What it does
The Australian Capital Territory (Self-Government) Act 1988 (the Self-Government Act) is the foundational Commonwealth statute that constitutes the Australian Capital Territory as a body politic under the Crown (s 7) and confers upon it a system of responsible self-government. At its core, s 22(1) grants the Legislative Assembly power “to make laws for the peace, order and good government of the Territory”, a phrase deliberately mirroring the plenary legislative power exercised by the States. That power expressly extends to laws regulating the exercise of Executive powers (s 22(2)).
The Act organises the Territory’s institutions into four pillars. First, it constitutes the Legislative Assembly (s 8), initially set at 17 members until altered by a two-thirds majority enactment (s 8(3)–(4)). Members must take an oath or affirmation (s 9), serve until the next polling day unless earlier vacancy occurs (s 10), and are subject to disqualification for absence, paid extraneous office or conflict of interest (ss 14–15). The Assembly’s procedure is prescribed in detail: mandatory first meeting within seven days of declaration of the poll (s 17(1)(a)), absolute-majority quorum (s 18(1)), ordinary majority voting with the presiding member’s deliberative but not casting vote (s 18(3)), and a statutory definition of a resolution of no confidence that requires one week’s notice and a quorum vote (s 19).
Second, the Act creates the Australian Capital Territory Executive (s 36) comprising the Chief Minister (elected by the Assembly under s 40) and Ministers appointed by the Chief Minister from among Assembly members (s 41). The Executive’s responsibilities are enumerated in s 37: governing matters listed in Schedule 4, executing and maintaining enactments and subordinate laws, exercising powers under agreements with the Commonwealth or other jurisdictions, and wielding relevant Crown prerogatives. Portfolio allocation is formally the Chief Minister’s responsibility and must be gazetted (s 43). A Deputy Chief Minister exercises Chief Ministerial powers during vacancy or absence, with an express carve-out preventing dismissal of Ministers while acting (s 44(3)).