Public Place Names Act 1989

This Act is the Public Place Names Act 1989.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘public place—see section 2.’ means that the term ‘public place’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.

In this Act:

public place includes an avenue, road, street, geographical feature or place that the public is entitled to use, and any unleased land.

The Minister—

must determine the name of a division of Territory land; and

may determine the name of a public place that is Territory land.

If the Minister is making a determination about the naming of a division, or the naming of a public place after a person mentioned in section 4 (2) (a) or (b), the Minister must consider—

the number of women and men after whom divisions or public places have been named in the last 10 years; and

whether the names of women are well-represented.

If the Minister is making a determination about the naming of a public place, the Minister must consider any guideline made under—

section 4A (Guidelines about naming of public places); and

the Districts Act 2002, section 14 (Guidelines about allocation of street addresses).

A determination is a disallowable instrument.

Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

When making a determination in respect of the naming of a division, the Minister shall have regard to the names of persons who have made notable contributions to the existence of Australia as a nation.

When making a determination in respect of the naming of a public place, the Minister shall have regard to—

the names of persons famous in Australian exploration, navigation, pioneering, reconciliation, administration, politics, education, science or letters;

the names of persons who have made notable contributions to the existence of Australia as a nation;

the names of Australian flora;

the names of things characteristic of Australia or Australians; and

Aboriginal or Torres Strait Islander vocabulary.

Before having regard to Aboriginal or Torres Strait Islander vocabulary under subsection (2) (e), the Minister must take reasonable steps to consult an appropriate cultural group.

The Minister may make guidelines about the naming of public places.

A guideline may make provision about a matter by applying, adopting or incorporating an Australian Standard, or a provision of an Australian Standard, as in force from time to time.

The Legislation Act, section 47 (5) or (6) does not apply to an Australian Standard, or a provision of an Australian Standard, applied, adopted or incorporated in a guideline.

Note An Australian Standard does not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)). The standard may be purchased at www.standards.org.au.

A guideline is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act.

The Executive may make regulations for this Act.

Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.