Mr PALMER - 1995-08-16
Mr PALMER (Transport and Works): Mr Speaker, during Question Time yesterday, I undertook to provide an answer to a question put to me by the member for Nelson in relation to Thorngate and Campbell Roads and the Robertson Army Barracks.
The question asked was twofold. Firstly, the member for Nelson wanted to know whether the roads within Robertson Army Barracks, now open 24 hours a day and used by both members of the armed forces and the public, are subject to the laws of the Northern Territory. The second part of her question was whether the laws of the Northern Territory apply to the roads leading to Robertson Army Barracks, namely Thorngate and Campbell Roads. The short answer to both questions is yes.
Thorngate and Campbell Roads, which provide access to the Robertson Army Barracks, are both public streets within the meaning of the Motor Vehicles Act and the Traffic Act. Both acts are valid laws in the Northern Territory, and I will qualify what I mean by `valid'. Section 5 of the Commonwealth's Northern Territory (Self-Government) Act 1978 established the Northern Territory as a body politic under the name `Northern Territory of Australia'. Section 6 of the said act gave the Legislative Assembly of the Northern Territory power, subject to the assent of the Administrator or the Governor-General, to make laws for the peace, order and good government of the Territory. This means that the Motor Vehicles Act and the Traffic Act are valid laws in the Northern Territory. Thus, any person who uses Thorngate and Campbell Roads is subject to the applicable provisions of that legislation regardless, I might say, of their reasons for using those roads.
I move now to the first part of the question. Robertson Army Barracks is a public place within the meaning of the Motor Vehicles Act and the Traffic Act and, as such, the applicable laws of the Northern Territory, such as the Motor Vehicles Act and the Traffic Act, apply. This was resolved in a landmark case in the High Court of Australia which held that the Northern Territory Traffic Act does apply to places in the Northern Territory acquired for common law purposes, such as Robertson Army Barracks or, indeed, the Royal Australian Air Force Base, Darwin. The effect of this High Court decision means that the Territory legislature can validly make laws extending to Commonwealth land within the Territory - in
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this case, Robertson Army Barracks - provided, of course, that these laws are not inconsistent with Commonwealth laws on the subject. The case I refer to is the matter of Svikart v Stewart, which was heard by the Full Bench of the High Court of Australia on 7 December 1993. I will read a brief excerpt of an opinion in relation to that. Section 52(1) of the Australian Constitution provides that:
The Commonwealth parliament has exclusive powers to make laws in certain places acquired by the
Commonwealth. In its decision, the High Court has now interpreted section 52(1) of the Constitution as being
in relation to the states only, so the exclusive powers do not extend to places acquired in the Territory by
the Commonwealth. As a consequence of the High Court decision, the Traffic Act does apply to the Darwin RAAF
Base and, as such, drivers who drive vehicles on public streets on the RAAF Base are subject to the provisions
of the Northern Territory Traffic Act and Motor Vehicles Act. Any property acquired by the
Commonwealth in the Northern Territory may now be subject to Territory laws where such laws are not
inconsistent with federal laws. The laws, including traffic, motor vehicles, planning and building, may now
need to be complied with where previously compliance was not needed.
I trust that this clarifies the issues for the member for Nelson and other members who are keenly interested in this subject.
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The question asked was twofold. Firstly, the member for Nelson wanted to know whether the roads within Robertson Army Barracks, now open 24 hours a day and used by both members of the armed forces and the public, are subject to the laws of the Northern Territory. The second part of her question was whether the laws of the Northern Territory apply to the roads leading to Robertson Army Barracks, namely Thorngate and Campbell Roads. The short answer to both questions is yes.
Thorngate and Campbell Roads, which provide access to the Robertson Army Barracks, are both public streets within the meaning of the Motor Vehicles Act and the Traffic Act. Both acts are valid laws in the Northern Territory, and I will qualify what I mean by `valid'. Section 5 of the Commonwealth's Northern Territory (Self-Government) Act 1978 established the Northern Territory as a body politic under the name `Northern Territory of Australia'. Section 6 of the said act gave the Legislative Assembly of the Northern Territory power, subject to the assent of the Administrator or the Governor-General, to make laws for the peace, order and good government of the Territory. This means that the Motor Vehicles Act and the Traffic Act are valid laws in the Northern Territory. Thus, any person who uses Thorngate and Campbell Roads is subject to the applicable provisions of that legislation regardless, I might say, of their reasons for using those roads.
I move now to the first part of the question. Robertson Army Barracks is a public place within the meaning of the Motor Vehicles Act and the Traffic Act and, as such, the applicable laws of the Northern Territory, such as the Motor Vehicles Act and the Traffic Act, apply. This was resolved in a landmark case in the High Court of Australia which held that the Northern Territory Traffic Act does apply to places in the Northern Territory acquired for common law purposes, such as Robertson Army Barracks or, indeed, the Royal Australian Air Force Base, Darwin. The effect of this High Court decision means that the Territory legislature can validly make laws extending to Commonwealth land within the Territory - in
Page 716
this case, Robertson Army Barracks - provided, of course, that these laws are not inconsistent with Commonwealth laws on the subject. The case I refer to is the matter of Svikart v Stewart, which was heard by the Full Bench of the High Court of Australia on 7 December 1993. I will read a brief excerpt of an opinion in relation to that. Section 52(1) of the Australian Constitution provides that:
The Commonwealth parliament has exclusive powers to make laws in certain places acquired by the
Commonwealth. In its decision, the High Court has now interpreted section 52(1) of the Constitution as being
in relation to the states only, so the exclusive powers do not extend to places acquired in the Territory by
the Commonwealth. As a consequence of the High Court decision, the Traffic Act does apply to the Darwin RAAF
Base and, as such, drivers who drive vehicles on public streets on the RAAF Base are subject to the provisions
of the Northern Territory Traffic Act and Motor Vehicles Act. Any property acquired by the
Commonwealth in the Northern Territory may now be subject to Territory laws where such laws are not
inconsistent with federal laws. The laws, including traffic, motor vehicles, planning and building, may now
need to be complied with where previously compliance was not needed.
I trust that this clarifies the issues for the member for Nelson and other members who are keenly interested in this subject.
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Last updated: 09 Aug 2016