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Northern Territory (Administration) Act - Police and Police Offences Ordinance (No. 3) 1974, together with statement of reasons for withholding assent to the Ordinance


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THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA 1975— Parliamentary Paper No. 53

NORTHERN TERRITORY

(ADMINISTRATION) ACT

Police and Police Offences Ordinance (No. 3) 1974 together with statement of reasons for withholding

assent to the Ordinance

Presented pursuant to Statute 9 April 1975 Ordered to be printed 23 April 1975

THE GOVERNMENT PRINTER OF AUSTRALIA CANBERRA 1976

Printed by M cCallum Pty. Ltd., 50-58 C hapel Street, Norw ood, South A ustralia

THE NORTHERN TERRITORY OF AUSTRALIA

AN ORDINANCE

To amend the Police and Police Offences Ordinance 1923 as amended

"|> E it ordained by the Legislative Council for the Northern Territory J O of Australia as follows:

1. This Ordinance may be cited as the Police and Police Offences Ordinance (No. 3) 1974.

2 . The Police and Police Offences Ordinance 1923 as amended is in this Ordinance referred to as the Principal Ordinance.

3. Section 5 of the Principal Ordinance is amended by inserting after the definition of “Member” the following definition: “ ‘Minister’ means the Minister of State for the Northern Territory;”.

4 . After section 5 of the Principal Ordinance the following section is inserted in Part I: “6.(1) This Ordinance shall be administered by the Minister of State for the Northern Territory.

“ (2) Notwithstanding the application of the Acts Interpretation Act 1901-1973 or the Interpretation Ordinance, another Minister or member of the Executive Council shall not act for or on behalf of the Minister of State for the Northern Territory for a purpose of this Ordinance on a particular occasion without the consent of the Administrator in Council in respect of that purpose on that occasion.” .

Short title

Principal Ordinance

Definitions

A dm inistration

NORTHERN TERRITORY (ADMINISTRATION) ACT 1910-1974

SECTION 4Z

STATEMENT OF REASONS FOR WITHHOLDING ASSENT TO THE POLICE AND POLICE OFFENCES ORDINANCE (NO. 3) 1974

This Ordinance was passed by the Legislative Council for the Northern Territory and reserved by the Administrator for the Governor-General’s pleasure. The Governor-General on 20 March 1975 withheld assent to it.

The Ordinance would provide that the administration of the principal Police and Police Offences Ordinance, and hence the control of the Northern Territory Police Force, shall be carried out by the Minister for the Northern Territory; it would further provide that no other Minis­

ter or member of the Executive Council could act on behalf of the Minister for the Northern Territory for a purpose of the Ordinance, without the consent of the Administrator in Council in respect of that purpose and on that occasion.

Present control of the Police Force of the Northern Territory is vested, by virtue of the Administrative Arrangements Order, in the Attorney-General’s Department. The Ordinance would therefore con­ flict with and apparently nullify part of the current Administrative Arrangements Order. In the view of the Attorney-General’s Department it involves constitutional consideration which may seriously affect the legal validity of the Ordinance.

Another effect of the Ordinance would be the placing of a limitation on the powers of the Australian Government to allocate Ministerial responsibilities; it would forestall future decisions by the Australian Government on the distribution of executive powers under the new con­ stitutional provisions operating in the Northern Territory. It is undesir­ able that the Australian Government should be so restricted by an Ordi­ nance of the Northern Territory.

REX PATTERSON Minister for the Northern Territory

Code: PP53/75 Recommended retail nrir#> 12