--- title: "Northern Territory Acceptance Act 1910" slug: "northern-territory-acceptance-act-1910" jurisdiction: "Commonwealth of Australia" jurisdiction_code: "commonwealth" collection: "act" status: "in force" act_number: "20 of 1910" version_date: "2011-12-27" register_id: "C2012C00254" canonical_url: "https://zoelaw.ai/legislation/northern-territory-acceptance-act-1910" date_modified: "2026-03-29" source: Zoe (https://zoelaw.ai) --- # Northern Territory Acceptance Act 1910 --- title: Northern Territory Acceptance Act 1910 identifier: C1910A00020 jurisdiction: commonwealth type: act status: in_force source: "https://www.legislation.gov.au/C1910A00020/2011-12-27/2011-12-27/text/original/epub/OEBPS/document_1/document_1.html" --- ## Part I — Preliminary #### 1 — Short title [see Note 1] This Act may be cited as the Northern Territory Acceptance Act 1910. #### 2 — Commencement [see Note 1] This Act shall commence on a day to be fixed by proclamation. #### 4 — Interpretation In this Act, unless the contrary intention appears: > The Agreement means the Agreement made between the Commonwealth and the State of South Australia for the surrender and acceptance of the Northern Territory, which Agreement is set out in the Schedule to this Act. > The Northern Territory means that part of Australia which lies to the northward of the twenty‑sixth parallel of South Latitude and between the one hundred and twenty‑ninth and one hundred and thirty‑eighth degrees of East Longitude, together with the bays and gulfs therein, and all and every the islands adjacent to any part of the mainland within such limits as aforesaid, with their rights, members, and appurtenances. > South Australia proper means South Australia not including the Northern Territory. ## Part II — Acceptance of the Northern Territory #### 5 — Approval of Agreement The Agreement is by this Act ratified and approved. #### 6 — Acceptance of the Northern Territory (1) The Northern Territory is by this Act declared to be accepted by the Commonwealth as a Territory under the authority of the Commonwealth, by the name of the Northern Territory of Australia. (2) Without limiting the effect of the acceptance, the acceptance includes the Palmerston and Pine Creek Railway and all the State's right, title, interest in, and control of, all State real and personal property and privileges in the said Territory (except moneys held by or on behalf of or to the credit of, or due or accruing due to, the State at the date of the acceptance), whether held by or vested in the Crown, or by or in any Commissioner, authority, or person, or otherwise, for State purposes. #### 7 — Continuance of laws (1) All laws in force in the Northern Territory at the time of the acceptance shall continue in force, but may be altered or repealed by or under any law of the Commonwealth. Powers and functions under Commonwealth law (2) Where, by any law of the Commonwealth in force in the Northern Territory at the time of the acceptance, any power or function is vested in any officer in relation to the State of South Australia, that power or function shall, in relation to the Northern Territory, be vested in and exercised or performed by such officer as the Governor‑General directs. Powers and functions under State law (3) Where, by any law of the State of South Australia in force in the Northern Territory at the time of the acceptance, any power or function is vested in the Governor of the State of South Australia, or in the Governor of that State with the advice of his Executive Council, or in any authority of that State, that power or function, in relation to the Northern Territory, shall be vested in and exercised or performed by the Governor‑General, or the Governor‑General in Council, or the authority exercising similar powers and functions under the Commonwealth, as the case requires, or as the Governor‑General directs. #### 10 — Continuance of estates and interests All estates and interests, held by any person from the State of South Australia within the Northern Territory at the time of the acceptance, shall, subject to Ordinances in force under the Northern Territory (Administration) Act 1910‑1949, continue to be held from the Commonwealth on the same terms and conditions as they were held from the State. ## Part III — Provisions for carrying out the Agreement #### 14 — Obligations of Commonwealth The Commonwealth, in consideration of the surrender of the Northern Territory and property of the State of South Australia therein, and the grant of the rights in the Agreement mentioned to acquire and to construct railways in South Australia proper, shall: To assume responsibility for State loans in respect of Northern Territory (a) Be responsible for the indebtedness of the State in respect of the Northern Territory as from the date of acceptance of such surrender and shall relieve the State from the said indebtedness in the following manner: I By annually reimbursing the State the amount of the annual interest paid by it in connexion with the loans in respect of the Northern Territory; by paying annually into a Commonwealth Sinking Fund the amounts which the State has undertaken to pay into such a fund in connexion with the said loans; and by paying and redeeming at or before maturity the said loans. II By paying the amount of the deficit (or Advance account) in respect of the Northern Territory to the said State in such manner as may be agreed upon. If the amount cannot be agreed upon it shall be determined by arbitration. Compensation for portion of overland telegraph line Provided that, notwithstanding anything contained in the Agreement, the Commonwealth shall, if the Governor of the State of South Australia so requires, in lieu of being responsible for the indebtedness of the State in respect of that portion of the Overland Telegraph Line which is in the Northern Territory, compensate the State of South Australia for that portion of the line in accordance with section eighty‑five of the Constitution. To construct Transcontinental Railway (b) Construct or cause to be constructed a railway line from Port Darwin southwards to a point on the northern boundary of South Australia proper (which railway with a railway from a point on the Port Augusta Railway to connect therewith is hereinafter referred to as The Transcontinental Railway). To acquire Port Augusta Railway (c) At the time of such surrender acquire from the State at the price and on the terms hereinafter mentioned the Port Augusta Railway including the lands now used for and reserved for such railway together with all stations and other buildings sidings wharfs and other accessories used in connexion with the working of the said railway except the railway carriages trucks and other movable plant and rolling‑stock. To pay for Port Augusta Railway (e) Pay the price of the said Port Augusta Railway by becoming responsible on the date of the sale and transfer thereof to the Commonwealth for the amount of the loans raised by the State for the purpose of constructing the said railway and used therefor and by annually reimbursing the State the interest payable thereon and by paying annually into a Commonwealth Sinking Fund the amounts which the State has undertaken to pay into such a fund in connexion with the said loans until the said loans are paid and redeemed by the Commonwealth as or before they become due. #### 15 — Authority to construct railway to Western Australia The Commonwealth may construct, or authorize the construction of, or cause to be constructed, a railway westerly from any point on the Port Augusta Railway through South Australia proper to any point on the western boundary line of South Australia proper, by a route to be determined by the Parliament of the Commonwealth, with all proper stations, approaches, works, and conveniences connected therewith and necessary therefor, and may maintain and work such railway when constructed. #### 17 — Powers etc. in relation to the working of railways For the purpose of maintaining and working any of the railways required or authorized by this Act to be constructed or acquired, and in relation to those railways, the Commonwealth, or any authority constituted or appointed by or under the Commonwealth, shall have all such powers, functions, rights, privileges, and immunities, as the South Australian Railways Commissioner or other similar authority has at the date of the Agreement in relation to the State Railways of the State, so far as those powers, functions, rights, privileges, and immunities, are applicable. #### 19 — Act not to be deemed to appropriate revenues or moneys Nothing in this Act shall be taken to be an appropriation of any revenues or moneys.