{"id":"sources-of-the-law-act-1985","name":"Sources of the Law Act 1985","slug":"sources-of-the-law-act-1985","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30522,"registerId":"nt-sources-of-the-law-act-1985-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sources of the Law Act 1985","content":"NORTHERN TERRITORY OF AUSTRALIA\nSOURCES OF THE LAW ACT 1985\nAs in force at 1 April 1985\nTable of provisions\n1 Short title ......................................................................................... 1\n2 Declaration of law in force on annexation to South Australia ........... 1\n3 Date of application of imperial law ................................................... 1\nSchedule\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 April 1985\n____________________\nSOURCES OF THE 1985\nAn Act to remove doubt as to the law in force in the Territory by\ndeclaring the law to be taken to have been in force in 1863 in the\ngeographical area that now constitutes the Territory\n1 Short title\nThis Act may be cited as the Sources of the Law Act 1985.\n2 Declaration of law in force on annexation to South Australia\n(1) Where a question arises as to whether a law in force before\n22 September 1863 is still, or was at a particular date, a part of the\nlaw of the whole or any part of the geographical area that now\nconstitutes the Territory, the law in force in the Colony of South\nAustralia immediately before 22 September 1863 (including the\ncommon law and statutes of England applicable to that Colony)\nshall, subject to sub-section (2), be taken for all purposes to be, to\nthe exclusion of any other law that at any time before that date was\nin force in the whole or any part of that geographical area, the law\nin force in that area on that date, so far as it was applicable thereto.\n(2) A statute listed in the Schedule, and any statute repealed by a\nstatute so listed, shall not be taken to be a law in force on or\nimmediately before, or at any time after, 22 September 1863 in the\ngeographical area referred to in subsection (1).\n3 Date of application of imperial law\nIn all questions as to the applicability of a law or statute of England\nto the Territory, the Territory shall be deemed to have been\nestablished on 28 December 1836.\n\nSchedule\nSchedule\nsection 2\nNumber of Act Title of Act\nNo. 9 of 1853 An Act to regulate the occupation of Crown Lands in\nSouth Australia.\nNo. 5 of 1857-8 An Act for regulating the Sale and other disposal of\nWaste Lands belonging to the Crown in South Australia.\nNo. 18 of 1858 An Act to amend the \"Waste Lands Act.\".\nNo. 20 of 1858 An Act for an Assessment on Stock, and for other\npurposes therein mentioned.\nNo. 13 of 1859 An Act to provide for the Definition of Boundaries of\nRuns and the Survey of Lands for Mineral purposes by\nmeans of Licensed Surveyors.\nNo. 7 of 1861 An Act to amend an Act, No. 20 of 22nd Victoria, intituled\n\"An Act for an Assessment on Stock, and for other\npurposes therein mentioned.\".\nNo. 16 of 1862 An Act to provide for an appeal against Assessments of\nthe Waste Lands of the Crown leased for Pastoral\nPurposes.\nNo. 17 of 1862 An Act to provide for the future appropriation of the\nproceeds of the Waste Lands of the Crown in the\nProvince of South Australia.\nNo. 22 of 1862 An Act to further amend an Act No. 20 of 22nd Victoria,\nintituled \"An Act for an Assessment on Stock, and for\nother purposes therein mentioned.\".\nNo. 13 of 1863 An Act to provide for the reduction of the Assessment of\ncertain Pastoral Lands.\nNo. 2 of 1864 An Act to enable the Governor to Lease, for mineral\npurposes, Lands the property of the Government, not\nbeing Waste Lands of the Crown.\nNo. 8 of 1864 An Act to authorize certain reductions in the valuation of\nruns, under the Act intituled An Act for an Assessment\non Stock, and for other purposes therein mentioned; and\nto provide for the compensation for improvements, to be\nallowed on resumption, to lessees of Pastoral Lands\nunder renewed leases.\nSources of the Law Act 1985 2\n\nSchedule\nNo. 22 of 1864 An Act to extend the terms of certain leases of the Waste\nLands of the Crown for pastoral purposes; and to make\nprovision for payment, in certain cases, for\nimprovements effected on lands comprised in leases\ngranted for renewed terms, under the Act No. 20 of\n1858, intituled \"An Act for an assessment on Stock, and\nfor other purposes therein mentioned.\".\nNo. 6 of 1865-6 An Act to repeal an Ordinance, No. 10 of 1846, \"To\nencourage the Fencing of Land,\" and to make other\nprovisions in lieu thereof.\nNo. 8 of 1865-6 An Act to amend Act No. 18 of 1858, intituled \"An Act to\namend the Waste Lands Act.\".\nNo. 16 of 1865-6 An Act to amend the laws relating to the Leasing of the\nWaste Lands of the Crown, within the Province of South\nAustralia, for Pastoral Purposes.\nNo. 23 of 1867 An Act to repeal \"The Mineral Leases Act, 1862,\" and to\nmake other provisions for the leasing and occupation of\nthe Waste Lands of the Crown in the Province of South\nAustralia for mineral purposes.\nNo. 13 of 1868-9 An Act to amend \"The Waste Lands Amendment\nAct, 1867.\".\nNo. 14 of 1868-9 An Act to further amend the \"Waste Lands Act.\".\nNo. 4 of 1869-70 An Act to amend the Waste Lands Amendment Act,\n1868-9.\nNo. 17 of 1869-70 An Act to amend the Laws relating to the Leasing, for\nPastoral purposes, of certain of the Waste Lands of the\nCrown, in the Province of South Australia, and for other\npurposes.\nNo. 26 of 1870-71 An Act to amend the Laws relating to Gold Mining and\nfor other purposes.\nNo. 27 of 1870-71 An Act to further amend \"The Waste Lands Amendment\nAct, 1868-9.\".\nNo. 18 of 1872 An Act to Regulate the Alienation and Sale of the Waste\nLands of the Crown.\nSources of the Law Act 1985 3\n\nENDNOTES\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSources of The Law Act 1985 (Act No. 2, 1985)\nAssent date 1 April 1985\nCommenced 1 April 1985\nSources of the Law Act 1985 4","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Act is narrowly declaratory: it clarifies which historical laws are to be treated as in force in the Territory at a particular past date and sets a date for the applicability of English law. It does not expand regulatory reach, create new rights or obligations, or add ongoing administrative powers. Compared to its stated purpose (remove doubt about the law in force), the Act stays within that original scope."},"complexity_factors":["Very short Act: three operative sections plus a Schedule.","Single substantive rule with one explicit exception (s2(1) with exception in s2(2)).","Schedule lists about 30 historical South Australian Acts (creates a point of reference but not additional statutory complexity).","Minimal cross-references to other legislation; no multi-layered conditions, no delegated rule-making, no definitions section.","Some interpretive complexity remains for courts (historical statute identification, whether a statute was repealed by a listed statute), but that is factual/historical rather than textual complexity."],"plain_english_summary":"**What this law does (mechanically)\n\n- Declares which laws are to be treated as having been in force in the geographical area that is now the Northern Territory at the moment South Australia annexed it on 22 September 1863. (Section 2)\n- Specifically, it says the law of the Colony of South Australia immediately before 22 September 1863 — including the English common law and English statutes that applied to that Colony — is to be taken as the law in that area on that date, unless an exception in the Act applies. (Section 2(1))\n- It excludes from that declaration any statute listed in the Act's Schedule and any statute repealed by a statute in the Schedule. (Section 2(2) and the Schedule)\n- For questions about whether an English statute or rule applies to the Territory at all, the Act treats the Territory as having been established on 28 December 1836 (the founding date of the Province of South Australia). That date is the reference point for the applicability of English law. (Section 3)\n\nWho this affects\n\n- Courts and lawyers handling historical or retrospective legal questions about the Territory (for example, disputes over land title, leases, mining rights, or statutory rights that depend on which historical law applied).\n- Private parties whose rights or obligations were created under 19th‑century South Australian law (pastoralists, miners, landholders, lessees) because those historical laws are now treated as the baseline unless specifically excluded by the Schedule.\n- Government agencies and regulators that need to know which historical rules govern continuity of property, leases, or statutory obligations when resolving legacy issues.\n\nWhy it matters (concrete legal effects)\n\n- Legal certainty: the Act creates a single, clear historical baseline (South Australian law as of just before 22 Sep 1863) for deciding whether a pre‑1863 law was part of the law of the Territory. That reduces uncertainty about which old statutes or common law rules apply.\n- Exceptions matter: the Schedule lists statutes that are not to be taken as in force in the Territory on or about 22 Sep 1863. Any statute named there, and any statute it repealed, is excluded from the declared baseline, so those particular laws cannot be relied on as having been in force by virtue of this Act. (Section 2(2) and Schedule)\n- The Act adopts a legal “deeming” device: it does not itself create new substantive rights or obligations today, but it changes how courts treat past legal conditions. That can alter outcomes in historical-title litigation or other matters where the applicable law turns on what was in force at a past date.\n\nOfficial purpose claim and practical test\n\n- The instrument expressly aims to \"remove doubt as to the law in force in the Territory\" by declaring what is to be taken as the law on the annexation date. That is a declaratory purpose stated in the Act text and the accompanying long title.\n- Trade‑offs and implementation considerations:\n  - Certainty vs. accuracy: the Act simplifies judicial choice of law by imposing a single historical baseline, but it also fixes that baseline meaning courts cannot infer different local legal arrangements that may have in fact existed in particular places before or on that date. (Section 2)\n  - Distributional effects: the beneficiaries or losers are those with legal positions sensitive to the historical baseline (e.g., landholders, holders of leases or mineral rights). The Schedule’s exclusions (mostly land, pastoral and mineral statutes) indicate particular areas where the legislature did not want the declaratory baseline to operate. (Section 2(2) and Schedule)\n  - Administrative and litigation cost: the Act should reduce some litigation over “which law applied” questions, but it may generate fresh litigation about whether a particular rule was excluded by the Schedule or whether a statute was repealed by a listed statute.\n  - Bureaucratic discretion: the Act is declaratory and prescriptive rather than delegatory; it imposes no new administrative discretion or regulatory apparatus.\n\nConcrete mechanisms to watch\n\n- Courts will apply South Australian law (as of immediately before 22 Sep 1863) as the default historical law for the Territory, unless the law at issue is one of the listed exclusions. (Section 2(1)–(2))\n- For questions about applicability of statutes or rules of England, the date of establishment is fixed at 28 December 1836, which is the temporal cut‑off for consideration of English statute applicability. (Section 3)\n\nPrimary provisions cited: Section 2 (declaration and exceptions), Section 3 (deeming date), Schedule (listed excluded statutes)."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: clarifying the state of law in the Northern Territory as of 22 September 1863. It has not expanded beyond this historical declaratory function."},"complexity_factors":["Very short statute (only 3 operative sections plus a Schedule)","Single clear purpose with straightforward declaratory language","Limited defined terms (only implicit references to 'Territory' and 'Colony of South Australia')","Simple conditional structure in section 2(1) with one exception in section 2(2)","Schedule contains a simple list of 24 excluded statutes with their numbers and titles","No nested exceptions or complex cross-referencing to other legislation","Historical context required to understand significance, but statutory text itself is plain"],"plain_english_summary":"**What this law does:**\n\nThis Act settles a historical legal question about what laws applied in the Northern Territory when it was first transferred from New South Wales to South Australia in 1863.\n\n**The problem it solves:**\n\nBefore this Act, there was uncertainty about which laws were actually in force in the Northern Territory when South Australia took control on 22 September 1863. The Territory had previously been part of New South Wales, so there was doubt about whether NSW laws continued or whether South Australian laws took over immediately.\n\n**What it decides:**\n\n- **Section 2** declares that the laws of South Australia (as they existed just before 22 September 1863) became the law of the Northern Territory on that date. This includes English common law and English statutes that applied to South Australia.\n- **However**, it specifically excludes certain South Australian land and pastoral laws listed in the Schedule. These laws about Crown lands, waste lands, stock assessments, and pastoral leases did NOT apply to the Territory.\n- **Section 3** fixes another technical date: for working out which English laws applied to the Territory, the Territory is treated as if it was established on 28 December 1836 (the date South Australia was founded). This matters because English laws only applied to colonies established after certain dates.\n\n**Who it affects:**\n\nPrimarily lawyers, historians, and courts dealing with historical land titles, property rights, or legal disputes dating back to the 1860s. It matters for anyone tracing ownership or legal rights in the Territory back to the colonial period.\n\n**Why it matters:**\n\nThis is a \"statute of repose\" — it removes legal uncertainty about the Territory's foundational legal history. Without it, disputes about land titles or historical rights could drag on forever with arguments about which colonial laws actually applied in 1863."}},"importantCases":[],"_links":{"self":"/api/acts/sources-of-the-law-act-1985","history":"/api/acts/sources-of-the-law-act-1985/history","analysis":"/api/acts/sources-of-the-law-act-1985/analysis","conflicts":"/api/acts/sources-of-the-law-act-1985/conflicts","importantCases":"/api/acts/sources-of-the-law-act-1985/important-cases","documents":"/api/acts/sources-of-the-law-act-1985/documents"}}