46(1)(a) of the Acts Interpretation Act 1901 nor paragraph 13(1)(a) or (b) of the Legislation Act 2003 applies to:\n    (a) an enactment;\n    (b) a subordinate law; or\n    (c) an instrument required by this Act to be published in the Territory Gazette.\n\n#### 34 Certain laws converted into enactments\n\n  (1) In this section:\n\n> Imperial Act has the same meaning as in the Imperial Acts Application Ordinance 1986 of the Territory.\n\n> law includes a provision of a law.\n\n  (2) A law specified in Schedule 2 shall be taken to be an enactment, and may be amended or repealed accordingly.\n  (4) A law (other than a law of the Commonwealth) that, immediately before the commencing day:\n    (a) was in force in the Territory; and\n    (b) was an Ordinance, an Act of the Parliament of New South Wales or an Imperial Act;\n  shall be taken to be an enactment, and may be amended or repealed accordingly.\n  (5) Subsection (4) does not apply to a law specified in Schedule 5.\n  (9) This section does not limit the power of the Assembly to make laws with respect to the common law.\n\n## Part V—The Executive\n\n#### 36 Australian Capital Territory Executive\n\n  There shall be an Australian Capital Territory Executive.\n\n#### 37 General powers of Executive\n\n  The Executive has the responsibility of:\n    (a) governing the Territory with respect to matters specified in Schedule 4;\n    (b) executing and maintaining enactments and subordinate laws;\n    (c) exercising such other powers as are vested in the Executive by or under a law in force in the Territory or an agreement or arrangement between the Territory and the Commonwealth, a State or another Territory; and\n    (d) exercising prerogatives of the Crown so far as they relate to the Executive’s responsibility mentioned in paragraph (a), (b) or (c).\n\n#### 38 Executive matters not limited by Schedule 4\n\n  A matter specified in Schedule 4 does not limit the generality of any other matter specified in that Schedule.\n\n#### 38A Executive’s powers under Commonwealth Acts\n\n  An enactment may provide for the exercise by a member or members of the Executive of powers vested in the Executive by or under an Act.\n\n#### 39 Membership of Executive\n\n  (1) The members of the Executive are the Chief Minister and such other Ministers as are appointed by the Chief Minister.\n  (2) The exercise of the powers of the Executive is not affected merely because of a vacancy or vacancies in the membership of the Executive.\n\n#### 40 Chief Minister for the Territory\n\n  (1) At the first meeting of the Assembly after a general election, the members present shall, after electing a Presiding Officer and before any other business, elect one of their number to be the Chief Minister for the Territory.\n  (2) If there is a vacancy in the office of Chief Minister (not because of a dissolution of the Assembly), then:\n    (a) if the vacancy happens at a meeting, the members present shall elect one of their number to be the Chief Minister; or\n    (b) if the vacancy happens at any other time, the Presiding Officer shall, by notice published in the Territory Gazette, convene a meeting as soon as practicable and, at the meeting, the members present shall elect one of their number to be the Chief Minister.\n  (3) If a resolution of no confidence in the Chief Minister is passed, the members present shall elect one of their number to be the Chief Minister.\n\n#### 41 Ministers for the Territory\n\n  (1) The Chief Minister must appoint Ministers for the Territory from among the members of the Assembly.\n  (2) The number of Ministers is to be as provided by enactment.\n  (2A) Until provision is made, the number of Ministers is not to exceed 5.\n  (3) A Minister may be dismissed from office at any time by a person holding office as Chief Minister at that time.\n\n#### 42 Presiding Officer or Deputy Presiding Officer not to be a Minister\n\n  The person for the time being holding office as Presiding Officer or Deputy Presiding Officer is not eligible to be a Minister.\n\n#### 43 Ministerial portfolios\n\n  (1) A Minister shall administer such matters relating to the powers of the Executive as are allocated to that Minister from time to time by the Chief Minister.\n  (2) The Chief Minister may authorise a Minister or Ministers to act on behalf of the Chief Minister or any other Minister.\n  (3) The Chief Minister shall publish particulars of such arrangements in the Territory Gazette.\n\n#### 44 Deputy Chief Minister for the Territory\n\n  (1) The Chief Minister shall appoint one of the Ministers to be Deputy Chief Minister for the Territory.\n  (2) The Deputy Chief Minister shall act as Chief Minister at any time when there is a vacancy in the office of Chief Minister or the Chief Minister is absent from duty or from Australia or is, for any other reason, unable to exercise the powers of Chief Minister.\n  (3) While the Deputy Chief Minister is acting as Chief Minister, he or she shall exercise all the powers of the Chief Minister other than the dismissal of a Minister.\n  (4) The exercise of the powers of the Chief Minister by the Deputy Chief Minister during the absence of the Chief Minister from Australia does not affect the exercise of a power by the Chief Minister.\n\n#### 45 Resignation of Ministers\n\n  (1) The Chief Minister may resign office as Chief Minister by written notice delivered to the Presiding Officer.\n  (2) Any other Minister may resign office as Minister by written notice delivered to the Chief Minister.\n\n#### 46 Vacation of office by Ministers\n\n  (1) A person holding office as Chief Minister vacates the office:\n    (a) when the person resigns the office; or\n    (b) when the person ceases to be a member (not because of a general election); or\n    (c) immediately before a Chief Minister is elected after:\n    (i) the next general election; or\n    (ii) the passing of a resolution of no confidence in the Chief Minister.\n  (1A) A person holding office as a Minister (other than the Chief Minister) vacates the office:\n    (a) when the person resigns the office; or\n    (b) when the person ceases to be a member (not because of a general election); or\n    (c) when the person is dismissed from office by the Chief Minister; or\n    (d) immediately before another Chief Minister is elected after:\n    (i) the next general election; or\n    (ii) the passing of a resolution of no confidence in the Chief Minister.\n  (2) A person who has vacated an office of Minister may be re‑elected or re‑appointed.\n\n#### 47 Vacancies in all Ministerial offices\n\n  (1) If:\n    (a) at any time after the election of a Chief Minister, all the Ministerial offices (including the office of Chief Minister) have become vacant; and\n    (b) it is necessary to exercise powers of the Executive for the purpose of maintaining the provision and control of essential services;\n  the Commonwealth Minister may exercise those powers for that purpose until a Chief Minister is elected.\n  (2) Subsection (1) does not apply where the vacancies result from a dissolution of the Assembly.\n\n#### 48 Resolution of no confidence in Chief Minister\n\n  (2) If:\n    (a) on a particular day, the Assembly passes a resolution of no confidence in the Chief Minister;\n    (b) the Assembly does not, within the period of 30 days after that day, elect a Chief Minister; and\n    (c) the Governor‑General does not, within that period of 30 days, dissolve the Assembly under section 16;\n  a general election shall be held on a day specified by the Commonwealth Minister by notice published in the Commonwealth Gazette, being not earlier than 36 days, nor later than 90 days, after the end of that period of 30 days.\n  (3) The Commonwealth Minister shall not specify a day that is the polling day for an election of the Senate or a general election of the House of Representatives.\n\n## Part VA—The Judiciary\n\n#### 48A Jurisdiction and powers of the Supreme Court\n\n  (1) The Supreme Court is to have all original and appellate jurisdiction that is necessary for the administration of justice in the Territory.\n  (2) In addition, the Supreme Court may have such further jurisdiction as is conferred on it by any Act, enactment or Ordinance, or any law made under any Act, enactment or Ordinance.\n  (3) The Supreme Court is not bound to exercise any powers where it has concurrent jurisdiction with another court or tribunal.\n\n#### 48AA ACT laws may give concurrent jurisdiction to the Federal Court of Australia\n\n  Nothing in section 48A is to be taken to imply that a law of the Australian Capital Territory may not confer on the Federal Court of Australia original or appellate jurisdiction in any matter in respect of which, by virtue of section 48A, jurisdiction is conferred on the Supreme Court.\n\n#### 48B Retirement age of Judges etc. of the Supreme Court\n\n  (1) This section applies to the following offices:\n    (a) Chief Justice of the Supreme Court;\n    (b) Judge (other than additional Judge) of the Supreme Court;\n    (c) Master of the Supreme Court.\n  (2) An enactment that changes the retirement age in relation to an office to which this section applies does not affect the term of office of a person who was appointed to such an office before the commencement of that enactment unless the person has consented in writing to the application of the enactment to him or her.\n\n#### 48C Judicial commission\n\n  (1) An enactment relating to the establishment of a judicial commission for the Territory must provide that:\n    (a) the commission is to be constituted by persons who:\n    (i) have been Justices of the High Court or are, or have been, Judges of a superior court of record of the Commonwealth or of a State or Territory (other than persons who are Judges of the Supreme Court of the Territory appointed under subsection 7(1) of the Supreme Court Act 1933 of the Territory); and\n    (ii) are appointed by the Executive for such terms as are determined in accordance with the enactment; and\n    (b) the commission is to have the function (whether alone or together with another body or authority of the Territory) of investigating, and reporting to the Attorney‑General of the Territory on, complaints concerning the conduct or the physical or mental capacity of a judicial officer.\n  (2) A judicial commission may have functions in addition to the function mentioned in paragraph (1)(b).\n\n#### 48D Removal of a judicial officer from office\n\n  An enactment relating to the removal from office of a judicial officer must provide that:\n    (a) a judicial officer may only be removed from office if:\n    (i) a judicial commission appointed by the Executive to examine a complaint concerning the judicial officer has submitted to the Attorney‑General of the Territory a report that:\n    (A) sets out the facts found by the commission in relation to the subject matter of the complaint; and\n    (B) states that, in the commission’s opinion, the facts so found could amount to misbehaviour or physical or mental incapacity (as the case may be) warranting the officer’s removal from office; and\n    (ii) the Assembly:\n    (A) has determined that the facts so found amount to misbehaviour or physical or mental incapacity identified by the commission; and\n    (B) has passed a motion requiring the Executive to remove the officer from office on the ground of that misbehaviour or incapacity; and\n    (b) a judicial officer may only be removed from office by the Executive in writing.\n\n## Part VII—Finance\n\n#### 57 Public money\n\n  (1) The public money of the Territory shall be available for the expenditure of the Territory.\n  (2) The receipt, spending and control of public money of the Territory shall be regulated as provided by enactment.\n\n#### 58 Withdrawals of public money\n\n  (1) Subject to subsection 16(4), no public money of the Territory shall be issued or spent except as authorised by enactment.\n  (2) The public money of the Territory may be invested as provided by enactment.\n\n#### 59 Financial relations between Commonwealth and Territory\n\n  (1) The Commonwealth shall conduct its financial relations with the Territory so as to ensure that the Territory is treated on the same basis as the States and the Northern Territory, while having regard to the special circumstances arising from the existence of the national capital and the seat of government of the Commonwealth in the Territory.\n  (2) The Territory is not liable to bear the cost, or part of the cost, of:\n    (a) any power of the Commonwealth relating to a matter referred to in section 23;\n    (b) administering a law, or a provision of a law, referred to in Schedule 5; or\n    (c) any other power of the Commonwealth, or of a Commonwealth authority, relating to the Territory.\n\n#### 60 Borrowing from Commonwealth\n\n  The Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Territory or to a Territory authority on such terms and conditions as that Minister determines in writing.\n\n#### 65 Proposal of money votes\n\n  (1) An enactment, vote or resolution (proposal) for the appropriation of the public money of the Territory must not be proposed in the Assembly except by a Minister.\n  (2) Subsection (1) does not prevent a member other than a Minister from moving an amendment to a proposal made by a Minister unless the amendment is to increase the amount of public money of the Territory to be appropriated.\n\n## Part VIII—Elections to Assembly\n\n#### 66 Interpretation\n\n  In this Part:\n\n> electoral enactment means an enactment described in subsection 67A(1).\n\n#### 66A Part to bind Crown\n\n  This Part binds the Crown in right of the Territory, but nothing in this Act renders the Crown liable to be prosecuted for an offence.\n\n#### 66B Election of members\n\n  The members are to be elected in accordance with this Part.\n\n#### 67 Qualifications of candidates\n\n  (1) The qualifications of a person to be elected and take a seat as a member shall be as provided by enactment.\n\n#### 67A General elections\n\n  (1) The members to be elected at a general election are to be elected as provided by sections 67, 67C and 67D and by an enactment that:\n    (a) provides for general elections; and\n    (b) complies with section 67B; and\n    (c) was made after polling day for the second general election.\n\n#### 67B Electoral enactment\n\n  An electoral enactment is to provide, among other things:\n    (a) for the times of general elections; and\n    (b) for a Roll of the electors of the Territory for the purposes of general elections; and\n    (c) that every person who is entitled to be enrolled on that Roll and who is resident in the Territory is required to claim enrolment; and\n    (d) if the electoral enactment provides for the distribution of the Territory into electorates—that a redistribution of the Territory into electorates is to commence not later than 6 years after the previous distribution or redistribution.\n\n#### 67C Qualifications of electors\n\n  (1) At a general election held on a particular day, a person is entitled to vote if:\n    (a) on that day, the person’s name is on the Roll of the electors of the Territory for the purposes of general elections; and\n    (b) the person would be entitled to vote at an election held on that day to choose a member of the House of Representatives for the Territory.\n  (2) A person’s name is taken not to be on the Roll for the purposes of paragraph (1)(a) if an electoral enactment so provides.\n  (3) This section does not prevent an electoral enactment from providing that other persons, in addition to persons entitled under subsection (1), be entitled to vote at a general election.\n\n#### 67D Territory electorates\n\n  (1) In this section:\n\n> quota, in relation to an electorate for the Territory, means the number calculated in accordance with the formula:\n\n> ![Start formula start fraction Number of Territory electors times Number of electorate members over Number of Territory members end fraction end formula](image.002.png)\n\n  where:\n\n> Number of Territory electors means the number of electors of the Territory.\n\n> Number of electorate members means the number of members to be elected by the electorate.\n\n> Number of Territory members means the number of members of the Assembly.\n\n  (2) A distribution or redistribution of the Territory into electorates is not to result in any electorate having, immediately after the distribution or redistribution:\n    (a) a number of electors of the Territory greater than 110% of its quota; or\n    (b) a number of electors of the Territory less than 90% of its quota.\n\n## Part IX—Miscellaneous\n\n#### 69A Acts that bind States to bind Territory\n\n  (1) If an Act (whether or not by express provision) binds each of the States, or the Crown in right of each of the States, that Act binds the Territory, or the Crown in right of the Territory, by force of this subsection, unless that Act specifically provides otherwise.\n  (2) Subsection (1) does not affect the application of a law of the Commonwealth in and in relation to the Territory otherwise than as provided in that subsection.\n\n#### 69 Trade and commerce to be free\n\n  (1) Subject to subsection (2), trade, commerce and intercourse between the Territory and a State, and between the Territory and the Northern Territory, Norfolk Island, the Jervis Bay Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands, shall be absolutely free.\n  (2) Subsection (1) does not bind the Commonwealth.\n\n#### 70 Validity of certain actions\n\n  (1) In subsection (2):\n\n> office means the office of Chief Minister, Deputy Chief Minister, Minister, Presiding Officer, Deputy Presiding Officer or Commissioner.\n\n  (2) Anything done by or in relation to a person who has been elected or appointed to an office, or a person purporting to act in an office, under this Act is not invalid on the ground that:\n    (a) the occasion for the election or appointment had not arisen;\n    (b) there was a defect or irregularity in connection with the election or appointment;\n    (c) the election or appointment had ceased to have effect; or\n    (d) the occasion for the person to act had not arisen or had ceased.\n  (3) Anything done by or in relation to a person who has purported to sit or vote as a member at a meeting of the Assembly or of a committee is not invalid on the ground that the person:\n    (a) was not duly elected or chosen; or\n    (b) had vacated office as a member.\n\n#### 73 Remuneration and allowances\n\n  (1) In this section:\n\n> office means any of the following offices:\n\n    (a) Chief Minister;\n    (b) Deputy Chief Minister;\n    (c) Minister;\n    (d) member;\n    (e) Presiding Officer;\n    (f) Deputy Presiding Officer;\n    (fa) Chief Justice of the Supreme Court;\n    (fb) Judge of the Supreme Court;\n    (fc) Master of the Supreme Court;\n    (fd) Chief Magistrate;\n    (fe) Magistrate;\n    (g) an office declared by an enactment to be an office to which this section applies.\n  (2) Subject to subsection (3A) of this section and subsection 29A(2) of the A.C.T. Self‑Government (Consequential Provisions) Act 1988, a person is, in respect of services in an office, to be paid such remuneration and allowances:\n    (a) if they are determined or specified by or under an enactment—as so determined or specified; or\n    (b) in any other case—as are determined by the Remuneration Tribunal.\n  (3A) The remuneration and allowances of a person holding an office specified in paragraph (1)(fa), (fb), (fc), (fd) or (fe) are not to be diminished while the person holds that office.\n  (4) Where:\n    (a) the term of office of a person as member ends on the polling day for a general election; and\n    (b) the person is re‑elected at that general election;\n  then, for the purposes of this section, the person shall be taken to have continued to serve in the office of member until the day on which the election of the person is declared.\n  (5) Where:\n    (a) the term of office of a person as member ends because the Assembly is dissolved under section 16; and\n    (b) the person is a candidate at the next general election;\n  then, for the purposes of this section, the person shall be taken to have continued to serve in the office of member until the polling day for that general election or, if the person is re‑elected, until the day on which the election of the person is declared.\n\n#### 74 Regulations\n\n  The Governor‑General may make regulations:\n    (a) prescribing matters:\n    (i) required or permitted by this Act to be prescribed; or\n    (ii) necessary or convenient to be prescribed for carrying out or giving effect to this Act; and\n    (b) adding further matters to Schedule 4.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Legislative Assembly","content":"#### 8 Legislative Assembly\n\n  (1) There shall be a Legislative Assembly for the Australian Capital Territory.\n  (2) The Assembly is to consist of:\n    (a) such number of members as is provided by enactment (subject to subsection (3)); or\n    (b) until provision is made—17 members.\n  (3) An enactment providing for the number of members of the Assembly (or an enactment amending or repealing such an enactment) has no effect unless it is passed by a number of members at least equal to two‑thirds of the number of members provided for, at that time, by or in accordance with subsection (2).\n  (4) Subsection (3) has effect despite anything else in this Act.","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Oath or Affirmation of Allegiance","content":"#### 9 Oath or Affirmation of Allegiance\n\n  (1) A member shall, before taking his or her seat, make and subscribe an oath or affirmation in accordance with the form in Schedule 1.\n  (2) The oath or affirmation shall be made before the Chief Justice of the Supreme Court of the Australian Capital Territory or some person authorised by the Chief Justice.\n  (3) This section has effect subject to any enactment.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Term of office of member","content":"#### 10 Term of office of member\n\n  The term of office of a member duly elected begins at the end of the day on which the election of the member is declared and, unless sooner ended by resignation or disqualification, or by dissolution of the Assembly, ends on the polling day for the next general election.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Presiding Officer of Assembly","content":"#### 11 Presiding Officer of Assembly\n\n  (1) At the first meeting of the Assembly after a general election, the members present shall, before any other business, elect one of their number to be the Presiding Officer of the Assembly.\n  (2) The title of the Presiding Officer shall be determined by the Assembly.\n  (3) If there is a vacancy in the office of Presiding Officer (not because of a dissolution of the Assembly), then:\n    (a) if the vacancy happens at a meeting, the members present shall, before any further business, elect one of their number to be the Presiding Officer; or\n    (b) if the vacancy happens at any other time, at the next meeting the members present shall, before any other business, elect one of their number to be the Presiding Officer.\n  (4) This section does not prevent the Assembly from appointing a person to preside at meetings in the absence of the Presiding Officer, but a person holding office as a Minister shall not be so appointed.","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Vacation of office by Presiding Officer","content":"#### 12 Vacation of office by Presiding Officer\n\n  (1) A person holding office as Presiding Officer vacates the office:\n    (a) immediately before a Presiding Officer is elected at the first meeting of the Assembly after a general election;\n    (b) when the person resigns office as Presiding Officer;\n    (c) when the person ceases to be a member of the Assembly (not because of a general election); or\n    (d) when an absolute majority of the members of the Assembly vote in favour of the person’s removal from office.\n  (2) A person who has vacated the office of Presiding Officer may be re‑elected.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Resignation of members","content":"#### 13 Resignation of members\n\n  (1) A member may resign office as a member by written notice delivered to a person authorised by the Assembly to receive it.\n  (2) The Presiding Officer may resign office as Presiding Officer by written notice delivered to a person authorised by the Assembly to receive it.\n  (3) The person receiving a notice of resignation must arrange for it to be laid before the Assembly as soon as practicable after receiving that notice.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Disqualification of member","content":"#### 14 Disqualification of member\n\n  (1) A member vacates office if the member:\n    (a) at any time after the beginning of the first meeting of the Assembly after a general election, is not qualified to take a seat as a member;\n    (b) is absent without permission of the Assembly from:\n    (i) such number of consecutive meetings as is specified by enactment for the purposes of this subparagraph; or\n    (ii) if no such enactment is in force—4 consecutive meetings of the Assembly; or\n    (c) takes or agrees to take, directly or indirectly, any remuneration, allowance, honorarium or reward for services rendered in the Assembly, otherwise than under section 73.\n  (2) A person who has vacated an office of member may be re‑elected.\n  (3) Paragraph (1)(c) does not apply to a superannuation scheme:\n    (a) that is established by or under an enactment; and\n    (b) under which any or all of the following benefits are provided:\n    (i) benefits for a person upon ceasing to hold an office of member;\n    (ii) benefits for a person who is or was a member in the event of the permanent or temporary disability of the person;\n    (iii) benefits for dependants of a person who is or was a member in the event of the death of the person.\n  (4) In subsection (3):\n\n> dependant has the same meaning as in the Superannuation Industry (Supervision) Act 1993.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Conflict of interest","content":"#### 15 Conflict of interest\n\n  (1) A member of the Assembly who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Territory or a Territory authority shall not take part in a discussion of a matter, or vote on a question, in a meeting of the Assembly where the matter or question relates directly or indirectly to that contract.\n  (2) A question concerning the application of subsection (1) shall be decided by the Assembly, and a contravention of that subsection does not invalidate anything done by the Assembly.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Dissolution of Assembly by Governor‑General","content":"#### 16 Dissolution of Assembly by Governor‑General\n\n  (1) If, in the opinion of the Governor‑General, the Assembly:\n    (a) is incapable of effectively performing its functions; or\n    (b) is conducting its affairs in a grossly improper manner;\n  the Governor‑General may dissolve the Assembly.\n  (2) Where the Assembly is dissolved:\n    (a) the Governor‑General:\n    (i) shall appoint a Commissioner for the purposes of this section; and\n    (ii) may, at any time, give directions to the Commissioner about the exercise of the powers of the Executive; and\n    (b) a general election shall be held on a day specified by the Commonwealth Minister by notice published in the Commonwealth Gazette, being not earlier than 36 days, nor later than 90 days, after the dissolution of the Assembly.\n  (3) The Commonwealth Minister shall not specify a day that is the polling day for an election of the Senate or a general election of the House of Representatives.\n  (4) The Commissioner:\n    (a) shall exercise all the powers of the Executive in accordance with any directions given by the Governor‑General; and\n    (b) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General.\n  (5) The Commissioner shall be paid such remuneration and allowances as are determined by the Governor‑General.\n  (6) Unless sooner terminated by the Governor‑General, the term of office of the Commissioner ceases at the beginning of the first meeting of the Assembly held after the next general election.\n  (7) The powers of the Governor‑General under this section shall be exercised by Proclamation.\n  (8) The Commonwealth Minister shall cause a statement of the reasons for the dissolution to be:\n    (a) published in the Commonwealth Gazette as soon as practicable after the day of the dissolution; and\n    (b) laid before each House of the Parliament within 15 sitting days of that House after the day of the dissolution.\n  (9) A person holding office, or acting as, Chief Executive of the Chief Minister’s Department must not be appointed as a Commissioner under this section.\n  (10) If the name of the office of Chief Executive, or of the Chief Minister’s Department, is changed, a reference in subsection (9) to that office or Department is to be taken to be a reference to the office or Department under the new name.","sortOrder":19},{"sectionNumber":"Division 2","sectionType":"division","heading":"Procedure of Assembly","content":"An Act to provide for the Government of the Australian Capital Territory, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Australian Capital Territory (Self‑Government) Act 1988.\n\n#### 2 Commencement\n\n  (1) Section 1 and this section commence on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.\n\n#### 3 Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> Assembly means the Legislative Assembly for the Australian Capital Territory established by section 8.\n\n> Attorney‑General of the Territory means the Minister who has the responsibility for the administration of justice in the Territory.\n\n> casual vacancy means a vacancy in the membership of the Assembly occurring otherwise than because of section 10 or 16.\n\n> Chief Magistrate means the Chief Magistrate appointed under the Magistrates Court Act 1930 of the Territory.\n\n> Chief Minister means the Chief Minister elected under section 40.\n\n> commencing day means the day on which section 22 commences.\n\n> Commissioner means a Commissioner appointed under section 16.\n\n> Commonwealth Gazette means the Commonwealth of Australia Gazette.\n\n> Commonwealth Minister means the Minister of State administering this Act, and has the additional meaning given by section 19 of the Acts Interpretation Act 1901.\n\n> Deputy Chief Minister means the Deputy Chief Minister appointed under section 44.\n\n> Deputy Presiding Officer means the person (if any) elected under subsection 21(2).\n\n> elector of the Territory means a person who is entitled to vote at a general election.\n\n> enactment means:\n\n    (a) a law (however described or entitled) made by the Assembly under this Act; or\n    (b) a law, or part of a law, that is an enactment because of section 34.\n\n> Executive means the Australian Capital Territory Executive established by section 36.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> general election means a general election of members of the Assembly.\n\n> judicial commission means a body or authority established by the Assembly having the function (whether alone or together with another body or authority of the Territory) of investigating, and reporting to the Attorney‑General of the Territory on, complaints concerning the conduct or the physical or mental capacity of a judicial officer.\n\n> judicial officer means:\n\n    (a) the Chief Justice of the Supreme Court; or\n    (b) a Judge (other than an additional Judge) of the Supreme Court; or\n    (c) the Master of the Supreme Court; or\n    (d) the Chief Magistrate; or\n    (e) a Magistrate; or\n    (f) any other judicial office holder or member of a tribunal specified in an enactment relating to the establishment of a judicial commission for the Territory.\n\n> Magistrate means a Magistrate (other than a Special Magistrate) appointed under the Magistrates Court Act 1930 of the Territory.\n\n> meeting means a meeting of the Assembly.\n\n> member means a member of the Assembly.\n\n> Minister means the Chief Minister or a Minister appointed under section 41.\n\n> Presiding Officer means the officer elected under section 11, by whatever title determined by the Assembly.\n\n> public money of the Territory means revenues, loans and other money received by the Territory.\n\n> resolution of no confidence means a resolution passed in accordance with section 19.\n\n> subordinate law means an instrument of a legislative nature (including a regulation, rule or by‑law) made under an enactment.\n\n> Supreme Court means the Supreme Court of the Territory existing under the Supreme Court Act 1933 of the Territory.\n\n> Territory:\n\n    (a) when used in a geographical sense, means the Australian Capital Territory; and\n    (b) when used in any other sense, means the body politic established by section 7.\n\n> Territory authority:\n\n    (a) except in Part VII—means a body, whether corporate or not:\n    (i) established by or under enactment; or\n    (ii) otherwise established by the Executive; or\n    (b) in Part VII—means a body corporate established for a public purpose by or under enactment and having power to borrow money.\n\n> Territory Gazette means the Australian Capital Territory Gazette.\n\n#### 4 Meaning of day on which election held\n\n  A reference in this Act to the day on which an election has been, is, or is to be, held, is a reference to the polling day for that election.\n\n#### 5 Meaning of day on which result of election declared\n\n  Where the results of a general election are declared on different days, a reference in this Act to the day on which the result of the election is declared is a reference to the last of those days.\n\n#### 6 Powers includes functions and duties\n\n  In this Act, unless the contrary intention appears:\n    (a) a reference to powers includes a reference to functions or duties; and\n    (b) a reference to the exercise of powers includes a reference to the performance of functions or duties.\n\n## Part II—Australian Capital Territory\n\n#### 7 Establishment of body politic\n\n  The Australian Capital Territory is established as a body politic under the Crown by the name of the Australian Capital Territory.\n\n## Part III—Legislative Assembly\n\n### Division 1—Constitution of Assembly\n\n#### 8 Legislative Assembly\n\n  (1) There shall be a Legislative Assembly for the Australian Capital Territory.\n  (2) The Assembly is to consist of:\n    (a) such number of members as is provided by enactment (subject to subsection (3)); or\n    (b) until provision is made—17 members.\n  (3) An enactment providing for the number of members of the Assembly (or an enactment amending or repealing such an enactment) has no effect unless it is passed by a number of members at least equal to two‑thirds of the number of members provided for, at that time, by or in accordance with subsection (2).\n  (4) Subsection (3) has effect despite anything else in this Act.\n\n#### 9 Oath or Affirmation of Allegiance\n\n  (1) A member shall, before taking his or her seat, make and subscribe an oath or affirmation in accordance with the form in Schedule 1.\n  (2) The oath or affirmation shall be made before the Chief Justice of the Supreme Court of the Australian Capital Territory or some person authorised by the Chief Justice.\n  (3) This section has effect subject to any enactment.\n\n#### 10 Term of office of member\n\n  The term of office of a member duly elected begins at the end of the day on which the election of the member is declared and, unless sooner ended by resignation or disqualification, or by dissolution of the Assembly, ends on the polling day for the next general election.\n\n#### 11 Presiding Officer of Assembly\n\n  (1) At the first meeting of the Assembly after a general election, the members present shall, before any other business, elect one of their number to be the Presiding Officer of the Assembly.\n  (2) The title of the Presiding Officer shall be determined by the Assembly.\n  (3) If there is a vacancy in the office of Presiding Officer (not because of a dissolution of the Assembly), then:\n    (a) if the vacancy happens at a meeting, the members present shall, before any further business, elect one of their number to be the Presiding Officer; or\n    (b) if the vacancy happens at any other time, at the next meeting the members present shall, before any other business, elect one of their number to be the Presiding Officer.\n  (4) This section does not prevent the Assembly from appointing a person to preside at meetings in the absence of the Presiding Officer, but a person holding office as a Minister shall not be so appointed.\n\n#### 12 Vacation of office by Presiding Officer\n\n  (1) A person holding office as Presiding Officer vacates the office:\n    (a) immediately before a Presiding Officer is elected at the first meeting of the Assembly after a general election;\n    (b) when the person resigns office as Presiding Officer;\n    (c) when the person ceases to be a member of the Assembly (not because of a general election); or\n    (d) when an absolute majority of the members of the Assembly vote in favour of the person’s removal from office.\n  (2) A person who has vacated the office of Presiding Officer may be re‑elected.\n\n#### 13 Resignation of members\n\n  (1) A member may resign office as a member by written notice delivered to a person authorised by the Assembly to receive it.\n  (2) The Presiding Officer may resign office as Presiding Officer by written notice delivered to a person authorised by the Assembly to receive it.\n  (3) The person receiving a notice of resignation must arrange for it to be laid before the Assembly as soon as practicable after receiving that notice.\n\n#### 14 Disqualification of member\n\n  (1) A member vacates office if the member:\n    (a) at any time after the beginning of the first meeting of the Assembly after a general election, is not qualified to take a seat as a member;\n    (b) is absent without permission of the Assembly from:\n    (i) such number of consecutive meetings as is specified by enactment for the purposes of this subparagraph; or\n    (ii) if no such enactment is in force—4 consecutive meetings of the Assembly; or\n    (c) takes or agrees to take, directly or indirectly, any remuneration, allowance, honorarium or reward for services rendered in the Assembly, otherwise than under section 73.\n  (2) A person who has vacated an office of member may be re‑elected.\n  (3) Paragraph (1)(c) does not apply to a superannuation scheme:\n    (a) that is established by or under an enactment; and\n    (b) under which any or all of the following benefits are provided:\n    (i) benefits for a person upon ceasing to hold an office of member;\n    (ii) benefits for a person who is or was a member in the event of the permanent or temporary disability of the person;\n    (iii) benefits for dependants of a person who is or was a member in the event of the death of the person.\n  (4) In subsection (3):\n\n> dependant has the same meaning as in the Superannuation Industry (Supervision) Act 1993.\n\n#### 15 Conflict of interest\n\n  (1) A member of the Assembly who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Territory or a Territory authority shall not take part in a discussion of a matter, or vote on a question, in a meeting of the Assembly where the matter or question relates directly or indirectly to that contract.\n  (2) A question concerning the application of subsection (1) shall be decided by the Assembly, and a contravention of that subsection does not invalidate anything done by the Assembly.\n\n#### 16 Dissolution of Assembly by Governor‑General\n\n  (1) If, in the opinion of the Governor‑General, the Assembly:\n    (a) is incapable of effectively performing its functions; or\n    (b) is conducting its affairs in a grossly improper manner;\n  the Governor‑General may dissolve the Assembly.\n  (2) Where the Assembly is dissolved:\n    (a) the Governor‑General:\n    (i) shall appoint a Commissioner for the purposes of this section; and\n    (ii) may, at any time, give directions to the Commissioner about the exercise of the powers of the Executive; and\n    (b) a general election shall be held on a day specified by the Commonwealth Minister by notice published in the Commonwealth Gazette, being not earlier than 36 days, nor later than 90 days, after the dissolution of the Assembly.\n  (3) The Commonwealth Minister shall not specify a day that is the polling day for an election of the Senate or a general election of the House of Representatives.\n  (4) The Commissioner:\n    (a) shall exercise all the powers of the Executive in accordance with any directions given by the Governor‑General; and\n    (b) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General.\n  (5) The Commissioner shall be paid such remuneration and allowances as are determined by the Governor‑General.\n  (6) Unless sooner terminated by the Governor‑General, the term of office of the Commissioner ceases at the beginning of the first meeting of the Assembly held after the next general election.\n  (7) The powers of the Governor‑General under this section shall be exercised by Proclamation.\n  (8) The Commonwealth Minister shall cause a statement of the reasons for the dissolution to be:\n    (a) published in the Commonwealth Gazette as soon as practicable after the day of the dissolution; and\n    (b) laid before each House of the Parliament within 15 sitting days of that House after the day of the dissolution.\n  (9) A person holding office, or acting as, Chief Executive of the Chief Minister’s Department must not be appointed as a Commissioner under this section.\n  (10) If the name of the office of Chief Executive, or of the Chief Minister’s Department, is changed, a reference in subsection (9) to that office or Department is to be taken to be a reference to the office or Department under the new name.\n\n### Division 2—Procedure of Assembly\n\n#### 17 Times of meetings\n\n  (1) Subject to subsection (3), the Assembly shall meet:\n    (a) within 7 days after the result of a general election is declared; and\n    (b) within 7 days after a written request for a meeting, signed by such number of members as is fixed by enactment, is delivered to the Presiding Officer.\n  (2) The Presiding Officer shall, by notice published in the Territory Gazette, convene a meeting when it is necessary to do so to comply with subsection (1).\n  (3) If the Presiding Officer is required by subsection (2) to convene a meeting within a particular period and:\n    (a) the office of Presiding Officer is vacant, whether or not a person has been previously elected to the office; or\n    (b) the Presiding Officer is unable, or refuses or fails, to convene a meeting within that period;\n  the Commonwealth Minister shall, by notice published in the Commonwealth Gazette, convene the meeting within that period or, if that is not practicable, within 7 days after that period.\n\n#### 18 Procedure at meetings\n\n  (1) At a meeting of the Assembly, a quorum is formed by an absolute majority of the members.\n  (2) Questions arising at a meeting shall be decided by a majority of the votes of the members present and voting, unless a special majority is required by the standing rules and orders.\n  (3) The member presiding at a meeting has a deliberative vote only, and, if the votes on a question are equal, the question shall pass in the negative.\n  (4) Subject to subsection 15(1) and to the standing rules and orders, the Presiding Officer shall preside at all meetings of the Assembly at which he or she is present.\n\n#### 19 Resolution of no confidence in Chief Minister\n\n  A resolution of no confidence in the Chief Minister has no effect unless:\n    (a) it affirms a motion that is expressed to be a motion of no confidence in the Chief Minister;\n    (b) at least one week’s notice of the motion has been given in accordance with the standing rules and orders; and\n    (c) the resolution is passed by at least the number of members necessary to be a quorum.\n\n#### 20 Minutes of meetings\n\n  (1) The Assembly shall cause minutes to be kept of meetings.\n  (2) A copy of any minutes so kept shall, on request made by a person:\n    (a) be made available for inspection by the person; or\n    (b) be supplied to the person on payment of such fee (if any) as is fixed by or under enactment.\n  (3) Subsection (2) does not apply to minutes of a committee meeting held in private.\n\n#### 21 Standing rules and orders\n\n  (1) Subject to this Act, the Assembly may make standing rules and orders with respect to the conduct of business.\n  (2) Without limiting the generality of subsection (1), standing rules and orders may be made:\n    (a) for the election of a deputy (however titled) to the Presiding Officer; and\n    (b) conferring on that deputy such powers as are specified in the rules and orders (including powers of the Presiding Officer under this Act).\n\n## Part IV—Powers of Legislative Assembly\n\n#### 22 Power of Assembly to make laws\n\n  (1) Subject to this Part and Part VA, the Assembly has power to make laws for the peace, order and good government of the Territory.\n  (2) The power to make laws extends to the power to make laws with respect to the exercise of powers by the Executive.\n\n#### 23 Matters excluded from power to make laws\n\n  (1) Subject to this section, the Assembly has no power to make laws with respect to:\n    (a) the acquisition of property otherwise than on just terms;\n    (c) the provision by the Australian Federal Police of police services in relation to the Territory;\n    (d) the raising or maintaining of any naval, military or air force;\n    (e) the coining of money;\n    (g) the classification of materials for the purposes of censorship.\n  (2) The regulations may omit any of the paragraphs in subsection (1) or reduce the scope of any of those paragraphs.\n\n#### 24 Powers, privileges and immunities of Assembly\n\n  (1) In this section:\n\n> powers includes privileges and immunities, but does not include legislative powers.\n\n  (2) Without limiting the generality of section 22, the Assembly may also make laws:\n    (a) declaring the powers of the Assembly and of its members and committees, but so that the powers so declared do not exceed the powers for the time being of the House of Representatives or of its members or committees; and\n    (b) providing for the manner in which powers so declared may be exercised or upheld.\n  (3) Until the Assembly makes a law with respect to its powers, the Assembly and its members and committees have the same powers as the powers for the time being of the House of Representatives and its members and committees.\n  (4) Nothing in this section empowers the Assembly to imprison or fine a person.\n\n#### 25 Notification of enactment\n\n  (1) Where a proposed law has been passed by the Assembly, the Chief Minister, or another person authorised by enactment to do so, shall publish in the Territory Gazette a notice of the proposed law having been passed and of the place or places where copies of the law can be purchased.\n  (2) Where a proposed law is notified in the Territory Gazette, it takes effect upon the day of notification or, if the proposed law otherwise provides, as so provided.\n  (3) At the time of publication of the notice under subsection (1) of the passing of a proposed law or as soon as practicable thereafter, copies of the law shall be made available for purchase at the place, or at each of the places, specified in the notice.\n  (4) Where, on the day of publication of the notice under subsection (1) of the passing of a proposed law, there are no copies of the law available for purchase at the place, or at one or more of the places, specified in the notice, the Chief Minister shall cause to be laid before the Assembly, within 15 sitting days of the Assembly after that day, a statement that copies of the law were not so available and the reason why they were not so available.\n  (5) Failure to comply with the requirements of subsection (3) or (4) in relation to a proposed law shall not be taken to constitute a failure to comply with subsection (1).\n  (6) Subsections (1) to (5) (inclusive) cease to have effect on and after the commencement of an enactment providing for:\n    (a) the publication of a notice of the passing of a proposed law by the Assembly otherwise than under subsection (1); and\n    (b) the commencement of such a proposed law.\n\n#### 26 Special procedures for making certain enactments\n\n  (1) The Assembly may pass a law (in this section called the entrenching law) prescribing restrictions on the manner and form of making particular enactments (which may include enactments amending or repealing the entrenching law).\n  (2) The entrenching law shall be submitted to a referendum of the electors of the Territory as provided by enactment.\n  (3) If a majority of the electors approve the entrenching law, it takes effect as provided by section 25.\n  (4) While the entrenching law is in force, an enactment to which it applies has no effect unless made in accordance with the entrenching law.\n  (5) If an entrenching law includes the requirement (however expressed) that an enactment or enactments be passed by a specified majority of the members (in this subsection called a special majority), the same requirement shall be taken to apply to the entrenching law, so that it must be passed by:\n    (a) that special majority; or\n    (b) if it specifies different special majorities for different enactments—the highest of those special majorities.\n  (6) If an entrenching law passed by the Assembly:\n    (a) includes the requirement (however expressed) that an enactment or enactments be submitted to a referendum of the electors of the Territory; and\n    (b) includes provision (however expressed) that, to have effect, the referendum is to be passed by a specified majority of the electors (in this subsection called a special majority);\n  the same requirement shall be taken to apply to the entrenching law, so that the reference in subsection (3) to a majority of the electors shall be taken to be a reference to:\n    (c) that special majority; or\n    (d) if the entrenching law specifies different special majorities for different enactments—the highest of those special majorities.\n\n#### 27 Crown may be bound\n\n  Except as provided by the regulations, an enactment does not bind the Crown in right of the Commonwealth.\n\n#### 28 Inconsistency with other laws\n\n  (1) A provision of an enactment has no effect to the extent that it is inconsistent with a law defined by subsection (2), but such a provision shall be taken to be consistent with such a law to the extent that it is capable of operating concurrently with that law.\n  (2) In this section:\n\n> law means:\n\n    (a) a law in force in the Territory (other than an enactment or a subordinate law); or\n    (b) an order or determination, or any other instrument of a legislative character, made under a law falling within paragraph (a).\n\n> Note: Sections 29 and 40 of the Fair Work Act 2009 deals with inconsistency between awards and agreements made under that Act, and laws of the Territory.\n\n#### 29 Avoidance of application of enactments to Parliament\n\n  (1) In this section:\n\n> enactment includes a part of an enactment.\n\n> Parliamentary precincts means the precincts defined by subsection 3(1) of the Parliamentary Precincts Act 1988.\n\n  (2) If either House of the Parliament passes a resolution declaring that an enactment made after the commencing day does not apply:\n    (a) to that House;\n    (b) to the members of that House; or\n    (c) in the Parliamentary precincts;\n  the resolution has effect according to its tenor and the enactment does not apply accordingly.\n  (3) A resolution under subsection (2):\n    (a) does not have effect in respect of the application of an enactment on a day before the day on which the resolution is passed; and\n    (b) has effect, to the extent that the enactment ceases to apply, as if the enactment were repealed by another enactment.\n\n#### 30 Judicial notice\n\n  All courts, judges and persons acting judicially shall take judicial notice of enactments and subordinate laws.\n\n#### 31 Publication of enactments\n\n  The Executive shall publish copies of enactments and subordinate laws and make them available for purchase by the public.\n\n#### 33 Application of Acts Interpretation Act\n\n  Neither paragraph 46(1)(a) of the Acts Interpretation Act 1901 nor paragraph 13(1)(a) or (b) of the Legislation Act 2003 applies to:\n    (a) an enactment;\n    (b) a subordinate law; or\n    (c) an instrument required by this Act to be published in the Territory Gazette.\n\n#### 34 Certain laws converted into enactments\n\n  (1) In this section:\n\n> Imperial Act has the same meaning as in the Imperial Acts Application Ordinance 1986 of the Territory.\n\n> law includes a provision of a law.\n\n  (2) A law specified in Schedule 2 shall be taken to be an enactment, and may be amended or repealed accordingly.\n  (4) A law (other than a law of the Commonwealth) that, immediately before the commencing day:\n    (a) was in force in the Territory; and\n    (b) was an Ordinance, an Act of the Parliament of New South Wales or an Imperial Act;\n  shall be taken to be an enactment, and may be amended or repealed accordingly.\n  (5) Subsection (4) does not apply to a law specified in Schedule 5.\n  (9) This section does not limit the power of the Assembly to make laws with respect to the common law.\n\n## Part V—The Executive\n\n#### 36 Australian Capital Territory Executive\n\n  There shall be an Australian Capital Territory Executive.\n\n#### 37 General powers of Executive\n\n  The Executive has the responsibility of:\n    (a) governing the Territory with respect to matters specified in Schedule 4;\n    (b) executing and maintaining enactments and subordinate laws;\n    (c) exercising such other powers as are vested in the Executive by or under a law in force in the Territory or an agreement or arrangement between the Territory and the Commonwealth, a State or another Territory; and\n    (d) exercising prerogatives of the Crown so far as they relate to the Executive’s responsibility mentioned in paragraph (a), (b) or (c).\n\n#### 38 Executive matters not limited by Schedule 4\n\n  A matter specified in Schedule 4 does not limit the generality of any other matter specified in that Schedule.\n\n#### 38A Executive’s powers under Commonwealth Acts\n\n  An enactment may provide for the exercise by a member or members of the Executive of powers vested in the Executive by or under an Act.\n\n#### 39 Membership of Executive\n\n  (1) The members of the Executive are the Chief Minister and such other Ministers as are appointed by the Chief Minister.\n  (2) The exercise of the powers of the Executive is not affected merely because of a vacancy or vacancies in the membership of the Executive.\n\n#### 40 Chief Minister for the Territory\n\n  (1) At the first meeting of the Assembly after a general election, the members present shall, after electing a Presiding Officer and before any other business, elect one of their number to be the Chief Minister for the Territory.\n  (2) If there is a vacancy in the office of Chief Minister (not because of a dissolution of the Assembly), then:\n    (a) if the vacancy happens at a meeting, the members present shall elect one of their number to be the Chief Minister; or\n    (b) if the vacancy happens at any other time, the Presiding Officer shall, by notice published in the Territory Gazette, convene a meeting as soon as practicable and, at the meeting, the members present shall elect one of their number to be the Chief Minister.\n  (3) If a resolution of no confidence in the Chief Minister is passed, the members present shall elect one of their number to be the Chief Minister.\n\n#### 41 Ministers for the Territory\n\n  (1) The Chief Minister must appoint Ministers for the Territory from among the members of the Assembly.\n  (2) The number of Ministers is to be as provided by enactment.\n  (2A) Until provision is made, the number of Ministers is not to exceed 5.\n  (3) A Minister may be dismissed from office at any time by a person holding office as Chief Minister at that time.\n\n#### 42 Presiding Officer or Deputy Presiding Officer not to be a Minister\n\n  The person for the time being holding office as Presiding Officer or Deputy Presiding Officer is not eligible to be a Minister.\n\n#### 43 Ministerial portfolios\n\n  (1) A Minister shall administer such matters relating to the powers of the Executive as are allocated to that Minister from time to time by the Chief Minister.\n  (2) The Chief Minister may authorise a Minister or Ministers to act on behalf of the Chief Minister or any other Minister.\n  (3) The Chief Minister shall publish particulars of such arrangements in the Territory Gazette.\n\n#### 44 Deputy Chief Minister for the Territory\n\n  (1) The Chief Minister shall appoint one of the Ministers to be Deputy Chief Minister for the Territory.\n  (2) The Deputy Chief Minister shall act as Chief Minister at any time when there is a vacancy in the office of Chief Minister or the Chief Minister is absent from duty or from Australia or is, for any other reason, unable to exercise the powers of Chief Minister.\n  (3) While the Deputy Chief Minister is acting as Chief Minister, he or she shall exercise all the powers of the Chief Minister other than the dismissal of a Minister.\n  (4) The exercise of the powers of the Chief Minister by the Deputy Chief Minister during the absence of the Chief Minister from Australia does not affect the exercise of a power by the Chief Minister.\n\n#### 45 Resignation of Ministers\n\n  (1) The Chief Minister may resign office as Chief Minister by written notice delivered to the Presiding Officer.\n  (2) Any other Minister may resign office as Minister by written notice delivered to the Chief Minister.\n\n#### 46 Vacation of office by Ministers\n\n  (1) A person holding office as Chief Minister vacates the office:\n    (a) when the person resigns the office; or\n    (b) when the person ceases to be a member (not because of a general election); or\n    (c) immediately before a Chief Minister is elected after:\n    (i) the next general election; or\n    (ii) the passing of a resolution of no confidence in the Chief Minister.\n  (1A) A person holding office as a Minister (other than the Chief Minister) vacates the office:\n    (a) when the person resigns the office; or\n    (b) when the person ceases to be a member (not because of a general election); or\n    (c) when the person is dismissed from office by the Chief Minister; or\n    (d) immediately before another Chief Minister is elected after:\n    (i) the next general election; or\n    (ii) the passing of a resolution of no confidence in the Chief Minister.\n  (2) A person who has vacated an office of Minister may be re‑elected or re‑appointed.\n\n#### 47 Vacancies in all Ministerial offices\n\n  (1) If:\n    (a) at any time after the election of a Chief Minister, all the Ministerial offices (including the office of Chief Minister) have become vacant; and\n    (b) it is necessary to exercise powers of the Executive for the purpose of maintaining the provision and control of essential services;\n  the Commonwealth Minister may exercise those powers for that purpose until a Chief Minister is elected.\n  (2) Subsection (1) does not apply where the vacancies result from a dissolution of the Assembly.\n\n#### 48 Resolution of no confidence in Chief Minister\n\n  (2) If:\n    (a) on a particular day, the Assembly passes a resolution of no confidence in the Chief Minister;\n    (b) the Assembly does not, within the period of 30 days after that day, elect a Chief Minister; and\n    (c) the Governor‑General does not, within that period of 30 days, dissolve the Assembly under section 16;\n  a general election shall be held on a day specified by the Commonwealth Minister by notice published in the Commonwealth Gazette, being not earlier than 36 days, nor later than 90 days, after the end of that period of 30 days.\n  (3) The Commonwealth Minister shall not specify a day that is the polling day for an election of the Senate or a general election of the House of Representatives.\n\n## Part VA—The Judiciary\n\n#### 48A Jurisdiction and powers of the Supreme Court\n\n  (1) The Supreme Court is to have all original and appellate jurisdiction that is necessary for the administration of justice in the Territory.\n  (2) In addition, the Supreme Court may have such further jurisdiction as is conferred on it by any Act, enactment or Ordinance, or any law made under any Act, enactment or Ordinance.\n  (3) The Supreme Court is not bound to exercise any powers where it has concurrent jurisdiction with another court or tribunal.\n\n#### 48AA ACT laws may give concurrent jurisdiction to the Federal Court of Australia\n\n  Nothing in section 48A is to be taken to imply that a law of the Australian Capital Territory may not confer on the Federal Court of Australia original or appellate jurisdiction in any matter in respect of which, by virtue of section 48A, jurisdiction is conferred on the Supreme Court.\n\n#### 48B Retirement age of Judges etc. of the Supreme Court\n\n  (1) This section applies to the following offices:\n    (a) Chief Justice of the Supreme Court;\n    (b) Judge (other than additional Judge) of the Supreme Court;\n    (c) Master of the Supreme Court.\n  (2) An enactment that changes the retirement age in relation to an office to which this section applies does not affect the term of office of a person who was appointed to such an office before the commencement of that enactment unless the person has consented in writing to the application of the enactment to him or her.\n\n#### 48C Judicial commission\n\n  (1) An enactment relating to the establishment of a judicial commission for the Territory must provide that:\n    (a) the commission is to be constituted by persons who:\n    (i) have been Justices of the High Court or are, or have been, Judges of a superior court of record of the Commonwealth or of a State or Territory (other than persons who are Judges of the Supreme Court of the Territory appointed under subsection 7(1) of the Supreme Court Act 1933 of the Territory); and\n    (ii) are appointed by the Executive for such terms as are determined in accordance with the enactment; and\n    (b) the commission is to have the function (whether alone or together with another body or authority of the Territory) of investigating, and reporting to the Attorney‑General of the Territory on, complaints concerning the conduct or the physical or mental capacity of a judicial officer.\n  (2) A judicial commission may have functions in addition to the function mentioned in paragraph (1)(b).\n\n#### 48D Removal of a judicial officer from office\n\n  An enactment relating to the removal from office of a judicial officer must provide that:\n    (a) a judicial officer may only be removed from office if:\n    (i) a judicial commission appointed by the Executive to examine a complaint concerning the judicial officer has submitted to the Attorney‑General of the Territory a report that:\n    (A) sets out the facts found by the commission in relation to the subject matter of the complaint; and\n    (B) states that, in the commission’s opinion, the facts so found could amount to misbehaviour or physical or mental incapacity (as the case may be) warranting the officer’s removal from office; and\n    (ii) the Assembly:\n    (A) has determined that the facts so found amount to misbehaviour or physical or mental incapacity identified by the commission; and\n    (B) has passed a motion requiring the Executive to remove the officer from office on the ground of that misbehaviour or incapacity; and\n    (b) a judicial officer may only be removed from office by the Executive in writing.\n\n## Part VII—Finance\n\n#### 57 Public money\n\n  (1) The public money of the Territory shall be available for the expenditure of the Territory.\n  (2) The receipt, spending and control of public money of the Territory shall be regulated as provided by enactment.\n\n#### 58 Withdrawals of public money\n\n  (1) Subject to subsection 16(4), no public money of the Territory shall be issued or spent except as authorised by enactment.\n  (2) The public money of the Territory may be invested as provided by enactment.\n\n#### 59 Financial relations between Commonwealth and Territory\n\n  (1) The Commonwealth shall conduct its financial relations with the Territory so as to ensure that the Territory is treated on the same basis as the States and the Northern Territory, while having regard to the special circumstances arising from the existence of the national capital and the seat of government of the Commonwealth in the Territory.\n  (2) The Territory is not liable to bear the cost, or part of the cost, of:\n    (a) any power of the Commonwealth relating to a matter referred to in section 23;\n    (b) administering a law, or a provision of a law, referred to in Schedule 5; or\n    (c) any other power of the Commonwealth, or of a Commonwealth authority, relating to the Territory.\n\n#### 60 Borrowing from Commonwealth\n\n  The Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Territory or to a Territory authority on such terms and conditions as that Minister determines in writing.\n\n#### 65 Proposal of money votes\n\n  (1) An enactment, vote or resolution (proposal) for the appropriation of the public money of the Territory must not be proposed in the Assembly except by a Minister.\n  (2) Subsection (1) does not prevent a member other than a Minister from moving an amendment to a proposal made by a Minister unless the amendment is to increase the amount of public money of the Territory to be appropriated.\n\n## Part VIII—Elections to Assembly\n\n#### 66 Interpretation\n\n  In this Part:\n\n> electoral enactment means an enactment described in subsection 67A(1).\n\n#### 66A Part to bind Crown\n\n  This Part binds the Crown in right of the Territory, but nothing in this Act renders the Crown liable to be prosecuted for an offence.\n\n#### 66B Election of members\n\n  The members are to be elected in accordance with this Part.\n\n#### 67 Qualifications of candidates\n\n  (1) The qualifications of a person to be elected and take a seat as a member shall be as provided by enactment.\n\n#### 67A General elections\n\n  (1) The members to be elected at a general election are to be elected as provided by sections 67, 67C and 67D and by an enactment that:\n    (a) provides for general elections; and\n    (b) complies with section 67B; and\n    (c) was made after polling day for the second general election.\n\n#### 67B Electoral enactment\n\n  An electoral enactment is to provide, among other things:\n    (a) for the times of general elections; and\n    (b) for a Roll of the electors of the Territory for the purposes of general elections; and\n    (c) that every person who is entitled to be enrolled on that Roll and who is resident in the Territory is required to claim enrolment; and\n    (d) if the electoral enactment provides for the distribution of the Territory into electorates—that a redistribution of the Territory into electorates is to commence not later than 6 years after the previous distribution or redistribution.\n\n#### 67C Qualifications of electors\n\n  (1) At a general election held on a particular day, a person is entitled to vote if:\n    (a) on that day, the person’s name is on the Roll of the electors of the Territory for the purposes of general elections; and\n    (b) the person would be entitled to vote at an election held on that day to choose a member of the House of Representatives for the Territory.\n  (2) A person’s name is taken not to be on the Roll for the purposes of paragraph (1)(a) if an electoral enactment so provides.\n  (3) This section does not prevent an electoral enactment from providing that other persons, in addition to persons entitled under subsection (1), be entitled to vote at a general election.\n\n#### 67D Territory electorates\n\n  (1) In this section:\n\n> quota, in relation to an electorate for the Territory, means the number calculated in accordance with the formula:\n\n> ![Start formula start fraction Number of Territory electors times Number of electorate members over Number of Territory members end fraction end formula](image.002.png)\n\n  where:\n\n> Number of Territory electors means the number of electors of the Territory.\n\n> Number of electorate members means the number of members to be elected by the electorate.\n\n> Number of Territory members means the number of members of the Assembly.\n\n  (2) A distribution or redistribution of the Territory into electorates is not to result in any electorate having, immediately after the distribution or redistribution:\n    (a) a number of electors of the Territory greater than 110% of its quota; or\n    (b) a number of electors of the Territory less than 90% of its quota.\n\n## Part IX—Miscellaneous\n\n#### 69A Acts that bind States to bind Territory\n\n  (1) If an Act (whether or not by express provision) binds each of the States, or the Crown in right of each of the States, that Act binds the Territory, or the Crown in right of the Territory, by force of this subsection, unless that Act specifically provides otherwise.\n  (2) Subsection (1) does not affect the application of a law of the Commonwealth in and in relation to the Territory otherwise than as provided in that subsection.\n\n#### 69 Trade and commerce to be free\n\n  (1) Subject to subsection (2), trade, commerce and intercourse between the Territory and a State, and between the Territory and the Northern Territory, Norfolk Island, the Jervis Bay Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands, shall be absolutely free.\n  (2) Subsection (1) does not bind the Commonwealth.\n\n#### 70 Validity of certain actions\n\n  (1) In subsection (2):\n\n> office means the office of Chief Minister, Deputy Chief Minister, Minister, Presiding Officer, Deputy Presiding Officer or Commissioner.\n\n  (2) Anything done by or in relation to a person who has been elected or appointed to an office, or a person purporting to act in an office, under this Act is not invalid on the ground that:\n    (a) the occasion for the election or appointment had not arisen;\n    (b) there was a defect or irregularity in connection with the election or appointment;\n    (c) the election or appointment had ceased to have effect; or\n    (d) the occasion for the person to act had not arisen or had ceased.\n  (3) Anything done by or in relation to a person who has purported to sit or vote as a member at a meeting of the Assembly or of a committee is not invalid on the ground that the person:\n    (a) was not duly elected or chosen; or\n    (b) had vacated office as a member.\n\n#### 73 Remuneration and allowances\n\n  (1) In this section:\n\n> office means any of the following offices:\n\n    (a) Chief Minister;\n    (b) Deputy Chief Minister;\n    (c) Minister;\n    (d) member;\n    (e) Presiding Officer;\n    (f) Deputy Presiding Officer;\n    (fa) Chief Justice of the Supreme Court;\n    (fb) Judge of the Supreme Court;\n    (fc) Master of the Supreme Court;\n    (fd) Chief Magistrate;\n    (fe) Magistrate;\n    (g) an office declared by an enactment to be an office to which this section applies.\n  (2) Subject to subsection (3A) of this section and subsection 29A(2) of the A.C.T. Self‑Government (Consequential Provisions) Act 1988, a person is, in respect of services in an office, to be paid such remuneration and allowances:\n    (a) if they are determined or specified by or under an enactment—as so determined or specified; or\n    (b) in any other case—as are determined by the Remuneration Tribunal.\n  (3A) The remuneration and allowances of a person holding an office specified in paragraph (1)(fa), (fb), (fc), (fd) or (fe) are not to be diminished while the person holds that office.\n  (4) Where:\n    (a) the term of office of a person as member ends on the polling day for a general election; and\n    (b) the person is re‑elected at that general election;\n  then, for the purposes of this section, the person shall be taken to have continued to serve in the office of member until the day on which the election of the person is declared.\n  (5) Where:\n    (a) the term of office of a person as member ends because the Assembly is dissolved under section 16; and\n    (b) the person is a candidate at the next general election;\n  then, for the purposes of this section, the person shall be taken to have continued to serve in the office of member until the polling day for that general election or, if the person is re‑elected, until the day on which the election of the person is declared.\n\n#### 74 Regulations\n\n  The Governor‑General may make regulations:\n    (a) prescribing matters:\n    (i) required or permitted by this Act to be prescribed; or\n    (ii) necessary or convenient to be prescribed for carrying out or giving effect to this Act; and\n    (b) adding further matters to Schedule 4.","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Times of meetings","content":"#### 17 Times of meetings\n\n  (1) Subject to subsection (3), the Assembly shall meet:\n    (a) within 7 days after the result of a general election is declared; and\n    (b) within 7 days after a written request for a meeting, signed by such number of members as is fixed by enactment, is delivered to the Presiding Officer.\n  (2) The Presiding Officer shall, by notice published in the Territory Gazette, convene a meeting when it is necessary to do so to comply with subsection (1).\n  (3) If the Presiding Officer is required by subsection (2) to convene a meeting within a particular period and:\n    (a) the office of Presiding Officer is vacant, whether or not a person has been previously elected to the office; or\n    (b) the Presiding Officer is unable, or refuses or fails, to convene a meeting within that period;\n  the Commonwealth Minister shall, by notice published in the Commonwealth Gazette, convene the meeting within that period or, if that is not practicable, within 7 days after that period.","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Procedure at meetings","content":"#### 18 Procedure at meetings\n\n  (1) At a meeting of the Assembly, a quorum is formed by an absolute majority of the members.\n  (2) Questions arising at a meeting shall be decided by a majority of the votes of the members present and voting, unless a special majority is required by the standing rules and orders.\n  (3) The member presiding at a meeting has a deliberative vote only, and, if the votes on a question are equal, the question shall pass in the negative.\n  (4) Subject to subsection 15(1) and to the standing rules and orders, the Presiding Officer shall preside at all meetings of the Assembly at which he or she is present.","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Resolution of no confidence in Chief Minister","content":"#### 19 Resolution of no confidence in Chief Minister\n\n  A resolution of no confidence in the Chief Minister has no effect unless:\n    (a) it affirms a motion that is expressed to be a motion of no confidence in the Chief Minister;\n    (b) at least one week’s notice of the motion has been given in accordance with the standing rules and orders; and\n    (c) the resolution is passed by at least the number of members necessary to be a quorum.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Minutes of meetings","content":"#### 20 Minutes of meetings\n\n  (1) The Assembly shall cause minutes to be kept of meetings.\n  (2) A copy of any minutes so kept shall, on request made by a person:\n    (a) be made available for inspection by the person; or\n    (b) be supplied to the person on payment of such fee (if any) as is fixed by or under enactment.\n  (3) Subsection (2) does not apply to minutes of a committee meeting held in private.","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Standing rules and orders","content":"#### 21 Standing rules and orders\n\n  (1) Subject to this Act, the Assembly may make standing rules and orders with respect to the conduct of business.\n  (2) Without limiting the generality of subsection (1), standing rules and orders may be made:\n    (a) for the election of a deputy (however titled) to the Presiding Officer; and\n    (b) conferring on that deputy such powers as are specified in the rules and orders (including powers of the Presiding Officer under this Act).","sortOrder":25},{"sectionNumber":"Part IV","sectionType":"part","heading":"Powers of Legislative Assembly","content":"## Part IV—Powers of Legislative Assembly","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Power of Assembly to make laws","content":"#### 22 Power of Assembly to make laws\n\n  (1) Subject to this Part and Part VA, the Assembly has power to make laws for the peace, order and good government of the Territory.\n  (2) The power to make laws extends to the power to make laws with respect to the exercise of powers by the Executive.","sortOrder":27},{"sectionNumber":"23","sectionType":"section","heading":"Matters excluded from power to make laws","content":"#### 23 Matters excluded from power to make laws\n\n  (1) Subject to this section, the Assembly has no power to make laws with respect to:\n    (a) the acquisition of property otherwise than on just terms;\n    (c) the provision by the Australian Federal Police of police services in relation to the Territory;\n    (d) the raising or maintaining of any naval, military or air force;\n    (e) the coining of money;\n    (g) the classification of materials for the purposes of censorship.\n  (2) The regulations may omit any of the paragraphs in subsection (1) or reduce the scope of any of those paragraphs.","sortOrder":28},{"sectionNumber":"24","sectionType":"section","heading":"Powers, privileges and immunities of Assembly","content":"#### 24 Powers, privileges and immunities of Assembly\n\n  (1) In this section:\n\n> powers includes privileges and immunities, but does not include legislative powers.\n\n  (2) Without limiting the generality of section 22, the Assembly may also make laws:\n    (a) declaring the powers of the Assembly and of its members and committees, but so that the powers so declared do not exceed the powers for the time being of the House of Representatives or of its members or committees; and\n    (b) providing for the manner in which powers so declared may be exercised or upheld.\n  (3) Until the Assembly makes a law with respect to its powers, the Assembly and its members and committees have the same powers as the powers for the time being of the House of Representatives and its members and committees.\n  (4) Nothing in this section empowers the Assembly to imprison or fine a person.","sortOrder":29},{"sectionNumber":"25","sectionType":"section","heading":"Notification of enactment","content":"#### 25 Notification of enactment\n\n  (1) Where a proposed law has been passed by the Assembly, the Chief Minister, or another person authorised by enactment to do so, shall publish in the Territory Gazette a notice of the proposed law having been passed and of the place or places where copies of the law can be purchased.\n  (2) Where a proposed law is notified in the Territory Gazette, it takes effect upon the day of notification or, if the proposed law otherwise provides, as so provided.\n  (3) At the time of publication of the notice under subsection (1) of the passing of a proposed law or as soon as practicable thereafter, copies of the law shall be made available for purchase at the place, or at each of the places, specified in the notice.\n  (4) Where, on the day of publication of the notice under subsection (1) of the passing of a proposed law, there are no copies of the law available for purchase at the place, or at one or more of the places, specified in the notice, the Chief Minister shall cause to be laid before the Assembly, within 15 sitting days of the Assembly after that day, a statement that copies of the law were not so available and the reason why they were not so available.\n  (5) Failure to comply with the requirements of subsection (3) or (4) in relation to a proposed law shall not be taken to constitute a failure to comply with subsection (1).\n  (6) Subsections (1) to (5) (inclusive) cease to have effect on and after the commencement of an enactment providing for:\n    (a) the publication of a notice of the passing of a proposed law by the Assembly otherwise than under subsection (1); and\n    (b) the commencement of such a proposed law.","sortOrder":30},{"sectionNumber":"26","sectionType":"section","heading":"Special procedures for making certain enactments","content":"#### 26 Special procedures for making certain enactments\n\n  (1) The Assembly may pass a law (in this section called the entrenching law) prescribing restrictions on the manner and form of making particular enactments (which may include enactments amending or repealing the entrenching law).\n  (2) The entrenching law shall be submitted to a referendum of the electors of the Territory as provided by enactment.\n  (3) If a majority of the electors approve the entrenching law, it takes effect as provided by section 25.\n  (4) While the entrenching law is in force, an enactment to which it applies has no effect unless made in accordance with the entrenching law.\n  (5) If an entrenching law includes the requirement (however expressed) that an enactment or enactments be passed by a specified majority of the members (in this subsection called a special majority), the same requirement shall be taken to apply to the entrenching law, so that it must be passed by:\n    (a) that special majority; or\n    (b) if it specifies different special majorities for different enactments—the highest of those special majorities.\n  (6) If an entrenching law passed by the Assembly:\n    (a) includes the requirement (however expressed) that an enactment or enactments be submitted to a referendum of the electors of the Territory; and\n    (b) includes provision (however expressed) that, to have effect, the referendum is to be passed by a specified majority of the electors (in this subsection called a special majority);\n  the same requirement shall be taken to apply to the entrenching law, so that the reference in subsection (3) to a majority of the electors shall be taken to be a reference to:\n    (c) that special majority; or\n    (d) if the entrenching law specifies different special majorities for different enactments—the highest of those special majorities.","sortOrder":31},{"sectionNumber":"27","sectionType":"section","heading":"Crown may be bound","content":"#### 27 Crown may be bound\n\n  Except as provided by the regulations, an enactment does not bind the Crown in right of the Commonwealth.","sortOrder":32},{"sectionNumber":"28","sectionType":"section","heading":"Inconsistency with other laws","content":"#### 28 Inconsistency with other laws\n\n  (1) A provision of an enactment has no effect to the extent that it is inconsistent with a law defined by subsection (2), but such a provision shall be taken to be consistent with such a law to the extent that it is capable of operating concurrently with that law.\n  (2) In this section:\n\n> law means:\n\n    (a) a law in force in the Territory (other than an enactment or a subordinate law); or\n    (b) an order or determination, or any other instrument of a legislative character, made under a law falling within paragraph (a).\n\n> Note: Sections 29 and 40 of the Fair Work Act 2009 deals with inconsistency between awards and agreements made under that Act, and laws of the Territory.","sortOrder":33},{"sectionNumber":"29","sectionType":"section","heading":"Avoidance of application of enactments to Parliament","content":"#### 29 Avoidance of application of enactments to Parliament\n\n  (1) In this section:\n\n> enactment includes a part of an enactment.\n\n> Parliamentary precincts means the precincts defined by subsection 3(1) of the Parliamentary Precincts Act 1988.\n\n  (2) If either House of the Parliament passes a resolution declaring that an enactment made after the commencing day does not apply:\n    (a) to that House;\n    (b) to the members of that House; or\n    (c) in the Parliamentary precincts;\n  the resolution has effect according to its tenor and the enactment does not apply accordingly.\n  (3) A resolution under subsection (2):\n    (a) does not have effect in respect of the application of an enactment on a day before the day on which the resolution is passed; and\n    (b) has effect, to the extent that the enactment ceases to apply, as if the enactment were repealed by another enactment.","sortOrder":34},{"sectionNumber":"30","sectionType":"section","heading":"Judicial notice","content":"#### 30 Judicial notice\n\n  All courts, judges and persons acting judicially shall take judicial notice of enactments and subordinate laws.","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Publication of enactments","content":"#### 31 Publication of enactments\n\n  The Executive shall publish copies of enactments and subordinate laws and make them available for purchase by the public.","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Application of Acts Interpretation Act","content":"#### 33 Application of Acts Interpretation Act\n\n  Neither paragraph 46(1)(a) of the Acts Interpretation Act 1901 nor paragraph 13(1)(a) or (b) of the Legislation Act 2003 applies to:\n    (a) an enactment;\n    (b) a subordinate law; or\n    (c) an instrument required by this Act to be published in the Territory Gazette.","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Certain laws converted into enactments","content":"#### 34 Certain laws converted into enactments\n\n  (1) In this section:\n\n> Imperial Act has the same meaning as in the Imperial Acts Application Ordinance 1986 of the Territory.\n\n> law includes a provision of a law.\n\n  (2) A law specified in Schedule 2 shall be taken to be an enactment, and may be amended or repealed accordingly.\n  (4) A law (other than a law of the Commonwealth) that, immediately before the commencing day:\n    (a) was in force in the Territory; and\n    (b) was an Ordinance, an Act of the Parliament of New South Wales or an Imperial Act;\n  shall be taken to be an enactment, and may be amended or repealed accordingly.\n  (5) Subsection (4) does not apply to a law specified in Schedule 5.\n  (9) This section does not limit the power of the Assembly to make laws with respect to the common law.","sortOrder":38},{"sectionNumber":"Part V","sectionType":"part","heading":"The Executive","content":"## Part V—The Executive","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Australian Capital Territory Executive","content":"#### 36 Australian Capital Territory Executive\n\n  There shall be an Australian Capital Territory Executive.","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"General powers of Executive","content":"#### 37 General powers of Executive\n\n  The Executive has the responsibility of:\n    (a) governing the Territory with respect to matters specified in Schedule 4;\n    (b) executing and maintaining enactments and subordinate laws;\n    (c) exercising such other powers as are vested in the Executive by or under a law in force in the Territory or an agreement or arrangement between the Territory and the Commonwealth, a State or another Territory; and\n    (d) exercising prerogatives of the Crown so far as they relate to the Executive’s responsibility mentioned in paragraph (a), (b) or (c).","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Executive matters not limited by Schedule 4","content":"#### 38 Executive matters not limited by Schedule 4\n\n  A matter specified in Schedule 4 does not limit the generality of any other matter specified in that Schedule.","sortOrder":42},{"sectionNumber":"38A","sectionType":"section","heading":"Executive’s powers under Commonwealth Acts","content":"#### 38A Executive’s powers under Commonwealth Acts\n\n  An enactment may provide for the exercise by a member or members of the Executive of powers vested in the Executive by or under an Act.","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Membership of Executive","content":"#### 39 Membership of Executive\n\n  (1) The members of the Executive are the Chief Minister and such other Ministers as are appointed by the Chief Minister.\n  (2) The exercise of the powers of the Executive is not affected merely because of a vacancy or vacancies in the membership of the Executive.","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Chief Minister for the Territory","content":"#### 40 Chief Minister for the Territory\n\n  (1) At the first meeting of the Assembly after a general election, the members present shall, after electing a Presiding Officer and before any other business, elect one of their number to be the Chief Minister for the Territory.\n  (2) If there is a vacancy in the office of Chief Minister (not because of a dissolution of the Assembly), then:\n    (a) if the vacancy happens at a meeting, the members present shall elect one of their number to be the Chief Minister; or\n    (b) if the vacancy happens at any other time, the Presiding Officer shall, by notice published in the Territory Gazette, convene a meeting as soon as practicable and, at the meeting, the members present shall elect one of their number to be the Chief Minister.\n  (3) If a resolution of no confidence in the Chief Minister is passed, the members present shall elect one of their number to be the Chief Minister.","sortOrder":45},{"sectionNumber":"41","sectionType":"section","heading":"Ministers for the Territory","content":"#### 41 Ministers for the Territory\n\n  (1) The Chief Minister must appoint Ministers for the Territory from among the members of the Assembly.\n  (2) The number of Ministers is to be as provided by enactment.\n  (2A) Until provision is made, the number of Ministers is not to exceed 5.\n  (3) A Minister may be dismissed from office at any time by a person holding office as Chief Minister at that time.","sortOrder":46},{"sectionNumber":"42","sectionType":"section","heading":"Presiding Officer or Deputy Presiding Officer not to be a Minister","content":"#### 42 Presiding Officer or Deputy Presiding Officer not to be a Minister\n\n  The person for the time being holding office as Presiding Officer or Deputy Presiding Officer is not eligible to be a Minister.","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Ministerial portfolios","content":"#### 43 Ministerial portfolios\n\n  (1) A Minister shall administer such matters relating to the powers of the Executive as are allocated to that Minister from time to time by the Chief Minister.\n  (2) The Chief Minister may authorise a Minister or Ministers to act on behalf of the Chief Minister or any other Minister.\n  (3) The Chief Minister shall publish particulars of such arrangements in the Territory Gazette.","sortOrder":48},{"sectionNumber":"44","sectionType":"section","heading":"Deputy Chief Minister for the Territory","content":"#### 44 Deputy Chief Minister for the Territory\n\n  (1) The Chief Minister shall appoint one of the Ministers to be Deputy Chief Minister for the Territory.\n  (2) The Deputy Chief Minister shall act as Chief Minister at any time when there is a vacancy in the office of Chief Minister or the Chief Minister is absent from duty or from Australia or is, for any other reason, unable to exercise the powers of Chief Minister.\n  (3) While the Deputy Chief Minister is acting as Chief Minister, he or she shall exercise all the powers of the Chief Minister other than the dismissal of a Minister.\n  (4) The exercise of the powers of the Chief Minister by the Deputy Chief Minister during the absence of the Chief Minister from Australia does not affect the exercise of a power by the Chief Minister.","sortOrder":49},{"sectionNumber":"45","sectionType":"section","heading":"Resignation of Ministers","content":"#### 45 Resignation of Ministers\n\n  (1) The Chief Minister may resign office as Chief Minister by written notice delivered to the Presiding Officer.\n  (2) Any other Minister may resign office as Minister by written notice delivered to the Chief Minister.","sortOrder":50},{"sectionNumber":"46","sectionType":"section","heading":"Vacation of office by Ministers","content":"#### 46 Vacation of office by Ministers\n\n  (1) A person holding office as Chief Minister vacates the office:\n    (a) when the person resigns the office; or\n    (b) when the person ceases to be a member (not because of a general election); or\n    (c) immediately before a Chief Minister is elected after:\n    (i) the next general election; or\n    (ii) the passing of a resolution of no confidence in the Chief Minister.\n  (1A) A person holding office as a Minister (other than the Chief Minister) vacates the office:\n    (a) when the person resigns the office; or\n    (b) when the person ceases to be a member (not because of a general election); or\n    (c) when the person is dismissed from office by the Chief Minister; or\n    (d) immediately before another Chief Minister is elected after:\n    (i) the next general election; or\n    (ii) the passing of a resolution of no confidence in the Chief Minister.\n  (2) A person who has vacated an office of Minister may be re‑elected or re‑appointed.","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Vacancies in all Ministerial offices","content":"#### 47 Vacancies in all Ministerial offices\n\n  (1) If:\n    (a) at any time after the election of a Chief Minister, all the Ministerial offices (including the office of Chief Minister) have become vacant; and\n    (b) it is necessary to exercise powers of the Executive for the purpose of maintaining the provision and control of essential services;\n  the Commonwealth Minister may exercise those powers for that purpose until a Chief Minister is elected.\n  (2) Subsection (1) does not apply where the vacancies result from a dissolution of the Assembly.","sortOrder":52},{"sectionNumber":"48","sectionType":"section","heading":"Resolution of no confidence in Chief Minister","content":"#### 48 Resolution of no confidence in Chief Minister\n\n  (2) If:\n    (a) on a particular day, the Assembly passes a resolution of no confidence in the Chief Minister;\n    (b) the Assembly does not, within the period of 30 days after that day, elect a Chief Minister; and\n    (c) the Governor‑General does not, within that period of 30 days, dissolve the Assembly under section 16;\n  a general election shall be held on a day specified by the Commonwealth Minister by notice published in the Commonwealth Gazette, being not earlier than 36 days, nor later than 90 days, after the end of that period of 30 days.\n  (3) The Commonwealth Minister shall not specify a day that is the polling day for an election of the Senate or a general election of the House of Representatives.","sortOrder":53},{"sectionNumber":"Part VA","sectionType":"part","heading":"The Judiciary","content":"## Part VA—The Judiciary","sortOrder":54},{"sectionNumber":"48A","sectionType":"section","heading":"Jurisdiction and powers of the Supreme Court","content":"#### 48A Jurisdiction and powers of the Supreme Court\n\n  (1) The Supreme Court is to have all original and appellate jurisdiction that is necessary for the administration of justice in the Territory.\n  (2) In addition, the Supreme Court may have such further jurisdiction as is conferred on it by any Act, enactment or Ordinance, or any law made under any Act, enactment or Ordinance.\n  (3) The Supreme Court is not bound to exercise any powers where it has concurrent jurisdiction with another court or tribunal.","sortOrder":55},{"sectionNumber":"48AA","sectionType":"section","heading":"ACT laws may give concurrent jurisdiction to the Federal Court of Australia","content":"#### 48AA ACT laws may give concurrent jurisdiction to the Federal Court of Australia\n\n  Nothing in section 48A is to be taken to imply that a law of the Australian Capital Territory may not confer on the Federal Court of Australia original or appellate jurisdiction in any matter in respect of which, by virtue of section 48A, jurisdiction is conferred on the Supreme Court.","sortOrder":56},{"sectionNumber":"48B","sectionType":"section","heading":"Retirement age of Judges etc. of the Supreme Court","content":"#### 48B Retirement age of Judges etc. of the Supreme Court\n\n  (1) This section applies to the following offices:\n    (a) Chief Justice of the Supreme Court;\n    (b) Judge (other than additional Judge) of the Supreme Court;\n    (c) Master of the Supreme Court.\n  (2) An enactment that changes the retirement age in relation to an office to which this section applies does not affect the term of office of a person who was appointed to such an office before the commencement of that enactment unless the person has consented in writing to the application of the enactment to him or her.","sortOrder":57},{"sectionNumber":"48C","sectionType":"section","heading":"Judicial commission","content":"#### 48C Judicial commission\n\n  (1) An enactment relating to the establishment of a judicial commission for the Territory must provide that:\n    (a) the commission is to be constituted by persons who:\n    (i) have been Justices of the High Court or are, or have been, Judges of a superior court of record of the Commonwealth or of a State or Territory (other than persons who are Judges of the Supreme Court of the Territory appointed under subsection 7(1) of the Supreme Court Act 1933 of the Territory); and\n    (ii) are appointed by the Executive for such terms as are determined in accordance with the enactment; and\n    (b) the commission is to have the function (whether alone or together with another body or authority of the Territory) of investigating, and reporting to the Attorney‑General of the Territory on, complaints concerning the conduct or the physical or mental capacity of a judicial officer.\n  (2) A judicial commission may have functions in addition to the function mentioned in paragraph (1)(b).","sortOrder":58},{"sectionNumber":"48D","sectionType":"section","heading":"Removal of a judicial officer from office","content":"#### 48D Removal of a judicial officer from office\n\n  An enactment relating to the removal from office of a judicial officer must provide that:\n    (a) a judicial officer may only be removed from office if:\n    (i) a judicial commission appointed by the Executive to examine a complaint concerning the judicial officer has submitted to the Attorney‑General of the Territory a report that:\n    (A) sets out the facts found by the commission in relation to the subject matter of the complaint; and\n    (B) states that, in the commission’s opinion, the facts so found could amount to misbehaviour or physical or mental incapacity (as the case may be) warranting the officer’s removal from office; and\n    (ii) the Assembly:\n    (A) has determined that the facts so found amount to misbehaviour or physical or mental incapacity identified by the commission; and\n    (B) has passed a motion requiring the Executive to remove the officer from office on the ground of that misbehaviour or incapacity; and\n    (b) a judicial officer may only be removed from office by the Executive in writing.","sortOrder":59},{"sectionNumber":"Part VII","sectionType":"part","heading":"Finance","content":"## Part VII—Finance","sortOrder":60},{"sectionNumber":"57","sectionType":"section","heading":"Public money","content":"#### 57 Public money\n\n  (1) The public money of the Territory shall be available for the expenditure of the Territory.\n  (2) The receipt, spending and control of public money of the Territory shall be regulated as provided by enactment.","sortOrder":61},{"sectionNumber":"58","sectionType":"section","heading":"Withdrawals of public money","content":"#### 58 Withdrawals of public money\n\n  (1) Subject to subsection 16(4), no public money of the Territory shall be issued or spent except as authorised by enactment.\n  (2) The public money of the Territory may be invested as provided by enactment.","sortOrder":62},{"sectionNumber":"59","sectionType":"section","heading":"Financial relations between Commonwealth and Territory","content":"#### 59 Financial relations between Commonwealth and Territory\n\n  (1) The Commonwealth shall conduct its financial relations with the Territory so as to ensure that the Territory is treated on the same basis as the States and the Northern Territory, while having regard to the special circumstances arising from the existence of the national capital and the seat of government of the Commonwealth in the Territory.\n  (2) The Territory is not liable to bear the cost, or part of the cost, of:\n    (a) any power of the Commonwealth relating to a matter referred to in section 23;\n    (b) administering a law, or a provision of a law, referred to in Schedule 5; or\n    (c) any other power of the Commonwealth, or of a Commonwealth authority, relating to the Territory.","sortOrder":63},{"sectionNumber":"60","sectionType":"section","heading":"Borrowing from Commonwealth","content":"#### 60 Borrowing from Commonwealth\n\n  The Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Territory or to a Territory authority on such terms and conditions as that Minister determines in writing.","sortOrder":64},{"sectionNumber":"65","sectionType":"section","heading":"Proposal of money votes","content":"#### 65 Proposal of money votes\n\n  (1) An enactment, vote or resolution (proposal) for the appropriation of the public money of the Territory must not be proposed in the Assembly except by a Minister.\n  (2) Subsection (1) does not prevent a member other than a Minister from moving an amendment to a proposal made by a Minister unless the amendment is to increase the amount of public money of the Territory to be appropriated.","sortOrder":65},{"sectionNumber":"Part VIII","sectionType":"part","heading":"Elections to Assembly","content":"## Part VIII—Elections to Assembly","sortOrder":66},{"sectionNumber":"66","sectionType":"section","heading":"Interpretation","content":"#### 66 Interpretation\n\n  In this Part:\n\n> electoral enactment means an enactment described in subsection 67A(1).","sortOrder":67},{"sectionNumber":"66A","sectionType":"section","heading":"Part to bind Crown","content":"#### 66A Part to bind Crown\n\n  This Part binds the Crown in right of the Territory, but nothing in this Act renders the Crown liable to be prosecuted for an offence.","sortOrder":68},{"sectionNumber":"66B","sectionType":"section","heading":"Election of members","content":"#### 66B Election of members\n\n  The members are to be elected in accordance with this Part.","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Qualifications of candidates","content":"#### 67 Qualifications of candidates\n\n  (1) The qualifications of a person to be elected and take a seat as a member shall be as provided by enactment.","sortOrder":70},{"sectionNumber":"67A","sectionType":"section","heading":"General elections","content":"#### 67A General elections\n\n  (1) The members to be elected at a general election are to be elected as provided by sections 67, 67C and 67D and by an enactment that:\n    (a) provides for general elections; and\n    (b) complies with section 67B; and\n    (c) was made after polling day for the second general election.","sortOrder":71},{"sectionNumber":"67B","sectionType":"section","heading":"Electoral enactment","content":"#### 67B Electoral enactment\n\n  An electoral enactment is to provide, among other things:\n    (a) for the times of general elections; and\n    (b) for a Roll of the electors of the Territory for the purposes of general elections; and\n    (c) that every person who is entitled to be enrolled on that Roll and who is resident in the Territory is required to claim enrolment; and\n    (d) if the electoral enactment provides for the distribution of the Territory into electorates—that a redistribution of the Territory into electorates is to commence not later than 6 years after the previous distribution or redistribution.","sortOrder":72},{"sectionNumber":"67C","sectionType":"section","heading":"Qualifications of electors","content":"#### 67C Qualifications of electors\n\n  (1) At a general election held on a particular day, a person is entitled to vote if:\n    (a) on that day, the person’s name is on the Roll of the electors of the Territory for the purposes of general elections; and\n    (b) the person would be entitled to vote at an election held on that day to choose a member of the House of Representatives for the Territory.\n  (2) A person’s name is taken not to be on the Roll for the purposes of paragraph (1)(a) if an electoral enactment so provides.\n  (3) This section does not prevent an electoral enactment from providing that other persons, in addition to persons entitled under subsection (1), be entitled to vote at a general election.","sortOrder":73},{"sectionNumber":"67D","sectionType":"section","heading":"Territory electorates","content":"#### 67D Territory electorates\n\n  (1) In this section:\n\n> quota, in relation to an electorate for the Territory, means the number calculated in accordance with the formula:\n\n> ![Start formula start fraction Number of Territory electors times Number of electorate members over Number of Territory members end fraction end formula](image.002.png)\n\n  where:\n\n> Number of Territory electors means the number of electors of the Territory.\n\n> Number of electorate members means the number of members to be elected by the electorate.\n\n> Number of Territory members means the number of members of the Assembly.\n\n  (2) A distribution or redistribution of the Territory into electorates is not to result in any electorate having, immediately after the distribution or redistribution:\n    (a) a number of electors of the Territory greater than 110% of its quota; or\n    (b) a number of electors of the Territory less than 90% of its quota.","sortOrder":74},{"sectionNumber":"Part IX","sectionType":"part","heading":"Miscellaneous","content":"## Part IX—Miscellaneous","sortOrder":75},{"sectionNumber":"69A","sectionType":"section","heading":"Acts that bind States to bind Territory","content":"#### 69A Acts that bind States to bind Territory\n\n  (1) If an Act (whether or not by express provision) binds each of the States, or the Crown in right of each of the States, that Act binds the Territory, or the Crown in right of the Territory, by force of this subsection, unless that Act specifically provides otherwise.\n  (2) Subsection (1) does not affect the application of a law of the Commonwealth in and in relation to the Territory otherwise than as provided in that subsection.","sortOrder":76},{"sectionNumber":"69","sectionType":"section","heading":"Trade and commerce to be free","content":"#### 69 Trade and commerce to be free\n\n  (1) Subject to subsection (2), trade, commerce and intercourse between the Territory and a State, and between the Territory and the Northern Territory, Norfolk Island, the Jervis Bay Territory, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands, shall be absolutely free.\n  (2) Subsection (1) does not bind the Commonwealth.","sortOrder":77},{"sectionNumber":"70","sectionType":"section","heading":"Validity of certain actions","content":"#### 70 Validity of certain actions\n\n  (1) In subsection (2):\n\n> office means the office of Chief Minister, Deputy Chief Minister, Minister, Presiding Officer, Deputy Presiding Officer or Commissioner.\n\n  (2) Anything done by or in relation to a person who has been elected or appointed to an office, or a person purporting to act in an office, under this Act is not invalid on the ground that:\n    (a) the occasion for the election or appointment had not arisen;\n    (b) there was a defect or irregularity in connection with the election or appointment;\n    (c) the election or appointment had ceased to have effect; or\n    (d) the occasion for the person to act had not arisen or had ceased.\n  (3) Anything done by or in relation to a person who has purported to sit or vote as a member at a meeting of the Assembly or of a committee is not invalid on the ground that the person:\n    (a) was not duly elected or chosen; or\n    (b) had vacated office as a member.","sortOrder":78},{"sectionNumber":"73","sectionType":"section","heading":"Remuneration and allowances","content":"#### 73 Remuneration and allowances\n\n  (1) In this section:\n\n> office means any of the following offices:\n\n    (a) Chief Minister;\n    (b) Deputy Chief Minister;\n    (c) Minister;\n    (d) member;\n    (e) Presiding Officer;\n    (f) Deputy Presiding Officer;\n    (fa) Chief Justice of the Supreme Court;\n    (fb) Judge of the Supreme Court;\n    (fc) Master of the Supreme Court;\n    (fd) Chief Magistrate;\n    (fe) Magistrate;\n    (g) an office declared by an enactment to be an office to which this section applies.\n  (2) Subject to subsection (3A) of this section and subsection 29A(2) of the A.C.T. Self‑Government (Consequential Provisions) Act 1988, a person is, in respect of services in an office, to be paid such remuneration and allowances:\n    (a) if they are determined or specified by or under an enactment—as so determined or specified; or\n    (b) in any other case—as are determined by the Remuneration Tribunal.\n  (3A) The remuneration and allowances of a person holding an office specified in paragraph (1)(fa), (fb), (fc), (fd) or (fe) are not to be diminished while the person holds that office.\n  (4) Where:\n    (a) the term of office of a person as member ends on the polling day for a general election; and\n    (b) the person is re‑elected at that general election;\n  then, for the purposes of this section, the person shall be taken to have continued to serve in the office of member until the day on which the election of the person is declared.\n  (5) Where:\n    (a) the term of office of a person as member ends because the Assembly is dissolved under section 16; and\n    (b) the person is a candidate at the next general election;\n  then, for the purposes of this section, the person shall be taken to have continued to serve in the office of member until the polling day for that general election or, if the person is re‑elected, until the day on which the election of the person is declared.","sortOrder":79},{"sectionNumber":"74","sectionType":"section","heading":"Regulations","content":"#### 74 Regulations\n\n  The Governor‑General may make regulations:\n    (a) prescribing matters:\n    (i) required or permitted by this Act to be prescribed; or\n    (ii) necessary or convenient to be prescribed for carrying out or giving effect to this Act; and\n    (b) adding further matters to Schedule 4.","sortOrder":80},{"sectionNumber":"Part 1","sectionType":"part","heading":"Ordinances of the Territory","content":"## Part 1—Ordinances of the Territory\n\n| Canberra Institute of the Arts Ordinance 1988                            |\n| ------------------------------------------------------------------------ |\n| Classification of Publications Ordinance 1983                            |\n| Companies Auditors and Liquidators Disciplinary Board Ordinance 1982     |\n| Corporate Affairs Commission Ordinance 1980                              |\n| National Land Ordinance 1989                                             |\n| National Memorials Ordinance 1928                                        |\n| Ordinance Revision (Companies Amendments) Ordinance 1982                 |\n| Police Pensions Ordinance 1958                                           |\n| Reserved Laws (Administration) Ordinance 1989                            |\n| Reserved Laws (Interpretation) Ordinance 1989                            |\n| The Commercial Banking Company of Sydney Limited (Merger) Ordinance 1982 |\n| The Commercial Bank of Australia Limited (Merger) Ordinance 1982         |\n| Unlawful Assemblies Ordinance 1937                                       |","sortOrder":81},{"sectionNumber":"Part 2","sectionType":"part","heading":"Acts of the Parliament of New South Wales in force in the Territory","content":"## Part 2—Acts of the Parliament of New South Wales in force in the Territory\n\nLife, Fire and Marine Insurance Act 1902","sortOrder":82},{"sectionNumber":"Part 3","sectionType":"part","heading":"Imperial Acts in force in the Territory","content":"## Part 3—Imperial Acts in force in the Territory\n\n| Demise of the Crown             | (1760) 1 Geo. 3 c. 23        |\n| ------------------------------- | ---------------------------- |\n| Naval Prize Act                 | (1864) 27 and 28 Vic. c. 25  |\n| Naval Prize (Procedure) Act     | (1916) 6 and 7 Geo. 5 c. 2   |\n| Prize Act                       | (1939) 2 and 3 Geo. 6 c. 65  |\n| Prize Courts Act                | (1894) 57 and 58 Vic. c. 39  |\n| Prize Courts Act                | (1915) 5 and 6 Geo. 5 c. 57  |\n| Prize Courts (Procedure) Act    | (1914) 4 and 5 Geo. 5 c. 13  |\n| Territorial Waters Jurisdiction | (1878) 41 and 42 Vic. c. 73. |","sortOrder":83}],"analysis":{"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original scope was to establish basic self-government machinery for the ACT. Over time, significant provisions have been added or amended that go beyond the original framework — notably Part VA (The Judiciary), which adds detailed judicial independence protections and removal procedures that reflect evolved constitutional norms. The finance provisions have been updated to reference modern Commonwealth financial management legislation (Public Governance, Performance and Accountability Act 2013). Electoral provisions (ss.66-67D) have been substantially developed beyond what would have been needed at commencement. The Governor-General's power to dissolve the Assembly has been refined with additional safeguards. Overall, the Act has grown to encompass more detailed constitutional protections than its original skeletal self-government framework anticipated."},"complexity_factors":["Constitutional/quasi-constitutional document covering multiple distinct areas of law simultaneously (legislature, executive, judiciary, finance, elections)","Layered system of legal hierarchy — Commonwealth law overrides ACT law, which overrides subordinate laws — requiring readers to understand interactions between multiple levels","Extensive cross-referencing between sections, schedules, and other Acts (e.g., Acts Interpretation Act 1901, Legislation Act 2003, Fair Work Act 2009, Superannuation Industry (Supervision) Act 1993)","Numerous defined terms with context-dependent meanings (e.g., 'Territory authority' has different meanings in different Parts; 'Territory' itself has two different meanings)","Entrenching provisions (s.26) create complex self-referential rules about how certain laws can be changed — laws about how to make laws","Significant sections are missing from the extracted text (section numbers jump, e.g., from s.31 to s.33, s.33 to s.34), suggesting important provisions are absent, making complete analysis difficult","The document appears to contain significant structural repetition/duplication in the provided text, suggesting formatting errors that add confusion","Electoral quota formula and redistribution rules require mathematical understanding","Interaction between Commonwealth and Territory powers is conceptually complex — the ACT is neither a State nor a simple municipality","Judicial removal process involves multiple sequential steps across different institutions (judicial commission, Assembly, Executive)"],"plain_english_summary":"## What This Law Does\n\nThis is the **founding constitutional document** for the ACT's self-government. Think of it as the ACT's version of a mini-constitution — it created the ACT's system of government from scratch in 1988, when Canberra residents got their own elected parliament for the first time.\n\n## Who It Affects\n\n**Everyone who lives in, works in, or does business with the ACT.** It affects:\n- **ACT voters** — it sets the rules for who can vote and how elections work\n- **ACT politicians** — it defines their powers, how they're elected, how they can be removed, and what they get paid\n- **ACT judges and magistrates** — it protects their independence and sets rules for removing them\n- **Businesses and individuals** — it defines what laws the ACT can and can't make that affect you\n\n## What It Actually Sets Up\n\n**1. The ACT as a legal entity**\nIt formally creates the ACT as a \"body politic\" (meaning it's a recognised legal entity — like a company but for a whole territory — that can own property, make laws, and be sued).\n\n**2. The Legislative Assembly**\nCreates the ACT's parliament (currently 25 members). Key rules include:\n- Members must swear an oath before they can take their seat\n- If a member misses 4 consecutive meetings without permission, they lose their seat\n- A member can't vote on matters where they have a personal financial interest\n- The federal government (Governor-General) can dissolve the Assembly if it's not functioning properly or behaving badly — a significant power that shows the ACT is *not* a fully independent state\n\n**3. The Executive (Cabinet)**\nCreates the ACT government — the Chief Minister and Ministers. Key rules:\n- The Chief Minister is elected by the Assembly members (not by voters directly)\n- A \"no confidence vote\" (a formal vote saying the Assembly has lost faith in the Chief Minister) requires a week's notice and enough members to form a quorum (minimum number to conduct business)\n- If the Assembly can't elect a new Chief Minister within 30 days of a no-confidence vote, a new election is triggered\n\n**4. What Laws the ACT Can and Can't Make**\nThis is crucial. The ACT Assembly has broad power to make laws for the \"peace, order and good government\" of the Territory — but there are firm limits. The ACT **cannot** make laws about:\n- Taking someone's property without fair compensation\n- Policing (Australian Federal Police run that)\n- The military\n- Minting money\n- Censorship classifications\n\nAlso critically: **Commonwealth law always wins** if there's a conflict. The federal Parliament can also pass a resolution saying ACT laws don't apply to Parliament House or its members.\n\n**5. The Courts**\nEstablishes the Supreme Court's role and protects judicial independence. Judges can only be removed through a formal process involving an independent judicial commission and a vote of the Assembly — they can't just be sacked.\n\n**6. Money and Finance**\nACT public money can only be spent if authorised by law. Only Ministers can propose spending public money in the Assembly. The Commonwealth must treat the ACT financially on the same basis as the States (accounting for Canberra's special role as the national capital).\n\n**7. Elections**\nSets out who can vote (basically: if you're on the electoral roll and could vote for the ACT's seat in the House of Representatives, you can vote). Electorate boundaries must be redrawn at least every 6 years.\n\n## The Big Picture: Why This Matters\n\nUnlike Australian states, the ACT is **not constitutionally independent** — it exists under federal authority. This law gives Canberrans real self-government, but the federal government retains significant override powers. The ACT can't amend or repeal this law itself. It remains a territory under Commonwealth control, which is why the ACT still can't, for example, make its own euthanasia or drug legalisation laws without federal approval (as history has demonstrated)."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"s. 8(3)","severity":"medium","reasoning":"The two-thirds threshold is calculated on the number 'provided for' rather than the number actually present or elected. If there are casual vacancies, the Assembly may be unable to muster a two-thirds supermajority of the statutory number even with unanimous support of all sitting members, creating a structural deadlock.","confidence":0.72,"description":"Bootstrap paradox in supermajority requirement for changing Assembly size. To pass an enactment changing the number of members from 17, two-thirds of 17 (i.e., 12 members) must vote in favour. But if the Assembly already has fewer than 17 members due to vacancies, it is unclear whether the threshold is calculated on the current actual membership or the nominal 17. The provision references 'the number of members provided for, at that time, by or in accordance with subsection (2)', which could mean the statutory number (17) even if seats are vacant, making compliance potentially impossible when vacancies exist."},{"type":"impossible_compliance","section":"s. 11(1) and s. 40(1)","severity":"medium","reasoning":"Section 18(4) provides that the Presiding Officer shall preside at all meetings. At the very first meeting post-election, there is no Presiding Officer yet. The Act gives no explicit authority for any other member to chair the election of the Presiding Officer, leaving the mechanism by which the first order of business can lawfully proceed unaddressed.","confidence":0.75,"description":"Chicken-and-egg problem at the first post-election meeting. Section 11(1) requires the Presiding Officer to be elected before 'any other business'. Section 40(1) requires the Chief Minister to be elected 'after electing a Presiding Officer and before any other business'. However, until the Presiding Officer is elected there is no one authorised to preside over the meeting under s. 18(4), creating a procedural gap as to who chairs the Presiding Officer election itself."},{"type":"circular_definition","section":"s. 26(2)","severity":"medium","reasoning":"The procedural precondition for the entrenching law (a referendum enactment) must be passed by ordinary majority and can be repealed by ordinary majority, meaning the entrenching mechanism can be neutered before it takes effect. The provision does not require the enabling referendum enactment to itself be entrenched.","confidence":0.7,"description":"Circular bootstrapping of the entrenching law referendum. Section 26(2) requires an entrenching law to be submitted to a referendum 'as provided by enactment'. Before self-government, no such enactment may exist. The entrenching law mechanism therefore cannot be activated until the Assembly has already passed a separate enactment providing for the referendum procedure — but that enabling enactment is itself an ordinary enactment susceptible to simple majority repeal before the entrenching law referendum is held."},{"type":"self_contradicting","section":"s. 40(3)","severity":"low","reasoning":"The sequencing of vacation of office (immediately before election of successor) and the obligation to elect a replacement at the same meeting creates a logical overlap, though it is likely manageable in practice.","confidence":0.6,"description":"Impossible immediate Chief Minister election following no-confidence resolution. Section 40(3) provides that 'if a resolution of no confidence in the Chief Minister is passed, the members present shall elect one of their number to be the Chief Minister'. This must occur at the same meeting, immediately after the no-confidence vote. However, s. 46(1)(c) provides that the outgoing Chief Minister vacates office only 'immediately before a Chief Minister is elected'. This means for a brief logical instant there is simultaneously a sitting Chief Minister and the Assembly is required to elect a new one."},{"type":"self_contradicting","section":"s. 44(3) and s. 44(4)","severity":"high","reasoning":"The provision appears intended to allow the Chief Minister to continue acting from overseas, but it explicitly permits concurrent exercise of the same powers without a tiebreaker or prioritisation rule. Two contradictory lawful decisions about the same matter could result, with no provision indicating which prevails.","confidence":0.82,"description":"Simultaneous exercise of Chief Minister powers by two people. Section 44(4) provides that the Deputy Chief Minister acting during the Chief Minister's absence from Australia 'does not affect the exercise of a power by the Chief Minister'. This means both the Deputy Chief Minister and the absent Chief Minister can simultaneously and validly exercise the same executive powers, potentially producing conflicting decisions with no resolution mechanism."},{"type":"impossible_compliance","section":"s. 67A(1)(c)","severity":"high","reasoning":"The Act effectively acknowledges that for the first two general elections, the s. 67A electoral enactment framework cannot apply (it expressly cannot apply until after the second election's polling day). No alternative framework is expressly substituted for those elections within Part VIII, creating a legal lacuna for the foundational elections establishing the Territory's legislature.","confidence":0.78,"description":"Electoral enactment validity condition creates a temporal impossibility. Section 67A(1)(c) requires that the electoral enactment governing general elections 'was made after polling day for the second general election'. This means the first and second general elections must be conducted without any valid electoral enactment complying with s. 67A, raising the question of what legal framework governs those elections and how members elected under it derive their authority."},{"type":"circular_definition","section":"s. 9(3)","severity":"low","reasoning":"The override mechanism presupposes the existence of a functioning Assembly, which itself presupposes compliance with the oath requirement the override is meant to modify. In practice this is unlikely to cause problems given the historical establishment of the Assembly, but logically the provision is circular.","confidence":0.6,"description":"An enactment can override the oath requirement for members, but members must already be seated to pass an enactment. Section 9(3) provides the oath requirement 'has effect subject to any enactment'. An enactment modifying or removing the oath obligation can only be made by a validly constituted Assembly. But if no members have yet taken oaths, there is no validly constituted Assembly to pass such an enactment. The provision is therefore self-referentially incoherent at the point of initial establishment."},{"type":"other","section":"s. 48(2)","severity":"medium","reasoning":"The absence of s. 48(1) from the text is structurally anomalous. The remaining subsection (2) refers to consequences 30 days after a no-confidence resolution but there is no subsection (1) to establish the primary operative rule. This may reflect a deliberate repeal, but as drafted it leaves the section incomplete.","confidence":0.85,"description":"Missing subsection (1) of section 48. The provision reproduced begins with subsection (2), with no subsection (1) present in the text. This creates a gap in the legislative scheme dealing with no-confidence resolutions, as the section appears to have been partially repealed or amended without substitution, leaving a dangling subsection reference."},{"type":"self_contradicting","section":"s. 25(6)","severity":"medium","reasoning":"The transition from the s. 25 regime to an alternative enactment-based notification regime requires the triggering enactment to be notified. If that notification relies on s. 25(1), s. 25(6) causes s. 25(1) to cease on the same day it is used, which may be logically coherent on a strict reading (ceases on 'commencement' of the new enactment, implying s. 25 was used to notify it), but the precision of the transition is legally fragile.","confidence":0.65,"description":"Self-defeating notification provision. Section 25(6) provides that ss. 25(1)-(5) cease to have effect upon commencement of an enactment providing alternative notification procedures. However, that enactment itself must be notified to take effect — and if ss. 25(1)-(5) have already ceased to have effect, the alternative notification procedure has not yet commenced, creating a gap in which no valid notification mechanism exists."}],"contradictions":[{"severity":"low","section_a":"s. 11(1)","section_b":"s. 40(1)","confidence":0.6,"description":"Section 11(1) requires election of the Presiding Officer 'before any other business'. Section 40(1) requires election of the Chief Minister 'before any other business' (after the Presiding Officer). Both cannot literally be 'before any other business' — only one can occupy that position. While the sections attempt a sequence, s. 11 and s. 40 both use the 'before any other business' formulation, which is internally contradictory if read literally."},{"severity":"high","section_a":"s. 44(3)","section_b":"s. 44(4)","confidence":0.85,"description":"Section 44(3) provides the Deputy Chief Minister 'shall exercise all the powers of the Chief Minister' while acting in that role. Section 44(4) provides that such exercise 'does not affect the exercise of a power by the Chief Minister'. These two provisions directly contradict each other: s. 44(3) vests all powers in the Deputy, while s. 44(4) preserves the same powers concurrently in the principal, creating two simultaneous holders of identical exclusive executive powers with no prioritisation mechanism."},{"severity":"medium","section_a":"s. 15(1)","section_b":"s. 15(2)","confidence":0.8,"description":"Section 15(1) prohibits a conflicted member from taking part in discussion or voting. Section 15(2) provides that 'a contravention of that subsection does not invalidate anything done by the Assembly'. The combined effect is a prohibition with no legal consequence — the Assembly's decisions remain valid regardless of a breach, making the prohibition essentially unenforceable as a matter of legislative outcome and arguably illusory."},{"severity":"low","section_a":"s. 58(1)","section_b":"s. 16(4)(b)","confidence":0.7,"description":"Section 58(1) provides that 'no public money of the Territory shall be issued or spent except as authorised by enactment'. Section 16(4)(b) permits the Commissioner, during a dissolution period, to issue or spend public money 'when not authorised to do so by or under enactment' with the authority of the Governor-General. This is an express exception to s. 58(1) but the exception permits exactly what s. 58(1) categorically prohibits, with no explicit acknowledgment in s. 58(1) of this carve-out (other than the parenthetical 'Subject to subsection 16(4)')."},{"severity":"medium","section_a":"s. 19","section_b":"s. 18(1)","confidence":0.72,"description":"Section 19 requires a no-confidence resolution to be 'passed by at least the number of members necessary to be a quorum'. Section 18(1) defines a quorum as 'an absolute majority of the members'. Section 18(2) provides questions are decided by 'a majority of the votes of the members present and voting'. A no-confidence resolution could therefore pass with less than an absolute majority of the total Assembly if some members abstain, since the quorum threshold refers to members present (not voting). This creates uncertainty about whether s. 19 requires a majority of total members or merely of those voting."},{"severity":"low","section_a":"s. 41(1)","section_b":"s. 42","confidence":0.55,"description":"Section 41(1) requires the Chief Minister to appoint Ministers 'from among the members of the Assembly'. Section 42 provides the Presiding Officer and Deputy Presiding Officer are not eligible to be Ministers. These provisions are consistent in isolation, but s. 44(1) requires the Chief Minister to appoint the Deputy Chief Minister 'from one of the Ministers'. If the Chief Minister is the only member not holding the Presiding Officer or Deputy Presiding Officer role, and the remaining members hold those offices, there may be no eligible pool from which to appoint Ministers, making the mandatory appointment obligations in ss. 41 and 44 simultaneously impossible to fulfil."},{"severity":"medium","section_a":"s. 28(1)","section_b":"s. 27","confidence":0.65,"description":"Section 27 provides enactments do not bind the Crown in right of the Commonwealth except as provided by regulations. Section 28(1) provides enactments have no effect to the extent inconsistent with Commonwealth laws in force in the Territory. Together these provisions create an asymmetric relationship: Commonwealth laws override Territory enactments (s. 28), and Territory enactments cannot bind the Commonwealth Crown (s. 27). However, s. 28 also provides enactments are consistent with Commonwealth law to the extent they 'are capable of operating concurrently'. If an enactment purports to operate concurrently but affects the Commonwealth Crown, ss. 27 and 28 provide conflicting outcomes — s. 27 invalidates the application to the Commonwealth Crown, while s. 28 would save it as a concurrent operation."},{"severity":"high","section_a":"s. 67A(1)(c)","section_b":"s. 67B","confidence":0.8,"description":"Section 67A(1)(c) requires the electoral enactment to have been 'made after polling day for the second general election'. Section 67B prescribes what an electoral enactment must contain, including provision for 'the times of general elections'. If the electoral enactment governing election timing cannot exist until after the second election, then the timing of the first and second elections cannot be governed by a s. 67A-compliant electoral enactment, meaning either those elections lack a valid statutory basis under Part VIII or the requirements of s. 67B are inapplicable to them — neither of which is expressly provided for."}]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act's original purpose of creating the body politic of the Australian Capital Territory (s 7), establishing the Legislative Assembly (s 8), the Executive (s 36) and conferring law-making power subject to defined exclusions has remained unchanged. Later insertions such as Part VA on the judiciary and updated references (e.g. to the Public Governance, Performance and Accountability Act 2013) refine mechanics and alignment with Commonwealth law without expanding or contracting the fundamental grant of self-government."},"complexity_factors":["More than 30 defined terms in the interpretation section (s 3), many of which are circular or cross-reference other sections (e.g. \"enactment\", \"judicial officer\", \"resolution of no confidence\")","Nested conditional rules across multiple parts, including special majorities, two-thirds votes, referendum requirements and time-bound procedures (ss 8(3), 19, 26, 67B)","Extensive cross-references to Schedules 2, 4 and 5, the Acts Interpretation Act 1901, Legislation Act 2003, Fair Work Act 2009 and Supreme Court Act 1933","Layered exceptions and savings provisions (e.g. s 23(2) allowing regulations to omit excluded matters, s 28 concurrency test, s 34(9) preserving common-law power)","Separate procedural codes for dissolution by Governor-General (s 16), no-confidence motions (ss 19, 48), judicial removal via commission (ss 48C–48D) and electoral redistributions (s 67D)"],"plain_english_summary":"**This Act establishes the Australian Capital Territory (ACT) as a self-governing body politic under the Crown.** It creates a Legislative Assembly (the local parliament elected by ACT residents) that can pass laws on most local matters for \"peace, order and good government\" of the Territory (s 22(1)). It sets up an Executive led by a Chief Minister and Ministers to run the government and carry out those laws (ss 36–46). The Act also outlines rules for elections, Assembly procedures (such as quorums, no-confidence votes and meetings), financial management of public money, and a Supreme Court with broad jurisdiction for justice in the Territory (s 48A). \n\nIt affects all ACT residents, public servants, elected members, and government bodies by giving them a local democratic system while keeping some limits set by the Commonwealth (for example, the Assembly cannot make laws on acquiring property without fair compensation, military forces, or certain police services under s 23). It matters because it lets the ACT control its own laws, budget and services like health, education and transport in a way similar to a state, but within the Australian federal system. Special rules protect key features, such as requiring a two-thirds vote of members to change the Assembly's size (s 8(3)) or a referendum for certain \"entrenched\" laws (s 26)."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The supplied text is the Act itself and does not include material showing a later expansion or narrowing of scope from the Act’s original design. The Act as written establishes self‑government for the Territory while explicitly reserving specified subjects to Commonwealth control (s.23) and preserving multiple Commonwealth supervisory roles (notably s.16). There is no indication in the supplied text that the scope set out here has been altered from the instrument’s own stated structure."},"complexity_factors":["Multiple branches created (Legislative Assembly, Executive, judiciary) with cross‑referenced powers and procedures (Parts III, IV, V, VA).","Significant cross‑references to other enactments and delegated enactment requirements (eg. numbers of members, electoral laws, remuneration) where the Act delegates many operational details to later laws (ss.8(2), 67B, 73).","Commonwealth reserve powers and intervention mechanics (Governor‑General dissolution and Commissioner appointment) introduce constitutional‑style discretion and procedural safeguards (s.16).","Detailed financial rules tying spending to enactments, limiting financial initiation to Ministers, and creating Commonwealth lending powers (ss.57–60, 65).","Layered judicial removal process requiring a judicial commission, Assembly determination and Executive action (ss.48C–48D).","Entrenchment and referendum mechanisms that allow higher thresholds or referendum requirements for particular Territory laws (s.26).","Conversion of a catalogue of existing laws into Territory enactments (s.34 and Schedules) importing legacy complexity."],"plain_english_summary":"What this law does (mechanics first)\n\n- Establishes a self‑governing Australian Capital Territory (the Territory) as a body politic (s.7).  It creates a local legislature (the Legislative Assembly) (s.8), an Executive (the Australian Capital Territory Executive) (s.36), and sets out how members, ministers and officers are chosen, removed and paid (Parts III, V, 73).\n- Gives the Assembly power to make laws for the Territory’s peace, order and good government, subject to enumerated limits (s.22; exclusions listed in s.23) and subject to particular procedures (notification of enactments s.25; special entrenched procedures s.26).  Many technical details (numbers of members, electoral rules, redistribution timing, etc.) must be provided by later Territory enactments (ss.8(2), 67A–67B, 67D).\n- Preserves a role for Commonwealth authorities: the Governor‑General may dissolve the Assembly and appoint a Commissioner to exercise Executive powers in certain circumstances (s.16); the Commonwealth Minister has roles for timing of elections and convening meetings where the Presiding Officer cannot (ss.16(2), 17(3), 16(3)).  The Governor‑General may also make regulations under this Act (s.74).\n- Sets financial rules: public money of the Territory is available for Territory expenditure but may only be spent as authorised by Territory enactment (ss.57–58); proposals to appropriate Territory public money must be put to the Assembly by a Minister (s.65); the Commonwealth Finance Minister may lend to the Territory on terms the Minister sets (s.60); the Commonwealth must conduct financial relations so the Territory is treated on the same basis as States and the NT, subject to special capital‑city considerations (s.59(1)) and certain Commonwealth costs are not charged to the Territory (s.59(2)).\n- Provides for the Territory judiciary: confirms Supreme Court jurisdiction (s.48A), allows Territory laws to give concurrent jurisdiction to the Federal Court (s.48AA), and requires any judicial‑conduct/removal scheme to involve an independent judicial commission and Assembly action (ss.48C–48D).\n- Converts a set of pre‑existing laws into Territory enactments to provide legal continuity at commencement (s.34 and Schedules).\n\nWho is affected (straightforward list)\n\n- Residents and electors of the ACT: the Act sets who votes at Territory general elections and requires an electoral enactment to provide Rolls and redistributions (ss.67B, 67C, 67D).\n- Members of the Assembly, the Chief Minister, Ministers, Presiding Officer, and other office holders: the Act prescribes their election, terms, resignation, disqualification, remuneration and certain behavioural rules (eg. oath s.9; conflicts s.15; disqualification s.14; remuneration s.73).\n- Territory authorities and bodies established by enactment or Executive action: the Act defines what counts as a Territory authority and the Executive’s responsibilities (definition and ss.37, 57–58).\n- Commonwealth executive (Governor‑General, Commonwealth Minister, Finance Minister): retains specific supervisory, regulatory and financial roles (ss.16, 17(3), 59, 60, 74).\n- Judicial officers and courts: the Act sets arrangements for judicial jurisdiction and removal procedures (Part VA).\n\nWhy it matters (claimed purpose and practical trade‑offs)\n\n- The Act’s stated structural purpose is to provide for local self‑government for the ACT by enabling a locally elected Assembly to make Territory law (s.22) and by creating an Executive to carry out Territory governance (s.36).  That transfers many day‑to‑day policy decisions from Commonwealth administration to Territory institutions.\n\n- Trade‑offs and costs visible in the text:\n  - Limits on legislative autonomy: the Assembly may not make laws on a list of reserved matters (examples: acquisition of property otherwise than on just terms; provision of AFP policing in the Territory; military forces; coinage; censorship classification) (s.23).  Mechanically, those exclusions narrow the range of policies the Assembly can adopt without Commonwealth involvement.\n  - Commonwealth reserve powers and intervention mechanics: the Governor‑General may dissolve the Assembly if the Assembly is, in the Governor‑General’s opinion, incapable of effectively performing its functions or is conducting affairs in a grossly improper manner; the Governor‑General then appoints a Commissioner to exercise Executive powers (s.16).  The Commonwealth Minister picks election dates within prescribed windows (s.16(2)(b)).  The Act requires publication and parliamentary laying of the reasons for dissolution (s.16(8)), which creates a formal accountability record but preserves a strong Commonwealth discretion to intervene.\n  - Concentration of fiscal initiative and spending controls: appropriation proposals for Territory public money must be proposed by a Minister (s.65(1)), and no Territory public money may be issued or spent except as authorised by enactment (s.58(1)).  Those rules concentrate budget initiative in the Executive and require legislative authorisation for spending, which limits private members’ ability to initiate spending and creates a compliance requirement that enactments authorise expenditure.\n  - Financial dependence mechanisms: the Commonwealth Finance Minister may lend to the Territory on terms set by that Minister (s.60).  Section 59 places an obligation on the Commonwealth to treat the Territory on the same basis as States and the Northern Territory “while having regard to” national‑capital special circumstances; subsection 59(2) also specifies categories of Commonwealth cost that the Territory must not bear.  These provisions create both an expectation of parity with States and formal levers (loans, conditions) through which the Commonwealth influences Territory finances.\n  - Judicial independence safeguards and layered removal process: removal of a judicial officer must follow a report from a judicial commission with specific composition rules (s.48C), a finding by the Assembly and a motion requiring removal, and removal by the Executive in writing (s.48D).  That design creates procedural protection for judges but also multiple institutional steps that can delay or complicate removals.\n  - Continuity and inherited complexity: pre‑existing Ordinances, NSW Acts and imperial Acts listed or captured by s.34 are converted into enactments to preserve continuity.  That reduces legal disruption at commencement but imports the complexity and potential inconsistencies of legacy instruments into the Territory statute book.\n\nWho pays, who decides, and what behaviour changes (concrete mechanisms)\n\n- Who pays: public money of the Territory funds Territory expenditure (s.57).  That money cannot be spent except as authorised by Territory enactment (s.58(1)).  The Commonwealth may lend money to the Territory (s.60); the Territory is not liable for certain Commonwealth costs (s.59(2)).\n- Who decides: the Assembly makes Territory laws (s.22); the Chief Minister is elected by Assembly members and appoints Ministers (s.40, s.41); the Governor‑General and Commonwealth Minister retain override and supervisory powers (s.16, s.17(3), s.16(2)–(3)); the Finance Minister sets lending terms (s.60); the Remuneration Tribunal or enactment determines pay (s.73).\n- Behavioural rules imposed: members must take an oath/affirmation (s.9); conflict‑of‑interest voting rules restrict participation where members have contracts with the Territory (s.15); members may be disqualified for absence or improper remuneration (s.14); only Ministers may propose appropriation votes (s.65).\n\nImplementation risks, compliance burdens and discretion points (text‑based)\n\n- Discretion points requiring design or exercise: Governor‑General’s subjective opinion that triggers dissolution (s.16(1)); the Commonwealth Minister’s election‑timing choices within defined windows (s.16(2)(b)); regulations the Governor‑General may make (s.74); the Finance Minister’s loan terms (s.60).  These are single‑actor discretionary levers with procedural obligations attached (eg. publication of dissolution reasons, s.16(8)).\n- Compliance and administrative burdens: publication of enactments and provision of copies for purchase (s.25, s.31); the requirement that many operational matters (numbers of members, electoral details, retirement ages, remuneration) be set by enactment or subordinate law (eg. ss.8(2), 67B, 73) creates workload for the new Assembly and Executive.\n- Concentrated benefits vs. diffuse costs visible in the structure: the Executive (Chief Minister and Ministers) has concentrated control over executive action and fiscal initiation (ss.39–41, 65); many residents and smaller interest groups bear the administrative costs of electoral rolls, redistributions and publication requirements (ss.67B, 67D, 25)."}},"importantCases":[],"_links":{"self":"/api/acts/australian-capital-territory-self-government-act-1988","history":"/api/acts/australian-capital-territory-self-government-act-1988/history","analysis":"/api/acts/australian-capital-territory-self-government-act-1988/analysis","conflicts":"/api/acts/australian-capital-territory-self-government-act-1988/conflicts","importantCases":"/api/acts/australian-capital-territory-self-government-act-1988/important-cases","documents":"/api/acts/australian-capital-territory-self-government-act-1988/documents"}}