Australian Capital Territory
Administration Act 1989
A1989-41
Republication No 1 (RI)
Effective:  10 May 1991 – 30 June 1994
Republication date of printed version: 31 May 1991
Reissued electronically:  22 November 2007
Last amendment made by A1991-17
(republication for amendments by A1989-5 and A1991-17)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Administration Act 1989 effective from 10 May 1991 to 30 June 1994.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.

Australian Capital Territory

administration act 1989
Reprinted as at 31 May 1991
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Commencement
	3.	Interpretation
	3A.	Exercise of powers of Executive
	4.	Administration of matters not allocated
	5.	Delegations
	6.	Effect on delegations of changes of occupancy of office
	7.	Effect on delegations of changes in administration

An  Act  to provide for the exercise and delegation of certain powers consequentially upon the establishment of the Territory as a body politic under the Crown
Short title
1.  This Act may be cited as the Administration Act 1989.1
Commencement
2.1  (1)  Section 1 and this section commence on the day on which this Act is notified in the Gazette.
(2)  The remaining provisions commence on the date of commencement of section 22 of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth.
Interpretation
3.  In this Act—
“administrative head” means the Head of Administration or any Associate Head of Administration.
Exercise of powers of Executive
3A.  (1)  Where an Act confers a power or imposes a duty on the Executive, the power may be exercised or the duty performed by any 2 Ministers, being members of the Executive, acting in concert.
(2)  The exercise of a power or the performance of a duty by 2 Ministers in accordance with subsection (1) shall, for all purposes, be taken to be the exercise of that power or the performance of that duty by the Executive.
(3)  Without limiting the generality of subsection (1), where, by an Act, the Executive is empowered or required to execute or make any instrument (however described), it is sufficient if the instrument is signed by any 2 Ministers who are members of the Executive.
Administration of matters not allocated
4.  While, at any time, a matter relating to the powers of the Executive is not allocated pursuant to subsection 43 (1) of the Australian Capital Territory (Self-Government) Act 1988 of the Commonwealth, the Chief Minister shall administer that matter.
Delegations
5.  (1)  A Minister or an administrative head may, by instrument, delegate to any person all or any of his or her powers under an Act or subordinate law.
(2)  Subsection (1) extends to the sub-delegation by a Minister or an administrative head of a power delegated to him or her under that subsection.
(3)  Subsections (1) and (2) have effect subject to any contrary intention—
	(a)	in the case of a power under an Act—in the Act;
	(b)	in the case of a power under a subordinate law—in the subordinate law, or in the Act under which the subordinate law is made; or
	(c)	in the case of a sub-delegation—in the relevant instrument of delegation.
(4)  An administrative head may, by instrument, delegate to any person all or any of his or her powers under—
	(a)	a Commonwealth Act;
	(b)	an instrument of a legislative nature (including a regulation, rule or by-law) made under a Commonwealth Act; or
	(c)	an instrument of delegation made under a Commonwealth Act.
(5)  Subsection (4) extends to the sub-delegation by an Associate Head of Administration of a power delegated to him or her by the Head of Administration under that subsection.
Effect on delegations of changes of occupancy of office
6.  (1)  Where a person ceases to hold the office of Minister or administrative head, a delegation or sub-delegation made or taken to be made by that person in his or her capacity as the holder of that office and in force immediately before the cessation—
	(a)	shall, on and after that cessation, be taken to be made by the person’s successor in that office and shall then, subject to paragraph (b), otherwise have effect according to its tenor; and
	(b)	may, by instrument, be varied or revoked by that successor.
(2)  Paragraphs 29B (c) and (d), and section 30, of the Interpretation Act 1967 apply in relation to a delegation or sub-delegation referred to in subsection (1) as if it had been given by the relevant successor.
Effect on delegations of changes in administration
7.  (1)  Where a Minister or an administrative head ceases to be responsible for the administration of a particular Act or subordinate law, a delegation or sub-delegation made or taken to be made by that Minister or administrative head under that Act or subordinate law and in force immediately before the cessation—
	(a)	shall, on and after that cessation, be taken to be made by the Minister or administrative head who assumes that responsibility (in this section called the “successor”) and shall then, subject to paragraph (b), otherwise have effect according to its tenor; and
	(b)	may, by instrument, be varied or revoked by the successor.
(2)  Paragraphs 29B (c) and (d), and section 30, of the Interpretation Act 1967 apply in relation to a delegation or sub-delegation referred to in subsection (1) as if it had been given by the successor.

NOTE
1.	The Administration Act 1989 as shown in this reprint comprises Act No. 41, 1989 amended as indicated in the Tables below.
Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Administration Ordinance 1989	41, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)		
Self-Government day 11 May 1989
Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Administration (Amendment) Act 1989	5, 1989	20 July 1989	20 July 1989
	—	
Administration (Amendment) Act 1991	17, 1991	10 May 1991	10 May 1991	—	

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 3A	ad. Act No. 17, 1991
S. 5	am. Act No. 5, 1989

©  Australian Capital Territory 2007