Australian Capital Territory (Self-Government) Act 1988
11 December 2024
Compilation information and notes on amendments.
australian-capital-territory-self-government-act-1988.pdf, p.1
Classifies the text as a compilation of the Australian Capital Territory (Self-Government) Act 1988.
The text is classified as a compilation.
This compilation shows the text of the law as amended and in force on 11 December 2024.
1 Short title
australian-capital-territory-self-government-act-1988.pdf, p.7
2 Commencement
2(1) Commencement
Commences on a specific day after Royal Assent.
(1) Section 1 and this section commence on the day on which this Act receives the Royal Assent.
This section begins on the specified day.
The commencement of the Act is included in this provision.
This provision applies to the commencement of the Act.
2(2) Commencement
Commencement provision specifying the effective date of the Act's provisions.
Requires a relation between identifiable temporal intervals.
3 Interpretation
Assembly means the Legislative Assembly for the Australian Capital Territory established by section 8.
Assembly is a subclass of LegislativeAssembly
Attorney-General of the Territory means the Minister who has the responsibility for the administration of justice in the Territory.
AttorneyGeneral is a subclass of Minister
Chief Magistrate means the Chief Magistrate appointed under the Magistrates Court Act 1930 of the Territory.
ChiefMagistrate is a subclass of Magistrate
Chief Minister means the Chief Minister elected under section 40.
ChiefMinister is a subclass of ElectedMember
4 Meaning of day on which election held
Reference to polling day for an election is a reference to the day on which the election has been, is, or is to be held.
australian-capital-territory-self-government-act-1988.pdf, p.10
5 Meaning of day on which result of election declared
Reference to declaration day is last of multiple days
6 Powers includes functions and duties
A reference to powers includes a reference to functions or duties.
7 Establishment of body politic
Establishment of Australian Capital Territory as a body politic
australian-capital-territory-self-government-act-1988.pdf, p.11
Establishs the Australian Capital Territory
8 Legislative Assembly
australian-capital-territory-self-government-act-1988.pdf, p.12
8(1) Legislative Assembly
There shall be a Legislative Assembly for the Australian Capital Territory.
8(2) Legislative Assembly
The Assembly must consist of a certain number of members.
8(3) Legislative Assembly
Enactment requires majority vote for Assembly size changes
8(4) Legislative Assembly
Subsection (3) has effect despite anything else in this Act.
(4) Subsection (3) has effect despite anything else in this Act.
The State is obligated to ensure subsection (3) takes effect.
Implies a relationship between subsection (3) and the rest of the Act.
If subsection (3) takes effect, then it is true that subsection (3) has effect despite anything else in this Act.
Describes a temporal relationship between subsection (3) and the rest of the Act.
Subsection (3) takes effect during the rest of the Act.
Inferential relationship between subsection (3) and the State.
The State can infer that subsection (3) takes effect.
Validates the relationship between subsection (3) and the rest of the Act.
The relationship between subsection (3) and the rest of the Act. is valid.
9 Oath or Affirmation of Allegiance
9(1) Oath or Affirmation of Allegiance
Member must take oath or affirmation before taking seat.
9(2) Oath or Affirmation of Allegiance
Oath or affirmation must be made before the Chief Justice of the Supreme Court of the Australian Capital Territory.
9(3) Oath or Affirmation of Allegiance
10 Term of office of member
Term of office begins at election day and ends on polling day for next general election.
Member holds office until next election.
Term of office overlaps with next general election.
Term of office ends on polling day for next general election
11 Presiding Officer of Assembly
australian-capital-territory-self-government-act-1988.pdf, p.13
11(1) Presiding Officer of Assembly
Members must elect a Presiding Officer before other business.
11(2) Presiding Officer of Assembly
The Assembly determines the title of the Presiding Officer.
11(3) Presiding Officer of Assembly
Members must elect a new Presiding Officer if there is a vacancy.
11(4) Presiding Officer of Assembly
A Minister cannot preside at meetings in the absence of the Presiding Officer.
Prohibition on Minister presiding in absence of Presiding Officer
12 Vacation of office by Presiding Officer
A person holding office as Presiding Officer must vacate the office under certain conditions.
13 Resignation of members
australian-capital-territory-self-government-act-1988.pdf, p.14
13(1) Resignation of members
Member may resign office by written notice.
13(2) Resignation of members
The Presiding Officer must resign office by written notice.
13(3) Resignation of members
Must arrange for notice of resignation to be laid before the Assembly.
14 Disqualification of member
14(1) Disqualification of member
Vacation of office due to disqualification
14(2) Disqualification of member
A person who has vacated an office of member may be re-elected.
14(3) Disqualification of member
Benefits for members and dependants upon ceasing office, permanent or temporary disability, or death.
Imposes a duty on the state to provide benefits.
Specifies the temporal intervals during which benefits are provided.
(ii) benefits for a person who is or was a member in the event of the permanent or temporary disability of the person;
...benefits for dependants of a person who is or was a member in the event of the death of the person.
Indicates that benefits are provided recurrently during specific temporal intervals.
Spreads benefits to dependants upon ceasing office, permanent or temporary disability, or death.
(iii) benefits for dependants of a person who is or was a member in the event of the death of the person;
Establishes an implication between ceasing office, permanent or temporary disability, or death and provision of benefits.
(a) that is established by or under an enactment;
...benefits for a person upon ceasing to hold an office of member...
14(4) Disqualification of member
Member disqualified if dependent has same meaning as in Superannuation Industry (Supervision) Act 1993.
Dependent has same meaning as in Superannuation Industry (Supervision) Act 1993.
Dependent has the same meaning as in subsection (3):
Member disqualified if dependent has the same meaning as in subsection (3):
Dependent has the same meaning as in Superannuation Industry (Supervision) Act 1993.
Member disqualified if dependent has the same meaning as in Superannuation Industry (Supervision) Act 1993.
15 Conflict of interest
australian-capital-territory-self-government-act-1988.pdf, p.15
15(1) Conflict of interest
Member of Assembly with direct or indirect interest in contract cannot participate in discussion or vote on related matter.
Prohibition of participation due to conflict of interest
Member of Assembly has direct or indirect interest in contract
Cannot participate in discussion or vote on related matter
Temporal relationship between contract and discussion
Contract relates directly or indirectly to discussion
15(2) Conflict of interest
The Assembly decides on conflicts of interest.
16 Dissolution of Assembly by Governor-General
16(1) Dissolution of Assembly by Governor-General
Governor-General may dissolve Assembly under certain conditions.
16(2) Dissolution of Assembly by Governor-General
The Governor-General must appoint a Commissioner and may give directions to the Commissioner.
The Governor-General must perform certain actions.
17 Times of meetings
australian-capital-territory-self-government-act-1988.pdf, p.17
17(1) Times of meetings
Assembly must meet within 7 days after general election result or written request.
General election result or written request
(a) within 7 days after general election result; (b) within 7 days after written request
17(2) Times of meetings
Presiding Officer must convene a meeting when necessary.
(2) The Presiding Officer shall, by notice published in the Territory Gazette...
The Presiding Officer must convene a meeting when necessary.
Temporal interval of necessity for convening a meeting
The meeting is convened within a certain time frame.
If a meeting is convened, it must be necessary.
Necessity of convening a meeting spreads to all relevant parties
All relevant parties must be informed of the necessity for the meeting.
CogAI recognizes the necessity of convening a meeting
CogAI understands the necessity for the meeting.
17(3) Times of meetings
Convene meeting within a particular period if Presiding Officer is unable or refuses to do so.
Prohibition of failure to convene meeting
(2) requires Presiding Officer to convene a meeting within a particular period.
(3) If the Presiding Officer is unable or refuses to convene a meeting within that period;...
Prohibition of vacancy in office of Presiding Officer
...the Commonwealth Minister shall, by notice published in the Commonwealth Gazette...
...within that period or, if that is not practicable, within 7 days after that period.
Prohibition of notice publication in Gazette
(3) requires Commonwealth Minister to convene meeting by notice published in the Commonwealth Gazette.
18 Procedure at meetings
18(1) Procedure at meetings
Quorum formed by absolute majority of members at Assembly meetings.
18(2) Procedure at meetings
Majority vote required for decision at meetings
18(3) Procedure at meetings
Member presiding at a meeting has no deliberative vote if votes are equal.
Prohibits member presiding at a meeting from having a deliberative vote.
19 Resolution of no confidence in Chief Minister
Resolution of no confidence in Chief Minister requires specific conditions to be effective.
australian-capital-territory-self-government-act-1988.pdf, p.18
Requires specific conditions to be effective.
Resolution of no confidence in Chief Minister has no effect unless...
at least the number of members necessary to be a quorum
Quorum requirement is a temporal interval.
Resolution must be passed to be effective.
20 Minutes of meetings
20(1) Minutes of meetings
The Assembly must keep minutes of meetings.
20(2) Minutes of meetings
Provide minutes on request or payment of fee
20(3) Minutes of meetings
Minutes of private committee meetings are exempt from subsection (2)
Subsection (2) does not apply to minutes of a committee meeting held in private.
The minutes of a private committee meeting are not subject to subsection (2) if the previous meeting was also private.
If the previous meeting was private, then the minutes of this meeting are exempt from subsection (2).
Spread of information about private meetings
The fact that a committee meeting is private does not affect the applicability of subsection (2) to its minutes.
Artificial intelligence analysis of meeting minutes
An artificial intelligence system can analyze the minutes of a private committee meeting without violating subsection (2).
21 Standing rules and orders
21(1) Standing rules and orders
May make standing rules and orders with respect to conduct of business.
21(2) Standing rules and orders
Standing rules and orders may be made for the election of a deputy to the Presiding Officer.
22 Power of Assembly to make laws
australian-capital-territory-self-government-act-1988.pdf, p.20
22(1) Power of Assembly to make laws
Assembly has power to make laws for the peace, order and good government of the Territory.
(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.
Assembly's power to make laws is during this Part and Part VA
Assembly's power to make laws is relevant to its role in governing the Territory
Assembly's power to make laws is diffused throughout this Part and Part VA
22(2) Power of Assembly to make laws
Power to make laws extends to power to make laws with respect to exercise of powers by the Executive.
23 Matters excluded from power to make laws
23(1) Matters excluded from power to make laws
Assembly has no power to make laws with respect to certain matters.
Assembly is prohibited from making laws with respect to certain matters.
(1) Subject to this section, the Assembly has no power to make laws...
...the Assembly has no power to make laws with respect to: (a) the acquisition of property otherwise than on just terms;
...the Assembly has no power to make laws with respect to: (c) the provision by the Australian Federal Police of police services in relation to the Territory;
...the Assembly has no power to make laws with respect to: (d) the raising or maintaining of any naval, military or air force;
...the Assembly has no power to make laws with respect to: (e) the coining of money;
...the Assembly has no power to make laws with respect to: (g) the classification of materials for the purposes of censorship.
23(2) Matters excluded from power to make laws
24 Powers, privileges and immunities of Assembly
24(1) Powers, privileges and immunities of Assembly
Definition of powers includes privileges and immunities.
powers includes privileges and immunities
privileges and immunities are included in powers
powers is a subclass of legislative powers
24(2) Powers, privileges and immunities of Assembly
Declare Assembly's powers and exercise them in a specified manner.
24(3) Powers, privileges and immunities of Assembly
Assembly has same powers as House of Representatives until a law is made.
Assembly has same powers as House of Representatives
(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.
24(4) Powers, privileges and immunities of Assembly
No imprisonment or fine empowering the Assembly.
(4) Nothing in this section empowers the Assembly to imprison or fine a person.
The Assembly cannot imprison or fine a person.
25 Notification of enactment
australian-capital-territory-self-government-act-1988.pdf, p.21
25(1) Notification of enactment
Publish notice of proposed law in Territory Gazette.
25(2) Notification of enactment
Conditional commencement upon notification in the Territory Gazette.
25(3) Notification of enactment
Availability of law copies upon enactment notification
25(4) Notification of enactment
Chief Minister must provide a statement about law availability.
26 Special procedures for making certain enactments
australian-capital-territory-self-government-act-1988.pdf, p.22
26(1) Special procedures for making certain enactments
The Assembly may pass a law prescribing restrictions on the manner and form of making particular enactments.
26(2) Special procedures for making certain enactments
The entrenching law shall be submitted to a referendum of the electors of the Territory.
26(3) Special procedures for making certain enactments
If a majority of electors approve, the entrenching law takes effect as provided by section 25.
Entrenching law approved by majority of electors
Entrenching law takes effect after approval by majority of electors
Temporal interval of entrenching law is greater than or equal to the temporal interval of section 25
Entrenching law takes effect under section 25
Recurring trace of entrenching law is less than or equal to the recurring trace of section 25
Diffusion of entrenching law is affected by the diffusion of section 25
Knowledge representation of entrenching law
Entrenching law is represented as taking effect under section 25
Knowledge representation of entrenching law is equal to the knowledge representation of section 25
26(4) Special procedures for making certain enactments
Enactments made without following the entrenching law have no effect.
Prohibits enactments made without following the entrenching law.
26(5) Special procedures for making certain enactments
Entrenching law must be passed by a specified majority.
(5) If an entrenching law includes the requirement...
26(6) Special procedures for making certain enactments
Requirement for referendums on enactments under entrenching laws.
(6) If an entrenching law passed by the Assembly:
Applies to entrenching laws and enactments.
(a) includes the requirement (however expressed) that an enactment or enactments be submitted to a referendum of the electors of the Territory;
Referendums must occur between specified dates.
(b) includes provision (however expressed) that, to have effect, the referendum is to be passed by a specified majority of the electors;
Referendums must occur until specified dates.
(d) if the entrenching law specifies different special majorities for different enactments—the highest of those special majorities.
Requires a specified majority for referendums.
27 Crown may be bound
australian-capital-territory-self-government-act-1988.pdf, p.23
28 Inconsistency with other laws
28(1) Inconsistency with other laws
Provision inconsistent with another law has no effect to the extent of inconsistency.
Obligation on state to ensure provision consistency.
(1) A provision of an enactment has no effect...
...but such a provision shall be taken to be consistent...
Provision can operate concurrently with another law.
28(2) Inconsistency with other laws
Definition of law for inconsistency with other laws
29 Avoidance of application of enactments to Parliament
australian-capital-territory-self-government-act-1988.pdf, p.24
29(1) Avoidance of application of enactments to Parliament
Defines enactments for Parliament's application
(enactment includes a part of an enactment)
(Parliamentary precincts means the precincts defined by subsection 3(1) of the Parliamentary Precincts Act 1988)
29(2) Avoidance of application of enactments to Parliament
Resolution declaring enactment does not apply to Parliament
29(3) Avoidance of application of enactments to Parliament
Enactments do not apply to Parliament before the resolution is passed.
30 Judicial notice
All courts, judges and persons acting judicially shall take judicial notice of enactments and subordinate laws.
31 Publication of enactments
Executive must publish enactments and subordinate laws.
33 Application of Acts Interpretation Act
34 Certain laws converted into enactments
australian-capital-territory-self-government-act-1988.pdf, p.25
34(1) Certain laws converted into enactments
The Imperial Act has the same meaning as in the Imperial Acts
Imperial Act has the same meaning as in the Imperial Acts
The Application Ordinance 1986 of the Territory is a subclass of the Imperial Act
The Application Ordinance 1986 of the Territory is during the Imperial Act
34(2) Certain laws converted into enactments
A law specified in Schedule 2 may be amended or repealed accordingly.
34(4) Certain laws converted into enactments
A law that was in force before the commencing day may be amended or repealed accordingly.
Imposes a duty on the State to amend or repeal the law.
(4) A law (other than a law of the Commonwealth) that, immediately before the commencing day:
shall be taken to be an enactment, and may be amended or repealed accordingly.
Describes a temporal relationship between the law and the commencing day.
Describes a recurring relationship between the law and the commencing day.
Describes how the obligation is diffused to other entities.
Describes how the obligation is recognized by artificial intelligence.
34(5) Certain laws converted into enactments
Exemption from subsection (4) for laws in Schedule 5
Subsection (4) does not apply to these laws
Temporal relationship between exemption and subsection (4)
Exemption occurs before subsection (4) applies
Subsection (4) does not apply during this period
Exemption ends before subsection (4) applies
Subsection (4) does not apply after this period
Consequence of exemption on subsection (4)
Exemption leads to no application of subsection (4)
Subsection (4) does not apply due to exemption
Artificial intelligence classification of Schedule 5 laws
34(9) Certain laws converted into enactments
Assembly has power to make laws with respect to common law
36 Australian Capital Territory Executive
There shall be an Australian Capital Territory Executive.
australian-capital-territory-self-government-act-1988.pdf, p.26
37 General powers of Executive
The Executive has responsibility for governing the Territory and executing enactments.
38 Executive matters not limited by Schedule 4
No limitation on other matters specified in Schedule 4
38A Executive’s powers under Commonwealth Acts
Exercise of Executive powers by members under an Act
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.
Obligation to exercise power vested in Executive
Implication from enactment to exercise power
Temporal interval during which power is exercised
Permission to exercise power vested in Executive
39 Membership of Executive
39(1) Membership of Executive
Membership of Executive is obligatory for the Chief Minister and appointed Ministers.
39(2) Membership of Executive
The exercise of Executive powers is not affected by vacancies in membership.
40 Chief Minister for the Territory
australian-capital-territory-self-government-act-1988.pdf, p.27
40(1) Chief Minister for the Territory
40(2) Chief Minister for the Territory
If there is a vacancy in the office of Chief Minister, the members present shall elect one of their number to be the Chief Minister.
There is a vacancy in the office of Chief Minister
The members present shall elect one of their number to be the Chief Minister
The Presiding Officer shall, by notice published in the Territory Gazette, convene a meeting as soon as practicable
Meeting can only convene after some point has passed
Permission to elect a new Chief Minister
40(3) Chief Minister for the Territory
Election of new Chief Minister after no confidence resolution
(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.
Temporal interval for Chief Minister election
Diffusion of information about Chief Minister election
41 Ministers for the Territory
41(1) Ministers for the Territory
Chief Minister must appoint Ministers for the Territory.
41(2) Ministers for the Territory
The number of Ministers is to be as provided by enactment.
(2) The number of Ministers is to be as provided by enactment.
41(2A) Ministers for the Territory
(2A) Until provision is made, the number of Ministers is not to exceed 5.
The number of Ministers shall not exceed 5.
41(3) Ministers for the Territory
A Minister may be dismissed from office at any time by the Chief Minister.
42 Presiding Officer or Deputy Presiding Officer not to be a
Minister cannot be Presiding Officer or Deputy Presiding Officer.
australian-capital-territory-self-government-act-1988.pdf, p.28
Prohibition on Minister being Presiding Officer or Deputy Presiding Officer.
43 Ministerial portfolios
43(1) Ministerial portfolios
A Minister must administer matters allocated by the Chief Minister.
43(2) Ministerial portfolios
Authorise a Minister to act on behalf of the Chief Minister.
43(3) Ministerial portfolios
Chief Minister must publish particulars in the Territory Gazette.
The Chief Minister shall publish particulars
44 Deputy Chief Minister for the Territory
44(1) Deputy Chief Minister for the Territory
The Chief Minister must appoint a Deputy Chief Minister.
44(2) Deputy Chief Minister for the Territory
Duty to act as Chief Minister in certain circumstances.
(2) The Deputy Chief Minister shall act...
44(3) Deputy Chief Minister for the Territory
Exercise powers of Chief Minister except dismissal of a Minister
44(4) Deputy Chief Minister for the Territory
Exercise of powers by Deputy Chief Minister does not affect exercise of power by Chief 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.
The exercise of the powers of the Chief Minister by the Deputy Chief Minister during the absence of the Chief Minister from Australia is exclusive.
The exercise of the powers of the Chief Minister by the Deputy Chief Minister during the absence of the Chief Minister from Australia is inclusive.
The exercise of the powers of the Chief Minister by the Deputy Chief Minister during the absence of the Chief Minister from Australia overlaps with the exercise of a power by the Chief Minister.
The exercise of the powers of the Chief Minister by the Deputy Chief Minister during the absence of the Chief Minister from Australia repeats with the exercise of a power by the Chief Minister.
45 Resignation of Ministers
australian-capital-territory-self-government-act-1988.pdf, p.29
45(1) Resignation of Ministers
Notice of resignation must be delivered to the Presiding Officer.
Chief Minister has an obligation to resign by written notice.
45(2) Resignation of Ministers
Any Minister may resign office by written notice to the Chief Minister.
46 Vacation of office by Ministers
46(1) Vacation of office by Ministers
A Chief Minister must vacate the office under certain conditions.
(1) A person holding office as Chief Minister...
Vacation occurs before election or confidence vote
(c) immediately before a Chief Minister is elected after...
(b) when the person ceases to be a member...
46(1A) Vacation of office by Ministers
A Minister must vacate office under certain conditions.
Holding office as a Minister is an obligation.
46(2) Vacation of office by Ministers
Re-election or reappointment after vacating a Minister's office is allowed.
47 Vacancies in all Ministerial offices
If certain conditions are met, a Ministerial office must be filled.
Then a Ministerial office must be filled.
48 Resolution of no confidence in Chief Minister
australian-capital-territory-self-government-act-1988.pdf, p.30
48(2) Resolution of no confidence in Chief Minister
No general election if Assembly does not elect Chief Minister within 30 days
Prohibits general election if Assembly does not elect Chief Minister within 30 days
(Assembly passes resolution of no confidence in Chief Minister) and (Governor-General does not dissolve Assembly within 30 days)
Requires a general election to occur within 36-90 days after the end of the 30-day period
(Governor-General does not dissolve Assembly within 30 days) and (Commonwealth Minister specifies day for general election)
General election must occur within 36-90 days after Governor-General's inaction
Requires a general election to occur until the Assembly elects a Chief Minister or the Governor-General dissolves the Assembly
General election continues until Assembly elects Chief Minister or Governor-General dissolves Assembly
Requires a general election if the Assembly passes a resolution of no confidence in the Chief Minister and the Governor-General does not dissolve the Assembly within 30 days
General election required if Assembly passes resolution of no confidence in Chief Minister and Governor-General does not act
Classifies the situation as requiring a general election if Assembly passes a resolution of no confidence in the Chief Minister and Governor-General does not dissolve the Assembly within 30 days
48(3) Resolution of no confidence in Chief Minister
Cannot specify polling day for Senate or House of Representatives election
48A Jurisdiction and powers of the Supreme Court
australian-capital-territory-self-government-act-1988.pdf, p.31
48A(1) Jurisdiction and powers of the Supreme Court
Supreme Court has original and appellate jurisdiction necessary for administration of justice in the Territory.
(1) The Supreme Court is to have all original and appellate jurisdiction that is necessary for the administration of justice in the Territory.
Jurisdiction implies administration of justice
The administration of justice requires jurisdiction
Jurisdiction during administration of justice
The administration of justice requires jurisdiction during its duration
Jurisdiction diffuses through administration of justice
The administration of justice requires jurisdiction to diffuse through it
Jurisdiction for administration of justice
The administration of justice requires jurisdiction for its purpose
48A(2) Jurisdiction and powers of the Supreme Court
Supreme Court's jurisdiction may be further conferred by Acts, enactments, or Ordinances.
48A(3) Jurisdiction and powers of the Supreme Court
Supreme Court not bound to exercise powers with concurrent jurisdiction.
Supreme Court is not bound to exercise powers.
48AA ACT laws may give concurrent jurisdiction to the Federal
Jurisdiction may be given to the Federal Court of Australia.
48B Retirement age of Judges etc. of the Supreme Court
48B(1) Retirement age of Judges etc. of the Supreme Court
48B(2) Retirement age of Judges etc. of the Supreme Court
No change to term of office applies unless consented to in writing.
48C Judicial commission
australian-capital-territory-self-government-act-1988.pdf, p.32
48C(1) Judicial commission
The commission must be constituted by persons who have been or are judges of a superior court.
The enactment must provide for the commission to be constituted by persons who have been or are judges of a superior court.
(1) An enactment relating to the establishment of a judicial commission for the Territory...
the commission is to be constituted by persons who have been Justices of the High Court or are, or have been, Judges of a superior court of record of the Commonwealth or of a State or Territory (other than persons who are Judges of the Supreme Court of the Territory appointed under subsection 7(1) of the Supreme Court Act 1933 of the Territory);
48C(2) Judicial commission
Judicial commission may have additional functions.
48D Removal of a judicial officer from office
57 Public money
australian-capital-territory-self-government-act-1988.pdf, p.34
57(1) Public money
Public money must be available for expenditure.
Must provide public money for expenditure.
57(2) Public money
58 Withdrawals of public money
58(1) Withdrawals of public money
Public money must be issued or spent only as authorised by enactment.
58(2) Withdrawals of public money
Public money may be invested as provided by enactment.
59 Financial relations between Commonwealth and Territory
59(1) Financial relations between Commonwealth and Territory
Ensure equal treatment of Territory as States and Northern Territory
(1) The Commonwealth shall conduct its financial relations...
The Commonwealth must ensure equal treatment of Territory as States and Northern Territory
Temporal interval between Commonwealth and Territory
The Commonwealth's financial relations with the Territory occur between equal treatment of States and Northern Territory
Implication of equal treatment on financial relations
Equal treatment of Territory implies specific financial relations with the Commonwealth
Diffusing equal treatment to financial relations
Equal treatment of Territory is diffuse in the context of financial relations with the Commonwealth
Inferential application of equal treatment to financial relations
The Commonwealth can infer specific financial relations with the Territory based on equal treatment
59(2) Financial relations between Commonwealth and Territory
The Territory is not liable to bear the cost of certain Commonwealth powers.
Prohibits the Territory from bearing costs of certain Commonwealth powers.
60 Borrowing from Commonwealth
The Finance Minister may lend money to the Territory or a Territory authority.
australian-capital-territory-self-government-act-1988.pdf, p.35
65 Proposal of money votes
65(1) Proposal of money votes
Proposal of money votes must be made by a Minister.
Prohibits proposal of money votes without a Minister.
(1) An enactment, vote or resolution (proposal) for the appropriation of the public money of the Territory must not be proposed in the Assembly except by a Minister.
Implies that proposal of money votes requires a Minister.
65(2) Proposal of money votes
Prevents a member from moving an amendment to increase public money unless authorized by the Minister.
unless the amendment is to increase the amount of public money of the Territory to be appropriated.
66 Interpretation
australian-capital-territory-self-government-act-1988.pdf, p.36
66A Part to bind Crown
66B Election of members
Members must be elected in accordance with this Part.
67 Qualifications of candidates
Qualifications of candidates must be provided by enactment.
67A General elections
Members must be elected as provided by sections 67, 67C and 67D.
67B Electoral enactment
Every person who is entitled to be enrolled on the Roll of electors must claim enrolment.
Entitled to be enrolled on the Roll of electors
Redistribution must commence at least 6 years after previous redistribution
Redistribution must commence within 6 years of previous redistribution
Redistribution must be completed within a certain time frame
Redistribution must be completed within 6 years after commencement
Enrolment claim is a requirement for being entitled to be enrolled on the Roll of electors
Being entitled to be enrolled on the Roll of electors
Redistribution is a process that must be undertaken by the State
67C Qualifications of electors
australian-capital-territory-self-government-act-1988.pdf, p.37
67C(1) Qualifications of electors
Eligibility to vote at a general election
67C(2) Qualifications of electors
A person's name is taken not to be on the Roll if an electoral enactment so provides.
Prohibits taking a person's name on the Roll if an electoral enactment so provides.
(2) A person’s name is taken not to be on the Roll for the purposes of paragraph (1)(a)
Imposes an obligation on states to take a person's name off the Roll if an electoral enactment so provides.
Defines an overlapping temporal interval between 'electoral enactment' and 'provides'
Defines a temporal relation between 'electoral enactment' and 'provides'
Defines a diffusion relation between 'electoral enactment' and 'provides'
67C(3) Qualifications of electors
Electors are entitled to vote at a general election.
(3) This section does not prevent an electoral enactment from providing that other persons, in addition to persons entitled under subsection (1), be entitled to vote at a general election.
Temporal overlap between entitlement to vote and general election
The temporal overlap between the entitlement to vote and the general election is defined by this provision
Temporal repetition of entitlement to vote
The temporal repetition of the entitlement to vote is defined by this provision
Diffusion of entitlement to vote into other persons
The diffusion of the entitlement to vote into other persons is defined by this provision
Recognition of entitlement to vote as a cognitive process
The recognition of the entitlement to vote as a cognitive process is defined by this provision
67D Territory electorates
69A Acts that bind States to bind Territory
australian-capital-territory-self-government-act-1988.pdf, p.39
69A(1) Acts that bind States to bind Territory
If an Act binds States, it binds Territory
69A(2) Acts that bind States to bind Territory
Application of Commonwealth law in Territory not affected by subsection (1)
69 Trade and commerce to be free
69(1) Trade and commerce to be free
Trade and commerce between the Territory and other territories are prohibited.
69(2) Trade and commerce to be free
The subsection does not bind the Commonwealth.
70 Validity of certain actions
70(1) Validity of certain actions
Defines office for certain government officials.
70(2) Validity of certain actions
No invalidation of actions taken by or in relation to an elected/appointed person due to election/appointment irregularities.
Obligation to perform actions despite election/appointment irregularities.
(2) Anything done by or in relation to a person who has been elected or appointed...
Implication of election/appointment irregularities on action validity.
Negation of action invalidity due to election/appointment irregularities.
Overlap of actions with election/appointment irregularities.
Propagation of action validity despite election/appointment irregularities.
73 Remuneration and allowances
australian-capital-territory-self-government-act-1988.pdf, p.40
73(1) Remuneration and allowances
Defines office for the purpose of remuneration and allowances.
73(2) Remuneration and allowances
Person must be paid remuneration and allowances
Must provide remuneration and allowances
73(3A) Remuneration and allowances
Remuneration and allowances of certain officials cannot be diminished.
Prohibits diminishment of remuneration and allowances
73(4) Remuneration and allowances
Continuation of service in office after election
Continues to serve until declaration of election result
73(5) Remuneration and allowances
Continuation of service in office after dissolution
74 Regulations
The Governor-General may make regulations.
australian-capital-territory-self-government-act-1988.pdf, p.41
Governor-General has the power to make regulations.
6 Dec 1988
australian-capital-territory-self-government-act-1988.pdf, p.53
19 June
21 Mar
1 July 1991 (s 2(2))
6 Mar 1992
australian-capital-territory-self-government-act-1988.pdf, p.54
17 June
Conditional commencement on July 1, 1992
Requires relation between identifiable temporal intervals
30 June
30 Nov
Conditional commencement on July 1, 1994
18 Jan 1994
29 June
16 Dec
27 Mar
Education Legislation Amendment Act 1997
30 May
Sch 1 (items 19–23) Gas Pipelines Access (Commonwealth) Act 101, 1998
30 July
24 Feb
Transitional Provisions and Consequential Amendments Act 2003
australian-capital-territory-self-government-act-1988.pdf, p.55
17 Dec
27 Sept
Fair Work (State Referral and Consequential and Other Amendments) Act 2009
25 June
Conditional commencement on July 1, 2009
22 Mar
Territories, Self-Government Legislation Amendment (Disallowance and Amendment of Laws) Act 2011
Classification as part of a legislative schedule
4 Dec 2011
30 Mar
31 Mar 2013 (s 2)
Amendment of Public Governance and Resources Legislation Amendment Act (No. 1) 2015
australian-capital-territory-self-government-act-1988.pdf, p.56
13 Apr
Amendment of Sch 7 by Acts and Instruments (Framework Reform) Act 126, 2015
10 Sept
Territories Legislation Amendment Act 2016
23 Mar
13 Dec
10 Dec
australian-capital-territory-self-government-act-1988.pdf, p.57
10 May 1989
17 Dec 1990
17 Feb 2006
18 Feb 2006
17 Mar 2006