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Warning

“Queensland Statute Reprints”

QUT Digital Collections

This copy is not an authorised reprint within the meaning of the Reprints Act 1992 (Qld).

This digitized copy of a Queensland legislation pamphlet reprint is made available for non-commercial educational and research purposes only. It may not be reproduced for commercial gain.

©State of Queensland

(2)

on of Laws o f t h e

in C Q ~ ~ o n w e a ~ t [ASSENTED TO 21

advice and CO

~ ~ a ~ e n t assern

This Act may be (Administration of Laws) Act 1970.

Collective title conferred by Act of 1974, No. 58, s. 1 (2).

This Act shall come into operation on

~n of the Governor in Council publish be fi

Gazette,

Commenced 15 February 1971 (Proc. pubd. Gazette 13 February 1971, p. 527).

In this Act unless the contra intention appears-

“Authority”, in relation to the

the Governor, the Governor in Council, a member of the Executive Council o f t h e State;

a court of the State;

a person who holds office as a member of a court of the State;

a body created by or under the law of the State; and

(3)

2 S. 4 COMMONWEALTH PLACES (ADMINISTRATION OF LAWS) s. 4 ACT 1970-1974

(e) an officer or employee of the State or of a body referred

“ ~ O m ~ Q n w e a ~ t ~ place” means a place (not being the seat of Constitutuion of the to in the last pr~ceding paragraph;

within or without the

subject to that Constitut‘

for the peace, order, and g exclusive power to make

isions ofthe laws ofthe d to have a ~ ~ l i e d in or aces by virtue of the

~ o m ~ o ~ w e a l t h Act;

( ~ p p l i c a ~ i o n of Laws) if that Act is amende whe~her written or U

“the ~ o ~ m o n w e a l t h Act9’

“the laws of the tate” means the laws in force in

n w ~ t t e n , or an instrument made or ch a law and “‘law of the State” has

n Authority of the State made for or in relation

(2) The Governor may make an arrangement with the Governor- General with respect to any matter necessary or convenient for the purpose of carrying out or giving effect to the Commonwealth Act in or in relation to the State.

(3) An arrangement under this section may contain such incidental or supplementary provisions as the Governor and the Governor-General think necessary.

(4) The Governor may arrange with the Governor-General for the variation or revocation of any arrangement in force under this section.

As amended by Act of 197 1, No. 63, s. 2.

(4)

s. 5 COMMONWEALTH PLACES (ADMINISTRATION OF LAWS) s. B P 3 ACT 1970-1974

law ~f the State.

in relation to that act, matter or thing, that reference has effect as if it were a reference to that part of the law of the State that corresponds to that provision.

shall

against a law of the State by reason only that in the proceedings a offence is also alleged against a part of the applied provision to which that law corresponds.

(5)

4 S . 12 COMMONWEALTH PLACES (ADMINISTRATION OF LAWS) s. 14 ACT 1970- 197$

as a part of the applied provisions and the court before which he is charge is satisfied-

t provision is not a part o f the applied provisions;

ponds to that provision-

as though that erson had been inst the law of the State bat correspon charged with an Q

to that provision.

the applied provisions; and

(1) A certificate in writing

ip, on a date or during a

,

of a right so specified in ceedings under, or

any question arise o f the matters sta

(2) For the purposes of the last preceding subsection a writing purporting to be a certificate referred to in that subsection shall, unless ry is proved, be deemed to be such a certificate and to have

given.

(3) In this section 6 6 a u t h o ~ z e d person” has the same meaning as in section 17 of the C o ~ m o n w e ~ ~ t h Act.

a CO

in or in relation to that place-

ere, upon a place becoming or having be a law of a State ceases or ceased to have (a) the previous operation of that law or anything duly done

or suffered under that law is not affected;

(b) any right, privilege, obligation or liability acquired, accrued or incurred under that law is not affected;

(c) any penalty, forfeiture or punishment incurred in respect of an offence committed against that law is not affected;

(d) any investigation, legal proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture

(6)

s. 15 COMMONWEALTH PLACES (ADMINISTRATION OF LAWS) s. 15 5 ACT 1970-1974

or punishment referred to in either of the last two preceding paragraphs is not affected; and

(e) any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if the law had not so ceased to have effect.

(2) Subject to subsection (3), when 8 place ceases or has ceased to be a Commonwealth place at a particular time the laws of the State in force at that particular time apply in or in relation to that place as if those laws had come into operation at that particular time and every Act, whether passed before or after the commencement of this Act, and every instrument made or having effect under any such Act, shall be read and construed as if it provided expressly that it was intended to so apply.

e ceases or has ceased to be a Commonwealth place all persons things and circu~stances appointed or r the applied provisions in or in relation to that continuing under the applied provisions in or in relation to that place immediately before the applied provisions cease or ceased to have effect in or in relation to that place by reason of that place ceasing or having ceased to be a Commonwealth place shall under and subject to the law o f t h e State continue or s 11 be deemed to have continued to have the same status operation and e ct as they respectively would have had if they had been appointed or created or existed or continued under the law of the State.

.

(Repealed).

Repealed by Act of 1974, No. 58, s. 2.

6455 I-By Authority: S . R. HAMPSON, Government Printer, Queensland

(7)
(8)

TO THE

Act-

commencement . . . short title . . . meaning of term for the purposes of s . 13 may act under Commonwealth Law . . . meaning of term . . . . . validation of certain acts by . . . Authorised person-

Authority-

Causes of action . . . Commencement of Act . . . Commonwealth-

arrangements with . . . authorities may act under laws of . . . arrangements re . . . continuance of proceedings where place not a . . meaning of term . . . Commonwealth place-

Double jeopardy

Instruments. form of . . . . . . . .

Land-

certificates as to ownership of . .

Meaning of terms-

Authorised person . . . Authority . . . Commonweaith' piace . . . State . . . The applied provisions . . . The Commonwealth Act . . . The laws of the State . . . . . .

. .

. .

. .

. .

. .

. . . . . . . . .

. . . . . . . . .

. . . . . .

. . .

. .

s . 2 . . . 1 . . .

13 (3) . . . 5 3

7

6 2

4 5

4 11 3

8

9

13

. . . . . . . . . . . .

3

. . . . . . . .

. . .

. . . . . . . . .

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. . .

Page

1 1 4

3 1 3

3 1 2 3

2 3 2

3

3

4

4 1 2 2 2 2 2

(9)

8 INDEX

Proceedings-

continuance of, where place not a Commonwealth place on certain appeals . . .

Savings . . .

Short title of Act . . . State-

meaning of term . . .

The applied provisions- The Commonwealth Act- The laws of the State-

meaning of term . . . . . . . . . . . . . . meaning of term . . . arrangements with the Commonwealth . . . causes of action under . . . double jeopardy for offence under . . . objection not allowable when 'two offences charged . . . . reference in, to conviction, punishment, penalty etc. . . . . validation of certain acts done under . . .

meaning of term . . .

Validation of certain acts

. . s. 11

, . 12

/

. . 14

. . 1

. . 3

3 . .

. . 3

4 6 . .

. . . . . .

. . . . . " . . .

. . 8 ( 1 ) . . . .

3 . . . 10 . . . 8 ( 2 ) . . . . 7 . . .

Page

3

A

4 1 2

3

6455 I-By Authority: S. R. HAMPSON, Government Printer, Queensland

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