Page 3907 - Week 12 - Thursday, 21 October 1993
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ATTACHMENT A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COMMONWEALTH AND THE AUSTRALIAN CAPITAL
TERRITORY FOR THE PROVISION OF SERVICES IN RELATION TO THE
ADMINISTRATION OF THE
COMMONWEALTH TERRITORY OF JERVIS BAY ("THE TERRITORY")
PREAMBLE
Section 4A of the Jervis Bay Territory Acceptance Act 1915 ("the Acceptance Act"), as.
amended by section 32 of the A.C.T. Self-Government (Consequential Provisions) Act 1988.
provides that the laws (including the principles and rules of common law and equity) in force
from time to time in the Australian Capital Territory (ACT) are, so far as they are applicable
to the Territory and are not inconsistent with an Ordinance made under the Acceptance Act,
in force in the Territory as if the Territory formed part of the ACT.
Section 4B of the Act provides that, except where the Governor-General otherwise directs, powers or functions vested in a person or authority under an ACT law in force in the Territory may be exercised or performed by that person or authority in relation to the Territory.
Under section 37 of the Australian Capital Territory (Self-Government) Act 1988 ("the SelfGovernment Act") power may be vested in the Australian Capital Territory Executive by or under an agreement or arrangement between the ACT and the Commonwealth.
THE PARTIES
The Commonwealth of Australia represented by the Minister for the Arts, Tourism and Territories or the Minister from time to time responsible for administration of the Acceptance Act.
The Australian Capital Territory, the body politic established under Section 7 of the SelfGovernment Act, represented by the Chief Minister of the Australian Capital Territory.
PURPOSE
This Memorandum of Understanding between the Commonwealth and the ACT outlines the understanding for the provision by the ACT of services and facilities in and in relation to the Territory.
The Memorandum of Understanding also encompasses administrative arrangements relating to powers and functions exercisable by a person or authority pursuant to Section 413 of the Acceptance Act.
RESPONSIBILITIES
Consistent with section 4B of the Acceptance Act, arrangements made thereunder by the Governor-General, the Self-Government Act and the requirements of any other legislation, the ACT shall be responsible for administering the laws of the Territory on behalf of the Commonwealth.
Details of arrangements for specific programs and services to be provided in the Territory by the ACT will be set out in individual memoranda of understanding or agreements between the Secretary of the Department of the Arts, Sport, the Environment, Tourism and Territories (DASETT) or his authorised officers on behalf of the Commonwealth and the heads of the relevant agencies of the ACT or their authorised officers.
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