1Application of Laws Ordinance 1989 (ACI)

THE TERRITORY OF ASHMORE AND CARTIER ISLANDS

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Application of Laws Ordinance 1989

No. 2 of 1989

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Ashmore and Cartier Islands Acceptance Act 1933.

Dated 29 august 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

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Minister of State for the Arts, Tourism and Territories

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An Ordinance applying some laws and repealing others

Short title

1. This Ordinance may be cited as the Application of Laws Ordinance 1989.1

Commencement

2. This Ordinance commences on the day on which the Ashmore and Cartier Islands Acceptance Amendment Act 1985 comes into operation.

Repeal

3. Subject to section 4, the laws in force in the Territory specified in Schedule 1 are repealed.

Prohibition of certain acts that are prohibited in the Northern Territory

4. (1) Where under an Act of the Northern Territory specified in Schedule 2, as in force from time to time, a person is prohibited from doing an act in that Territory unless he or she is permitted, in a manner specified in that Act, to do that act, a person shall not do that act in the Territory unless he or she is so permitted to do that act in the Northern Territory or unless he or she is permitted to do that act in a State, or another Territory, in a manner specified in a law of that State or of that other Territory.

Penalty: (a) if the offender is a natural person—$1,000 or imprisonment for 6 months or both; or

(b) if the offender is a body corporate—$5,000.

(2) Where, in proceedings for an offence against subsection (1) in respect of any conduct engaged in by a corporation, it is necessary to establish the state of mind of the corporation, it is sufficient to show that a director, servant or agent of the corporation, being a director, servant or agent who engaged in the conduct within the scope of his or her actual or apparent authority, had that state of mind.

(3) For the purposes of subsection (1), any conduct engaged in on behalf of a corporation:

(a) by a director, servant or agent of the corporation within the scope of his or her actual or apparent authority; or

(b) by any other person at the direction or with the consent or agreement (whether express or implied) of a director, servant or agent of the corporation, where the giving of such direction, consent or agreement is within the scope of the actual or apparent authority of the director, servant or agent;