Contents

Part I—Preliminary 1

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

2............ Commencement [see Note 1].............................................................. 1

3............ Interpretation...................................................................................... 1

4............ Meaning of day on which election held.............................................. 4

5............ Meaning of day on which result of election declared......................... 4

6............ Powers includes functions and duties................................................. 4

Part II—Australian Capital Territory 5

7............ Establishment of body politic............................................................ 5

Part III—Legislative Assembly 6

Division 1—Constitution of Assembly 6

8............ Legislative Assembly.......................................................................... 6

9............ Oath or Affirmation of Allegiance...................................................... 6

10.......... Term of office of member................................................................... 6

11.......... Presiding Officer of Assembly........................................................... 6

12.......... Vacation of office by Presiding Officer.............................................. 7

13.......... Resignation of members...................................................................... 7

14.......... Disqualification of member................................................................. 8

15.......... Conflict of interest.............................................................................. 8

16.......... Dissolution of Assembly by Governor‑General................................ 9

Division 2—Procedure of Assembly 11

17.......... Times of meetings............................................................................. 11

18.......... Procedure at meetings....................................................................... 11

19.......... Resolution of no confidence in Chief Minister................................. 12

20.......... Minutes of meetings......................................................................... 12

21.......... Standing rules and orders.................................................................. 12

Part IV—Powers of Legislative Assembly 13

22.......... Power of Assembly to make laws.................................................... 13

23.......... Matters excluded from power to make laws.................................... 13

24.......... Powers, privileges and immunities of Assembly.............................. 14

25.......... Notification of enactment................................................................. 14

26.......... Special procedures for making certain enactments........................... 15

27.......... Crown may be bound....................................................................... 16

28.......... Inconsistency with other laws.......................................................... 16

29.......... Avoidance of application of enactments to Parliament.................... 16

30.......... Judicial notice................................................................................... 17

31.......... Publication of enactments................................................................. 17

33.......... Application of Acts Interpretation Act........................................... 17

34.......... Certain laws converted into enactments........................................... 18

35.......... Disallowance of enactments............................................................. 18

Part V—The Executive 20

36.......... Australian Capital Territory Executive............................................ 20

37.......... General powers of Executive............................................................ 20

38.......... Executive matters not limited by Schedule 4.................................... 20

38A....... Executive’s powers under Commonwealth Acts.............................. 20

39.......... Membership of Executive................................................................. 20

40.......... Chief Minister for the Territory....................................................... 21

41.......... Ministers for the Territory............................................................... 21

42.......... Presiding Officer or Deputy Presiding Officer not to be a Minister 21

43.......... Ministerial portfolios....................................................................... 22

44.......... Deputy Chief Minister for the Territory......................................... 22

45.......... Resignation of Ministers.................................................................. 22

46.......... Vacation of office by Ministers........................................................ 22

47.......... Vacancies in all Ministerial offices................................................... 23

48.......... Resolution of no confidence in Chief Minister................................. 24

Part VA—The Judiciary 25

48A....... Jurisdiction and powers of the Supreme Court................................ 25

48AA.... ACT laws may give concurrent jurisdiction to the Federal Court of Australia 25

48B....... Retirement age of Judges etc. of the Supreme Court........................ 25

48C....... Judicial commission.......................................................................... 25

48D....... Removal of a judicial officer from office........................................... 26

Part VII—Finance 28

57.......... Public money.................................................................................... 28

58.......... Withdrawals of public money.......................................................... 28

59.......... Financial relations between Commonwealth and Territory.............. 28

60.......... Borrowing from Commonwealth...................................................... 28

65.......... Proposal of money votes.................................................................. 29

Part VIII—Elections to Assembly 30

66.......... Interpretation.................................................................................... 30

66A....... Part to bind Crown........................................................................... 30

66B....... Election of members......................................................................... 30

67.......... Qualifications of candidates.............................................................. 30

67A....... General elections............................................................................... 30

67B....... Electoral enactment........................................................................... 30

67C....... Qualifications of electors.................................................................. 31

67D....... Territory electorates......................................................................... 31

Part IX—Miscellaneous 33

69A....... Acts that bind States to bind Territory............................................ 33

69.......... Trade and commerce to be free......................................................... 33

70.......... Validity of certain actions................................................................. 33

73.......... Remuneration and allowances........................................................... 34

74.......... Regulations....................................................................................... 35

Schedule 1 36

Schedule 2—Commonwealth Acts and provisions to become enactments 37

Schedule 4—Matters concerning which the Executive has power to govern the Territory 38

Schedule 5—Laws and provisions other than those that shall become enactments 41

Part 1—Ordinances of the Territory 41

Part 2—Acts of the Parliament of New South Wales in force in the Territory 42

Part 3—Imperial Acts in force in the Territory 43

Notes 45

An Act to provide for the Government of the Australian Capital Territory, and for related purposes

Part I—Preliminary

1 Short title [see Note 1]

This Act may be cited as the Australian Capital Territory (Self‑Government) Act 1988.

2 Commencement [see Note 1]

(1) Section 1 and this section commence on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

3 Interpretation

In this Act, unless the contrary intention appears:

Assembly means the Legislative Assembly for the Australian Capital Territory established by section 8.

Attorney‑General of the Territory means the Minister who has the responsibility for the administration of justice in the Territory.

casual vacancy means a vacancy in the membership of the Assembly occurring otherwise than because of section 10 or 16.

Chief Magistrate means the Chief Magistrate appointed under the Magistrates Court Act 1930 of the Territory.

Chief Minister means the Chief Minister elected under section 40.

commencing day means the day on which section 22 commences.

Commissioner means a Commissioner appointed under section 16.

Commonwealth Gazette means the Commonwealth of Australia Gazette.

Commonwealth Minister means the Minister of State administering this Act, and has the additional meaning given by section 19A of the Acts Interpretation Act 1901.

Deputy Chief Minister means the Deputy Chief Minister appointed under section 44.

Deputy Presiding Officer means the person (if any) elected under subsection 21(2).

elector of the Territory means a person who is entitled to vote at a general election.

enactment means:

(a) a law (however described or entitled) made by the Assembly under this Act; or

(b) a law, or part of a law, that is an enactment because of section 34.

Executive means the Australian Capital Territory Executive established by section 36.

general election means a general election of members of the Assembly.

judicial commission means a body or authority established by the Assembly having the function (whether alone or together with another body or authority of the Territory) of investigating, and reporting to the Attorney‑General of the Territory on, complaints concerning the conduct or the physical or mental capacity of a judicial officer.

judicial officer means:

(a) the Chief Justice of the Supreme Court; or

(b) a Judge (other than an additional Judge) of the Supreme Court; or

(d) the Chief Magistrate; or

(e) a Magistrate; or

(f) any other judicial office holder or member of a tribunal specified in an enactment relating to the establishment of a judicial commission for the Territory.

Magistrate means a Magistrate (other than a Special Magistrate) appointed under the Magistrates Court Act 1930 of the Territory.

meeting means a meeting of the Assembly.

member means a member of the Assembly.

Minister means the Chief Minister or a Minister appointed under section 41.

Presiding Officer means the officer elected under section 11, by whatever title determined by the Assembly.

public money of the Territory means revenues, loans and other money received by the Territory.

resolution of no confidence means a resolution passed in accordance with section 19.

subordinate law means an instrument of a legislative nature (including a regulation, rule or by‑law) made under an enactment.

Supreme Court means the Supreme Court of the Territory existing under the Supreme Court Act 1933 of the Territory.

Territory:

(a) when used in a geographical sense, means the Australian Capital Territory; and

(b) when used in any other sense, means the body politic established by section 7.

Territory authority:

(a) except in Part VII—means a body, whether corporate or not:

(i) established by or under enactment; or

(ii) otherwise established by the Executive; or

(b) in Part VII—means a body corporate established for a public purpose by or under enactment and having power to borrow money.

Territory Gazette means the Australian Capital Territory Gazette.

4 Meaning of day on which election held

A reference in this Act to the day on which an election has been, is, or is to be, held, is a reference to the polling day for that election.

5 Meaning of day on which result of election declared

Where the results of a general election are declared on different days, a reference in this Act to the day on which the result of the election is declared is a reference to the last of those days.

6 Powers includes functions and duties

In this Act, unless the contrary intention appears:

(a) a reference to powers includes a reference to functions or duties; and

(b) a reference to the exercise of powers includes a reference to the performance of functions or duties.

Part II—Australian Capital Territory

7 Establishment of body politic

The Australian Capital Territory is established as a body politic under the Crown by the name of the Australian Capital Territory.

Part III—Legislative Assembly

Division 1—Constitution of Assembly

8 Legislative Assembly

(1) There shall be a Legislative Assembly for the Australian Capital Territory.

(2) Subject to subsection (3), the Assembly shall consist of 17 members.

(3) The regulations may fix a different number of members for the purpose of subsection (2), but regulations shall not be made for that purpose except in accordance with a resolution passed by the Assembly.

9 Oath or Affirmation of Allegiance

(1) A member shall, before taking his or her seat, make and subscribe an oath or affirmation in accordance with the form in Schedule 1.

(2) The oath or affirmation shall be made before the Chief Justice of the Supreme Court of the Australian Capital Territory or some person authorised by the Chief Justice.

(3) This section has effect subject to any enactment.

10 Term of office of member

The term of office of a member duly elected begins at the end of the day on which the election of the member is declared and, unless sooner ended by resignation or disqualification, or by dissolution of the Assembly, ends on the polling day for the next general election.

11 Presiding Officer of Assembly

(1) At the first meeting of the Assembly after a general election, the members present shall, before any other business, elect one of their number to be the Presiding Officer of the Assembly.

(2) The title of the Presiding Officer shall be determined by the Assembly.

(3) If there is a vacancy in the office of Presiding Officer (not because of a dissolution of the Assembly), then:

(a) if the vacancy happens at a meeting, the members present shall, before any further business, elect one of their number to be the Presiding Officer; or

(b) if the vacancy happens at any other time, at the next meeting the members present shall, before any other business, elect one of their number to be the Presiding Officer.

(4) This section does not prevent the Assembly from appointing a person to preside at meetings in the absence of the Presiding Officer, but a person holding office as a Minister shall not be so appointed.

12 Vacation of office by Presiding Officer

(1) A person holding office as Presiding Officer vacates the office:

(a) immediately before a Presiding Officer is elected at the first meeting of the Assembly after a general election;

(b) when the person resigns office as Presiding Officer;

(d) when an absolute majority of the members of the Assembly vote in favour of the person’s removal from office.

(2) A person who has vacated the office of Presiding Officer may be re‑elected.

13 Resignation of members

(1) A member may resign office as a member by written notice delivered to a person authorised by the Assembly to receive it.

(2) The Presiding Officer may resign office as Presiding Officer by written notice delivered to a person authorised by the Assembly to receive it.

(3) The person receiving a notice of resignation must arrange for it to be laid before the Assembly as soon as practicable after receiving that notice.

14 Disqualification of member

(1) A member vacates office if the member:

(a) at any time after the beginning of the first meeting of the Assembly after a general election, is not qualified to take a seat as a member;

(b) is absent without permission of the Assembly from:

(i) such number of consecutive meetings as is specified by enactment for the purposes of this subparagraph; or

(ii) if no such enactment is in force—4 consecutive meetings of the Assembly; or

(c) takes or agrees to take, directly or indirectly, any remuneration, allowance, honorarium or reward for services rendered in the Assembly, otherwise than under section 73.

(2) A person who has vacated an office of member may be re‑elected.

(3) Paragraph (1)(c) does not apply to a superannuation scheme:

(a) that is established by or under an enactment; and

(b) under which any or all of the following benefits are provided:

(i) benefits for a person upon ceasing to hold an office of member;

(ii) benefits for a person who is or was a member in the event of the permanent or temporary disability of the person;

(iii) benefits for dependants of a person who is or was a member in the event of the death of the person.

(4) In subsection (3):

dependant has the same meaning as in the Superannuation Industry (Supervision) Act 1993.

15 Conflict of interest

(1) A member of the Assembly who is a party to, or has a direct or indirect interest in, a contract made by or on behalf of the Territory or a Territory authority shall not take part in a discussion of a matter, or vote on a question, in a meeting of the Assembly where the matter or question relates directly or indirectly to that contract.

(2) A question concerning the application of subsection (1) shall be decided by the Assembly, and a contravention of that subsection does not invalidate anything done by the Assembly.

16 Dissolution of Assembly by Governor‑General

(1) If, in the opinion of the Governor‑General, the Assembly:

(a) is incapable of effectively performing its functions; or

(b) is conducting its affairs in a grossly improper manner;

the Governor‑General may dissolve the Assembly.

(2) Where the Assembly is dissolved:

(a) the Governor‑General:

(i) shall appoint a Commissioner for the purposes of this section; and

(ii) may, at any time, give directions to the Commissioner about the exercise of the powers of the Executive; and

(b) a general election shall be held on a day specified by the Commonwealth Minister by notice published in the Commonwealth Gazette, being not earlier than 36 days, nor later than 90 days, after the dissolution of the Assembly.

(3) The Commonwealth Minister shall not specify a day that is the polling day for an election of the Senate or a general election of the House of Representatives.

(4) The Commissioner:

(a) shall exercise all the powers of the Executive in accordance with any directions given by the Governor‑General; and

(b) if it is necessary to issue or spend public money of the Territory when not authorised to do so by or under enactment—may do so with the authority of the Governor‑General.

(5) The Commissioner shall be paid such remuneration and allowances as are determined by the Governor‑General.

(6) Unless sooner terminated by the Governor‑General, the term of office of the Commissioner ceases at the beginning of the first meeting of the Assembly held after the next general election.

(7) The powers of the Governor‑General under this section shall be exercised by Proclamation.

(8) The Commonwealth Minister shall cause a statement of the reasons for the dissolution to be:

(a) published in the Commonwealth Gazette as soon as practicable after the day of the dissolution; and

(b) laid before each House of the Parliament within 15 sitting days of that House after the day of the dissolution.

(9) A person holding office, or acting as, Chief Executive of the Chief Minister’s Department must not be appointed as a Commissioner under this section.

(10) If the name of the office of Chief Executive, or of the Chief Minister’s Department, is changed, a reference in subsection (9) to that office or Department is to be taken to be a reference to the office or Department under the new name.

Division 2—Procedure of Assembly

17 Times of meetings

(1) Subject to subsection (3), the Assembly shall meet:

(a) within 7 days after the result of a general election is declared; and

(b) within 7 days after a written request for a meeting, signed by such number of members as is fixed by enactment, is delivered to the Presiding Officer.

(2) The Presiding Officer shall, by notice published in the Territory Gazette, convene a meeting when it is necessary to do so to comply with subsection (1).

(3) If the Presiding Officer is required by subsection (2) to convene a meeting within a particular period and:

(a) the office of Presiding Officer is vacant, whether or not a person has been previously elected to the office; or

(b) the Presiding Officer is unable, or refuses or fails, to convene a meeting within that period;

the Commonwealth Minister shall, by notice published in the Commonwealth Gazette, convene the meeting within that period or, if that is not practicable, within 7 days after that period.

18 Procedure at meetings

(1) At a meeting of the Assembly, a quorum is formed by an absolute majority of the members.

(2) Questions arising at a meeting shall be decided by a majority of the votes of the members present and voting, unless a special majority is required by the standing rules and orders.

(3) The member presiding at a meeting has a deliberative vote only, and, if the votes on a question are equal, the question shall pass in the negative.

(4) Subject to subsection 15(1) and to the standing rules and orders, the Presiding Officer shall preside at all meetings of the Assembly at which he or she is present.

19 Resolution of no confidence in Chief Minister

A resolution of no confidence in the Chief Minister has no effect unless:

(a) it affirms a motion that is expressed to be a motion of no confidence in the Chief Minister;

(b) at least one week’s notice of the motion has been given in accordance with the standing rules and orders; and

20 Minutes of meetings

(1) The Assembly shall cause minutes to be kept of meetings.

(2) A copy of any minutes so kept shall, on request made by a person:

(a) be made available for inspection by the person; or

(b) be supplied to the person on payment of such fee (if any) as is fixed by or under enactment.

(3) Subsection (2) does not apply to minutes of a committee meeting held in private.

21 Standing rules and orders

(1) Subject to this Act, the Assembly may make standing rules and orders with respect to the conduct of business.

(2) Without limiting the generality of subsection (1), standing rules and orders may be made:

(a) for the election of a deputy (however titled) to the Presiding Officer; and

(b) conferring on that deputy such powers as are specified in the rules and orders (including powers of the Presiding Officer under this Act).

Part IV—Powers of Legislative Assembly

22 Power of Assembly to make laws

(1) Subject to this Part and Part VA, the Assembly has power to make laws for the peace, order and good government of the Territory.

(2) The power to make laws extends to the power to make laws with respect to the exercise of powers by the Executive.

23 Matters excluded from power to make laws

(1) Subject to this section, the Assembly has no power to make laws with respect to:

(a) the acquisition of property otherwise than on just terms;

(d) the raising or maintaining of any naval, military or air force;

(e) the coining of money;

(g) the classification of materials for the purposes of censorship.

(1A) The Assembly has no power to make laws permitting or having the effect of permitting (whether subject to conditions or not) the form of intentional killing of another called euthanasia (which includes mercy killing) or the assisting of a person to terminate his or her life.

(1B) The Assembly does have power to make laws with respect to:

(a) the withdrawal or withholding of medical or surgical measures for prolonging the life of a patient but not so as to permit the intentional killing of the patient; and

(b) medical treatment in the provision of palliative care to a dying patient, but not so as to permit the intentional killing of the patient; and

(c) the appointment of an agent by a patient who is authorised to make decisions about the withdrawal or withholding of treatment; and

(d) the repealing of legal sanctions against attempted suicide.

(2) The regulations may omit any of the paragraphs in subsection (1) or reduce the scope of any of those paragraphs.

24 Powers, privileges and immunities of Assembly

(1) In this section:

powers includes privileges and immunities, but does not include legislative powers.

(2) Without limiting the generality of section 22, the Assembly may also make laws:

(a) declaring the powers of the Assembly and of its members and committees, but so that the powers so declared do not exceed the powers for the time being of the House of Representatives or of its members or committees; and

(b) providing for the manner in which powers so declared may be exercised or upheld.

(3) Until the Assembly makes a law with respect to its powers, the Assembly and its members and committees have the same powers as the powers for the time being of the House of Representatives and its members and committees.

(4) Nothing in this section empowers the Assembly to imprison or fine a person.

25 Notification of enactment

(1) Where a proposed law has been passed by the Assembly, the Chief Minister, or another person authorised by enactment to do so, shall publish in the Territory Gazette a notice of the proposed law having been passed and of the place or places where copies of the law can be purchased.

(2) Where a proposed law is notified in the Territory Gazette, it takes effect upon the day of notification or, if the proposed law otherwise provides, as so provided.

(3) At the time of publication of the notice under subsection (1) of the passing of a proposed law or as soon as practicable thereafter, copies of the law shall be made available for purchase at the place, or at each of the places, specified in the notice.

(4) Where, on the day of publication of the notice under subsection (1) of the passing of a proposed law, there are no copies of the law available for purchase at the place, or at one or more of the places, specified in the notice, the Chief Minister shall cause to be laid before the Assembly, within 15 sitting days of the Assembly after that day, a statement that copies of the law were not so available and the reason why they were not so available.

(5) Failure to comply with the requirements of subsection (3) or (4) in relation to a proposed law shall not be taken to constitute a failure to comply with subsection (1).

(6) Subsections (1) to (5) (inclusive) cease to have effect on and after the commencement of an enactment providing for:

(a) the publication of a notice of the passing of a proposed law by the Assembly otherwise than under subsection (1); and

(b) the commencement of such a proposed law.

26 Special procedures for making certain enactments

(1) The Assembly may pass a law (in this section called the entrenching law) prescribing restrictions on the manner and form of making particular enactments (which may include enactments amending or repealing the entrenching law).

(2) The entrenching law shall be submitted to a referendum of the electors of the Territory as provided by enactment.

(3) If a majority of the electors approve the entrenching law, it takes effect as provided by section 25.

(4) While the entrenching law is in force, an enactment to which it applies has no effect unless made in accordance with the entrenching law.

(5) If an entrenching law includes the requirement (however expressed) that an enactment or enactments be passed by a specified majority of the members (in this subsection called a special majority), the same requirement shall be taken to apply to the entrenching law, so that it must be passed by:

(a) that special majority; or

(b) if it specifies different special majorities for different enactments—the highest of those special majorities.

(6) If an entrenching law passed by the Assembly:

(a) includes the requirement (however expressed) that an enactment or enactments be submitted to a referendum of the electors of the Territory; and

(b) includes provision (however expressed) that, to have effect, the referendum is to be passed by a specified majority of the electors (in this subsection called a special majority);

the same requirement shall be taken to apply to the entrenching law, so that the reference in subsection (3) to a majority of the electors shall be taken to be a reference to:

(d) if the entrenching law specifies different special majorities for different enactments—the highest of those special majorities.

27 Crown may be bound

Except as provided by the regulations, an enactment does not bind the Crown in right of the Commonwealth.

28 Inconsistency with other laws

(1) A provision of an enactment has no effect to the extent that it is inconsistent with a law defined by subsection (2), but such a provision shall be taken to be consistent with such a law to the extent that it is capable of operating concurrently with that law.

(2) In this section:

law means:

(a) a law in force in the Territory (other than an enactment or a subordinate law); or

(b) an order or determination, or any other instrument of a legislative character, made under a law falling within paragraph (a).

Note: Section 17 of the Workplace Relations Act 1996 deals with inconsistency between awards and agreements made under that Act, and laws of the Territory.

29 Avoidance of application of enactments to Parliament

(1) In this section:

enactment includes a part of an enactment.

Parliamentary precincts means the precincts defined by subsection 3(1) of the Parliamentary Precincts Act 1988.

(2) If either House of the Parliament passes a resolution declaring that an enactment made after the commencing day does not apply:

(a) to that House;

(b) to the members of that House; or

the resolution has effect according to its tenor and the enactment does not apply accordingly.

(3) A resolution under subsection (2):

(a) does not have effect in respect of the application of an enactment on a day before the day on which the resolution is passed; and

(b) has effect, to the extent that the enactment ceases to apply, as if the enactment were repealed by another enactment.

30 Judicial notice

All courts, judges and persons acting judicially shall take judicial notice of enactments and subordinate laws.

31 Publication of enactments

The Executive shall publish copies of enactments and subordinate laws and make them available for purchase by the public.

33 Application of Acts Interpretation Act

Neither paragraph 46(1)(a) of the Acts Interpretation Act 1901 nor paragraph 13(1)(a) or (b) of the Legislative Instruments Act 2003 applies to:

(a) an enactment;

(b) a subordinate law; or

34 Certain laws converted into enactments

(1) In this section:

Imperial Act has the same meaning as in the Imperial Acts Application Ordinance 1986 of the Territory.

law includes a provision of a law.

(2) A law specified in Schedule 2 shall be taken to be an enactment, and may be amended or repealed accordingly.

(4) A law (other than a law of the Commonwealth) that, immediately before the commencing day:

(a) was in force in the Territory; and

(b) was an Ordinance, an Act of the Parliament of New South Wales or an Imperial Act;

shall be taken to be an enactment, and may be amended or repealed accordingly.

(5) Subsection (4) does not apply to a law specified in Schedule 5.

(9) This section does not limit the power of the Assembly to make laws with respect to the common law.

35 Disallowance of enactments

(1) In this section:

enactment includes a part of an enactment.

(2) Subject to this section, the Governor‑General may, by legislative instrument, disallow an enactment within 6 months after it is made.

(4) The Governor‑General may, within 6 months after an enactment is made, recommend to the Assembly any amendments of the enactment, or of any other enactment, that the Governor‑General considers to be desirable as a result of considering the enactment.

(5) Where the Governor‑General so recommends any amendments, the time within which the Governor‑General may disallow the enactment is extended for 6 months after the date of the recommendation.

(6) Upon publication in the Commonwealth Gazette of notice of the disallowance of an enactment, the disallowance has, subject to subsection (7), the same effect as a repeal of the enactment.

(7) If a provision of a disallowed enactment amended or repealed an enactment that was in force immediately before the commencement of that provision, the disallowance revives the previous enactment from the date of publication of the notice of disallowance as if the disallowed provision had not been made.

(8) For the purposes of this section, an enactment shall be taken to be made when it is notified in the Territory Gazette under this Part.

Part V—The Executive

36 Australian Capital Territory Executive

There shall be an Australian Capital Territory Executive.

37 General powers of Executive

The Executive has the responsibility of:

(a) governing the Territory with respect to matters specified in Schedule 4;

(b) executing and maintaining enactments and subordinate laws;

(c) exercising such other powers as are vested in the Executive by or under a law in force in the Territory or an agreement or arrangement between the Territory and the Commonwealth, a State or another Territory; and

(d) exercising prerogatives of the Crown so far as they relate to the Executive’s responsibility mentioned in paragraph (a), (b) or (c).

38 Executive matters not limited by Schedule 4

A matter specified in Schedule 4 does not limit the generality of any other matter specified in that Schedule.

38A Executive’s powers under Commonwealth Acts

An enactment may provide for the exercise by a member or members of the Executive of powers vested in the Executive by or under an Act.

39 Membership of Executive

(1) The members of the Executive are the Chief Minister and such other Ministers as are appointed by the Chief Minister.

(2) The exercise of the powers of the Executive is not affected merely because of a vacancy or vacancies in the membership of the Executive.

40 Chief Minister for the Territory

(1) At the first meeting of the Assembly after a general election, the members present shall, after electing a Presiding Officer and before any other business, elect one of their number to be the Chief Minister for the Territory.

(2) If there is a vacancy in the office of Chief Minister (not because of a dissolution of the Assembly), then:

(a) if the vacancy happens at a meeting, the members present shall elect one of their number to be the Chief Minister; or

(b) if the vacancy happens at any other time, the Presiding Officer shall, by notice published in the Territory Gazette, convene a meeting as soon as practicable and, at the meeting, the members present shall elect one of their number to be the Chief Minister.

(3) If a resolution of no confidence in the Chief Minister is passed, the members present shall elect one of their number to be the Chief Minister.

41 Ministers for the Territory

(1) The Chief Minister must appoint Ministers for the Territory from among the members of the Assembly.

(2) The number of Ministers is to be as provided by enactment.

(2A) Until provision is made, the number of Ministers is not to exceed 5.

(3) A Minister may be dismissed from office at any time by a person holding office as Chief Minister at that time.

42 Presiding Officer or Deputy Presiding Officer not to be a Minister

The person for the time being holding office as Presiding Officer or Deputy Presiding Officer is not eligible to be a Minister.

43 Ministerial portfolios

(1) A Minister shall administer such matters relating to the powers of the Executive as are allocated to that Minister from time to time by the Chief Minister.

(2) The Chief Minister may authorise a Minister or Ministers to act on behalf of the Chief Minister or any other Minister.

(3) The Chief Minister shall publish particulars of such arrangements in the Territory Gazette.

44 Deputy Chief Minister for the Territory

(1) The Chief Minister shall appoint one of the Ministers to be Deputy Chief Minister for the Territory.

(2) The Deputy Chief Minister shall act as Chief Minister at any time when there is a vacancy in the office of Chief Minister or the Chief Minister is absent from duty or from Australia or is, for any other reason, unable to exercise the powers of Chief Minister.

(3) While the Deputy Chief Minister is acting as Chief Minister, he or she shall exercise all the powers of the Chief Minister other than the dismissal of a Minister.

(4) The exercise of the powers of the Chief Minister by the Deputy Chief Minister during the absence of the Chief Minister from Australia does not affect the exercise of a power by the Chief Minister.

45 Resignation of Ministers

(1) The Chief Minister may resign office as Chief Minister by written notice delivered to the Presiding Officer.

(2) Any other Minister may resign office as Minister by written notice delivered to the Chief Minister.

46 Vacation of office by Ministers

(1) A person holding office as Chief Minister vacates the office:

(a) when the person resigns the office; or

(b) when the person ceases to be a member (not because of a general election); or

(i) the next general election; or

(ii) the passing of a resolution of no confidence in the Chief Minister.

(1A) A person holding office as a Minister (other than the Chief Minister) vacates the office:

(a) when the person resigns the office; or

(b) when the person ceases to be a member (not because of a general election); or

(d) immediately before another Chief Minister is elected after:

(i) the next general election; or

(ii) the passing of a resolution of no confidence in the Chief Minister.

(2) A person who has vacated an office of Minister may be re‑elected or re‑appointed.

47 Vacancies in all Ministerial offices

(1) If:

(a) at any time after the election of a Chief Minister, all the Ministerial offices (including the office of Chief Minister) have become vacant; and

(b) it is necessary to exercise powers of the Executive for the purpose of maintaining the provision and control of essential services;

the Commonwealth Minister may exercise those powers for that purpose until a Chief Minister is elected.

(2) Subsection (1) does not apply where the vacancies result from a dissolution of the Assembly.

48 Resolution of no confidence in Chief Minister

(2) If:

(a) on a particular day, the Assembly passes a resolution of no confidence in the Chief Minister;

(b) the Assembly does not, within the period of 30 days after that day, elect a Chief Minister; and

a general election shall be held on a day specified by the Commonwealth Minister by notice published in the Commonwealth Gazette, being not earlier than 36 days, nor later than 90 days, after the end of that period of 30 days.

(3) The Commonwealth Minister shall not specify a day that is the polling day for an election of the Senate or a general election of the House of Representatives.

Part VA—The Judiciary

48A Jurisdiction and powers of the Supreme Court

(1) The Supreme Court is to have all original and appellate jurisdiction that is necessary for the administration of justice in the Territory.

(2) In addition, the Supreme Court may have such further jurisdiction as is conferred on it by any Act, enactment or Ordinance, or any law made under any Act, enactment or Ordinance.

(3) The Supreme Court is not bound to exercise any powers where it has concurrent jurisdiction with another court or tribunal.

48AA ACT laws may give concurrent jurisdiction to the Federal Court of Australia

Nothing in section 48A is to be taken to imply that a law of the Australian Capital Territory may not confer on the Federal Court of Australia original or appellate jurisdiction in any matter in respect of which, by virtue of section 48A, jurisdiction is conferred on the Supreme Court.

48B Retirement age of Judges etc. of the Supreme Court

(1) This section applies to the following offices:

(a) Chief Justice of the Supreme Court;

(b) Judge (other than additional Judge) of the Supreme Court;

(2) An enactment that changes the retirement age in relation to an office to which this section applies does not affect the term of office of a person who was appointed to such an office before the commencement of that enactment unless the person has consented in writing to the application of the enactment to him or her.

48C