{"id":"C1926A00016","name":"Northern Australia Act 1926","slug":"northern-australia-act-1926","collection":"act","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":"16 of 1926","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":3390,"registerId":"commonwealth-C1926A00016-current","compilationNumber":null,"startDate":"2026-03-30","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Northern Australia Act 1926","content":"NORTHERN AUSTRALIA.\n\nNo. 16 of 1926.\n\nAn Act to make further provision for the Development and Government of the Northern Territory of Australia and for other purposes.\n\n\\[Assented to 4th June, 1926\\]\n\nPreamble.\n\nWHEREAS under and in pursuance of the Northern Territory Acceptance. Act 1910–1919 the Northern Territory of Australia was accepted by the Commonwealth as a Territory under the authority of the Commonwealth:\n\nAnd whereas by the Northern Territory (Administration) Act 1910 provision was made for the provisional government of the Northern Territory:\n\nAnd whereas by the Northern Territory Representation Act 1922–1925 provision was made for the representation of the Northern Territory in the Parliament of the Commonwealth:\n\nAnd whereas it is expedient that in anticipation of, and with a view to the making of preparation for, the establishment of a measure of self-government in the Northern Territory, further provision be made for the development and government of the Territory:\n\nBe it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—\n\nPart I.—Preliminary.\n\nShort title.\n\n1. This Act may be cited as the Northern Australia Act 1926.\n\nCommencement.\n\n2. This Act shall commence on a date to be fixed by Proclamation.\n\nParts.\n\n3. This Act is divided into Parts, as follows:—\n\nPart I.—Preliminary.\n\nPart II.—Constitution and Powers of North Australia Commission.\n\nPart III.—Co-operation with States.\n\nPart IV.—Division of Territory into North Australia and Central Australia.\n\nDivision 1.—Procedure for effecting Division.\n\nDivision 2.—North Australia.\n\nDivision 3.—Central Australia.\n\nDivision 4.—North Australia and Central Australia.\n\nPart V.—Miscellaneous.\n\n  \n\nRepeal.\n\n4. The Acts mentioned in the Schedule to this Act are, to the extent therein expressed, hereby repealed as from the proclaimed day mentioned in section thirty-six of this Act.\n\nDefinitions.\n\n5.—(1.) In this Act, unless the contrary intention appears—\n\n“Central Australia” means that part of the Territory situated south of the twentieth parallel of South Latitude;\n\n“North Australia” means that part of the Territory situated north of the twentieth parallel of South Latitude;\n\n“the Advisory Council”, when used in relation to North Australia, means the North Australian Advisory Council appointed under this Act, and when used in relation to Central Australia, means the Central Australian Advisory Council appointed under this Act;\n\n“the Chairman” means the Chairman of the Advisory Council in relation to which the expression is used;\n\n“the Commission” means the Commission appointed under this Act;\n\n“the Government Resident”, when used in relation to North Australia, means the Government Resident of North Australia appointed under this Act, and when used in relation to Central Australia means the Government Resident of Central Australia appointed under this Act;\n\n“ the Territory” and “the Northern Territory” mean the Northern Territory of Australia.\n\n(2.) In Part II. of this Act, unless the contrary intention appears—\n\n“Commissioner” means a member of the Commission appointed by the Governor-General in pursuance of Part II. of this Act;\n\n“member of the Commission” means a member appointed in pursuance of Part II. or Part III. of this Act.\n\nPart II.—Constitution and Powers of North Australia Commission.\n\nEstablishment of Commission.\n\n6.—(1.) For the purposes of this Act there shall be a North Australia Commission, which shall be charged with the general administration of this Part of this Act.\n\n(2.) The Commission shall be a body corporate, with perpetual succession and a common seal, and may acquire, hold and dispose of real and personal property, and shall be capable of suing and being sued.\n\n(3.) All Courts, Judges and persons acting judicially shall take judicial notice of the seal of the Commission affixed to any document or notice, and shall deem that it was duly affixed.\n\nMembers of Commission.\n\n7.—(1.) The Commission shall consist of three members who shall be appointed by the Governor-General, and such additional members (if any) as are appointed in pursuance of Part III. of this Act.\n\n(2.) The Governor-General shall appoint one of the Commissioners to be Chairman of the Commission.\n\n  \n\n(3.) Each Commissioner shall devote the whole of his time to the duties of the office or offices held by him under the Commonwealth.\n\n(4.) In the case of the illness, or absence from Australia, or suspension of any Commissioner, or in the event of the office of a Commissioner becoming vacant, the Governor-General may appoint a person to act during the illness, absence or suspension, or until the appointment of a Commissioner, as the case may be, and the person so acting shall have all the powers and perform all the duties of a Commissioner.\n\n(5.) At their first meeting in each calendar year the members of the Commission may elect one of their number to be Deputy Chairman until the first meeting of the Commission in the next calendar year.\n\n(6.) In the absence of the Chairman from any meeting, the Deputy Chairman shall preside.\n\n(7.) At any meeting of the Commission two members of the Commission shall form a quorum where the number of members does not exceed three, and three members shall form a quorum where the number of members of the Commission exceeds three.\n\n(8.) At any meeting of the Commission at which the Chairman is present, he shall have a deliberative vote, and, in the event of an equality of voting, a second or casting vote.\n\n(9.) If at any meeting of the Commission at which the Chairman is not present the members present differ in opinion upon a matter, the determination of that matter shall, unless there are present at least three members of the Commission, be postponed to the next meeting of the Commission.\n\nTimes and places of meetings of Commission.\n\n8. The Commission shall sit at such times and places in North Australia as the Chairman determines.\n\nPeriod of office and remuneration of Commissioners.\n\n9.—(1.) The Commissioners shall be appointed for a term not exceeding five years, and at such rates of remuneration as the Governor-General thinks fit.\n\n(2.) Thereafter each appointment of a Commissioner shall be for a term not exceeding five years.\n\n(3.) Every person who is appointed a Commissioner shall, on the expiration of his term of office, be eligible for re-appointment.\n\n(4.) Upon the happening of a vacancy in the office of a Commissioner, the Governor-General may appoint a person to the vacant office, and the person so appointed shall, subject to this Act, hold office until the expiration of the term for which his predecessor was appointed.\n\nSuspension of Commissioner or Acting Commissioner.\n\n10.—(1.) The Minister may suspend a Commissioner or Acting Commissioner from office for inability, inefficiency or misbehaviour, or neglect or failure to carry out any of the provisions of this Act or the regulations.\n\n(2.) The Minister shall, within seven days after the suspension, if the Parliament is then sitting, or, if the Parliament is not then sitting, within seven days after the next meeting of the Parliament, cause to be laid before both Houses of the Parliament a full statement of the\n\n  \ngrounds of suspension, and if within sixty days thereafter an address is presented to the Governor-General by the Senate and the House of Representatives praying for the restoration of the Commissioner or Acting Commissioner, as the case may be, to office he shall be restored accordingly; but if no such address is so presented the Governor-General may confirm the suspension and declare the office of the Commissioner or Acting Commissioner, as the case may be, to be vacant, and the office shall thereupon be and become vacant.\n\nOffice of Commissioner, how vacated.\n\n11.—(1.) A Commissioner or Acting Commissioner shall be deemed to have vacated his office if—\n\n(a) he becomes bankrupt or insolvent, or applies to take the benefit of any Act or State Act for the relief of bankrupt or insolvent debtors, or compounds with his creditors or makes an assignment of his salary for their benefit; or\n\n(b) he is wilfully absent from duty for a period of fourteen consecutive days, except on leave granted by the Minister (which leave the Minister is hereby authorized to grant), or becomes permanently incapable of performing his duties: or\n\n(c) he, in any way, otherwise than as a member, and in common with the other members, of an incorporated company consisting of more than twenty-five persons—\n\n(i) becomes concerned or interested in any contract or agreement made by or on behalf of the Commission; or\n\n(ii) participates, or claims to be entitled to participate, in the profit of any such contract or agreement or in any benefit or emolument arising therefrom.\n\n(2.) If a Commissioner or Acting Commissioner becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Commission, or in any way participates, or claims to be entitled to participate, in the profit thereof, or in any benefit or emolument arising therefrom, otherwise than as a member and in common with the other members of an incorporated company consisting of more than twenty-five persons, he shall be guilty of an indictable offence\n\nPenalty: Five hundred pounds, or imprisonment for. three years or both.\n\nUncertificated Insolvent not to be Commissioner or Acting Commissioner.\n\n12. A person who is an uncertificated bankrupt or insolvent shall be incapable of being appointed a Commissioner or an Acting Commissioner.\n\nCommissioner not subject to Commonwealth Public Service Act 1922–1924.\n\n13.—(1.) The Commissioners shall not, in respect of their services as Commissioners, be subject to the Commonwealth Public Service Act 1922–1924.\n\n(2.) If an officer of the Public, Railway or other Service of the Commonwealth or of the Territory is appointed a Commissioner, his service as Commissioner shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were\n\n  \nservice in the Public, Railway or other Service of the Commonwealth or of the Territory, as the case may be, and if an officer of the Public, Railway or other Service of a State is appointed a Commissioner, his service as Commissioner shall, for the purpose of determining his existing and accruing rights, be taken into account as if it were service in the Public Service of the Commonwealth and as if he had been an officer of a department transferred to the Commonwealth and were retained in the service of the Commonwealth.\n\nAppointment of officers.\n\n14.—(1.) Subject to this Act, the Commission may appoint such officers as it thinks necessary for the purposes of this Act.\n\n(2.) Officers employed under this Act shall not be subject to the Commonwealth Public Service Act 1922–1924 or to the Public Service Ordinance 1913–1925 of the Territory, but shall be engaged for such periods and shall be subject to such conditions as are prescribed.\n\n(3.) An officer of the Public, Railway or other Service of the Commonwealth, or of the Public, Railway or other Service of a State, or of the Public Service of the Territory, who becomes an officer under this Act shall retain all his existing and accruing rights.\n\n(4.) An officer of the Public, Railway or other Service of the Commonwealth or of the Public Service of the Territory who becomes an officer under this Act shall not thereby be required to resign from the Public, Railway or other Service of the Commonwealth or the Public Service of the Territory, as the case may be, but may be granted leave of absence for the period of his employment under this Act, and the period of leave so granted shall, for all purposes, be included as part of the officer’s period of service.\n\n(5.) Upon the termination of the employment under this Act of any such officer who has not been dismissed for misconduct, he shall be entitled to re-appointment to a position in the Public, Railway or other Service of the Commonwealth or the Public Service of the Territory, as the case may be, with such advancement in salary and status beyond those held by him in that Service immediately prior to his appointment under this Act, as the authority having power to make appointments to the Public, Railway or other Service of the Commonwealth, or Public Service of the Territory, as the case maybe, in the circumstances, thinks just.\n\n(6.) In determining the status and salary to which the officer shall be advanced, the authority shall take into consideration the period of service of the officer under this Act.\n\nRestriction on powers of Commission in relation to appointments and increments.\n\n15. The Commission shall not, without the sanction of the Minister—\n\n(a) create any office carrying remuneration in excess of Five hundred pounds per annum;\n\n(b) appoint any person to any such office; or\n\n(c) increase the remuneration of any officer to an amount exceeding Five hundred pounds per annum.\n\nPowers of Commission.\n\n16.—(1.) Subject to this Act, the powers of the Commission shall extend to the following matters in relation to the development of\n\n  \nso much of the Territory as is situated north of the twentieth parallel of South Latitude (in this Act referred to as “the prescribed part of the Territory “):—\n\n(a) the maintenance and operation of railways subject to the terms of any arrangement made between the Minister and the Commonwealth Railways Commissioner;\n\n(b) the construction and maintenance of roads;\n\n(c) the erection of telegraph and telephone lines;\n\n(d) water boring and conservation;\n\n(e) ports and harbours; and\n\n(f) such other matters in relation to the development of the Territory as are specified in any regulation made under this Act.\n\n(2.) The Governor-General may, by Proclamation, declare that, as regards any power conferred on the Commission by. this Act, the power shall not extend to the whole of the prescribed part of the Territory, but only to a specified portion thereof, or may, by Proclamation, exclude any portion of the prescribed part of the Territory from the scope of any power conferred on the Commission by this Act.\n\n(3.) Any Proclamation issued in pursuance of the last preceding sub-section shall be of full force and effect as if incorporated in this Act, but may at any time be revoked.\n\n(4.) In addition to the powers specified in sub-section (1.) of this section, the powers of the Commission shall include the administration throughout the Territory of Crown lands in accordance with Ordinances made or to be made in pursuance of the Northern Territory (Administration) Act 1910 or in pursuance of this Act.\n\n(5.) In the exercise of its powers under this Act, the Commission shall utilize as far as possible the services of officers of the Public, Railway or other Service of the Commonwealth, the North Australia Public Service and the Central Australia Public Service.\n\nPreparation of scheme for development of Territory generally.\n\n17.—(1.) As soon as practicable after its appointment the Commission shall prepare and submit to the Minister a scheme for the development of the prescribed part of the Territory, together with information and explanations in detail in relation thereto.\n\n(2.) The Minister may at any time require the Commission to supply further information or explanations in relation to the scheme, and the Commission shall furnish such information or explanations accordingly.\n\n(3.) If the Minister approves of the whole or part of the scheme, the Commission shall take all necessary steps to give effect to the whole or part of the scheme as so approved.\n\n(4.) If the Minister declines to approve any part of the scheme, it shall be the duty of the Commission to prepare and supply a fresh scheme.\n\n(5.) The provisions of sub-sections (2.) and (3.) of this section shall apply in relation to any scheme submitted in pursuance of the last\n\n  \npreceding sub-section in like manner as they apply to a scheme submitted in pursuance of sub-section (1.) of this section.\n\nPreparation of scheme for development of Territory in a particular direction.\n\n18.—(1.) The Minister may at any time require the Commission to prepare and submit to him a scheme for carrying out any particular phase of development of the prescribed part of the Territory, and the Commission shall prepare and submit a scheme accordingly.\n\n(2.) The provisions of sub-sections (2.) to (4.) inclusive of section seventeen shall apply in relation to any such scheme in like manner as they apply in relation to a scheme submitted in pursuance of sub-section (1.) of that section.\n\nBy-laws.\n\n19.—(1.) The Commission may, subject to the approval of the Governor-General, make by-laws, not inconsistent with this Act or with any regulation made under this Act, or with any ordinance made in pursuance of the Northern Territory (Administration) Act 1910 or in pursuance of this Act or with any regulation made under any such ordinance, prescribing all matters which appear to it to be necessary or convenient, for carrying out or giving effect to any power conferred by this Act upon the Commission, and in particular for prescribing penalties not exceeding Fifty pounds or imprisonment for three months for any contravention of the by-laws.\n\n(2.) All such by-laws shall—\n\n(a) be notified in the Gazette;\n\n(b) take effect from the date of notification, or from a later date specified in the by-laws; and\n\n(c) be laid before both Houses of the Parliament within thirty days of the making thereof, or, if the Parliament is not then sitting, within thirty days after the next meeting of the Parliament.\n\n(3.) If either House of the Parliament passes a resolution, of which notice has been given at any time within fifteen sitting days after any by-law has been laid before that House, disallowing that by-law, that by-law shall thereupon cease to have effect.\n\n(4.) By-laws shall be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903–1916.\n\nPreliminary Investigation of proposed railway route.\n\n20.—(1.) If the Commission is of opinion that the construction of any railway in North Australia is desirable, it shall so report to the Minister.\n\n(2.) Upon receipt of any such report, the Minister may refer the matter to the Commonwealth Railways Commissioner for the purpose of having investigations, inspections and preliminary surveys made of the route of the proposed railway.\n\n(3.) The Commonwealth Railways Commissioner shall supply to the Minister, if required, such plans, reports, estimates and information generally in respect of any proposed railway route in North Australia, as the Minister requires or as will in the opinion of the Commissioner be of service to the Minister.\n\n(4.) The expenditure incurred by the Commissioner in making investigations, inspections and surveys at the direction of the Minister\n\n  \nshall not in any case exceed the sum authorized by the Minister for the purpose.\n\n(5.) For the purpose of carrying out his duties under this section, the Commissioner shall have and may exercise any of the powers conferred on him by Part V. of the Commonwealth Railways Act 1917–1925 in relation to the construction of new railways.\n\n(6.) Upon receipt of the plans, reports, estimates and information supplied to him in pursuance of this section, the Minister shall refer them to the Commission for consideration, and shall require the Commission to furnish him with a report as to whether, in the opinion of the Commission, the construction of the railway is desirable.\n\nProcedure for authorization of construction of railways.\n\n21.—(1.) The construction of a railway in North Australia shall not be authorized by the Parliament except in pursuance of an Act of the Parliament the Bill for which was introduced into the House of Representatives by or on behalf of the Minister.\n\n(2.) If, upon consideration of the report furnished by the Commission in pursuance of sub-section (6.) of the last preceding section, the Minister proposes to introduce into the House of Representatives a Bill for the purpose of authorizing the construction of a railway in North Australia, the Minister shall so inform the Commonwealth Railways Commissioner, and shall require the Commissioner to transmit to him the following information:—\n\n(a) A plan of the railway and of the lands through which it is to pass;\n\n(b) A book of reference in which shall be set forth the names of the owners of the said lands so far as can with reasonable diligence be ascertained, a description of the said lands showing the bearings of the railway and the nature and quality of cultivation, the state of the enclosures (if any) and the quantity of the land required for the purpose of the railway;\n\n(c) The estimated cost of the railway (including station buildings, signalling, &c), when completed;\n\n(d) The additional rolling stock (if any) likely to be required for working the railway, and an estimate of the cost thereof;\n\n(e) The estimated working expenses of the railway, including traffic, locomotive and maintenance charges;\n\n(f) The probable revenue which would be derived from the traffic on the railway;\n\n(g) Any other special advantages which are likely to accrue to the Territory generally from the construction of the railway; and\n\n(h) A general statement of the primary and other industries, and the possibilities thereof, of the district served by the proposed railway.\n\n(3.) If it is proposed that the construction of the railway should be along, over or across any public reserve or road, the plans, sections and books of reference shall also contain particulars of the levels and specify the several areas required to be taken for the purposes of the railway.\n\n  \n\n(4.) The information supplied by the Commissioner in response to a requirement made in pursuance of this section shall be laid before both Houses of the Parliament before the introduction into the Parliament of any Bill for the purpose of authorizing the construction of the railway.\n\n(5.) Any such Bill shall contain provisions relating to the following matters:—\n\n(a) A detailed description of the route of the proposed railway;\n\n(b) The limit of deviation; and\n\n(c) The maximum cost of the proposed railway.\n\n(6.) If the Parliament by Act authorizes the construction of any railway in North Australia, the construction shall be undertaken by the Commonwealth Railways Commissioner on behalf, and at the expense, of the Commission, and for the purposes of that construction the Commissioner shall have all the powers conferred upon him by the Commonwealth Railways Act 1917–1925 in relation to the construction of railways.\n\nConstruction of public works exceeding £25,000.\n\n22.—(1.) The construction of any public work in North Australia in relation to ports or harbours, or to the erection of telegraph or telephone lines, the estimated cost of completing which exceeds Twenty-five thousand pounds, whether such work is a continuation, completion, repair, re-construction or extension, or a new work, shall not be authorized by the Parliament except in pursuance of an Act of the Parliament the Bill for which was introduced into the House of Representatives by or on behalf of the Minister.\n\n(2.) If the Commission is of opinion that the construction of any such work in North Australia is desirable, it shall so report to the Minister.\n\n(3.) Upon receipt of any such report, the Minister, if the proposed work relates to ports or harbours, may refer the matter to the Minister for Works and Railways of the Commonwealth for the preparation of plans and specifications of the proposed work and estimates of the cost thereof, and, if the proposed work relates to the erection of telegraph or telephone lines, may refer the matter to the Postmaster-General for the preparation of plans of the route and estimates of the cost of the proposed line.\n\n(4.) Upon receipt of any plans, specifications and estimates prepared in pursuance of the last preceding sub-section, the Minister shall refer them to the Commission for consideration and shall require the Commission to furnish him with a report as to whether in the opinion of the Commission it is expedient to carry out the proposed work.\n\n(5.) The report of the Commission in relation to any proposed work, together with any plans, specifications and estimates prepared in pursuance of this section, shall be laid before both Houses of the Parliament before the introduction into the Parliament of any Bill for the purpose of authorizing the construction of the proposed work.\n\n(6.) If the Parliament by Act authorizes the construction of the proposed work the construction shall, if the work relates to ports or\n\n  \nharbours, be undertaken by the Department of Works and Railways of the Commonwealth on behalf, and at the expense, of the Commission.\n\nNon-application of Commonwealth Public Works Committee Act 1913–1921 to certain works.\n\n23. The provisions of the Commonwealth Public Works Committee Act 1913–1921 shall not apply in relation to any public work to which the provisions of any of the last three preceding sections apply, unless the Parliament otherwise directs.\n\nTransfer to Commission of railways in North Australia.\n\n24. Upon a date to be fixed by Proclamation there shall be vested absolutely in the Commission, and, in respect of land, for an estate in fee simple—\n\n(a) all railways in North Australia, and all rolling stock heretofore constructed or acquired by the Commonwealth pursuant to any Act in force for the time being authorizing the construction or acquisition of railways or rolling-stock for the purpose of any railway in North Australia;\n\n(b) all wharves, stations, yards and buildings connected, or used in connexion, with such railways;\n\n(c) all land the property of the Commonwealth over or upon which such wharves, stations, yards and buildings have been constructed or erected;\n\n(d) all land acquired in North Australia for or on behalf of the Commonwealth for railway purposes; and\n\n(e) all wires, instruments and other telegraphic or telephonic apparatus (not being the property of the Postmaster-General) used in North Australia in connexion with the railways.\n\nCommission to prepare annual estimates.\n\n25.—(1.) The Commission shall prepare, in such form as the Minister directs, and submit, not later than the thirty-first day of March in each year, for the approval of the Minister, and the concurrence of the Treasurer, estimates of the receipts and expenditure of the Commission for the next ensuing financial year.\n\n(2.) No expenditure shall, without the sanction of the Minister and the concurrence of the Treasurer, be incurred by the Commission except in accordance with estimates approved by the Minister and concurred in by the Treasurer.\n\nQuarterly reports by Commission.\n\n26. In the first month in each quarter the Commission shall furnish to the Minister a written report setting out—\n\n(a) the approximate expenditure and receipts during the past quarter;\n\n(b) the general condition as regards works under the control of the Commission; and\n\n(c) the appointments and removals of officers.\n\nFurther reports to Minister.\n\n27. The Commission shall furnish all such reports, documents and information relating to the prescribed part of the Territory as the Minister requires.\n\n  \nAnnual report.\n\n28.—(1.) The Commission shall, once in every year, make to the Minister a report containing an account of its control and management of the affairs of the prescribed part of the Territory during the preceding year.\n\n(2.) The Minister shall cause the report of the Commission to be laid before both Houses of the Parliament within thirty days after the receipt thereof, if the Parliament is then sitting, and, if not, within thirty days after the next meeting of the Parliament.\n\nReceipts and expenditure of Fund.\n\n29.—(1.) The revenue of the Commission shall consist of the following moneys :—\n\n(a) Charges for services;\n\n(b) Moneys received in pursuance of any by-law made under this Act or any Ordinance administered by the Commission;\n\n(c) Moneys appropriated by the Parliament of the Commonwealth for the purposes of the development of the Territory;\n\n(d) Fines recovered for any contravention of—\n\n(i) any by-law made under this Act, or\n\n(ii) any Ordinance administered by the Commission;\n\n(e) Moneys borrowed by or on behalf of the Commission in pursuance of this Act; and\n\n(f) Any other moneys received by the Commission.\n\n(2.) All such moneys shall be carried to the credit of a fund to be called the “North Australia Commission Fund”.\n\n(3.) The North Australia Commission Fund shall be applied by the Commission towards the payment of the salaries and expenses of members of the Commission and officers employed under this Act, and of all other expenses necessarily incurred in carrying this Act into execution, and of doing and performing all acts and things which the Commission is empowered or required to do or perform.\n\n(4.) Any surplus standing to the credit of the North Australia Commission Fund shall be applied in the first instance to the reduction of the liability of the Commission in respect of moneys borrowed under this Act, and of any liability of the Commission under this Act, and thereafter in payment into the Consolidated Revenue Fund.\n\nAccounts subject to audit by Auditor-General.\n\n30. The accounts of the Commission shall be subject to inspection and audit by the Auditor-General.\n\nBorrowing of moneys.\n\n31.—(1.) For the purpose of the exercise of any of its powers under this Act the Commission may, in pursuance of a resolution passed by both Houses of the Parliament; borrow moneys to such amount, in such manner, and on such terms, as the Treasurer approves.\n\n(2.) The Commission may, from time to time, in lieu of exercising the power conferred on it by the last preceding sub-section, request the Treasurer to borrow moneys on its behalf, and the Treasurer may thereupon, under the provisions of the Commonwealth Inscribed Stock Act 1911–1918 or under the provisions of any Act authorizing the issue of Treasury Bills, borrow, on behalf of the Commission, moneys not exceeding the amounts authorized, by any\n\n  \nAct or in pursuance of any resolution passed by both Houses of the Parliament, to be borrowed for the purpose of the exercise of any of the powers of the Commission.\n\n(3.) The indebtedness of the Commission to the Commonwealth in respect of moneys borrowed by the Treasurer on its behalf shall include such amounts as the Treasurer certifies are necessary to cover all costs and charges (including exchange) incurred in connexion with the relative loans and all discounts on the flotation of such loans.\n\n(4.) Interest shall be payable by the Commission to the Commonwealth, on such dates as the Treasurer determines, on the indebtedness of the Commission as determined in the last preceding sub-section at a rate sufficient to recoup the Commonwealth the interest paid by it in respect of that indebtedness and the terms and conditions of the repayment of the indebtedness of the Commission to the Commonwealth shall be as determined by the Treasurer.\n\n(5.) The Commission shall in each year during which interest is payable to the Commonwealth pay to the Treasurer such amounts as the Treasurer certifies are necessary to cover the cost of exchange on interest payments, commission for paying interest, stamp duty on loan transfers and charges (other than those referred to in sub-section (3.) of this section) payable by the Commonwealth in respect of the relative loans.\n\n(6.) In addition to any interest payable by the Commission on its indebtedness to the Commonwealth, the Commission shall, in each year during which interest is payable, and on the dates on which interest is payable, pay to the Treasurer a sinking fund contribution at the rate of Ten shillings per annum for every One hundred pounds or portion of One hundred pounds of its indebtedness until those moneys are repaid to the Commonwealth.\n\n(7.) Each contribution received by the Treasurer under the last preceding sub-section shall be paid into the National Debt Sinking Fund established under the National Debt Sinking Fund Act 1923–1925.\n\n(8.) There may be issued and applied out of the proceeds of any loan raised by the Treasurer under the authority of any Act, including this Act, any sum not exceeding the amounts authorized by the Act to be borrowed for the purpose of the exercise of any of the powers of the Commission and for the expenses of borrowing.\n\n(9.) Moneys borrowed under the authority of this section shall be used only for the expenses of borrowing and for the purposes approved by the Minister.\n\n(10.) The Commonwealth by this Act guarantees the payment by the Commission of the principal moneys borrowed by the Commission in pursuance of this section, and of any interest due upon those moneys.\n\n(11.) Pending the borrowing of moneys in pursuance of this section, the Treasurer may from time to time advance to the Commission, out of any moneys in the Commonwealth Public Account, such sums as he thinks fit.\n\n  \n\n(12.) Any moneys so advanced shall bear interest at such rate as is fixed by the Treasurer, and shall be repayable to the Commonwealth from the proceeds of the first loan raised by or on behalf of the Commission after the moneys have been advanced.\n\nAcquisition of lands for purposes of Act.\n\n32.—(1.) Subject to this Act and to the consent of the Minister, any private lands, or any lands being Crown lands of the Commonwealth, roads or lands, which have been dedicated, reserved or set apart for any public or other purpose, whether by the Commonwealth or by any private person, may be acquired by the Commission for the purposes of this Act.\n\n(2.) The provisions of the Lands Acquisition Act 1906–1916 shall apply, with such modifications and adaptations as are prescribed, in relation to lands acquired or to be acquired for the purposes of this Act.\n\n(3.) Nothing in this section shall be deemed to empower the Commission, without the authority of the Parliament, to acquire any lands dedicated, reserved or set apart for public parks or recreation grounds.\n\nAppearance of Commission,\n\n33.—(1.) The Commission may appear before any Court, or in any legal proceedings, by any officer authorized generally or in respect of any special proceeding by writing under the hand of the Chairman, and any officer so authorized may institute and carry on any proceeding on behalf of the Commission.\n\n(2.) The officer so authorized shall be reimbursed out. of the North Australia Commission Fund all damages, costs, charges and expenses to which he is put, or with which he is chargeable.\n\n(3.) The Chairman or officer may, in all proceedings under or for the purpose of procuring any adjudication of insolvency against any person against whom the Commission has any claim or demand, represent the Commission, and act in its behalf in all respects as if the claim or demand had been the claim or demand of the Chairman or officer.\n\nNotice of action.\n\n34.—(1.) An action shall not be brought against the Commission, or any member thereof, or any officer of the Commission, or person acting in his aid, until the expiration of one month after notice in writing has been served on the Commission, member, officer or person, clearly stating the cause of action, and the name and place or abode of the intended plaintiff, and of his solicitor or agent.\n\n(2.) On the trial of any such action the plaintiff shall not be permitted to go into evidence of any cause of action which is not stated in the notice so served.\n\n(3.) Unless the notice is proved, judgment shall be given for the defendant.\n\n(4.) Any person to whom any such notice of action is given may tender amends to the plaintiff, his solicitor, or agent, at any time within one month after service of the notice, and, in case of non-acceptance of the amends, may plead the tender.\n\n  \nPart III.—Co-operation with States.\n\nAgreement with States contiguous to Territory.\n\n35.—(1.) The Governor-General may make an agreement with the Governor in Council of any State which adjoins the Northern Territory for the application to any part of the State contiguous to the Territory (in this section referred to as “the prescribed part of the State”) of any or all of the measures of development which have been or may be applied by the Commission to the prescribed part of the Territory.\n\n(2.) An agreement made in pursuance of this section may provide for the appointment as a member of the Commission of one representative nominated by the Governor in Council of each State with Which the agreement has been made, and for any other matters necessary or convenient to be provided for the purpose of ensuring the successful application to the prescribed part of the State of the measures of development contemplated by this Act.\n\n(3.) An agreement made in pursuance of this section shall not have any force or effect until it has been approved by each House of the Parliament by resolution.\n\n(4.) Any such agreement shall come into force upon such date as is specified by Proclamation, and shall thereupon have full force and effect as if enacted in this Act\n\nPart IV.—Division of Territory into North Australia and Central Australia.\n\nDivision 1.—Procedure for effecting Division.\n\nDivision into North and Central Australia.\n\n36.—(1.) On and after a date to be fixed by Proclamation (in this Act referred to as “the proclaimed day”) that part of the Northern Territory. which comprises North Australia as defined in this Act shall be administered separately from that part of the Northern Territory which comprises Central Australia as defined in this Act.\n\n(2.) Until other provision is made by law, North Australia and Central Australia shall severally be administered as Territories under the authority of the Commonwealth.\n\nApportionment of debts of Territory.\n\n37.—(1.) As soon as practicable after the proclaimed day the Minister may, by notice published in the Gazette, apportion between North Australia and Central Australia the indebtedness of the Commonwealth in relation to the Northern Territory.\n\n(2.) The apportionment shall be made as far as possible upon the basis of the amount fairly attributable to each portion of the Territory having regard to the expenditure incurred therein.\n\n(3.) Upon the making of the apportionment the Commonwealth shall be liable in respect of North Australia for that portion of the indebtedness which is apportioned to North Australia, and shall be liable in respect of Central Australia for that portion of the indebtedness which is apportioned to Central Australia.\n\n  \nContinuance of laws.\n\n38.—(1.) Subject to this Act, all laws in force in the Territory on the proclaimed day shall, so far as applicable, continue in force in North Australia and in Central Australia, but any such laws, other than Acts of the Parliament of the Commonwealth, shall have effect in North Australia as if they were laws of North Australia, and in Central Australia as if they were laws of Central Australia, and may be altered or repealed by Ordinances made in pursuance of this Part.\n\n(2.) Where any law which is continued in force in North Australia or Central Australia by virtue of this section is a law of the Commonwealth, and any power or function is by that law vested in any officer in relation to any State, or in relation to the Northern Territory, that power or function shall, in relation to North Australia and to Central Australia, be vested in and exercised by such officer as the Governor-General directs.\n\n(3.) Where any law which is continued in force in North Australia or Central Australia by virtue of this section is a law of the State of South Australia, any power or function, which by that law is vested in the Governor of the State of South Australia, or in the Governor of that State with the advice of his Executive Council, or in any authority of that State, shall, in relation to North Australia and to Central Australia, be vested in and exercised or performed by the Governor-General, or the Governor-General in Council, or the authority exercising similar powers and functions in North Australia or Central Australia, as the case may be, or as the Governor-General directs.\n\nTransfer of officers from Northern Territory Service to North Australia or Central Australia Service.\n\n39.—(1.) Every officer of the Public Service of the Northern Territory; holding office on the proclaimed day, shall, by force of this Act—\n\n(a) if resident in North Australia, be transferred to the Public Service of North Australia; and\n\n(b) if resident in Central Australia, be transferred to the Public Service of Central Australia.\n\n(2.) Every such officer shall preserve all his existing and accruing rights as if his service with North Australia or Central Australia, as the case may be, were a continuation of his service with the Northern Territory.\n\n(3.) The provisions of section eighty-four of the Constitution shall be deemed to continue to apply to any officer to whom by virtue of sub-section (2.) of section twelve of the Northern Territory Acceptance Act 1910–1919 it was deemed to apply.\n\nContinuance of Courts.\n\n40. Until other provision is made by or under any law of the Commonwealth—\n\n(a) the Supreme Court of the Northern Territory as existing on the proclaimed day shall continue as the Supreme Court of North Australia and as the Supreme Court of Central Australia;\n\n  \n\n(b) all Courts of Justice (other than the Supreme Court of the Northern Territory) in existence in the Northern Territory on the proclaimed day shall—\n\n(i) if situated within North Australia, continue in North Australia; and\n\n(ii) if situated within Central Australia, continue in Central Australia,\n\nas Courts of North Australia, or of Central Australia, as the case may be; and\n\n(c) the jurisdiction, practice and procedure of any Court which continues in pursuance of this section in North Australia or Central Australia, or both, shall continue as the jurisdiction, practice and procedure of that Court.\n\nContinuance of Magistrates, &c.\n\n41. All Magistrates and Justices of the Peace holding office in the Northern Territory on the proclaimed day, and entitled to exercise jurisdiction therein, and all public officers and public functionaries in and for the Northern Territory on the proclaimed day, shall continue to hold office in relation to North Australia, or Central Australia, according as to whether they are resident in North Australia or Central Australia on the proclaimed day, and shall continue to hold such office in North Australia or Central Australia, as the case, may be, on the same terms and conditions as they held office under the Commonwealth.\n\nDivision 2.—North Australia.\n\nAppointment and tenure of Government Resident.\n\n42.—(1.) The Governor-General may appoint a Government Resident for North Australia.\n\n(2.) The Government Resident shall hold office, subject to good behaviour, for such period as is specified in the instrument by which he is appointed.\n\n(3.) The Government Resident shall exercise and perform all powers and functions that belong to his office, according to such instructions as are given to him by the Minister.\n\n(4.) On and after the proclaimed day any- reference to the Administrator, contained in any other law of, or relating to, the Northern Territory, shall, in so far as North Australia is concerned, be read as a reference to the Government Resident of North Australia.\n\nCreation of Advisory Council for North Australia.\n\n43.—(1.) There shall be an Advisory Council for North Australia to advise the Government Resident in relation to any matter affecting North Australia, including advice as to the making of new Ordinances or the repeal or amendment of existing Ordinances (other than Ordinances relating to the administration of Crown lands), but not including any matter relating to the powers of the Commission or any matter under the control of the Commission.\n\n(2.) The Advisory Council shall consist of the Government Resident, and of four members, two of whom shall be appointed by the Minister, and shall hold office, during good behaviour, for a period of three\n\n  \nyears, and be eligible for re-appointment, and two of whom shall, subject to this Act, be elected for a period of three years, and be eligible for re-election.\n\n(3.) For the purposes of the election of members of the Advisory Council, North Australia shall be regarded as one district returning two members.\n\n(4.) The qualifications and disqualifications of members of the Advisory Council and of electors shall be the same as the qualifications and disqualifications prescribed for electors of members of the House of Representatives.\n\n(5.) The elections of members of the Advisory Council shall be by ballot, and shall be conducted in the prescribed manner.\n\n(6.) In the event of a vacancy occurring in the membership of the Advisory Council, the vacancy shall be filled in the prescribed manner.\n\nChairman of Advisory Council.\n\n44.—(1.) The Government Resident shall be ex-officio Chairman of the Advisory Council.\n\n(2.) In the absence of the Government Resident from any meeting the members present shall elect one of their number to act as Chairman of the meeting.\n\nMeetings of Council.\n\n45.—(1.) Meetings of the Advisory Council shall be held at least twice in each year at such times and places as the Government Resident appoints.\n\n(2.) The presence of at least three members shall be necessary to constitute a quorum.\n\n(3.) The Government Resident shall notify members of the time and place of each meeting, and shall include in the notice a list of the subjects on which he desires the advice of the Council, together with a short explanatory statement on each subject.\n\n(4.) Any member of the Council may, by giving at least seven days’ notice in writing to the Government Resident, have placed upon the agenda of the Council any subject which he desires to submit to the Council.\n\nResolutions and minutes.\n\n46.—(1.) All advice of the Council shall be expressed in the form of resolutions.\n\n(2.) Minutes of the proceedings of all meetings of the Council shall be kept, and copies of the minutes shall be transmitted to the Minister.\n\n(3.) Any member of the Council may request that the grounds of advice or opinion which he gives upon any question shall be recorded at length in the minutes, and thereupon the grounds shall be so recorded.\n\nSeat of Government of North Australia.\n\n47. The seat of Government of North Australia shall be established as soon as practicable at Newcastle Waters, and until the seat of Government is so established it shall be at Darwin.\n\n  \nDivision 3.—Central Australia.\n\nAppointment and tenure of Government Resident.\n\n48.—(1.) The Governor-General may appoint a Government Resident for Central Australia.\n\n(2.) The Government Resident shall hold office, subject to good behaviour, for such period as is specified in the instrument by which he is appointed.\n\n(3.) The Government Resident shall exercise and perform all powers and functions that belong to his office, according to such instructions as are given to him by the Minister.\n\n(4.) On and after the proclaimed day, any reference to the Administrator, contained in any other law of, or relating to, the Northern Territory, shall, in so far as Central Australia is concerned, be read as a reference to the Government Resident of Central Australia.\n\nCreation of Advisory Council for Central Australia.\n\n49.—(1.) There shall be an Advisory Council for Central Australia to advise the Government Resident in relation to any matter affecting Central Australia, including advice as to the making of new Ordinances or the repeal or amendment of existing Ordinances other than Ordinances relating to the administration of Crown lands.\n\n(2.) The Advisory Council shall consist of the Government Resident, and of four members two of whom shall be appointed by the Minister, and shall hold office, during good behaviour, for a period of three years, and be eligible for re-appointment, and two of whom shall, subject to this Act, be elected for a period of three years, and be eligible for re-election.\n\n(3.) For the purposes of the election of the members of the Advisory Council, Central Australia shall be regarded as one district returning two members.\n\n(4.) The qualifications and disqualifications of members of the Advisory Council and of electors shall be the same as the qualifications and disqualifications prescribed for electors of members of the House of Representatives.\n\n(5.) The elections of members of the Advisory Council shall be by ballot, and shall be conducted in the prescribed manner.\n\n(6.) In the event of a vacancy occurring in the membership of the Advisory Council, the vacancy shall be filled in the prescribed manner.\n\nApplication of sections of this Act to Advisory Council of Central Australia.\n\n50. The provisions of sections forty-four to forty-six inclusive of this Act shall apply in relation to the Advisory Council for Central Australia in like manner as they apply in relation to the Advisory Council for North Australia.\n\nSeat of Government of Central Australia.\n\n51. The seat of Government of Central Australia shall be at Alice Springs.\n\nDivision 4.—North Australia and Central Australia.\n\nApplication of Commonwealth Conciliation and Arbitration Act 1904–1921.\n\n52. The Commonwealth Conciliation and Arbitration Act 1904–1921 shall apply to industrial disputes—\n\n(a) in North Australia; and\n\n(b) in Central Australia,\n\n  \nas if from the definition of “industrial disputes” in section four of that Act the words “extending beyond the limits of any one State” were omitted.\n\nApplication of Australian Industries Preservation Act 1906–1910.\n\n53. The Australian Industries Preservation Act 1906–1910 shall apply—\n\n(a) in North Australia; and\n\n(b) in Central Australia,\n\nas if the words “with other countries or among the States” wherever they occur, in relation to trade or commerce, were omitted.\n\nApplication of Secret Commissions Act 1905.\n\n54. The Secret Commissions Act 1905 shall apply—\n\n(a) in North Australia; and\n\n(b) in Central Australia,\n\nto trade and commerce with North Australia or Central Australia, as the case may be, as if the words “with other countries and among the States” were omitted from section two of that Act.\n\nApplication of Lands Acquisition Act 1906–1916.\n\n55. The provisions of the Lands Acquisition Act 1906–1916 shall apply to the acquisition by the Commonwealth, for any public purpose, of any land owned in—\n\n(a) North Australia; or\n\n(b) Central Australia,\n\nby any person:\n\nProvided that, in determining the compensation to which the owner is entitled under that Act, the value of the land shall be taken not to exceed the unimproved value of the land, or the interest therein of the owner on the date of the passing of this Act, together with the value of his interest in the improvements on the land at the date of the acquisition of the land.\n\nPostal and telegraphic rates and charges.\n\n56. The rates and charges for postal articles and telegrams in North Australia or Central Australia, and to and from North Australia or Central Australia, shall be the same as if North Australia and Central Australia together formed one State.\n\nTrade and commerce with States to be free.\n\n57. Trade, commerce and intercourse between North Australia, Central Australia and the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.\n\nRevenue and expenditure of North Australia and Central Australia.\n\n58.—(1.) The revenues of North Australia and of Central Australia (other than the revenue of the Commission) shall be paid into and form part of the Consolidated Revenue Fund.\n\n(2.) There shall be paid out of the Consolidated Revenue Fund, for expenditure in or on account of North Australia and Central Australia, such sums as are from time to time appropriated by the Parliament for the purpose.\n\nOrdinances.\n\n59.—(1.) Until the Parliament makes other provision for the Government of North Australia, the Governor-General may make Ordinances having the force of law in and in relation to North\n\n  \nAustralia, and until the Parliament makes other provision for the Government of Central Australia, the Governor-General may make Ordinances having the force of law in and in relation to Central Australia.\n\n(2.) Every such Ordinance shall—\n\n(a) be notified in the Gazette;\n\n(b) take effect from the date of notification or from a later date to be specified in the Ordinance; and\n\n(c) be laid before both Houses of the Parliament within thirty days of the making thereof, or if the Parliament is not then sitting, within thirty days after the next meeting of the Parliament.\n\n(3.) If either House of the Parliament passes a resolution, of which notice has been given at any time within fifteen sitting days after any such Ordinance has been laid before the House, disallowing the Ordinance, the Ordinance shall thereupon cease to have effect.\n\nPart V.—Miscellaneous.\n\nRegulations.\n\n60. The Governor-General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act, and in particular for the following—\n\n(a) for empowering the Commission to make by-laws for any purpose specified by the Governor-General;\n\n(b) for more accurately defining the powers conferred on the Commission by this Act; and\n\n(c) for specifying other matters in relation to the development of the Territory with respect to which the powers of the Commission shall extend.\n\nTHE SCHEDULE.\n\n| Reference to Act.  | Short title.                                 | Extent of repeal.                  |\n| ------------------ | -------------------------------------------- | ---------------------------------- |\n| No. 20 of 1910.... | Northern Territory Acceptance Act 1910       | Sections 8, 9, 11, 12, 13          |\n| No. 27 of 1910.... | Northern Territory (Administration) Act 1910 | Sections 4, 6, 7, 8, 9, 10, 12, 13 |","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":2297},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act remains focused on its original purpose of preparing the Northern Territory for self-government through administrative division and infrastructure development. The provisions for the North Australia Commission, Advisory Councils, and territorial bifurcation align with the preamble's stated intent."},"complexity_factors":["Bifurcation of the Territory into two administrative entities with mirrored governance structures (North Australia and Central Australia) requiring dual sets of provisions","10 defined terms with context-specific meanings (section 5) plus additional Part-specific definitions","Complex financial machinery including borrowing powers, sinking fund contributions, Commonwealth guarantees, and apportionment of existing debts (sections 29-31, 37)","Extensive cross-referencing to other Commonwealth legislation (Public Service Act, Railways Act, Lands Acquisition Act, Conciliation and Arbitration Act, etc.)","Transitional provisions for transferring officers, courts, magistrates, and existing laws to the new territorial structure (sections 38-41)","Parliamentary disallowance mechanisms for bylaws and ordinances with specific timing requirements (15 sitting days for disallowance, 30 days for laying)"],"plain_english_summary":"**What this Act does**\n\nThis 1926 law splits the Northern Territory into two separate territories—**North Australia** (everything north of the 20th parallel of South Latitude) and **Central Australia** (everything south of it)—as a step toward self-government.\n\n**The Development Commission**\n\nIt creates the **North Australia Commission**—a body corporate (a legal entity that can own property and sue or be sued) of three members appointed by the Governor-General. The Commission develops infrastructure in the north including:\n- Railways, roads and harbours\n- Telegraph and telephone lines  \n- Water boring and conservation\n\nThe Commission prepares development schemes for ministerial approval, employs its own staff outside the normal public service rules, and can make bylaws with penalties up to £50 or 3 months imprisonment.\n\n**New Governance Structures**\n\nEach new territory gets:\n- A **Government Resident** appointed by the Governor-General (acting as the top local official)\n- An **Advisory Council** of four members: two appointed by the Minister and **two elected by local residents** (using the same voting rules as federal House of Representatives elections)\n\nThese councils advise on making local laws (called Ordinances) but cannot deal with Crown lands or matters under the Commission's control.\n\n**Money and Limitations**\n- The Commission runs a **North Australia Commission Fund** fed by user charges, parliamentary appropriations, and fines\n- It can borrow money only with parliamentary approval and Treasury guarantees, and must pay annual sinking fund contributions (10 shillings per £100 borrowed)\n- Major works costing over £25,000 require separate Acts of Parliament\n- The Commonwealth can make agreements with neighbouring States to extend development projects across borders\n\n**Continuity**\nExisting laws, court systems, and public servants automatically transfer to the new structure, with debts between the two new territories apportioned based on where money was actually spent."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act expands and restructures the Commonwealth’s administrative and development role in the Northern Territory by (a) creating a statutory North Australia Commission with defined development powers over the northern part of the Territory (section 6, 16); (b) vesting existing railways and related assets in that Commission (section 24); (c) providing a detailed borrowing, revenue and fund structure backed by the Commonwealth (sections 29–31); (d) dividing the Territory into two separate administrative Territories — North Australia and Central Australia — with Government Residents and Advisory Councils (section 36, 42–51); and (e) repealing specified sections of prior Northern Territory Acts (section 4 and the Schedule). These changes replace prior provisional administration arrangements with new institutions, financial mechanisms and legislative procedures (sections 4, 6, 16, 24, 31, 36, 59)."},"complexity_factors":["Creation of a new corporate Commission with multiple delegated powers and internal governance rules (sections 6–9, 16).","Layered approval paths: Commission proposals -> Minister approval -> Treasurer concurrence -> Parliamentary authorization for major projects (sections 17–18, 25, 21–22).","Detailed financial and borrowing mechanics including Commonwealth guarantee, Treasurer oversight, interest, exchange and sinking fund payments (section 31).","Transfer and vesting of railways, rolling stock and land to the Commission, and interaction with Commonwealth Railways powers (sections 24, 20, 21).","Division of Territory into two separately administered Territories with Government Residents and mixed appointed/elected Advisory Councils (sections 36, 42–51) and continuity provisions for courts and officers (sections 38–41, 39).","Use of by‑laws, Ordinances and regulations with parliamentary disallowance mechanisms (sections 19, 59–60).","Intergovernmental cooperation provisions allowing State nominees on the Commission subject to parliamentary approval (section 35).","Modified application of existing Acts (Lands Acquisition, Conciliation and Arbitration, anti‑trust/secret commissions) to the new Territoral arrangements (sections 52–55)."],"plain_english_summary":"What this law does, in plain English:\n\n- Creates a North Australia Commission to run development and certain day-to-day administrative functions in the northern part of the Northern Territory (north of the 20th parallel). The Commission is a corporate body that can hold property, sue and be sued (sections 6–7, 16).  \n\n- Gives the Commission specific responsibilities for infrastructure and development in the prescribed part: railways (subject to arrangements with the Commonwealth Railways Commissioner), roads, telegraph and telephone lines, water boring and conservation, ports and harbours, and other items specified by regulation (section 16).  \n\n- Requires the Commission to prepare development schemes for the Minister’s approval and to implement approved schemes; the Minister may require additional or more detailed schemes (sections 17–18). The Minister exercises an approving and supervisory role over Commission plans.\n\n- Allows the Commission to make by-laws (subject to Governor-General approval, Gazette notification and parliamentary disallowance) including penalties up to £50 or three months’ imprisonment (section 19). By-laws are treated as Statutory Rules (section 19(4)).\n\n- Sets out formal procedures for major public works and railways: preliminary surveys and reports to the Minister and Parliament (sections 20–22). A Bill to authorize railway construction or major works must be introduced into the House of Representatives by or on behalf of the Minister (sections 21–22). Detailed information must be provided to Parliament before such Bills are introduced (section 21(4)–(5); section 22(5)).\n\n- Transfers existing railways, rolling stock and associated railway land in North Australia to the Commission on a proclaimed date (section 24).\n\n- Establishes financial controls: the Commission holds a \"North Australia Commission Fund\" for revenues (charges, fines, appropriations, borrowings and other receipts) and must submit annual estimates to the Minister and Treasurer; no spending is allowed outside approved estimates without Minister and Treasurer endorsement (sections 25, 29). Accounts are auditable by the Auditor‑General (section 30).\n\n- Permits the Commission to borrow with parliamentary and Treasurer approval, or to have the Treasurer borrow on its behalf; the Commonwealth guarantees repayment of principal and interest on Commission borrowings and the Commission must pay interest, exchange and a sinking fund contribution back to the Commonwealth (section 31).\n\n- Allows the Commission, with the Minister’s consent, to acquire private or Crown lands for purposes of the Act (subject to the Lands Acquisition Act, section 32), and applies a capped basis for compensation where land of North or Central Australia is acquired (section 55).\n\n- Provides for cooperation agreements with contiguous States, including the potential to add State nominees to the Commission (section 35). Any such agreement needs parliamentary approval and comes into force by Proclamation (section 35(3)–(4)).\n\n- Splits the Northern Territory on a proclaimed day into North Australia and Central Australia, each to be separately administered as Commonwealth Territories until other arrangements are made; creates Government Residents and Advisory Councils for each (sections 36, 42–51). Advisory Councils each have four members plus the Government Resident; two members are ministerial appointees and two are elected by local voters under House of Representatives voting qualifications (sections 43–49).\n\n- Continues existing laws and courts in each new Territory subject to modifications, and preserves the employment rights of public servants who transfer to the new administrations (sections 38–41, 39).\n\n- Extends application of certain Commonwealth statutes in simplified form to North Australia and Central Australia (industrial disputes, anti‑competitive measures, secret commissions) and fixes postal/telegraphic rates and trade freedoms between these Territories and the States (sections 52–57).\n\n- Allows the Governor‑General to make Ordinances for North and Central Australia until Parliament makes other provision; those Ordinances are subject to parliamentary disallowance (section 59). The Governor‑General may make regulations to support the Act (section 60).\n\nWho this affects and how (mechanically):\n\n- The Commonwealth executive: appoints Commissioners, the Chairman, Government Residents and can approve by‑laws, regulations and Ordinances (sections 6–9, 42, 48, 59–60). The Minister supervises schemes and can suspend Commissioners (sections 17, 10).\n\n- The Treasurer and Parliament: must concur in Commission estimates, approve borrowing (parliamentary resolution and Treasurer approval) and receive Commission accounts; the Commonwealth guarantees Commission borrowings (sections 25, 31, 30).\n\n- Commission members and staff: appointed under the Act, not subject to the Commonwealth Public Service Act for their Commission duties; existing public servants who transfer retain existing and accruing rights (sections 13–15, 14, 39).\n\n- Railways and infrastructure contractors: railways and certain assets are vested in the Commission (section 24); authorisation of new railway construction and major public works requires Ministerial initiation of Bills to Parliament and detailed disclosures (sections 21–22).\n\n- Landowners: land can be compulsorily acquired for the Act’s purposes under the Lands Acquisition Act (with prescribed modifications) and compensation in North/Central Australia is capped to unimproved value plus improvements (sections 32, 55).\n\n- Local residents and voters: get Advisory Councils with two elected members (sections 43, 49); local industrial disputes fall under the Commonwealth Conciliation and Arbitration Act as adapted (section 52).\n\nWhy this matters (claimed purpose and a quick test against costs, incentives and practical effects):\n\n- Claimed purpose in the preamble: to prepare for and encourage development and a measure of self‑government in the Northern Territory. The Act implements that claim mechanically by creating institutional structures (a statutory Commission, local Government Residents and Advisory Councils), transferring assets and staff, and giving the Commission powers to plan, build and operate infrastructure (preamble; sections 6, 16, 24, 36, 42–51).\n\n- Who pays and financial incentives: the Commission may raise revenue from charges and fines, receive parliamentary appropriations, and borrow for its purposes (section 29). Borrowing requires parliamentary resolution and Treasurer approval; the Commonwealth guarantees Commission debt (section 31(1), (10)). The Commission must meet interest, exchange and sinking fund payments back to the Commonwealth (section 31(4)–(7)), so while the Commission can access capital, the ultimate financial risk and cost mechanics involve the Commonwealth and the Commission’s revenues. This concentrates financial decision authority in the Commonwealth and Treasury (sections 25, 31) while imposing repayment obligations on the Commission.\n\n- Costs, trade‑offs and opportunity costs: major projects (railways, ports, telecommunication lines) cannot proceed without Ministerial initiation of legislation and parliamentary approval (sections 21–22). That creates a centralised checkpoint which preserves parliamentary control but also adds procedural steps and timing risks for developers. Public funds and borrowing capacity devoted to northern projects are therefore subject to competing parliamentary priorities (sections 25, 31, 29).\n\n- Implementation risk and discretion: the Minister has significant supervisory power over scheme approval and may require fresh schemes (sections 17–18). The Governor‑General can restrict or exclude Commission powers geographically by Proclamation (section 16(2)–(3)). The Minister can suspend Commissioners for certain causes (section 10). Those provisions create multiple executive checkpoints and discretion points that affect how quickly and in what form projects proceed.\n\n- Compliance burden and enforcement: the Commission can make by‑laws with penalties (section 19); persons bringing actions against the Commission must first serve a notice (section 34), and the Auditor‑General inspects accounts (section 30). Land acquisition proceeds under the Lands Acquisition Act with prescribed modifications (section 32), and compensation is explicitly limited for North/Central Australia acquisitions (section 55). These rules produce predictable administrative steps for contractors, landowners and litigants, but also impose formal procedural burdens.\n\n- Effects on private enterprise, ownership and contract freedom: the Act vests transport infrastructure (railways, rolling stock, yards, wharves) in a public Commission (section 24) and gives the Commission broad powers over infrastructure (section 16). That centralises ownership and control of key transport assets and places the Commission centrally in decisions that affect private operators and industries dependent on those assets. The requirement for parliamentary Bills to authorise major works and railways (sections 21–22) means private parties will need to work through public processes and government sponsorship to enable large infrastructure projects.\n\n- Concentrated benefits and diffuse costs: the Commission’s powers focus on development in particular areas (the prescribed part of the Territory, section 16), so infrastructure investments may produce concentrated local gains while costs—borrowing guarantees, appropriations, and obligations for interest/sinking funds—are borne through Commonwealth and Commission financing arrangements (sections 29–31). Where cooperative agreements with adjacent States are used (section 35), benefits and responsibilities can cross borders but require parliamentary endorsement.\n\nIn short: the Act sets up a Commonwealth‑controlled administrative and development apparatus for the northern part of the Northern Territory, with formal checks through Ministerial approval, Treasurer concurrence, parliamentary oversight for big projects and a mix of delegated rule‑making for routine administration. Key practical effects include transfer of railway assets to the Commission, constrained compensation rules for land acquisition, and a borrowing framework backed by the Commonwealth that places repayment responsibilities on the Commission (sections 24, 55, 31)."}},"importantCases":[],"_links":{"self":"/api/acts/northern-australia-act-1926","history":"/api/acts/northern-australia-act-1926/history","analysis":"/api/acts/northern-australia-act-1926/analysis","conflicts":"/api/acts/northern-australia-act-1926/conflicts","importantCases":"/api/acts/northern-australia-act-1926/important-cases","documents":"/api/acts/northern-australia-act-1926/documents"}}