{"id":"sa:commonwealth-places-administration-of-laws-act-1970","name":"Commonwealth Places (Administration of Laws) Act 1970","slug":"sa-commonwealth-places-administration-of-laws-act-1970","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":438030,"registerId":"sa:commonwealth-places-administration-of-laws-act-1970-seed-1775954626435-d3cq9a","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Commonwealth Places (Administration of Laws) Act 1970","content":"South Australia\nCommonwealth Places (Administration of Laws) Act 1970\nAn Act relating to the administration of laws of the Commonwealth and of the State in Commonwealth places and for other purposes.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tArrangements with the Commonwealth\n5\tAuthorities may act under Commonwealth Law\n6\tCauses of action\n7\tValidation of certain acts\n8\tDouble jeopardy\n9\tForm of instruments\n10\tObjection not allowable where two offences charged\n11\tContinuance of proceedings where place is not a Commonwealth place\n12\tProceedings on certain appeals\n13\tCertificates as to ownership of land\n14\tSavings\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Commonwealth Places (Administration of Laws) Act 1970.\n3—Interpretation\nIn this Act, unless the contrary intention appears—\nAuthority in relation to the State means—\n\t(a)\tthe Governor, a Minister or a member of the Executive Council of the State; and\n\t(b)\ta court of the State; and\n\t(c)\ta person who holds office as a member of a court of the State; and\n\t(d)\ta body created by or under the law of the State; and\n\t(e)\tan officer or employee of the State or of a body referred to in the last preceding paragraph;\nCommonwealth place means a place (not being the seat of Government) whether within or without the State with respect to which the Parliament of the Commonwealth has, by virtue of section 52 of the Constitution of the Commonwealth of Australia, subject to that Constitution, exclusive power to make laws for the peace, order and good government of the Commonwealth;\nthe applied provisions means the provisions of the laws of the State that apply or are to be deemed to have applied in or in relation to Commonwealth places by virtue of the Commonwealth Act;\nthe Commonwealth Act means the Commonwealth Places (Application of Laws) Act 1970 of the Commonwealth and, if that Act is amended, includes that Act as amended;\nthe laws of the State means the laws in force in the State, whether written or unwritten and as in force for the time being and instruments made or having effect under those laws but does not include a law of the Commonwealth, whether written or unwritten, or an instrument made or having effect under such a law and law of the State has a corresponding meaning.\n4—Arrangements with the Commonwealth\n\t(1)\tWhere, under a law of the State, provision is made for or in relation to the exercise or performance of a power, duty or function by an Authority of the State (not being a court) and under the applied provisions, provision is made for or in relation to the exercise or performance of a like power, duty or function, the Governor may make an arrangement with the Governor-General of the Commonwealth for the exercise or performance of that power, duty or function under the applied provisions by an Authority of the State (not being a court) in and in relation to Commonwealth places as provided in the arrangement.\n\t(2)\tThe Governor may make an arrangement with the Governor-General with respect to any matter necessary or convenient for the purpose of carrying out or giving effect to the Commonwealth Act in or in relation to the State.\n\t(3)\tAn arrangement under this section may contain such incidental or supplementary provisions as the Governor and the Governor-General think necessary.\n\t(4)\tThe Governor may arrange with the Governor-General for the variation or revocation of any arrangement in force under this section.\n5—Authorities may act under Commonwealth Law\nNotwithstanding the provisions of any law of the State, an Authority may—\n\t(a)\texercise or perform the powers or functions that it or he is empowered to exercise or perform under the Commonwealth Act; and\n\t(b)\tact in any office or capacity in accordance with the provisions of an arrangement in force under the last preceding section,\nin addition to carrying out its or his duties as an Authority under the laws of the State.\n6—Causes of action\nWhere an act or omission gives, or gave, to a person a cause of action under a law of the State and also gives, or gave, to that person a cause of action under a part of the applied provisions to which that law corresponds and the cause of action under the applied provisions has been extinguished the cause of action under the law of the State is also extinguished.\n7—Validation of certain acts\nWhere an Authority or a person has done an act in the purported exercise or performance of a power, duty or function under the applied provisions and that act could have been done by that Authority or person in the exercise or performance of a power, duty or function under the laws of the State, that act shall be deemed to have been done by that Authority or person in the exercise or performance of the power, duty or function under the law of the State.\n8—Double jeopardy\n\t(1)\tWhere an act or omission constitutes an offence under both the laws of the State and the applied provisions and the offender has been punished for the offence under the applied provisions he shall not be liable to be punished for the offence under the law of the State.\n\t(2)\tAny reference in the laws of the State to a conviction, punishment, penalty or forfeiture under a law of the State shall be deemed to include a reference to a conviction, punishment, penalty or forfeiture under that part of the applied provisions that corresponds to that law.\n9—Form of instruments\nIn so far as an instrument or other writing that relates to an act, matter or thing that has a connection with a place in the State that is a Commonwealth place refers to a provision as part of the applied provisions and that provision does not have effect in or in relation to that act, matter or thing, that reference has effect as if it were a reference to that part of the law of the State that corresponds to that provision.\n10—Objection not allowable where two offences charged\nObjection shall not be allowed in any proceedings in which an offence is alleged against a law of the State by reason only that in the proceedings an offence is also alleged against a part of the applied provisions to which that law corresponds.\n11—Continuance of proceedings where place is not a Commonwealth place\nWhere a person is charged with an offence against a provision as a part of the applied provisions and the court before which he is charged is satisfied that—\n\t(a)\tthat provision was not a part of the applied provisions; and\n\t(b)\ta law of the State corresponds to that provision,\nthe proceedings shall be continued as though that person had been charged with an offence against the law of the State that corresponds to that provision.\n12—Proceedings on certain appeals\nWhere, on an appeal from a judgment, decree, order or sentence in proceedings under a provision as part of the applied provisions a court is satisfied that—\n\t(a)\tthat provision was not a part of the applied provisions; and\n\t(b)\ta law of the State corresponds to that provision,\nthe court shall deal with the appeal as though the proceedings in relation to which the appeal was brought had been brought under that law and the judgment, decree, order or sentence had been given or made in proceedings so brought.\n13—Certificates as to ownership of land\n\t(1)\tA certificate in writing given by an authorised person—\n\t(a)\tas to the ownership of land, or of an estate or interest in land, specified in the certificate, on a date or during a period so specified; or\n\t(b)\tas to the existence and ownership, on a date or during a period specified in the certificate, of a right so specified in respect of land so specified,\nis, in proceedings under or purporting to be under, the law of the State in which any question arises whether a place is a Commonwealth place, evidence of the matters stated in the certificate.\n\t(2)\tFor the purposes of subsection (1) of this section a writing purporting to be a certificate referred to in that subsection shall, unless the contrary is proved, be deemed to be such a certificate and to have been duly given.\n\t(3)\tIn this section—\nauthorised person has the same meaning as in section 17 of the Commonwealth Act.\n14—Savings\n\t(1)\tWhere, upon a place becoming or having become a Commonwealth place, a law of a State ceases or ceased to have effect in or in relation to that place—\n\t(a)\tthe previous operation of that law or anything duly done or suffered under that law is not affected; and\n\t(b)\tany right, privilege, obligation or liability acquired, accrued or incurred under that law is not affected; and\n\t(c)\tany penalty, forfeiture or punishment incurred in respect of an offence committed against that law is not affected; and\n\t(d)\tany investigation, legal proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture or punishment referred to in either paragraph (b) or (c) of this subsection is not affected; and\n\t(e)\tany such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if the law had not so ceased to have effect.\n\t(2)\tSubject to subsection (3) of this section when a place ceases or has ceased to be a Commonwealth place at a particular time the laws of the State in force at that particular time apply in or in relation to that place as if those laws had come into operation at that particular time and every Act, whether passed before or after the commencement of this Act, and every instrument made or having effect under any such Act, shall be read and construed as if it provided expressly that it was intended to so apply.\n\t(3)\tWhen a place ceases or has ceased to be a Commonwealth place at a particular time all persons, things and circumstances appointed or created by or under the applied provisions in or in relation to that place or existing or continuing under the applied provisions in or in relation to that place immediately before the applied provisions cease or ceased to have effect in or in relation to that place by reason of that place ceasing or having ceased to be a Commonwealth place shall under and subject to the laws of the State continue or shall be deemed to have continued to have the same status, operation and effect as they respectively would have had if they had been appointed or created or existed or continued under the laws of the State.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act\nYear\nNo\nTitle\nAssent\nCommencement\n1970\n64\nCommonwealth Places (Administration of Laws) Act 1970\n17.12.1970\n18.3.1971 (Gazette 18.3.1971 p1143)\nProvisions amended since 3 February 1976\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Act continues to implement the application of State laws to Commonwealth places and to provide mechanisms for arrangements, validation, dispute handling and transitions. The text shows no substantive widening or narrowing of that core scope; it operates by reference to the Commonwealth Places (Application of Laws) Act and preserves existing rights and proceedings when place status changes."},"complexity_factors":["Cross‑jurisdictional interaction between State laws and a Commonwealth application scheme (heavy reliance on the Commonwealth Act and 'applied provisions')","Discretion and coordination required between the Governor and the Governor‑General to make, vary or revoke arrangements (s 4)","Validation and extinguishment rules affecting causes of action and statutory rights (ss 6–7)","Double jeopardy and evidentiary adjustments affecting criminal proceedings and sentencing (s 8)","Transitional and savings provisions governing changes in a place's status and continuity of persons/things created under applied provisions (s 14)","Procedural rules for correcting charges and appeals when a provision is not actually applied (ss 11–12)","Dependence on certified fact evidence of land ownership for jurisdictional questions (s 13)","Multiple cross‑references and terms defined by reference to external Commonwealth legislation increase interpretive work"],"plain_english_summary":"This Act lets the Governor agree with the Governor‑General so State authorities can carry out powers and duties under State laws as they are applied to Commonwealth places. It validates acts done under those arrangements, prevents double punishment for the same conduct, and preserves rights and proceedings when a place becomes or ceases to be a Commonwealth place (see ss 4–7, 8, 11–14).\n\nIt affects State authorities, people with claims or prosecutions tied to Commonwealth places, and land‑ownership evidence; it matters because it determines who enforces rules, who bears compliance costs, and how legal risks and remedies transfer."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: facilitating the administration of laws in Commonwealth places and managing the interface between state and federal jurisdiction. The provisions address specific technical problems (double jeopardy, validation of acts, savings on transition) that were foreseeable consequences of the constitutional arrangement, without expanding into broader policy areas."},"complexity_factors":["Multiple cross-references to the federal 'Commonwealth Places (Application of Laws) Act 1970' and its defined terms","Nested conditional logic in sections 11–12 requiring courts to determine (a) whether a provision was actually part of 'applied provisions' and (b) whether a corresponding state law exists","Technical savings provisions in section 14 with five sub-paragraphs preserving rights, liabilities, and proceedings across jurisdictional transitions","Abstract defined terms including 'Authority', 'Commonwealth place', and 'applied provisions' that require understanding of constitutional law (section 52 of the Constitution)","Dual operation provisions allowing state authorities to act under both state and federal law simultaneously (section 5)"],"plain_english_summary":"This South Australian law coordinates state and federal law in Commonwealth places (airports, defence bases, etc.), allowing state officials to enforce federal law under formal arrangements and treating certain state acts as valid even after areas become federal. It prevents double punishment, corrects technical errors in documents or references, and validates actions taken in good faith. It matters to police, regulators, people charged in Commonwealth places, and anyone with pre-existing rights or obligations there, preventing legal gaps and procedural unfairness."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/sa-commonwealth-places-administration-of-laws-act-1970","history":"/api/acts/sa-commonwealth-places-administration-of-laws-act-1970/history","analysis":"/api/acts/sa-commonwealth-places-administration-of-laws-act-1970/analysis","conflicts":"/api/acts/sa-commonwealth-places-administration-of-laws-act-1970/conflicts","importantCases":"/api/acts/sa-commonwealth-places-administration-of-laws-act-1970/important-cases","documents":"/api/acts/sa-commonwealth-places-administration-of-laws-act-1970/documents"}}