{"id":"C2004A01857","name":"Northern Territory (Self-Government) Act 1978","slug":"northern-territory-self-government-act-1978","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"58 of 1978","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6798,"registerId":"commonwealth-C2004A01857-current","compilationNumber":null,"startDate":"2026-03-30","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 Northern Territory (Self‑Government) Act 1978.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Sections 1, 2 and 70 shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act shall come into operation on 1 July 1978.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Repeals","content":"#### 3 Repeals\n\n  The Acts specified in Schedule 1 are repealed.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Acting Administrator means a person appointed under section 40 to act in the office of Administrator.\n\n> Administrator means the Administrator of the Territory, and includes an Acting Administrator.\n\n> Council means the Executive Council of the Northern Territory of Australia.\n\n> enactment means:\n\n    (a) a law (however described or entitled) passed by the Legislative Assembly and assented to under section 7 or 8; or\n    (b) an Ordinance made under the Northern Territory (Administration) Act 1910 and continued in force by this Act;\n  and includes part of any such law or Ordinance.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Legislative Assembly means the Legislative Assembly of the Northern Territory of Australia.\n\n> Ministerial office means an office referred to in section 34.\n\n> Minister of the Territory means a person holding office under section 36.\n\n> Speaker means the Speaker of the Legislative Assembly.\n\n> Territory means the Northern Territory of Australia.\n\n  (2) A reference in this Act to the powers or functions of the Speaker shall be read as including a reference to the powers or functions of the Speaker under any law in force in the Territory.","sortOrder":4},{"sectionNumber":"Part II","sectionType":"part","heading":"Northern Territory of Australia","content":"## Part II—Northern Territory of Australia","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Establishment of body politic","content":"#### 5 Establishment of body politic\n\n  The Northern Territory of Australia is hereby established as a body politic under the Crown by the name of the Northern Territory of Australia.","sortOrder":6},{"sectionNumber":"Part III","sectionType":"part","heading":"Legislative Assembly","content":"## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Northern Territory (Self‑Government) Act 1978.\n\n#### 2 Commencement\n\n  (1) Sections 1, 2 and 70 shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act shall come into operation on 1 July 1978.\n\n#### 3 Repeals\n\n  The Acts specified in Schedule 1 are repealed.\n\n#### 4 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Acting Administrator means a person appointed under section 40 to act in the office of Administrator.\n\n> Administrator means the Administrator of the Territory, and includes an Acting Administrator.\n\n> Council means the Executive Council of the Northern Territory of Australia.\n\n> enactment means:\n\n    (a) a law (however described or entitled) passed by the Legislative Assembly and assented to under section 7 or 8; or\n    (b) an Ordinance made under the Northern Territory (Administration) Act 1910 and continued in force by this Act;\n  and includes part of any such law or Ordinance.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Legislative Assembly means the Legislative Assembly of the Northern Territory of Australia.\n\n> Ministerial office means an office referred to in section 34.\n\n> Minister of the Territory means a person holding office under section 36.\n\n> Speaker means the Speaker of the Legislative Assembly.\n\n> Territory means the Northern Territory of Australia.\n\n  (2) A reference in this Act to the powers or functions of the Speaker shall be read as including a reference to the powers or functions of the Speaker under any law in force in the Territory.\n\n## Part II—Northern Territory of Australia\n\n#### 5 Establishment of body politic\n\n  The Northern Territory of Australia is hereby established as a body politic under the Crown by the name of the Northern Territory of Australia.\n\n## Part III—Legislative Assembly\n\n### Division 1—Powers of Legislative Assembly\n\n#### 6 Legislative power\n\n  Subject to this Act, the Legislative Assembly has power, with the assent of the Administrator or the Governor‑General, as provided by this Act, to make laws for the peace, order and good government of the Territory.\n\n#### 7 Assent to proposed laws\n\n  (1) Every proposed law passed by the Legislative Assembly shall be presented to the Administrator for assent.\n  (2) Upon the presentation of a proposed law to the Administrator for assent, the Administrator shall, subject to this section, declare:\n    (a) in the case of a proposed law making provision only for or in relation to a matter specified under section 35:\n    (i) that he or she assents to the proposed law; or\n    (ii) that he or she withholds assent to the proposed law; or\n    (b) in any other case:\n    (i) that he or she assents to the proposed law;\n    (ii) that he or she withholds assent to the proposed law; or\n    (iii) that he or she reserves the proposed law for the Governor‑General’s pleasure.\n  (3) The Administrator may return the proposed law to the Legislative Assembly with amendments that he or she recommends.\n  (4) The Legislative Assembly shall consider the amendments recommended by the Administrator and the proposed law, with those or any other amendments or without amendments, may be again presented to the Administrator for assent, and subsection (2) applies accordingly.\n\n#### 8 Signification of pleasure on proposed law reserved\n\n  (1) Where the Administrator reserves a proposed law for the Governor‑General’s pleasure, the Governor‑General shall, subject to this section, declare:\n    (a) that he or she assents to the proposed law;\n    (b) that he or she withholds assent to the proposed law; or\n    (c) that he or she withholds assent to part of the proposed law and assents to the remainder of the proposed law.\n  (2) The Governor‑General may return the proposed law to the Administrator with amendments that he or she recommends.\n  (3) The Legislative Assembly shall consider the amendments recommended by the Governor‑General and the proposed law, with those or any other amendments or without amendments, may be again presented to the Administrator for assent, and subsection 7(2) applies accordingly.\n  (4) Where the Governor‑General makes a declaration in respect of a proposed law in accordance with subsection (1), the Administrator shall, as soon as practicable after the declaration is made, cause to be published in the Government Gazette of the Territory a notice of the declaration.\n  (5) The assent of the Governor‑General to a proposed law or part of a proposed law is of no effect until notification of the Governor‑General’s declaration in respect of the proposed law is published in the Government Gazette of the Territory.\n\n#### 10 Reason for withholding assent etc. to be tabled in Legislative Assembly\n\n  Where the Administrator withholds assent to a proposed law, or the Governor‑General withholds assent to a proposed law or part of a proposed law, a message of the Administrator stating the reasons for the withholding of assent shall be laid before the Legislative Assembly within 6 sitting days of the Legislative Assembly after the date on which the assent was withheld.\n\n#### 11 Proposal of money votes\n\n  An enactment, vote, resolution or question, the effect of which is to dispose of or charge any revenues, loans or other moneys received by the Territory, shall not be proposed in the Legislative Assembly unless the purpose for which such revenues, loans or other moneys are to be disposed of or charged by reason of the enactment, vote, resolution or question, as the case may be, has in the same session been recommended by message of the Administrator to the Legislative Assembly.\n\n#### 12 Powers, privileges and immunities of Legislative Assembly\n\n  The power of the Legislative Assembly conferred by section 6 in relation to the making of laws extends to the making of laws:\n    (a) declaring the powers (other than legislative powers), privileges and immunities of the Legislative Assembly and of its members and committees, but so that the powers, privileges and immunities so declared do not exceed the powers, privileges and immunities for the time being of the House of Representatives, or of the members or committees of that House, respectively; and\n    (b) providing for the manner in which powers, privileges and immunities so declared may be exercised or upheld.\n\n### Division 2—Constitution and membership of Legislative Assembly\n\n#### 13 Legislative Assembly\n\n  (1) There shall be a Legislative Assembly of the Northern Territory of Australia.\n  (2) The Legislative Assembly shall consist of such number of members as is provided by enactment.\n  (3) Subject to this Act, the members of the Legislative Assembly shall be elected as provided by enactment.\n  (4) For the purposes of the election of members of the Legislative Assembly, the Territory shall be distributed into as many electoral divisions as there are members to be elected, and a quota shall be calculated by dividing the whole number of electors in the Territory, as nearly as can be ascertained, by the number of members to be elected.\n  (5) For the purposes of subsection (4), each electoral division shall contain a number of electors not exceeding, or falling short of, the quota calculated under that subsection by more than one‑fifth of the quota.\n  (6) A member of the Legislative Assembly shall, before taking his or her seat, make and subscribe an oath or affirmation of allegiance in the form in Schedule 2 and also an oath or affirmation of office in the form in Schedule 3.\n  (7) An oath or affirmation under subsection (6) shall be made before the Administrator or a person authorized by the Administrator to administer such oaths or affirmations.\n\n#### 14 Qualifications of electors\n\n  (1) Subject to subsection (2), all persons who are, under the Commonwealth Electoral Act 1918, qualified to vote at an election of a member of the House of Representatives for the Northern Territory, shall be qualified to vote at an election of members of the Legislative Assembly.\n  (2) Subsection (1) does not apply to persons who are qualified to vote at an election of a member of the House of Representatives for the Northern Territory by reason only of the amendments of the Commonwealth Electoral Act 1918 made by the provisions of Part II of the Cocos (Keeling) Islands Self‑Determination (Consequential Amendments) Act 1984 or by the provisions of Part III of the Christmas Island Administration (Miscellaneous Amendments) Act 1984.\n\n#### 15 Writs for elections\n\n  Writs for the election of members of the Legislative Assembly shall be issued by the Administrator.\n\n#### 16 Term of office of member\n\n  Subject to this Act, the term of office of a member of the Legislative Assembly commences on the date of his or her election and ends immediately before the date of the next general election of members of the Legislative Assembly.\n\n#### 17 Dates of elections\n\n  (1) A general election of members of the Legislative Assembly shall be held on a date determined by the Administrator.\n  (2) The period from the first meeting of the Legislative Assembly after a general election of members of the Assembly to the date of the next succeeding general election shall not be more than 4 years.\n\n#### 18 Resignation of members of Legislative Assembly\n\n  A member of the Legislative Assembly may resign his or her office by writing signed by him or her and delivered to the Speaker or, if there is no Speaker or the Speaker is absent from the Territory, to the Administrator, and on the receipt of the resignation by the Speaker or the Administrator, as the case may be, his or her office shall become vacant.\n\n#### 19 Filling of casual vacancy\n\n  Where a casual vacancy occurs in the office of a member of the Legislative Assembly less than 3 years and 6 months after the first meeting of the Assembly following the last preceding general election, an election shall be held in the electoral division in respect of which the vacancy occurred for the purpose of filling the vacant office for the remainder of the term of office of the member who last held that office.\n\n#### 20 Qualifications for election\n\n  Subject to section 21, a person is qualified to be a candidate for election as a member of the Legislative Assembly if, at the date of nomination:\n    (a) he or she is an Australian citizen;\n    (b) he or she has attained the age of 18 years;\n    (c) he or she is entitled, or qualified to become entitled, to vote at elections of members of the Legislative Assembly; and\n    (d) he or she has been resident within the Commonwealth for at least 6 months and within the Territory for at least 3 months.\n\n#### 21 Disqualifications for membership of Legislative Assembly\n\n  (1) A person is not qualified to be a candidate for election as a member of the Legislative Assembly if, at the date of nomination:\n    (a) he or she:\n    (i) holds an office or appointment (other than a prescribed office or appointment) under a law of the Commonwealth (including this Act) or a law of a State or Territory; or\n    (ii) not being the holder of any office or appointment under such a law, is employed by the Commonwealth, by a State or Territory or by a body corporate established for a public purpose by such a law;\n    and he or she is entitled to any remuneration or allowance (other than reimbursement of expenses reasonably incurred) in respect of that office, appointment or employment;\n    (b) he or she is an undischarged bankrupt; or\n    (c) he or she has been convicted and is under sentence of imprisonment for one year or longer for an offence against the law of the Commonwealth or of a State or Territory.\n  (1A) In subparagraph (1)(a)(i), prescribed office or appointment means:\n    (a) the office of member of the Legislative Assembly, member of the Council, Minister of the Territory or Speaker of the Legislative Assembly; or\n    (b) an appointment under section 25 or 26.\n  (2) A member of the Legislative Assembly vacates his or her office if:\n    (a) he or she becomes a person to whom any of the paragraphs of subsection (1) applies;\n    (b) he or she ceases to be an Australian citizen;\n    (c) he or she fails to attend the Legislative Assembly for 3 consecutive sitting days of the Assembly without the permission of the Assembly;\n    (d) he or she ceases to be entitled, or qualified to become entitled, to vote at elections of members of the Legislative Assembly; or\n    (e) he or she takes or agrees to take, directly or indirectly, any remuneration, allowance or honorarium for services rendered in the Legislative Assembly, otherwise than in accordance with an enactment that provides for remuneration and allowances to be paid to persons in respect of their services as members of the Legislative Assembly, members of the Executive Council or Ministers of the Territory.\n  (3) A member of the Legislative Assembly who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Territory under which goods or services are to be supplied to the Territory shall not take part in a discussion of a matter, or vote on a question, in the Legislative Assembly where the matter or question relates directly or indirectly to that contract.\n  (4) Any question concerning the application of subsection (3) shall be decided by the Legislative Assembly, and a contravention of that subsection does not affect the validity of anything done by the Legislative Assembly.\n\n### Division 3—Procedure of Legislative Assembly\n\n#### 22 Sessions of Legislative Assembly\n\n  (1) The Administrator may, by notice published in the Government Gazette of the Territory, appoint such times for holding the sessions of the Legislative Assembly as he or she thinks fit and may also, from time to time, in like manner, prorogue the Legislative Assembly.\n  (2) At the request of such number of members of the Legislative Assembly as is prescribed by enactment, the Administrator shall, by notice published in the Government Gazette of the Territory, appoint a time, being not later than 14 days after the day on which he or she receives the request, for holding a session of the Legislative Assembly.\n\n#### 23 Quorum\n\n  The number of members necessary to constitute a meeting of the Legislative Assembly for the exercise and performance of its powers and functions shall be as prescribed by enactment.\n\n#### 24 Election of Speaker\n\n  (1) The Legislative Assembly shall, before proceeding to the despatch of any other business, choose a member of the Legislative Assembly to be the Speaker of the Legislative Assembly and, as often as the office of Speaker becomes vacant, the Legislative Assembly shall again choose a member to be the Speaker.\n  (2) The Speaker continues to hold his or her office until:\n    (a) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her election under subsection (1);\n    (b) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator;\n    (c) he or she ceases to be a member of the Legislative Assembly otherwise than by reason of the dissolution of the Legislative Assembly; or\n    (d) he or she is removed from office by the Legislative Assembly;\n  whichever first happens.\n\n#### 25 Acting Speaker—appointment by Legislative Assembly\n\n  (1) Before or during any absence of the Speaker, or during any inability of the Speaker, for any reason, to exercise the powers or perform the functions of the Speaker, the Legislative Assembly may appoint a member to exercise those powers and perform those functions during the absence or inability of the Speaker.\n  (2) A reference in this Act or in any other law in force in the Territory to the Speaker shall be read as including a reference to a person appointed under subsection (1).\n  (3) An appointment under subsection (1) remains in force until:\n    (a) the absence or inability of the Speaker ceases;\n    (b) the appointment is revoked by the Legislative Assembly;\n    (c) the person appointed resigns his or her appointment by writing signed by him or her and delivered to the Administrator;\n    (d) the person appointed ceases to be a member of the Legislative Assembly otherwise than by reason of the dissolution of the Legislative Assembly; or\n    (e) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after the appointment takes effect;\n  whichever first happens.\n\n#### 26 Acting Speaker—appointment by Administrator\n\n  (1) Where:\n    (a) the office of Speaker has become vacant and the Legislative Assembly has not chosen another Speaker to fill the vacancy;\n    (b) the Speaker is absent or is unable, for any reason, to exercise the powers or perform the functions of the Speaker and the Legislative Assembly has not appointed a person under subsection 25(1);\n    (c) the appointment of a person under subsection 25(1) has ceased to be in force, otherwise than by reason of the absence or inability of the Speaker ceasing, and the Legislative Assembly has not appointed another member under that subsection; or\n    (d) a person appointed under subsection 25(1) is absent or is unable, for any reason, to exercise the powers or perform the functions of the Speaker and the Legislative Assembly has not appointed another person under that subsection;\n  the Administrator may, by instrument in writing, appoint a member of the Legislative Assembly to exercise the powers and perform the functions of the Speaker.\n  (2) A reference in this Act or in any other law in force in the Territory to the Speaker shall be read as including a reference to a person appointed under subsection (1).\n  (3) An appointment under subsection (1) remains in force until:\n    (a) the next meeting of the Legislative Assembly is held;\n    (b) the Administrator, by instrument in writing, revokes the appointment;\n    (c) the person appointed resigns his or her appointment by writing signed by him or her and delivered to the Administrator;\n    (d) the person appointed ceases to be a member of the Legislative Assembly otherwise than by reason of the dissolution of the Legislative Assembly;\n    (e) in the case of the absence or inability of the Speaker—that absence or inability ceases; or\n    (f) in the case of the absence or inability of a person appointed under subsection 25(1)—that absence or inability ceases or, if the absence or inability of the Speaker ceases before the absence or inability of that person ceases, the absence or inability of the Speaker ceases;\n  whichever first happens.\n\n#### 27 Voting in Legislative Assembly\n\n  (1) Questions arising in the Legislative Assembly shall be determined by a majority of votes.\n  (2) Subject to subsection 21(3), the Speaker or other member presiding at any meeting of the Legislative Assembly shall in all cases be entitled to vote and shall also, where there is an equality of votes on any question, have a casting vote.\n\n#### 28 Validation of acts of Legislative Assembly\n\n  Where a person who has, whether before or after the commencement of this section, purported to sit or vote as a member of the Legislative Assembly at a meeting of the Legislative Assembly or of a Committee of the Legislative Assembly:\n    (a) was not a duly elected member by reason of his or her not having been qualified for election or of any other defect in his or her election; or\n    (b) had vacated his or her office as a member;\n  all things done or purporting to have been done by the Legislative Assembly or that Committee shall be deemed to be as validly done as if that person had, when so sitting or voting, been a duly elected member of the Legislative Assembly, or had not vacated his or her office, as the case may be.\n\n#### 29 Minutes of proceedings\n\n  (1) The Legislative Assembly shall cause minutes of its proceedings to be kept.\n  (2) A copy of any minutes so kept shall, on request made by any person, be made available for inspection by him or her or, on payment of such fee as is fixed by or under enactment, be supplied to him or her.\n\n#### 30 Standing rules and orders\n\n  The Legislative Assembly may make standing rules and orders, not inconsistent with a law of the Territory, with respect to the order and conduct of its business and proceedings.\n\n## Part IV—The Administration\n\n#### 31 Extent of executive power\n\n  The duties, powers, functions and authorities of the Administrator, the Executive Council and the Ministers of the Territory imposed or conferred by or under this Part extend to the execution and maintenance of this Act and the laws of the Territory and to the exercise of the prerogatives of the Crown so far as they relate to those duties, powers, functions and authorities.\n\n#### 32 Office of Administrator\n\n  (1) There shall be an Administrator of the Territory, who shall be appointed by the Governor‑General by Commission under the Seal of Australia and shall hold office during the pleasure of the Governor‑General.\n  (2) The Administrator is charged with the duty of administering the government of the Territory.\n  (3) Subject to this Act, the Administrator shall exercise and perform all powers and functions that belong to his or her office, or that are conferred on him or her by or under a law in force in the Territory, in accordance with the tenor of his or her Commission and (in the case of powers and functions other than powers and functions relating to matters specified under section 35 and powers and functions under sections 34 and 36) in accordance with such instructions as are given to him or her by the Minister.\n\n#### 33 The Executive Council\n\n  (1) There shall be an Executive Council of the Northern Territory of Australia to advise the Administrator in the government of the Territory in relation to matters in respect of which the Ministers of the Territory have executive authority under section 35.\n  (2) The Council shall consist of the persons for the time being holding Ministerial office.\n  (3) The Administrator is entitled to attend all meetings of the Council, and shall preside at all meetings at which he or she is present.\n  (4) The Administrator may introduce into the Council any matter for discussion in the Council.\n  (5) Meetings of the Council shall be convened by the Administrator and not otherwise.\n  (6) Subject to the preceding provisions of this section and to any provision made by the regulations, the procedure of the Council shall be as the Council determines.\n\n#### 34 Ministerial offices\n\n  There shall be such number of offices of Minister of the Territory, having such respective designations, as the Administrator from time to time determines.\n\n#### 35 Transfer of functions to Executive\n\n  The regulations may specify the matters in respect of which the Ministers of the Territory are to have executive authority.\n\n#### 36 Appointment of Ministers\n\n  The Administrator may appoint a member of the Legislative Assembly to a Ministerial Office, and may, at any time, terminate the appointment.\n\n#### 37 Tenure of office\n\n  The appointment of a person to a Ministerial office takes effect on the day specified in the instrument of appointment and terminates when:\n    (a) he or she ceases, by reason of his or her resignation or by reason of the provisions of section 21, to be a member of the Legislative Assembly;\n    (b) his or her appointment is terminated by the Administrator;\n    (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator and the resignation is accepted by the Administrator; or\n    (d) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after the appointment takes effect.\n\n#### 38 Oath to be taken by Member of Council and Minister\n\n  (1) A member of the Council shall, before entering on the duties of his or her office, make and subscribe an oath or affirmation in accordance with the form in Schedule 4.\n  (2) A person who is appointed to a Ministerial office shall, before entering on the duties of his or her office, make and subscribe an oath or affirmation in accordance with the form in Schedule 5.\n  (3) An oath or affirmation under subsection (1) or (2) shall be made before the Administrator or a person authorized by the Administrator to administer such oaths or affirmations.\n\n#### 40 Acting Administrator\n\n  (1) The Governor‑General may, by Commission under the Seal of Australia, appoint one or more persons to act in the office of Administrator and to administer the government of the Territory during any vacancy in the office of Administrator or whenever the Administrator is absent from duty or from the Territory or is, for any other reason, unable to exercise and perform the powers and functions of his or her office.\n  (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.\n  (4) An Acting Administrator administering the government of the Territory has, and may exercise and perform, all the powers and functions of the Administrator.\n  (5) The exercise or performance by an Acting Administrator of the powers or functions of the Administrator during the absence of the Administrator from the Territory does not prevent the exercise or performance by the Administrator of any of those powers or functions.\n  (6) The appointment of an Acting Administrator, and any act done by a person purporting to act under this section, shall not be called in question by reason of any defect or irregularity in or in connexion with his or her appointment or on the ground that the occasion for his or her so acting had not arisen or had ceased.\n\n#### 41 Deputies of Administrator\n\n  (1) The Administrator may appoint a person, or persons jointly or severally, to be the deputy or deputies of the Administrator in the Territory, or a part of the Territory, and in that capacity to exercise during the pleasure of the Administrator such powers and functions of the Administrator as he or she assigns to the deputy or deputies.\n  (2) The appointment of a deputy does not affect the exercise of a power or performance of a function by the Administrator.\n\n#### 42 Oath to be taken by Administrator etc.\n\n  (1) The Administrator, and Acting Administrator or a deputy of the Administrator shall, before entering on the duties of his or her office, make and subscribe an oath or affirmation of allegiance in the form in Schedule 2 and also an oath or affirmation of office in the form in Schedule 6.\n  (2) An oath or affirmation under this section shall be made before the Governor‑General, a Judge of the Supreme Court of the Northern Territory of Australia or a person authorized by the Governor‑General to administer the oath or affirmation.\n\n## Part V—Finance\n\n#### 43 Interpretation\n\n  In this Part:\n\n> public moneys of the Territory means revenues, loans and other moneys received by the Territory.\n\n> Territory authority means a body corporate established for a public purpose by or under an enactment, being an authority that is empowered by enactment to borrow moneys.\n\n#### 44 Public moneys\n\n  (1) The public moneys of the Territory shall be available to defray the expenditure of the Territory.\n  (2) The receipt, expenditure and control of public moneys of the Territory shall be regulated as provided by enactment.\n\n#### 45 Withdrawals of public moneys\n\n  (1) No public moneys of the Territory shall be issued or expended except as authorized by enactment.\n  (2) The public moneys of the Territory may be invested in such manner as is provided by enactment.\n\n#### 46 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 the Finance Minister, in writing, determines.\n\n#### 48 Commonwealth Auditor‑General may audit Territory accounts\n\n  It is lawful for the Auditor‑General for the Commonwealth to accept appointment as auditor under any enactment relating to the audit of the accounts of the Territory or the audit of the accounts of a body corporate established for a public purpose by or under any other enactment.\n\n## Part VI—Miscellaneous\n\n#### 49 Trade and commerce with States to be free\n\n  Trade, commerce and intercourse between the Territory and the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.\n\n#### 50 Acquisition of property to be on just terms\n\n  (1) The power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of laws with respect to the acquisition of property otherwise than on just terms.\n  (2) Subject to section 70, the acquisition of any property in the Territory which, if the property were in a State, would be an acquisition to which paragraph 51(xxxi) of the Constitution would apply, shall not be made otherwise than on just terms.\n\n#### 51 Acts that bind States to bind Northern Territory\n\n  (1) Where 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, by force of this subsection, binds the Territory or the Crown in right of the Territory, unless that Act specifically provides otherwise.\n  (2) Nothing in subsection (1) shall be taken to affect the application of any law of the Commonwealth in and in relation to the Territory otherwise than as provided in that subsection.\n\n#### 53 Application of Fair Work Act 2009\n\n  (3) Until provision to the contrary is made by an Act, the powers of the Fair Work Commission do not extend to employment in respect of which a tribunal established by an enactment before 1 July 1978 has power to hear and determine disputes, claims or matters relating to the terms and conditions of the employment.\n  (4) Provision may be made by enactment for a member of the Fair Work Commission to constitute, or to be a member of, a tribunal established by an enactment before 1 July 1978, and nothing in this section or the Fair Work Act 2009 prevents a member of the Fair Work Commission from accepting appointment or performing duties as, or as a member of, such a tribunal.\n  (5) The power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of a law conferring on any court, tribunal, board, body, person or other authority any power in relation to the hearing and determining of disputes, claims or matters relating to terms and conditions of employment.\n  (6) Subsection (5) does not prevent the making of:\n    (a) a law conferring the power to make determinations by way of the ascertainment of rights or obligations conferred or imposed on persons by law; or\n    (b) a law conferring power on the Public Service Commissioner of the Territory, on a body established by enactment, or on the holder of an office established by enactment, to make determinations by way of the fixing of terms and conditions of employment of persons employed in the Public Service of the Territory or employed by that body or by the holder of that office, as the case may be.\n\n> Note: See section 40 of the Fair Work Act 2009 and regulations made under subsection (2) of that section for the interaction between determinations made under paragraph (6)(b) of this section and fair work instruments (within the meaning of that Act).\n\n#### 54 Power to confer jurisdiction on Remuneration Tribunal in relation to members etc.\n\n  (1) Provision may be made by enactment to confer on the Remuneration Tribunal established by the Remuneration Tribunal Act 1973 the function of inquiring into, and reporting on or determining, remuneration and allowances to be paid, and other entitlements to be granted, to persons in respect of their services as members of the Legislative Assembly, members of the Executive Council and Ministers of the Territory.\n  (2) Nothing in subsection (1) shall be taken to limit the power to make other provision by enactment for and in relation to remuneration, allowances and other entitlements referred to in that subsection.\n\n#### 55 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n## Part VII—Transitional provisions\n\n#### 56 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> commencing date means 1 July 1978.\n\n> existing Legislative Assembly means the Legislative Assembly established by section 4 of the previous Act.\n\n> instrument includes rules, regulations or by‑laws.\n\n> interest includes any right, title, estate, power, privilege, claim, demand, charge, lien or encumbrance, whether at law or in equity.\n\n> Ordinance means an Ordinance made under the previous Act.\n\n> previous Act means the Northern Territory (Administration) Act 1910.\n\n#### 57 Continuance of laws\n\n  (1) Subject to this Act, on and after the commencing date, all existing laws of the Territory have the same operation as they would have had if this Act had not been enacted, subject to alteration or repeal by or under enactment.\n  (2) Where any existing law of the Territory, the operation of which is preserved by 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, in the Governor of that State with the advice of his or her Executive Council or in any authority of that State shall, in relation to the Territory, be vested in and exercised or performed by the Administrator, the Administrator acting with the advice of the Council or the authority exercising similar powers and functions in the Territory, as the case may be, or as the Administrator directs.\n  (3) In this section, existing law of the Territory means:\n    (a) any law in force in the Territory immediately before the commencing date, other than an Act or an instrument (not being an Ordinance or an instrument made under an Ordinance) made under an Act; or\n    (b) an Ordinance, or an instrument under an Ordinance, in force immediately before the commencing date or made and assented to before that date but not in force before that date.\n\n#### 58 Administrator etc. to continue in office\n\n  (1) Where, immediately before the commencing date, a person holds office by virtue of a provision of the previous Act as the Administrator, an Acting Administrator or a deputy Administrator, he or she continues on and after that date, but subject to this Act, to hold office for the remainder of his or her term of office as if he or she had been appointed under the corresponding provision of this Act, and any instrument by which his or her appointment was made continues in force accordingly.\n  (2) Section 42 does not apply for the purposes of the continuance in office of a person by virtue of subsection (1) of this section.\n\n#### 59 Legislative Assembly etc. to continue\n\n  (1) Notwithstanding the repeal of the previous Act, but subject to this Act, until the day of the first general election of members of the Legislative Assembly after the commencing date:\n    (a) the existing Legislative Assembly continues in existence and shall, for the purposes of this Act, be deemed to be the Legislative Assembly referred to in section 13;\n    (b) the members of the existing Legislative Assembly holding office immediately before the commencing date continue to hold office; and\n    (c) the Speaker holding office immediately before the commencing date continues to hold office.\n  (2) Notwithstanding subsection 17(2) of this Act and the repeal of the previous Act, until the day of the first general election of members of the Legislative Assembly after the commencing date, subsections 4G(2) and (3) of the previous Act shall be deemed to continue in force in relation to the existing Legislative Assembly.\n  (3) Notwithstanding the repeal of the previous Act, the standing rules and orders of the existing Legislative Assembly in force immediately before the commencing date continue in force, but may be altered or repealed in accordance with this Act.\n  (4) Until provision is made by enactment for the purposes of subsection 13(2), the Legislative Assembly consists of 19 members.\n  (5) Subsection 13(6) does not apply for the purposes of the continuance in office of a member of the existing Legislative Assembly by virtue of subsection (1) of this section.\n\n#### 60 Functions performed by Legislative Assembly and Executive Council\n\n  An act done or decision made by, on behalf of, or in the name of, the existing Legislative Assembly or the Executive Council under the previous Act before the commencing date has effect on and after that date as if it had been done or made by, on behalf of, or in the name of, the Legislative Assembly or the Executive Council under this Act.\n\n#### 61 Functions performed by specified persons\n\n  An act done or decision made by, on behalf of, or in the name of, a person under a provision of the previous Act before the commencing date has effect on and after that date as if it had been done or made by, on behalf of, or in the name of, the appropriate person under the corresponding provision of this Act.\n\n#### 63 Sessions of Legislative Assembly\n\n  Until provision is made by enactment for the purposes of subsection 22(2), the number of members of the Legislative Assembly required for the purposes of that subsection is 10.\n\n#### 64 Quorum\n\n  Until provision is made by enactment for the purposes of section 23, the number of members of the Legislative Assembly required for the purposes of that section is 10.\n\n#### 65 Remuneration and allowances\n\n  Notwithstanding the repeal of the previous Act, until a person receives remuneration, allowances and other entitlements in accordance with an enactment, he or she shall receive in respect of his or her services as a member of the Legislative Assembly, a member of the Council or a Minister of the Territory, as the case may be, remuneration, allowances and other entitlements in accordance with the relevant determination by the Remuneration Tribunal in force immediately before the commencing date, and paragraph 21(2)(e) does not apply in relation to remuneration, allowances and other entitlements so received.\n\n#### 66 Ordinances made but not assented to before commencing date\n\n  (1) An Ordinance made by the existing Legislative Assembly before the commencing date but not assented to before that date (other than an Ordinance to which subsection (2) applies) shall, for the purposes of this Act, be deemed to be a proposed law passed by the Legislative Assembly under this Act.\n  (2) Where, before the commencing date, the Administrator had, in accordance with section 4V or 4W of the previous Act, reserved an Ordinance for the Governor‑General’s pleasure and the Governor‑General had not made a declaration under subsection 4X(1) of that Act in relation to the Ordinance, the Ordinance shall, for the purposes of this Act, be deemed to be a proposed law passed by the Legislative Assembly under this Act and to have been reserved for the Governor‑General’s pleasure in accordance with section 7 of this Act.\n\n#### 67 References in other laws\n\n  In any law of the Commonwealth or of the Territory or any instrument having effect under such a law (including a law or instrument that came into operation before the commencing date), except so far as the context otherwise requires:\n    (a) a reference, however expressed, to the Legislative Assembly for the Territory shall be read as a reference to the Legislative Assembly of the Northern Territory of Australia;\n    (b) a reference, however expressed, to an Ordinance shall be read as including a reference to an enactment;\n    (c) a reference, however expressed, to the Executive Council established by the previous Act shall be read as including a reference to the Executive Council of the Northern Territory of Australia; and\n    (d) a reference, however expressed, to a person holding office under a provision of the previous Act shall be read as including a reference to a person holding office under the corresponding provision of this Act.\n\n#### 68 Certain provisions of previous Act to continue to operate\n\n  Notwithstanding the repeal of the previous Act, the provisions of sections 11, 12, 13, 14, 15, 16, 19, 19A and 20 of the previous Act continue to have effect, by virtue of this Act and except so far as they are inconsistent with a provision of this Act, as if that Act had not been repealed.\n\n#### 69 Transfers of property etc.\n\n  (1) In this section:\n\n> mineral means a naturally occurring substance or mixture of substances, whether in a solid, liquid or gaseous state.\n\n> personal property does not include:\n\n    (a) money;\n    (b) things in action (other than rights in relation to inventions, trade marks or designs); or\n    (c) leasehold interests in land.\n  (2) All interests of the Commonwealth in land in the Territory, other than interests referred to in subsection (5), are, by force of this section, vested in the Territory on the commencing date.\n  (3) All interests in land in the Territory held from the Commonwealth immediately before the commencing date are, by force of this section, held from the Territory on and after that date on the same terms and conditions as those on which they were held from the Commonwealth.\n  (4) All interests of the Commonwealth in respect of minerals in the Territory (other than prescribed substances within the meaning of the Atomic Energy Act 1953 and the regulations made under that Act and in force immediately before the commencing date) are, by force of this section, vested in the Territory on that date.\n  (5) On, or as soon as practicable after, the date when a matter is specified under section 35, the Minister shall transfer or cause to be transferred to the Territory:\n    (a) all interests held by the Commonwealth immediately before that date in land in the Territory, being:\n    (i) interests under easements, rights of way or mortgages; or\n    (ii) interests as lessee or sub‑lessee; and\n    (b) all personal property held by the Commonwealth immediately before that date;\n  being interests and property that, in the opinion of the Minister, were so held for the purposes of the Commonwealth in connexion with that matter.\n  (6) Where an interest is transferred to the Territory under paragraph (5)(a), being an interest derived from a contract, the Territory is, by force of this section, substituted for the Commonwealth as a party to the contract.\n  (7) The Commonwealth is not liable to pay to the Territory any duties, fees or other charges in respect of anything done under subsection (5).\n\n#### 70 Acquisition of certain land etc.\n\n  (1) The Minister may, from time to time, recommend to the Governor‑General that any interest in land vested or to be vested in the Territory by subsection 69(2) (including an interest less than, or subsidiary to, such an interest) be acquired from the Territory by the Commonwealth under this section.\n  (2) The Governor‑General may, on the recommendation of the Minister under subsection (1), authorize the acquisition of the interest for a public purpose approved by the Governor‑General.\n  (3) The Minister may cause to be published in the Gazette notice of the authorization by the Governor‑General and, in the notice, declare that the interest is acquired under this section for the public purpose approved by the Governor‑General.\n  (4) Upon publication of the notice in the Gazette or immediately after the commencement of section 69, whichever is the later, the interest to which the notice relates is, by force of this section:\n    (a) vested in the Commonwealth; and\n    (b) freed and discharged from any restriction, dedication or reservation made by or under any enactment (not being an interest to which subsection (6) applies);\n  to the intent that the legal estate in the interest, and all rights and powers incident to that estate or conferred by the Lands Acquisition Act 1989 in relation to that estate, are vested in the Commonwealth.\n  (5) An interest that may be acquired under this section may be an interest that did not previously exist as such.\n  (6) Upon the acquisition of an interest by the Commonwealth under this section, all interests that were held from the Territory immediately before the acquisition, being interests derived from the first‑mentioned interest, are, by force of this section, held from the Commonwealth on the same terms and conditions as those on which they were held from the Territory.\n  (7) The Secretary of the Department shall lodge with the registrar of titles of the Territory a copy of a notice published under this section, certified by writing signed by the Secretary.\n  (8) Upon the lodgment of a copy of a notice in accordance with subsection (7), the registrar of titles shall register the acquisition to which the notice relates in the manner as nearly as may be in which dealings with land are registered, and shall deal with and give effect to the copy of the notice as if it were a grant, conveyance, memorandum or instrument of transfer of the land or interest, as the case may be, to the Commonwealth duly executed under the laws in force in the Territory.\n  (9) The Commonwealth is not liable to pay to the Territory:\n    (a) any compensation in respect of an acquisition made under this section; or\n    (b) any duties, fees or other charges in respect of anything done under subsection (7) or (8).\n  (10) A notice shall not be published under this section after the expiration of one year after the commencing date.\n  (11) Where subsection (4) has effect in relation to an interest in land, that subsection has the like effect in relation to any interest vested in the Territory by subsection 69(4) in respect of minerals in or on that land.\n  (12) This section has effect despite anything contained in the Lands Acquisition Act 1989.\n\n#### 71 Contracts\n\n  (1) The regulations may make provision for and in relation to:\n    (a) the substitution of the Territory for the Commonwealth as a party to a prescribed contract or a contract included in a class of prescribed contracts; and\n    (b) matters arising from, connected with or consequential upon any such substitution.\n  (2) In subsection (1), prescribed contract means a contract:\n    (a) which was subsisting immediately before the commencing date or was entered into on or after that date and before the date of commencement of the Northern Territory (Self‑Government) Amendment Act 1982;\n    (b) to which the Commonwealth is a party; and\n    (c) which relates to a matter specified under section 35;\n  other than a contract referred to in subsection 69(6).\n\n#### 72 Commonwealth to indemnify Territory\n\n  (1) The Commonwealth shall indemnify the Territory, and keep the Territory indemnified, against any action, claim or demand brought or made against the Territory in respect of any act done or omitted to be done by or on behalf of the Commonwealth, being an action, claim or demand that, but for the operation of this Act, could be brought or made against the Commonwealth.\n  (2) The indemnification under subsection (1) extends to damages, expenses and costs arising from, connected with or consequential upon an action, claim or demand referred to in that subsection.\n\n#### 73 Validity of Ordinances\n\n  For the avoidance of doubt, it is hereby declared that an Ordinance made by the existing Legislative Assembly under the previous Act (including an Ordinance that was not assented to before the commencing date) is as valid as if it had been passed by the Legislative Assembly under this Act.\n\n#### 74 Agency arrangements\n\n  The Minister may arrange with the Administrator for the Territory to perform functions on behalf of the Commonwealth or for the Commonwealth to perform functions on behalf of the Territory.\n\n#### 75 Regulations\n\n  (1) With the consent of the Administrator for the Territory acting with the advice of the Council, the regulations may make provision (including provision by way of modifications and adaptations of any Act) for and in relation to any matter arising from, consequential upon or otherwise connected with the establishment of the Territory as a body politic under the Crown.\n  (2) The power to make regulations under subsection (1) extends to the making of regulations expressed to take effect on and from a date earlier than the date of the making of the regulations, not being a date earlier than the commencing date.\n  (3) Regulations shall not be made under this section after 30 June 1979.","sortOrder":7},{"sectionNumber":"Division 1","sectionType":"division","heading":"Powers of Legislative Assembly","content":"## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Northern Territory (Self‑Government) Act 1978.\n\n#### 2 Commencement\n\n  (1) Sections 1, 2 and 70 shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act shall come into operation on 1 July 1978.\n\n#### 3 Repeals\n\n  The Acts specified in Schedule 1 are repealed.\n\n#### 4 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Acting Administrator means a person appointed under section 40 to act in the office of Administrator.\n\n> Administrator means the Administrator of the Territory, and includes an Acting Administrator.\n\n> Council means the Executive Council of the Northern Territory of Australia.\n\n> enactment means:\n\n    (a) a law (however described or entitled) passed by the Legislative Assembly and assented to under section 7 or 8; or\n    (b) an Ordinance made under the Northern Territory (Administration) Act 1910 and continued in force by this Act;\n  and includes part of any such law or Ordinance.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Legislative Assembly means the Legislative Assembly of the Northern Territory of Australia.\n\n> Ministerial office means an office referred to in section 34.\n\n> Minister of the Territory means a person holding office under section 36.\n\n> Speaker means the Speaker of the Legislative Assembly.\n\n> Territory means the Northern Territory of Australia.\n\n  (2) A reference in this Act to the powers or functions of the Speaker shall be read as including a reference to the powers or functions of the Speaker under any law in force in the Territory.\n\n## Part II—Northern Territory of Australia\n\n#### 5 Establishment of body politic\n\n  The Northern Territory of Australia is hereby established as a body politic under the Crown by the name of the Northern Territory of Australia.\n\n## Part III—Legislative Assembly\n\n### Division 1—Powers of Legislative Assembly\n\n#### 6 Legislative power\n\n  Subject to this Act, the Legislative Assembly has power, with the assent of the Administrator or the Governor‑General, as provided by this Act, to make laws for the peace, order and good government of the Territory.\n\n#### 7 Assent to proposed laws\n\n  (1) Every proposed law passed by the Legislative Assembly shall be presented to the Administrator for assent.\n  (2) Upon the presentation of a proposed law to the Administrator for assent, the Administrator shall, subject to this section, declare:\n    (a) in the case of a proposed law making provision only for or in relation to a matter specified under section 35:\n    (i) that he or she assents to the proposed law; or\n    (ii) that he or she withholds assent to the proposed law; or\n    (b) in any other case:\n    (i) that he or she assents to the proposed law;\n    (ii) that he or she withholds assent to the proposed law; or\n    (iii) that he or she reserves the proposed law for the Governor‑General’s pleasure.\n  (3) The Administrator may return the proposed law to the Legislative Assembly with amendments that he or she recommends.\n  (4) The Legislative Assembly shall consider the amendments recommended by the Administrator and the proposed law, with those or any other amendments or without amendments, may be again presented to the Administrator for assent, and subsection (2) applies accordingly.\n\n#### 8 Signification of pleasure on proposed law reserved\n\n  (1) Where the Administrator reserves a proposed law for the Governor‑General’s pleasure, the Governor‑General shall, subject to this section, declare:\n    (a) that he or she assents to the proposed law;\n    (b) that he or she withholds assent to the proposed law; or\n    (c) that he or she withholds assent to part of the proposed law and assents to the remainder of the proposed law.\n  (2) The Governor‑General may return the proposed law to the Administrator with amendments that he or she recommends.\n  (3) The Legislative Assembly shall consider the amendments recommended by the Governor‑General and the proposed law, with those or any other amendments or without amendments, may be again presented to the Administrator for assent, and subsection 7(2) applies accordingly.\n  (4) Where the Governor‑General makes a declaration in respect of a proposed law in accordance with subsection (1), the Administrator shall, as soon as practicable after the declaration is made, cause to be published in the Government Gazette of the Territory a notice of the declaration.\n  (5) The assent of the Governor‑General to a proposed law or part of a proposed law is of no effect until notification of the Governor‑General’s declaration in respect of the proposed law is published in the Government Gazette of the Territory.\n\n#### 10 Reason for withholding assent etc. to be tabled in Legislative Assembly\n\n  Where the Administrator withholds assent to a proposed law, or the Governor‑General withholds assent to a proposed law or part of a proposed law, a message of the Administrator stating the reasons for the withholding of assent shall be laid before the Legislative Assembly within 6 sitting days of the Legislative Assembly after the date on which the assent was withheld.\n\n#### 11 Proposal of money votes\n\n  An enactment, vote, resolution or question, the effect of which is to dispose of or charge any revenues, loans or other moneys received by the Territory, shall not be proposed in the Legislative Assembly unless the purpose for which such revenues, loans or other moneys are to be disposed of or charged by reason of the enactment, vote, resolution or question, as the case may be, has in the same session been recommended by message of the Administrator to the Legislative Assembly.\n\n#### 12 Powers, privileges and immunities of Legislative Assembly\n\n  The power of the Legislative Assembly conferred by section 6 in relation to the making of laws extends to the making of laws:\n    (a) declaring the powers (other than legislative powers), privileges and immunities of the Legislative Assembly and of its members and committees, but so that the powers, privileges and immunities so declared do not exceed the powers, privileges and immunities for the time being of the House of Representatives, or of the members or committees of that House, respectively; and\n    (b) providing for the manner in which powers, privileges and immunities so declared may be exercised or upheld.\n\n### Division 2—Constitution and membership of Legislative Assembly\n\n#### 13 Legislative Assembly\n\n  (1) There shall be a Legislative Assembly of the Northern Territory of Australia.\n  (2) The Legislative Assembly shall consist of such number of members as is provided by enactment.\n  (3) Subject to this Act, the members of the Legislative Assembly shall be elected as provided by enactment.\n  (4) For the purposes of the election of members of the Legislative Assembly, the Territory shall be distributed into as many electoral divisions as there are members to be elected, and a quota shall be calculated by dividing the whole number of electors in the Territory, as nearly as can be ascertained, by the number of members to be elected.\n  (5) For the purposes of subsection (4), each electoral division shall contain a number of electors not exceeding, or falling short of, the quota calculated under that subsection by more than one‑fifth of the quota.\n  (6) A member of the Legislative Assembly shall, before taking his or her seat, make and subscribe an oath or affirmation of allegiance in the form in Schedule 2 and also an oath or affirmation of office in the form in Schedule 3.\n  (7) An oath or affirmation under subsection (6) shall be made before the Administrator or a person authorized by the Administrator to administer such oaths or affirmations.\n\n#### 14 Qualifications of electors\n\n  (1) Subject to subsection (2), all persons who are, under the Commonwealth Electoral Act 1918, qualified to vote at an election of a member of the House of Representatives for the Northern Territory, shall be qualified to vote at an election of members of the Legislative Assembly.\n  (2) Subsection (1) does not apply to persons who are qualified to vote at an election of a member of the House of Representatives for the Northern Territory by reason only of the amendments of the Commonwealth Electoral Act 1918 made by the provisions of Part II of the Cocos (Keeling) Islands Self‑Determination (Consequential Amendments) Act 1984 or by the provisions of Part III of the Christmas Island Administration (Miscellaneous Amendments) Act 1984.\n\n#### 15 Writs for elections\n\n  Writs for the election of members of the Legislative Assembly shall be issued by the Administrator.\n\n#### 16 Term of office of member\n\n  Subject to this Act, the term of office of a member of the Legislative Assembly commences on the date of his or her election and ends immediately before the date of the next general election of members of the Legislative Assembly.\n\n#### 17 Dates of elections\n\n  (1) A general election of members of the Legislative Assembly shall be held on a date determined by the Administrator.\n  (2) The period from the first meeting of the Legislative Assembly after a general election of members of the Assembly to the date of the next succeeding general election shall not be more than 4 years.\n\n#### 18 Resignation of members of Legislative Assembly\n\n  A member of the Legislative Assembly may resign his or her office by writing signed by him or her and delivered to the Speaker or, if there is no Speaker or the Speaker is absent from the Territory, to the Administrator, and on the receipt of the resignation by the Speaker or the Administrator, as the case may be, his or her office shall become vacant.\n\n#### 19 Filling of casual vacancy\n\n  Where a casual vacancy occurs in the office of a member of the Legislative Assembly less than 3 years and 6 months after the first meeting of the Assembly following the last preceding general election, an election shall be held in the electoral division in respect of which the vacancy occurred for the purpose of filling the vacant office for the remainder of the term of office of the member who last held that office.\n\n#### 20 Qualifications for election\n\n  Subject to section 21, a person is qualified to be a candidate for election as a member of the Legislative Assembly if, at the date of nomination:\n    (a) he or she is an Australian citizen;\n    (b) he or she has attained the age of 18 years;\n    (c) he or she is entitled, or qualified to become entitled, to vote at elections of members of the Legislative Assembly; and\n    (d) he or she has been resident within the Commonwealth for at least 6 months and within the Territory for at least 3 months.\n\n#### 21 Disqualifications for membership of Legislative Assembly\n\n  (1) A person is not qualified to be a candidate for election as a member of the Legislative Assembly if, at the date of nomination:\n    (a) he or she:\n    (i) holds an office or appointment (other than a prescribed office or appointment) under a law of the Commonwealth (including this Act) or a law of a State or Territory; or\n    (ii) not being the holder of any office or appointment under such a law, is employed by the Commonwealth, by a State or Territory or by a body corporate established for a public purpose by such a law;\n    and he or she is entitled to any remuneration or allowance (other than reimbursement of expenses reasonably incurred) in respect of that office, appointment or employment;\n    (b) he or she is an undischarged bankrupt; or\n    (c) he or she has been convicted and is under sentence of imprisonment for one year or longer for an offence against the law of the Commonwealth or of a State or Territory.\n  (1A) In subparagraph (1)(a)(i), prescribed office or appointment means:\n    (a) the office of member of the Legislative Assembly, member of the Council, Minister of the Territory or Speaker of the Legislative Assembly; or\n    (b) an appointment under section 25 or 26.\n  (2) A member of the Legislative Assembly vacates his or her office if:\n    (a) he or she becomes a person to whom any of the paragraphs of subsection (1) applies;\n    (b) he or she ceases to be an Australian citizen;\n    (c) he or she fails to attend the Legislative Assembly for 3 consecutive sitting days of the Assembly without the permission of the Assembly;\n    (d) he or she ceases to be entitled, or qualified to become entitled, to vote at elections of members of the Legislative Assembly; or\n    (e) he or she takes or agrees to take, directly or indirectly, any remuneration, allowance or honorarium for services rendered in the Legislative Assembly, otherwise than in accordance with an enactment that provides for remuneration and allowances to be paid to persons in respect of their services as members of the Legislative Assembly, members of the Executive Council or Ministers of the Territory.\n  (3) A member of the Legislative Assembly who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Territory under which goods or services are to be supplied to the Territory shall not take part in a discussion of a matter, or vote on a question, in the Legislative Assembly where the matter or question relates directly or indirectly to that contract.\n  (4) Any question concerning the application of subsection (3) shall be decided by the Legislative Assembly, and a contravention of that subsection does not affect the validity of anything done by the Legislative Assembly.\n\n### Division 3—Procedure of Legislative Assembly\n\n#### 22 Sessions of Legislative Assembly\n\n  (1) The Administrator may, by notice published in the Government Gazette of the Territory, appoint such times for holding the sessions of the Legislative Assembly as he or she thinks fit and may also, from time to time, in like manner, prorogue the Legislative Assembly.\n  (2) At the request of such number of members of the Legislative Assembly as is prescribed by enactment, the Administrator shall, by notice published in the Government Gazette of the Territory, appoint a time, being not later than 14 days after the day on which he or she receives the request, for holding a session of the Legislative Assembly.\n\n#### 23 Quorum\n\n  The number of members necessary to constitute a meeting of the Legislative Assembly for the exercise and performance of its powers and functions shall be as prescribed by enactment.\n\n#### 24 Election of Speaker\n\n  (1) The Legislative Assembly shall, before proceeding to the despatch of any other business, choose a member of the Legislative Assembly to be the Speaker of the Legislative Assembly and, as often as the office of Speaker becomes vacant, the Legislative Assembly shall again choose a member to be the Speaker.\n  (2) The Speaker continues to hold his or her office until:\n    (a) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her election under subsection (1);\n    (b) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator;\n    (c) he or she ceases to be a member of the Legislative Assembly otherwise than by reason of the dissolution of the Legislative Assembly; or\n    (d) he or she is removed from office by the Legislative Assembly;\n  whichever first happens.\n\n#### 25 Acting Speaker—appointment by Legislative Assembly\n\n  (1) Before or during any absence of the Speaker, or during any inability of the Speaker, for any reason, to exercise the powers or perform the functions of the Speaker, the Legislative Assembly may appoint a member to exercise those powers and perform those functions during the absence or inability of the Speaker.\n  (2) A reference in this Act or in any other law in force in the Territory to the Speaker shall be read as including a reference to a person appointed under subsection (1).\n  (3) An appointment under subsection (1) remains in force until:\n    (a) the absence or inability of the Speaker ceases;\n    (b) the appointment is revoked by the Legislative Assembly;\n    (c) the person appointed resigns his or her appointment by writing signed by him or her and delivered to the Administrator;\n    (d) the person appointed ceases to be a member of the Legislative Assembly otherwise than by reason of the dissolution of the Legislative Assembly; or\n    (e) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after the appointment takes effect;\n  whichever first happens.\n\n#### 26 Acting Speaker—appointment by Administrator\n\n  (1) Where:\n    (a) the office of Speaker has become vacant and the Legislative Assembly has not chosen another Speaker to fill the vacancy;\n    (b) the Speaker is absent or is unable, for any reason, to exercise the powers or perform the functions of the Speaker and the Legislative Assembly has not appointed a person under subsection 25(1);\n    (c) the appointment of a person under subsection 25(1) has ceased to be in force, otherwise than by reason of the absence or inability of the Speaker ceasing, and the Legislative Assembly has not appointed another member under that subsection; or\n    (d) a person appointed under subsection 25(1) is absent or is unable, for any reason, to exercise the powers or perform the functions of the Speaker and the Legislative Assembly has not appointed another person under that subsection;\n  the Administrator may, by instrument in writing, appoint a member of the Legislative Assembly to exercise the powers and perform the functions of the Speaker.\n  (2) A reference in this Act or in any other law in force in the Territory to the Speaker shall be read as including a reference to a person appointed under subsection (1).\n  (3) An appointment under subsection (1) remains in force until:\n    (a) the next meeting of the Legislative Assembly is held;\n    (b) the Administrator, by instrument in writing, revokes the appointment;\n    (c) the person appointed resigns his or her appointment by writing signed by him or her and delivered to the Administrator;\n    (d) the person appointed ceases to be a member of the Legislative Assembly otherwise than by reason of the dissolution of the Legislative Assembly;\n    (e) in the case of the absence or inability of the Speaker—that absence or inability ceases; or\n    (f) in the case of the absence or inability of a person appointed under subsection 25(1)—that absence or inability ceases or, if the absence or inability of the Speaker ceases before the absence or inability of that person ceases, the absence or inability of the Speaker ceases;\n  whichever first happens.\n\n#### 27 Voting in Legislative Assembly\n\n  (1) Questions arising in the Legislative Assembly shall be determined by a majority of votes.\n  (2) Subject to subsection 21(3), the Speaker or other member presiding at any meeting of the Legislative Assembly shall in all cases be entitled to vote and shall also, where there is an equality of votes on any question, have a casting vote.\n\n#### 28 Validation of acts of Legislative Assembly\n\n  Where a person who has, whether before or after the commencement of this section, purported to sit or vote as a member of the Legislative Assembly at a meeting of the Legislative Assembly or of a Committee of the Legislative Assembly:\n    (a) was not a duly elected member by reason of his or her not having been qualified for election or of any other defect in his or her election; or\n    (b) had vacated his or her office as a member;\n  all things done or purporting to have been done by the Legislative Assembly or that Committee shall be deemed to be as validly done as if that person had, when so sitting or voting, been a duly elected member of the Legislative Assembly, or had not vacated his or her office, as the case may be.\n\n#### 29 Minutes of proceedings\n\n  (1) The Legislative Assembly shall cause minutes of its proceedings to be kept.\n  (2) A copy of any minutes so kept shall, on request made by any person, be made available for inspection by him or her or, on payment of such fee as is fixed by or under enactment, be supplied to him or her.\n\n#### 30 Standing rules and orders\n\n  The Legislative Assembly may make standing rules and orders, not inconsistent with a law of the Territory, with respect to the order and conduct of its business and proceedings.\n\n## Part IV—The Administration\n\n#### 31 Extent of executive power\n\n  The duties, powers, functions and authorities of the Administrator, the Executive Council and the Ministers of the Territory imposed or conferred by or under this Part extend to the execution and maintenance of this Act and the laws of the Territory and to the exercise of the prerogatives of the Crown so far as they relate to those duties, powers, functions and authorities.\n\n#### 32 Office of Administrator\n\n  (1) There shall be an Administrator of the Territory, who shall be appointed by the Governor‑General by Commission under the Seal of Australia and shall hold office during the pleasure of the Governor‑General.\n  (2) The Administrator is charged with the duty of administering the government of the Territory.\n  (3) Subject to this Act, the Administrator shall exercise and perform all powers and functions that belong to his or her office, or that are conferred on him or her by or under a law in force in the Territory, in accordance with the tenor of his or her Commission and (in the case of powers and functions other than powers and functions relating to matters specified under section 35 and powers and functions under sections 34 and 36) in accordance with such instructions as are given to him or her by the Minister.\n\n#### 33 The Executive Council\n\n  (1) There shall be an Executive Council of the Northern Territory of Australia to advise the Administrator in the government of the Territory in relation to matters in respect of which the Ministers of the Territory have executive authority under section 35.\n  (2) The Council shall consist of the persons for the time being holding Ministerial office.\n  (3) The Administrator is entitled to attend all meetings of the Council, and shall preside at all meetings at which he or she is present.\n  (4) The Administrator may introduce into the Council any matter for discussion in the Council.\n  (5) Meetings of the Council shall be convened by the Administrator and not otherwise.\n  (6) Subject to the preceding provisions of this section and to any provision made by the regulations, the procedure of the Council shall be as the Council determines.\n\n#### 34 Ministerial offices\n\n  There shall be such number of offices of Minister of the Territory, having such respective designations, as the Administrator from time to time determines.\n\n#### 35 Transfer of functions to Executive\n\n  The regulations may specify the matters in respect of which the Ministers of the Territory are to have executive authority.\n\n#### 36 Appointment of Ministers\n\n  The Administrator may appoint a member of the Legislative Assembly to a Ministerial Office, and may, at any time, terminate the appointment.\n\n#### 37 Tenure of office\n\n  The appointment of a person to a Ministerial office takes effect on the day specified in the instrument of appointment and terminates when:\n    (a) he or she ceases, by reason of his or her resignation or by reason of the provisions of section 21, to be a member of the Legislative Assembly;\n    (b) his or her appointment is terminated by the Administrator;\n    (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator and the resignation is accepted by the Administrator; or\n    (d) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after the appointment takes effect.\n\n#### 38 Oath to be taken by Member of Council and Minister\n\n  (1) A member of the Council shall, before entering on the duties of his or her office, make and subscribe an oath or affirmation in accordance with the form in Schedule 4.\n  (2) A person who is appointed to a Ministerial office shall, before entering on the duties of his or her office, make and subscribe an oath or affirmation in accordance with the form in Schedule 5.\n  (3) An oath or affirmation under subsection (1) or (2) shall be made before the Administrator or a person authorized by the Administrator to administer such oaths or affirmations.\n\n#### 40 Acting Administrator\n\n  (1) The Governor‑General may, by Commission under the Seal of Australia, appoint one or more persons to act in the office of Administrator and to administer the government of the Territory during any vacancy in the office of Administrator or whenever the Administrator is absent from duty or from the Territory or is, for any other reason, unable to exercise and perform the powers and functions of his or her office.\n  (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.\n  (4) An Acting Administrator administering the government of the Territory has, and may exercise and perform, all the powers and functions of the Administrator.\n  (5) The exercise or performance by an Acting Administrator of the powers or functions of the Administrator during the absence of the Administrator from the Territory does not prevent the exercise or performance by the Administrator of any of those powers or functions.\n  (6) The appointment of an Acting Administrator, and any act done by a person purporting to act under this section, shall not be called in question by reason of any defect or irregularity in or in connexion with his or her appointment or on the ground that the occasion for his or her so acting had not arisen or had ceased.\n\n#### 41 Deputies of Administrator\n\n  (1) The Administrator may appoint a person, or persons jointly or severally, to be the deputy or deputies of the Administrator in the Territory, or a part of the Territory, and in that capacity to exercise during the pleasure of the Administrator such powers and functions of the Administrator as he or she assigns to the deputy or deputies.\n  (2) The appointment of a deputy does not affect the exercise of a power or performance of a function by the Administrator.\n\n#### 42 Oath to be taken by Administrator etc.\n\n  (1) The Administrator, and Acting Administrator or a deputy of the Administrator shall, before entering on the duties of his or her office, make and subscribe an oath or affirmation of allegiance in the form in Schedule 2 and also an oath or affirmation of office in the form in Schedule 6.\n  (2) An oath or affirmation under this section shall be made before the Governor‑General, a Judge of the Supreme Court of the Northern Territory of Australia or a person authorized by the Governor‑General to administer the oath or affirmation.\n\n## Part V—Finance\n\n#### 43 Interpretation\n\n  In this Part:\n\n> public moneys of the Territory means revenues, loans and other moneys received by the Territory.\n\n> Territory authority means a body corporate established for a public purpose by or under an enactment, being an authority that is empowered by enactment to borrow moneys.\n\n#### 44 Public moneys\n\n  (1) The public moneys of the Territory shall be available to defray the expenditure of the Territory.\n  (2) The receipt, expenditure and control of public moneys of the Territory shall be regulated as provided by enactment.\n\n#### 45 Withdrawals of public moneys\n\n  (1) No public moneys of the Territory shall be issued or expended except as authorized by enactment.\n  (2) The public moneys of the Territory may be invested in such manner as is provided by enactment.\n\n#### 46 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 the Finance Minister, in writing, determines.\n\n#### 48 Commonwealth Auditor‑General may audit Territory accounts\n\n  It is lawful for the Auditor‑General for the Commonwealth to accept appointment as auditor under any enactment relating to the audit of the accounts of the Territory or the audit of the accounts of a body corporate established for a public purpose by or under any other enactment.\n\n## Part VI—Miscellaneous\n\n#### 49 Trade and commerce with States to be free\n\n  Trade, commerce and intercourse between the Territory and the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.\n\n#### 50 Acquisition of property to be on just terms\n\n  (1) The power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of laws with respect to the acquisition of property otherwise than on just terms.\n  (2) Subject to section 70, the acquisition of any property in the Territory which, if the property were in a State, would be an acquisition to which paragraph 51(xxxi) of the Constitution would apply, shall not be made otherwise than on just terms.\n\n#### 51 Acts that bind States to bind Northern Territory\n\n  (1) Where 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, by force of this subsection, binds the Territory or the Crown in right of the Territory, unless that Act specifically provides otherwise.\n  (2) Nothing in subsection (1) shall be taken to affect the application of any law of the Commonwealth in and in relation to the Territory otherwise than as provided in that subsection.\n\n#### 53 Application of Fair Work Act 2009\n\n  (3) Until provision to the contrary is made by an Act, the powers of the Fair Work Commission do not extend to employment in respect of which a tribunal established by an enactment before 1 July 1978 has power to hear and determine disputes, claims or matters relating to the terms and conditions of the employment.\n  (4) Provision may be made by enactment for a member of the Fair Work Commission to constitute, or to be a member of, a tribunal established by an enactment before 1 July 1978, and nothing in this section or the Fair Work Act 2009 prevents a member of the Fair Work Commission from accepting appointment or performing duties as, or as a member of, such a tribunal.\n  (5) The power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of a law conferring on any court, tribunal, board, body, person or other authority any power in relation to the hearing and determining of disputes, claims or matters relating to terms and conditions of employment.\n  (6) Subsection (5) does not prevent the making of:\n    (a) a law conferring the power to make determinations by way of the ascertainment of rights or obligations conferred or imposed on persons by law; or\n    (b) a law conferring power on the Public Service Commissioner of the Territory, on a body established by enactment, or on the holder of an office established by enactment, to make determinations by way of the fixing of terms and conditions of employment of persons employed in the Public Service of the Territory or employed by that body or by the holder of that office, as the case may be.\n\n> Note: See section 40 of the Fair Work Act 2009 and regulations made under subsection (2) of that section for the interaction between determinations made under paragraph (6)(b) of this section and fair work instruments (within the meaning of that Act).\n\n#### 54 Power to confer jurisdiction on Remuneration Tribunal in relation to members etc.\n\n  (1) Provision may be made by enactment to confer on the Remuneration Tribunal established by the Remuneration Tribunal Act 1973 the function of inquiring into, and reporting on or determining, remuneration and allowances to be paid, and other entitlements to be granted, to persons in respect of their services as members of the Legislative Assembly, members of the Executive Council and Ministers of the Territory.\n  (2) Nothing in subsection (1) shall be taken to limit the power to make other provision by enactment for and in relation to remuneration, allowances and other entitlements referred to in that subsection.\n\n#### 55 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n## Part VII—Transitional provisions\n\n#### 56 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> commencing date means 1 July 1978.\n\n> existing Legislative Assembly means the Legislative Assembly established by section 4 of the previous Act.\n\n> instrument includes rules, regulations or by‑laws.\n\n> interest includes any right, title, estate, power, privilege, claim, demand, charge, lien or encumbrance, whether at law or in equity.\n\n> Ordinance means an Ordinance made under the previous Act.\n\n> previous Act means the Northern Territory (Administration) Act 1910.\n\n#### 57 Continuance of laws\n\n  (1) Subject to this Act, on and after the commencing date, all existing laws of the Territory have the same operation as they would have had if this Act had not been enacted, subject to alteration or repeal by or under enactment.\n  (2) Where any existing law of the Territory, the operation of which is preserved by 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, in the Governor of that State with the advice of his or her Executive Council or in any authority of that State shall, in relation to the Territory, be vested in and exercised or performed by the Administrator, the Administrator acting with the advice of the Council or the authority exercising similar powers and functions in the Territory, as the case may be, or as the Administrator directs.\n  (3) In this section, existing law of the Territory means:\n    (a) any law in force in the Territory immediately before the commencing date, other than an Act or an instrument (not being an Ordinance or an instrument made under an Ordinance) made under an Act; or\n    (b) an Ordinance, or an instrument under an Ordinance, in force immediately before the commencing date or made and assented to before that date but not in force before that date.\n\n#### 58 Administrator etc. to continue in office\n\n  (1) Where, immediately before the commencing date, a person holds office by virtue of a provision of the previous Act as the Administrator, an Acting Administrator or a deputy Administrator, he or she continues on and after that date, but subject to this Act, to hold office for the remainder of his or her term of office as if he or she had been appointed under the corresponding provision of this Act, and any instrument by which his or her appointment was made continues in force accordingly.\n  (2) Section 42 does not apply for the purposes of the continuance in office of a person by virtue of subsection (1) of this section.\n\n#### 59 Legislative Assembly etc. to continue\n\n  (1) Notwithstanding the repeal of the previous Act, but subject to this Act, until the day of the first general election of members of the Legislative Assembly after the commencing date:\n    (a) the existing Legislative Assembly continues in existence and shall, for the purposes of this Act, be deemed to be the Legislative Assembly referred to in section 13;\n    (b) the members of the existing Legislative Assembly holding office immediately before the commencing date continue to hold office; and\n    (c) the Speaker holding office immediately before the commencing date continues to hold office.\n  (2) Notwithstanding subsection 17(2) of this Act and the repeal of the previous Act, until the day of the first general election of members of the Legislative Assembly after the commencing date, subsections 4G(2) and (3) of the previous Act shall be deemed to continue in force in relation to the existing Legislative Assembly.\n  (3) Notwithstanding the repeal of the previous Act, the standing rules and orders of the existing Legislative Assembly in force immediately before the commencing date continue in force, but may be altered or repealed in accordance with this Act.\n  (4) Until provision is made by enactment for the purposes of subsection 13(2), the Legislative Assembly consists of 19 members.\n  (5) Subsection 13(6) does not apply for the purposes of the continuance in office of a member of the existing Legislative Assembly by virtue of subsection (1) of this section.\n\n#### 60 Functions performed by Legislative Assembly and Executive Council\n\n  An act done or decision made by, on behalf of, or in the name of, the existing Legislative Assembly or the Executive Council under the previous Act before the commencing date has effect on and after that date as if it had been done or made by, on behalf of, or in the name of, the Legislative Assembly or the Executive Council under this Act.\n\n#### 61 Functions performed by specified persons\n\n  An act done or decision made by, on behalf of, or in the name of, a person under a provision of the previous Act before the commencing date has effect on and after that date as if it had been done or made by, on behalf of, or in the name of, the appropriate person under the corresponding provision of this Act.\n\n#### 63 Sessions of Legislative Assembly\n\n  Until provision is made by enactment for the purposes of subsection 22(2), the number of members of the Legislative Assembly required for the purposes of that subsection is 10.\n\n#### 64 Quorum\n\n  Until provision is made by enactment for the purposes of section 23, the number of members of the Legislative Assembly required for the purposes of that section is 10.\n\n#### 65 Remuneration and allowances\n\n  Notwithstanding the repeal of the previous Act, until a person receives remuneration, allowances and other entitlements in accordance with an enactment, he or she shall receive in respect of his or her services as a member of the Legislative Assembly, a member of the Council or a Minister of the Territory, as the case may be, remuneration, allowances and other entitlements in accordance with the relevant determination by the Remuneration Tribunal in force immediately before the commencing date, and paragraph 21(2)(e) does not apply in relation to remuneration, allowances and other entitlements so received.\n\n#### 66 Ordinances made but not assented to before commencing date\n\n  (1) An Ordinance made by the existing Legislative Assembly before the commencing date but not assented to before that date (other than an Ordinance to which subsection (2) applies) shall, for the purposes of this Act, be deemed to be a proposed law passed by the Legislative Assembly under this Act.\n  (2) Where, before the commencing date, the Administrator had, in accordance with section 4V or 4W of the previous Act, reserved an Ordinance for the Governor‑General’s pleasure and the Governor‑General had not made a declaration under subsection 4X(1) of that Act in relation to the Ordinance, the Ordinance shall, for the purposes of this Act, be deemed to be a proposed law passed by the Legislative Assembly under this Act and to have been reserved for the Governor‑General’s pleasure in accordance with section 7 of this Act.\n\n#### 67 References in other laws\n\n  In any law of the Commonwealth or of the Territory or any instrument having effect under such a law (including a law or instrument that came into operation before the commencing date), except so far as the context otherwise requires:\n    (a) a reference, however expressed, to the Legislative Assembly for the Territory shall be read as a reference to the Legislative Assembly of the Northern Territory of Australia;\n    (b) a reference, however expressed, to an Ordinance shall be read as including a reference to an enactment;\n    (c) a reference, however expressed, to the Executive Council established by the previous Act shall be read as including a reference to the Executive Council of the Northern Territory of Australia; and\n    (d) a reference, however expressed, to a person holding office under a provision of the previous Act shall be read as including a reference to a person holding office under the corresponding provision of this Act.\n\n#### 68 Certain provisions of previous Act to continue to operate\n\n  Notwithstanding the repeal of the previous Act, the provisions of sections 11, 12, 13, 14, 15, 16, 19, 19A and 20 of the previous Act continue to have effect, by virtue of this Act and except so far as they are inconsistent with a provision of this Act, as if that Act had not been repealed.\n\n#### 69 Transfers of property etc.\n\n  (1) In this section:\n\n> mineral means a naturally occurring substance or mixture of substances, whether in a solid, liquid or gaseous state.\n\n> personal property does not include:\n\n    (a) money;\n    (b) things in action (other than rights in relation to inventions, trade marks or designs); or\n    (c) leasehold interests in land.\n  (2) All interests of the Commonwealth in land in the Territory, other than interests referred to in subsection (5), are, by force of this section, vested in the Territory on the commencing date.\n  (3) All interests in land in the Territory held from the Commonwealth immediately before the commencing date are, by force of this section, held from the Territory on and after that date on the same terms and conditions as those on which they were held from the Commonwealth.\n  (4) All interests of the Commonwealth in respect of minerals in the Territory (other than prescribed substances within the meaning of the Atomic Energy Act 1953 and the regulations made under that Act and in force immediately before the commencing date) are, by force of this section, vested in the Territory on that date.\n  (5) On, or as soon as practicable after, the date when a matter is specified under section 35, the Minister shall transfer or cause to be transferred to the Territory:\n    (a) all interests held by the Commonwealth immediately before that date in land in the Territory, being:\n    (i) interests under easements, rights of way or mortgages; or\n    (ii) interests as lessee or sub‑lessee; and\n    (b) all personal property held by the Commonwealth immediately before that date;\n  being interests and property that, in the opinion of the Minister, were so held for the purposes of the Commonwealth in connexion with that matter.\n  (6) Where an interest is transferred to the Territory under paragraph (5)(a), being an interest derived from a contract, the Territory is, by force of this section, substituted for the Commonwealth as a party to the contract.\n  (7) The Commonwealth is not liable to pay to the Territory any duties, fees or other charges in respect of anything done under subsection (5).\n\n#### 70 Acquisition of certain land etc.\n\n  (1) The Minister may, from time to time, recommend to the Governor‑General that any interest in land vested or to be vested in the Territory by subsection 69(2) (including an interest less than, or subsidiary to, such an interest) be acquired from the Territory by the Commonwealth under this section.\n  (2) The Governor‑General may, on the recommendation of the Minister under subsection (1), authorize the acquisition of the interest for a public purpose approved by the Governor‑General.\n  (3) The Minister may cause to be published in the Gazette notice of the authorization by the Governor‑General and, in the notice, declare that the interest is acquired under this section for the public purpose approved by the Governor‑General.\n  (4) Upon publication of the notice in the Gazette or immediately after the commencement of section 69, whichever is the later, the interest to which the notice relates is, by force of this section:\n    (a) vested in the Commonwealth; and\n    (b) freed and discharged from any restriction, dedication or reservation made by or under any enactment (not being an interest to which subsection (6) applies);\n  to the intent that the legal estate in the interest, and all rights and powers incident to that estate or conferred by the Lands Acquisition Act 1989 in relation to that estate, are vested in the Commonwealth.\n  (5) An interest that may be acquired under this section may be an interest that did not previously exist as such.\n  (6) Upon the acquisition of an interest by the Commonwealth under this section, all interests that were held from the Territory immediately before the acquisition, being interests derived from the first‑mentioned interest, are, by force of this section, held from the Commonwealth on the same terms and conditions as those on which they were held from the Territory.\n  (7) The Secretary of the Department shall lodge with the registrar of titles of the Territory a copy of a notice published under this section, certified by writing signed by the Secretary.\n  (8) Upon the lodgment of a copy of a notice in accordance with subsection (7), the registrar of titles shall register the acquisition to which the notice relates in the manner as nearly as may be in which dealings with land are registered, and shall deal with and give effect to the copy of the notice as if it were a grant, conveyance, memorandum or instrument of transfer of the land or interest, as the case may be, to the Commonwealth duly executed under the laws in force in the Territory.\n  (9) The Commonwealth is not liable to pay to the Territory:\n    (a) any compensation in respect of an acquisition made under this section; or\n    (b) any duties, fees or other charges in respect of anything done under subsection (7) or (8).\n  (10) A notice shall not be published under this section after the expiration of one year after the commencing date.\n  (11) Where subsection (4) has effect in relation to an interest in land, that subsection has the like effect in relation to any interest vested in the Territory by subsection 69(4) in respect of minerals in or on that land.\n  (12) This section has effect despite anything contained in the Lands Acquisition Act 1989.\n\n#### 71 Contracts\n\n  (1) The regulations may make provision for and in relation to:\n    (a) the substitution of the Territory for the Commonwealth as a party to a prescribed contract or a contract included in a class of prescribed contracts; and\n    (b) matters arising from, connected with or consequential upon any such substitution.\n  (2) In subsection (1), prescribed contract means a contract:\n    (a) which was subsisting immediately before the commencing date or was entered into on or after that date and before the date of commencement of the Northern Territory (Self‑Government) Amendment Act 1982;\n    (b) to which the Commonwealth is a party; and\n    (c) which relates to a matter specified under section 35;\n  other than a contract referred to in subsection 69(6).\n\n#### 72 Commonwealth to indemnify Territory\n\n  (1) The Commonwealth shall indemnify the Territory, and keep the Territory indemnified, against any action, claim or demand brought or made against the Territory in respect of any act done or omitted to be done by or on behalf of the Commonwealth, being an action, claim or demand that, but for the operation of this Act, could be brought or made against the Commonwealth.\n  (2) The indemnification under subsection (1) extends to damages, expenses and costs arising from, connected with or consequential upon an action, claim or demand referred to in that subsection.\n\n#### 73 Validity of Ordinances\n\n  For the avoidance of doubt, it is hereby declared that an Ordinance made by the existing Legislative Assembly under the previous Act (including an Ordinance that was not assented to before the commencing date) is as valid as if it had been passed by the Legislative Assembly under this Act.\n\n#### 74 Agency arrangements\n\n  The Minister may arrange with the Administrator for the Territory to perform functions on behalf of the Commonwealth or for the Commonwealth to perform functions on behalf of the Territory.\n\n#### 75 Regulations\n\n  (1) With the consent of the Administrator for the Territory acting with the advice of the Council, the regulations may make provision (including provision by way of modifications and adaptations of any Act) for and in relation to any matter arising from, consequential upon or otherwise connected with the establishment of the Territory as a body politic under the Crown.\n  (2) The power to make regulations under subsection (1) extends to the making of regulations expressed to take effect on and from a date earlier than the date of the making of the regulations, not being a date earlier than the commencing date.\n  (3) Regulations shall not be made under this section after 30 June 1979.","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Legislative power","content":"#### 6 Legislative power\n\n  Subject to this Act, the Legislative Assembly has power, with the assent of the Administrator or the Governor‑General, as provided by this Act, to make laws for the peace, order and good government of the Territory.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Assent to proposed laws","content":"#### 7 Assent to proposed laws\n\n  (1) Every proposed law passed by the Legislative Assembly shall be presented to the Administrator for assent.\n  (2) Upon the presentation of a proposed law to the Administrator for assent, the Administrator shall, subject to this section, declare:\n    (a) in the case of a proposed law making provision only for or in relation to a matter specified under section 35:\n    (i) that he or she assents to the proposed law; or\n    (ii) that he or she withholds assent to the proposed law; or\n    (b) in any other case:\n    (i) that he or she assents to the proposed law;\n    (ii) that he or she withholds assent to the proposed law; or\n    (iii) that he or she reserves the proposed law for the Governor‑General’s pleasure.\n  (3) The Administrator may return the proposed law to the Legislative Assembly with amendments that he or she recommends.\n  (4) The Legislative Assembly shall consider the amendments recommended by the Administrator and the proposed law, with those or any other amendments or without amendments, may be again presented to the Administrator for assent, and subsection (2) applies accordingly.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Signification of pleasure on proposed law reserved","content":"#### 8 Signification of pleasure on proposed law reserved\n\n  (1) Where the Administrator reserves a proposed law for the Governor‑General’s pleasure, the Governor‑General shall, subject to this section, declare:\n    (a) that he or she assents to the proposed law;\n    (b) that he or she withholds assent to the proposed law; or\n    (c) that he or she withholds assent to part of the proposed law and assents to the remainder of the proposed law.\n  (2) The Governor‑General may return the proposed law to the Administrator with amendments that he or she recommends.\n  (3) The Legislative Assembly shall consider the amendments recommended by the Governor‑General and the proposed law, with those or any other amendments or without amendments, may be again presented to the Administrator for assent, and subsection 7(2) applies accordingly.\n  (4) Where the Governor‑General makes a declaration in respect of a proposed law in accordance with subsection (1), the Administrator shall, as soon as practicable after the declaration is made, cause to be published in the Government Gazette of the Territory a notice of the declaration.\n  (5) The assent of the Governor‑General to a proposed law or part of a proposed law is of no effect until notification of the Governor‑General’s declaration in respect of the proposed law is published in the Government Gazette of the Territory.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Reason for withholding assent etc. to be tabled in Legislative Assembly","content":"#### 10 Reason for withholding assent etc. to be tabled in Legislative Assembly\n\n  Where the Administrator withholds assent to a proposed law, or the Governor‑General withholds assent to a proposed law or part of a proposed law, a message of the Administrator stating the reasons for the withholding of assent shall be laid before the Legislative Assembly within 6 sitting days of the Legislative Assembly after the date on which the assent was withheld.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Proposal of money votes","content":"#### 11 Proposal of money votes\n\n  An enactment, vote, resolution or question, the effect of which is to dispose of or charge any revenues, loans or other moneys received by the Territory, shall not be proposed in the Legislative Assembly unless the purpose for which such revenues, loans or other moneys are to be disposed of or charged by reason of the enactment, vote, resolution or question, as the case may be, has in the same session been recommended by message of the Administrator to the Legislative Assembly.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Powers, privileges and immunities of Legislative Assembly","content":"#### 12 Powers, privileges and immunities of Legislative Assembly\n\n  The power of the Legislative Assembly conferred by section 6 in relation to the making of laws extends to the making of laws:\n    (a) declaring the powers (other than legislative powers), privileges and immunities of the Legislative Assembly and of its members and committees, but so that the powers, privileges and immunities so declared do not exceed the powers, privileges and immunities for the time being of the House of Representatives, or of the members or committees of that House, respectively; and\n    (b) providing for the manner in which powers, privileges and immunities so declared may be exercised or upheld.","sortOrder":14},{"sectionNumber":"Division 2","sectionType":"division","heading":"Constitution and membership of Legislative Assembly","content":"## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Northern Territory (Self‑Government) Act 1978.\n\n#### 2 Commencement\n\n  (1) Sections 1, 2 and 70 shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act shall come into operation on 1 July 1978.\n\n#### 3 Repeals\n\n  The Acts specified in Schedule 1 are repealed.\n\n#### 4 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Acting Administrator means a person appointed under section 40 to act in the office of Administrator.\n\n> Administrator means the Administrator of the Territory, and includes an Acting Administrator.\n\n> Council means the Executive Council of the Northern Territory of Australia.\n\n> enactment means:\n\n    (a) a law (however described or entitled) passed by the Legislative Assembly and assented to under section 7 or 8; or\n    (b) an Ordinance made under the Northern Territory (Administration) Act 1910 and continued in force by this Act;\n  and includes part of any such law or Ordinance.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Legislative Assembly means the Legislative Assembly of the Northern Territory of Australia.\n\n> Ministerial office means an office referred to in section 34.\n\n> Minister of the Territory means a person holding office under section 36.\n\n> Speaker means the Speaker of the Legislative Assembly.\n\n> Territory means the Northern Territory of Australia.\n\n  (2) A reference in this Act to the powers or functions of the Speaker shall be read as including a reference to the powers or functions of the Speaker under any law in force in the Territory.\n\n## Part II—Northern Territory of Australia\n\n#### 5 Establishment of body politic\n\n  The Northern Territory of Australia is hereby established as a body politic under the Crown by the name of the Northern Territory of Australia.\n\n## Part III—Legislative Assembly\n\n### Division 1—Powers of Legislative Assembly\n\n#### 6 Legislative power\n\n  Subject to this Act, the Legislative Assembly has power, with the assent of the Administrator or the Governor‑General, as provided by this Act, to make laws for the peace, order and good government of the Territory.\n\n#### 7 Assent to proposed laws\n\n  (1) Every proposed law passed by the Legislative Assembly shall be presented to the Administrator for assent.\n  (2) Upon the presentation of a proposed law to the Administrator for assent, the Administrator shall, subject to this section, declare:\n    (a) in the case of a proposed law making provision only for or in relation to a matter specified under section 35:\n    (i) that he or she assents to the proposed law; or\n    (ii) that he or she withholds assent to the proposed law; or\n    (b) in any other case:\n    (i) that he or she assents to the proposed law;\n    (ii) that he or she withholds assent to the proposed law; or\n    (iii) that he or she reserves the proposed law for the Governor‑General’s pleasure.\n  (3) The Administrator may return the proposed law to the Legislative Assembly with amendments that he or she recommends.\n  (4) The Legislative Assembly shall consider the amendments recommended by the Administrator and the proposed law, with those or any other amendments or without amendments, may be again presented to the Administrator for assent, and subsection (2) applies accordingly.\n\n#### 8 Signification of pleasure on proposed law reserved\n\n  (1) Where the Administrator reserves a proposed law for the Governor‑General’s pleasure, the Governor‑General shall, subject to this section, declare:\n    (a) that he or she assents to the proposed law;\n    (b) that he or she withholds assent to the proposed law; or\n    (c) that he or she withholds assent to part of the proposed law and assents to the remainder of the proposed law.\n  (2) The Governor‑General may return the proposed law to the Administrator with amendments that he or she recommends.\n  (3) The Legislative Assembly shall consider the amendments recommended by the Governor‑General and the proposed law, with those or any other amendments or without amendments, may be again presented to the Administrator for assent, and subsection 7(2) applies accordingly.\n  (4) Where the Governor‑General makes a declaration in respect of a proposed law in accordance with subsection (1), the Administrator shall, as soon as practicable after the declaration is made, cause to be published in the Government Gazette of the Territory a notice of the declaration.\n  (5) The assent of the Governor‑General to a proposed law or part of a proposed law is of no effect until notification of the Governor‑General’s declaration in respect of the proposed law is published in the Government Gazette of the Territory.\n\n#### 10 Reason for withholding assent etc. to be tabled in Legislative Assembly\n\n  Where the Administrator withholds assent to a proposed law, or the Governor‑General withholds assent to a proposed law or part of a proposed law, a message of the Administrator stating the reasons for the withholding of assent shall be laid before the Legislative Assembly within 6 sitting days of the Legislative Assembly after the date on which the assent was withheld.\n\n#### 11 Proposal of money votes\n\n  An enactment, vote, resolution or question, the effect of which is to dispose of or charge any revenues, loans or other moneys received by the Territory, shall not be proposed in the Legislative Assembly unless the purpose for which such revenues, loans or other moneys are to be disposed of or charged by reason of the enactment, vote, resolution or question, as the case may be, has in the same session been recommended by message of the Administrator to the Legislative Assembly.\n\n#### 12 Powers, privileges and immunities of Legislative Assembly\n\n  The power of the Legislative Assembly conferred by section 6 in relation to the making of laws extends to the making of laws:\n    (a) declaring the powers (other than legislative powers), privileges and immunities of the Legislative Assembly and of its members and committees, but so that the powers, privileges and immunities so declared do not exceed the powers, privileges and immunities for the time being of the House of Representatives, or of the members or committees of that House, respectively; and\n    (b) providing for the manner in which powers, privileges and immunities so declared may be exercised or upheld.\n\n### Division 2—Constitution and membership of Legislative Assembly\n\n#### 13 Legislative Assembly\n\n  (1) There shall be a Legislative Assembly of the Northern Territory of Australia.\n  (2) The Legislative Assembly shall consist of such number of members as is provided by enactment.\n  (3) Subject to this Act, the members of the Legislative Assembly shall be elected as provided by enactment.\n  (4) For the purposes of the election of members of the Legislative Assembly, the Territory shall be distributed into as many electoral divisions as there are members to be elected, and a quota shall be calculated by dividing the whole number of electors in the Territory, as nearly as can be ascertained, by the number of members to be elected.\n  (5) For the purposes of subsection (4), each electoral division shall contain a number of electors not exceeding, or falling short of, the quota calculated under that subsection by more than one‑fifth of the quota.\n  (6) A member of the Legislative Assembly shall, before taking his or her seat, make and subscribe an oath or affirmation of allegiance in the form in Schedule 2 and also an oath or affirmation of office in the form in Schedule 3.\n  (7) An oath or affirmation under subsection (6) shall be made before the Administrator or a person authorized by the Administrator to administer such oaths or affirmations.\n\n#### 14 Qualifications of electors\n\n  (1) Subject to subsection (2), all persons who are, under the Commonwealth Electoral Act 1918, qualified to vote at an election of a member of the House of Representatives for the Northern Territory, shall be qualified to vote at an election of members of the Legislative Assembly.\n  (2) Subsection (1) does not apply to persons who are qualified to vote at an election of a member of the House of Representatives for the Northern Territory by reason only of the amendments of the Commonwealth Electoral Act 1918 made by the provisions of Part II of the Cocos (Keeling) Islands Self‑Determination (Consequential Amendments) Act 1984 or by the provisions of Part III of the Christmas Island Administration (Miscellaneous Amendments) Act 1984.\n\n#### 15 Writs for elections\n\n  Writs for the election of members of the Legislative Assembly shall be issued by the Administrator.\n\n#### 16 Term of office of member\n\n  Subject to this Act, the term of office of a member of the Legislative Assembly commences on the date of his or her election and ends immediately before the date of the next general election of members of the Legislative Assembly.\n\n#### 17 Dates of elections\n\n  (1) A general election of members of the Legislative Assembly shall be held on a date determined by the Administrator.\n  (2) The period from the first meeting of the Legislative Assembly after a general election of members of the Assembly to the date of the next succeeding general election shall not be more than 4 years.\n\n#### 18 Resignation of members of Legislative Assembly\n\n  A member of the Legislative Assembly may resign his or her office by writing signed by him or her and delivered to the Speaker or, if there is no Speaker or the Speaker is absent from the Territory, to the Administrator, and on the receipt of the resignation by the Speaker or the Administrator, as the case may be, his or her office shall become vacant.\n\n#### 19 Filling of casual vacancy\n\n  Where a casual vacancy occurs in the office of a member of the Legislative Assembly less than 3 years and 6 months after the first meeting of the Assembly following the last preceding general election, an election shall be held in the electoral division in respect of which the vacancy occurred for the purpose of filling the vacant office for the remainder of the term of office of the member who last held that office.\n\n#### 20 Qualifications for election\n\n  Subject to section 21, a person is qualified to be a candidate for election as a member of the Legislative Assembly if, at the date of nomination:\n    (a) he or she is an Australian citizen;\n    (b) he or she has attained the age of 18 years;\n    (c) he or she is entitled, or qualified to become entitled, to vote at elections of members of the Legislative Assembly; and\n    (d) he or she has been resident within the Commonwealth for at least 6 months and within the Territory for at least 3 months.\n\n#### 21 Disqualifications for membership of Legislative Assembly\n\n  (1) A person is not qualified to be a candidate for election as a member of the Legislative Assembly if, at the date of nomination:\n    (a) he or she:\n    (i) holds an office or appointment (other than a prescribed office or appointment) under a law of the Commonwealth (including this Act) or a law of a State or Territory; or\n    (ii) not being the holder of any office or appointment under such a law, is employed by the Commonwealth, by a State or Territory or by a body corporate established for a public purpose by such a law;\n    and he or she is entitled to any remuneration or allowance (other than reimbursement of expenses reasonably incurred) in respect of that office, appointment or employment;\n    (b) he or she is an undischarged bankrupt; or\n    (c) he or she has been convicted and is under sentence of imprisonment for one year or longer for an offence against the law of the Commonwealth or of a State or Territory.\n  (1A) In subparagraph (1)(a)(i), prescribed office or appointment means:\n    (a) the office of member of the Legislative Assembly, member of the Council, Minister of the Territory or Speaker of the Legislative Assembly; or\n    (b) an appointment under section 25 or 26.\n  (2) A member of the Legislative Assembly vacates his or her office if:\n    (a) he or she becomes a person to whom any of the paragraphs of subsection (1) applies;\n    (b) he or she ceases to be an Australian citizen;\n    (c) he or she fails to attend the Legislative Assembly for 3 consecutive sitting days of the Assembly without the permission of the Assembly;\n    (d) he or she ceases to be entitled, or qualified to become entitled, to vote at elections of members of the Legislative Assembly; or\n    (e) he or she takes or agrees to take, directly or indirectly, any remuneration, allowance or honorarium for services rendered in the Legislative Assembly, otherwise than in accordance with an enactment that provides for remuneration and allowances to be paid to persons in respect of their services as members of the Legislative Assembly, members of the Executive Council or Ministers of the Territory.\n  (3) A member of the Legislative Assembly who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Territory under which goods or services are to be supplied to the Territory shall not take part in a discussion of a matter, or vote on a question, in the Legislative Assembly where the matter or question relates directly or indirectly to that contract.\n  (4) Any question concerning the application of subsection (3) shall be decided by the Legislative Assembly, and a contravention of that subsection does not affect the validity of anything done by the Legislative Assembly.\n\n### Division 3—Procedure of Legislative Assembly\n\n#### 22 Sessions of Legislative Assembly\n\n  (1) The Administrator may, by notice published in the Government Gazette of the Territory, appoint such times for holding the sessions of the Legislative Assembly as he or she thinks fit and may also, from time to time, in like manner, prorogue the Legislative Assembly.\n  (2) At the request of such number of members of the Legislative Assembly as is prescribed by enactment, the Administrator shall, by notice published in the Government Gazette of the Territory, appoint a time, being not later than 14 days after the day on which he or she receives the request, for holding a session of the Legislative Assembly.\n\n#### 23 Quorum\n\n  The number of members necessary to constitute a meeting of the Legislative Assembly for the exercise and performance of its powers and functions shall be as prescribed by enactment.\n\n#### 24 Election of Speaker\n\n  (1) The Legislative Assembly shall, before proceeding to the despatch of any other business, choose a member of the Legislative Assembly to be the Speaker of the Legislative Assembly and, as often as the office of Speaker becomes vacant, the Legislative Assembly shall again choose a member to be the Speaker.\n  (2) The Speaker continues to hold his or her office until:\n    (a) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her election under subsection (1);\n    (b) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator;\n    (c) he or she ceases to be a member of the Legislative Assembly otherwise than by reason of the dissolution of the Legislative Assembly; or\n    (d) he or she is removed from office by the Legislative Assembly;\n  whichever first happens.\n\n#### 25 Acting Speaker—appointment by Legislative Assembly\n\n  (1) Before or during any absence of the Speaker, or during any inability of the Speaker, for any reason, to exercise the powers or perform the functions of the Speaker, the Legislative Assembly may appoint a member to exercise those powers and perform those functions during the absence or inability of the Speaker.\n  (2) A reference in this Act or in any other law in force in the Territory to the Speaker shall be read as including a reference to a person appointed under subsection (1).\n  (3) An appointment under subsection (1) remains in force until:\n    (a) the absence or inability of the Speaker ceases;\n    (b) the appointment is revoked by the Legislative Assembly;\n    (c) the person appointed resigns his or her appointment by writing signed by him or her and delivered to the Administrator;\n    (d) the person appointed ceases to be a member of the Legislative Assembly otherwise than by reason of the dissolution of the Legislative Assembly; or\n    (e) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after the appointment takes effect;\n  whichever first happens.\n\n#### 26 Acting Speaker—appointment by Administrator\n\n  (1) Where:\n    (a) the office of Speaker has become vacant and the Legislative Assembly has not chosen another Speaker to fill the vacancy;\n    (b) the Speaker is absent or is unable, for any reason, to exercise the powers or perform the functions of the Speaker and the Legislative Assembly has not appointed a person under subsection 25(1);\n    (c) the appointment of a person under subsection 25(1) has ceased to be in force, otherwise than by reason of the absence or inability of the Speaker ceasing, and the Legislative Assembly has not appointed another member under that subsection; or\n    (d) a person appointed under subsection 25(1) is absent or is unable, for any reason, to exercise the powers or perform the functions of the Speaker and the Legislative Assembly has not appointed another person under that subsection;\n  the Administrator may, by instrument in writing, appoint a member of the Legislative Assembly to exercise the powers and perform the functions of the Speaker.\n  (2) A reference in this Act or in any other law in force in the Territory to the Speaker shall be read as including a reference to a person appointed under subsection (1).\n  (3) An appointment under subsection (1) remains in force until:\n    (a) the next meeting of the Legislative Assembly is held;\n    (b) the Administrator, by instrument in writing, revokes the appointment;\n    (c) the person appointed resigns his or her appointment by writing signed by him or her and delivered to the Administrator;\n    (d) the person appointed ceases to be a member of the Legislative Assembly otherwise than by reason of the dissolution of the Legislative Assembly;\n    (e) in the case of the absence or inability of the Speaker—that absence or inability ceases; or\n    (f) in the case of the absence or inability of a person appointed under subsection 25(1)—that absence or inability ceases or, if the absence or inability of the Speaker ceases before the absence or inability of that person ceases, the absence or inability of the Speaker ceases;\n  whichever first happens.\n\n#### 27 Voting in Legislative Assembly\n\n  (1) Questions arising in the Legislative Assembly shall be determined by a majority of votes.\n  (2) Subject to subsection 21(3), the Speaker or other member presiding at any meeting of the Legislative Assembly shall in all cases be entitled to vote and shall also, where there is an equality of votes on any question, have a casting vote.\n\n#### 28 Validation of acts of Legislative Assembly\n\n  Where a person who has, whether before or after the commencement of this section, purported to sit or vote as a member of the Legislative Assembly at a meeting of the Legislative Assembly or of a Committee of the Legislative Assembly:\n    (a) was not a duly elected member by reason of his or her not having been qualified for election or of any other defect in his or her election; or\n    (b) had vacated his or her office as a member;\n  all things done or purporting to have been done by the Legislative Assembly or that Committee shall be deemed to be as validly done as if that person had, when so sitting or voting, been a duly elected member of the Legislative Assembly, or had not vacated his or her office, as the case may be.\n\n#### 29 Minutes of proceedings\n\n  (1) The Legislative Assembly shall cause minutes of its proceedings to be kept.\n  (2) A copy of any minutes so kept shall, on request made by any person, be made available for inspection by him or her or, on payment of such fee as is fixed by or under enactment, be supplied to him or her.\n\n#### 30 Standing rules and orders\n\n  The Legislative Assembly may make standing rules and orders, not inconsistent with a law of the Territory, with respect to the order and conduct of its business and proceedings.\n\n## Part IV—The Administration\n\n#### 31 Extent of executive power\n\n  The duties, powers, functions and authorities of the Administrator, the Executive Council and the Ministers of the Territory imposed or conferred by or under this Part extend to the execution and maintenance of this Act and the laws of the Territory and to the exercise of the prerogatives of the Crown so far as they relate to those duties, powers, functions and authorities.\n\n#### 32 Office of Administrator\n\n  (1) There shall be an Administrator of the Territory, who shall be appointed by the Governor‑General by Commission under the Seal of Australia and shall hold office during the pleasure of the Governor‑General.\n  (2) The Administrator is charged with the duty of administering the government of the Territory.\n  (3) Subject to this Act, the Administrator shall exercise and perform all powers and functions that belong to his or her office, or that are conferred on him or her by or under a law in force in the Territory, in accordance with the tenor of his or her Commission and (in the case of powers and functions other than powers and functions relating to matters specified under section 35 and powers and functions under sections 34 and 36) in accordance with such instructions as are given to him or her by the Minister.\n\n#### 33 The Executive Council\n\n  (1) There shall be an Executive Council of the Northern Territory of Australia to advise the Administrator in the government of the Territory in relation to matters in respect of which the Ministers of the Territory have executive authority under section 35.\n  (2) The Council shall consist of the persons for the time being holding Ministerial office.\n  (3) The Administrator is entitled to attend all meetings of the Council, and shall preside at all meetings at which he or she is present.\n  (4) The Administrator may introduce into the Council any matter for discussion in the Council.\n  (5) Meetings of the Council shall be convened by the Administrator and not otherwise.\n  (6) Subject to the preceding provisions of this section and to any provision made by the regulations, the procedure of the Council shall be as the Council determines.\n\n#### 34 Ministerial offices\n\n  There shall be such number of offices of Minister of the Territory, having such respective designations, as the Administrator from time to time determines.\n\n#### 35 Transfer of functions to Executive\n\n  The regulations may specify the matters in respect of which the Ministers of the Territory are to have executive authority.\n\n#### 36 Appointment of Ministers\n\n  The Administrator may appoint a member of the Legislative Assembly to a Ministerial Office, and may, at any time, terminate the appointment.\n\n#### 37 Tenure of office\n\n  The appointment of a person to a Ministerial office takes effect on the day specified in the instrument of appointment and terminates when:\n    (a) he or she ceases, by reason of his or her resignation or by reason of the provisions of section 21, to be a member of the Legislative Assembly;\n    (b) his or her appointment is terminated by the Administrator;\n    (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator and the resignation is accepted by the Administrator; or\n    (d) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after the appointment takes effect.\n\n#### 38 Oath to be taken by Member of Council and Minister\n\n  (1) A member of the Council shall, before entering on the duties of his or her office, make and subscribe an oath or affirmation in accordance with the form in Schedule 4.\n  (2) A person who is appointed to a Ministerial office shall, before entering on the duties of his or her office, make and subscribe an oath or affirmation in accordance with the form in Schedule 5.\n  (3) An oath or affirmation under subsection (1) or (2) shall be made before the Administrator or a person authorized by the Administrator to administer such oaths or affirmations.\n\n#### 40 Acting Administrator\n\n  (1) The Governor‑General may, by Commission under the Seal of Australia, appoint one or more persons to act in the office of Administrator and to administer the government of the Territory during any vacancy in the office of Administrator or whenever the Administrator is absent from duty or from the Territory or is, for any other reason, unable to exercise and perform the powers and functions of his or her office.\n  (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.\n  (4) An Acting Administrator administering the government of the Territory has, and may exercise and perform, all the powers and functions of the Administrator.\n  (5) The exercise or performance by an Acting Administrator of the powers or functions of the Administrator during the absence of the Administrator from the Territory does not prevent the exercise or performance by the Administrator of any of those powers or functions.\n  (6) The appointment of an Acting Administrator, and any act done by a person purporting to act under this section, shall not be called in question by reason of any defect or irregularity in or in connexion with his or her appointment or on the ground that the occasion for his or her so acting had not arisen or had ceased.\n\n#### 41 Deputies of Administrator\n\n  (1) The Administrator may appoint a person, or persons jointly or severally, to be the deputy or deputies of the Administrator in the Territory, or a part of the Territory, and in that capacity to exercise during the pleasure of the Administrator such powers and functions of the Administrator as he or she assigns to the deputy or deputies.\n  (2) The appointment of a deputy does not affect the exercise of a power or performance of a function by the Administrator.\n\n#### 42 Oath to be taken by Administrator etc.\n\n  (1) The Administrator, and Acting Administrator or a deputy of the Administrator shall, before entering on the duties of his or her office, make and subscribe an oath or affirmation of allegiance in the form in Schedule 2 and also an oath or affirmation of office in the form in Schedule 6.\n  (2) An oath or affirmation under this section shall be made before the Governor‑General, a Judge of the Supreme Court of the Northern Territory of Australia or a person authorized by the Governor‑General to administer the oath or affirmation.\n\n## Part V—Finance\n\n#### 43 Interpretation\n\n  In this Part:\n\n> public moneys of the Territory means revenues, loans and other moneys received by the Territory.\n\n> Territory authority means a body corporate established for a public purpose by or under an enactment, being an authority that is empowered by enactment to borrow moneys.\n\n#### 44 Public moneys\n\n  (1) The public moneys of the Territory shall be available to defray the expenditure of the Territory.\n  (2) The receipt, expenditure and control of public moneys of the Territory shall be regulated as provided by enactment.\n\n#### 45 Withdrawals of public moneys\n\n  (1) No public moneys of the Territory shall be issued or expended except as authorized by enactment.\n  (2) The public moneys of the Territory may be invested in such manner as is provided by enactment.\n\n#### 46 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 the Finance Minister, in writing, determines.\n\n#### 48 Commonwealth Auditor‑General may audit Territory accounts\n\n  It is lawful for the Auditor‑General for the Commonwealth to accept appointment as auditor under any enactment relating to the audit of the accounts of the Territory or the audit of the accounts of a body corporate established for a public purpose by or under any other enactment.\n\n## Part VI—Miscellaneous\n\n#### 49 Trade and commerce with States to be free\n\n  Trade, commerce and intercourse between the Territory and the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.\n\n#### 50 Acquisition of property to be on just terms\n\n  (1) The power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of laws with respect to the acquisition of property otherwise than on just terms.\n  (2) Subject to section 70, the acquisition of any property in the Territory which, if the property were in a State, would be an acquisition to which paragraph 51(xxxi) of the Constitution would apply, shall not be made otherwise than on just terms.\n\n#### 51 Acts that bind States to bind Northern Territory\n\n  (1) Where 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, by force of this subsection, binds the Territory or the Crown in right of the Territory, unless that Act specifically provides otherwise.\n  (2) Nothing in subsection (1) shall be taken to affect the application of any law of the Commonwealth in and in relation to the Territory otherwise than as provided in that subsection.\n\n#### 53 Application of Fair Work Act 2009\n\n  (3) Until provision to the contrary is made by an Act, the powers of the Fair Work Commission do not extend to employment in respect of which a tribunal established by an enactment before 1 July 1978 has power to hear and determine disputes, claims or matters relating to the terms and conditions of the employment.\n  (4) Provision may be made by enactment for a member of the Fair Work Commission to constitute, or to be a member of, a tribunal established by an enactment before 1 July 1978, and nothing in this section or the Fair Work Act 2009 prevents a member of the Fair Work Commission from accepting appointment or performing duties as, or as a member of, such a tribunal.\n  (5) The power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of a law conferring on any court, tribunal, board, body, person or other authority any power in relation to the hearing and determining of disputes, claims or matters relating to terms and conditions of employment.\n  (6) Subsection (5) does not prevent the making of:\n    (a) a law conferring the power to make determinations by way of the ascertainment of rights or obligations conferred or imposed on persons by law; or\n    (b) a law conferring power on the Public Service Commissioner of the Territory, on a body established by enactment, or on the holder of an office established by enactment, to make determinations by way of the fixing of terms and conditions of employment of persons employed in the Public Service of the Territory or employed by that body or by the holder of that office, as the case may be.\n\n> Note: See section 40 of the Fair Work Act 2009 and regulations made under subsection (2) of that section for the interaction between determinations made under paragraph (6)(b) of this section and fair work instruments (within the meaning of that Act).\n\n#### 54 Power to confer jurisdiction on Remuneration Tribunal in relation to members etc.\n\n  (1) Provision may be made by enactment to confer on the Remuneration Tribunal established by the Remuneration Tribunal Act 1973 the function of inquiring into, and reporting on or determining, remuneration and allowances to be paid, and other entitlements to be granted, to persons in respect of their services as members of the Legislative Assembly, members of the Executive Council and Ministers of the Territory.\n  (2) Nothing in subsection (1) shall be taken to limit the power to make other provision by enactment for and in relation to remuneration, allowances and other entitlements referred to in that subsection.\n\n#### 55 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n## Part VII—Transitional provisions\n\n#### 56 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> commencing date means 1 July 1978.\n\n> existing Legislative Assembly means the Legislative Assembly established by section 4 of the previous Act.\n\n> instrument includes rules, regulations or by‑laws.\n\n> interest includes any right, title, estate, power, privilege, claim, demand, charge, lien or encumbrance, whether at law or in equity.\n\n> Ordinance means an Ordinance made under the previous Act.\n\n> previous Act means the Northern Territory (Administration) Act 1910.\n\n#### 57 Continuance of laws\n\n  (1) Subject to this Act, on and after the commencing date, all existing laws of the Territory have the same operation as they would have had if this Act had not been enacted, subject to alteration or repeal by or under enactment.\n  (2) Where any existing law of the Territory, the operation of which is preserved by 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, in the Governor of that State with the advice of his or her Executive Council or in any authority of that State shall, in relation to the Territory, be vested in and exercised or performed by the Administrator, the Administrator acting with the advice of the Council or the authority exercising similar powers and functions in the Territory, as the case may be, or as the Administrator directs.\n  (3) In this section, existing law of the Territory means:\n    (a) any law in force in the Territory immediately before the commencing date, other than an Act or an instrument (not being an Ordinance or an instrument made under an Ordinance) made under an Act; or\n    (b) an Ordinance, or an instrument under an Ordinance, in force immediately before the commencing date or made and assented to before that date but not in force before that date.\n\n#### 58 Administrator etc. to continue in office\n\n  (1) Where, immediately before the commencing date, a person holds office by virtue of a provision of the previous Act as the Administrator, an Acting Administrator or a deputy Administrator, he or she continues on and after that date, but subject to this Act, to hold office for the remainder of his or her term of office as if he or she had been appointed under the corresponding provision of this Act, and any instrument by which his or her appointment was made continues in force accordingly.\n  (2) Section 42 does not apply for the purposes of the continuance in office of a person by virtue of subsection (1) of this section.\n\n#### 59 Legislative Assembly etc. to continue\n\n  (1) Notwithstanding the repeal of the previous Act, but subject to this Act, until the day of the first general election of members of the Legislative Assembly after the commencing date:\n    (a) the existing Legislative Assembly continues in existence and shall, for the purposes of this Act, be deemed to be the Legislative Assembly referred to in section 13;\n    (b) the members of the existing Legislative Assembly holding office immediately before the commencing date continue to hold office; and\n    (c) the Speaker holding office immediately before the commencing date continues to hold office.\n  (2) Notwithstanding subsection 17(2) of this Act and the repeal of the previous Act, until the day of the first general election of members of the Legislative Assembly after the commencing date, subsections 4G(2) and (3) of the previous Act shall be deemed to continue in force in relation to the existing Legislative Assembly.\n  (3) Notwithstanding the repeal of the previous Act, the standing rules and orders of the existing Legislative Assembly in force immediately before the commencing date continue in force, but may be altered or repealed in accordance with this Act.\n  (4) Until provision is made by enactment for the purposes of subsection 13(2), the Legislative Assembly consists of 19 members.\n  (5) Subsection 13(6) does not apply for the purposes of the continuance in office of a member of the existing Legislative Assembly by virtue of subsection (1) of this section.\n\n#### 60 Functions performed by Legislative Assembly and Executive Council\n\n  An act done or decision made by, on behalf of, or in the name of, the existing Legislative Assembly or the Executive Council under the previous Act before the commencing date has effect on and after that date as if it had been done or made by, on behalf of, or in the name of, the Legislative Assembly or the Executive Council under this Act.\n\n#### 61 Functions performed by specified persons\n\n  An act done or decision made by, on behalf of, or in the name of, a person under a provision of the previous Act before the commencing date has effect on and after that date as if it had been done or made by, on behalf of, or in the name of, the appropriate person under the corresponding provision of this Act.\n\n#### 63 Sessions of Legislative Assembly\n\n  Until provision is made by enactment for the purposes of subsection 22(2), the number of members of the Legislative Assembly required for the purposes of that subsection is 10.\n\n#### 64 Quorum\n\n  Until provision is made by enactment for the purposes of section 23, the number of members of the Legislative Assembly required for the purposes of that section is 10.\n\n#### 65 Remuneration and allowances\n\n  Notwithstanding the repeal of the previous Act, until a person receives remuneration, allowances and other entitlements in accordance with an enactment, he or she shall receive in respect of his or her services as a member of the Legislative Assembly, a member of the Council or a Minister of the Territory, as the case may be, remuneration, allowances and other entitlements in accordance with the relevant determination by the Remuneration Tribunal in force immediately before the commencing date, and paragraph 21(2)(e) does not apply in relation to remuneration, allowances and other entitlements so received.\n\n#### 66 Ordinances made but not assented to before commencing date\n\n  (1) An Ordinance made by the existing Legislative Assembly before the commencing date but not assented to before that date (other than an Ordinance to which subsection (2) applies) shall, for the purposes of this Act, be deemed to be a proposed law passed by the Legislative Assembly under this Act.\n  (2) Where, before the commencing date, the Administrator had, in accordance with section 4V or 4W of the previous Act, reserved an Ordinance for the Governor‑General’s pleasure and the Governor‑General had not made a declaration under subsection 4X(1) of that Act in relation to the Ordinance, the Ordinance shall, for the purposes of this Act, be deemed to be a proposed law passed by the Legislative Assembly under this Act and to have been reserved for the Governor‑General’s pleasure in accordance with section 7 of this Act.\n\n#### 67 References in other laws\n\n  In any law of the Commonwealth or of the Territory or any instrument having effect under such a law (including a law or instrument that came into operation before the commencing date), except so far as the context otherwise requires:\n    (a) a reference, however expressed, to the Legislative Assembly for the Territory shall be read as a reference to the Legislative Assembly of the Northern Territory of Australia;\n    (b) a reference, however expressed, to an Ordinance shall be read as including a reference to an enactment;\n    (c) a reference, however expressed, to the Executive Council established by the previous Act shall be read as including a reference to the Executive Council of the Northern Territory of Australia; and\n    (d) a reference, however expressed, to a person holding office under a provision of the previous Act shall be read as including a reference to a person holding office under the corresponding provision of this Act.\n\n#### 68 Certain provisions of previous Act to continue to operate\n\n  Notwithstanding the repeal of the previous Act, the provisions of sections 11, 12, 13, 14, 15, 16, 19, 19A and 20 of the previous Act continue to have effect, by virtue of this Act and except so far as they are inconsistent with a provision of this Act, as if that Act had not been repealed.\n\n#### 69 Transfers of property etc.\n\n  (1) In this section:\n\n> mineral means a naturally occurring substance or mixture of substances, whether in a solid, liquid or gaseous state.\n\n> personal property does not include:\n\n    (a) money;\n    (b) things in action (other than rights in relation to inventions, trade marks or designs); or\n    (c) leasehold interests in land.\n  (2) All interests of the Commonwealth in land in the Territory, other than interests referred to in subsection (5), are, by force of this section, vested in the Territory on the commencing date.\n  (3) All interests in land in the Territory held from the Commonwealth immediately before the commencing date are, by force of this section, held from the Territory on and after that date on the same terms and conditions as those on which they were held from the Commonwealth.\n  (4) All interests of the Commonwealth in respect of minerals in the Territory (other than prescribed substances within the meaning of the Atomic Energy Act 1953 and the regulations made under that Act and in force immediately before the commencing date) are, by force of this section, vested in the Territory on that date.\n  (5) On, or as soon as practicable after, the date when a matter is specified under section 35, the Minister shall transfer or cause to be transferred to the Territory:\n    (a) all interests held by the Commonwealth immediately before that date in land in the Territory, being:\n    (i) interests under easements, rights of way or mortgages; or\n    (ii) interests as lessee or sub‑lessee; and\n    (b) all personal property held by the Commonwealth immediately before that date;\n  being interests and property that, in the opinion of the Minister, were so held for the purposes of the Commonwealth in connexion with that matter.\n  (6) Where an interest is transferred to the Territory under paragraph (5)(a), being an interest derived from a contract, the Territory is, by force of this section, substituted for the Commonwealth as a party to the contract.\n  (7) The Commonwealth is not liable to pay to the Territory any duties, fees or other charges in respect of anything done under subsection (5).\n\n#### 70 Acquisition of certain land etc.\n\n  (1) The Minister may, from time to time, recommend to the Governor‑General that any interest in land vested or to be vested in the Territory by subsection 69(2) (including an interest less than, or subsidiary to, such an interest) be acquired from the Territory by the Commonwealth under this section.\n  (2) The Governor‑General may, on the recommendation of the Minister under subsection (1), authorize the acquisition of the interest for a public purpose approved by the Governor‑General.\n  (3) The Minister may cause to be published in the Gazette notice of the authorization by the Governor‑General and, in the notice, declare that the interest is acquired under this section for the public purpose approved by the Governor‑General.\n  (4) Upon publication of the notice in the Gazette or immediately after the commencement of section 69, whichever is the later, the interest to which the notice relates is, by force of this section:\n    (a) vested in the Commonwealth; and\n    (b) freed and discharged from any restriction, dedication or reservation made by or under any enactment (not being an interest to which subsection (6) applies);\n  to the intent that the legal estate in the interest, and all rights and powers incident to that estate or conferred by the Lands Acquisition Act 1989 in relation to that estate, are vested in the Commonwealth.\n  (5) An interest that may be acquired under this section may be an interest that did not previously exist as such.\n  (6) Upon the acquisition of an interest by the Commonwealth under this section, all interests that were held from the Territory immediately before the acquisition, being interests derived from the first‑mentioned interest, are, by force of this section, held from the Commonwealth on the same terms and conditions as those on which they were held from the Territory.\n  (7) The Secretary of the Department shall lodge with the registrar of titles of the Territory a copy of a notice published under this section, certified by writing signed by the Secretary.\n  (8) Upon the lodgment of a copy of a notice in accordance with subsection (7), the registrar of titles shall register the acquisition to which the notice relates in the manner as nearly as may be in which dealings with land are registered, and shall deal with and give effect to the copy of the notice as if it were a grant, conveyance, memorandum or instrument of transfer of the land or interest, as the case may be, to the Commonwealth duly executed under the laws in force in the Territory.\n  (9) The Commonwealth is not liable to pay to the Territory:\n    (a) any compensation in respect of an acquisition made under this section; or\n    (b) any duties, fees or other charges in respect of anything done under subsection (7) or (8).\n  (10) A notice shall not be published under this section after the expiration of one year after the commencing date.\n  (11) Where subsection (4) has effect in relation to an interest in land, that subsection has the like effect in relation to any interest vested in the Territory by subsection 69(4) in respect of minerals in or on that land.\n  (12) This section has effect despite anything contained in the Lands Acquisition Act 1989.\n\n#### 71 Contracts\n\n  (1) The regulations may make provision for and in relation to:\n    (a) the substitution of the Territory for the Commonwealth as a party to a prescribed contract or a contract included in a class of prescribed contracts; and\n    (b) matters arising from, connected with or consequential upon any such substitution.\n  (2) In subsection (1), prescribed contract means a contract:\n    (a) which was subsisting immediately before the commencing date or was entered into on or after that date and before the date of commencement of the Northern Territory (Self‑Government) Amendment Act 1982;\n    (b) to which the Commonwealth is a party; and\n    (c) which relates to a matter specified under section 35;\n  other than a contract referred to in subsection 69(6).\n\n#### 72 Commonwealth to indemnify Territory\n\n  (1) The Commonwealth shall indemnify the Territory, and keep the Territory indemnified, against any action, claim or demand brought or made against the Territory in respect of any act done or omitted to be done by or on behalf of the Commonwealth, being an action, claim or demand that, but for the operation of this Act, could be brought or made against the Commonwealth.\n  (2) The indemnification under subsection (1) extends to damages, expenses and costs arising from, connected with or consequential upon an action, claim or demand referred to in that subsection.\n\n#### 73 Validity of Ordinances\n\n  For the avoidance of doubt, it is hereby declared that an Ordinance made by the existing Legislative Assembly under the previous Act (including an Ordinance that was not assented to before the commencing date) is as valid as if it had been passed by the Legislative Assembly under this Act.\n\n#### 74 Agency arrangements\n\n  The Minister may arrange with the Administrator for the Territory to perform functions on behalf of the Commonwealth or for the Commonwealth to perform functions on behalf of the Territory.\n\n#### 75 Regulations\n\n  (1) With the consent of the Administrator for the Territory acting with the advice of the Council, the regulations may make provision (including provision by way of modifications and adaptations of any Act) for and in relation to any matter arising from, consequential upon or otherwise connected with the establishment of the Territory as a body politic under the Crown.\n  (2) The power to make regulations under subsection (1) extends to the making of regulations expressed to take effect on and from a date earlier than the date of the making of the regulations, not being a date earlier than the commencing date.\n  (3) Regulations shall not be made under this section after 30 June 1979.","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Legislative Assembly","content":"#### 13 Legislative Assembly\n\n  (1) There shall be a Legislative Assembly of the Northern Territory of Australia.\n  (2) The Legislative Assembly shall consist of such number of members as is provided by enactment.\n  (3) Subject to this Act, the members of the Legislative Assembly shall be elected as provided by enactment.\n  (4) For the purposes of the election of members of the Legislative Assembly, the Territory shall be distributed into as many electoral divisions as there are members to be elected, and a quota shall be calculated by dividing the whole number of electors in the Territory, as nearly as can be ascertained, by the number of members to be elected.\n  (5) For the purposes of subsection (4), each electoral division shall contain a number of electors not exceeding, or falling short of, the quota calculated under that subsection by more than one‑fifth of the quota.\n  (6) A member of the Legislative Assembly shall, before taking his or her seat, make and subscribe an oath or affirmation of allegiance in the form in Schedule 2 and also an oath or affirmation of office in the form in Schedule 3.\n  (7) An oath or affirmation under subsection (6) shall be made before the Administrator or a person authorized by the Administrator to administer such oaths or affirmations.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Qualifications of electors","content":"#### 14 Qualifications of electors\n\n  (1) Subject to subsection (2), all persons who are, under the Commonwealth Electoral Act 1918, qualified to vote at an election of a member of the House of Representatives for the Northern Territory, shall be qualified to vote at an election of members of the Legislative Assembly.\n  (2) Subsection (1) does not apply to persons who are qualified to vote at an election of a member of the House of Representatives for the Northern Territory by reason only of the amendments of the Commonwealth Electoral Act 1918 made by the provisions of Part II of the Cocos (Keeling) Islands Self‑Determination (Consequential Amendments) Act 1984 or by the provisions of Part III of the Christmas Island Administration (Miscellaneous Amendments) Act 1984.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Writs for elections","content":"#### 15 Writs for elections\n\n  Writs for the election of members of the Legislative Assembly shall be issued by the Administrator.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Term of office of member","content":"#### 16 Term of office of member\n\n  Subject to this Act, the term of office of a member of the Legislative Assembly commences on the date of his or her election and ends immediately before the date of the next general election of members of the Legislative Assembly.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Dates of elections","content":"#### 17 Dates of elections\n\n  (1) A general election of members of the Legislative Assembly shall be held on a date determined by the Administrator.\n  (2) The period from the first meeting of the Legislative Assembly after a general election of members of the Assembly to the date of the next succeeding general election shall not be more than 4 years.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Resignation of members of Legislative Assembly","content":"#### 18 Resignation of members of Legislative Assembly\n\n  A member of the Legislative Assembly may resign his or her office by writing signed by him or her and delivered to the Speaker or, if there is no Speaker or the Speaker is absent from the Territory, to the Administrator, and on the receipt of the resignation by the Speaker or the Administrator, as the case may be, his or her office shall become vacant.","sortOrder":21},{"sectionNumber":"19","sectionType":"section","heading":"Filling of casual vacancy","content":"#### 19 Filling of casual vacancy\n\n  Where a casual vacancy occurs in the office of a member of the Legislative Assembly less than 3 years and 6 months after the first meeting of the Assembly following the last preceding general election, an election shall be held in the electoral division in respect of which the vacancy occurred for the purpose of filling the vacant office for the remainder of the term of office of the member who last held that office.","sortOrder":22},{"sectionNumber":"20","sectionType":"section","heading":"Qualifications for election","content":"#### 20 Qualifications for election\n\n  Subject to section 21, a person is qualified to be a candidate for election as a member of the Legislative Assembly if, at the date of nomination:\n    (a) he or she is an Australian citizen;\n    (b) he or she has attained the age of 18 years;\n    (c) he or she is entitled, or qualified to become entitled, to vote at elections of members of the Legislative Assembly; and\n    (d) he or she has been resident within the Commonwealth for at least 6 months and within the Territory for at least 3 months.","sortOrder":23},{"sectionNumber":"21","sectionType":"section","heading":"Disqualifications for membership of Legislative Assembly","content":"#### 21 Disqualifications for membership of Legislative Assembly\n\n  (1) A person is not qualified to be a candidate for election as a member of the Legislative Assembly if, at the date of nomination:\n    (a) he or she:\n    (i) holds an office or appointment (other than a prescribed office or appointment) under a law of the Commonwealth (including this Act) or a law of a State or Territory; or\n    (ii) not being the holder of any office or appointment under such a law, is employed by the Commonwealth, by a State or Territory or by a body corporate established for a public purpose by such a law;\n    and he or she is entitled to any remuneration or allowance (other than reimbursement of expenses reasonably incurred) in respect of that office, appointment or employment;\n    (b) he or she is an undischarged bankrupt; or\n    (c) he or she has been convicted and is under sentence of imprisonment for one year or longer for an offence against the law of the Commonwealth or of a State or Territory.\n  (1A) In subparagraph (1)(a)(i), prescribed office or appointment means:\n    (a) the office of member of the Legislative Assembly, member of the Council, Minister of the Territory or Speaker of the Legislative Assembly; or\n    (b) an appointment under section 25 or 26.\n  (2) A member of the Legislative Assembly vacates his or her office if:\n    (a) he or she becomes a person to whom any of the paragraphs of subsection (1) applies;\n    (b) he or she ceases to be an Australian citizen;\n    (c) he or she fails to attend the Legislative Assembly for 3 consecutive sitting days of the Assembly without the permission of the Assembly;\n    (d) he or she ceases to be entitled, or qualified to become entitled, to vote at elections of members of the Legislative Assembly; or\n    (e) he or she takes or agrees to take, directly or indirectly, any remuneration, allowance or honorarium for services rendered in the Legislative Assembly, otherwise than in accordance with an enactment that provides for remuneration and allowances to be paid to persons in respect of their services as members of the Legislative Assembly, members of the Executive Council or Ministers of the Territory.\n  (3) A member of the Legislative Assembly who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Territory under which goods or services are to be supplied to the Territory shall not take part in a discussion of a matter, or vote on a question, in the Legislative Assembly where the matter or question relates directly or indirectly to that contract.\n  (4) Any question concerning the application of subsection (3) shall be decided by the Legislative Assembly, and a contravention of that subsection does not affect the validity of anything done by the Legislative Assembly.","sortOrder":24},{"sectionNumber":"Division 3","sectionType":"division","heading":"Procedure of Legislative Assembly","content":"## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Northern Territory (Self‑Government) Act 1978.\n\n#### 2 Commencement\n\n  (1) Sections 1, 2 and 70 shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) The remaining provisions of this Act shall come into operation on 1 July 1978.\n\n#### 3 Repeals\n\n  The Acts specified in Schedule 1 are repealed.\n\n#### 4 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Acting Administrator means a person appointed under section 40 to act in the office of Administrator.\n\n> Administrator means the Administrator of the Territory, and includes an Acting Administrator.\n\n> Council means the Executive Council of the Northern Territory of Australia.\n\n> enactment means:\n\n    (a) a law (however described or entitled) passed by the Legislative Assembly and assented to under section 7 or 8; or\n    (b) an Ordinance made under the Northern Territory (Administration) Act 1910 and continued in force by this Act;\n  and includes part of any such law or Ordinance.\n\n> Finance Minister means the Minister administering the Public Governance, Performance and Accountability Act 2013.\n\n> Legislative Assembly means the Legislative Assembly of the Northern Territory of Australia.\n\n> Ministerial office means an office referred to in section 34.\n\n> Minister of the Territory means a person holding office under section 36.\n\n> Speaker means the Speaker of the Legislative Assembly.\n\n> Territory means the Northern Territory of Australia.\n\n  (2) A reference in this Act to the powers or functions of the Speaker shall be read as including a reference to the powers or functions of the Speaker under any law in force in the Territory.\n\n## Part II—Northern Territory of Australia\n\n#### 5 Establishment of body politic\n\n  The Northern Territory of Australia is hereby established as a body politic under the Crown by the name of the Northern Territory of Australia.\n\n## Part III—Legislative Assembly\n\n### Division 1—Powers of Legislative Assembly\n\n#### 6 Legislative power\n\n  Subject to this Act, the Legislative Assembly has power, with the assent of the Administrator or the Governor‑General, as provided by this Act, to make laws for the peace, order and good government of the Territory.\n\n#### 7 Assent to proposed laws\n\n  (1) Every proposed law passed by the Legislative Assembly shall be presented to the Administrator for assent.\n  (2) Upon the presentation of a proposed law to the Administrator for assent, the Administrator shall, subject to this section, declare:\n    (a) in the case of a proposed law making provision only for or in relation to a matter specified under section 35:\n    (i) that he or she assents to the proposed law; or\n    (ii) that he or she withholds assent to the proposed law; or\n    (b) in any other case:\n    (i) that he or she assents to the proposed law;\n    (ii) that he or she withholds assent to the proposed law; or\n    (iii) that he or she reserves the proposed law for the Governor‑General’s pleasure.\n  (3) The Administrator may return the proposed law to the Legislative Assembly with amendments that he or she recommends.\n  (4) The Legislative Assembly shall consider the amendments recommended by the Administrator and the proposed law, with those or any other amendments or without amendments, may be again presented to the Administrator for assent, and subsection (2) applies accordingly.\n\n#### 8 Signification of pleasure on proposed law reserved\n\n  (1) Where the Administrator reserves a proposed law for the Governor‑General’s pleasure, the Governor‑General shall, subject to this section, declare:\n    (a) that he or she assents to the proposed law;\n    (b) that he or she withholds assent to the proposed law; or\n    (c) that he or she withholds assent to part of the proposed law and assents to the remainder of the proposed law.\n  (2) The Governor‑General may return the proposed law to the Administrator with amendments that he or she recommends.\n  (3) The Legislative Assembly shall consider the amendments recommended by the Governor‑General and the proposed law, with those or any other amendments or without amendments, may be again presented to the Administrator for assent, and subsection 7(2) applies accordingly.\n  (4) Where the Governor‑General makes a declaration in respect of a proposed law in accordance with subsection (1), the Administrator shall, as soon as practicable after the declaration is made, cause to be published in the Government Gazette of the Territory a notice of the declaration.\n  (5) The assent of the Governor‑General to a proposed law or part of a proposed law is of no effect until notification of the Governor‑General’s declaration in respect of the proposed law is published in the Government Gazette of the Territory.\n\n#### 10 Reason for withholding assent etc. to be tabled in Legislative Assembly\n\n  Where the Administrator withholds assent to a proposed law, or the Governor‑General withholds assent to a proposed law or part of a proposed law, a message of the Administrator stating the reasons for the withholding of assent shall be laid before the Legislative Assembly within 6 sitting days of the Legislative Assembly after the date on which the assent was withheld.\n\n#### 11 Proposal of money votes\n\n  An enactment, vote, resolution or question, the effect of which is to dispose of or charge any revenues, loans or other moneys received by the Territory, shall not be proposed in the Legislative Assembly unless the purpose for which such revenues, loans or other moneys are to be disposed of or charged by reason of the enactment, vote, resolution or question, as the case may be, has in the same session been recommended by message of the Administrator to the Legislative Assembly.\n\n#### 12 Powers, privileges and immunities of Legislative Assembly\n\n  The power of the Legislative Assembly conferred by section 6 in relation to the making of laws extends to the making of laws:\n    (a) declaring the powers (other than legislative powers), privileges and immunities of the Legislative Assembly and of its members and committees, but so that the powers, privileges and immunities so declared do not exceed the powers, privileges and immunities for the time being of the House of Representatives, or of the members or committees of that House, respectively; and\n    (b) providing for the manner in which powers, privileges and immunities so declared may be exercised or upheld.\n\n### Division 2—Constitution and membership of Legislative Assembly\n\n#### 13 Legislative Assembly\n\n  (1) There shall be a Legislative Assembly of the Northern Territory of Australia.\n  (2) The Legislative Assembly shall consist of such number of members as is provided by enactment.\n  (3) Subject to this Act, the members of the Legislative Assembly shall be elected as provided by enactment.\n  (4) For the purposes of the election of members of the Legislative Assembly, the Territory shall be distributed into as many electoral divisions as there are members to be elected, and a quota shall be calculated by dividing the whole number of electors in the Territory, as nearly as can be ascertained, by the number of members to be elected.\n  (5) For the purposes of subsection (4), each electoral division shall contain a number of electors not exceeding, or falling short of, the quota calculated under that subsection by more than one‑fifth of the quota.\n  (6) A member of the Legislative Assembly shall, before taking his or her seat, make and subscribe an oath or affirmation of allegiance in the form in Schedule 2 and also an oath or affirmation of office in the form in Schedule 3.\n  (7) An oath or affirmation under subsection (6) shall be made before the Administrator or a person authorized by the Administrator to administer such oaths or affirmations.\n\n#### 14 Qualifications of electors\n\n  (1) Subject to subsection (2), all persons who are, under the Commonwealth Electoral Act 1918, qualified to vote at an election of a member of the House of Representatives for the Northern Territory, shall be qualified to vote at an election of members of the Legislative Assembly.\n  (2) Subsection (1) does not apply to persons who are qualified to vote at an election of a member of the House of Representatives for the Northern Territory by reason only of the amendments of the Commonwealth Electoral Act 1918 made by the provisions of Part II of the Cocos (Keeling) Islands Self‑Determination (Consequential Amendments) Act 1984 or by the provisions of Part III of the Christmas Island Administration (Miscellaneous Amendments) Act 1984.\n\n#### 15 Writs for elections\n\n  Writs for the election of members of the Legislative Assembly shall be issued by the Administrator.\n\n#### 16 Term of office of member\n\n  Subject to this Act, the term of office of a member of the Legislative Assembly commences on the date of his or her election and ends immediately before the date of the next general election of members of the Legislative Assembly.\n\n#### 17 Dates of elections\n\n  (1) A general election of members of the Legislative Assembly shall be held on a date determined by the Administrator.\n  (2) The period from the first meeting of the Legislative Assembly after a general election of members of the Assembly to the date of the next succeeding general election shall not be more than 4 years.\n\n#### 18 Resignation of members of Legislative Assembly\n\n  A member of the Legislative Assembly may resign his or her office by writing signed by him or her and delivered to the Speaker or, if there is no Speaker or the Speaker is absent from the Territory, to the Administrator, and on the receipt of the resignation by the Speaker or the Administrator, as the case may be, his or her office shall become vacant.\n\n#### 19 Filling of casual vacancy\n\n  Where a casual vacancy occurs in the office of a member of the Legislative Assembly less than 3 years and 6 months after the first meeting of the Assembly following the last preceding general election, an election shall be held in the electoral division in respect of which the vacancy occurred for the purpose of filling the vacant office for the remainder of the term of office of the member who last held that office.\n\n#### 20 Qualifications for election\n\n  Subject to section 21, a person is qualified to be a candidate for election as a member of the Legislative Assembly if, at the date of nomination:\n    (a) he or she is an Australian citizen;\n    (b) he or she has attained the age of 18 years;\n    (c) he or she is entitled, or qualified to become entitled, to vote at elections of members of the Legislative Assembly; and\n    (d) he or she has been resident within the Commonwealth for at least 6 months and within the Territory for at least 3 months.\n\n#### 21 Disqualifications for membership of Legislative Assembly\n\n  (1) A person is not qualified to be a candidate for election as a member of the Legislative Assembly if, at the date of nomination:\n    (a) he or she:\n    (i) holds an office or appointment (other than a prescribed office or appointment) under a law of the Commonwealth (including this Act) or a law of a State or Territory; or\n    (ii) not being the holder of any office or appointment under such a law, is employed by the Commonwealth, by a State or Territory or by a body corporate established for a public purpose by such a law;\n    and he or she is entitled to any remuneration or allowance (other than reimbursement of expenses reasonably incurred) in respect of that office, appointment or employment;\n    (b) he or she is an undischarged bankrupt; or\n    (c) he or she has been convicted and is under sentence of imprisonment for one year or longer for an offence against the law of the Commonwealth or of a State or Territory.\n  (1A) In subparagraph (1)(a)(i), prescribed office or appointment means:\n    (a) the office of member of the Legislative Assembly, member of the Council, Minister of the Territory or Speaker of the Legislative Assembly; or\n    (b) an appointment under section 25 or 26.\n  (2) A member of the Legislative Assembly vacates his or her office if:\n    (a) he or she becomes a person to whom any of the paragraphs of subsection (1) applies;\n    (b) he or she ceases to be an Australian citizen;\n    (c) he or she fails to attend the Legislative Assembly for 3 consecutive sitting days of the Assembly without the permission of the Assembly;\n    (d) he or she ceases to be entitled, or qualified to become entitled, to vote at elections of members of the Legislative Assembly; or\n    (e) he or she takes or agrees to take, directly or indirectly, any remuneration, allowance or honorarium for services rendered in the Legislative Assembly, otherwise than in accordance with an enactment that provides for remuneration and allowances to be paid to persons in respect of their services as members of the Legislative Assembly, members of the Executive Council or Ministers of the Territory.\n  (3) A member of the Legislative Assembly who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Territory under which goods or services are to be supplied to the Territory shall not take part in a discussion of a matter, or vote on a question, in the Legislative Assembly where the matter or question relates directly or indirectly to that contract.\n  (4) Any question concerning the application of subsection (3) shall be decided by the Legislative Assembly, and a contravention of that subsection does not affect the validity of anything done by the Legislative Assembly.\n\n### Division 3—Procedure of Legislative Assembly\n\n#### 22 Sessions of Legislative Assembly\n\n  (1) The Administrator may, by notice published in the Government Gazette of the Territory, appoint such times for holding the sessions of the Legislative Assembly as he or she thinks fit and may also, from time to time, in like manner, prorogue the Legislative Assembly.\n  (2) At the request of such number of members of the Legislative Assembly as is prescribed by enactment, the Administrator shall, by notice published in the Government Gazette of the Territory, appoint a time, being not later than 14 days after the day on which he or she receives the request, for holding a session of the Legislative Assembly.\n\n#### 23 Quorum\n\n  The number of members necessary to constitute a meeting of the Legislative Assembly for the exercise and performance of its powers and functions shall be as prescribed by enactment.\n\n#### 24 Election of Speaker\n\n  (1) The Legislative Assembly shall, before proceeding to the despatch of any other business, choose a member of the Legislative Assembly to be the Speaker of the Legislative Assembly and, as often as the office of Speaker becomes vacant, the Legislative Assembly shall again choose a member to be the Speaker.\n  (2) The Speaker continues to hold his or her office until:\n    (a) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her election under subsection (1);\n    (b) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator;\n    (c) he or she ceases to be a member of the Legislative Assembly otherwise than by reason of the dissolution of the Legislative Assembly; or\n    (d) he or she is removed from office by the Legislative Assembly;\n  whichever first happens.\n\n#### 25 Acting Speaker—appointment by Legislative Assembly\n\n  (1) Before or during any absence of the Speaker, or during any inability of the Speaker, for any reason, to exercise the powers or perform the functions of the Speaker, the Legislative Assembly may appoint a member to exercise those powers and perform those functions during the absence or inability of the Speaker.\n  (2) A reference in this Act or in any other law in force in the Territory to the Speaker shall be read as including a reference to a person appointed under subsection (1).\n  (3) An appointment under subsection (1) remains in force until:\n    (a) the absence or inability of the Speaker ceases;\n    (b) the appointment is revoked by the Legislative Assembly;\n    (c) the person appointed resigns his or her appointment by writing signed by him or her and delivered to the Administrator;\n    (d) the person appointed ceases to be a member of the Legislative Assembly otherwise than by reason of the dissolution of the Legislative Assembly; or\n    (e) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after the appointment takes effect;\n  whichever first happens.\n\n#### 26 Acting Speaker—appointment by Administrator\n\n  (1) Where:\n    (a) the office of Speaker has become vacant and the Legislative Assembly has not chosen another Speaker to fill the vacancy;\n    (b) the Speaker is absent or is unable, for any reason, to exercise the powers or perform the functions of the Speaker and the Legislative Assembly has not appointed a person under subsection 25(1);\n    (c) the appointment of a person under subsection 25(1) has ceased to be in force, otherwise than by reason of the absence or inability of the Speaker ceasing, and the Legislative Assembly has not appointed another member under that subsection; or\n    (d) a person appointed under subsection 25(1) is absent or is unable, for any reason, to exercise the powers or perform the functions of the Speaker and the Legislative Assembly has not appointed another person under that subsection;\n  the Administrator may, by instrument in writing, appoint a member of the Legislative Assembly to exercise the powers and perform the functions of the Speaker.\n  (2) A reference in this Act or in any other law in force in the Territory to the Speaker shall be read as including a reference to a person appointed under subsection (1).\n  (3) An appointment under subsection (1) remains in force until:\n    (a) the next meeting of the Legislative Assembly is held;\n    (b) the Administrator, by instrument in writing, revokes the appointment;\n    (c) the person appointed resigns his or her appointment by writing signed by him or her and delivered to the Administrator;\n    (d) the person appointed ceases to be a member of the Legislative Assembly otherwise than by reason of the dissolution of the Legislative Assembly;\n    (e) in the case of the absence or inability of the Speaker—that absence or inability ceases; or\n    (f) in the case of the absence or inability of a person appointed under subsection 25(1)—that absence or inability ceases or, if the absence or inability of the Speaker ceases before the absence or inability of that person ceases, the absence or inability of the Speaker ceases;\n  whichever first happens.\n\n#### 27 Voting in Legislative Assembly\n\n  (1) Questions arising in the Legislative Assembly shall be determined by a majority of votes.\n  (2) Subject to subsection 21(3), the Speaker or other member presiding at any meeting of the Legislative Assembly shall in all cases be entitled to vote and shall also, where there is an equality of votes on any question, have a casting vote.\n\n#### 28 Validation of acts of Legislative Assembly\n\n  Where a person who has, whether before or after the commencement of this section, purported to sit or vote as a member of the Legislative Assembly at a meeting of the Legislative Assembly or of a Committee of the Legislative Assembly:\n    (a) was not a duly elected member by reason of his or her not having been qualified for election or of any other defect in his or her election; or\n    (b) had vacated his or her office as a member;\n  all things done or purporting to have been done by the Legislative Assembly or that Committee shall be deemed to be as validly done as if that person had, when so sitting or voting, been a duly elected member of the Legislative Assembly, or had not vacated his or her office, as the case may be.\n\n#### 29 Minutes of proceedings\n\n  (1) The Legislative Assembly shall cause minutes of its proceedings to be kept.\n  (2) A copy of any minutes so kept shall, on request made by any person, be made available for inspection by him or her or, on payment of such fee as is fixed by or under enactment, be supplied to him or her.\n\n#### 30 Standing rules and orders\n\n  The Legislative Assembly may make standing rules and orders, not inconsistent with a law of the Territory, with respect to the order and conduct of its business and proceedings.\n\n## Part IV—The Administration\n\n#### 31 Extent of executive power\n\n  The duties, powers, functions and authorities of the Administrator, the Executive Council and the Ministers of the Territory imposed or conferred by or under this Part extend to the execution and maintenance of this Act and the laws of the Territory and to the exercise of the prerogatives of the Crown so far as they relate to those duties, powers, functions and authorities.\n\n#### 32 Office of Administrator\n\n  (1) There shall be an Administrator of the Territory, who shall be appointed by the Governor‑General by Commission under the Seal of Australia and shall hold office during the pleasure of the Governor‑General.\n  (2) The Administrator is charged with the duty of administering the government of the Territory.\n  (3) Subject to this Act, the Administrator shall exercise and perform all powers and functions that belong to his or her office, or that are conferred on him or her by or under a law in force in the Territory, in accordance with the tenor of his or her Commission and (in the case of powers and functions other than powers and functions relating to matters specified under section 35 and powers and functions under sections 34 and 36) in accordance with such instructions as are given to him or her by the Minister.\n\n#### 33 The Executive Council\n\n  (1) There shall be an Executive Council of the Northern Territory of Australia to advise the Administrator in the government of the Territory in relation to matters in respect of which the Ministers of the Territory have executive authority under section 35.\n  (2) The Council shall consist of the persons for the time being holding Ministerial office.\n  (3) The Administrator is entitled to attend all meetings of the Council, and shall preside at all meetings at which he or she is present.\n  (4) The Administrator may introduce into the Council any matter for discussion in the Council.\n  (5) Meetings of the Council shall be convened by the Administrator and not otherwise.\n  (6) Subject to the preceding provisions of this section and to any provision made by the regulations, the procedure of the Council shall be as the Council determines.\n\n#### 34 Ministerial offices\n\n  There shall be such number of offices of Minister of the Territory, having such respective designations, as the Administrator from time to time determines.\n\n#### 35 Transfer of functions to Executive\n\n  The regulations may specify the matters in respect of which the Ministers of the Territory are to have executive authority.\n\n#### 36 Appointment of Ministers\n\n  The Administrator may appoint a member of the Legislative Assembly to a Ministerial Office, and may, at any time, terminate the appointment.\n\n#### 37 Tenure of office\n\n  The appointment of a person to a Ministerial office takes effect on the day specified in the instrument of appointment and terminates when:\n    (a) he or she ceases, by reason of his or her resignation or by reason of the provisions of section 21, to be a member of the Legislative Assembly;\n    (b) his or her appointment is terminated by the Administrator;\n    (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator and the resignation is accepted by the Administrator; or\n    (d) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after the appointment takes effect.\n\n#### 38 Oath to be taken by Member of Council and Minister\n\n  (1) A member of the Council shall, before entering on the duties of his or her office, make and subscribe an oath or affirmation in accordance with the form in Schedule 4.\n  (2) A person who is appointed to a Ministerial office shall, before entering on the duties of his or her office, make and subscribe an oath or affirmation in accordance with the form in Schedule 5.\n  (3) An oath or affirmation under subsection (1) or (2) shall be made before the Administrator or a person authorized by the Administrator to administer such oaths or affirmations.\n\n#### 40 Acting Administrator\n\n  (1) The Governor‑General may, by Commission under the Seal of Australia, appoint one or more persons to act in the office of Administrator and to administer the government of the Territory during any vacancy in the office of Administrator or whenever the Administrator is absent from duty or from the Territory or is, for any other reason, unable to exercise and perform the powers and functions of his or her office.\n  (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.\n  (4) An Acting Administrator administering the government of the Territory has, and may exercise and perform, all the powers and functions of the Administrator.\n  (5) The exercise or performance by an Acting Administrator of the powers or functions of the Administrator during the absence of the Administrator from the Territory does not prevent the exercise or performance by the Administrator of any of those powers or functions.\n  (6) The appointment of an Acting Administrator, and any act done by a person purporting to act under this section, shall not be called in question by reason of any defect or irregularity in or in connexion with his or her appointment or on the ground that the occasion for his or her so acting had not arisen or had ceased.\n\n#### 41 Deputies of Administrator\n\n  (1) The Administrator may appoint a person, or persons jointly or severally, to be the deputy or deputies of the Administrator in the Territory, or a part of the Territory, and in that capacity to exercise during the pleasure of the Administrator such powers and functions of the Administrator as he or she assigns to the deputy or deputies.\n  (2) The appointment of a deputy does not affect the exercise of a power or performance of a function by the Administrator.\n\n#### 42 Oath to be taken by Administrator etc.\n\n  (1) The Administrator, and Acting Administrator or a deputy of the Administrator shall, before entering on the duties of his or her office, make and subscribe an oath or affirmation of allegiance in the form in Schedule 2 and also an oath or affirmation of office in the form in Schedule 6.\n  (2) An oath or affirmation under this section shall be made before the Governor‑General, a Judge of the Supreme Court of the Northern Territory of Australia or a person authorized by the Governor‑General to administer the oath or affirmation.\n\n## Part V—Finance\n\n#### 43 Interpretation\n\n  In this Part:\n\n> public moneys of the Territory means revenues, loans and other moneys received by the Territory.\n\n> Territory authority means a body corporate established for a public purpose by or under an enactment, being an authority that is empowered by enactment to borrow moneys.\n\n#### 44 Public moneys\n\n  (1) The public moneys of the Territory shall be available to defray the expenditure of the Territory.\n  (2) The receipt, expenditure and control of public moneys of the Territory shall be regulated as provided by enactment.\n\n#### 45 Withdrawals of public moneys\n\n  (1) No public moneys of the Territory shall be issued or expended except as authorized by enactment.\n  (2) The public moneys of the Territory may be invested in such manner as is provided by enactment.\n\n#### 46 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 the Finance Minister, in writing, determines.\n\n#### 48 Commonwealth Auditor‑General may audit Territory accounts\n\n  It is lawful for the Auditor‑General for the Commonwealth to accept appointment as auditor under any enactment relating to the audit of the accounts of the Territory or the audit of the accounts of a body corporate established for a public purpose by or under any other enactment.\n\n## Part VI—Miscellaneous\n\n#### 49 Trade and commerce with States to be free\n\n  Trade, commerce and intercourse between the Territory and the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.\n\n#### 50 Acquisition of property to be on just terms\n\n  (1) The power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of laws with respect to the acquisition of property otherwise than on just terms.\n  (2) Subject to section 70, the acquisition of any property in the Territory which, if the property were in a State, would be an acquisition to which paragraph 51(xxxi) of the Constitution would apply, shall not be made otherwise than on just terms.\n\n#### 51 Acts that bind States to bind Northern Territory\n\n  (1) Where 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, by force of this subsection, binds the Territory or the Crown in right of the Territory, unless that Act specifically provides otherwise.\n  (2) Nothing in subsection (1) shall be taken to affect the application of any law of the Commonwealth in and in relation to the Territory otherwise than as provided in that subsection.\n\n#### 53 Application of Fair Work Act 2009\n\n  (3) Until provision to the contrary is made by an Act, the powers of the Fair Work Commission do not extend to employment in respect of which a tribunal established by an enactment before 1 July 1978 has power to hear and determine disputes, claims or matters relating to the terms and conditions of the employment.\n  (4) Provision may be made by enactment for a member of the Fair Work Commission to constitute, or to be a member of, a tribunal established by an enactment before 1 July 1978, and nothing in this section or the Fair Work Act 2009 prevents a member of the Fair Work Commission from accepting appointment or performing duties as, or as a member of, such a tribunal.\n  (5) The power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of a law conferring on any court, tribunal, board, body, person or other authority any power in relation to the hearing and determining of disputes, claims or matters relating to terms and conditions of employment.\n  (6) Subsection (5) does not prevent the making of:\n    (a) a law conferring the power to make determinations by way of the ascertainment of rights or obligations conferred or imposed on persons by law; or\n    (b) a law conferring power on the Public Service Commissioner of the Territory, on a body established by enactment, or on the holder of an office established by enactment, to make determinations by way of the fixing of terms and conditions of employment of persons employed in the Public Service of the Territory or employed by that body or by the holder of that office, as the case may be.\n\n> Note: See section 40 of the Fair Work Act 2009 and regulations made under subsection (2) of that section for the interaction between determinations made under paragraph (6)(b) of this section and fair work instruments (within the meaning of that Act).\n\n#### 54 Power to confer jurisdiction on Remuneration Tribunal in relation to members etc.\n\n  (1) Provision may be made by enactment to confer on the Remuneration Tribunal established by the Remuneration Tribunal Act 1973 the function of inquiring into, and reporting on or determining, remuneration and allowances to be paid, and other entitlements to be granted, to persons in respect of their services as members of the Legislative Assembly, members of the Executive Council and Ministers of the Territory.\n  (2) Nothing in subsection (1) shall be taken to limit the power to make other provision by enactment for and in relation to remuneration, allowances and other entitlements referred to in that subsection.\n\n#### 55 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n## Part VII—Transitional provisions\n\n#### 56 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> commencing date means 1 July 1978.\n\n> existing Legislative Assembly means the Legislative Assembly established by section 4 of the previous Act.\n\n> instrument includes rules, regulations or by‑laws.\n\n> interest includes any right, title, estate, power, privilege, claim, demand, charge, lien or encumbrance, whether at law or in equity.\n\n> Ordinance means an Ordinance made under the previous Act.\n\n> previous Act means the Northern Territory (Administration) Act 1910.\n\n#### 57 Continuance of laws\n\n  (1) Subject to this Act, on and after the commencing date, all existing laws of the Territory have the same operation as they would have had if this Act had not been enacted, subject to alteration or repeal by or under enactment.\n  (2) Where any existing law of the Territory, the operation of which is preserved by 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, in the Governor of that State with the advice of his or her Executive Council or in any authority of that State shall, in relation to the Territory, be vested in and exercised or performed by the Administrator, the Administrator acting with the advice of the Council or the authority exercising similar powers and functions in the Territory, as the case may be, or as the Administrator directs.\n  (3) In this section, existing law of the Territory means:\n    (a) any law in force in the Territory immediately before the commencing date, other than an Act or an instrument (not being an Ordinance or an instrument made under an Ordinance) made under an Act; or\n    (b) an Ordinance, or an instrument under an Ordinance, in force immediately before the commencing date or made and assented to before that date but not in force before that date.\n\n#### 58 Administrator etc. to continue in office\n\n  (1) Where, immediately before the commencing date, a person holds office by virtue of a provision of the previous Act as the Administrator, an Acting Administrator or a deputy Administrator, he or she continues on and after that date, but subject to this Act, to hold office for the remainder of his or her term of office as if he or she had been appointed under the corresponding provision of this Act, and any instrument by which his or her appointment was made continues in force accordingly.\n  (2) Section 42 does not apply for the purposes of the continuance in office of a person by virtue of subsection (1) of this section.\n\n#### 59 Legislative Assembly etc. to continue\n\n  (1) Notwithstanding the repeal of the previous Act, but subject to this Act, until the day of the first general election of members of the Legislative Assembly after the commencing date:\n    (a) the existing Legislative Assembly continues in existence and shall, for the purposes of this Act, be deemed to be the Legislative Assembly referred to in section 13;\n    (b) the members of the existing Legislative Assembly holding office immediately before the commencing date continue to hold office; and\n    (c) the Speaker holding office immediately before the commencing date continues to hold office.\n  (2) Notwithstanding subsection 17(2) of this Act and the repeal of the previous Act, until the day of the first general election of members of the Legislative Assembly after the commencing date, subsections 4G(2) and (3) of the previous Act shall be deemed to continue in force in relation to the existing Legislative Assembly.\n  (3) Notwithstanding the repeal of the previous Act, the standing rules and orders of the existing Legislative Assembly in force immediately before the commencing date continue in force, but may be altered or repealed in accordance with this Act.\n  (4) Until provision is made by enactment for the purposes of subsection 13(2), the Legislative Assembly consists of 19 members.\n  (5) Subsection 13(6) does not apply for the purposes of the continuance in office of a member of the existing Legislative Assembly by virtue of subsection (1) of this section.\n\n#### 60 Functions performed by Legislative Assembly and Executive Council\n\n  An act done or decision made by, on behalf of, or in the name of, the existing Legislative Assembly or the Executive Council under the previous Act before the commencing date has effect on and after that date as if it had been done or made by, on behalf of, or in the name of, the Legislative Assembly or the Executive Council under this Act.\n\n#### 61 Functions performed by specified persons\n\n  An act done or decision made by, on behalf of, or in the name of, a person under a provision of the previous Act before the commencing date has effect on and after that date as if it had been done or made by, on behalf of, or in the name of, the appropriate person under the corresponding provision of this Act.\n\n#### 63 Sessions of Legislative Assembly\n\n  Until provision is made by enactment for the purposes of subsection 22(2), the number of members of the Legislative Assembly required for the purposes of that subsection is 10.\n\n#### 64 Quorum\n\n  Until provision is made by enactment for the purposes of section 23, the number of members of the Legislative Assembly required for the purposes of that section is 10.\n\n#### 65 Remuneration and allowances\n\n  Notwithstanding the repeal of the previous Act, until a person receives remuneration, allowances and other entitlements in accordance with an enactment, he or she shall receive in respect of his or her services as a member of the Legislative Assembly, a member of the Council or a Minister of the Territory, as the case may be, remuneration, allowances and other entitlements in accordance with the relevant determination by the Remuneration Tribunal in force immediately before the commencing date, and paragraph 21(2)(e) does not apply in relation to remuneration, allowances and other entitlements so received.\n\n#### 66 Ordinances made but not assented to before commencing date\n\n  (1) An Ordinance made by the existing Legislative Assembly before the commencing date but not assented to before that date (other than an Ordinance to which subsection (2) applies) shall, for the purposes of this Act, be deemed to be a proposed law passed by the Legislative Assembly under this Act.\n  (2) Where, before the commencing date, the Administrator had, in accordance with section 4V or 4W of the previous Act, reserved an Ordinance for the Governor‑General’s pleasure and the Governor‑General had not made a declaration under subsection 4X(1) of that Act in relation to the Ordinance, the Ordinance shall, for the purposes of this Act, be deemed to be a proposed law passed by the Legislative Assembly under this Act and to have been reserved for the Governor‑General’s pleasure in accordance with section 7 of this Act.\n\n#### 67 References in other laws\n\n  In any law of the Commonwealth or of the Territory or any instrument having effect under such a law (including a law or instrument that came into operation before the commencing date), except so far as the context otherwise requires:\n    (a) a reference, however expressed, to the Legislative Assembly for the Territory shall be read as a reference to the Legislative Assembly of the Northern Territory of Australia;\n    (b) a reference, however expressed, to an Ordinance shall be read as including a reference to an enactment;\n    (c) a reference, however expressed, to the Executive Council established by the previous Act shall be read as including a reference to the Executive Council of the Northern Territory of Australia; and\n    (d) a reference, however expressed, to a person holding office under a provision of the previous Act shall be read as including a reference to a person holding office under the corresponding provision of this Act.\n\n#### 68 Certain provisions of previous Act to continue to operate\n\n  Notwithstanding the repeal of the previous Act, the provisions of sections 11, 12, 13, 14, 15, 16, 19, 19A and 20 of the previous Act continue to have effect, by virtue of this Act and except so far as they are inconsistent with a provision of this Act, as if that Act had not been repealed.\n\n#### 69 Transfers of property etc.\n\n  (1) In this section:\n\n> mineral means a naturally occurring substance or mixture of substances, whether in a solid, liquid or gaseous state.\n\n> personal property does not include:\n\n    (a) money;\n    (b) things in action (other than rights in relation to inventions, trade marks or designs); or\n    (c) leasehold interests in land.\n  (2) All interests of the Commonwealth in land in the Territory, other than interests referred to in subsection (5), are, by force of this section, vested in the Territory on the commencing date.\n  (3) All interests in land in the Territory held from the Commonwealth immediately before the commencing date are, by force of this section, held from the Territory on and after that date on the same terms and conditions as those on which they were held from the Commonwealth.\n  (4) All interests of the Commonwealth in respect of minerals in the Territory (other than prescribed substances within the meaning of the Atomic Energy Act 1953 and the regulations made under that Act and in force immediately before the commencing date) are, by force of this section, vested in the Territory on that date.\n  (5) On, or as soon as practicable after, the date when a matter is specified under section 35, the Minister shall transfer or cause to be transferred to the Territory:\n    (a) all interests held by the Commonwealth immediately before that date in land in the Territory, being:\n    (i) interests under easements, rights of way or mortgages; or\n    (ii) interests as lessee or sub‑lessee; and\n    (b) all personal property held by the Commonwealth immediately before that date;\n  being interests and property that, in the opinion of the Minister, were so held for the purposes of the Commonwealth in connexion with that matter.\n  (6) Where an interest is transferred to the Territory under paragraph (5)(a), being an interest derived from a contract, the Territory is, by force of this section, substituted for the Commonwealth as a party to the contract.\n  (7) The Commonwealth is not liable to pay to the Territory any duties, fees or other charges in respect of anything done under subsection (5).\n\n#### 70 Acquisition of certain land etc.\n\n  (1) The Minister may, from time to time, recommend to the Governor‑General that any interest in land vested or to be vested in the Territory by subsection 69(2) (including an interest less than, or subsidiary to, such an interest) be acquired from the Territory by the Commonwealth under this section.\n  (2) The Governor‑General may, on the recommendation of the Minister under subsection (1), authorize the acquisition of the interest for a public purpose approved by the Governor‑General.\n  (3) The Minister may cause to be published in the Gazette notice of the authorization by the Governor‑General and, in the notice, declare that the interest is acquired under this section for the public purpose approved by the Governor‑General.\n  (4) Upon publication of the notice in the Gazette or immediately after the commencement of section 69, whichever is the later, the interest to which the notice relates is, by force of this section:\n    (a) vested in the Commonwealth; and\n    (b) freed and discharged from any restriction, dedication or reservation made by or under any enactment (not being an interest to which subsection (6) applies);\n  to the intent that the legal estate in the interest, and all rights and powers incident to that estate or conferred by the Lands Acquisition Act 1989 in relation to that estate, are vested in the Commonwealth.\n  (5) An interest that may be acquired under this section may be an interest that did not previously exist as such.\n  (6) Upon the acquisition of an interest by the Commonwealth under this section, all interests that were held from the Territory immediately before the acquisition, being interests derived from the first‑mentioned interest, are, by force of this section, held from the Commonwealth on the same terms and conditions as those on which they were held from the Territory.\n  (7) The Secretary of the Department shall lodge with the registrar of titles of the Territory a copy of a notice published under this section, certified by writing signed by the Secretary.\n  (8) Upon the lodgment of a copy of a notice in accordance with subsection (7), the registrar of titles shall register the acquisition to which the notice relates in the manner as nearly as may be in which dealings with land are registered, and shall deal with and give effect to the copy of the notice as if it were a grant, conveyance, memorandum or instrument of transfer of the land or interest, as the case may be, to the Commonwealth duly executed under the laws in force in the Territory.\n  (9) The Commonwealth is not liable to pay to the Territory:\n    (a) any compensation in respect of an acquisition made under this section; or\n    (b) any duties, fees or other charges in respect of anything done under subsection (7) or (8).\n  (10) A notice shall not be published under this section after the expiration of one year after the commencing date.\n  (11) Where subsection (4) has effect in relation to an interest in land, that subsection has the like effect in relation to any interest vested in the Territory by subsection 69(4) in respect of minerals in or on that land.\n  (12) This section has effect despite anything contained in the Lands Acquisition Act 1989.\n\n#### 71 Contracts\n\n  (1) The regulations may make provision for and in relation to:\n    (a) the substitution of the Territory for the Commonwealth as a party to a prescribed contract or a contract included in a class of prescribed contracts; and\n    (b) matters arising from, connected with or consequential upon any such substitution.\n  (2) In subsection (1), prescribed contract means a contract:\n    (a) which was subsisting immediately before the commencing date or was entered into on or after that date and before the date of commencement of the Northern Territory (Self‑Government) Amendment Act 1982;\n    (b) to which the Commonwealth is a party; and\n    (c) which relates to a matter specified under section 35;\n  other than a contract referred to in subsection 69(6).\n\n#### 72 Commonwealth to indemnify Territory\n\n  (1) The Commonwealth shall indemnify the Territory, and keep the Territory indemnified, against any action, claim or demand brought or made against the Territory in respect of any act done or omitted to be done by or on behalf of the Commonwealth, being an action, claim or demand that, but for the operation of this Act, could be brought or made against the Commonwealth.\n  (2) The indemnification under subsection (1) extends to damages, expenses and costs arising from, connected with or consequential upon an action, claim or demand referred to in that subsection.\n\n#### 73 Validity of Ordinances\n\n  For the avoidance of doubt, it is hereby declared that an Ordinance made by the existing Legislative Assembly under the previous Act (including an Ordinance that was not assented to before the commencing date) is as valid as if it had been passed by the Legislative Assembly under this Act.\n\n#### 74 Agency arrangements\n\n  The Minister may arrange with the Administrator for the Territory to perform functions on behalf of the Commonwealth or for the Commonwealth to perform functions on behalf of the Territory.\n\n#### 75 Regulations\n\n  (1) With the consent of the Administrator for the Territory acting with the advice of the Council, the regulations may make provision (including provision by way of modifications and adaptations of any Act) for and in relation to any matter arising from, consequential upon or otherwise connected with the establishment of the Territory as a body politic under the Crown.\n  (2) The power to make regulations under subsection (1) extends to the making of regulations expressed to take effect on and from a date earlier than the date of the making of the regulations, not being a date earlier than the commencing date.\n  (3) Regulations shall not be made under this section after 30 June 1979.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Sessions of Legislative Assembly","content":"#### 22 Sessions of Legislative Assembly\n\n  (1) The Administrator may, by notice published in the Government Gazette of the Territory, appoint such times for holding the sessions of the Legislative Assembly as he or she thinks fit and may also, from time to time, in like manner, prorogue the Legislative Assembly.\n  (2) At the request of such number of members of the Legislative Assembly as is prescribed by enactment, the Administrator shall, by notice published in the Government Gazette of the Territory, appoint a time, being not later than 14 days after the day on which he or she receives the request, for holding a session of the Legislative Assembly.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Quorum","content":"#### 23 Quorum\n\n  The number of members necessary to constitute a meeting of the Legislative Assembly for the exercise and performance of its powers and functions shall be as prescribed by enactment.","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Election of Speaker","content":"#### 24 Election of Speaker\n\n  (1) The Legislative Assembly shall, before proceeding to the despatch of any other business, choose a member of the Legislative Assembly to be the Speaker of the Legislative Assembly and, as often as the office of Speaker becomes vacant, the Legislative Assembly shall again choose a member to be the Speaker.\n  (2) The Speaker continues to hold his or her office until:\n    (a) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after his or her election under subsection (1);\n    (b) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator;\n    (c) he or she ceases to be a member of the Legislative Assembly otherwise than by reason of the dissolution of the Legislative Assembly; or\n    (d) he or she is removed from office by the Legislative Assembly;\n  whichever first happens.","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Acting Speaker—appointment by Legislative Assembly","content":"#### 25 Acting Speaker—appointment by Legislative Assembly\n\n  (1) Before or during any absence of the Speaker, or during any inability of the Speaker, for any reason, to exercise the powers or perform the functions of the Speaker, the Legislative Assembly may appoint a member to exercise those powers and perform those functions during the absence or inability of the Speaker.\n  (2) A reference in this Act or in any other law in force in the Territory to the Speaker shall be read as including a reference to a person appointed under subsection (1).\n  (3) An appointment under subsection (1) remains in force until:\n    (a) the absence or inability of the Speaker ceases;\n    (b) the appointment is revoked by the Legislative Assembly;\n    (c) the person appointed resigns his or her appointment by writing signed by him or her and delivered to the Administrator;\n    (d) the person appointed ceases to be a member of the Legislative Assembly otherwise than by reason of the dissolution of the Legislative Assembly; or\n    (e) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after the appointment takes effect;\n  whichever first happens.","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Acting Speaker—appointment by Administrator","content":"#### 26 Acting Speaker—appointment by Administrator\n\n  (1) Where:\n    (a) the office of Speaker has become vacant and the Legislative Assembly has not chosen another Speaker to fill the vacancy;\n    (b) the Speaker is absent or is unable, for any reason, to exercise the powers or perform the functions of the Speaker and the Legislative Assembly has not appointed a person under subsection 25(1);\n    (c) the appointment of a person under subsection 25(1) has ceased to be in force, otherwise than by reason of the absence or inability of the Speaker ceasing, and the Legislative Assembly has not appointed another member under that subsection; or\n    (d) a person appointed under subsection 25(1) is absent or is unable, for any reason, to exercise the powers or perform the functions of the Speaker and the Legislative Assembly has not appointed another person under that subsection;\n  the Administrator may, by instrument in writing, appoint a member of the Legislative Assembly to exercise the powers and perform the functions of the Speaker.\n  (2) A reference in this Act or in any other law in force in the Territory to the Speaker shall be read as including a reference to a person appointed under subsection (1).\n  (3) An appointment under subsection (1) remains in force until:\n    (a) the next meeting of the Legislative Assembly is held;\n    (b) the Administrator, by instrument in writing, revokes the appointment;\n    (c) the person appointed resigns his or her appointment by writing signed by him or her and delivered to the Administrator;\n    (d) the person appointed ceases to be a member of the Legislative Assembly otherwise than by reason of the dissolution of the Legislative Assembly;\n    (e) in the case of the absence or inability of the Speaker—that absence or inability ceases; or\n    (f) in the case of the absence or inability of a person appointed under subsection 25(1)—that absence or inability ceases or, if the absence or inability of the Speaker ceases before the absence or inability of that person ceases, the absence or inability of the Speaker ceases;\n  whichever first happens.","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Voting in Legislative Assembly","content":"#### 27 Voting in Legislative Assembly\n\n  (1) Questions arising in the Legislative Assembly shall be determined by a majority of votes.\n  (2) Subject to subsection 21(3), the Speaker or other member presiding at any meeting of the Legislative Assembly shall in all cases be entitled to vote and shall also, where there is an equality of votes on any question, have a casting vote.","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Validation of acts of Legislative Assembly","content":"#### 28 Validation of acts of Legislative Assembly\n\n  Where a person who has, whether before or after the commencement of this section, purported to sit or vote as a member of the Legislative Assembly at a meeting of the Legislative Assembly or of a Committee of the Legislative Assembly:\n    (a) was not a duly elected member by reason of his or her not having been qualified for election or of any other defect in his or her election; or\n    (b) had vacated his or her office as a member;\n  all things done or purporting to have been done by the Legislative Assembly or that Committee shall be deemed to be as validly done as if that person had, when so sitting or voting, been a duly elected member of the Legislative Assembly, or had not vacated his or her office, as the case may be.","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Minutes of proceedings","content":"#### 29 Minutes of proceedings\n\n  (1) The Legislative Assembly shall cause minutes of its proceedings to be kept.\n  (2) A copy of any minutes so kept shall, on request made by any person, be made available for inspection by him or her or, on payment of such fee as is fixed by or under enactment, be supplied to him or her.","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Standing rules and orders","content":"#### 30 Standing rules and orders\n\n  The Legislative Assembly may make standing rules and orders, not inconsistent with a law of the Territory, with respect to the order and conduct of its business and proceedings.","sortOrder":34},{"sectionNumber":"Part IV","sectionType":"part","heading":"The Administration","content":"## Part IV—The Administration","sortOrder":35},{"sectionNumber":"31","sectionType":"section","heading":"Extent of executive power","content":"#### 31 Extent of executive power\n\n  The duties, powers, functions and authorities of the Administrator, the Executive Council and the Ministers of the Territory imposed or conferred by or under this Part extend to the execution and maintenance of this Act and the laws of the Territory and to the exercise of the prerogatives of the Crown so far as they relate to those duties, powers, functions and authorities.","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Office of Administrator","content":"#### 32 Office of Administrator\n\n  (1) There shall be an Administrator of the Territory, who shall be appointed by the Governor‑General by Commission under the Seal of Australia and shall hold office during the pleasure of the Governor‑General.\n  (2) The Administrator is charged with the duty of administering the government of the Territory.\n  (3) Subject to this Act, the Administrator shall exercise and perform all powers and functions that belong to his or her office, or that are conferred on him or her by or under a law in force in the Territory, in accordance with the tenor of his or her Commission and (in the case of powers and functions other than powers and functions relating to matters specified under section 35 and powers and functions under sections 34 and 36) in accordance with such instructions as are given to him or her by the Minister.","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"The Executive Council","content":"#### 33 The Executive Council\n\n  (1) There shall be an Executive Council of the Northern Territory of Australia to advise the Administrator in the government of the Territory in relation to matters in respect of which the Ministers of the Territory have executive authority under section 35.\n  (2) The Council shall consist of the persons for the time being holding Ministerial office.\n  (3) The Administrator is entitled to attend all meetings of the Council, and shall preside at all meetings at which he or she is present.\n  (4) The Administrator may introduce into the Council any matter for discussion in the Council.\n  (5) Meetings of the Council shall be convened by the Administrator and not otherwise.\n  (6) Subject to the preceding provisions of this section and to any provision made by the regulations, the procedure of the Council shall be as the Council determines.","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Ministerial offices","content":"#### 34 Ministerial offices\n\n  There shall be such number of offices of Minister of the Territory, having such respective designations, as the Administrator from time to time determines.","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Transfer of functions to Executive","content":"#### 35 Transfer of functions to Executive\n\n  The regulations may specify the matters in respect of which the Ministers of the Territory are to have executive authority.","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Appointment of Ministers","content":"#### 36 Appointment of Ministers\n\n  The Administrator may appoint a member of the Legislative Assembly to a Ministerial Office, and may, at any time, terminate the appointment.","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Tenure of office","content":"#### 37 Tenure of office\n\n  The appointment of a person to a Ministerial office takes effect on the day specified in the instrument of appointment and terminates when:\n    (a) he or she ceases, by reason of his or her resignation or by reason of the provisions of section 21, to be a member of the Legislative Assembly;\n    (b) his or her appointment is terminated by the Administrator;\n    (c) he or she resigns his or her office by writing signed by him or her and delivered to the Administrator and the resignation is accepted by the Administrator; or\n    (d) the Legislative Assembly first meets after a general election of the Legislative Assembly that takes place after the appointment takes effect.","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Oath to be taken by Member of Council and Minister","content":"#### 38 Oath to be taken by Member of Council and Minister\n\n  (1) A member of the Council shall, before entering on the duties of his or her office, make and subscribe an oath or affirmation in accordance with the form in Schedule 4.\n  (2) A person who is appointed to a Ministerial office shall, before entering on the duties of his or her office, make and subscribe an oath or affirmation in accordance with the form in Schedule 5.\n  (3) An oath or affirmation under subsection (1) or (2) shall be made before the Administrator or a person authorized by the Administrator to administer such oaths or affirmations.","sortOrder":43},{"sectionNumber":"40","sectionType":"section","heading":"Acting Administrator","content":"#### 40 Acting Administrator\n\n  (1) The Governor‑General may, by Commission under the Seal of Australia, appoint one or more persons to act in the office of Administrator and to administer the government of the Territory during any vacancy in the office of Administrator or whenever the Administrator is absent from duty or from the Territory or is, for any other reason, unable to exercise and perform the powers and functions of his or her office.\n  (2) An appointment of a person under subsection (1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment.\n  (4) An Acting Administrator administering the government of the Territory has, and may exercise and perform, all the powers and functions of the Administrator.\n  (5) The exercise or performance by an Acting Administrator of the powers or functions of the Administrator during the absence of the Administrator from the Territory does not prevent the exercise or performance by the Administrator of any of those powers or functions.\n  (6) The appointment of an Acting Administrator, and any act done by a person purporting to act under this section, shall not be called in question by reason of any defect or irregularity in or in connexion with his or her appointment or on the ground that the occasion for his or her so acting had not arisen or had ceased.","sortOrder":44},{"sectionNumber":"41","sectionType":"section","heading":"Deputies of Administrator","content":"#### 41 Deputies of Administrator\n\n  (1) The Administrator may appoint a person, or persons jointly or severally, to be the deputy or deputies of the Administrator in the Territory, or a part of the Territory, and in that capacity to exercise during the pleasure of the Administrator such powers and functions of the Administrator as he or she assigns to the deputy or deputies.\n  (2) The appointment of a deputy does not affect the exercise of a power or performance of a function by the Administrator.","sortOrder":45},{"sectionNumber":"42","sectionType":"section","heading":"Oath to be taken by Administrator etc.","content":"#### 42 Oath to be taken by Administrator etc.\n\n  (1) The Administrator, and Acting Administrator or a deputy of the Administrator shall, before entering on the duties of his or her office, make and subscribe an oath or affirmation of allegiance in the form in Schedule 2 and also an oath or affirmation of office in the form in Schedule 6.\n  (2) An oath or affirmation under this section shall be made before the Governor‑General, a Judge of the Supreme Court of the Northern Territory of Australia or a person authorized by the Governor‑General to administer the oath or affirmation.","sortOrder":46},{"sectionNumber":"Part V","sectionType":"part","heading":"Finance","content":"## Part V—Finance","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Interpretation","content":"#### 43 Interpretation\n\n  In this Part:\n\n> public moneys of the Territory means revenues, loans and other moneys received by the Territory.\n\n> Territory authority means a body corporate established for a public purpose by or under an enactment, being an authority that is empowered by enactment to borrow moneys.","sortOrder":48},{"sectionNumber":"44","sectionType":"section","heading":"Public moneys","content":"#### 44 Public moneys\n\n  (1) The public moneys of the Territory shall be available to defray the expenditure of the Territory.\n  (2) The receipt, expenditure and control of public moneys of the Territory shall be regulated as provided by enactment.","sortOrder":49},{"sectionNumber":"45","sectionType":"section","heading":"Withdrawals of public moneys","content":"#### 45 Withdrawals of public moneys\n\n  (1) No public moneys of the Territory shall be issued or expended except as authorized by enactment.\n  (2) The public moneys of the Territory may be invested in such manner as is provided by enactment.","sortOrder":50},{"sectionNumber":"46","sectionType":"section","heading":"Borrowing from Commonwealth","content":"#### 46 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 the Finance Minister, in writing, determines.","sortOrder":51},{"sectionNumber":"48","sectionType":"section","heading":"Commonwealth Auditor‑General may audit Territory accounts","content":"#### 48 Commonwealth Auditor‑General may audit Territory accounts\n\n  It is lawful for the Auditor‑General for the Commonwealth to accept appointment as auditor under any enactment relating to the audit of the accounts of the Territory or the audit of the accounts of a body corporate established for a public purpose by or under any other enactment.","sortOrder":52},{"sectionNumber":"Part VI","sectionType":"part","heading":"Miscellaneous","content":"## Part VI—Miscellaneous","sortOrder":53},{"sectionNumber":"49","sectionType":"section","heading":"Trade and commerce with States to be free","content":"#### 49 Trade and commerce with States to be free\n\n  Trade, commerce and intercourse between the Territory and the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.","sortOrder":54},{"sectionNumber":"50","sectionType":"section","heading":"Acquisition of property to be on just terms","content":"#### 50 Acquisition of property to be on just terms\n\n  (1) The power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of laws with respect to the acquisition of property otherwise than on just terms.\n  (2) Subject to section 70, the acquisition of any property in the Territory which, if the property were in a State, would be an acquisition to which paragraph 51(xxxi) of the Constitution would apply, shall not be made otherwise than on just terms.","sortOrder":55},{"sectionNumber":"51","sectionType":"section","heading":"Acts that bind States to bind Northern Territory","content":"#### 51 Acts that bind States to bind Northern Territory\n\n  (1) Where 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, by force of this subsection, binds the Territory or the Crown in right of the Territory, unless that Act specifically provides otherwise.\n  (2) Nothing in subsection (1) shall be taken to affect the application of any law of the Commonwealth in and in relation to the Territory otherwise than as provided in that subsection.","sortOrder":56},{"sectionNumber":"53","sectionType":"section","heading":"Application of Fair Work Act 2009","content":"#### 53 Application of Fair Work Act 2009\n\n  (3) Until provision to the contrary is made by an Act, the powers of the Fair Work Commission do not extend to employment in respect of which a tribunal established by an enactment before 1 July 1978 has power to hear and determine disputes, claims or matters relating to the terms and conditions of the employment.\n  (4) Provision may be made by enactment for a member of the Fair Work Commission to constitute, or to be a member of, a tribunal established by an enactment before 1 July 1978, and nothing in this section or the Fair Work Act 2009 prevents a member of the Fair Work Commission from accepting appointment or performing duties as, or as a member of, such a tribunal.\n  (5) The power of the Legislative Assembly conferred by section 6 in relation to the making of laws does not extend to the making of a law conferring on any court, tribunal, board, body, person or other authority any power in relation to the hearing and determining of disputes, claims or matters relating to terms and conditions of employment.\n  (6) Subsection (5) does not prevent the making of:\n    (a) a law conferring the power to make determinations by way of the ascertainment of rights or obligations conferred or imposed on persons by law; or\n    (b) a law conferring power on the Public Service Commissioner of the Territory, on a body established by enactment, or on the holder of an office established by enactment, to make determinations by way of the fixing of terms and conditions of employment of persons employed in the Public Service of the Territory or employed by that body or by the holder of that office, as the case may be.\n\n> Note: See section 40 of the Fair Work Act 2009 and regulations made under subsection (2) of that section for the interaction between determinations made under paragraph (6)(b) of this section and fair work instruments (within the meaning of that Act).","sortOrder":57},{"sectionNumber":"54","sectionType":"section","heading":"Power to confer jurisdiction on Remuneration Tribunal in relation to members etc.","content":"#### 54 Power to confer jurisdiction on Remuneration Tribunal in relation to members etc.\n\n  (1) Provision may be made by enactment to confer on the Remuneration Tribunal established by the Remuneration Tribunal Act 1973 the function of inquiring into, and reporting on or determining, remuneration and allowances to be paid, and other entitlements to be granted, to persons in respect of their services as members of the Legislative Assembly, members of the Executive Council and Ministers of the Territory.\n  (2) Nothing in subsection (1) shall be taken to limit the power to make other provision by enactment for and in relation to remuneration, allowances and other entitlements referred to in that subsection.","sortOrder":58},{"sectionNumber":"55","sectionType":"section","heading":"Regulations","content":"#### 55 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":59},{"sectionNumber":"Part VII","sectionType":"part","heading":"Transitional provisions","content":"## Part VII—Transitional provisions","sortOrder":60},{"sectionNumber":"56","sectionType":"section","heading":"Interpretation","content":"#### 56 Interpretation\n\n  In this Part, unless the contrary intention appears:\n\n> commencing date means 1 July 1978.\n\n> existing Legislative Assembly means the Legislative Assembly established by section 4 of the previous Act.\n\n> instrument includes rules, regulations or by‑laws.\n\n> interest includes any right, title, estate, power, privilege, claim, demand, charge, lien or encumbrance, whether at law or in equity.\n\n> Ordinance means an Ordinance made under the previous Act.\n\n> previous Act means the Northern Territory (Administration) Act 1910.","sortOrder":61},{"sectionNumber":"57","sectionType":"section","heading":"Continuance of laws","content":"#### 57 Continuance of laws\n\n  (1) Subject to this Act, on and after the commencing date, all existing laws of the Territory have the same operation as they would have had if this Act had not been enacted, subject to alteration or repeal by or under enactment.\n  (2) Where any existing law of the Territory, the operation of which is preserved by 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, in the Governor of that State with the advice of his or her Executive Council or in any authority of that State shall, in relation to the Territory, be vested in and exercised or performed by the Administrator, the Administrator acting with the advice of the Council or the authority exercising similar powers and functions in the Territory, as the case may be, or as the Administrator directs.\n  (3) In this section, existing law of the Territory means:\n    (a) any law in force in the Territory immediately before the commencing date, other than an Act or an instrument (not being an Ordinance or an instrument made under an Ordinance) made under an Act; or\n    (b) an Ordinance, or an instrument under an Ordinance, in force immediately before the commencing date or made and assented to before that date but not in force before that date.","sortOrder":62},{"sectionNumber":"58","sectionType":"section","heading":"Administrator etc. to continue in office","content":"#### 58 Administrator etc. to continue in office\n\n  (1) Where, immediately before the commencing date, a person holds office by virtue of a provision of the previous Act as the Administrator, an Acting Administrator or a deputy Administrator, he or she continues on and after that date, but subject to this Act, to hold office for the remainder of his or her term of office as if he or she had been appointed under the corresponding provision of this Act, and any instrument by which his or her appointment was made continues in force accordingly.\n  (2) Section 42 does not apply for the purposes of the continuance in office of a person by virtue of subsection (1) of this section.","sortOrder":63},{"sectionNumber":"59","sectionType":"section","heading":"Legislative Assembly etc. to continue","content":"#### 59 Legislative Assembly etc. to continue\n\n  (1) Notwithstanding the repeal of the previous Act, but subject to this Act, until the day of the first general election of members of the Legislative Assembly after the commencing date:\n    (a) the existing Legislative Assembly continues in existence and shall, for the purposes of this Act, be deemed to be the Legislative Assembly referred to in section 13;\n    (b) the members of the existing Legislative Assembly holding office immediately before the commencing date continue to hold office; and\n    (c) the Speaker holding office immediately before the commencing date continues to hold office.\n  (2) Notwithstanding subsection 17(2) of this Act and the repeal of the previous Act, until the day of the first general election of members of the Legislative Assembly after the commencing date, subsections 4G(2) and (3) of the previous Act shall be deemed to continue in force in relation to the existing Legislative Assembly.\n  (3) Notwithstanding the repeal of the previous Act, the standing rules and orders of the existing Legislative Assembly in force immediately before the commencing date continue in force, but may be altered or repealed in accordance with this Act.\n  (4) Until provision is made by enactment for the purposes of subsection 13(2), the Legislative Assembly consists of 19 members.\n  (5) Subsection 13(6) does not apply for the purposes of the continuance in office of a member of the existing Legislative Assembly by virtue of subsection (1) of this section.","sortOrder":64},{"sectionNumber":"60","sectionType":"section","heading":"Functions performed by Legislative Assembly and Executive Council","content":"#### 60 Functions performed by Legislative Assembly and Executive Council\n\n  An act done or decision made by, on behalf of, or in the name of, the existing Legislative Assembly or the Executive Council under the previous Act before the commencing date has effect on and after that date as if it had been done or made by, on behalf of, or in the name of, the Legislative Assembly or the Executive Council under this Act.","sortOrder":65},{"sectionNumber":"61","sectionType":"section","heading":"Functions performed by specified persons","content":"#### 61 Functions performed by specified persons\n\n  An act done or decision made by, on behalf of, or in the name of, a person under a provision of the previous Act before the commencing date has effect on and after that date as if it had been done or made by, on behalf of, or in the name of, the appropriate person under the corresponding provision of this Act.","sortOrder":66},{"sectionNumber":"63","sectionType":"section","heading":"Sessions of Legislative Assembly","content":"#### 63 Sessions of Legislative Assembly\n\n  Until provision is made by enactment for the purposes of subsection 22(2), the number of members of the Legislative Assembly required for the purposes of that subsection is 10.","sortOrder":67},{"sectionNumber":"64","sectionType":"section","heading":"Quorum","content":"#### 64 Quorum\n\n  Until provision is made by enactment for the purposes of section 23, the number of members of the Legislative Assembly required for the purposes of that section is 10.","sortOrder":68},{"sectionNumber":"65","sectionType":"section","heading":"Remuneration and allowances","content":"#### 65 Remuneration and allowances\n\n  Notwithstanding the repeal of the previous Act, until a person receives remuneration, allowances and other entitlements in accordance with an enactment, he or she shall receive in respect of his or her services as a member of the Legislative Assembly, a member of the Council or a Minister of the Territory, as the case may be, remuneration, allowances and other entitlements in accordance with the relevant determination by the Remuneration Tribunal in force immediately before the commencing date, and paragraph 21(2)(e) does not apply in relation to remuneration, allowances and other entitlements so received.","sortOrder":69},{"sectionNumber":"66","sectionType":"section","heading":"Ordinances made but not assented to before commencing date","content":"#### 66 Ordinances made but not assented to before commencing date\n\n  (1) An Ordinance made by the existing Legislative Assembly before the commencing date but not assented to before that date (other than an Ordinance to which subsection (2) applies) shall, for the purposes of this Act, be deemed to be a proposed law passed by the Legislative Assembly under this Act.\n  (2) Where, before the commencing date, the Administrator had, in accordance with section 4V or 4W of the previous Act, reserved an Ordinance for the Governor‑General’s pleasure and the Governor‑General had not made a declaration under subsection 4X(1) of that Act in relation to the Ordinance, the Ordinance shall, for the purposes of this Act, be deemed to be a proposed law passed by the Legislative Assembly under this Act and to have been reserved for the Governor‑General’s pleasure in accordance with section 7 of this Act.","sortOrder":70},{"sectionNumber":"67","sectionType":"section","heading":"References in other laws","content":"#### 67 References in other laws\n\n  In any law of the Commonwealth or of the Territory or any instrument having effect under such a law (including a law or instrument that came into operation before the commencing date), except so far as the context otherwise requires:\n    (a) a reference, however expressed, to the Legislative Assembly for the Territory shall be read as a reference to the Legislative Assembly of the Northern Territory of Australia;\n    (b) a reference, however expressed, to an Ordinance shall be read as including a reference to an enactment;\n    (c) a reference, however expressed, to the Executive Council established by the previous Act shall be read as including a reference to the Executive Council of the Northern Territory of Australia; and\n    (d) a reference, however expressed, to a person holding office under a provision of the previous Act shall be read as including a reference to a person holding office under the corresponding provision of this Act.","sortOrder":71},{"sectionNumber":"68","sectionType":"section","heading":"Certain provisions of previous Act to continue to operate","content":"#### 68 Certain provisions of previous Act to continue to operate\n\n  Notwithstanding the repeal of the previous Act, the provisions of sections 11, 12, 13, 14, 15, 16, 19, 19A and 20 of the previous Act continue to have effect, by virtue of this Act and except so far as they are inconsistent with a provision of this Act, as if that Act had not been repealed.","sortOrder":72},{"sectionNumber":"69","sectionType":"section","heading":"Transfers of property etc.","content":"#### 69 Transfers of property etc.\n\n  (1) In this section:\n\n> mineral means a naturally occurring substance or mixture of substances, whether in a solid, liquid or gaseous state.\n\n> personal property does not include:\n\n    (a) money;\n    (b) things in action (other than rights in relation to inventions, trade marks or designs); or\n    (c) leasehold interests in land.\n  (2) All interests of the Commonwealth in land in the Territory, other than interests referred to in subsection (5), are, by force of this section, vested in the Territory on the commencing date.\n  (3) All interests in land in the Territory held from the Commonwealth immediately before the commencing date are, by force of this section, held from the Territory on and after that date on the same terms and conditions as those on which they were held from the Commonwealth.\n  (4) All interests of the Commonwealth in respect of minerals in the Territory (other than prescribed substances within the meaning of the Atomic Energy Act 1953 and the regulations made under that Act and in force immediately before the commencing date) are, by force of this section, vested in the Territory on that date.\n  (5) On, or as soon as practicable after, the date when a matter is specified under section 35, the Minister shall transfer or cause to be transferred to the Territory:\n    (a) all interests held by the Commonwealth immediately before that date in land in the Territory, being:\n    (i) interests under easements, rights of way or mortgages; or\n    (ii) interests as lessee or sub‑lessee; and\n    (b) all personal property held by the Commonwealth immediately before that date;\n  being interests and property that, in the opinion of the Minister, were so held for the purposes of the Commonwealth in connexion with that matter.\n  (6) Where an interest is transferred to the Territory under paragraph (5)(a), being an interest derived from a contract, the Territory is, by force of this section, substituted for the Commonwealth as a party to the contract.\n  (7) The Commonwealth is not liable to pay to the Territory any duties, fees or other charges in respect of anything done under subsection (5).","sortOrder":73},{"sectionNumber":"70","sectionType":"section","heading":"Acquisition of certain land etc.","content":"#### 70 Acquisition of certain land etc.\n\n  (1) The Minister may, from time to time, recommend to the Governor‑General that any interest in land vested or to be vested in the Territory by subsection 69(2) (including an interest less than, or subsidiary to, such an interest) be acquired from the Territory by the Commonwealth under this section.\n  (2) The Governor‑General may, on the recommendation of the Minister under subsection (1), authorize the acquisition of the interest for a public purpose approved by the Governor‑General.\n  (3) The Minister may cause to be published in the Gazette notice of the authorization by the Governor‑General and, in the notice, declare that the interest is acquired under this section for the public purpose approved by the Governor‑General.\n  (4) Upon publication of the notice in the Gazette or immediately after the commencement of section 69, whichever is the later, the interest to which the notice relates is, by force of this section:\n    (a) vested in the Commonwealth; and\n    (b) freed and discharged from any restriction, dedication or reservation made by or under any enactment (not being an interest to which subsection (6) applies);\n  to the intent that the legal estate in the interest, and all rights and powers incident to that estate or conferred by the Lands Acquisition Act 1989 in relation to that estate, are vested in the Commonwealth.\n  (5) An interest that may be acquired under this section may be an interest that did not previously exist as such.\n  (6) Upon the acquisition of an interest by the Commonwealth under this section, all interests that were held from the Territory immediately before the acquisition, being interests derived from the first‑mentioned interest, are, by force of this section, held from the Commonwealth on the same terms and conditions as those on which they were held from the Territory.\n  (7) The Secretary of the Department shall lodge with the registrar of titles of the Territory a copy of a notice published under this section, certified by writing signed by the Secretary.\n  (8) Upon the lodgment of a copy of a notice in accordance with subsection (7), the registrar of titles shall register the acquisition to which the notice relates in the manner as nearly as may be in which dealings with land are registered, and shall deal with and give effect to the copy of the notice as if it were a grant, conveyance, memorandum or instrument of transfer of the land or interest, as the case may be, to the Commonwealth duly executed under the laws in force in the Territory.\n  (9) The Commonwealth is not liable to pay to the Territory:\n    (a) any compensation in respect of an acquisition made under this section; or\n    (b) any duties, fees or other charges in respect of anything done under subsection (7) or (8).\n  (10) A notice shall not be published under this section after the expiration of one year after the commencing date.\n  (11) Where subsection (4) has effect in relation to an interest in land, that subsection has the like effect in relation to any interest vested in the Territory by subsection 69(4) in respect of minerals in or on that land.\n  (12) This section has effect despite anything contained in the Lands Acquisition Act 1989.","sortOrder":74},{"sectionNumber":"71","sectionType":"section","heading":"Contracts","content":"#### 71 Contracts\n\n  (1) The regulations may make provision for and in relation to:\n    (a) the substitution of the Territory for the Commonwealth as a party to a prescribed contract or a contract included in a class of prescribed contracts; and\n    (b) matters arising from, connected with or consequential upon any such substitution.\n  (2) In subsection (1), prescribed contract means a contract:\n    (a) which was subsisting immediately before the commencing date or was entered into on or after that date and before the date of commencement of the Northern Territory (Self‑Government) Amendment Act 1982;\n    (b) to which the Commonwealth is a party; and\n    (c) which relates to a matter specified under section 35;\n  other than a contract referred to in subsection 69(6).","sortOrder":75},{"sectionNumber":"72","sectionType":"section","heading":"Commonwealth to indemnify Territory","content":"#### 72 Commonwealth to indemnify Territory\n\n  (1) The Commonwealth shall indemnify the Territory, and keep the Territory indemnified, against any action, claim or demand brought or made against the Territory in respect of any act done or omitted to be done by or on behalf of the Commonwealth, being an action, claim or demand that, but for the operation of this Act, could be brought or made against the Commonwealth.\n  (2) The indemnification under subsection (1) extends to damages, expenses and costs arising from, connected with or consequential upon an action, claim or demand referred to in that subsection.","sortOrder":76},{"sectionNumber":"73","sectionType":"section","heading":"Validity of Ordinances","content":"#### 73 Validity of Ordinances\n\n  For the avoidance of doubt, it is hereby declared that an Ordinance made by the existing Legislative Assembly under the previous Act (including an Ordinance that was not assented to before the commencing date) is as valid as if it had been passed by the Legislative Assembly under this Act.","sortOrder":77},{"sectionNumber":"74","sectionType":"section","heading":"Agency arrangements","content":"#### 74 Agency arrangements\n\n  The Minister may arrange with the Administrator for the Territory to perform functions on behalf of the Commonwealth or for the Commonwealth to perform functions on behalf of the Territory.","sortOrder":78},{"sectionNumber":"75","sectionType":"section","heading":"Regulations","content":"#### 75 Regulations\n\n  (1) With the consent of the Administrator for the Territory acting with the advice of the Council, the regulations may make provision (including provision by way of modifications and adaptations of any Act) for and in relation to any matter arising from, consequential upon or otherwise connected with the establishment of the Territory as a body politic under the Crown.\n  (2) The power to make regulations under subsection (1) extends to the making of regulations expressed to take effect on and from a date earlier than the date of the making of the regulations, not being a date earlier than the commencing date.\n  (3) Regulations shall not be made under this section after 30 June 1979.","sortOrder":79}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"This version retains the original 1978 intent of establishing the Northern Territory as a self-governing body politic with a Legislative Assembly, Administrator, and Executive Council while transferring defined executive and property functions from the Commonwealth. Subsequent amendments have updated cross-references to contemporary Commonwealth legislation (for example, the Finance Minister definition and Fair Work Act 2009 interaction) but have not expanded the core grant of law-making power or fundamentally altered the division of responsibilities."},"complexity_factors":["Layered assent process for bills with separate rules for matters specified under s 35 versus other laws, including reservation for Governor-General's pleasure and recommended amendments (ss 7-8)","Detailed membership and disqualification rules with multiple triggers for vacancy, including bankruptcy, imprisonment, absenteeism, and pecuniary interest provisions (s 21)","Extensive transitional Part VII that cross-references and continues elements of the repealed Northern Territory (Administration) Act 1910, with specific savings for ordinances, officers, and property transfers (ss 56-75)","Multiple defined terms in s 4 plus further definitions in Part V and Part VII that interact with later Commonwealth statutes such as the Public Governance, Performance and Accountability Act 2013 and the Fair Work Act 2009","Nested procedural requirements for the Legislative Assembly, including quorum, Speaker appointments (both by Assembly and Administrator), standing orders, and validation of acts of unqualified members (ss 22-30)","Limitations on legislative power expressed through \"subject to this Act\" clauses, just terms acquisition rules (s 50), and explicit carve-outs for industrial relations matters (s 53)"],"plain_english_summary":"**The Northern Territory (Self-Government) Act 1978** turns the Northern Territory into its own political community (called a \"body politic\") under the Australian Crown. It creates an elected Legislative Assembly that can pass laws on almost any local issue, as long as the Administrator or Governor-General gives final approval in the ways the Act describes. The Act sets up an Administrator (appointed by the Governor-General) to run the government day-to-day, an Executive Council of Ministers chosen from the Assembly to advise on key decisions, and clear rules for elections, who can vote or stand for office, how debates and votes work, and how money can be spent or borrowed. It also moves land, minerals, and some responsibilities from the Commonwealth government to the Territory, protects free trade with the States, requires fair payment when property is taken, and contains detailed rules to keep old laws and officials working smoothly during the 1978 handover. It matters because it gives Territorians control over their own laws and services while keeping the Territory within Australia's federal system and preventing the Assembly from making laws on certain reserved topics."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"This Act is the original self-government framework for the Northern Territory. It has been amended over time, but its core purpose—granting self-government and establishing the structure of the Territory's government—has remained consistent. The scope has not fundamentally changed from its original intent."},"complexity_factors":["Over 20 defined terms in section 4","Multiple cross-references between sections (e.g., sections 7, 8, 35, 69, 70)","Detailed transitional provisions (Part VII) with numerous deeming clauses","Conditional logic in sections 21, 25, 26, 70","Exemptions and exceptions within provisions (e.g., section 21(1A), section 53(5)-(6))","Length of Act: approximately 75 sections across 7 Parts","Use of schedules for oaths and forms (not provided but referenced)","Historical references to previous Acts and amendments"],"plain_english_summary":"This Act gives the Northern Territory its own system of government, separate from direct Commonwealth control. It establishes the Northern Territory as a legal entity (a 'body politic') under the Crown, with its own Legislative Assembly (a parliament) that can make laws for the Territory. A person called the Administrator, appointed by the Governor-General, represents the Crown and must give final approval to laws passed by the Assembly. The Act also creates an Executive Council (a cabinet) made up of Ministers chosen by the Administrator from the Assembly. It sets out how elections work, who can vote, who can be a member, and how the Assembly runs its business. It includes rules on public money, borrowing, and property transfers from the Commonwealth to the Territory. The Act mostly replaces the earlier Northern Territory (Administration) Act 1910 and keeps existing laws in force until changed. It is the basic constitutional document for the Northern Territory's self-government."},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The Act's scope has remained consistent with its original purpose: granting the Northern Territory self-government while preserving Commonwealth oversight. The substantive provisions of the Act have been updated over time to reflect changes in Commonwealth machinery (e.g. references to the Fair Work Act 2009 replacing earlier industrial relations legislation, and the Public Governance, Performance and Accountability Act 2013 replacing earlier finance legislation), but these are machinery updates rather than expansions of purpose. The Act has always balanced territorial self-rule against Commonwealth constitutional supremacy, and that balance remains the core of the legislation. It has not grown into new policy areas beyond its original constitutional and administrative design."},"complexity_factors":["Dual assent mechanism — laws require approval from either the Administrator or the Governor-General depending on subject matter, creating branching conditional logic in sections 7 and 8","Layered Acting Speaker provisions in sections 25 and 26 with multiple cascading trigger conditions and termination events (up to 6 listed termination grounds in s.26(3))","Separate definition sections at the Act level (s.4) and Part level (ss.43 and 56), requiring cross-referencing across the Act","Approximately 20 defined terms spread across two interpretation sections, several of which incorporate further cross-references (e.g. 'enactment' refers back to ss.7 and 8)","Extensive transitional provisions (Part VII, ss.56–75) with numerous deeming provisions, savings clauses, and temporal conditions referring to the 'commencing date' of 1 July 1978 and to provisions of the repealed 1910 Act","Cross-references to at least 10 external Commonwealth Acts (including the Commonwealth Electoral Act 1918, Fair Work Act 2009, Public Governance Performance and Accountability Act 2013, Atomic Energy Act 1953, Lands Acquisition Act 1989, Remuneration Tribunal Act 1973)","Section 53 contains nested exceptions: a general prohibition on Territory industrial relations laws (s.53(5)), carved out by specific exceptions in s.53(6), with further interaction with the Fair Work Act 2009 flagged in a note","Section 69 (property transfer) contains complex land/minerals/personal property distinctions with multiple carve-outs and exceptions (including nuclear substances under the Atomic Energy Act)","The document as provided contains significant structural duplication — the full text of the Act appears to be repeated multiple times — which, while likely a formatting artefact, significantly increases apparent complexity","Commonwealth override powers (via Administrator and Governor-General) interact with Territory law-making powers in ways that require careful contextual reading of which authority applies to which class of matter"],"plain_english_summary":"## What This Law Does\n\nThe **Northern Territory (Self-Government) Act 1978** is the foundational law that gave the Northern Territory its own elected government and law-making powers, effective from 1 July 1978. Think of it as the Territory's \"mini-Constitution\" — it didn't make the NT a State, but it gave Territorians most of the practical tools of self-rule.\n\n---\n\n### Who It Affects\n\nThis law affects **everyone who lives in, does business in, or has dealings with the Northern Territory**. It also directly affects:\n- Elected members of the NT Legislative Assembly (parliament)\n- Territory Ministers and public officials\n- The Administrator (the Commonwealth's representative in the Territory, similar to a State Governor)\n- The Commonwealth Government, which retains oversight powers\n\n---\n\n### What It Actually Does\n\n**1. Creates the NT as a legal entity**\nThe Act formally establishes the Northern Territory as a \"body politic\" (a legal person capable of owning property, making contracts, and governing itself) under the Crown.\n\n**2. Sets up the Legislative Assembly (the NT's parliament)**\n- The Assembly can make laws for the \"peace, order and good government\" of the Territory — but only with the approval (called \"assent\") of the Administrator or, in some cases, the Governor-General (the Commonwealth's head representative)\n- Every law passed by the Assembly must go to the Administrator for approval. The Administrator can approve it, reject it, or send it up to the Governor-General for a final call\n- The Commonwealth retains a veto — it can block Territory laws it doesn't like\n- Voters must meet the same eligibility requirements as for federal elections\n- Elections must be held at least every 4 years\n- Members can be disqualified for things like bankruptcy, holding a paid Commonwealth job, or being imprisoned for a year or more\n\n**3. Sets up the Executive (the governing arm)**\n- An **Administrator** (appointed by the Governor-General — the federal government's representative) is in charge of running the Territory day-to-day\n- An **Executive Council** (made up of Territory Ministers) advises the Administrator\n- Territory Ministers are appointed by the Administrator from elected Assembly members\n- Critically, the Commonwealth retains significant control: the Administrator must follow instructions from the federal Minister on most matters\n\n**4. Governs Territory finances**\n- Territory money can only be spent as authorised by Territory law\n- The Commonwealth can lend money to the Territory\n- The Commonwealth's Auditor-General (the national financial watchdog) can audit Territory accounts\n\n**5. Sets constitutional-style protections**\n- Property can only be acquired on **\"just terms\"** (meaning fair compensation must be paid — similar to a protection that States have under the national Constitution)\n- Trade between the Territory and the States must be **free and unobstructed**\n- Commonwealth laws that bind the States automatically bind the Territory too (unless the law says otherwise)\n- The Territory **cannot** create its own industrial relations tribunals to hear workplace disputes — that power stays with the Commonwealth's Fair Work Commission\n\n**6. Manages the handover from the old system**\nA large section of the Act deals with the practical switchover from the previous arrangement (under the *Northern Territory (Administration) Act 1910*), including:\n- Transferring Commonwealth-owned land and minerals to the Territory\n- Carrying over existing laws, staff, and legal arrangements\n- Allowing the Commonwealth to buy back certain land from the Territory within one year\n- Ensuring continuity of the existing Assembly and office-holders\n\n---\n\n### Why It Matters\n\nThis Act is the reason the NT has its own government today. Before it, the Territory was essentially run as a department of the Commonwealth — Canberra called the shots. This Act handed Territorians the keys to their own parliament and public services, while keeping some important checks in place to reflect the NT's unique constitutional status (it is still a Territory, not a State, and does not have the same constitutional protections States enjoy).\n\n**The key limitation**: Unlike a State, the NT Legislative Assembly's powers are **granted by Commonwealth law** and can be overridden or taken away by the Commonwealth at any time. The Administrator's role as Commonwealth representative with real veto powers is a daily reminder of this difference."},"issue_detection":{"absurdities":[{"type":"retroactive_impossibility","section":"Section 2(1) and Section 70","severity":"medium","reasoning":"Section 70 is operative from Royal Assent, but its entire subject matter — interests vested by s.69(2) — does not come into existence until 1 July 1978. The machinery of s.70 cannot practically function before the commencing date, yet it is brought into force early, creating a window where the section exists but has nothing to operate on. The time limit in s.70(10) running from the 'commencing date' (a concept defined only in Part VII, commencing 1 July 1978) also creates a minor definitional tension for the early-commencing version of s.70.","confidence":0.75,"description":"Section 2(1) states that sections 1, 2, and 70 shall come into operation on the day of Royal Assent. However, section 70 deals with the acquisition of land interests that are 'vested or to be vested in the Territory by subsection 69(2)' — but section 69(2) only vests those interests 'on the commencing date' of 1 July 1978, which is after Royal Assent. Section 70 therefore comes into force before the interests it operates on actually exist, and subsection 70(10) prohibits publication of notices after one year from the commencing date — a date that is itself defined in Part VII which does not commence until 1 July 1978."},{"type":"circular_definition","section":"Section 13(2) and Section 23","severity":"medium","reasoning":"The definition of 'enactment' in s.4 requires a law passed by the Legislative Assembly and assented to under s.7 or s.8. But the size of the Assembly (s.13(2)) and its quorum (s.23) are both determined by enactment. Without an enactment fixing membership, the Assembly cannot be properly constituted; without a quorum, it cannot pass an enactment. The Act addresses this partially via ss.59(4) and 64 (transitional defaults of 19 members and quorum of 10), but once those transitional provisions expire, the circularity re-emerges if no enactment has been passed.","confidence":0.8,"description":"Section 13(2) provides that the Legislative Assembly shall consist of such number of members 'as is provided by enactment', and section 23 provides that the quorum shall be 'as prescribed by enactment'. An 'enactment' is defined in s.4 as a law passed by the Legislative Assembly and assented to. This creates a bootstrapping problem: before the Legislative Assembly can pass an enactment fixing its own membership number or quorum, it must already be constituted and have a quorum — but those depend on the enactment it cannot yet pass."},{"type":"impossible_compliance","section":"Section 24(1)","severity":"low","reasoning":"This is a classic chicken-and-egg problem familiar in parliamentary law. The Assembly must elect a Speaker before any other business, but it needs someone to preside over the election of the Speaker. The Act provides no mechanism for who presides at this initial election. In practice, parliaments use a temporary chair (often the Clerk or oldest member), but the Act is silent on this. Section 26 (Administrator appointing an Acting Speaker) might bridge the gap but strictly applies only where a Speaker vacancy already exists after the Assembly has been operating.","confidence":0.65,"description":"Section 24(1) requires that the Legislative Assembly, 'before proceeding to the despatch of any other business', shall choose a Speaker. However, to conduct any business — including the election of a Speaker — the Assembly must first constitute a quorum (s.23). The quorum is prescribed by enactment (s.23), which itself requires the Assembly to meet and pass legislation. More immediately, if there is no Speaker, the Assembly arguably cannot proceed to elect one without someone presiding, yet the presiding officer's authority derives from being elected Speaker."},{"type":"impossible_compliance","section":"Section 10","severity":"medium","reasoning":"Section 8 sets out what the Governor-General must do when a law is reserved — declare assent, withhold assent, or withhold in part — but imposes no obligation to provide reasons. Section 10 then requires the Administrator to lay a message before the Assembly stating the reasons for the Governor-General's withholding. If the Governor-General provides no reasons, the Administrator cannot comply with s.10's requirement to state them. This is a genuine compliance gap, not merely a drafting infelicity.","confidence":0.85,"description":"Section 10 requires that where the Governor-General withholds assent to a proposed law, 'a message of the Administrator stating the reasons for the withholding of assent shall be laid before the Legislative Assembly'. However, the Governor-General is not obliged under s.8 to provide reasons for withholding assent to the Administrator, nor is any such obligation implied. The Administrator cannot state reasons they have not been given."},{"type":"self_contradicting","section":"Section 40(5)","severity":"medium","reasoning":"If both the Administrator (who is absent from the Territory) and the Acting Administrator can simultaneously exercise the same powers, and one grants assent while the other withholds it to the same proposed law, or one convenes the Council and the other prorogues the Assembly, there is no provision in the Act to determine which exercise prevails. This goes beyond the usual concurrent-authority provision and creates a genuine operational ambiguity.","confidence":0.7,"description":"Section 40(5) provides that the exercise of powers by an Acting Administrator 'during the absence of the Administrator from the Territory does not prevent the exercise or performance by the Administrator of any of those powers or functions.' This means both the Administrator and the Acting Administrator can simultaneously exercise the same powers — including mutually contradictory decisions — with no resolution mechanism provided."},{"type":"self_contradicting","section":"Section 70(9)(a)","severity":"high","reasoning":"Section 50(2) of the same Act guarantees just terms for property acquisitions in the Territory. Section 70(9)(a) expressly removes any entitlement to compensation for acquisitions under s.70. Section 50(2) says it applies 'subject to section 70', which creates the carve-out, but this 'subject to' language in s.50 is the only reconciliation mechanism — it effectively permits the Commonwealth to acquire NT land for free under s.70, which is a significant internal tension. The 'subject to section 70' qualification in s.50(2) does resolve the contradiction textually, but the outcome — that the just terms guarantee is entirely negated for a potentially large class of land acquisitions — borders on the absurd given the stated protective purpose of s.50.","confidence":0.72,"description":"Section 70(9)(a) provides that 'the Commonwealth is not liable to pay to the Territory any compensation in respect of an acquisition made under this section.' However, s.50(2) provides that 'the acquisition of any property in the Territory... shall not be made otherwise than on just terms.' Section 70(12) attempts to override inconsistent legislation but does not override s.50 of the same Act."},{"type":"circular_definition","section":"Section 30","severity":"low","reasoning":"This is a minor drafting ambiguity rather than a deep logical flaw. 'Law of the Territory' is not defined in the Act and may have a broader meaning than 'enactment'. The provision is workable in practice but slightly incoherent at the margins.","confidence":0.5,"description":"Section 30 empowers the Legislative Assembly to make standing rules and orders 'not inconsistent with a law of the Territory.' However, an 'enactment' (which is the form a territorial law takes under this Act) requires assent under s.7 or s.8. Standing rules and orders do not go through the assent process, so they are not 'enactments'. It is therefore unclear what 'a law of the Territory' means here — if it includes enactments, standing rules can never be inconsistent with them (which is sensible), but if 'law of the Territory' includes the standing rules themselves, a rule cannot be inconsistent with itself."},{"type":"other","section":"Section 22(2) and Section 63","severity":"low","reasoning":"This is more of a practical oddity than a true legal absurdity, but it illustrates a tension: the number required to call a session equals the quorum, so the same bloc of members who forced the session must all attend for the session to be valid. Not a legal impossibility, but an amusing structural quirk.","confidence":0.6,"description":"Section 22(2) requires that a session be convened at the request of 'such number of members... as is prescribed by enactment', with the transitional default in s.63 being 10 members. Section 64 sets the quorum at 10. If a session is demanded by exactly 10 members (the minimum under s.63) and the quorum is also 10 (s.64), the entire demand for a session could be made by members who together constitute the full quorum — meaning a bare quorum of members can force a session, but if any one of them is absent when the session convenes, the Assembly cannot meet."}],"contradictions":[{"severity":"high","section_a":"Section 50(2)","section_b":"Section 70(9)(a)","confidence":0.82,"description":"Section 50(2) guarantees that acquisitions of property in the Territory shall not be made 'otherwise than on just terms', mirroring the constitutional protection in s.51(xxxi). Section 70(9)(a) expressly provides that the Commonwealth is not liable to pay any compensation for acquisitions made under s.70. While s.50(2) contains a 'subject to section 70' carve-out that attempts to reconcile these provisions, the result is a direct collision between a stated guarantee of just terms and a mechanism for no-compensation acquisition — both within the same Act."},{"severity":"medium","section_a":"Section 33(5)","section_b":"Section 33(1) and Section 33(4)","confidence":0.75,"description":"Section 33(5) provides that 'meetings of the Council shall be convened by the Administrator and not otherwise', giving the Administrator exclusive power to convene the Council. However, s.33(1) establishes the Council to 'advise the Administrator', and s.33(4) allows the Administrator to introduce matters for discussion. This means the body whose purpose is to advise the Administrator can only meet when the Administrator chooses to convene it — the Administrator could effectively neutralise the Council by simply not convening it, undermining the advisory function the Council is meant to serve."},{"severity":"medium","section_a":"Section 36","section_b":"Section 33(2)","confidence":0.7,"description":"Section 33(2) provides that the Council 'shall consist of the persons for the time being holding Ministerial office.' Section 36 gives the Administrator unfettered power to appoint members of the Legislative Assembly to Ministerial Office 'and may, at any time, terminate the appointment.' This means the Administrator controls the entire composition of the body (the Council) that is supposed to advise the Administrator, and can remove all its members at will, rendering the advisory function illusory."},{"severity":"low","section_a":"Section 13(2)","section_b":"Section 59(4)","confidence":0.65,"description":"Section 13(2) provides that the Legislative Assembly shall consist of such number of members 'as is provided by enactment' — meaning the number is indefinite and legislature-dependent. Section 59(4) provides a default of 19 members 'until provision is made by enactment'. These provisions are not strictly contradictory, but s.13(2) as a permanent provision creates an indefinite assembly size, while s.59(4) implies a fixed transitional default. If no enactment is ever passed under s.13(2), s.59(4)'s 'until' clause would never be satisfied — leaving the Assembly permanently at 19 members by transitional default rather than by enactment as s.13(2) requires."},{"severity":"low","section_a":"Section 7(2)(a)","section_b":"Section 7(2)(b)","confidence":0.6,"description":"For proposed laws relating only to matters specified under s.35, the Administrator may only assent or withhold assent (s.7(2)(a)) — the option to reserve for the Governor-General's pleasure is not available. For all other proposed laws (s.7(2)(b)), reservation is available. This creates an asymmetry where laws on devolved matters (s.35 matters, i.e., those within the Territory's executive authority) receive less federal oversight opportunity than laws on non-devolved matters — the opposite of what one might expect. While this may be deliberate policy, it creates a structural tension where the Territory's own executive matters are subject to a more constrained assent process."},{"severity":"medium","section_a":"Section 40(4)","section_b":"Section 40(5)","confidence":0.78,"description":"Section 40(4) provides that an Acting Administrator 'has, and may exercise and perform, all the powers and functions of the Administrator.' Section 40(5) provides that this does not prevent the Administrator from also exercising those same powers during the Administrator's absence from the Territory. Both the Administrator and Acting Administrator may therefore simultaneously hold and exercise the same full suite of powers, with no hierarchy or conflict-resolution mechanism provided in the Act."}]}},"importantCases":[],"_links":{"self":"/api/acts/northern-territory-self-government-act-1978","history":"/api/acts/northern-territory-self-government-act-1978/history","analysis":"/api/acts/northern-territory-self-government-act-1978/analysis","conflicts":"/api/acts/northern-territory-self-government-act-1978/conflicts","importantCases":"/api/acts/northern-territory-self-government-act-1978/important-cases","documents":"/api/acts/northern-territory-self-government-act-1978/documents"}}