HEARD ISLAND AND MCDONALD ISLANDS ACT 1953

This compilation was prepared on 11 July 2008
taking into account amendments up to Act No. 73 of 2008

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated
may be affected by application provisions that are set out in
the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General's Department, Canberra

Contents

1............ Short title [see Note 1] ....................................................................... 1

2............ Interpretation ...................................................................................... 1

3............ Territory of Heard Island and McDonald Islands .............................. 2

4............ Existing laws to cease to be in force ................................................... 2

5............ Laws of Australian Capital Territory to be in force ........................... 2

6............ Powers and functions under applied laws .......................................... 3

7............ Application of Commonwealth Acts ................................................. 3

8............ Ordinance may amend or repeal adopted laws ................................... 3

9............ A.C.T. courts to have jurisdiction in the Territory ............................ 3

10.......... Ordinances .......................................................................................... 4

11.......... Laying of Ordinances before the Parliament ....................................... 4

11A....... Ordinance not to be re‑made while required to be tabled ................... 6

11B....... Ordinance not to be re‑made while subject to disallowance ............... 6

11C....... Disallowed Ordinance not to be re‑made unless resolution rescinded or House approves 7

11D....... Regulations, rules and by‑laws ........................................................... 8

12.......... Grant of pardon, remission etc. .......................................................... 8

The Schedule--Heard Island and McDonald Islands 9

Notes 11

Preamble

WHEREAS Heard Island and McDonald Islands (being the islands described in the Schedule to this Act) are territories acquired by the Commonwealth:

AND WHEREAS it is desirable to make provision for the government of those territories as one Territory of the Commonwealth:

BE it therefore enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:

Notes to the Heard Island and McDonald Islands Act 1953

Note 1

The Heard Island and McDonald Islands Act 1953 as shown in this compilation comprises Act No. 7, 1953 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 1 October 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Heard Island and McDonald Islands Act 1953	7, 1953	27 Mar 1953	24 Apr 1953
Heard Island and McDonald Islands Act 1957	36, 1957	7 June 1957	5 July 1957	--
Heard Island and McDonald Islands Act 1963	23, 1963	28 May 1963	25 June 1963	S. 3
Statute Law Revision Act 1973	216, 1973	19 Dec 1973	31 Dec 1973	Ss. 9(1) and 10
Statute Law (Miscellaneous Amendments) Act (No.1) 1982	26, 1982	7 May 1982	Part XXIV (ss. 156, 157): 4 June 1982 (a)	--
as amended by
Statute Law (Miscellaneous Amendments Act (No.2) 1982	80, 1982	22 Sept 1982	Part LXXI (ss. 262, 263): 4 June 1982 (b)	--
Statute Law (Miscellaneous Provisions) Act (No. 1) 1983	39, 1983	20 June 1983	S. 3: 18 July 1983 (c)	S. 7(1)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1986	168, 1986	18 Dec 1986	S. 3: Royal Assent (d)	S. 5
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988	99, 1988	2 Dec 1988	2 Dec 1988	--
A.C.T. Self‑Government (Consequential Provisions) Act 1988	109, 1988	6 Dec 1988	S. 32 (in part): 11 May 1989 (see Gazette 1989 No. S164) (e)	S. 26
Crimes Legislation Amendment Act 1991	28, 1991	4 Mar 1991	74(1): Royal Assent (f)	--
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001	143, 2001	1 Oct 2001	2 Oct 2001	S. 4 [see Table A]
Statute Law Revision Act 2008	73, 2008	3 July 2008	Schedule 4 (items 330-332): 4 July 2008	--

(a) The Heard Island and McDonald Islands Act 1953 was amended by Part XXIV (sections 156 and 157) only of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982, subsection 2(12) of which provides as follows:

(12) The remaining provisions of this Act shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.

(b) The Statute Law (Miscellaneous Amendments) Act (No. 1) 1982 was amended by Part LXXI (sections 262 and 263) only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1982, subsection 2(11) of which provides as follows:

(11) Part XLIX and LXXI shall be deemed to have come into operation on 4 June 1982.

(c) The Heard Island and McDonald Islands Act 1953 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.

(d) The Heard Island and McDonald Islands Act 1953 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1986, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives Royal Assent.

(e) The Heard Island and McDonald Islands Act 1953 was amended by section 32 only of the A.C.T. Self‑Government (Consequential Provisions) Act 1988, subsection 2(3) of which provides as follows:

(3) The remaining provisions of this Act (including the amendments made by Schedule 5) commence on a day or days to be fixed by Proclamation.

(f) The Heard Island and McDonald Islands Act 1953 was amended by subsection 74(1) only of the Crimes Legislation Amendment Act 1991, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted

Provision affected	How affected
S. 2......................................	am. No. 109, 1988; No. 28, 1991
S. 5......................................	am. No. 28, 1991; No. 143, 2001
S. 6......................................	rs. No. 28, 1991
S. 9......................................	am. No. 36, 1957; No. 109, 1988
	rs. No. 28, 1991
S. 11....................................	am. No. 23, 1963; No. 26, 1982 (as am. by No. 80, 1982); No. 39, 1983; No. 168, 1986; No. 99, 1988
Ss. 11A-11D.......................	ad. No. 99, 1988
S. 12....................................	ad. No. 36, 1957
	am. No. 216, 1973; No. 73, 2008

Commonwealth Consolidated Acts

HEARD ISLAND AND MCDONALD ISLANDS ACT 1953 - NOTES