1Short title [see Note 1]
This Act may be cited as the Ashmore and Cartier Islands Acceptance Act 1933.
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Bill homepage (APH)This Act may be cited as the Ashmore and Cartier Islands Acceptance Act 1933.
This Act shall commence on a date to be fixed by proclamation.
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.
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.
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.
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.
In subsection (1), law:
includes a principle or rule of common law or equity; and
does not include an Act.
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.
A law in force in the Territory by virtue of section 6 may be amended or repealed by an Ordinance or by a law made under an Ordinance.
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.
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.
The Governor‑General may make Ordinances for the peace, order and good government of the Territory.
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.
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.
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.
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:
the notice has not been withdrawn and the motion has not been called on; or
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.
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:
the House of Representatives is dissolved or expires, or the Parliament is prorogued; and
at the time of the dissolution, expiry or prorogation, as the case may be:
the notice has not been withdrawn and the motion has not been called on; or
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.
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.
Where:
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
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.
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.
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.
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:
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;
if the original Ordinance has been so laid before both Houses on different days—the later of those days; or
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.
If a provision of an Ordinance is made in contravention of this section, the provision has no effect.
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