The Australian Capital Territory Legislative Assembly was established by the Australian Capital Territory Ordinance No 24 of 1974 under the Seat of Government Act 1910-1973. Sections 1, 2, 14 and 15 of the Ordinance came into operation on 17 July 1974 this being the date of notification of the Ordinance in the Gazette, and the remaining Sections including that which established the Assembly, came into operation on 1 October 1974 (Australian Government Gazette No. 28 of 24 September 1974). The Legislative Assembly replaced the Australian Capital Territory Advisory Council (CA 491).

The Legislative Assembly consists of nine members from each of the two Australian Capital Territory electorates - ie Canberra and Fraser. Election of candidates was held on 28 September 1974 and the results announced on 11 October 1974 (Australian Government Gazette No 83B of 11 October 1974). The candidates elected to represent the Division of Canberra were:

James Willoughby Leedman
Roslyn Joan Kelly
Ian Howard Black
Peter Dalton Hughes
James Harold Pead
Gordon John Walsh
Timothy Randall McGhie
Raymond Francis Sanders
Maureen Gertrude Theresa Worsley

The candidates elected to represent the Division of Fraser were:
Trevor Thomas Kaine
Susan Maree Ryan
Alan Duncan Fraser
Gregory Caine Cornwell
Ronald Peter Vallee
Warren Wilson Lennon
Ivor Francis Vivian
Harold James Hird
Frederick James McCauley

The first meeting of the Legislative Assembly was on 28 October 1974. The representatives are elected to hold office for a period of three years. Collation of valid votes is based on the Australian Senate electoral system of optional preferential-proportional representation. The Chairman of the Assembly has a casting vote, and as for the Australian Senate, a question is resolved in the negative if the vote is tied. Quorum requirements for the Assembly to be constituted, are 10 members of the 18 members to be present when sitting.

An amendment to the ACT Legislative Assembly Ordinance, (Cited in Ordinance 24 of 1974: The Legislative Assembly Ordinance 1936-1974) on 25 September 1974, allowed the Assembly to make its own rules on procedure, as no such authority existed. This was required as debates to Parliamentary standard were to be conducted, unlike the previous representative body the ACT Advisory Council. (CA 491).

The structure of the Australian Capital Territory Legislative Assembly is designed for formulation of its power through the evaluation process. The Australian Capital Territory Legislative Assembly has no legal function to make or enact laws. Its role under Sections 10 and 14 of the Legislative Assembly Ordinance 1936-1974 is to advise the Minister of State for the Capital Territory in matters relating to the ACT. The Minister of State for the Capital Territory has the right to submit to the Assembly for consideration any proposals for the making, amendment or repeal of any Ordinance. There is no legal requirement for this to be done.

The Australian Capital Territory Legislative Assembly has also to reflect on Section 52 of the Constitution of Australia.

"This Parliament shall, subject to this constitution, have exclusive power to make laws for the peace, order and good government of the Commonwealth with regard to:-
(1) The Seat of Government of the Commonwealth and all places acquired by the Government for public purposes."

The functions and powers to be delegated to the ACT Legislative Assembly have been reviewed by the Parliamentary Joint Committee on the Australian Capital Territory which was established on 25 November 1969.

On 25 November 1978, a referendum of electors resident in Canberra was held on the subject of self-government for the Australian Capital Territory, excluding Jervis Bay since it "occupied a special place in the range of the Government's responsibilities and the Government did not consider it appropriate that it should be subject to any self- government arrangements which might be made for ACT". (Press Statement, 20/10/78 by the Minister for the Capital Territory, Mr R. Ellicott).
The referendum gave opportunity for preferential voting for two self- government options and one option for no change. One self-government proposal was for the ACT to have similar rights to a State (except for Health and Education and some Attorney-General's functions, to be given to the Territory after 5 years). The other was to give the ACT a body that would, broadly speaking, do only those things that local councils do elsewhere in Australia. In the event, it was decided at the referendum that administration of the ACT should remain unchanged. The House of Assembly Ordinance 1979 which changed the name of the Legislative Assembly to House of Assembly was notified in the Gazette on 23 April 1979. (Commonwealth of Australia Gazette, No. S71, 23 April 1979). The first election of members to the House of Assembly was held on 2 June 1979.

The Australian Capital Territory House of Assembly was established by ACT Ordinance No.9 of 1979, under the Seat of Government
(Administration) Act 1910. Sections 1,2,3,5,14 and 15 of the Ordinance came into force on 23 April 1979, the date of notification of the Ordinance in the Commonwealth Gazette (No. S71 of 23 April 1979). The remaining provisions came into operation on 2 June 1979, the date of the first election of members to the House.

The House of Assembly replaced the ACT Legislative Assembly (CA 2027), but no changes were made to the "composition, size of membership or fundamental role" of the Legislative Assembly (Minister for the Capital Territory Press Release, 2 March 1979). The change was essentially one of title only.

The function of the House of Assembly is to "advise the Minister on any matter affecting the Territory, including the making of new ordinances or the repeal or amendment of existing ordinances". (Canberra Times, 3 March 1979, p. 1 ) It has no legal function to make or enact laws. The Minister of State for the Capital Territory may submit to the House for consideration any proposals for the making, amendment or repeal of any ordinance, but there is no legal
requirement for this to be done. The House is bound by Section 52 of the Australian Constitution:

"This Parliament shall, subject to this constitution, have exclusive power to make laws for the peace, order and good Government of the Commonwealth with regard to :-

1) The Seat of Government of the Commonwealth and all places required by the Government for public purpose."

The House has 18 members: 9 from the Division of Fraser and 9 from the Division of Canberra. Members are elected for 3 year terms, using the Australian Senate electoral system. The President of the House, elected by the members , has a casting vote; and questions are resolved in the negative if a vote is tied. Ten members are required for a quorum (ACT Ordinance No. 24 of 1973). Debates are conducted to Parliamentary standards and ACT Ordinance No. 36 of 1974 allows the House to make its own rules and procedure.

The House of Assembly derived from a referendum on self-government for the ACT, held on 25 November 1978 after sustained agitation for constitutional change. The referendum was confined to Capital electors and excluded the Jervis Bay Territory as it
"occupied a special place in the range of the Government's responsibilities and the Government did not consider it appropriate that it should be subject to any self-government arrangements which might be made for the ACT."
(Minister for the Capital Territory Press Release 20 October 1978)
The referendum allowed preferential voting for 2 self-government options and one for no change. The first self-government proposal offered the ACT rights similar to those of the States, except for Health, Education and some functions of the Attorney-General - which would be given after 5 years. The financial basis of this option was not made clear. The second option was for a form of municipal or local government. The third option for retaining the status quo, was strongly supported (63.5%), resulting in the only major change to the Assembly's title.

The first election for the House of Assembly were held on 2 June 1979 and the results were published in Commonwealth Gazette No. S113 of 23 June 1979. The candidates elected to represent the Division of Fraser were:
Peter Vallee
Gregory Gane Cornwell
Harold James Hird
Marcus Laurence Robinson
John Michael Clements
Peter Robertson Christie
Donald Anthony Webb
Ivor Francis Vivian
Thomas Wilbur Washington Pye

The Candidates elected to represent the Division of Canberra were:
Kenneth Robert Doyle
James Willoughby Leedman
Maurene Horder
Elizabeth Grant
Robyn Lyn Walmsley
Paul Russell Whalan
Beverly Mary Evelyn Cains
Gordon John Walsh
James Harold Pead

The first meeting of the House of Assembly was held on 29 June 1979, when Peter Vallee was elected President.