Commonwealth Numbered Acts

ASHMORE AND CARTIER ISLANDS ACCEPTANCE AMENDMENT ACT 1978 No. 59 of 1978 - SECT 4

4. Section 6 of the Principal Act is repealed and the following sections are
substituted: Continuance of laws
''6. (1) Subject to this Act, the laws in force in the Territory immediately
before 1 July 1978 (including the principles and rules of common law and
equity so in force) continue in force on and after that date.

''(2) In sub-section (1), 'law' does not include the Northern Territory
(Administration) Act 1910, but includes a law made under that Act. Ordinance
may amend or repeal adopted laws
''7. A law in force in the Territory by virtue of section 6 (other than a
Commonwealth law) may be amended or repealed by an Ordinance or by a law made
under an Ordinance. Application of Commonwealth Acts
''8. (1) A Commonwealth law (including a law in force immediately before the
commencement of this Act) has effect in and in relation to the Territory,
except so far as the context otherwise requires, as if the Territory were an
internal Territory.

''(2) An Ordinance shall not be made so as to affect the application of a
Commonwealth law of its own force in, or in relation to, the Territory.
Ordinances
''9. (1) The Governor-General may make Ordinances for the peace, order and
good government of the Territory.

''(2) 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.
Tabling of Ordinances
''10. (1) 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, is void and of no
effect.

''(2) 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.

''(3) 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-

   (a)  the notice has not been withdrawn and the motion has not been called
        on; or

   (b)  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.

''(4) 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-

   (a)  that House is dissolved or, being the House of Representatives,
        expires, or the Parliament is prorogued; and

   (b)  at the time of the dissolution, expiry or prorogation, as the case may
        be-

        (i)    the notice has not been withdrawn and the motion has not been
               called on; or

        (ii)   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 sub-sections (3) and (4), be deemed to have
               been laid before that House on the first sitting day of that
               House after the dissolution, expiry or prorogation, as the case
               may be.

''(5) Where an Ordinance or part of an Ordinance is disallowed, or is to be
deemed to have been disallowed, under this section, the disallowance has the
same effect as a repeal of the Ordinance or part of the Ordinance, as the case
may be, except that, if a provision of the Ordinance or part of the Ordinance
amended or repealed a law in force immediately before that provision came into
operation, the disallowance revives the previous law from and including the
date of the disallowance as if the disallowed provision had not been made.

''(6) If an Ordinance or part of an Ordinance is disallowed, or is to be
deemed to have been disallowed, under this section, and an Ordinance
containing a provision being the same in substance as a provision that has
been so disallowed, or is to be deemed to have been disallowed, is made within
6 months after the date of the disallowance, that provision is void and of no
effect, unless-

   (a)  in the case of an Ordinance, or part of an Ordinance, disallowed by
        resolution-the resolution has been rescinded by the House of the
        Parliament by which it was passed; or

   (b)  in the case of an Ordinance, or part of an Ordinance, that is to be
        deemed to have been disallowed-the House of the Parliament in which
        notice of the motion to disallow that Ordinance or part was given
        approves, by resolution, the making of a provision the same in
        substance as the provision that is to be deemed to have been
        disallowed. Powers and functions under Northern Territory law
''11. (1) Subject to sub-section (2), where, by any law in force in the
Territory by virtue of section 6, a power or function is vested in a person or
authority (not being a court), that power or function is, in relation to the
Territory, vested in, and may be exercised or performed by, the Minister.

''(2) The Governor-General may direct that a power or function vested in a
person or authority (not being a court) by a law in force in the Territory by
virtue of section 6 shall, in relation to the Territory, be vested in, and may
be exercised or performed by, such other person or authority as the
Governor-General specifies. Courts of Northern Territory to have jurisdiction
in Territory
''12. (1) The courts of the Northern Territory have jurisdiction in and in
relation to the Territory.

''(2) In the exercise of its jurisdiction under this section a court of the
Northern Territory may sit in the Territory or in the Northern Territory.

''(3) The practice and procedure of a court exercising jurisdiction under this
section shall be the practice and procedure in force from time to time in
relation to that court in the Northern Territory. Grant of pardon, remission,
&c.
''13. (1) The Governor-General, acting with the advice of the Minister, may,
by warrant under his hand, grant to a person convicted by a court exercising
criminal jurisdiction in the Territory a pardon, either free or conditional,
or a remission or commutation of sentence, or a respite, for such period as he
thinks fit, of the execution of sentence, and may remit any fine, penalty or
forfeiture imposed or incurred under a law in force in the Territory.

''(2) Where an offence has been committed in the Territory, or where an
offence has been committed outside the Territory for which the offender may be
tried in the Territory, the Governor-General, acting with the advice of the
Minister, may, by warrant under his hand, grant a pardon to any accomplice who
gives evidence that leads to the conviction of the principal offender or any
of the principal offenders.''.
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