{"id":"C1910A00025","name":"Seat of Government (Administration) Act 1910","slug":"seat-of-government-administration-act-1910","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"25 of 1910","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":180,"registerId":"C2017C00093","compilationNumber":"11","startDate":"2017-03-22","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 1 (items 34, 35) of the [Statute Update (A.C.T. Self-Government (Consequential Provisions) Regulations) Act 2017](/C2017A00013)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Statute Update (A.C.T. Self-Government (Consequential Provisions) Regulations) Act 2017","year":2017,"number":13,"titleId":"C2017A00013","provisions":"sch 1 (items 34, 35)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2017-03-22T09:23:01.793Z"},"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 Seat of Government (Administration) Act 1910.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This Act shall commence on the proclaimed day referred to in section five of the Seat of Government Acceptance Act 1909.","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Interpretation","content":"#### 2A Interpretation\n\n  In this Act, unless the contrary intention appears:\n\n> enactment has the same meaning in the Australian Capital Territory (Self‑Government) Act 1988.","sortOrder":3},{"sectionNumber":"Part II","sectionType":"part","heading":"Application of State Laws","content":"## Part II—Application of State Laws","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Certain State laws not to continue in Territory","content":"#### 3 Certain State laws not to continue in Territory\n\n  Notwithstanding anything in section six of the Seat of Government Acceptance Act 1909, the laws of the State of New South Wales described in the Schedule to this Act shall not continue in force in the Territory.","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Effect of continuance of State laws","content":"#### 4 Effect of continuance of State laws\n\n  Where any law of the State of New South Wales continues in force in the Territory by virtue of section six of the Seat of Government Acceptance Act 1909, it shall, subject to any Ordinance made by the Governor‑General, have effect in the Territory as if it were a law of the Territory:\n  Provided that, with respect to any such law (other than such law that is an enactment), the Governor‑General may by Ordinance declare that it shall, while the Ordinance remains in force, but subject to the provisions of the Ordinance, have effect in the Territory, and continue to be administered by the authorities of the State, as if the Territory continued to form part of the State.","sortOrder":6},{"sectionNumber":"Part III","sectionType":"part","heading":"Application of Commonwealth Acts","content":"## Part III—Application of Commonwealth Acts","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Application of Fair Work Act 2009","content":"#### 5 Application of Fair Work Act 2009\n\n  (3) The powers of the Fair Work Commission do not extend to employment in relation to which a tribunal established by an Ordinance in force under this Act or by an enactment, whether made or passed before or after the commencement of this section, has power to hear and determine disputes, claims or matters relating to the terms and conditions of the employment.\n  (4) An Ordinance under this Act or an enactment may make provision for a member of the Fair Work Commission to constitute, or be a member of, a tribunal of the kind referred to in subsection (3), 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.","sortOrder":8},{"sectionNumber":"7A","sectionType":"section","heading":"Resumption of land held under Crown leases","content":"#### 7A Resumption of land held under Crown leases\n\n  The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an Ordinance or other law of the Territory (including an Ordinance or other law made before the commencement of this section) for or in relation to the resumption of land held under leases granted by or on behalf of the Crown in accordance with the provisions of those leases or otherwise on just terms.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Postal and telegraphic rates and charges","content":"#### 8 Postal and telegraphic rates and charges\n\n  The rates and charges for postal articles and telegrams in the Territory and to and from the Territory shall be the same as if the Territory continued to be part of the State of New South Wales.","sortOrder":10},{"sectionNumber":"Part IV","sectionType":"part","heading":"Disposal of Crown lands","content":"## Part IV—Disposal of Crown lands","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Disposal of Crown lands","content":"#### 9 Disposal of Crown lands\n\n  No Crown lands in the Territory shall be sold or disposed of for any estate of freehold, except in pursuance of some contract entered into, or the right to enter into which existed before the commencement of this Act, or except for the purpose of giving effect to some right which existed before the commencement of this Act under or by virtue of any law of the State of New South Wales which has continued in force in the Territory by virtue of section six of the Seat of Government Acceptance Act 1909, or of that Act as subsequently amended.","sortOrder":12},{"sectionNumber":"9A","sectionType":"section","heading":"Dealings with Crown lands","content":"#### 9A Dealings with Crown lands\n\n  The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an Ordinance or other law of the Territory (including an Ordinance or other law made before the commencement of this section) by virtue of which:\n    (a) lands in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with;\n    (b) instruments, receipts and other documents in relation to any such lands may be executed; or\n    (c) rights, duties and liabilities in relation to any such lands are or may be acquired, conferred or imposed.","sortOrder":13},{"sectionNumber":"Part V","sectionType":"part","heading":"Ordinances","content":"## Part V—Ordinances","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Ordinances","content":"#### 12 Ordinances\n\n  (1) Subject to subsection, (1B) the Governor‑General may make Ordinances for the peace, order and good government of the Territory with respect to:\n    (a) the jurisdiction, practice and procedure of the Supreme Court of the Territory;\n    (b) the classification of materials for the purposes of censorship;\n    (c) evidence;\n    (d) National Land as defined by the Australian Capital Territory (Planning and Land Management) Act 1988;\n    (e) companies;\n    (f) close corporations;\n    (g) foreign companies;\n    (h) the acquisition of shares in bodies corporate;\n    (j) the regulation of the securities industry and the futures industry; and\n    (k) the subject matter of laws specified in Schedule 3 to the Australian Capital Territory (Self‑Government) Act 1988.\n  (1A) An Ordinance made under paragraph (1)(d) has no effect to the extent that it is inconsistent with the National Capital Plan in effect under the Australian Capital Territory (Planning and Land Management) Act 1988, but an Ordinance shall be taken to be consistent with the Plan to the extent that it is capable of operating concurrently with the Plan.\n  (1B) Subject to subsection (1C), paragraphs (1)(a), (c) and (k) cease to have effect:\n    (a) on or after 1 July 1992; or\n    (b) after regulations made for the purposes of subsection 34(6) of the Australian Capital Territory (Self‑Government) Act 1988 have amended Schedule 3 to that Act by omitting all the laws in that Schedule, other than those referred to in Schedule 5 to that Act;\n  whichever occurs sooner.\n  (1C) Paragraph (1)(k) does not cease to have effect on and after 1 July 1992 in regard to any matter referred to in Schedule 5 to the Australian Capital Territory (Self‑Government) Act 1988.\n  (2) Every such Ordinance shall:\n    (a) be notified in the Gazette;\n    (b) subject to subsection (2AA), take effect:\n    (i) from the date of notification;\n    (ii) where another date (whether before or after the date of notification) is specified in the Ordinance, from the date specified; or\n    (iii) where the Ordinance so provides, from such date as is fixed by the Minister by notice in the Gazette; and\n    (c) be laid before each House of the Parliament within fifteen sitting days of that House after the day on which the Ordinance is made.\n  (2AA) An Ordinance that:\n    (a) makes provision in relation to a matter arising from, connected with or consequential upon the establishment of the Territory as a body politic under the Crown; and\n    (b) is made on or before Self‑Government Day within the meaning of the A.C.T. Self‑Government (Consequential Provisions) Act 1988;\n  may be expressed to take effect from the date of commencement of a provision of the Australian Capital Territory (Self‑Government) Act 1988.\n  (2A) A notice in the Gazette of any such Ordinance having been made, and of the place or places where copies of the Ordinance can be purchased, shall be sufficient compliance with the requirement of paragraph (a) of the last preceding subsection.\n  (2B) Where a notice of an Ordinance having been made is published in accordance with subsection (2A), copies of the Ordinance shall, at the time of publication of the notice or as soon as practicable thereafter, be made available for purchase at the place, or at each of the places, specified in the notice.\n  (2C) Where, on the date of publication of a notice referred to in subsection (2B), there are no copies of the Ordinance to which the notice relates available for purchase at the place, or at one or more of the places, specified in the notice, the Minister shall cause to be laid before each House of the Parliament, within 15 sitting days of that House after that date, a statement that copies of the Ordinance were not so available and the reason why they were not so available.\n  (2D) Failure to comply with a requirement of subsection (2B) or (2C) shall not be taken to constitute a failure to comply with paragraph (2)(a) or subsection (2A).\n  (3) If an Ordinance is not laid before each House of the Parliament in accordance with paragraph (c) of subsection (2) of this section, it ceases to have effect.\n  (4) If either House of the Parliament, in pursuance of a motion of which notice has been given within fifteen sitting days after an Ordinance has been laid before that House, passes a resolution disallowing the Ordinance or a part of the Ordinance, the Ordinance or part so disallowed thereupon ceases to have effect.\n  (5) If, at the expiration of fifteen sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament, being notice given within fifteen sitting days after the Ordinance has been laid before that House:\n    (a) the notice has not been withdrawn and the motion has not been called on; or\n    (b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n  the Ordinance or part, as the case may be, specified in the motion shall thereupon be deemed to have been disallowed.\n  (5A) If, before the expiration of fifteen sitting days after notice of a motion to disallow an Ordinance or part of an Ordinance has been given in a House of the Parliament:\n    (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and\n    (b) at the time of the dissolution, expiry or prorogation, as the case may be:\n    (i) the notice has not been withdrawn and the motion has not been called on; or\n    (ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;\n  the Ordinance shall, for the purposes of the last two preceding subsections, be deemed to have been laid before that first‑mentioned House on the first sitting day of that first‑mentioned House after the dissolution, expiry or prorogation, as the case may be.\n  (6) Where an Ordinance is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (3), the disallowance of the Ordinance or the operation of subsection (3) in relation to the Ordinance, as the case may be, has the same effect as a repeal of the Ordinance.\n  (6A) Where:\n    (a) an Ordinance (in this subsection referred to as the relevant Ordinance) is disallowed, or is deemed to have been disallowed, under this section or ceases to have effect by virtue of the operation of subsection (3); and\n    (b) the relevant Ordinance repealed, in whole or in part, another Ordinance or any other law that was in force immediately before the relevant Ordinance came into operation;\n  the disallowance of the relevant Ordinance or the operation of subsection (3) in relation to the relevant Ordinance, as the case may be, has the effect of reviving that other Ordinance or law, as the case may be, from and including the date of the disallowance or the date on which the relevant Ordinance ceased to have effect by virtue of that operation of subsection (3), as the case may be, as if the relevant Ordinance had not been made.\n  (6B) A reference in subsection (6) or (6A) to an Ordinance shall be read as including a reference to a part of an Ordinance, and a reference in subsection (6A) to a law has a corresponding meaning.","sortOrder":15},{"sectionNumber":"12AA","sectionType":"section","heading":"Ordinance not to be re‑made while required to be tabled","content":"#### 12AA Ordinance not to be re‑made while required to be tabled\n\n  (1) Where an Ordinance (in this section called the original Ordinance) has been made, no Ordinance containing a provision being the same in substance as a provision of the original Ordinance shall be made during the period defined by subsection (2) unless both Houses of the Parliament by resolution approve the making of an Ordinance containing a provision the same in substance as that provision of the original Ordinance.\n  (2) The period referred to in subsection (1) is the period starting on the day on which the original Ordinance was made and ending at the end of 7 days after:\n    (a) if the original Ordinance has been laid, in accordance with subsection 12(2), before both Houses of the Parliament on the same day—that day;\n    (b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or\n    (c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 12(2) could have been complied with.\n  (3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.","sortOrder":16},{"sectionNumber":"12AB","sectionType":"section","heading":"Ordinance not to be re‑made while subject to disallowance","content":"#### 12AB Ordinance not to be re‑made while subject to disallowance\n\n  (1) Where notice of a motion to disallow an Ordinance has been given in a House of the Parliament within 15 sitting days after the Ordinance has been laid before that House, no Ordinance containing a provision being the same in substance as a provision of the first‑mentioned Ordinance shall be made unless:\n    (a) the notice has been withdrawn;\n    (b) the Ordinance is deemed to have been disallowed under subsection 12(5);\n    (c) the motion has been withdrawn or otherwise disposed of; or\n    (d) subsection 12(5A) has applied in relation to the Ordinance.\n  (2) Where:\n    (a) because of subsection 12(5A), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and\n    (b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;\n  no Ordinance containing a provision being the same in substance as a provision of the first‑mentioned Ordinance shall be made unless:\n    (c) the notice has been withdrawn;\n    (d) the Ordinance is deemed to have been disallowed under subsection 12(5);\n    (e) the motion has been withdrawn or otherwise disposed of; or\n    (f) subsection 12(5A) has applied again in relation to the Ordinance.\n  (3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.\n  (4) This section does not limit the operation of section 12AA or 12AC.\n  (5) In this section:\n\n> Ordinance includes a part of an Ordinance.","sortOrder":17},{"sectionNumber":"12AC","sectionType":"section","heading":"Disallowed Ordinance not to be re‑made unless resolution rescinded or House approves","content":"#### 12AC Disallowed Ordinance not to be re‑made unless resolution rescinded or House approves\n\n  If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 12, and an Ordinance containing a provision being the same in substance as a provision so disallowed, or deemed to have been disallowed, is made within 6 months after the date of the disallowance, that provision has no effect, unless:\n    (a) in the case of an Ordinance, or a part of an Ordinance, disallowed by resolution—the resolution has been rescinded by the House of the Parliament by which it was passed; or\n    (b) in the case of an Ordinance, or a part of an Ordinance, deemed to have been disallowed—the House of the Parliament in which notice of the motion to disallow the Ordinance or part was given has approved, by resolution, the making of a provision the same in substance as the provision deemed to have been disallowed.","sortOrder":18},{"sectionNumber":"12AD","sectionType":"section","heading":"Regulations, rules and by‑laws","content":"#### 12AD Regulations, rules and by‑laws\n\n  (1) All regulations made under an Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the regulations are made and, if they are not so laid before each House of the Parliament, have no effect.\n  (2) Subsections 12(4) to (6B), inclusive, and sections 12AA, 12AB and 12AC apply in relation to regulations laid before a House of the Parliament as if, in those provisions, references to an Ordinance were references to regulations and references to a provision of an Ordinance were references to a regulation.\n  (3) In this section, regulations includes rules and by‑laws.","sortOrder":19},{"sectionNumber":"12AE","sectionType":"section","heading":"Determinations of fees or charges","content":"#### 12AE Determinations of fees or charges\n\n  (1) Every determination shall be laid before each House of the Parliament within 15 sitting days of that House after the day on which the determination is made and, if it is not so laid before each House of the Parliament, has no effect.\n  (2) Subsections 12(4) to (6B), inclusive, and sections 12AA, 12AB and 12AC apply in relation to a determination laid before a House of the Parliament as if, in those provisions, references to an Ordinance were references to a determination.\n  (3) In this section:\n\n> determination means a determination made by a Minister under an Ordinance empowering the Minister to determine, by notice published in the Gazette, fees or charges for the purposes of the Ordinance.","sortOrder":20},{"sectionNumber":"Part VI","sectionType":"part","heading":"Miscellaneous","content":"## Part VI—Miscellaneous","sortOrder":21},{"sectionNumber":"12C","sectionType":"section","heading":"Delegation by Minister","content":"#### 12C Delegation by Minister\n\n  (1) The Minister may, by writing under his or her hand, delegate to any person all or any of his or her powers or functions under any Ordinance made under this Act.\n  (2) Every delegation under this section shall be revocable at will, and no delegation shall prevent the exercise of any power or function by the Minister.","sortOrder":22},{"sectionNumber":"12D","sectionType":"section","heading":"Regulations","content":"#### 12D Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":23}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"2A","severity":"medium","reasoning":"The provision reads: 'enactment has the same meaning in the Australian Capital Territory (Self‑Government) Act 1988.' This is missing the word 'as' — it should read 'has the same meaning as in the Australian Capital Territory (Self‑Government) Act 1988.' As drafted, it does not define 'enactment' at all; it merely asserts the word has some meaning *within* (not *derived from*) that other Act. A court would likely read in the missing word, but the drafting defect creates genuine ambiguity about what 'enactment' means in this Act, and the term is used in substantive provisions (ss 4, 5).","confidence":0.85,"description":"The definition of 'enactment' is incomplete and circular — it states the term 'has the same meaning in the Australian Capital Territory (Self‑Government) Act 1988' but omits the word 'as', making it grammatically and legally incoherent. It purports to import a definition by reference but fails to actually complete the referential link."},{"type":"retroactive_impossibility","section":"12(2)(b)(ii)","severity":"high","reasoning":"Section 12(2)(b)(ii) expressly allows an Ordinance to 'take effect... from... a date... before... the date of notification.' The rule of law principle — and basic fairness — requires that people be able to ascertain the law before being bound by it. Retrospective commencement of subordinate legislation can make compliance literally impossible for obligations arising in the past. While retrospective legislation is not per se unlawful in Australia, applying it at the Ordinance (subordinate legislation) level without any constraint or safeguard creates a real impossibility of compliance for conduct occurring before notification.","confidence":0.82,"description":"An Ordinance is permitted to take effect from a date *before* the date of notification in the Gazette, meaning the law can bind persons before they have any legal means of knowing it exists."},{"type":"self_contradicting","section":"12(3) and 12(2)(c)","severity":"medium","reasoning":"Section 12(2)(c) requires an Ordinance to be laid before each House within 15 sitting days, and s 12(3) says if it is not so laid it 'ceases to have effect.' Section 12(6) then deems the cessation to have the same effect as a repeal, and s 12(6A) can revive previously repealed laws. However, between the Ordinance coming into force (s 12(2)(b)) and its cessation under s 12(3), it was legally operative. Acts done, rights acquired, and penalties imposed under it during that window are not explicitly addressed. The legislation creates an Ordinance that is simultaneously valid (when made) and retrospectively void (when not tabled), without any savings provision for intervening reliance.","confidence":0.75,"description":"An Ordinance that is never laid before Parliament 'ceases to have effect,' but it may already have had legal effect in the interim — the mechanism does not undo intervening acts taken in reliance on it, creating a legal vacuum."},{"type":"impossible_compliance","section":"12AA(2)(c)","severity":"medium","reasoning":"Section 12AA(2)(c) defines the end of the prohibited period by reference to 'the last day on which subsection 12(2) could have been complied with' — i.e., it extends to cover cases where the Ordinance was *never tabled*. In that scenario, the Ordinance has already ceased to have effect under s 12(3), yet s 12AA independently prohibits re-making it. The executive is thus in a catch-22: the Ordinance is dead, but a replacement cannot be made without parliamentary approval, yet Parliament has never actually voted to disallow anything. The prohibition operates without any parliamentary expression of disapproval.","confidence":0.78,"description":"The 'period' during which re-making is prohibited can extend beyond the point at which the original Ordinance has ceased to have legal effect under s 12(3), meaning the Governor-General is prohibited from remaking an Ordinance that no longer exists and whose subject matter may urgently need to be re-legislated."},{"type":"other","section":"8","severity":"low","reasoning":"Telegraphy services ceased operation in Australia (Australia Post discontinued telegrams in 1993). There are no 'telegraphic charges' to equalise. The provision is not logically self-contradictory, but it mandates a parity obligation in relation to a service that does not exist, rendering that limb a legal nullity that cannot be given effect. This is an amusing anachronism rather than a drafting error, but it does mean the section is partially unenforceable.","confidence":0.95,"description":"Section 8 requires postal and telegraphic rates in the ACT to be the same as if the Territory 'continued to be part of the State of New South Wales' — but telegrams as a service have been commercially extinct for decades, making the telegrams limb of this provision impossible to comply with in any meaningful sense."},{"type":"other","section":"12(1) — paragraph (i) omitted","severity":"low","reasoning":"The absence of paragraph (i) is a well-known drafting convention in Australian legislation (omitting 'i' and 'o' to avoid confusion with numerals), so this is not a genuine legal flaw. However, for completeness it is worth flagging as a potential source of confusion for uninitiated readers. Confidence is low that this constitutes a genuine issue given the established convention.","confidence":0.2,"description":"The list in s 12(1) jumps from paragraph (h) directly to paragraph (j), omitting paragraph (i) entirely. While this is almost certainly a typographical/drafting error (common in older Commonwealth legislation using the convention of omitting 'i' to avoid confusion with '1'), it creates a textual gap in the enumeration that could cause uncertainty about whether a paragraph (i) was intentionally omitted or accidentally lost."},{"type":"impossible_compliance","section":"12(5A)","severity":"medium","reasoning":"Section 12(5A) provides that, upon dissolution/prorogation, the Ordinance is 'deemed to have been laid... on the first sitting day... after the dissolution.' This resets the 15-sitting-day clock under ss 12(4) and (5). In theory, repeated prorogations before the 15-day window closes would perpetually reset the clock, preventing any disallowance motion from ever maturing. While prorogation is a political act constrained by constitutional convention, the legislation itself places no limit on the number of resets, meaning the executive could — in extremis — use prorogation to indefinitely shield Ordinances from parliamentary disallowance.","confidence":0.7,"description":"When Parliament is prorogued or dissolved, an Ordinance is deemed to have been laid before the relevant House on the first sitting day after resumption — but this notional re-laying resets the 15-sitting-day disallowance clock, potentially allowing an indefinite series of prorogations to perpetually defer disallowance proceedings, making parliamentary oversight impossible in practice."}],"contradictions":[{"severity":"medium","section_a":"12(2)(a) and 12(2A)","section_b":"12(2B) and 12(2C)","confidence":0.88,"description":"Section 12(2)(a) requires an Ordinance to be 'notified in the Gazette,' and s 12(2A) says a notice that the Ordinance has been made (plus where copies can be purchased) is 'sufficient compliance.' However, s 12(2B) then requires copies to be available for purchase at the time of that notice or 'as soon as practicable thereafter,' and s 12(2C) requires a ministerial statement to Parliament if copies are unavailable — yet s 12(2D) explicitly says failure to comply with ss 12(2B) or (2C) does NOT constitute non-compliance with s 12(2)(a) or 12(2A). The scheme simultaneously imposes an obligation (s 12(2B)) and immunises its breach from any legal consequence (s 12(2D)), rendering the obligation entirely toothless."},{"severity":"medium","section_a":"12(1B)","section_b":"12(1C)","confidence":0.72,"description":"Section 12(1B) provides that paragraph (1)(k) ceases to have effect on or after 1 July 1992 (whichever of the two triggers in (1B) occurs sooner). Section 12(1C) then carves out an exception, stating that (1)(k) does NOT cease on and after 1 July 1992 for matters in Schedule 5. This creates a direct conflict: (1B) extinguishes (1)(k) on 1 July 1992 absolutely, while (1C) preserves it for Schedule 5 matters on the same date. The two provisions cannot both be given full effect simultaneously — one must yield to the other, and the relationship between the general rule (1B) and the exception (1C) is not clearly expressed as to which prevails in the event of conflict."},{"severity":"high","section_a":"9","section_b":"9A","confidence":0.8,"description":"Section 9 imposes an absolute prohibition on the sale or disposal of Crown lands in the Territory for any freehold estate (subject to narrow pre-commencement exceptions). Section 9A then permits Ordinances and other Territory laws to authorise disposal and dealing with Commonwealth-acquired lands in the Territory, including conferring rights and liabilities in relation to such lands. The broad disposal power in s 9A is in direct tension with the absolute prohibition in s 9 — it is unclear whether 'disposal' under an Ordinance authorised by s 9A can override the freehold prohibition in s 9, or whether s 9 limits the scope of s 9A."},{"severity":"medium","section_a":"12(4)","section_b":"12AB(1)","confidence":0.68,"description":"Section 12(4) allows either House to disallow an Ordinance by resolution within 15 sitting days after the Ordinance has been laid before it. Section 12AB(1) prohibits re-making of a substantially similar Ordinance while a disallowance notice is on foot, but only until one of four events in paras (a)–(d) occurs. Notably, para (b) of s 12AB(1) lifts the prohibition if the Ordinance is 'deemed to have been disallowed under subsection 12(5)' — but s 12(4) disallowance by actual resolution is a separate event not listed as a trigger for lifting the prohibition in s 12AB. This means that an Ordinance actually disallowed by resolution under s 12(4) may leave the re-making prohibition in s 12AB operative (since none of the four listed events in s 12AB(1) covers an actual resolution), potentially overlapping with the stricter 6-month rule in s 12AC and creating ambiguity about whether re-making is governed by s 12AB or s 12AC or both."},{"severity":"low","section_a":"3","section_b":"4","confidence":0.5,"description":"Section 3 excludes laws listed in the Schedule from continuing in force in the Territory (notwithstanding the Seat of Government Acceptance Act 1909). Section 4 then provides a general regime for NSW laws that DO continue in force, including a power for the Governor-General to keep them administered by NSW authorities. However, the Schedule is not reproduced in the available text, making it impossible to verify whether any law addressed by s 4 is simultaneously excluded by s 3, which could create a direct conflict between the two operative provisions."}]},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's original 1910 purpose was narrow: to manage the legal transition as the ACT was excised from New South Wales, ensuring continuity of NSW laws and preventing the sale of Crown land as freehold. Over time, its scope expanded significantly. By the time of this version, it incorporates detailed machinery for Governor-General Ordinance-making across a broad range of subject matters (companies, securities, censorship, Supreme Court procedure), an elaborate parliamentary disallowance and re-making regime spanning multiple sections, interaction with the Fair Work Act 2009 and modern land acquisition law, and transitional provisions tied to ACT self-government in 1988. What began as a short transitional statute has grown into a framework law that continues to confer ongoing legislative power over the ACT across multiple policy domains — well beyond its original transitional intent."},"complexity_factors":["Extensive cross-referencing to multiple other Acts (Seat of Government Acceptance Act 1909, Australian Capital Territory (Self-Government) Act 1988, ACT (Planning and Land Management) Act 1988, Lands Acquisition Act 1989, Fair Work Act 2009, A.C.T. Self-Government (Consequential Provisions) Act 1988)","Nested conditional logic in the Ordinance disallowance scheme (ss.12(4), (5), (5A)) involving multiple time windows, triggers and deemed outcomes","Revival mechanism for repealed laws upon disallowance (s.12(6A)) adds a further layer of conditional legal effect","Three interlocking sections restricting re-making of disallowed or tabled Ordinances (ss.12AA, 12AB, 12AC) with overlapping conditions and cross-references between them","Sunset provisions with dual trigger conditions (date or regulatory amendment, whichever is sooner) in s.12(1B)","Ordinance-making power is itself subject to an internal consistency test against the National Capital Plan (s.12(1A))","Parliamentary sitting-day counting rules (not calendar days) throughout, creating timing complexity","The disallowance scheme is extended by s.12AD and s.12AE to apply to regulations, rules, by-laws, and ministerial fee determinations — multiplying the operative provisions","Dual legal status of NSW laws (may operate as ACT laws or continue as NSW-administered laws depending on Ordinance) creates interpretive complexity","Historical layering: provisions reference events and defined terms (e.g. 'Self-Government Day') that require knowledge of 1988-era transition legislation to understand"],"plain_english_summary":"## Seat of Government (Administration) Act 1910\n\n### What is this law about?\n\nThis is one of Australia's oldest Commonwealth laws. It sets out the legal framework for governing the **Australian Capital Territory (ACT)** — the patch of land that was handed over by New South Wales (NSW) to the Commonwealth to become the nation's capital. Think of it as the \"operating manual\" for how the federal government runs Canberra.\n\n---\n\n### What does it actually do?\n\n**1. Deals with NSW laws that used to apply to the territory**\nWhen the ACT was carved out of NSW, NSW laws automatically continued to apply there. This Act:\n- **Blocks** certain NSW laws from continuing (those listed in a Schedule)\n- Allows remaining NSW laws to keep operating — but treats them as if they were *ACT laws*, not NSW laws\n- Gives the Governor-General power to let some NSW laws keep being administered by NSW authorities (as if the territory were still part of NSW)\n\n**2. Connects the ACT to key Commonwealth laws**\n- Clarifies how the **Fair Work Act 2009** (the main national workplace law) applies — but carves out areas where ACT-specific employment tribunals (courts/bodies that resolve workplace disputes) have jurisdiction instead\n- Confirms that federal land acquisition laws don't stop the ACT from having its own rules about resuming land (i.e., the government taking back leased land) or dealing with Crown land (government-owned land)\n\n**3. Permanently bans selling ACT Crown land as freehold**\nNo government-owned land in the ACT can be sold outright (as freehold — meaning full permanent ownership). This is why ACT residents hold *leases* on their land rather than owning it outright — a feature unique to Canberra that flows directly from this Act.\n\n**4. Gives the Governor-General power to make \"Ordinances\"**\nAn **Ordinance** is essentially a law made by the executive government (rather than Parliament). The Governor-General can make Ordinances covering specific topics that still fall under Commonwealth control in the ACT, including:\n- The ACT Supreme Court's procedures\n- Censorship classification\n- Evidence rules\n- National Land (key areas like Parliament House and federal buildings)\n- Companies, foreign companies, and securities regulation\n\n**5. Puts strict checks on Ordinances**\nThe Act includes detailed safeguards to prevent executive overreach:\n- Every Ordinance must be published in the *Gazette* (the official government notice paper) and tabled (formally presented) in both Houses of Parliament within 15 sitting days\n- Either House of Parliament can **disallow** (reject) an Ordinance — essentially a veto\n- If an Ordinance is disallowed, any laws it repealed automatically **spring back to life**\n- A disallowed or lapsed Ordinance generally **cannot be remade** for 6 months unless Parliament specifically approves\n- The same rules apply to **regulations, rules, by-laws, and fee determinations** made under Ordinances\n\n**6. Allows ministerial delegation**\nThe Minister responsible can delegate (hand off) their powers under any Ordinance to another person in writing, but can always take those powers back.\n\n---\n\n### Who does this affect?\n\n- **ACT residents and businesses** — particularly around land ownership (no freehold) and which employment laws apply to them\n- **The federal government** — which retains significant control over certain ACT matters even after ACT self-government was established in 1988\n- **The ACT Legislative Assembly** — whose laws interact with the Ordinance-making power\n\n---\n\n### Why does it matter?\n\nDespite being over a century old, this Act remains **legally in force** and underpins the unique constitutional status of the ACT. It explains quirks like why Canberrans lease their land instead of owning it, and why the federal government still has direct lawmaking power over certain ACT matters. It was especially important before the ACT gained self-government in 1988, but many of its provisions still have real legal effect today."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has transformed significantly from its original purpose. Initially enacted in 1910 to establish direct federal administration of the ACT and preserve NSW laws temporarily, it has become a complex statutory remnant. The original intent was transitional — to manage the handover from NSW to Commonwealth control. However, through numerous amendments (particularly in 1988 for self-government and 2009 for industrial relations), it has acquired permanent functions: regulating the disallowance of Territory legislation, managing the interaction between federal and Territory employment law, and preserving specific land management rules. The elaborate disallowance provisions (sections 12AA-12AE) now apply to a much narrower range of instruments than originally contemplated, and the Act serves primarily as a statutory hook for federal oversight of Territory governance rather than as the comprehensive administrative code it once was."},"complexity_factors":["Multiple historical layers: The Act contains provisions from 1910, 1988 (self-government transition), and 2009 (Fair Work amendments), creating temporal confusion about which rules apply when.","Dense disallowance machinery: Sections 12, 12AA, 12AB, 12AC, 12AD and 12AE create an intricate web of rules about parliamentary scrutiny, including deemed disallowance, revival of repealed laws, and restrictions on remaking disallowed provisions.","Cross-referencing to repealed/superseded legislation: The Act repeatedly references the Seat of Government Acceptance Act 1909, the Australian Capital Territory (Self-Government) Act 1988, and various Schedules to that Act, requiring external knowledge to understand current operation.","Nested conditional logic: Section 12(1B) and (1C) contain complex sunset provisions with alternative triggers ('whichever occurs sooner') and exceptions to those sunsets.","Dual land law systems: The interaction between this Act, the Lands Acquisition Act 1989, and Territory Ordinances creates overlapping jurisdictions for land management (sections 7A, 9, 9A).","Defined terms scattered across sections: 'Enactment' is defined in section 2A, 'determination' in 12AE, 'Ordinance' gets special meanings in 12AB and 12AD — no central interpretation section.","Survival of spent provisions: Several sections (like 12(1B) regarding the 1992 transition) appear to be spent or partially spent but remain in the text, cluttering the operative provisions."],"plain_english_summary":"This is the **Seat of Government (Administration) Act 1910**, one of the foundational laws that established how the Australian Capital Territory (ACT) would be governed after the Commonwealth took control of the land from New South Wales.\n\n**What it does:**\n\n* **Sets the legal framework for the ACT**: When the Commonwealth acquired the land for Canberra in 1909, this Act (passed the following year) worked out which NSW laws would keep applying, which wouldn't, and how new laws would be made for the Territory.\n\n* **Controls which NSW laws survived**: The Act lists specific NSW laws that *stopped* applying to the ACT (in the Schedule), while allowing others to continue as if they were Territory laws. However, the Governor-General could make special rules (called **Ordinances**) to keep certain NSW laws running under state administration if needed.\n\n* **Bans freehold land sales**: It prevents Crown land in the ACT from being sold as freehold (outright ownership) except where contracts or rights already existed before the Act started. This established the leasehold system that still largely operates in Canberra today.\n\n* **Creates the Ordinance system**: Until the ACT got self-government in 1989, the Governor-General made laws for Canberra through **Ordinances** — essentially decrees that had to be tabled in Parliament and could be disallowed (vetoed) by either House. The Act sets out detailed rules for making, publishing, and challenging these Ordinances.\n\n* **Protects Territory employment tribunals**: It ensures that ACT-specific industrial tribunals can operate separately from the national Fair Work system, and allows Fair Work Commission members to sit on these local tribunals.\n\n* **Preserves postal and phone rates**: It guarantees that postage and telegraph charges in the ACT stay the same as in NSW (a historical curiosity from when these were government services).\n\n**Who it affects:**\n\n* **ACT residents and businesses** — historically governed by Ordinances rather than normal parliamentary laws.\n* **The Commonwealth Government** — which administered the Territory directly until 1989.\n* **Landholders in the ACT** — affected by the leasehold restrictions and land acquisition rules.\n\n**Why it matters:**\n\nThis Act was the constitution of the ACT before the ACT had its own constitution. It bridged the gap between NSW law and Commonwealth control, established the leasehold land system that makes Canberra unique, and created the machinery for direct federal rule. Even after self-government in 1989, parts of this Act remain in force, particularly around land management and the disallowance of Territory legislation."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act changes the legal relations that applied immediately before it took effect by (1) removing certain New South Wales laws from continuing in the Territory (section 3 and the Schedule), (2) providing that other continuing NSW laws operate as Territory laws unless the Governor‑General declares otherwise (section 4), and (3) establishing a framework by which the Commonwealth (through the Governor‑General and Ministers) may make Ordinances, regulations and fee determinations for the Territory on a specified set of subjects and subject to Parliamentary tabling and disallowance (section 12 and related provisions). It also modifies how Crown land may be sold or dealt with (sections 9 and 9A), preserves postal rate parity with New South Wales (section 8), and allocates tribunal jurisdiction in employment matters vis‑à‑vis the Fair Work Commission (section 5(3)–(4)). These provisions adjust the prior legal scope of State and Commonwealth rules in the Territory and reassign decision authority and procedural controls as specified in the Act."},"complexity_factors":["Multiple cross‑references to other Acts (Seat of Government Acceptance Act 1909, Australian Capital Territory (Self‑Government) Act 1988, Lands Acquisition Act 1989, Fair Work Act 2009)","Detailed procedural regime for Ordinances, regulations and determinations (tabling, Gazette publication, disallowance, revival of prior laws) (sections 12, 12AD–12AE, 12AA–12AC)","Substantive interaction between Commonwealth, Territory and residual State law (sections 3–4, Schedule)","Specific subject matter carve‑outs for Ordinance power (companies, securities, land, censorship) requiring specialized legal understanding (section 12(1))","Multiple exceptions and saving provisions (e.g. land disposal exceptions, resumption despite Lands Acquisition Act) increasing interpretive complexity (sections 7A, 9, 9A)","Executive discretion points (Governor‑General and Ministers) combined with parliamentary oversight produce contingent legal outcomes dependent on timing and process (sections 4, 12(1)–(6B), 12C)"],"plain_english_summary":"### What this Act does, in plain language\n\n- The Act sets out how federal government lawmaking and certain State laws apply in the Australian Capital Territory (the Territory). Mechanically, it: \n  - removes a specific set of New South Wales laws from applying in the Territory (see section 3 and the Schedule);\n  - says that other NSW laws that do continue apply in the Territory as if they were Territory laws unless the Governor‑General makes an Ordinance to the contrary (section 4);\n  - limits the sale of Crown land in the Territory to freehold only where a contract or existing pre‑existing right already existed before the Act (section 9) and allows Territory Ordinances to provide for other dealings with lands acquired by the Commonwealth (section 9A);\n  - preserves (for the Territory) the same postal and telegram rates that would apply if the Territory were still part of New South Wales (section 8);\n  - permits the Governor‑General to make Ordinances for the Territory on specified subjects (including court procedure, censorship classifications, evidence, certain land, companies, securities and related topics) and sets out detailed procedural rules for putting those Ordinances (and subordinate regulations, rules, by‑laws and fee determinations) in the Gazette, laying them before Parliament, and how they may be disallowed (section 12 and related provisions 12AD–12AE, 12AA–12AC);\n  - preserves the power for Territory laws or Ordinances to create tribunals whose jurisdiction can exclude the Fair Work Commission for certain employment (section 5(3)–(4));\n  - confirms that Commonwealth laws about land acquisition (the Lands Acquisition Act 1989) do not prevent Territory Ordinances from providing for resumption of Crown leases or other land dealings (sections 7A and 9A); and\n  - allows the Minister to delegate powers under Ordinances and the Governor‑General to make regulations to carry out the Act (sections 12C and 12D).\n\n### Who this affects and who decides\n- People, businesses and landholders in the Territory: they must follow Ordinances, regulations and any NSW law that continues in force as applied to the Territory (section 4, section 12 and subsidiaries such as 12AD). For example, restrictions on selling Crown land to freehold will affect potential purchasers unless a pre‑existing contract or right exists (section 9).\n- The Commonwealth executive: the Governor‑General may make Ordinances on the specified subject matters (section 12(1)), the Minister may set commencement dates by Gazette notice (section 12(2)(b)(iii)) and may delegate functions (section 12C). Those executive acts determine the detailed rules that private parties must follow.\n- Parliament: Ordinances, regulations and fee determinations must be tabled and may be disallowed by either House; disallowance has automatic legal effect (sections 12(2)(c), 12(3)–(6B), 12AD–12AE).\n\n### Why it matters (stated purposes and mechanical consequences)\n- The Act provides a legal mechanism to transition the Territory from New South Wales law and to allow the Commonwealth to govern the Territory by Ordinance where necessary (sections 3–4 and 12). That is a structural purpose expressed through the text.\n\nTesting that purpose against consequences and trade‑offs visible in the text:\n- Concentration of decision power: the Act gives the Governor‑General and Ministers power to create detailed rules by Ordinance and to delegate functions (sections 12(1), 12(2)(b)(iii), 12C). Those powers create administrative discretion; Parliament retains an oversight role by tabling and disallowance (sections 12(2)(c), 12(3)–(6B)).\n- Legal certainty vs. regulatory risk: Ordinances take effect when published in the Gazette but can be disallowed or cease to have effect if not tabled correctly (sections 12(2), 12(3), 12(6)). When an Ordinance that repealed an earlier law is disallowed, the earlier law is revived from the date of disallowance (section 12(6A)), so regulatory status can change retrospectively by operation of these provisions.\n- Compliance burden for businesses and individuals: businesses operating in areas listed for Ordinance power (companies, securities, land, censorship, court procedure, etc.) must track Ordinances, regulations and fee determinations and monitor Parliamentary tabling and disallowance (section 12(1)(e)–(k); sections 12AD–12AE). Fee determinations by Ministers must be tabled and otherwise follow the same tabling/disallowance rules (section 12AE).\n- Property and ownership effects: the Act restricts disposal of Crown land as freehold unless a pre‑existing contract or right exists (section 9). It also allows Ordinances to provide for disposal or other dealings in land vested in the Commonwealth (section 9A). The Lands Acquisition Act is stated not to prevent these Ordinance powers in relation to resumption of Crown leases (section 7A), which gives the Territory or Commonwealth legal room to resume or deal with leased land independently of that federal acquisition law.\n- Industrial relations and tribunal jurisdiction: the Act permits Territory tribunals established by Ordinance to have exclusive jurisdiction over some employment disputes, excluding the Fair Work Commission in those cases (section 5(3)); the Act also allows members of the Fair Work Commission to sit on such tribunals (section 5(4)). That allocates dispute‑resolution authority between federal and Territory fora.\n- Prices and consumers: the Act fixes postal and telegraphic charges for the Territory to be the same as if the Territory remained part of New South Wales (section 8). That is a direct, rule‑based effect on rates charged to users of postal and telegraphic services in the Territory.\n\n### Implementation risks and operational mechanics to watch (textual basis)\n- Timing and publication rules: Ordinances must be published in the Gazette and laid before both Houses within a strict timeline or they cease to have effect (section 12(2), 12(3)). Failure to make physical copies available triggers reporting obligations (sections 12(2A)–(2C)).\n- Re‑making disallowed provisions: the Act forbids re‑enacting the same substantive provision while it is required to be tabled or while subject to disallowance unless Parliament approves (sections 12AA–12AB) and prevents re‑making a disallowed provision within six months unless the disallowance is rescinded or the House approves (section 12AC). These rules limit immediate re‑enactment and create windows of legislative deadlock or delay.\n- Revival of prior law on disallowance: where an Ordinance that repealed a previous law is disallowed, the prior law revives from the date of disallowance (section 12(6A)). That has practical consequences for continuity of rights and obligations.\n\nSummary of who pays, who decides and what behaviour changes (directly from the text):\n- Who pays: users of services and users of land in the Territory (postal charges, fees under Ordinances) and parties transacting over Crown land (sections 8, 12AE, 9, 9A).\n- Who decides: Governor‑General (Ordinances, some declarations: section 4 proviso), Ministers (commencement notices, fee determinations, delegations: sections 12(2)(b)(iii), 12AE, 12C), and Parliament (disallowance and oversight: section 12(2)(c), 12(3)–(6B)).\n- Behaviour change required: comply with Ordinances/regulations/fee determinations; hold or negotiate pre‑existing contract or rights to obtain freehold from Crown land (section 9); use the tribunal system provided for in Ordinances in employment disputes where those tribunals have been given jurisdiction (section 5(3)).\n\nThis description is limited to what the Act's text provides; it identifies who gains legal authority to make and administer rules, what obligations fall on individuals and businesses within the Territory, and the procedural safeguards and limits the Parliament can exercise over those Ordinances (sections cited throughout)."}},"importantCases":[],"_links":{"self":"/api/acts/seat-of-government-administration-act-1910","history":"/api/acts/seat-of-government-administration-act-1910/history","analysis":"/api/acts/seat-of-government-administration-act-1910/analysis","conflicts":"/api/acts/seat-of-government-administration-act-1910/conflicts","importantCases":"/api/acts/seat-of-government-administration-act-1910/important-cases","documents":"/api/acts/seat-of-government-administration-act-1910/documents"}}