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1970. ArLiquors and

No. 966. An Act to authorise the Railways Commissioner to take possession of certain portions

of the Adelaide Gaol Reserve, the Adelaide Park Lands, and the Sewers Yard adjoining the Adelaide and Nairne Railway, and to construct a Railway and Railway

Works thereon, and for other purposes. [Assented to, December 23rd, 1908.] No. 967. An Act to declare the Main Roads Schedules.

[Assented to, December 23rd, 1908.] No. 968. An Act to consolidate and amend the Luw relating to the Sale of Food and Drugs.

[Assented to, December 23rd, 1908.] No. 969. An Act to amend the Taxation Acts, and for other purposes.

[Assented to, December 23rd, 1908.] No. 970. An Act to consolidate and amend the Laws relating to the Supplying of Intoxicating

Liquors and the Exercise of Local Option with regard thereto, and the Licensing of
Billiard and Bagatelle Tables, and for other purposes.

[Assented to, December 23rd, 1908.] No. 971. An Act to amend and codify the Electoral Laws.

(Assented to, December 23rd, 1908.] No. 972. An Act to authorise the Treasurer to raise Moneys to the amount of Two Millions Four

Hundred and Sixty-three Thousand Pounds for various Public Works, and for other purposes.

[Assented to, December 23rd, 1908.] No. 973. An Act for the Further Appropriation of the Revenue for the Year ended June Thirtieth,

One Thousand Nine Hundred and Eight, and for the General Appropriation of the
Revenue for the Year ending June Thirtieth, One Thousand Nine Hundred and
Nine.

[Assented to, December 23rd, 1908.]

[graphic][subsumed][subsumed][merged small]

EDWARDI VII REGIS.

A.D. 1907.

*********************************************************

No. 946.

An Act to Surrender the Northern Territory of the State

of South Australia to the Commonwealth of Aus-
tralia, and for other purposes ; and to Approve
and Provide for Carrying Out an Agreement for
such Surrender and other purposes entered into
between the Governments of the said Common-
wealth and the said State.

[Reserved, December 21st, 1907.

Royal Assent proclaimed, May 14th, 1908.
HEREAS the Governments of the Commonwealth of Australia Preamble.

and the State of South Australia have entered into the Agreement set out in the Schedule, subject to approval by the Parliaments of the said Commonwealth and the said State: And whereas it is desirable to approve and ratify and to provide for carrying out the said Agreement, and on the terms and conditions thereof to surrender the said Territory to the said Commonwealth—Be it therefore Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

Division.

1. This Act is divided into Parts, as follows:

PART 1.—Introductory.
Part 11.— Approval and Ratification of the Agreement and

Surrender of the Territory.
PART u.
DIVISION 1.- Sale of Port Augusta Railway to and

Consent to Construction of Railways by the Com

monwealth :
Division 11.—Incorporation.

PART

The Northern Territory Surrender Act.—1907.

PART 1.

PART 1.

INTRODUCTORY. 2. This Act may be cited as ". The Northern Territory Surrender Act, 1907.”

Short title.

Act to bind thu

3. This Act shall bind the Crown.

Crown.

Commencement.

4. This Act shall come into force on a day to be fixed by Proclamation.

Interpretation.

5. In this Act, unless the contrary intention appears-
“ The Agreement” means the Agreement set out in the

Schedule :
“The Commissioner" means the South Australian Railways

Commissioner: “ The Commonwealth " means the Commonwealth of Australia: “ Government” means the Government of the State, and in

respect of the railways of the State includes the Com

missioner: “ The Northern Territory” means so much of the State of South

Australia as lies to the northward of the twenty-sixth parallel of south latitude and between the one hundred and twenty-ninth and one hundred and thirty-eighth degrees of east longitude, together with the bays and gulfs therein, and all and every the islands adjacent to any part of the main land within such limits as aforesaid, with their rights,

members, and appurtenances: “ The Palmerston and Pinc Creek Railway” means the rail

way authorised to be made and maintained pursuant to

the “ Palmerston and Pine Creek Railway Act, 1883":'. “ Part” means Part of this Act: “ The Port Augusta Railway ” means the railway from Port

Augusta to Oodnadatta authorised to be made and maintained pursuant to Acts No. 26 of 1876, No. 226 of 1881,

No. 281 of 1883, and No. 413 of 1887. “ Proclamation ” means Proclamation by the Governor pub

lished in the Gazetle :
“Public Service ” includes Railway Service:
“ South Australia Proper" means South Australia, not includ.

ing the Northern Territory :
“ The State” means the State of South Australia.

means

PART The Northern Territory Surrender Act.—1907.

PART II. PART 11. APPROVAL AND RATIFICATION OF THE AGREEMENT

AND SURRENDER OF THE TERRITORY. 6. The Agreement is hereby approved and ratified.

Ratification of

Agreement. 7. The Northern Territory is hereby surrendered to the Com- Surrender of the monwealth in accordance with the Agreement. Such surrender is Ter subject to all freehold, leasehold, or other estates or interests in or agreements, securities, or rights in respect of land within the said Territory in existence at the time of the acceptance of such surrender by the Commonwealth.

Without limitation of the effect of such general words, such surrender includes the Palmerston and Pine Creek Railway and all the State's right, title, interest in, and control of, all State rcal and personal property and privileges in the said Territory (except moneys held by or on behalf of or to the credit of, or due or accruing due to, the State, at the date of the acceptance of such surrender), whether held by or vested in the Crown, or by or in any Commissioner, authority, or person, or otherwise, for State purposes.

Such surrender is subject to all freehold, leasehold, or other estates or interests in or agreements, securities, or rights in respect of land within the said Territory in existence at the time of the acceptance of such surrender by the Commonwealth.

8. On the acceptance of such surrender by the Commonwealth, Government the Government Resident and all other officers and persons in the

sond norons in the Resident and other

and persons m e officers to cease to be Public Service of the State of South Australia whose salaries or in service of State. other remuneration are provided for on the Estimates of Expenditure for the Northern Territory for the year 1907-8 may be transferred by and as from a date prescribed by Proclamation to the service of the Commonwealth, and on such transfer shall cease to be officers in the Public Service of the State of South Australia.

Any such officer who is not transferred to the service of the Com. monwealth shall, unless he is appointed to some other office of equal emolument in the Public Service of the State, be entitled to receive · from the State, in addition to any retiring allowance to which he may be entitled under the “ Civil Service Amendment Act, 1881," any compensation payable under the law of the State on abolition of his office.

The provisions of section 84 of the Commonwealth Constitution Act as to transferred officers shall apply to any officer who is under this Act transferred to the service of the Commonwealth as if he were an officer retained in the service of the Commonwealth within the meaning of that section.

PART

The Northern Territory Surrender Act.—1907.

PART 111.

10. Subject to the provisions of this Act, and the Agreement, and

of the Acts incorporated with this Act, the Commonwealth-

1. For the purpose of carrying out, in accordance with the Agree

ment, its undertaking to construct or cause to be con.

structed the Transcontinental Railway line from Port

Darwin southwards to a point on the Port Augusta Rail-

way, may construct, or cause to be constructed, as part

of such Transcontinental Railway, a railway in South

Australia proper from a point on the Port Augusta Rail-

way, to connect at a point on the northern boundary of

South Australia proper with the part of such Transcon-

tinental Railway to be constructed from Port Darwin

southwards to such point, with all proper stations,

approaches, works, and conveniences connected therewith

and necessary therefor, and may maintain and work such

railway when constructed :

11. May construct, or authorise the construction of, or cause to

be constructed, a railway westerly from any point on the

Port Augusta Railway through South Australia proper

to any point on the western boundary line of South

Australia proper, by a route to be determined by the

Parliament of the Commonwealth, with all proper stations,

approaches, works, conveniences connected therewith and

necessary therefor, and may maintain and work such

railway when constructed :

111. So far as may be necessary for the purposes of construction

of the railways to the construction of which the State

hereby consents, but subject to the provisions of and

without limitation of the powers conferred by the Acts

incorporated herewith, may-

(a) Make or cause to be made surveys of the route of

such railways:

(6) Compulsorily purchase, take, or acquire lands.

DIVISION

l'ower to make
surveys of routes, &c.

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