{"id":"C1922A00028","name":"Seat of Government Acceptance Act 1922","slug":"seat-of-government-acceptance-act-1922","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"28 of 1922","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":534,"registerId":"C1922A00028","compilationNumber":"0","startDate":"1922-10-18","status":"InForce","reasons":[],"registeredAt":"2013-01-23T21:01:14.317Z"},"sections":[{"sectionNumber":"Preamble","sectionType":"section","heading":"Preamble","content":"##### Preamble\n\n  WHEREAS on the eighteenth day of October, One thousand nine hundred and nine, the Commonwealth and the State of New South Wales (in this Act referred to as the State) entered into an Agreement (in this Act referred to as the Agreement) for the surrender to and acceptance by the Commonwealth, of territory for the purposes of the Seat of Government, subject to approval by the Parliaments of the Commonwealth and of the State and the passing of legislation by the said Parliaments ratifying and confirming the Agreement:\n  And whereas by an Act intituled the Seat of Government Surrender Act 1909 the Parliament of the State ratified and confirmed the Agreement:\n  And whereas by an Act intituled the Seat of Government Acceptance Act 1909 the Parliament of the Commonwealth ratified and confirmed the Agreement:\n  And whereas certain errors and misdescriptions exist in the descriptions of lands set forth in clause five of the Agreement:\n  And whereas the Commonwealth and the State have entered into an Agreement (in this Act referred to as the amending Agreement) subject to approval, ratification and confirmation by the Parliaments of the Commonwealth and of the State, to vary the Agreement with a view to correction the errors and misdescriptions existing in clause five of the Agreement:\n  And whereas it is desirable that the amending Agreement should be approved ratified and confirmed:\n  Be it therefore enacted by the King’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title and citation","content":"##### 1 Short title and citation\n\n  This Act may be cited as the Seat of Government Acceptance Act 1922.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"##### 2 Commencement\n\n  This Act shall commence on a day to be fixed by Proclamation, after the Parliament of the State has passed an Act ratifying and confirming the amending Agreement.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Ratification of amending Agreement","content":"##### 3 Ratification of amending Agreement\n\n  The amending Agreement, which is set out in the Schedule to this Act, is hereby approved, ratified and confirmed.","sortOrder":3},{"sectionNumber":"The Schedule","sectionType":"part","heading":"The Schedule","content":"# The Schedule\n\nAGREEMENT made the second day of September One thousand nine hundred and twenty between the COMMONWEALTH OF AUSTRALIA (hereinafter called the “Commonwealth”) of the one part and the STATE OF NEW SOUTH WALES (hereinafter called the “State”) of the other part Whereas by an agreement dated the eighteenth day of October One thousand nine hundred and nine made between the parties hereto it was agreed (inter alia) that certain lands described in clause five thereof should be granted by the State to the Commonwealth so far as the same were not already vested in the Commonwealth without payment therefor and it was agreed that the said agreement now in recital should not in any way be binding unless and until it was approved by the Parliaments of the Commonwealth and of the State and WHEREAS the Act of the Commonwealth No. 23 of 1909 intituled the “Seat of Government Acceptance Act, 1909” and the Act of the State No. 14 of 1909 intituled the “Seat of Government Surrender Act, 1909” respectively ratified and confirmed the said agreement And Whereas by proclamation under the hand of His Excellency the Right Honourable Frederic John Napier Baron Chelmsford Knight Commander of the Most Distinguished Order of St. Michael and St. George Governor of the State and its dependencies in the Commonwealth of Australia and published in the Government Gazette of the State of the fifteenth day of December One thousand nine hundred and nine it was proclaimed that the said “Seat of Government Surrender Act, 1909” should come into force on and from Wednesday the fifteenth day of December One thousand nine hundred and nine And Whereas by proclamation under the hand of His Excellency the Right Honourable Frederic John Napier Baron Chelmsford Knight Commander of the Most Distinguished Order of St. Michael and St. George Administrator of the Government of the Commonwealth of Australia and published in the Commonwealth of Australia Gazette of the twentieth day of January One thousand nine hundred and ten Saturday the twenty‑second day of January One thousand nine hundred and ten was fixed as the day upon which the “Seat of Government Acceptance Act, 1909” should commence And Whereas certain errors and misdescriptions have been found in the descriptions of the lands described in clause Five aforesaid Now it is hereby agreed as follows:\n\n1. Clause 5 of the said agreement of the eighteenth day of October One thousand nine hundred and nine shall be deleted and the following clause substituted therefor:\n\n“The State shall grant to the Commonwealth (so far as the same are not already vested in the Commonwealth) without payment therefor areas of land at Sussex Haven and at and near Jervis Bay described in the Schedule hereto.”\n\n2. The legislation to be passed by the State shall repeal the Third Schedule of the Act of the State No. 14 of 1909 above mentioned and the Schedule hereto shall be substituted therefor.\n\n3. Nothing in this agreement shall be taken to derogate from the surrender of territory effected by the agreement between the parties hereto dated the twenty‑third day of September One thousand nine hundred and thirteen as ratified and confirmed by the “Seat of Government Surrender Act, 1915, No. 9” of the State and the “Jervis Bay Territory Acceptance Act, 1915, No. 19” of the Commonwealth.\n\n4. This agreement shall not in any way be binding unless and until it is approved by the Parliaments of the Commonwealth and of the State and legislation is passed by such Parliaments respectively ratifying and confirming it.\n\nTHE SCHEDULE\n\nEastern Division Land District of Nowra County of St. Vincent Parish of Bherwerre area about two square miles commencing on the high‑water mark of Jervis Bay at the south‑western corner of Portion thirty of Forty acres and bounded thence on the east by a line bearing south eighty chains on the south by a line bearing west one hundred and ninety‑seven chains on the west by a line bearing north to the aforesaid high‑water mark and on all other sides by that high‑water mark bearing generally easterly to the point of commencement.\n\nEastern Division Land District of Nowra County of St. Vincent Parish of Bherwerre containing an area of One hundred and thirty‑two acres. The Crown Lands within Bowen Island situated in the South Pacific Ocean at the mouth of Jervis Bay northerly of Governor Head shown on plan catalogued Ms 1276 Sy in the Department of Lands, Sydney.\n\nEastern Division Land District of Nowra County of St. Vincent Parish of Bherwerre area Four hundred and twelve acres. The Crown Lands within the following boundaries: Commencing on the high‑water mark of Jervis Bay at the north‑eastern corner of Portion twenty‑one of Forty acres and bounded thence on the west by the eastern boundary of that portion bearing south no degrees thirty‑one minutes west ten chains forty‑five links on the north by part of the southern boundary of that portion bearing north eighty‑nine degrees twenty‑one minutes west thirteen chains seventy‑four links again on the west by a road one chain wide dividing it from Portion twenty of Forty acres bearing south no degrees thirty‑six minutes west twenty‑one chains twenty‑six links again on the north by that road dividing it from Portion 20 bearing north eighty‑nine degrees fifteen minutes west five chains sixty links again on the west by that road dividing it from Portion 30 of Forty acres bearing south no degrees forty‑two minutes west twenty chains six links thence by a line south thirteen chains ninety‑two links on the south‑west by a line bearing south sixty‑nine degrees twelve minutes east eighteen chains twenty‑five links again on the west by a line a road one chain wide dividing it from Portion 31 of Two acres and another line in all bearing south no degrees twenty‑five minutes west nine chains ninety‑seven links again on the south‑west by a line and a road one chain wide dividing it from Portion 33 of Ten acres in all bearing south twenty degrees east twenty‑nine chains thirteen links on the south by a line bearing east twenty‑one chains twenty‑eight links to the high‑water mark of the South Pacific Ocean and thence by that high‑water mark and the high‑water mark of Jervis Bay aforesaid bearing generally northerly and westerly to the point of commencement shown on Plan catalogued Ms 1392 Sy in the Department of Lands Sydney.\n\nEastern Division Land District of Milton County of St. Vincent Parish of Farnham area One hundred and three acres. The Crown Lands within the following boundaries: Commencing on the high‑water mark of the South Pacific Ocean at a point south twenty‑one chains thirty‑eight links from a point west ten chains from Farnham Trigonometrical Station and bounded thence on the west by a line north thirty chains fifty‑five links on the north by a line east twenty‑eight chains seven links to the high‑water mark of Sussex Haven thence by the high‑water mark of Sussex Haven and the South Pacific Ocean generally southerly and westerly to the point of commencement shown on Plan catalogued Ms 1399 Sy in the Department of Lands Sydney.\n\nEastern Division Land District of Nowra County of St. Vincent Parish of Beecroft area One thousand six hundred and fifty acres. The Crown Lands within the following boundaries: Commencing at a point at a wharf on the high‑water mark of Jervis Bay being the intersection of that high‑water mark with the production north‑westerly of a south‑western side of the surveyed road shown on plan catalogued Ms 1395 Sy in the Department of Lands Sydney to Point Perpendicular Lighthouse thence by that production and that south‑western side of that surveyed road bearing one hundred and fifty‑two degrees fifty‑three minutes three hundred and sixteen links thence by western south‑western and southern sides of that road being lines bearing one hundred and seventy‑three degrees forty‑three minutes four hundred and eighteen decimal two links one hundred and ninety degrees fifty‑five minutes three hundred and sixty decimal nine links one hundred and eighty‑three degrees forty‑nine minutes two thousand and five decimal seven links one hundred and twenty‑four degrees thirty minutes seven hundred and fifty‑four decimal six links one hundred and thirteen degrees five minutes one thousand two hundred and one links one hundred and eighteen degrees thirty minutes nine hundred and seventy‑nine decimal seven links and eighty‑six degrees fifteen minutes three hundred and seventy‑three decimal five links thence by lines bearing one hundred and seventy‑nine degrees four minutes five thousand three hundred and sixty decimal five links one hundred and twenty‑eight degrees thirty‑nine minutes nine thousand one hundred and fourteen decimal seven links and one hundred degrees six minutes five thousand one hundred and fifty decimal six links to a post which bears two hundred and eighty degrees six minutes and is distant three hundred and fifty‑nine decimal eight links from a post marked  over A over ninety‑eight and shown on plan Ms 1395 Sy aforesaid and thence by lines bearing forty‑nine degrees thirty‑nine minutes ten thousand and twenty‑nine decimal six links twenty degrees seventeen minutes eight thousand seven hundred and eighty‑nine decimal three links three hundred and twenty‑six degrees thirty minutes six thousand five hundred and two decimal five links and ninety‑nine degrees thirty minutes two thousand eight hundred and ten links to a point on the high‑water mark of the South Pacific Ocean bearing two hundred and seventy‑nine degrees thirty minutes from the northern extremity of the Drum and Drumsticks Islands thence generally southerly easterly southerly and south‑westerly by part of that high‑water mark to its intersection at Point Perpendicular with the eastern boundary of Portion 5 of Ten acres Parish of Beecroft thence northerly westerly and southerly by the eastern northern and western boundaries respectively of that Portion to a point on the high‑water mark of Jervis Bay and thence generally northerly north‑westerly southerly westerly and northerly by part of that high‑water mark to the commencing point shown on plan catalogued Ms 5228 Sy in the Department of Lands Sydney. The bearings quoted in this last description are according to the true meridian.\n\nSIGNED by the GOVERNOR of the STATE OF NEW SOUTH WALES with the advice and consent of the Executive Council thereof for and on behalf of that State AND SEALED with the Public Seal of that State on the second day of September One thousand nine hundred and twenty.\n\n| (Sealed) | (Signed) W. E. DAVIDSON,     |\n| -------- | ---------------------------- |\n|          | Governor of New South Wales. |\n\nBy Command:\n\nSIGNED BY THE GOVERNOR‑GENERAL of the COMMONWEALTH OF AUSTRALIA with the advice and consent of the Executive Council thereof for and on behalf of the Commonwealth AND SEALED with the Seal of the Commonwealth on the twentieth day of October One thousand nine hundred and twenty.\n\n| (Sealed) | (Signed) FORSTER, |\n| -------- | ----------------- |\n|          | Governor‑General  |\n\nBy Command:","sortOrder":4}],"analysis":{"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"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act is narrowly confined to its original and singular purpose: ratifying an amending agreement between the Commonwealth and NSW regarding the acceptance of land for the seat of government. It does not appear to have expanded beyond that purpose. It remains a tight, single-issue instrument consistent with its 1922 intent."},"complexity_factors":["Very short Act — only 3 operative sections plus a Preamble and one Schedule","Minimal defined terms — no dedicated interpretation section","Single operative provision (ratification of an agreement) with no conditional logic","Complexity is largely deferred to the Schedule, which contains the actual agreement terms","Cross-references to earlier Seat of Government legislation add a small layer of context-dependency"],"plain_english_summary":"The Act formally ratifies an agreement between the Commonwealth and New South Wales that amends the original land‑transfer arrangements for the national capital. It updates the legal basis by which territory was handed to the Commonwealth and thus affects the Commonwealth, NSW, and anyone whose rights or governance in the Australian Capital Territory depend on that foundational transfer."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: correcting technical errors in land descriptions for the 1909 Seat of Government Agreement. It does not expand beyond this remedial function or introduce new policy areas."},"complexity_factors":["Extensive verbatim inclusion of a 1920 inter-governmental agreement with archaic formal language ('WHEREAS', 'hereto', 'aforesaid')","Detailed metes-and-bounds land descriptions with precise surveying terminology (chains, links, bearings, degrees, minutes) occupying majority of text","Multiple cross-references to earlier legislation (Seat of Government Acceptance Act 1909, Seat of Government Surrender Act 1909, Jervis Bay Territory Acceptance Act 1915, Seat of Government Surrender Act 1915)","Conditional commencement clause dependent on NSW legislative action (Proclamation trigger)","Nested historical context requiring understanding of 1909, 1913, and 1915 agreements to fully comprehend the 1922 correction"],"plain_english_summary":"This law fixes a paperwork mistake from 1909 regarding the land that became Australia's capital territory and Jervis Bay.\n\n**What it does:**\nIn 1909, New South Wales agreed to hand over land to the Commonwealth for Canberra (the \"Seat of Government\") and Jervis Bay. However, the legal descriptions of some parcels of land in the original agreement contained **errors and misdescriptions** — basically, the paperwork had the wrong details about exactly which land was being transferred.\n\nThis 1922 Act corrects those errors by:\n- Approving a new agreement (the \"amending Agreement\") between the Commonwealth and NSW\n- Replacing the faulty land descriptions in the original 1909 agreement with corrected ones\n- Specifically updating the descriptions for land at **Sussex Haven** and **Jervis Bay** (including Bowen Island and surrounding areas)\n\n**Who it affects:**\nPrimarily the governments of Australia and New South Wales, as it tidies up the legal ownership of land that had already been surrendered in principle. The land involved became part of the Australian Capital Territory and the Jervis Bay Territory.\n\n**Why it matters:**\nWithout accurate land descriptions, there could be disputes about exactly what property the Commonwealth owned. This Act ensures the legal boundaries match what was actually intended to be handed over in 1909, preventing future boundary disputes or title problems."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The amending Agreement corrects misdescriptions in clause 5 of the 1909 Agreement by substituting a new clause and Schedule. It does not expand the Commonwealth’s acquisition powers or add new categories of land; it is a narrow, technical amendment contingent on State ratification and proclamation (Schedule; s2–s3)."},"complexity_factors":["Technical cadastral descriptions and multiple precise bearings and distances in the Schedule (high detail required to identify parcels).","Conditional commencement dependent on separate State legislation and a Governor’s Proclamation (s2).","Interdependence with earlier agreements and statutes (preamble; Schedule cl.3 referencing 1909 and 1915 instruments).","Legal effect limited to substitution of land descriptions and Schedule, but requires administrative actions (surveying, title adjustments, and legislative repeal/substitution by the State) to implement (Schedule; cl.2).","Low substantive policy change but high operational precision and risk of dispute if descriptions remain ambiguous."],"plain_english_summary":"Mechanically, this Act approves and ratifies an amending Agreement that corrects errors in the 1909 Seat of Government Agreement by replacing clause 5 and the Schedule to identify and transfer specified Crown lands to the Commonwealth (Schedule; s3). It takes effect only after New South Wales passes enabling legislation and when a Proclamation is made (s2). The State grants the listed lands without payment (Schedule cl.1); practical costs and compliance (surveying, title adjustments) fall on the parties, and final authority rests with the two Parliaments and proclamation."}},"importantCases":[],"_links":{"self":"/api/acts/seat-of-government-acceptance-act-1922","history":"/api/acts/seat-of-government-acceptance-act-1922/history","analysis":"/api/acts/seat-of-government-acceptance-act-1922/analysis","conflicts":"/api/acts/seat-of-government-acceptance-act-1922/conflicts","importantCases":"/api/acts/seat-of-government-acceptance-act-1922/important-cases","documents":"/api/acts/seat-of-government-acceptance-act-1922/documents"}}