Page 3906 - Week 12 - Thursday, 21 October 1993

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Section 4A of the Jervis Bay Acceptance Act 1915 (via section 32 of the A.C.T. Self-Government (Consequential Provisions) Act 1988) was amended to provide that the laws in force in the ACT would also apply to the Jervis Bay Territory as if it formed part of the ACT;

Section 413 of the Acceptance Act also provides that powers or functions vested in a person or authority under an ACT law in force in the ACT may be exercised or performed by that person or authority in relation to the Jervis Bay Territory; and

Section 37 of the Australian Capital Territory (Self-Government) Act 1988 states that power may be vested in the ACT Executive by or under an agreement or arrangement between the ACT and the Commonwealth (i.e. the ACT Executive may be empowered to act on behalf of the Commonwealth).

In effect, the Commonwealth is free to choose which ACT laws are considered

applicable to the Jervis Bay Territory and would be required to override any

provision unsuitable for application in the Jervis Bay Territory by enacting its own

legislation, under Section 4F(1) of the Jervis Bay Territory Acceptance Act 1915.

(6) The ACT does not receive any specific benefit in providing these services. Similarly, it incurs no specific costs as the full costs of service provision are recouped from the Commonwealth.

3906

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