This compilation was prepared on 1 September 2005
taking into account amendments up to Ordinance No. 1 of 2001
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
Page
1 Citation [see Note 1]
2 Interpretation
3 Power to make regulations
3A Supply of a service
3B Fees
3D Power to determine fees — applied Act
4 Determination of fees
5 Tabling and disallowance of determination
6 Delegation
Notes
An Ordinance to provide for the Administration of the Jervis Bay Territory
1 Citation [see Note 1]
This Ordinance may be cited as the Administration Ordinance 1990.
2 Interpretation
In this Ordinance, unless the contrary intention appears:
applied Act means:
(a) an Act, or Ordinance, of the Australian Capital Territory in force in the Territory because of section 4A of the Act; and
(b) a continued State law that is an Act of New South Wales.
the Act means the Jervis Bay Territory Acceptance Act 1915.
3 Power to make regulations
(1) The Minister may make regulations under an applied Act.
(2) Regulations made because of this section:
(a) must not be inconsistent with the applied Act under which they are made; and
(b) may prescribe matters:
(i) required or permitted to be prescribed; or
(ii) necessary or convenient to be prescribed for carrying out or giving effect to the applied Act; and
(c) if the applied Act specifies other matters in respect of which regulations may be made — may include those other matters; and
(d) if the applied Act permits the making of regulations prescribing penalties not exceeding a specified amount — may prescribe penalties not exceeding that amount.
(3) Nothing in this section affects the application, so far as applicable, in the Territory of Regulations made under an Act, or Ordinance, of the Australian Capital Territory.
3A Supply of a service
The Minister may make provision for the supply or use of any of the following utilities and services:
(a) water;
(b) electricity;
(c) gas;
(d) drainage and sewerage;
(e) refuse removal.
3B Fees
(1) There is imposed on a person a fee in relation to:
(a) the provision, by the Minister, of a utility to the person; or
(b) the use, by the person, of a service provided by the Minister;
being the fee determined by the Minister, from time to time, to be the fee applicable to the utility or service.
(2) A determination is of no effect in relation to any particular fee unless notice of the fee is published in the Gazette.
(2A) A determination must specify the date on which the fee commences to apply, and may specify:
(a) the manner in which the fee is to be paid; and
(b) a date or period before the end of which the fee must be paid.
(3) A determination may, in relation to a utility or service that is supplied in different localities or in different circumstances, fix different fees.
(4) The amount of a fee is a debt due to the Commonwealth.
3D Power to determine fees — applied Act
(1) If an applied Act provides for a person, or the holder of an office, to determine a fee the Minister may determine the fee:
(a) as nearly as is practicable, in accordance with the applied Act; and
(b) as if a reference to that person or holder were a reference to the Minister.
(2) Despite any provision to the contrary in an applied Act to which this section applies, a determination under this section is of no effect unless notice of the fee is published in the Gazette.
4 Determination of fees
(1) If:
(a) an applied Act provides for fees to be determined by the Australian Capital Territory Minister and published in the Australian Capital Territory Gazette; and
(b) that Minister makes a determination under the applied Act as in force in the Australian Capital Territory; and
(c) the determination is published in the Australian Capital Territory Gazette;
then, for the purpose of the applied Act as in force in the Territory, the determination is taken to have been made by the Minister and published in the Gazette.
(2) Subsection (1) does not affect the power of the Minister to determine fees under an applied Act.
5 Tabling and disallowance of determination
Sections 4G, 4H, 4J and 4K of the Jervis Bay Territory Acceptance Act 1915 apply in relation to a determination under this Ordinance as if a reference in those sections to an Ordinance were a reference to such a determination.
6 Delegation
The Minister may delegate, in writing, to the holder of an office in the Department:
(a) the Minister’s power, under subsection 3B (1), to determine a fee; or
(b) the Minister’s power, under subsection 3D (1), to determine a fee.
Notes to the Administration Ordinance 1990
Note 1
Note: The Administration Ordinance 1990 (in force under the Jervis Bay Territory Acceptance Act 1915) as shown in this compilation comprise Ordinance No. 1 of 1990 amended as indicated in the Tables below.