The Act formally accepts Ashmore and Cartier Islands as a Commonwealth Territory and implements the 1931 Order in Council, creating a governance framework: Northern Territory laws operate in the Territory (with a specific exclusion of Chapter 2 of the Commonwealth Criminal Code for matters arising from those adopted laws), Commonwealth Acts apply unless otherwise stated, and the Governor‑General may make Ordinances. Executive control is concentrated in the Minister (appointments, delegation), Northern Territory courts handle disputes, and Parliament reviews Ordinances via disallowance.
Mechanically, the Ashmore and Cartier Islands Acceptance Act 1933 (the Act) brings the Ashmore Islands and Cartier Island under Commonwealth authority and establishes the legal framework for governing that Territory. Section 5 declares the Islands to be accepted by the Commonwealth as a Territory under the name "Territory of Ashmore and Cartier Islands". The Governor‑General is given power by proclamation to fix the date on which an earlier Order in Council (dated 23 July 1931) comes into operation (s 4). The Act imports the law of the Northern Territory into the Territory, subject to the Act’s qualifications (s 6 and s 6(2)), and provides that Commonwealth Acts apply in the Territory unless otherwise provided (s 8(1)). The Governor‑General may make Ordinances for the Territory (s 9), subject to publication and parliamentary tabling and disallowance rules (s 10 and following). The courts of the Northern Territory are given jurisdiction in and in relation to the Territory (s 12). Administrative powers and functions arising under laws adopted by virtue of s 6 are vested in the Minister, who may delegate and appoint persons to exercise them, and may arrange for Northern Territory officers to exercise functions (ss 11 and 11A). The Governor‑General, on the advice of the Minister, may grant pardons and remissions to persons convicted by a court exercising criminal jurisdiction in or in relation to the Territory (s 13).
The Act also contains procedural controls on delegated law‑making: tabling and disallowance rules (s 10), limits on re‑making provisions while subject to tabling or disallowance (ss 10A, 10B, 10C), and equivalent requirements for regulations, rules and by‑laws (s 10D). It defines “law” for the purpose of adopting Northern Territory law to include common law and equity but expressly to exclude an Act (s 6(2)(a)-(b)). A specific exclusion prevents Chapter 2 of the Criminal Code applying in relation to matters arising under laws in force in the Territory because of s 6 (s 6A). Finally, an amendment provision at the end of the text labelled “4 , Application of Amendments” provides that amendments made by the Act apply prospectively and supplies a rule for ascertaining alleged acts or omissions that straddle an amendment commencement date.
Current sections
Direct links to the current provisions in Ashmore and Cartier Islands Acceptance Act 1933.
19
1
Short title [see Note 1]
1 Short title [see Note 1]
This Act may be cited as the Ashmore and Cartier Islands Acceptance Act 1933.
2
Commencement [see Note 1]
2 Commencement [see Note 1]
This Act shall commence on a date to be fixed by proclamation.
3
Interpretation
3 Interpretation
In this Act, unless the contrary intention appears:
Ordinance means an Ordinance made under this Act.
the Islands means the Ashmore Islands and Cartier Island.
the Territory means the Territory of Ashmore and Cartier Islands.
4
Proclamation by Governor‑General fixing date on which Order in Council shall come into operation [see Note 2]
4 Proclamation by Governor‑General fixing date on which Order in Council shall come into operation [see Note 2]
The Governor‑General may by proclamation fix a date for the coming into operation of the above‑recited Order in Council dated the twenty‑third day of July One thousand nine hundred and thirty‑one by which the Islands are placed under the authority of the Commonwealth of Australia.
5
Acceptance of Ashmore Islands and Cartier Island
5 Acceptance of Ashmore Islands and Cartier Island
The Islands are by this Act declared to be accepted by the Commonwealth as a Territory under the authority of the Commonwealth, under the name of the Territory of Ashmore and Cartier Islands.
6
Application of Northern Territory laws
6 Application of Northern Territory laws
(1) Subject to this Act, a law of the Northern Territory as in force from time to time (including a law made before the commencement of this section) is, so far as applicable, in force in the Territory.
(2) In subsection (1), law:
(a) includes a principle or rule of common law or equity; and
(b) does not include an Act.
6A
Criminal Code does not apply
6A Criminal Code does not apply
Chapter 2 of the Criminal Code does not apply in relation to, or in relation to matters arising under, a law in force in the Territory because of section 6.
7
Ordinance may amend or repeal adopted laws
7 Ordinance may amend or repeal adopted laws
A law in force in the Territory by virtue of section 6 may be amended or repealed by an Ordinance or by a law made under an Ordinance.
8
Application of Commonwealth Acts
8 Application of Commonwealth Acts
(1) An Act or a provision of an Act (whether passed before or after the commencement of this section) is in force as such in the Territory except as otherwise provided by that Act or by another Act.
(2) An Ordinance shall not be made so far as it affects the application of an Act of its own force in or in relation to the Territory.
9
Ordinances
9 Ordinances
(1) The Governor‑General may make Ordinances for the peace, order and good government of the Territory.
(2) Notice of the making of an Ordinance shall be published in the Gazette, and an Ordinance shall, unless the contrary intention appears in the Ordinance, come into operation on the date of publication of the notice.
10
Tabling of Ordinances
10 Tabling of Ordinances
(1) An Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the making of the Ordinance and, if it is not so laid before each House of the Parliament, ceases to have effect.
(2) If either House of the Parliament, in pursuance of a motion of which notice has been given within 15 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.
(3) If, at the expiration of 15 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 15 sitting days after the Ordinance has been laid before that House:
(a) the notice has not been withdrawn and the motion has not been called on; or
(b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the Ordinance or part, as the case may be, specified in the motion shall thereupon be deemed to have been disallowed.
(4) If, before the expiration of 15 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:
(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and
(b) at the time of the dissolution, expiry or prorogation, as the case may be:
(i) the notice has not been withdrawn and the motion has not been called on; or
(ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the Ordinance shall, for the purposes of subsections (3) and (4), 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.
(5) 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 (1), the disallowance of the Ordinance or the operation of subsection (1) in relation to the Ordinance, as the case may be, has the same effect as a repeal of the Ordinance.
(5A) Where:
(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 (1); and
(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;
the disallowance of the relevant Ordinance or the operation of subsection (1) 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 (1), as the case may be, as if the relevant Ordinance had not been made.
(5B) A reference in subsection (5) or (5A) to an Ordinance shall be read as including a reference to a part of an Ordinance, and a reference in subsection (5A) to a law has a corresponding meaning.
10A
Ordinance not to be re‑made while required to be tabled
10A Ordinance not to be re‑made while required to be tabled
(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.
(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:
(a) if the original Ordinance has been laid, in accordance with subsection 10(1), before both Houses of the Parliament on the same day—that day;
(b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 10(1) could have been complied with.
(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
10B
Ordinance not to be re‑made while subject to disallowance
10B Ordinance not to be re‑made while subject to disallowance
(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:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 10(3);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 10(4) has applied in relation to the Ordinance.
(2) Where:
(a) because of subsection 10(4), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;
no Ordinance containing a provision being the same in substance as a provision of the first‑mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 10(3);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 10(4) has applied again in relation to the Ordinance.
(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
(4) This section does not limit the operation of section 10A or 10C.
(5) In this section:
Ordinance includes a part of an Ordinance.
10C
Disallowed Ordinance not to be re‑made unless resolution rescinded or House approves
10C Disallowed Ordinance not to be re‑made unless resolution rescinded or House approves
If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 10, 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:
(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
(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.
10D
Regulations, rules and by‑laws
10D Regulations, rules and by‑laws
(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.
(2) Subsections 10(2) to (5B), inclusive, and sections 10A, 10B and 10C 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.
(3) In this section, regulations includes rules and by‑laws.
11
Powers and functions under adopted laws
11 Powers and functions under adopted laws
(1) Subject to subsection (2), where, by any law in force in the Territory by virtue of section 6, a power or function is vested in a person or authority (not being a court), that power or function is, in relation to the Territory, vested in, and may be exercised or performed by, the Minister.
(2) The Minister may direct that a power or function vested in a person or authority (not being a court) by a law in force in the Territory by virtue of section 6 shall, in relation to the Territory, be vested in, and may be exercised or performed by, such other person or authority as the Minister specifies.
(3) The Minister may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to a person any or all of the Minister’s powers under this section, other than this power of delegation.
(4) A power so delegated, when exercised by the delegate, shall, for the purposes of this section, be deemed to have been exercised by the Minister.
(5) A delegation of a power under this section does not prevent the exercise of the power by the Minister.
(6) The Minister may appoint, on such terms as to remuneration and otherwise as are determined by the Minister, such persons as the Minister considers necessary to exercise powers and perform functions under this section.
11A
Arrangements with Northern Territory
11A Arrangements with Northern Territory
The Minister may make arrangements with the appropriate Ministers of the Northern Territory for the exercise of powers and the performance of functions in and in relation to the Territory under laws in force in the Territory by officers and employees of the Government of the Northern Territory and of authorities of the Northern Territory.
12
Courts of Northern Territory to have jurisdiction in Territory
12 Courts of Northern Territory to have jurisdiction in Territory
(1) The courts of the Northern Territory have jurisdiction in and in relation to the Territory.
(2) In the exercise of its jurisdiction under this section a court of the Northern Territory may sit in the Territory or in the Northern Territory.
(3) The practice and procedure of a court exercising jurisdiction under this section shall be the practice and procedure in force from time to time in relation to that court in the Northern Territory.
13
Grant of pardon, remission etc.
13 Grant of pardon, remission etc.
(1) The Governor‑General, acting with the advice of the Minister, may, by warrant under the Governor‑General’s hand, grant to a person convicted by a court exercising criminal jurisdiction in or in relation to the Territory a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as the Governor‑General thinks fit, of the execution of sentence, and may remit any fine, penalty or forfeiture imposed or incurred under a law in force in the Territory.
(2) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Minister, may, by warrant under the Governor‑General’s hand, grant a pardon to any accomplice who gives evidence that leads to the conviction of the principal offender or any of the principal offenders.
Source text
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Ashmore and Cartier Islands Acceptance Act 1933.
2 — Commencement [see Note 1]
This Act shall commence on a date to be fixed by proclamation.
3 — Interpretation
In this Act, unless the contrary intention appears:
Ordinance means an Ordinance made under this Act.
the Islands means the Ashmore Islands and Cartier Island.
the Territory means the Territory of Ashmore and Cartier Islands.
4 — Proclamation by Governor‑General fixing date on which Order in Council shall come into operation [see Note 2]
The Governor‑General may by proclamation fix a date for the coming into operation of the above‑recited Order in Council dated the twenty‑third day of July One thousand nine hundred and thirty‑one by which the Islands are placed under the authority of the Commonwealth of Australia.
5 — Acceptance of Ashmore Islands and Cartier Island
The Islands are by this Act declared to be accepted by the Commonwealth as a Territory under the authority of the Commonwealth, under the name of the Territory of Ashmore and Cartier Islands.
6 — Application of Northern Territory laws
(1) Subject to this Act, a law of the Northern Territory as in force from time to time (including a law made before the commencement of this section) is, so far as applicable, in force in the Territory.
(2) In subsection (1), law:
(a) includes a principle or rule of common law or equity; and
(b) does not include an Act.
6A — Criminal Code does not apply
Chapter 2 of the Criminal Code does not apply in relation to, or in relation to matters arising under, a law in force in the Territory because of section 6.
7 — Ordinance may amend or repeal adopted laws
A law in force in the Territory by virtue of section 6 may be amended or repealed by an Ordinance or by a law made under an Ordinance.
8 — Application of Commonwealth Acts
Ashmore and Cartier Islands Acceptance Act 1933 | Zoe
The Act therefore creates a compact legal architecture: acceptance and naming of the Territory, importation of certain Northern Territory legal material, a central ordinance power exercised by the Governor‑General with parliamentary oversight, ministerial administrative control over powers adopted from Northern Territory law, judicial reference to the Northern Territory courts, and a narrowly expressed criminal law limitation.
Main concepts
Several core statutory concepts organise the Act’s legal effects.
Territorial acceptance and commencement: Section 5 is declaratory , the Islands are accepted as a Commonwealth Territory. Section 4 empowers the Governor‑General to fix the commencement date by proclamation for an Order in Council that places the Islands under Commonwealth authority. Thus operational effect depends on an executive proclamation tied to an antecedent Order in Council (s 4 and s 5).
Adoption of Northern Territory law, narrowly defined: Section 6 provides that, subject to the Act, "a law of the Northern Territory as in force from time to time (including a law made before the commencement of this section) is, so far as applicable, in force in the Territory." The Act then defines "law" for this purpose to include a principle or rule of common law or equity and to exclude an Act (s 6(2)(a)-(b)). The textual pairing means common law and equitable principles, and other non‑Act elements described as "law", are adopted into the Territory’s legal order, but Northern Territory Acts (statutes) are not imported by that definition. The Act further provides that laws adopted under s 6 may be amended or repealed by Ordinance (s 7).
Criminal law carve‑out: Section 6A states that Chapter 2 of the Criminal Code does not apply in relation to, or to matters arising under, a law in force in the Territory because of s 6. The text creates a specific exemption affecting the application of that part of federal criminal law to adopted laws.
Ordinance power and parliamentary oversight: The Governor‑General may make Ordinances for "peace, order and good government" (s 9(1)). Ordinances are published in the Gazette and generally take effect on that publication (s 9(2)). Ordinances must be laid before each House of Parliament within 15 sitting days (s 10(1)). Failure to comply causes the Ordinance to cease to have effect; both Houses have disallowance powers and detailed procedural rules apply, including revival of previously repealed laws if a repealing Ordinance is disallowed (s 10(5)-(5A)). Additional sections (10A, 10B, 10C) impose limits on re‑making Ordinance provisions while subject to tabling or disallowance and on re‑making disallowed provisions for six months unless specified parliamentary approvals are obtained. Regulations, rules and by‑laws made under Ordinances are subject to equivalent tabling and disallowance procedures (s 10D).
Ministerial centralisation and delegation: Section 11 vests powers and functions that, under laws in force by virtue of s 6, are vested in a person or authority (not being a court), in the Minister in relation to the Territory. The Minister may direct that a power or function shall be vested in and exercised by another person or authority, delegate powers (other than the power of delegation), and appoint persons on such terms as the Minister determines to exercise powers and functions (ss 11(1)-(6)). Section 11A permits arrangements with Northern Territory Ministers for the exercise of powers by officers and employees of the Northern Territory government and authorities.
Judicial and executive interfaces: Courts of the Northern Territory are given jurisdiction in and in relation to the Territory (s 12). Such courts may sit in the Territory or in the Northern Territory and apply the practice and procedure in force for that court in the Northern Territory (s 12(1)-(3)). The Governor‑General, acting with the advice of the Minister, holds pardon and remission powers for convictions by courts exercising criminal jurisdiction in or in relation to the Territory (s 13).
Prospective application of amendments: The closing provision labelled "4 , Application of Amendments" operates to make amendments prospective only, applying to acts and omissions occurring after the amendment commences, and supplies a rule for alleged acts or omissions spanning the commencement date.
These concepts frame who decides (Governor‑General, Minister, Parliament), which legal materials apply (Northern Territory non‑statutory law, Commonwealth Acts subject to specified limits), how subordinate law is produced and scrutinised (Ordinances, tabling and disallowance), and where disputes are litigated (Northern Territory courts).
Who it affects
The Act distributes decision rights and operational burdens across Commonwealth executive actors, Parliament, the Northern Territory’s legal machinery, and persons subject to Territory law.
Who decides and exercises authority
Governor‑General: empowered to fix the commencement date by proclamation of the Order in Council (s 4) and to make Ordinances for the Territory (s 9(1)). The Governor‑General also exercises pardon and remission powers, acting with the advice of the Minister (s 13).
Minister: vested with powers and functions that, under adopted Northern Territory laws, are vested in non‑court persons or authorities, and with power to direct, delegate and appoint persons to exercise those functions (s 11). The Minister also advises the Governor‑General on pardons and remissions (s 13).
Parliament: both Houses exercise oversight via tabling and disallowance procedures for Ordinances and regulations (s 10 and s 10D) and may prevent re‑making of provisions under ss 10A-10C by resolution requirements. Parliament thus has a direct check on the Governor‑General/Executive law‑making in the Territory.
Who is governed by Territory law
Persons and activities in the Territory are governed by laws in force there, which comprise adopted Northern Territory "law" as defined in s 6(2), Ordinances and regulations made under the Act, and Commonwealth Acts that apply to the Territory (s 6(1), s 9, s 10D, s 8(1)). The Act itself does not enumerate categories of private actors but establishes the legal instruments that will govern residents, visitors, businesses, and any operational actors on the Islands.
Officials and institutions operating in or for the Territory
Northern Territory courts: given jurisdiction in and in relation to the Territory (s 12), so judges and court staff are affected where they sit and apply Northern Territory practice and procedure (s 12(2)-(3)).
Northern Territory government officers and authorities: may, by arrangement with the Commonwealth Minister, exercise powers and perform functions in relation to the Territory (s 11A). This affects NT public servants who may be asked to act in the Territory under intergovernmental arrangements.
Persons appointed by the Minister under s 11(6): the Minister may appoint persons to exercise powers and perform functions, affecting appointees’ remuneration and terms as determined by the Minister.
Who bears regulatory compliance burdens
Any person subject to Ordinances or regulations made under the Act will bear compliance obligations created by those instruments. Because the Act imports Northern Territory non‑statutory law and permits Ordinances to amend those laws (s 7), individuals and entities must monitor both adopted Northern Territory legal doctrines and the Ordinances/regulations the Governor‑General and Minister enact.
Courts and prosecutorial authorities: enforcement consequences from adopted laws will fall to prosecutorial agencies and the courts of the Northern Territory, subject to the constraints that Chapter 2 of the Criminal Code does not apply to matters arising under s 6 adopted laws (s 6A).
Indirectly affected parties
Businesses or maritime operators interacting with the Islands will be governed by the composite legal regime , adopted common law/equity principles, Ordinances, and applicable Commonwealth Acts , and should be attentive to publication in the Gazette and parliamentary tabling processes that can suspend or disallow legislative instruments (s 9, s 10).
Legal practitioners and compliance professionals advising clients with matters arising in the Territory must track delegated legislation, ministerial delegations under s 11, and arrangements under s 11A, since powers may be exercised by central Commonwealth ministerial decision or by Northern Territory officers under arrangement.
In short, the Act primarily affects Commonwealth executive decision‑makers (Governor‑General, Minister), Parliament as oversight institution, Northern Territory courts and officers, and any person or entity within the Territory whose legal rights and obligations will be constituted by the adopted law, Ordinances, regulations, and applicable Commonwealth Acts.
Key duties and rights
The Act does not create an extensive catalogue of individual rights or private duties but instead establishes institutional duties, procedural obligations for law‑making, ministerial powers and administrative rights. The relevant operational duties and rights are statutory and arise from the specific sections.
Duties on the Governor‑General and executive
Proclamation duty: the Governor‑General may, by proclamation, fix the date on which the Order in Council placing the Islands under Commonwealth authority comes into operation (s 4). This is a discretionary power but is the mechanism that gives legal effect to the acceptance declared in s 5.
Ordinance power and publication duty: the Governor‑General may make Ordinances for peace, order and good government (s 9(1)). Ordinances must be published in the Gazette, and, unless an Ordinance otherwise provides, the Ordinance comes into operation on publication (s 9(2)). The Governor‑General/Executive therefore has a duty to ensure publication for operational effect.
Parliamentary procedural duties and rights
Tabling requirement: an Ordinance must be laid before each House within 15 sitting days of that House after the making of the Ordinance (s 10(1)). Failure to do so causes the Ordinance to cease to have effect. The Houses have the right to move a motion to disallow within 15 sitting days, and either House can disallow by resolution (s 10(2)).
Disallowance processes: the Act lays out specific procedural consequences if notice is given and a motion to disallow is not called on or is unresolved within the prescribed period (s 10(3)-(4)); the Houses also have rights to disallow or, where disallowed, to revive prior law under particular circumstances (s 10(5)-(5A)).
Limits on re‑making: ss 10A, 10B and 10C give Parliament rights to constrain the Executive from re‑making disallowed provisions or provisions of the same substance while subject to tabling/disallowance periods or within six months after disallowance without parliamentary approvals.
Ministerial duties and authorities
Vesting of powers: where a power or function is vested in a person or authority by a law in force in the Territory by virtue of s 6, that power is in relation to the Territory vested in and exercisable by the Minister, subject to subsection (2) (s 11(1)). The Minister therefore has the duty to exercise or cause to be exercised those powers unless he or she directs otherwise.
Direction and delegation: the Minister may direct that a power or function be vested in another person or authority, may delegate (other than the power of delegation), and may appoint persons on such terms as the Minister determines to exercise powers (ss 11(2)-(6)). The Minister must exercise these administrative rights in accordance with any instrument of delegation and applicable law.
Arrangements duty: the Minister may make arrangements with appropriate Northern Territory Ministers for exercise of powers by Northern Territory officers and authorities (s 11A). That confers discretion to outsource or coordinate administration with NT bodies.
Judicial rights and duties
Jurisdiction: courts of the Northern Territory have jurisdiction in and in relation to the Territory (s 12(1)). Those courts may sit in the Territory or the Northern Territory and must follow the practice and procedure of that court in the Northern Territory (ss 12(2)-(3)). Parties have the rights and obligations attendant on having disputes determined in those courts subject to their established practice and procedure.
Rights of pardon and remission
The Governor‑General, acting with the advice of the Minister, has power to grant pardons, remissions, commutations or respites for sentences and to remit fines or penalties imposed under a law in force in the Territory (s 13(1)). The Governor‑General may, with Ministerial advice, grant a pardon to an accomplice who gives evidence leading to the conviction of a principal offender (s 13(2)).
Rights and duties of private persons
Compliance with adopted law, Ordinances and applicable Commonwealth Acts: persons present in the Territory must comply with the law in force there, which includes adopted Northern Territory law as defined in s 6, Ordinances and regulations (ss 6, 7, 9, 10D, 8(1)). The Act itself does not list particular private duties, fines or criminal offences; such obligations arise from the operative laws adopted or enacted under the Act.
Procedural duties with legal consequences
Publication and tabling consequences: the procedural duties on the Executive to publish Ordinances and on the Executive to table them within prescribed periods have legal consequences for the validity of instruments (s 9(2), s 10(1)). Instruments failing those duties cease to have effect, and re‑made provisions may be void if they contravene ss 10A-10C.
In sum, the Act distributes rights and duties along institutional lines: executive rights to make laws and to manage administration, parliamentary rights to supervise and disallow, judicial rights to determine disputes, and private duties to obey the substantive law in force in the Territory as adopted or enacted under the Act.
Penalties and enforcement
The Act itself does not create particular penal statutes or prescribe specific fines or imprisonment terms. Its enforcement architecture is indirect and operates through adoption of existing laws, the making of Ordinances and regulations, and judicial jurisdiction.
Sources of offences and penalties
Adopted laws: Section 6 brings into force "a law of the Northern Territory as in force from time to time" in the Territory, subject to the definition of "law" in s 6(2). Offences and penalties therefore arise from those laws that have been adopted into the Territory, but the Act does not itself specify particular criminal provisions. Practically, enforcement follows from the content of the adopted Northern Territory law and any Ordinances or regulations made under the Act (s 7 permits Ordinances to amend or repeal adopted laws).
Ordinances and regulations: The Governor‑General may make Ordinances for the peace, order and good government of the Territory (s 9(1)), and regulations, rules and by‑laws made under an Ordinance are subject to s 10D. Any Ordinance or regulation may create offences and penalties; those instruments must satisfy the procedural conditions for publication and parliamentary tabling to be effective (ss 9(2), 10(1), 10D(1)).
Enforcement institutions and jurisdiction
Courts: Courts of the Northern Territory have jurisdiction "in and in relation to the Territory" (s 12(1)) and thus are the designated tribunals to try offences and enforce penalties created by applicable Territory law. The practice and procedure of those courts are the same as in the Northern Territory (s 12(3)), so enforcement proceedings follow Northern Territory court practice.
Executive enforcement: The Minister, vested with powers and functions that may have been assigned under adopted law (s 11(1)), may appoint persons to exercise powers and perform functions (s 11(6)). Enforcement agencies operating under the Minister or under arrangements with Northern Territory authorities (s 11A) will carry out administrative enforcement.
Criminal law limitation
Section 6A removes Chapter 2 of the Criminal Code from applying "in relation to, or in relation to matters arising under, a law in force in the Territory because of section 6." This provision narrows the applicability of a specific part of the Criminal Code to matters that arise under s 6‑adopted laws. The Act does not otherwise comment on the application of other Commonwealth criminal provisions; s 8(1) provides that Commonwealth Acts apply in the Territory except as otherwise provided by those Acts (s 8(1)).
Consequences of procedural non‑compliance for enforcement instruments
An Ordinance that is not laid before each House within 15 sitting days ceases to have effect (s 10(1)). An Ordinance disallowed by resolution or deemed disallowed ceases to have effect (s 10(2)-(3)), and when an Ordinance that repealed earlier law is disallowed, the earlier law is revived as if the repealing Ordinance had not been made (s 10(5)-(5A)). These procedural invalidations affect whether instruments creating offences are legally enforceable; enforcement action based on an Ordinance that has ceased to have effect would be undermined by the statutory lapse.
No direct criminal enforcement powers in the Act
Apart from the pardon and remission power (s 13), the Act confers no criminal investigative or prosecutorial powers directly. Enforcement duties and powers derive from the adopted law and instruments made under the Act, and from the operational arrangements the Minister establishes, including delegation, appointment and intergovernmental arrangements with the Northern Territory (ss 11 and 11A).
For practitioners, the practical enforcement landscape requires verifying whether the instrument creating an offence remains in force, whether it was properly published and tabled, and whether Chapter 2 of the Criminal Code is applicable to the matter in question (s 6A).
How it interacts with other laws
The Act establishes several specific interfaces with Northern Territory law, Commonwealth Acts, and the Criminal Code, and sets hierarchical relationships for subordinate legislation and statutory instruments.
Northern Territory law
Adoption of Northern Territory "law": Section 6 brings into force, "so far as applicable", a "law of the Northern Territory as in force from time to time (including a law made before the commencement of this section)". Section 6(2) clarifies that "law" includes principles or rules of common law or equity and does not include an Act. This creates a selective uptake: non‑statutory elements of Northern Territory law and perhaps subordinate law (if captured by the broad wording) are adopted, but Northern Territory Acts (statutes) are excluded by the text of s 6(2)(b). The Act thereby interfaces with Northern Territory legal materials by importing them to the extent the term "law" (as defined) covers them.
Amendment and repeal of adopted law: Section 7 expressly permits an Ordinance or a law made under an Ordinance to amend or repeal a law in force in the Territory by virtue of s 6. The Act therefore creates a route for Commonwealth executive law‑making to modify the content of the adopted Northern Territory law within the Territory.
Commonwealth Acts
General application: Section 8(1) provides that "An Act or a provision of an Act (whether passed before or after the commencement of this section) is in force as such in the Territory except as otherwise provided by that Act or by another Act." That means Commonwealth legislation generally extends to the Territory unless that legislation contains an express provision to the contrary, or another Act displaces it. The Act thus situates the Territory within the reach of Commonwealth statutory law as a default rule.
Ordinances cannot conflict with Commonwealth Acts of their own force: Section 8(2) states "An Ordinance shall not be made so far as it affects the application of an Act of its own force in or in relation to the Territory." This is a direct non‑derogation rule: Ordinances are not to be made to alter the application of a Commonwealth Act where that Act applies of its own force. It establishes a hierarchy in which Commonwealth Acts of their own force take precedence over Ordinances made under the Act.
Criminal Code carve‑out
Section 6A prevents Chapter 2 of the Criminal Code applying "in relation to, or in relation to matters arising under, a law in force in the Territory because of section 6." This provision limits the reach of that part of the Criminal Code to matters arising from adopted Northern Territory laws. The Act does not state the reason for the carve‑out; mechanically, it removes one particular set of federal criminal provisions from applying to legal matters arising by reason of adoption under s 6.
Procedural interaction: Ordinances and Parliament
Section 10 and related subsections establish the procedural interaction between Executive law‑making (Ordinances and regulations) and Parliamentary oversight. Ordinances and regulations must be published and laid before Parliament, and are subject to disallowance procedures which can nullify them and revive prior law in certain circumstances (s 10(5)-(5A)). Sections 10A-10C further regulate the Executive’s ability to re‑make provisions that are the same in substance while they are required to be tabled, while they are subject to disallowance, or within six months after disallowance, unless Parliament consents by resolution. Section 10D extends the tabling and disallowance rules to regulations, rules and by‑laws. These provisions structure how Ordinances interact with parliamentary power, and therefore with other federal and Territory instruments that Parliament may prefer to govern the Territory.
Interoperability of courts and procedure
Section 12 gives Northern Territory courts jurisdiction in and in relation to the Territory and requires those courts to follow the practice and procedure in force for those courts in the Northern Territory (s 12(3)). This aligns court procedure between the Territory and the Northern Territory and ensures interoperability of judicial practice and rules.
Administrative arrangements with Northern Territory
Section 11A allows arrangements with appropriate Northern Territory Ministers for exercise of powers by NT officers and employees in relation to the Territory. This enables administrative cooperation and practical cross‑jurisdictional exercise of functions.
Prospective amendments
The closing provision labelled "4 , Application of Amendments" provides that amendments made by the Act apply only to acts and omissions after the amendment commences and supplies a rule for when an act or omission is alleged to straddle that commencement date. This limits retroactive application and clarifies interaction between amendment commencement and alleged conduct.
Overall, the Act places Commonwealth Acts at the top of the hierarchy in the Territory subject to their own terms, imports non‑statutory Northern Territory law while excluding Northern Territory Acts by its text, and channels subordinate local law through Ordinances that must comply with parliamentary tabling and disallowance procedures. It also creates mechanisms for administrative continuity with Northern Territory institutions and aligns judicial procedure with Northern Territory courts.
Amendment history
The text provided to this analysis shows the original Act and a number of inserted or later textual additions that bear on its current form. The Act’s operative sections include both provisions that appear original and many that are structured as modern parliamentary controls on subordinate legislation. The source document contains the following indications of amendment content within the statute text.
Inserted or additional sections present in the supplied text
Section 6A ("Criminal Code does not apply") is present as a discrete provision immediately after s 6 and before s 7. It creates the specific exemption of Chapter 2 of the Criminal Code from applying to matters arising under laws in force in the Territory because of s 6.
Sections 10A, 10B, 10C and 10D, which regulate re‑making of Ordinances and extend tabling and disallowance procedures to regulations, rules and by‑laws, are present in the text following s 10. These sections refine the parliamentary oversight regime and are drafted in a modern procedural style.
Sections 11A and the later "4 , Application of Amendments" appear to be additional provisions modifying administrative arrangements and the temporal application of amendments.
Textual anomalies and numbering
The supplied text ends with a provision labelled "4 , Application of Amendments." That numbering repeats the earlier "4 , Proclamation by Governor‑General" heading. The repetition of the numeral 4 in the supplied text suggests an amendment insertion or renumbering in original legislative history. The content of this final provision concerns application of amendments made by the Act and is clearly an addition to regulate prospective application and evidentiary rules for acts or omissions alleged to straddle amendment commencements.
What the text itself discloses and what it does not
The Act text, as supplied, contains no marginal notes or schedules indicating the dates on which the additional sections were inserted. The sections listed above are present and operative in the text the reader has provided, but the text does not supply amendment dates, legislative instruments that inserted those provisions, or the policy context or explanatory memoranda that accompanied those amendments.
Practical import of amendment content
The presence of the disallowance and re‑making restrictions (ss 10A-10C) and the regulation of regulations (s 10D) suggest that the Parliamentary oversight regime has been strengthened or modernised relative to an older Act. The insertion of s 6A is a clear substantive amendment affecting criminal law application in the Territory. Section 11A indicates a legislative route for intergovernmental administrative arrangements with the Northern Territory. The final "Application of Amendments" provision creates a prospective rule for amendments and an evidentiary presumption for contested timing of alleged acts or omissions.
Limitations on reporting amendment chronology
The supplied Act text does not provide dates, amendment instrument citations, or chronology. This analysis therefore records only the content of the present text and notes the presence of inserted or modernised provisions without attempting to ascribe amendment dates or legislative sponsors.
For a full, chronological amendment history (dates, amending Acts, sessional citations), practitioners will need to consult an authoritative consolidation history or the legislative database that records amending instruments. The text provided, however, is self‑contained in showing which provisions are presently in force as part of the Act’s structure.
Litigation history
The Act text supplied contains no references to judicial decisions, reported cases, or litigation history. There are no case citations embedded in the statute, and no notes or marginalia in this text that name judicial consideration of the Act. Accordingly, within the confines of the supplied source, there is no litigation history to summarise.
What the text implies for litigation
The Act designates the courts of the Northern Territory as having jurisdiction "in and in relation to the Territory" (s 12(1)), so litigation arising under Ordinances, adopted Northern Territory law, or applicable Commonwealth Acts will be heard in those courts. Practitioners litigating matters under laws in force because of s 6 should therefore expect to proceed in Northern Territory jurisdictional structures and follow Northern Territory practice and procedure (s 12(3)).
Practical steps for researching litigation
Because the supplied Act does not identify any cases, practitioners must conduct an independent search of court databases, law reports and electronic legal research platforms for judicial authorities interpreting or applying the Act’s provisions, including questions such as:
The scope and effect of s 6(2)(b) insofar as it excludes "an Act" from the definition of "law" adopted from the Northern Territory.
The application and effect of s 6A’s exclusion of Chapter 2 of the Criminal Code.
Challenges related to the validity of Ordinances where tabling requirements in s 10 were not met, or where re‑making restrictions in ss 10A-10C are alleged to have been breached.
Disputes arising from ministerial delegations and appointments under s 11 and from arrangements under s 11A.
No statutory guidance on judicial review or special procedural routes
The Act does not provide special procedural routes or exclusive remedies for challenging Ordinances, delegations or other executive action; standard judicial review principles and available prerogative writs in the relevant courts would presumptively apply, subject to any procedural rules the Northern Territory courts impose. The Act’s text does, however, impose statutory consequences where tabling and disallowance procedures are not followed (s 10(1)-(5)) which would be relevant in litigation over the validity of subordinate instruments.
Summary
The supplied statute contains no litigation record. Practitioners should not infer absence of litigation from silence in the Act. Instead, they should search case law repositories for instances where courts have interpreted any of the Act’s provisions, particularly s 6, s 6A, ss 10-10D, and s 11, which set out points most likely to generate dispute.
Gotchas
The Act contains several provisions that are prone to practical pitfalls and might produce surprising legal consequences if not carefully considered. The following points are grounded in the statutory text and identify areas where practitioners, administrators and private parties should exercise care.
Definition of "law" and exclusion of Northern Territory Acts (s 6(2))
Risk: Section 6(1) imports "a law of the Northern Territory as in force from time to time" into the Territory, but s 6(2)(b) expressly states that "law" does not include an Act. This can be counter‑intuitive because it means Northern Territory statutes are not adopted by the s 6 mechanism. Practitioners assuming that Northern Territory Acts automatically apply will be mistaken. The importation is limited to non‑Act law , specifically, principles or rules of common law or equity (s 6(2)(a)) and any other non‑statutory law covered by the term "law" as used. The statutory text creates a gap between adopting judicial and equitable principles and adopting NT statutory rules.
Criminal Code carve‑out (s 6A)
Risk: Section 6A removes Chapter 2 of the Criminal Code from applying "in relation to, or in relation to matters arising under, a law in force in the Territory because of section 6." Practitioners should not assume federal Chapter 2 rules apply to offences or matters that arise under s 6‑adopted laws, which may affect elements of offences, defences, or jurisdictional questions. The Act does not otherwise specify which criminal provisions do apply; careful statutory cross‑checking is necessary.
Validity and timing of Ordinances (ss 9, 10)
Risk: Ordinances take effect on Gazette publication unless they provide otherwise (s 9(2)). However, if an Ordinance is not laid before each House within 15 sitting days, it ceases to have effect (s 10(1)). An Ordinance that is in force between publication and lapse may therefore create obligations that later vanish; enforcement action predicated on such an Ordinance could founder if the tabling requirement is not met. Practitioners and administrators must monitor the tabling timeline closely and confirm an Ordinance’s continued effect before acting.
Re‑making restrictions and nullity (ss 10A-10C)
Risk: The Act forbids re‑making a provision that is the same in substance as an earlier Ordinance in certain periods (s 10A), while notice of disallowance is pending (s 10B), or within six months following disallowance without parliamentary approvals (s 10C). If the Executive attempts to re‑enact the same substantive provision in breach of these sections, the provision has no effect. This creates a trap for the unwary executive draftsman and can nullify provisions retroactively if procedural constraints are breached. Agents should verify parliamentary approvals before re‑enacting disallowed or pending provisions.
Ordinance impact on adopted laws and revival mechanics (s 7 and s 10(5A))
Risk: An Ordinance may amend or repeal adopted laws (s 7). If an Ordinance that repealed earlier law is disallowed, s 10(5A) provides that the disallowance revives the earlier law "from and including the date of the disallowance" as if the repealing Ordinance had not been made. That means an interval in which the repealing Ordinance was in force is treated as though the earlier law had continued. This revival mechanism can complicate the legal status of actions taken during the intervening period, particularly regulatory actions or enforcement measures.
Ministerial centralisation and delegation (s 11)
Risk: Section 11 vests many powers and functions in the Minister that, under adopted law, would otherwise be held by other persons or authorities. Those powers may be directed to others, delegated (subject to limits), or exercised via Ministerial appointees. The centralisation of authority can create uncertainty about who has actual operational control at any given time; careful examination of instruments of delegation and directions is necessary. Delegations of the Minister’s powers are not effective if they purport to delegate the power of delegation (s 11(3)).
Interaction with Commonwealth Acts (s 8)
Risk: Section 8(1) brings Commonwealth Acts into force in the Territory unless those Acts provide otherwise. Section 8(2) prohibits Ordinances from affecting the application of a Commonwealth Act of its own force in the Territory. Practitioners should verify whether a Commonwealth Act applies of its own force and whether any Ordinance purports to affect it; an Ordinance purporting to do so would be out of step with s 8(2).
Procedural complexity and operational uncertainty
Risk: The Act lays down complex procedural rules for tabling, disallowance, re‑making and revival of laws, creating potential timing traps. For example, the calculation of "15 sitting days" and the triggers for deeming an Ordinance disallowed (s 10(3)-(4)) require careful procedural tracking. Failure to observe procedural detail can render instruments ineffective or lead to litigation.
Anomalous numbering and amendment interpretation
Risk: The supplied text contains a later provision headed "4 , Application of Amendments" that repeats the section number 4. This suggests amendment insertions or consolidation anomalies. That can lead to confusion when cross‑referencing historic versions or amending Acts; practitioners should rely on authoritative consolidated statute compilations and explanatory materials when timing of amendments is material.
No direct penalties in the Act
Risk: Users may expect the Act itself to impose penalties or to specify enforcement mechanisms. It does not. Penalties arise from adopted laws, Ordinances and regulations. One must identify the operative instrument that creates the offence and verify its validity under the Act’s tabling and disallowance rules before relying on it for enforcement.
In practice, the Act places heavy emphasis on procedural compliance, ministerial control, and careful textual reading of what is adopted from Northern Territory law. Each of these areas presents concrete operational risks for those drafting, enforcing or relying on Territory law under this Act.
How to comply
Compliance under the Act is procedural and substantive. It requires administrators to observe publication and tabling rules for delegated instruments, requires legal advisers to verify which materials actually apply in the Territory, and requires regulated persons to monitor the content and force of Ordinances, regulations and adopted law. Below are concrete compliance steps drawn from the statute text.
For Commonwealth and Territory administrators
Publication and tabling discipline
Publish any Ordinance in the Gazette as required by s 9(2). Remember that, unless the Ordinance itself provides otherwise, the Ordinance comes into operation on the date of Gazette publication.
Ensure that every Ordinance and regulation is laid before each House of Parliament within 15 sitting days of that House after its making (s 10(1) and s 10D(1)). Maintain accurate records of sitting days and the date of laying. Failure to table within the statutory period causes the instrument to cease to have effect.
Monitor disallowance and re‑making constraints
Track notice of motions to disallow and related time limits. If notice of a motion to disallow has been given within 15 sitting days, do not re‑make a provision that is the same in substance unless one of the limited exceptions in s 10B applies. Where an Ordinance is disallowed, observe the six‑month restriction under s 10C before re‑making the same‑in‑substance provision unless Parliament rescinds its resolution or approves re‑making.
If re‑making is contemplated during the 7‑day period specified in s 10A, obtain the explicit approval of both Houses by resolution if the new instrument contains provisions that are the same in substance as the original.
Respect Commonwealth Acts
Before making any Ordinance, confirm whether a Commonwealth Act applies of its own force to the Territory on the subject. Section 8(2) prohibits an Ordinance from affecting such application. Where conflicts might arise, defer to the scope of Commonwealth Acts.
Delegation and appointment clarity
When exercising s 11 powers, create clear written instruments of delegation that identify the specific powers and functions delegated, the limits of the delegation, and any reporting requirements. Ensure the power of delegation is not itself delegated (s 11(3)-(4)).
Implement appointments under s 11(6) with written terms specifying remuneration and conditions as determined by the Minister.
Use intergovernmental arrangements where practical
If relying on Northern Territory officers to exercise functions under s 11A, document arrangements with the Northern Territory Ministers in writing, specifying scope, indemnities, accountability, and funding.
For drafters of Ordinances and regulations
Draft with visibility to parliamentary timelines
Draft commencement provisions that take account of the practicalities of tabling. Consider deferring commencement to a date after tabling or inserting contingent commencement language where the Act’s tabling requirements could cause uncertainty.
Avoid pleading against s 8(2)
Do not include provisions that purport to alter the application of Commonwealth Acts of their own force. If an intended regulatory outcome would conflict with a federal Act, pursue amendment of the relevant federal statute or exercise regulatory powers within the federal Act’s permissible scope.
For prosecutors, enforcement agencies and courts
Validate the instrument before enforcement
Before commencing prosecutions or regulatory action under an Ordinance or regulation, confirm (a) that the instrument was validly made and published (s 9(2)), (b) that it was laid before both Houses within 15 sitting days (s 10(1) and s 10D(1)), and (c) that it has not been disallowed or ceased to have effect under ss 10-10D.
Confirm applicability of criminal law
For offences or matters arising under laws adopted under s 6, check s 6A to determine whether Chapter 2 of the Criminal Code applies. Do not assume Chapter 2 is available.
For private parties and regulated entities
Monitor Gazette and parliamentary notices
Keep continuous notice monitoring for Gazette publications and parliamentary notices of tabling and disallowance. An Ordinance may be published and appear to be in force, but may later lapse if tabling requirements are not satisfied.
Legal due diligence before action
Where commercial or operational decisions depend on regulatory permissions or prohibitions in the Territory, confirm the current legal instrument’s force and check for any revived earlier laws if a repealing Ordinance is later disallowed (s 10(5A)).
For legal advisers
Check the form of adopted Northern Territory law
When advising on the applicable law in the Territory, determine what constitutes "law" under s 6(2). Do not assume Northern Territory Acts have effect in the Territory by s 6; check where statutory provisions apply by virtue of Commonwealth Acts or specific Ordinances.
Consider judicial review and procedural remedies
If an Ordinance or regulation appears to have been made in contravention of the tabling or re‑making restrictions (ss 10-10D), advise on procedural remedies and potential challenges in the Northern Territory courts, which have jurisdiction under s 12.
Record delegations and instruments of appointment
Insist that delegations, directions and appointments under s 11 be reduced to writing and publicly accessible so that third parties can identify who may exercise regulatory powers.
Administrative checklists
Maintain a table recording: instrument title; Gazette date; date laid before each House; disallowance notices; whether any disallowance resolution passed; whether an instrument amends adopted law; delegations under s 11; and any s 11A arrangements with NT Ministers.
By following the statutory text’s procedural prescriptions and verifying the continued force of subordinate instruments before acting, administrators, regulators, advisers and affected private parties can reduce the operational and legal risks embedded in the Act’s framework.
(1) An Act or a provision of an Act (whether passed before or after the commencement of this section) is in force as such in the Territory except as otherwise provided by that Act or by another Act.
(2) An Ordinance shall not be made so far as it affects the application of an Act of its own force in or in relation to the Territory.
9 — Ordinances
(1) The Governor‑General may make Ordinances for the peace, order and good government of the Territory.
(2) Notice of the making of an Ordinance shall be published in the Gazette, and an Ordinance shall, unless the contrary intention appears in the Ordinance, come into operation on the date of publication of the notice.
10 — Tabling of Ordinances
(1) An Ordinance shall be laid before each House of the Parliament within 15 sitting days of that House after the making of the Ordinance and, if it is not so laid before each House of the Parliament, ceases to have effect.
(2) If either House of the Parliament, in pursuance of a motion of which notice has been given within 15 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.
(3) If, at the expiration of 15 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 15 sitting days after the Ordinance has been laid before that House:
(a) the notice has not been withdrawn and the motion has not been called on; or
(b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the Ordinance or part, as the case may be, specified in the motion shall thereupon be deemed to have been disallowed.
(4) If, before the expiration of 15 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:
(a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and
(b) at the time of the dissolution, expiry or prorogation, as the case may be:
(i) the notice has not been withdrawn and the motion has not been called on; or
(ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of;
the Ordinance shall, for the purposes of subsections (3) and (4), 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.
(5) 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 (1), the disallowance of the Ordinance or the operation of subsection (1) in relation to the Ordinance, as the case may be, has the same effect as a repeal of the Ordinance.
(5A) Where:
(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 (1); and
(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;
the disallowance of the relevant Ordinance or the operation of subsection (1) 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 (1), as the case may be, as if the relevant Ordinance had not been made.
(5B) A reference in subsection (5) or (5A) to an Ordinance shall be read as including a reference to a part of an Ordinance, and a reference in subsection (5A) to a law has a corresponding meaning.
10A — Ordinance not to be re‑made while required to be tabled
(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.
(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:
(a) if the original Ordinance has been laid, in accordance with subsection 10(1), before both Houses of the Parliament on the same day—that day;
(b) if the original Ordinance has been so laid before both Houses on different days—the later of those days; or
(c) if the original Ordinance has not been so laid before both Houses—the last day on which subsection 10(1) could have been complied with.
(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
10B — Ordinance not to be re‑made while subject to disallowance
(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:
(a) the notice has been withdrawn;
(b) the Ordinance is deemed to have been disallowed under subsection 10(3);
(c) the motion has been withdrawn or otherwise disposed of; or
(d) subsection 10(4) has applied in relation to the Ordinance.
(2) Where:
(a) because of subsection 10(4), an Ordinance is deemed to have been laid before a House of the Parliament on a particular day; and
(b) notice of a motion to disallow the Ordinance has been given in that House within 15 sitting days after that day;
no Ordinance containing a provision being the same in substance as a provision of the first‑mentioned Ordinance shall be made unless:
(c) the notice has been withdrawn;
(d) the Ordinance is deemed to have been disallowed under subsection 10(3);
(e) the motion has been withdrawn or otherwise disposed of; or
(f) subsection 10(4) has applied again in relation to the Ordinance.
(3) If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
(4) This section does not limit the operation of section 10A or 10C.
(5) In this section:
Ordinance includes a part of an Ordinance.
10C — Disallowed Ordinance not to be re‑made unless resolution rescinded or House approves
If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have been disallowed, under section 10, 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:
(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
(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.
10D — Regulations, rules and by‑laws
(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.
(2) Subsections 10(2) to (5B), inclusive, and sections 10A, 10B and 10C 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.
(3) In this section, regulations includes rules and by‑laws.
11 — Powers and functions under adopted laws
(1) Subject to subsection (2), where, by any law in force in the Territory by virtue of section 6, a power or function is vested in a person or authority (not being a court), that power or function is, in relation to the Territory, vested in, and may be exercised or performed by, the Minister.
(2) The Minister may direct that a power or function vested in a person or authority (not being a court) by a law in force in the Territory by virtue of section 6 shall, in relation to the Territory, be vested in, and may be exercised or performed by, such other person or authority as the Minister specifies.
(3) The Minister may, either generally or as otherwise provided by the instrument of delegation, by instrument in writing, delegate to a person any or all of the Minister’s powers under this section, other than this power of delegation.
(4) A power so delegated, when exercised by the delegate, shall, for the purposes of this section, be deemed to have been exercised by the Minister.
(5) A delegation of a power under this section does not prevent the exercise of the power by the Minister.
(6) The Minister may appoint, on such terms as to remuneration and otherwise as are determined by the Minister, such persons as the Minister considers necessary to exercise powers and perform functions under this section.
11A — Arrangements with Northern Territory
The Minister may make arrangements with the appropriate Ministers of the Northern Territory for the exercise of powers and the performance of functions in and in relation to the Territory under laws in force in the Territory by officers and employees of the Government of the Northern Territory and of authorities of the Northern Territory.
12 — Courts of Northern Territory to have jurisdiction in Territory
(1) The courts of the Northern Territory have jurisdiction in and in relation to the Territory.
(2) In the exercise of its jurisdiction under this section a court of the Northern Territory may sit in the Territory or in the Northern Territory.
(3) The practice and procedure of a court exercising jurisdiction under this section shall be the practice and procedure in force from time to time in relation to that court in the Northern Territory.
13 — Grant of pardon, remission etc.
(1) The Governor‑General, acting with the advice of the Minister, may, by warrant under the Governor‑General’s hand, grant to a person convicted by a court exercising criminal jurisdiction in or in relation to the Territory a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as the Governor‑General thinks fit, of the execution of sentence, and may remit any fine, penalty or forfeiture imposed or incurred under a law in force in the Territory.
(2) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Minister, may, by warrant under the Governor‑General’s hand, grant a pardon to any accomplice who gives evidence that leads to the conviction of the principal offender or any of the principal offenders.
4 — Application of Amendments
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.