1Short title [see Note 1]
This Act may be cited as the Australian Antarctic Territory Act 1954.
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This Act may be cited as the Australian Antarctic Territory Act 1954.
This Act shall come into operation on the day on which it receives the Royal Assent.
In this Act, unless the contrary intention appears:
Act does not include an enactment.
criminal laws means any laws (whether written, unwritten, substantive or procedural) relating to offences, whether indictable or not, including laws about:
the investigation of offences; and
the punishment of offenders, including the penalties or loss of benefits to which offenders are liable; and
the forfeiture and confiscation of the proceeds of crime;
and any laws providing for the interpretation of such laws.
enactment has the same meaning as in the Australian Capital Territory (Self‑Government) Act 1988.
Ordinance means an Ordinance made under this Act.
the Territory means the Australian Antarctic Territory which was accepted by the Commonwealth by the Australian Antarctic Territory Acceptance Act 1933, that is to say, that part of the territory in the Antarctic seas which comprises all the islands and territories, other than Adelie Land, situated south of the sixtieth degree south latitude and lying between the one hundred and sixtieth degree east longitude and the forty‑fifth degree east longitude.
The laws in force in the Territory immediately before the commencement of this Act (not being laws of the Commonwealth in force in the Territory) shall, upon the commencement of this Act, cease to be in force.
Subject to this Act, the laws (other than the criminal laws) in force from time to time in the Australian Capital Territory (including the principles and rules of common law and equity so in force) are, by virtue of this section, so far as they are applicable to the Territory and are not inconsistent with an Ordinance, in force in the Territory as if the Territory formed part of the Australian Capital Territory.
Subject to this Act, the criminal laws in force from time to time in the Jervis Bay Territory are, by virtue of this section (so far as they are applicable to the Territory and are not inconsistent with an Ordinance) in force in the Territory as if the Territory formed part of the Jervis Bay Territory.
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 under subsection (1) or (2).
Subsection (1) does not extend to a law in force in the Australian Capital Territory, if that law is an Act or a provision of an Act other than:
section 6 of the Seat of Government Acceptance Act 1909; and
sections 3, 4 and 12C of the Seat of Government (Administration) Act 1910 and the Schedule to that Act.
Subsection (2) does not extend to a criminal law in force in the Jervis Bay Territory if that law is an Act or a provision of an Act.
Subject to subsection (2), where a power or function is vested in a person or authority (other than a court) by a law in force in the Territory under section 6, the power or function is, in relation to the Territory, vested in, and may be exercised or performed by, that person or authority.
The Governor‑General may direct that a power or function of the kind mentioned in subsection (1) be vested in a different specified person or authority and, where such a direction is in force:
subsection (1) does not apply to the relevant power or function; and
the power or function is vested in, and may be exercised or performed by, the specified person or authority.
An Act or a provision of an Act (whether passed before or after the commencement of this Act) is not, except as otherwise provided by that Act or by another Act, in force as such in the Territory, unless expressed to extend to the Territory.
An Ordinance shall not be made so as to affect the application of its own force in, or in relation to, the Territory of an Act or a provision of an Act.
A law in force in the Territory by virtue of section six of this Act may be amended or repealed by an Ordinance or by a law made under an Ordinance.
The courts of the Australian Capital Territory have jurisdiction in and in relation to the Territory.
The Australian Capital Territory Supreme Court Act 1933 and the practice and procedure of each court of the Australian Capital Territory in force from time to time apply in the Territory as if:
where the court is exercising its jurisdiction in relation to criminal laws in force in the Territory under section 6-the Territory formed part of the Jervis Bay Territory; and
in any other case-the Territory formed part of the Australian Capital Territory.
For the purposes of subsection (2), a reference in the Australian Capital Territory Supreme Court Act 1933 to an Ordinance or enactment is a reference to an Ordinance or enactment, as the case may be, in force under this Act.
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 fifteen 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 fifteen 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 fifteen 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 fifteen 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 fifteen 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 the last two preceding subsections, 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 ceased 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 (4) or (4A) to an Ordinance shall be read as including a reference to a part of an Ordinance, and a reference in subsection (4A) 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 12(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 12(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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