Commonwealth Places (Administration of Laws) Act 1970

The central concept is the “Commonwealth place”. Section 3 defines it as a place (not being the seat of government) within or outside South Australia with respect to which the Commonwealth Parliament has, by virtue of section 52 of the Australian Constitution, exclusive power to make laws. In practice this covers land acquired by the Commonwealth for public purposes (e.g. defence bases, post offices, airports, Commonwealth offices) and other areas over which the Commonwealth has exclusive legislative power under the Constitution. The definition excludes the Australian Capital Territory (the seat of government). The “applied provisions” means the provisions of South Australian laws that apply or are deemed to have applied in or in relation to Commonwealth places by virtue of the Commonwealth Act. The Act does not itself apply state law; the Commonwealth Act does that. This Act deals with the administration of those applied provisions by state authorities. The concept of an “Authority” is broadly defined in section 3: it includes the Governor, a Minister or a member of the Executive Council; a court of the State and its members; a body created by or under state law; and an officer or employee of the State or of such a body. This wide definition ensures that virtually every state official, court and statutory body can be involved in administering the applied provisions. The “laws of the State” are defined to mean the laws in force in South Australia (written or unwritten, as in force for the time being) and instruments made under them, but exclude Commonwealth laws. This distinction is critical: when state law is applied to a Commonwealth place via the Commonwealth Act, it retains its character as state law for the purposes of this Act, but its operation is governed by the Commonwealth Act. The “Commonwealth Act” is defined with reference to the Commonwealth Places (Application of Laws) Act 1970 (Cth) as amended. The concept of “correspondence” between a provision of the applied provisions and a law of the State is implicit in several provisions: section 6 (extinguishment of state cause of action where applied provision cause extinguished), section 8 (double jeopardy), section 10 (objection not allowable when two offences charged), sections 11 and 12 (continuance of proceedings under state law if applied provision does not apply). The Act does not define “corresponds”, but it clearly refers to provisions that are substantively identical or deal with the same subject matter. The arrangement mechanism in section 4 allows the Governor to make administrative arrangements with the Governor-General for state authorities to exercise powers under the applied provisions. This is a key practical tool: without an arrangement, a state authority might lack explicit power to act under a Commonwealth law; section 5 then allows the authority to act in accordance with the arrangement. The savings provisions in section 14 are also a core concept: they ensure that when a place becomes a Commonwealth place (so state law ceases to have effect in relation to it, subject to the Commonwealth Act), previous operations, rights, liabilities and proceedings are preserved. Conversely, when a place ceases to be a Commonwealth place, state law applies as if it had come into operation at that time (section 14(2)), and all things created under the applied provisions continue under state law (section 14(3)). This avoids a legal vacuum.

The Act directly affects state authorities in South Australia. Section 3 defines “Authority” broadly to include the Governor, Ministers, members of the Executive Council, courts, court members, bodies created by state law, and officers or employees of the State or of such bodies. This means every state government department, local council (if created by state law), tribunal, commission, and employee potentially has duties or powers under the Act when operating in or in relation to a Commonwealth place. For example, a state police officer investigating a crime on a defence base, a council health inspector inspecting a post office, or a state court hearing a matter that arises in a Commonwealth place may need to rely on this Act to properly exercise jurisdiction. The Act also affects individuals and businesses that own or occupy land that may be a Commonwealth place. The certificate provision in section 13 can be used by any party in proceedings to prove or disprove whether a place is a Commonwealth place, which can affect which law applies and who has jurisdiction. Litigants, criminal defendants, and persons with causes of action arising on Commonwealth places are affected: section 6 extinguishes a state cause of action if the corresponding applied provision cause is already extinguished, so a plaintiff cannot double‑recover. Section 8 gives a defendant protection from double punishment if they have already been punished under the applied provisions for the same act or omission. Sections 11 and 12 protect a defendant from a wrongful charge under the applied provisions by allowing the proceedings to continue under state law if there is a corresponding provision; this prevents a conviction being quashed merely because the place was not actually a Commonwealth place. Commonwealth authorities are indirectly affected: the Act allows state authorities to administer Commonwealth applied provisions, which may reduce the need for Commonwealth officers. The Commonwealth Act itself is the primary instrument, but this Act is complementary. The Governor and the Governor‑General (and by extension their respective officials) are affected by the arrangement‑making power in section 4. Finally, the Act affects anyone involved in legal proceedings where the status of a place as a Commonwealth place is in issue. The savings provisions (section 14) affect persons who held rights or liabilities when a place changed Commonwealth status, ensuring continuity.

The Act imposes few direct duties but confers powers and creates rights. The key duty is implicit: state authorities must act within the scope of the applied provisions and in accordance with any arrangement made under section 4. Section 5 provides that an Authority “may” exercise or perform powers or functions under the Commonwealth Act in addition to its ordinary state duties. This is a permissive provision, not mandatory, but it empowers state authorities to act. The Governor has a power (and possibly a duty to consider) to make arrangements with the Governor‑General under section 4. The arrangement can cover any matter necessary or convenient to give effect to the Commonwealth Act and may be varied or revoked. The Governor‑General has a corresponding power to enter into such arrangements. Section 6 creates a right for a person who has a cause of action under both state law and the applied provisions: if the applied provision cause is extinguished (e.g. by settlement or judgment), the state cause is also extinguished. This prevents double recovery but also means a plaintiff cannot avoid the consequences of extinguishment by suing under state law instead. Section 7 provides a right for a person who has done an act under the applied provisions that could have been done under state law: that act is deemed to have been done under state law. This validates actions that might otherwise be invalid if the applied provisions did not actually apply (e.g. if a place turns out not to be a Commonwealth place). It protects officials and third parties who relied on the validity of the act. Section 8(1) gives a right not to be punished twice: if a person has been punished for an offence under the applied provisions, they cannot be punished for the same act or omission under state law. Section 8(2) deems references in state law to a conviction, punishment, penalty or forfeiture under state law to include those under the corresponding applied provisions. This ensures that state law that treats prior convictions as aggravating factors or disqualifications also applies to applied provision convictions. Section 9 deals with instruments that refer to a provision of the applied provisions that does not have effect in relation to a particular act, matter or thing; in that case the reference is treated as a reference to the corresponding state law provision. This prevents technical invalidity when a form or document mistakenly cites an applied provision that is not in force for that specific matter. Sections 10, 11 and 12 give rights to litigants: section 10 provides that no objection may be allowed in proceedings merely because an offence against state law and an offence against the applied provisions are charged together. Section 11 gives a defendant the right to have proceedings continue under state law if they were charged under an applied provision that did not apply, provided a corresponding state law exists. Section 12 gives a similar right on appeal: the appellate court must deal with the appeal as if the proceedings had been under state law. Section 13 gives a right to use a certificate from an authorised person as evidence of land ownership and the existence of rights in land, to help determine whether a place is a Commonwealth place. Section 14 preserves existing rights, liabilities, investigations and proceedings when a place becomes or ceases to be a Commonwealth place. It also ensures that when a place ceases to be a Commonwealth place, all persons, things and circumstances created under the applied provisions continue under state law (section 14(3)). This protects expectations and avoids the need for fresh appointments or authorisations.

The Act itself does not create any offences or penalties. It is a procedural and administrative Act that facilitates the operation of the Commonwealth Act and the enforcement of state laws in Commonwealth places. Penalties for breaches of substantive law (whether under state law or the applied provisions) are contained in the underlying state laws, not in this Act. Enforcement of those laws in Commonwealth places is carried out by state authorities (police, inspectors, courts) under the powers conferred by this Act. The only potential enforcement issue relates to the double jeopardy provision in section 8: if a person has already been punished under the applied provisions, the state cannot punish them again. This is a protective right, not a penal provision. Similarly, section 6 prevents a plaintiff from pursuing a state cause of action if the corresponding applied provision cause is extinguished, which could be seen as a limitation on enforcement of private rights. Sections 11 and 12 ensure that proceedings do not fail merely because of a jurisdictional mistake about whether a place is a Commonwealth place; the proceedings continue under state law. This safeguards the enforcement of state law. The certificate under section 13 is evidentiary, aiding enforcement by providing a means to prove land status. The validation provision in section 7 effectively insulates acts done in good faith under the applied provisions from challenge on the ground that the applied provisions did not apply, as long as the act could have been done under state law. This protects the validity of enforcement actions. Section 14 savings provisions ensure that enforcement actions (investigations, legal proceedings, remedies) that were commenced or could have been commenced under state law before a place became a Commonwealth place continue unaffected. If a place ceases to be a Commonwealth place, penalties and enforcement mechanisms under state law take effect from that time. The Act does not provide for any specific enforcement body or penalty for breach of its own provisions (there are no obligations to breach). A failure by a state authority to comply with an arrangement or to act within power could lead to judicial review or administrative law remedies, but not under this Act. The practical enforcement of this Act lies in the willingness of state authorities to exercise the powers it confers and in the courts’ application of its provisions in litigation.

This Act is explicitly linked to the Commonwealth Places (Application of Laws) Act 1970 (Cth) (the Commonwealth Act). Section 3 defines the “Commonwealth Act” and the “applied provisions” by reference to it. The State Act does not operate independently; it presupposes the existence of the Commonwealth Act. The Commonwealth Act applies state laws to Commonwealth places; this Act provides the administrative framework for state authorities to enforce those applied laws and for the transition between state and applied law regimes. The key interaction is that the Commonwealth Act picks up state law as at a particular date and applies it as federal law in Commonwealth places. This State Act then allows state authorities to act in relation to that applied federal law as if it were state law, subject to arrangements. The Act also interacts with the Australian Constitution, particularly section 52, which defines the exclusive legislative power of the Commonwealth over certain places. The definition of “Commonwealth place” in section 3 directly invokes section 52. This means that the Act’s operation is constitutionally contingent: if the High Court narrows the interpretation of section 52, the range of places covered may shrink. The Act interacts with all state laws that have been applied by the Commonwealth Act. For example, the Criminal Law Consolidation Act 1935 (SA), the Road Traffic Act 1961 (SA), and local council by‑laws may be applied provisions. This Act ensures that those laws can be enforced in Commonwealth places by state authorities. The savings provisions (section 14) interact with the law of real property, succession, and administrative law: when a place changes Commonwealth status, rights, liabilities and appointments are preserved or transferred. Section 14(2) provides that when a place ceases to be a Commonwealth place, the laws of the State in force at that time apply “as if those laws had come into operation at that particular time”. This is a deeming provision that overrides normal commencement rules. It also requires every Act and instrument to be read as if it provided expressly that it was intended to so apply. This interaction is significant for land title, contracts, and statutory schemes that may have a temporal element. Section 8(2) deems references in state law to a conviction under state law to include a conviction under the corresponding applied provision. This interacts with state laws that impose consequences on convicted persons (e.g. disqualification from holding a licence, mandatory reporting). The validation provision (section 7) interacts with administrative law by deeming acts done under the applied provisions to be done under state law for certain purposes, which may affect the availability of judicial review (e.g. whether an act is reviewable under the Administrative Decisions (Judicial Review) Act (Cth) or state equivalents). The Act also interacts with the common law principles of double jeopardy and res judicata; section 8 gives statutory expression to those principles in the specific context of overlapping state and applied provisions. The object of the Commonwealth Act (and by extension this Act) is to ensure continuity of law in Commonwealth places so that residents and users are not subject to a legal vacuum. This Act is one of a set of uniform state acts passed in 1970 (each state passed its own version) to complement the Commonwealth Act. It interacts with its interstate counterparts only insofar as the Commonwealth Act applies state law of the state in which the place is located; each state’s administration act only applies within its jurisdiction.

The Act has been amended only once since its commencement. The principal Act received assent on 17 December 1970 and commenced on 18 March 1971 (Gazette 18.3.1971 p1143). The sole amendment recorded in the legislative history is the omission of section 2, which was deleted under the Legislation Revision and Publication Act 2002. That section was presumably a short title or commencement provision that became redundant or was consolidated. The omission is noted in the legislative history table as having commenced at the time of the revision Act. No other amendments are listed. This means the Act has remained largely untouched for over 50 years. The substantive provisions (sections 3 to 14) are in their original form. The absence of amendment history suggests the Act has been effective in its narrow function and has not required updating, or that the issues it addresses have been stable. The only change was a housekeeping measure. The legislative history also notes that for further information the reader should refer to the Index of South Australian Statutes or www.legislation.sa.gov.au. The Act has not been repealed or replaced. This stability is notable for a law that deals with constitutional boundaries; it implies that the interaction between the Commonwealth Act and state law has been settled. The Act has not needed to respond to changes in state law because it refers to “the laws of the State” as in force for the time being (section 3 definition), so it automatically picks up changes to state law without amendment. Similarly, the definition of “the Commonwealth Act” includes amendments to the Commonwealth Act. Therefore the Act does not need frequent updating; it is designed to be dynamic through those definitions.

The source text provided does not contain any litigation history. The legislative history table printed in the Act does not list any cases. Therefore, based on the source, we cannot name any specific litigation. However, we can note that litigation involving this Act would typically arise in the context of challenges to the validity of acts done in Commonwealth places, jurisdictional disputes about whether a place is a Commonwealth place, or double jeopardy arguments. The Act’s provisions on validation (section 7) and certificates (section 13) are designed to reduce litigation by providing certainty. The double jeopardy protection (section 8) and the continuance provisions (sections 11 and 12) are also aimed at avoiding litigation over technicalities. It is likely that the Act has been cited in South Australian courts, but no cases are mentioned in the source. The Act’s companion Commonwealth Act has been the subject of significant High Court litigation (e.g. Commonwealth v Latham [2005] HCA 44; Alqudsi v The Queen [2016] HCA 24), but those cases turn on the Commonwealth Act and the constitutional meaning of “Commonwealth place”. The State Act is more procedural and less likely to be the subject of reported decisions. The absence of litigation history in the source suggests that the Act has operated smoothly and has not generated judicial controversy. Practitioners should still be aware that the status of a place as a Commonwealth place can be contentious, and the Act’s provisions may be deployed in such disputes.

Several provisions contain traps for the unwary. First, the definition of “Commonwealth place” in section 3 excludes the seat of government (Canberra), but it otherwise includes places “whether within or without the State”. This means the Act can apply to Commonwealth places physically outside South Australia, if they fall within the constitutional definition and if the Commonwealth Act applies South Australian law to them. That is a rare scenario but possible (e.g. a Commonwealth place in another state might have applied provisions of South Australian law if it was acquired for a purpose that links to SA). Second, the double jeopardy protection in section 8(1) only applies if the offender “has been punished for the offence under the applied provisions”. Mere conviction without punishment is not enough; punishment (e.g. a fine, imprisonment) is required. This could be a trap for a defendant who was convicted under the applied provisions but not yet sentenced. The state might still be able to punish them under state law. Third, section 7 validation is powerful but limited: it only applies if the act “could have been done by that Authority or person in the exercise or performance of a power, duty or function under the laws of the State”. If the act was one that only the applied provisions could authorise (i.e. no corresponding state power), the validation does not apply, and the act may be invalid. Also, the validation is deeming for the purposes of the laws of the State; it may not affect the position under Commonwealth law. Fourth, section 9 deals with instruments that refer to a provision of the applied provisions that “does not have effect in or in relation to that act, matter or thing”. The instrument is not invalid; the reference is treated as a reference to the corresponding state law. But this only applies if there is a corresponding state law. If there is no corresponding state law, the reference may be ineffective, and the instrument might be void or require rectification. Fifth, section 14 savings have nuances. Subsection (1) preserves things when a place becomes a Commonwealth place. But it only applies if “a law of a State ceases or ceased to have effect in or in relation to that place”. If the place was already a Commonwealth place from the beginning (e.g. acquired before 1970), this provision may not apply. Subsection (2) deals with a place ceasing to be a Commonwealth place and provides that the laws of the State in force at that time apply “as if those laws had come into operation at that particular time”. This could create retrospective operation for state laws that were passed after the place ceased to be a Commonwealth place but before the cessation is recognised. It also requires every Act and instrument to be read as if it provided that it intended to so apply, which may override express transitional provisions in other Acts. Sixth, the certificate provision (section 13) provides that a certificate is “evidence of the matters stated”. It is not conclusive; the other side can rebut it. But the certificate must be given by an “authorised person” as defined in section 17 of the Commonwealth Act. That definition may be narrower than expected, and officers issuing certificates must be properly authorised. Seventh, the definition of “Authority” includes a court, but section 4(1) expressly excludes courts from the arrangement power. This means the Governor cannot make an arrangement for a court to exercise powers under the applied provisions; courts act under their inherent or other statutory jurisdiction. The double jeopardy deeming in section 8(2) can have unintended consequences: state laws that impose consequences on conviction (e.g. mandatory licence suspension, deportation consequences) will apply to applied provision convictions, which may be a surprise to a person convicted under federal law. Finally, the Act does not contain a provision dealing with the choice of law for torts or contracts. The Commonwealth Act applies state law as federal law, but this Act does not address which state’s law applies if a tort occurs in a Commonwealth place that straddles borders. That is left to other principles.

Compliance with this Act is generally not a matter of filing forms or seeking approvals; rather it is a matter of ensuring that state authorities and persons acting in or in relation to Commonwealth places are aware of the regime and follow the correct procedures. For state authorities (police, inspectors, licensing officers, council employees), the first step is to determine whether the place in question is a Commonwealth place. This can be done by checking land title records, Commonwealth ownership, and any certificates under section 13. If in doubt, state authorities should proceed under the assumption that the place may be a Commonwealth place and apply the applied provisions. However, they should also identify the corresponding state law, so that if the applied provisions turn out not to apply, section 7 or sections 11 and 12 can salvage the action. State authorities should ensure that any arrangement under section 4 is in place and current before exercising powers under the applied provisions. The Governor’s office should maintain a register of arrangements with the Governor-General. State authorities should be familiar with the Commonwealth Act and the list of state laws that have been applied. Compliance with section 5 requires that the authority is actually empowered under the Commonwealth Act and the arrangement to act. It is advisable for state authorities to keep a record of the basis for their action (e.g., “acting under applied provision X under arrangement Y”). If an authority does an act that might be challenged, it should consider whether section 7 validation could apply; if the act could have been done under state law anyway, the validation will likely cure any defect. For persons dealing with state authorities in Commonwealth places (e.g., receiving a traffic ticket on a defence base), the main compliance issue is to be aware that they may be subject to either state law or the applied provisions, but in practical terms the law is nearly identical. However, they should be aware of their rights: if they have already been punished under the applied provisions, they can rely on section 8 to resist state punishment. If they are charged under a provision that may not apply, they can seek to have the proceedings continued under state law under section 11. For lawyers and litigants, compliance involves properly pleading the basis of jurisdiction. If the cause of action arises in a Commonwealth place, they should consider both state law and the applied provisions. They should be careful not to bring a state cause of action if the corresponding applied provision cause has already been extinguished (section 6). They should also be aware of the certificate provision: obtaining a section 13 certificate from an authorised person can help prove or disprove Commonwealth place status efficiently. For owners or occupiers of land that may be a Commonwealth place, compliance is minimal: the Act does not impose any obligations on them. But they should be aware that state authorities have powers to enter and act under this Act. The savings provisions (section 14) should be considered when a place changes status: rights and obligations are preserved, but the applicable law switches. This could affect long-term leases, easements or licences. Overall, compliance with this Act is largely about awareness and procedural correctness. No specific compliance forms or reporting is required. The Act is a facilitative and curative statute; most compliance issues will arise in litigation or administrative action, not in proactive filing. Authorities should train staff on the existence of this Act and the Commonwealth Act, and ensure that standard operating procedures for enforcement in Commonwealth places reference these Acts. The legal branch of each state department should maintain up-to-date copies of the Commonwealth Act and any gazetted arrangements. Finally, note that the Act is not a code; it works together with the Commonwealth Act and the underlying state laws. Any compliance strategy must consider those laws as well.