C2004C00499
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HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
Compilation Information
Heard Island and McDonald Islands Act 1953
Act No. 7 of 1953 as amended
This compilation was prepared on 22 October 2001
taking into account
amendments up to Act No. 143 of 2001
The text of any of those amendments not in force
on that date is appended
in the Notes section
Prepared by the Office of Legislative Drafting,
Attorney-General's
Department, Canberra
Long Title
An Act to provide for the Government of Heard Island and
McDonald Islands
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:
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 1
Short title [see Note 1]
This Act may be cited as the Heard Island and McDonald Islands Act 1953.
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 2
Interpretation
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:
- (a)
- the investigation of offences; and
- (b)
- the punishment of offenders, including the penalties or loss of benefits
to which offenders are liable; and
- (c)
- 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 Territory of Heard Island and McDonald
Islands.
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 3
Territory of Heard Island and McDonald Islands
Heard Island and McDonald Islands (being the islands described in the
Schedule to this Act) are declared to be a Territory of the Commonwealth by the
name of the Territory of Heard Island and McDonald Islands.
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 4
Existing laws to cease to be in force
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.
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 5
Laws of Australian Capital Territory to be in force
- (1)
- 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 applicable to the Territory and not inconsistent with an Ordinance, in
force in the Territory as if the Territory formed part of the Australian
Capital Territory.
- (2)
- 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.
- (2A)
- 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).
- (3)
- 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:
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- (a)
- section 6 of the Seat of Government Acceptance Act 1909; and
- (b)
- sections 3, 4 and 12C of the Seat of Government (Administration)
Act 1910 and the Schedule to that Act.
- (4)
- 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.
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 6
Powers and functions under applied laws
- (1)
- 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 5, the power or function is, in relation to the Territory,
vested in, and may be exercised or performed by, that person or authority.
- (2)
- 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:
- (a)
- subsection (1) does not apply to the relevant power or function;
and
- (b)
- the power or function is vested in, and may be exercised or performed by,
the specified person or authority.
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 7
Application of Commonwealth Acts
- (1)
- 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.
- (2)
- 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.
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 8
Ordinance may amend or repeal adopted laws
A law in force in the Territory by virtue of section five of this Act may be
amended or repealed by an Ordinance or by a law made under an Ordinance.
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 9
A.C.T. courts to have jurisdiction in the Territory
- (1)
- The courts of the Australian Capital Territory have jurisdiction in and in
relation to the Territory.
- (2)
- 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:
- (a)
- where the relevant court is exercising its jurisdiction in relation to
criminal laws in force in the Territory under section 5—the Territory
formed part of the Jervis Bay Territory; and
- (b)
- in any other case—the Territory formed part of the Australian Capital
Territory.
- (3)
- 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.
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 10
Ordinances
- (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.
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HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 11
Laying of Ordinances before the Parliament
- (1)
- 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.
- (2)
- 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.
- (3)
- 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:
- (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.
- (3A)
- 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:
- (a)
- the House of Representatives is dissolved or 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 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.
- (4)
- 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.
- (4A)
- Where:
- (a)
- an Ordinance (in this subsection referred to as the relevant
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); and
- (b)
- 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.
- (4B)
- 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.
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HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 11A
Ordinance not to be re-made while required to be tabled
- (1)
- 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.
- (2)
- 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:
- (a)
- if the original Ordinance has been laid, in accordance with subsection
11(1), before both Houses of the Parliament on the same day—that day;
- (b)
- if the original Ordinance has been so laid before both Houses on different
days—the later of those days; or
- (c)
- if the original Ordinance has not been so laid before both Houses—the
last day on which subsection 11(1) could have been complied with.
- (3)
- If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 11B
Ordinance not to be re-made while subject to
disallowance
- (1)
- Where notice of a motion to disallow an Ordinance has been given in a
House of the Parliament within 15 sitting days after the Ordinance has been
laid before that House, no Ordinance containing a provision being the same in
substance as a provision of the first-mentioned Ordinance shall be made unless:
- (a)
- the notice has been withdrawn;
- (b)
- the Ordinance is deemed to have been disallowed under subsection 11(3);
- (c)
- the motion has been withdrawn or otherwise disposed of; or
- (d)
- subsection 11(3A) has applied in relation to the Ordinance.
- (2)
- Where:
- (a)
- because of subsection 11(3A), an Ordinance is deemed to have been laid
before a House of the Parliament on a particular day; and
- (b)
- notice of a motion to disallow the Ordinance has been given in that House
within 15 sitting days after that day;
no Ordinance containing a provision being the same in substance as a
provision of the first-mentioned Ordinance shall be made unless:
- (c)
- the notice has been withdrawn;
- (d)
- the Ordinance is deemed to have been disallowed under subsection 11(3);
- (e)
- the motion has been withdrawn or otherwise disposed of; or
- (f)
- subsection 11(3A) has applied again in relation to the Ordinance.
- (3)
- If a provision of an Ordinance is made in contravention of this section,
the provision has no effect.
- (4)
- This section does not limit the operation of section 11A or 11C.
- (5)
- In this section:
Ordinance includes a part of an Ordinance.
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 11C
Disallowed Ordinance not to be re-made unless resolution
rescinded or House approves
If an Ordinance or a part of an Ordinance is disallowed, or is deemed to have
been disallowed, under section 11, and an Ordinance containing a provision
being the same in substance as a provision so disallowed, or deemed to have
been disallowed, is made within 6 months after the date of the disallowance,
that provision has no effect, unless:
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- (a)
- in the case of an Ordinance, or a 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 a part of an Ordinance, deemed to have
been disallowed—the House of the Parliament in which notice of the motion to
disallow the Ordinance or part was given has approved, by resolution, the
making of a provision the same in substance as the provision deemed to have
been disallowed.
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 11D
Regulations, rules and by-laws
- (1)
- All regulations made under an Ordinance shall be laid before each House of
the Parliament within 15 sitting days of that House after the day on which the
regulations are made and, if they are not so laid before each House of the
Parliament, have no effect.
- (2)
- Subsections 11(2) to (4B), inclusive, and sections 11A, 11B and 11C
apply in relation to regulations laid before a House of the Parliament as if,
in those provisions, references to an Ordinance were references to regulations
and references to a provision of an Ordinance were references to a
regulation.
- (3)
- In this section, regulations includes rules and by-laws.
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
- SECT 12
Grant of pardon, remission etc.
- (1)
- The Governor-General, acting with the advice of the Minister, by warrant
under his hand, may 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, by
warrant under his hand, may grant a pardon to any accomplice who gives evidence
that leads to the conviction of the principal offender or any of the principal
offenders.
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
The Schedule—Heard Island and McDonald Islands
Section 3
The islands known as Heard Island and McDonald Islands, comprising all the
islands and rocks lying within the area bounded by the parallels 52 degrees 30
minutes and 53 degrees 30 minutes south latitude and the meridians 72 degrees
and 74 degrees 30 minutes east longitude.
HEARD ISLAND AND MCDONALD ISLANDS ACT 1953
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
|
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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]
|
(a)
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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
|
Table
A
Application, saving or transitional provisions
Transport and Regional Services Legislation Amendment (Application of
Criminal Code) Act 2001 (No. 143, 2001)
4 Application of Amendments
- (1)
- Each amendment made by this Act applies to acts and omissions that take
place after the amendment commences.
- (2)
- For the purposes of this section, if an act or omission is alleged to have
taken place between 2 dates, one before and one on or after the day on which a
particular amendment commences, the act or omission is alleged to have taken
place before the amendment commences.
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