TERRITORIES LEGISLATION AMENDMENT BILL 2020

2019-2020

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

Territories Legislation Amendment Bill

2020

No. , 2020

(Infrastructure, Transport, Regional Development and Communications)

A Bill for an Act to amend the law relating to

Territories, and for related purposes

No. , 2020

Territories Legislation Amendment Bill 2020

Contents

Short title ........................................................................................... 1

Commencement ................................................................................. 1

Schedules ........................................................................................... 3

Schedule 1--Amendments of Territory Acts

Part 1--Applied laws, delegations and other matters

Division 1--Amendments

Christmas Island Act 1958

Cocos (Keeling) Islands Act 1955

Norfolk Island Act 1979

Division 2--Application, saving and transitional provisions

Part 2--Jurisdiction of Norfolk Island courts

Division 1--Main amendments

Norfolk Island Act 1979

Division 2--Consequential amendments

Coral Sea Islands Act 1969

Criminal Code Act 1995

Designs Act 2003

Environment Protection (Sea Dumping) Act 1981

Fisheries Management Act 1991

Olympic Insignia Protection Act 1987

Patents Act 1990

Trade Marks Act 1995

Division 3--Application, saving and transitional provisions

Part 3--Supreme Court of Norfolk Island

Division 1--Amendments

Norfolk Island Act 1979

Division 2--Application, saving and transitional provisions

Schedule 2--Amendments of Treasury Acts

Part 1--Acts administered by ASIC

Division 1--Acts administered by ASIC: amendments

Territories Legislation Amendment Bill 2020

No. , 2020

ASIC Supervisory Cost Recovery Levy Act 2017

ASIC Supervisory Cost Recovery Levy (Collection) Act 2017

Australian Securities and Investments Commission Act 2001

Corporations Act 2001

National Consumer Credit Protection Act 2009

Division 2--Acts administered by ASIC: application, saving and

transitional provisions

Australian Securities and Investments Commission Act 2001

Corporations Act 2001

National Consumer Credit Protection (Transitional and

Consequential Provisions) Act 2009

Part 2--Other Treasury Acts

Competition and Consumer Act 2010

Cross-Border Insolvency Act 2008

Part 3--Contingent amendments

National Consumer Credit Protection Act 2009

Schedule 3--Amendments of Attorney-General's Department

Acts

Part 1--Bankruptcy

Division 1--Amendments

Bankruptcy Act 1966

Division 2--Application, saving and transitional provisions

Part 2--Freedom of information

Division 1--Amendments

Freedom of Information Act 1982

Division 2--Application, saving and transitional provisions

Part 3--Privacy

Division 1--Amendments

Privacy Act 1988

Division 2--Application, saving and transitional provisions

Part 4--Other Attorney-General's Department Acts

No. , 2020

Territories Legislation Amendment Bill 2020

iii

Division 1--Amendments

Administrative Decisions (Judicial Review) Act 1977

Criminal Code Act 1995

Division 2--Application, saving and transitional provisions

100

Schedule 4--Amendments of other Acts

101

Part 1--Broadcasting services

101

Division 1--Amendments

101

Broadcasting Services Act 1992

101

Division 2--Application, saving and transitional provisions

101

Part 2--Other Acts

103

Copyright Act 1968

103

Education Services for Overseas Students Act 2000

103

No. , 2020

Territories Legislation Amendment Bill 2020

A Bill for an Act to amend the law relating to

Territories, and for related purposes

The Parliament of Australia enacts:

1 Short title

This Act is the

Territories Legislation Amendment Act 2020

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Territories Legislation Amendment Bill 2020

No. , 2020

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1. Sections 1 to 3

and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Schedule 1,

Parts 1 and 2

The day after this Act receives the Royal

Assent.

3. Schedule 1,

Part 3

A single day to be fixed by Proclamation.

However, the Proclamation must not specify

a day that occurs before the later of:

(a) the first day on which no person holds

office as a Judge of the Supreme Court

of Norfolk Island; and

(b) the day a State or Territory is prescribed

by the regulations for the purposes of

subsection 60AA(1) of the

Norfolk

Island Act 1979

4. Schedule 2,

Part 1, Division 1

The later of:

(a) the first Monday to occur after the end of

the period of 6 months after the day this

Act receives the Royal Assent; and

(b) 2 August 2021.

5. Schedule 2,

Part 1, Division 2

The day after this Act receives the Royal

Assent.

6. Schedule 2,

Part 2

The day after this Act receives the Royal

Assent.

7. Schedule 2,

Part 3

The later of:

(a) immediately after the commencement of

the provisions covered by table item 4;

and

(b) immediately after the commencement of

Schedule 2 to the

Federal Circuit and

Family Court of Australia

(Consequential Amendments and

Transitional Provisions) Act 2020

However, the provisions do not commence

at all if the event mentioned in paragraph (b)

No. , 2020

Territories Legislation Amendment Bill 2020

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

does not occur.

8. Schedule 3,

Part 1

The later of:

(a) the first Monday to occur after the end of

the period of 6 months after the day this

Act receives the Royal Assent; and

(b) 2 August 2021.

9. Schedule 3,

Parts 2 and 3

A day or days to be fixed by Proclamation.

However, if any of the provisions do not

commence within the period of 6 months

beginning on the day this Act receives the

Royal Assent, they commence on the day

after the end of that period.

10. Schedule 3,

Part 4

The day after this Act receives the Royal

Assent.

11. Schedule 4,

Part 1

The day after the end of the period of 6

months beginning on the day this Act

receives the Royal Assent.

12. Schedule 4,

Part 2

The day after this Act receives the Royal

Assent.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Schedules

Legislation that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

Schedule 1

Amendments of Territory Acts

Part 1

Applied laws, delegations and other matters

Territories Legislation Amendment Bill 2020

No. , 2020

Schedule 1--Amendments of Territory Acts

Part 1--Applied laws, delegations and other matters

Division 1

--Amendments

Christmas Island Act 1958

1 Subsection 4(1)

Insert:

amended

: for when an applied Western Australian law is

amended

see subsection 8GA(4).

applied Western Australian law

means a Western Australian law

as in force in the Territory under section 8A.

authority

includes a body corporate, or an unincorporated body,

established for a public purpose.

2 Subsection 4(1) (definition of

jurisdiction

)

Omit "or functions".

3 Subsection 4(1)

Insert:

power

includes a function or duty, and, in that context

exercise

means perform.

Western Australian law

: see subsection 8A(6).

4 Section 7

Omit "On", substitute "(1) On".

5 Paragraph 7(d)

Repeal the paragraph, substitute:

(d) applied Western Australian laws.

6 At the end of section 7

Add:

Amendments of Territory Acts

Schedule 1

Applied laws, delegations and other matters

Part 1

No. , 2020

Territories Legislation Amendment Bill 2020

(2) To avoid doubt, subsection (1) does not prevent any other law,

including a law of a State, from applying in the Territory of its own

force.

7 Subsection 8A(1)

Omit "the provisions of the law of Western Australia (whether made

before or after this section's commencement) as in force in Western

Australia from time to time", substitute "Western Australian laws".

8 At the end of subsection 8A(1)

Add:

Note:

A Western Australian law as in force in the Territory under this

section is an

applied Western Australian law

(see the definition in

subsection 4(1)).

9 Subsection 8A(6)

Repeal the subsection, substitute:

(6) A

Western Australian law

(a) is a law in force in Western Australia from time to time; and

(b) includes a principle or rule of common law or equity that is

part of the law of Western Australia; and

(i) a Commonwealth Act or a provision of a

Commonwealth Act; or

(ii) an instrument (however described) made under a

Commonwealth Act, or a provision of such an

instrument.

10 Section 8G (heading)

Omit "

and functions

11 Subsections 8G(1) and (2)

Repeal the subsections, substitute:

(1) If, by an applied Western Australian law, a power is vested in:

(a) a Minister of Western Australia; or

(b) the Governor of Western Australia; or

Schedule 1

Amendments of Territory Acts

Part 1

Applied laws, delegations and other matters

Territories Legislation Amendment Bill 2020

No. , 2020

that power is, in relation to the Territory, vested in the Minister

instead of the person or authority mentioned in paragraph (a), (b)

or (c) of this subsection.

(2) If:

(a) by an applied Western Australian law, a power is vested in a

person (other than a court officer of Western Australia) or an

authority (other than a court of Western Australia); and

(b) subsection (1) does not apply to that power;

the power is, in relation to the Territory, vested in the Minister

instead of the person or authority mentioned in paragraph (a) of

this subsection.

(2A) To avoid doubt, a reference in subsection (1) or (2) to a power

vested in a person or authority by an applied Western Australian

law does not include a reference to a power so vested, whether

directly or indirectly, because of an Ordinance made for the

purposes of subsection 8A(2).

Note:

Under subsection 8A(2), an Ordinance may provide for the

incorporation, amendment or repeal of an applied Western Australian

law.

12 Paragraph 8G(3)(a)

Omit "specified".

13 Paragraph 8G(3)(b)

Omit "specified person", substitute "person or authority".

14 Subsections 8G(4) to (6)

Repeal the subsections, substitute:

(4) A direction or delegation under subsection (3) is subject to such

conditions as may be specified:

(a) in the direction or delegation; or

(b) in the case of a deemed direction under subsection (5A) or

(5B)--in writing, by the Minister.

(5) A person or authority in whom a power is vested by a direction

under paragraph (3)(a) may delegate the power, in writing, to

another person or authority:

(a) if authorised to do so by the direction; or

Amendments of Territory Acts

Schedule 1

Applied laws, delegations and other matters

Part 1

No. , 2020

Territories Legislation Amendment Bill 2020

(b) in the case of a deemed direction under subsection (5A) or

(5B)--if authorised to do so, in writing, by the Minister.

Deemed vesting of powers--Western Australian persons and

authorities exercising powers in Christmas Island

(5A) If a power is vested in the Minister under paragraph (1)(a) or

subsection (2), the Minister is taken to have directed under

paragraph (3)(a) that the power is also vested in another person or

authority in the circumstances that:

(a) the person or authority is subject to an arrangement under

section 8H and is:

(i) an officer or employee of Western Australia; or

(ii) an authority established by or under a Western

Australian law; or

(iii) an officer or employee of such an authority; and

(b) the power corresponds to a power that the person or authority

is authorised, under a Western Australian law, to exercise in,

or in a part of, Western Australia:

(i) whether in the person's or authority's own right; or

(ii) whether in the capacity of a delegate; or

(iii) whether in any other way.

Deemed vesting of powers--other persons and authorities

exercising powers in Christmas Island

(5B) If a power mentioned in column 1 of an item of the following table

is vested in the Minister under paragraph (1)(a) or subsection (2),

the Minister is taken to have directed under paragraph (3)(a) that

the power is also vested in a person or authority mentioned in

column 2 of the item.

Deemed vesting of powers--other persons and authorities exercising powers in

Christmas Island

Item

Column 1

Column 2

A power that corresponds to a power vested by a

Western Australian law in a police force

(however described)

The Australian Federal

Police

A power that corresponds to a power vested by a

Western Australian law in a police officer

A member or special

member of the

Schedule 1

Amendments of Territory Acts

Part 1

Applied laws, delegations and other matters

Territories Legislation Amendment Bill 2020

No. , 2020

Deemed vesting of powers--other persons and authorities exercising powers in

Christmas Island

Item

Column 1

Column 2

(however described) holding, occupying or

exercising the powers of a particular kind of

office or position

Australian Federal

Police holding,

occupying or

exercising the powers

of a corresponding

office or position in the

Territory

A power that corresponds to a power vested by a

Western Australian law in a body (a

local

government body

) responsible for local

government under such a law

The Christmas Island

Shire

A power that corresponds to a power vested by a

Western Australian law in a person holding,

occupying or exercising the powers of a particular

kind of office or position on or with a local

government body

A person holding,

occupying or

exercising the powers

of a corresponding

office or position on or

with the Christmas

Island Shire

A power that corresponds to a power, vested by a

Western Australian law, that is prescribed by an

Ordinance for the purposes of this item

A person or authority

prescribed by that

Ordinance

(6) The Minister may, in writing, direct that subsection (5A) or (5B)

does not apply to a specified power.

15 Subsection 8G(9)

Repeal the subsection, substitute:

(9) The validity of the exercise of a power under an applied Western

Australian law by a person or authority under this section is

unaffected by the failure of the person or authority to hold a

qualification required of a person or authority exercising that

power under a Western Australian law.

16 After subsection 8G(10)

Insert:

Amendments of Territory Acts

Schedule 1

Applied laws, delegations and other matters

Part 1

No. , 2020

Territories Legislation Amendment Bill 2020

(10A) Subject to any direction or delegation under this section, if a power

vested by an applied Western Australian law in a person or

authority (the

first mentioned person or authority

) is vested in

another person or authority under this section, each reference in

any applied Western Australian law to the first mentioned person

or authority is taken to include a reference to the other person or

authority.

17 Subsection 8G(12)

Repeal the subsection.

18 After section 8G

Insert:

8GA Applied Western Australian laws--effect of directions or

delegations

Scope

(1) This section applies if:

(a) the Minister directs, under paragraph 8G(3)(a), that all the

powers of a person or authority (the

first mentioned person

or authority

) under an applied Western Australian law are

vested in another person or authority; or

(b) the Minister delegates to a person or authority, under

paragraph 8G(3)(b), all the powers of a person or authority

(also the

first mentioned person or authority

) under an

applied Western Australian law; or

under subsection 8G(5), all of the powers of a person or

authority (also the

first mentioned person or authority

)

under an applied Western Australian law.

Addition of powers

(2) If:

(a) the applied Western Australian law is amended to give the

first mentioned person or authority one or more additional

powers under the law; and

(b) the direction or delegation is in force immediately before the

amendment takes effect;

Schedule 1

Amendments of Territory Acts

Part 1

Applied laws, delegations and other matters

Territories Legislation Amendment Bill 2020

No. , 2020

then, on and after the amendment taking effect, the direction or

delegation is taken to include the additional powers.

Alteration of powers

(3) If:

(a) the applied Western Australian law is amended to alter the

scope of one or more of the powers of the first mentioned

person or authority under the law; and

(b) the direction or delegation is in force immediately before the

amendment takes effect;

then, on and after the amendment taking effect, the direction or

delegation is taken to include the powers as altered.

Amendments of applied Western Australian laws

(4) An applied Western Australian law is

amended

if:

(a) the law is amended by an Ordinance; or

(b) the corresponding Western Australian law is amended.

19 Subsection 8H(2)

Omit "or the performance of functions or duties".

20 Paragraphs 8H(2)(b) and (c)

Omit "(within the meaning of section 8G)", substitute "established

under a Western Australian law".

21 Paragraph 10D(1A)(b)

Omit "a Western Australian law as in force in the Territory under

section 8A", substitute "an applied Western Australian law".

22 Paragraph 11A(b)

Omit "or duty".

23 Paragraph 11A(b)

Omit "or the performance of that duty".

24 Paragraph 14E(c)

Omit "or power".

Amendments of Territory Acts

Schedule 1

Applied laws, delegations and other matters

Part 1

No. , 2020

Territories Legislation Amendment Bill 2020

25 Subparagraphs 14E(d)(i) and (ii) and (e)(i) and (ii)

Omit "and functions".

26 After section 22

Insert:

22A Ordinances--incorporation of matters by reference

(1) Despite subsection 14(2) of the

Legislation Act 2003

, an

Ordinance, or a law made under such an Ordinance, may make

provision in relation to a matter by applying, adopting or

incorporating, with or without modification, a provision of a

Western Australian law (whether or not the law is an applied

Western Australian law), as in force at a particular time or as in

force from time to time.

(2) Subsection (1) applies to a provision of a Western Australian law

that is not an Act of the Western Australian Parliament only if the

provision is subject to disallowance (however described) in

Western Australia.

Cocos (Keeling) Islands Act 1955

27 Subsection 4(1)

Insert:

amended

: for when an applied Western Australian law is

amended

see subsection 8GA(4).

applied Western Australian law

means a Western Australian law

as in force in the Territory under section 8A.

authority

includes a body corporate, or an unincorporated body,

established for a public purpose.

28 Subsection 4(1) (definition of

jurisdiction

)

Omit "or functions".

29 Subsection 4(1)

Insert:

Schedule 1

Amendments of Territory Acts

Part 1

Applied laws, delegations and other matters

Territories Legislation Amendment Bill 2020

No. , 2020

power

includes a function or duty, and, in that context,

exercise

means perform.

Western Australian law

: see subsection 8A(6).

30 Section 7A

Omit "On", substitute "(1) On".

31 Paragraph 7A(d)

Repeal the paragraph, substitute:

(d) applied Western Australian laws.

32 At the end of section 7A

Add:

(2) To avoid doubt, subsection (1) does not prevent any other law,

including a law of a State, from applying in the Territory of its own

force.

33 Subsection 8A(1)

Omit "the provisions of the law of Western Australia (whether made

before or after this section's commencement) as in force in Western

Australia from time to time", substitute "Western Australian laws".

34 At the end of subsection 8A(1)

Add:

Note:

A Western Australian law as in force in the Territory under this

section is an

applied Western Australian law

(see the definition in

subsection 4(1)).

35 Subsection 8A(6)

Repeal the subsection, substitute:

(6) A

Western Australian law

(a) is a law in force in Western Australia from time to time; and

(b) includes a principle or rule of common law or equity that is

part of the law of Western Australia; and

(i) a Commonwealth Act or a provision of a

Commonwealth Act; or

Amendments of Territory Acts

Schedule 1

Applied laws, delegations and other matters

Part 1

No. , 2020

Territories Legislation Amendment Bill 2020

(ii) an instrument (however described) made under a

Commonwealth Act, or a provision of such an

instrument.

36 Section 8G (heading)

Omit "

and functions

37 Subsections 8G(1) and (2)

Repeal the subsections, substitute:

(1) If, by an applied Western Australian law, a power is vested in:

(a) a Minister of Western Australia; or

(b) the Governor of Western Australia; or

that power is, in relation to the Territory, vested in the Minister

instead of the person or authority mentioned in paragraph (a), (b)

or (c) of this subsection.

(2) If:

(a) by an applied Western Australian law, a power is vested in a

person (other than a court officer of Western Australia) or an

authority (other than a court of Western Australia); and

(b) subsection (1) does not apply to that power;

the power is, in relation to the Territory, vested in the Minister

instead of the person or authority mentioned in paragraph (a) of

this subsection.

(2A) To avoid doubt, a reference in subsection (1) or (2) to a power

vested in a person or authority by an applied Western Australian

law does not include a reference to a power so vested, whether

directly or indirectly, because of an Ordinance made for the

purposes of subsection 8A(2).

Note:

Under subsection 8A(2), an Ordinance may provide for the

incorporation, amendment or repeal of a law in force in the Territory

under section 8A.

38 Paragraph 8G(3)(a)

Omit "specified".

Schedule 1

Amendments of Territory Acts

Part 1

Applied laws, delegations and other matters

Territories Legislation Amendment Bill 2020

No. , 2020

39 Paragraph 8G(3)(b)

Omit "specified person", substitute "person or authority".

40 Subsections 8G(4) to (6)

Repeal the subsections, substitute:

(4) A direction or delegation under subsection (3) is subject to such

conditions as may be specified:

(a) in the direction or delegation; or

(b) in the case of a deemed direction under subsection (5A) or

(5B)--in writing, by the Minister.

(5) A person or authority in whom a power is vested by a direction

under paragraph (3)(a) may delegate the power, in writing, to

another person or authority:

(a) if authorised to do so by the direction; or

(b) in the case of a deemed direction under subsection (5A) or

(5B)--if authorised to do so, in writing, by the Minister.

Deemed vesting of powers--Western Australian persons and

authorities exercising powers in Cocos (Keeling) Islands

(5A) If a power is vested in the Minister under paragraph (1)(a) or

subsection (2), the Minister is taken to have directed under

paragraph (3)(a) that the power is also vested in another person or

authority in the circumstances that:

(a) the person or authority is subject to an arrangement under

section 8H and is:

(i) an officer or employee of Western Australia; or

(ii) an authority established by or under a Western

Australian law; or

(iii) an officer or employee of such an authority; and

(b) the power corresponds to a power that the person or authority

is authorised, under a Western Australian law, to exercise in,

or in a part of, Western Australia:

(i) whether in the person's or authority's own right; or

(ii) whether in the capacity of a delegate; or

(iii) whether in any other way.

Amendments of Territory Acts

Schedule 1

Applied laws, delegations and other matters

Part 1

No. , 2020

Territories Legislation Amendment Bill 2020

Deemed vesting of powers--other persons and authorities

exercising powers in Cocos (Keeling) Islands

(5B) If a power mentioned in column 1 of an item of the following table

is vested in the Minister under paragraph (1)(a) or subsection (2),

the Minister is taken to have directed under paragraph (3)(a) that

the power is also vested in a person or authority mentioned in

column 2 of the item.

Deemed vesting of powers--other persons and authorities exercising powers in

Cocos (Keeling) Islands

Item

Column 1

Column 2

A power that corresponds to a power vested by a

Western Australian law in a police force

(however described)

The Australian Federal

Police

A power that corresponds to a power vested by a

Western Australian law in a police officer

(however described) holding, occupying or

exercising the powers of a particular kind of

office or position

A member or special

member of the

Australian Federal

Police holding,

occupying or

exercising the powers

of a corresponding

office or position in the

Territory

A power that corresponds to a power vested by a

Western Australian law in a body (a

local

government body

) responsible for local

government under such a law

The Cocos (Keeling)

Islands Shire

A power that corresponds to a power vested by a

Western Australian law in a person holding,

occupying or exercising the powers of a particular

kind of office or position on or with a local

government body

A person holding,

occupying or

exercising the powers

of a corresponding

office or position on or

with the Cocos

(Keeling) Islands Shire

A power that corresponds to a power, vested by a

Western Australian law, that is prescribed by an

Ordinance for the purposes of this item

A person or authority

prescribed by that

Ordinance

(6) The Minister may, in writing, direct that subsection (5A) or (5B)

does not apply to a specified power.

Schedule 1

Amendments of Territory Acts

Part 1

Applied laws, delegations and other matters

Territories Legislation Amendment Bill 2020

No. , 2020

41 Subsection 8G(9)

Repeal the subsection, substitute:

(9) The validity of the exercise of a power under an applied Western

Australian law by a person or authority under this section is

unaffected by the failure of the person or authority to hold a

qualification required of a person or authority exercising that

power under a Western Australian law.

42 After subsection 8G(10)

Insert:

(10A) Subject to any direction or delegation made under this section, if a

power vested by an applied Western Australian law in a person or

authority (the

first mentioned person or authority

) is vested in

another person or authority under this section, each reference in

any applied Western Australian law to the first mentioned person

or authority is taken to include a reference to the other person or

authority.

43 Subsection 8G(12)

Repeal the subsection.

44 After section 8G

Insert:

8GA Applied Western Australian laws--effect of directions or

delegations

Scope

(1) This section applies if:

(a) the Minister directs, under paragraph 8G(3)(a), that all the

powers of a person or authority (the

first mentioned person

or authority

) under an applied Western Australian law are

vested in another person or authority; or

(b) the Minister delegates to a person or authority, under

paragraph 8G(3)(b), all the powers of a person or authority

(also the

first mentioned person or authority

) under an

applied Western Australian law; or

Amendments of Territory Acts

Schedule 1

Applied laws, delegations and other matters

Part 1

No. , 2020

Territories Legislation Amendment Bill 2020

under subsection 8G(5), all of the powers of a person or

authority (also the

first mentioned person or authority

)

under an applied Western Australian law.

Addition of powers

(2) If:

(a) the applied Western Australian law is amended to give the

first mentioned person or authority one or more additional

powers under the law; and

(b) the direction or delegation is in force immediately before the

amendment takes effect;

then, on and after the amendment taking effect, the direction or

delegation is taken to include the additional powers.

Alteration of powers

(3) If:

(a) the applied Western Australian law is amended to alter the

scope of one or more of the powers of the first mentioned

person or authority under the law; and

(b) the direction or delegation is in force immediately before the

amendment takes effect;

then, on and after the amendment taking effect, the direction or

delegation is taken to include the powers as altered.

Amendments of applied Western Australian laws

(4) An applied Western Australian law is

amended

if:

(a) the applied Western Australian law is amended by an

Ordinance; or

(b) the corresponding Western Australian law is amended.

45 Subsection 8H(2)

Omit "or the performance of functions or duties".

46 Paragraphs 8H(2)(b) and (c)

Omit "(within the meaning of section 8G)", substitute "established

under a Western Australian law".

Schedule 1

Amendments of Territory Acts

Part 1

Applied laws, delegations and other matters

Territories Legislation Amendment Bill 2020

No. , 2020

47 Paragraph 13D(1A)(b)

Omit "a Western Australian law as in force in the Territory under

section 8A", substitute "an applied Western Australian law".

48 Subparagraphs 15AAE(c)(i) and (ii) and (d)(i) and (ii)

Omit "and functions".

49 Paragraph 15AAE(f)

Omit "or duties".

50 Paragraph 16(1)(c)

Omit "or duty".

51 Paragraph 16(1)(c)

Omit ", or the performance of the duty,".

52 After section 19

Insert:

19A Ordinances--incorporation of matters by reference

(1) Despite subsection 14(2) of the

Legislation Act 2003

, an

Ordinance, or a law made under such an Ordinance, may make

provision in relation to a matter by applying, adopting or

incorporating, with or without modification, a provision of a

Western Australian law (whether or not the law is an applied

Western Australian law), as in force at a particular time or as in

force from time to time.

(2) Subsection (1) applies to a provision of a Western Australian law

that is not an Act of the Western Australian Parliament only if the

provision is subject to disallowance (however described) in

Western Australia.

Norfolk Island Act 1979

53 Subsection 4(1)

Insert:

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Applied laws, delegations and other matters

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Territories Legislation Amendment Bill 2020

amended

: for when an applied law is

amended

, see

subsection 18E(4).

applied law

means:

(a) an applied State law; or

(b) an applied Territory law.

applied law jurisdiction

: see section 5.

applied State law

means a law of an applied law jurisdiction that is

a State, as in force in Norfolk Island under section 18A.

applied Territory law

means a law of an applied law jurisdiction

that is a Territory, as in force in Norfolk Island under section 18A.

authority

includes a body corporate, or an unincorporated body,

established for a public purpose.

54 Subsection 4(1)

Repeal the following definitions:

(a) definition of

court officer of New South Wales

;

(b) definition of

court of New South Wales

55 Subsection 4(1)

Insert:

court officer

, of a State or Territory that is an applied law

jurisdiction, means a person holding, occupying or exercising the

powers of:

(a) any of the following offices in a court of that jurisdiction:

(i) Judge;

(ii) Magistrate (however described);

(iii) Master;

(iv) Registrar (however described);

(v) Clerk (however described);

(vi) Sheriff (however described);

(vii) Bailiff (however described); or

(b) any other office, prescribed by the regulations for the

purposes of this paragraph, of a court of that jurisdiction.

law of an applied law jurisdiction

: see subsection 18A(6).

Schedule 1

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Part 1

Applied laws, delegations and other matters

Territories Legislation Amendment Bill 2020

No. , 2020

Norfolk Island

: see the definition of

Territory

power

includes a function or duty, and, in that context,

exercise

means perform.

56 Subsection 4(1) (definition of

Territory

)

Repeal the definition, substitute:

Territory

, or

Norfolk Island

, means the Territory of Norfolk Island

and, when used in a geographical sense, means the area described

in Schedule 1.

57 At the end of Part I

Add:

5 Meaning of

applied law jurisdiction

(1) Subject to any regulations made for the purposes of

paragraph (2)(b), each of the following States or Territories is an

applied law jurisdiction

(a) New South Wales;

(b) a State or Territory (if any) prescribed for the purposes of

paragraph (2)(a).

(2) The regulations may provide for:

(a) a State or Territory (other than Norfolk Island) to be an

applied law jurisdiction; or

(b) a State (including New South Wales) or a Territory to stop

being an applied law jurisdiction.

(3) Without limiting subsection (2), the regulations may prescribe

matters of a transitional nature (including any saving or application

provisions) relating to regulations made for the purposes of

paragraph (2)(b).

58 Section 15

Omit "After the final transition time, the", substitute "(1) The".

59 Paragraph 15(e)

Repeal the paragraph, substitute:

(e) applied laws.

Amendments of Territory Acts

Schedule 1

Applied laws, delegations and other matters

Part 1

No. , 2020

Territories Legislation Amendment Bill 2020

60 At the end of section 15

Add:

(2) To avoid doubt, subsection (1) does not prevent any other law,

including a law of a State or of another Territory, from applying in

the Territory of its own force.

61 Section 18A

Repeal the section, substitute:

18A Application of laws of applied law jurisdictions

(1) Subject to this section and sections 18B and 18D, the laws of an

applied law jurisdiction are in force in Norfolk Island.

(2) To the extent that a law is in force in Norfolk Island under

subsection (1) it may be incorporated, amended or repealed by a

section 19A Ordinance or a law made under a section 19A

Ordinance.

(3) A section 19A Ordinance may suspend the operation in Norfolk

Island of a law in force in Norfolk Island under subsection (1) for

such period as is specified in the Ordinance.

(4) To the extent that a law of an applied law jurisdiction is in force in

Norfolk Island under subsection (1), it has no effect to the extent

that it is inconsistent with:

(a) the Constitution; or

(b) an Act; or

(d) a law of another applied law jurisdiction in force in Norfolk

Island under this section that has a higher order of priority

under regulations made for the purposes of this paragraph.

(5) For the purposes of subsection (4), a law of an applied law

jurisdiction (the

first

applied law

) is taken to be consistent with

any of the following other laws:

(a) an Act;

(b) an enactment;

Schedule 1

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Territories Legislation Amendment Bill 2020

No. , 2020

to the extent that the first applied law is capable of operating

concurrently with the other law.

(6) A

law of an applied law jurisdiction

(a) is a law in force in an applied law jurisdiction from time to

time; and

(b) includes a principle or rule of common law or equity that is

part of the law of that jurisdiction; and

(i) a Commonwealth Act or a provision of a

Commonwealth Act; or

(ii) an instrument (however described) made under a

Commonwealth Act, or a provision of such an

instrument.

62 Section 18B (heading)

Repeal the heading, substitute:

18B Powers under applied State laws

63 Subsections 18B(1) and (2)

Repeal the subsections, substitute:

Vesting of powers

(1) If, by an applied State law, a power is vested in:

(a) a Minister of the State; or

(b) the Governor of the State; or

that power is, in relation to Norfolk Island, vested in the

responsible Commonwealth Minister instead of the person or

authority mentioned in paragraph (a), (b) or (c) of this subsection.

(2) If:

(a) by an applied State law, a power is vested in a person (other

than a court officer of the State) or an authority (other than a

court of the State); and

(b) subsection (1) does not apply to that power;

Amendments of Territory Acts

Schedule 1

Applied laws, delegations and other matters

Part 1

No. , 2020

Territories Legislation Amendment Bill 2020

the power is, in relation to Norfolk Island, vested in the responsible

Commonwealth Minister instead of the person or authority

mentioned in paragraph (a) of this subsection.

(2A) To avoid doubt, a reference in subsection (1) or (2) to a power

vested in a person or authority by an applied State law does not

include a reference to a power so vested, whether directly or

indirectly, because of a section 19A Ordinance made for the

purposes of subsection 18A(2).

Note:

Under subsection 18A(2), a section 19A Ordinance may provide for

the incorporation, amendment or repeal of an applied State law.

64 Paragraph 18B(3)(a)

Omit "specified".

65 Paragraph 18B(3)(b)

Omit "specified person", substitute "person or authority".

66 Subsections 18B(4) to (6)

Repeal the subsections, substitute:

(4) A direction or delegation under subsection (3) is subject to such

conditions as may be specified:

(a) in the direction or delegation; or

(b) in the case of a deemed direction under subsection (5A) or

(5B)--in writing, by the responsible Commonwealth

Minister.

(5) A person or authority in whom a power is vested by a direction

under paragraph (3)(a) may delegate the power, in writing, to

another person or authority:

(a) if authorised to do so by the direction; or

(b) in the case of a deemed direction under subsection (5A) or

(5B)--if authorised to do so, in writing, by the responsible

Commonwealth Minister.

Deemed vesting of powers--State persons and authorities

exercising powers in Norfolk Island

(5A) If a power under an applied State law is vested in the responsible

Commonwealth Minister under paragraph (1)(a) or subsection (2),

Schedule 1

Amendments of Territory Acts

Part 1

Applied laws, delegations and other matters

Territories Legislation Amendment Bill 2020

No. , 2020

that Minister is taken to have directed under paragraph (3)(a) that

the power is also vested in another person or authority in the

circumstances that:

(a) the person or authority is subject to an arrangement under

section 18C with the State and is:

(i) an officer or employee of the State; or

(ii) an authority established by or under a law of the State;

(iii) an officer or employee of such an authority; and

(b) the power corresponds to a power that the person or authority

is authorised, under a law of the State, to exercise in, or in a

part of, the State:

(i) whether in the person's or authority's own right; or

(ii) whether in the capacity of a delegate; or

(iii) whether in any other way.

Deemed vesting of powers--Norfolk Island persons and authorities

(5B) If a power under an applied State law mentioned in column 1 of an

item of the following table is vested in the responsible

Commonwealth Minister under paragraph (1)(a) or subsection (2),

the Minister is taken to have directed under paragraph (3)(a) that

the power is also vested in a person or authority mentioned in

column 2 of the item.

Deemed vesting of powers--Norfolk Island persons and authorities

Item

Column 1

Column 2

A power that corresponds to a power vested by a

law of the State in a police force (however

described)

The Australian Federal

Police

A power that corresponds to a power vested by a

law of the State in a police officer (however

described) holding, occupying or exercising the

powers of a particular kind of office or position

Both of the following:

(a) a member of the

Police Force of

Norfolk Island

holding, occupying

or exercising the

powers of a

corresponding

office or position;

(b) a member or special

Amendments of Territory Acts

Schedule 1

Applied laws, delegations and other matters

Part 1

No. , 2020

Territories Legislation Amendment Bill 2020

Deemed vesting of powers--Norfolk Island persons and authorities

Item

Column 1

Column 2

member of the

Australian Federal

Police holding,

occupying or

exercising the

powers of a

corresponding

office or position in

Norfolk Island

A power that corresponds to a power vested by a

law of the State in a body (a

local government

body

) responsible for local government under

such a law

The Norfolk Island

Regional Council

A power that corresponds to a power vested by a

law of the State in a person holding, occupying or

exercising the powers of a particular kind of

office or position on or with a local government

body

A person holding,

occupying or

exercising the powers

of a corresponding

office or position on or

with the Norfolk Island

Regional Council

A power that corresponds to a power, vested by a

law of the State, that is prescribed by an

Ordinance for the purposes of this item

A person or authority

prescribed by that

Ordinance

(6) The responsible Commonwealth Minister may, in writing, direct

that subsection (5A) or (5B) does not apply to a specified power.

67 Subsections 18B(9) to (12)

Repeal the subsections, substitute:

(9) The validity of the exercise of a power under an applied State law

by a person or authority under this section is unaffected by the

failure of the person or authority to hold a qualification required of

a person or authority exercising that power under a law of the

State.

(10) This section does not affect the operation of section 18A in relation

to the application in or in relation to Norfolk Island of a law (a

subordinate law

) made under a law of an applied law jurisdiction

Schedule 1

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Part 1

Applied laws, delegations and other matters

Territories Legislation Amendment Bill 2020

No. , 2020

(whether the subordinate law is made before or after the final

transition time).

(11) Subject to any direction or delegation made under this section, if a

power vested by an applied State law in a person or authority (the

first mentioned person or authority

) is vested in another person or

authority under this section, each reference in any applied State

law of that State to the first mentioned person or authority is taken

to include a reference to the other person or authority.

(12) A reference in this section to a law of a State that is an applied law

jurisdiction is taken to be a reference to a law of the applied law

jurisdiction (within the meaning of subsection 18A(6)).

Note:

Subsection 18A(6) gives an extended meaning to

law of an applied

law jurisdiction

(13) An instrument under this section is not a legislative instrument.

68 Section 18C (heading)

Repeal the heading, substitute:

18C Arrangements with the Government of a State

69 Subsection 18C(1)

Omit "New South Wales", substitute "a State".

70 Subsection 18C(1)

Omit "the Territory", substitute "Norfolk Island".

71 Subsection 18C(2)

Repeal the subsection, substitute:

(2) Without limiting the generality of subsection (1), such an

arrangement may provide for the exercise of powers in, or in

relation to, Norfolk Island by:

(a) an officer or employee of the State; or

(b) an authority established by or under a law of the State; or

under a law of the State.

Amendments of Territory Acts

Schedule 1

Applied laws, delegations and other matters

Part 1

No. , 2020

Territories Legislation Amendment Bill 2020

72 At the end of Division 1 of Part IV

Add:

18D Powers under applied Territory laws

Vesting of powers

(1) If, by an applied Territory law, a power is vested in:

(a) a person (other than a court officer of that Territory); or

(b) an authority (other than a court of that Territory);

that power is vested in, and may be exercised by, that person or

authority in relation to Norfolk Island.

(2) A reference in subsection (1) to a power that is vested in a person

or authority by an applied Territory law includes a reference to a

power that is otherwise exercisable under that law (for example,

under a delegation made under that law, or under an authorisation).

(3) To avoid doubt, a reference in subsection (1) to a power vested in a

person or authority by an applied Territory law does not include a

reference to a power so vested, whether directly or indirectly,

because of a section 19A Ordinance made for the purposes of

subsection 18A(2).

Note:

Under subsection 18A(2), a section 19A Ordinance may provide for

the incorporation, amendment or repeal of an applied Territory law.

Vesting directions etc.

(4) If a power under an applied Territory law is vested in a person or

authority under subsection (1), the responsible Commonwealth

Minister may, in writing, direct that the power is, in relation to

Norfolk Island:

(a) also vested in a person or authority (which may be that

Minister); or

(b) vested instead in another person or authority (which may be

that Minister).

(5) A direction under subsection (4) is subject to such conditions as

may be specified in the direction.

Schedule 1

Amendments of Territory Acts

Part 1

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Territories Legislation Amendment Bill 2020

No. , 2020

(6) A person or authority in whom a power is vested by a direction

under subsection (4) may, if authorised by the direction, delegate

the power, in writing, to another person or authority.

Effect of solely vesting powers in other persons or authorities

(7) If the responsible Commonwealth Minister gives a direction under

paragraph (4)(b) in relation to a power, the power stops being

vested in relation to Norfolk Island under subsection (1) at the start

of the day after the direction is given.

Other matters

(8) An instrument under this section may identify a power by reference

to a class of powers.

(9) The validity of the exercise of a power under an applied Territory

law by a person or authority under this section is unaffected by the

failure of the person or authority to hold a qualification required of

a person or authority exercising that power under a law of that

Territory.

(10) This section does not affect the operation of section 18A in relation

to the application in or in relation to Norfolk Island of a law (a

subordinate law

) made under a law of an applied law jurisdiction

(whether the subordinate law is made before or after the

commencement of this section).

(11) Subject to any direction or delegation made under this section, if a

power vested by an applied Territory law in a person or authority

(the

first mentioned person or authority

) is vested in another

person or authority under this section, each reference in any

applied Territory law of that Territory to the first mentioned person

or authority is taken to include a reference to the other person or

authority.

(12) A reference in this section to a law of a Territory that is an applied

law jurisdiction is taken to be a reference to a law of the applied

law jurisdiction (within the meaning of subsection 18A(6)).

Note:

Subsection 18A(6) gives an extended meaning to

law of an applied

law jurisdiction

(13) An instrument under this section is not a legislative instrument.

Amendments of Territory Acts

Schedule 1

Applied laws, delegations and other matters

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Territories Legislation Amendment Bill 2020

18E Applied laws--effect of directions and delegations

Scope

(1) This section applies if:

(a) the responsible Commonwealth Minister directs, under

paragraph 18B(3)(a) or subsection 18D(4), that all the powers

of a person or authority (the

first mentioned person or

authority

) under an applied law are vested in another person

or authority; or

(b) the responsible Commonwealth Minister delegates to a

person or authority, under paragraph 18B(3)(b), all the

powers of a person or authority (also the

first mentioned

person or authority

) under an applied law; or

under subsection 18B(5) or 18D(6), all the powers of a

person or authority (also the

first mentioned person or

authority

) under an applied law.

Addition of powers

(2) If:

(a) the applied law is amended to give the first mentioned person

or authority one or more additional powers under the law;

and

(b) the direction or delegation is in force immediately before the

amendment takes effect;

then, on and after the amendment taking effect, the direction or

delegation is taken to include the additional powers.

Alteration of powers

(3) If:

(a) the applied law is amended to alter the scope of one or more

of the powers of the first mentioned person or authority under

the law; and

(b) the direction or delegation is in force immediately before the

amendment takes effect;

then, on and after the amendment taking effect, the direction or

delegation is taken to include the powers as altered.

Schedule 1

Amendments of Territory Acts

Part 1

Applied laws, delegations and other matters

Territories Legislation Amendment Bill 2020

No. , 2020

Amendments of applied laws

(4) An applied law is

amended

if:

(a) the applied law is amended by a section 19A Ordinance; or

(b) the corresponding law of the applied law jurisdiction is

amended.

73 After section 66

Insert:

66A Ordinances--incorporation of matters by reference

(1) Despite subsection 14(2) of the

Legislation Act 2003

, a

section 19A Ordinance, or a law made under such an Ordinance,

may make provision in relation to a matter by applying, adopting

or incorporating, with or without modification, a provision of a law

of an applied law jurisdiction (whether or not the law is an applied

law), as in force at a particular time or as in force from time to

time.

(2) Subsection (1) applies to a provision of a law of an applied law

jurisdiction that is not an Act of the Parliament of the applied law

jurisdiction only if the provision is subject to disallowance

(however described) in that jurisdiction.

74 Part IX

Repeal the Part.

Division 2

--Application, saving and transitional

provisions

75 Amendments relating to Christmas Island

Application of amendments

(1)

Sections 8G and 8GA of the new law apply in relation to:

(a) Western Australian laws, whether in force before or after the

commencement time; and

(b) applied Western Australian laws, whether in force before or

after the commencement time; and

Amendments of Territory Acts

Schedule 1

Applied laws, delegations and other matters

Part 1

No. , 2020

Territories Legislation Amendment Bill 2020

or after the commencement time; and

(d) directions and delegations, whether made before or after the

commencement time.

Saving of certain delegations

(2)

Subject to subitem (3), a delegation made under subsection 8G(4) of the

old law that was in force immediately before the commencement time

continues in force, on and after that time, as if it had been made under

subsection 8G(5) of the new law.

Certain directions and delegations cease to have effect

(3)

A direction or delegation made under subsection 8G(3) or (4) of the old

law that was in force immediately before the commencement time

ceases to have effect if:

(a) at the commencement time, the Minister is taken, under

subsection 8G(5B) of the new law, to have directed that a

power is also vested in a person or authority; and

(b) the direction or delegation is in respect of that power.

Arrangements with Western Australia

(4)

A reference in section 8G or 8H of the new law to an arrangement with

Western Australia is taken, after the commencement time, to include a

reference to an arrangement with Western Australia entered into under

section 8H of the old law that was in force immediately before that

time.

Definitions

(5)

In this item:

commencement time

means the time this Part commences.

new law

means the

Christmas Island Act 1958

, as amended by

Division 1 of this Part.

old law

means the

Christmas Island Act 1958,

as in force immediately

before the commencement time.

Schedule 1

Amendments of Territory Acts

Part 1

Applied laws, delegations and other matters

Territories Legislation Amendment Bill 2020

No. , 2020

76 Amendments relating to Cocos (Keeling) Islands

Application of amendments

(1)

Sections 8G and 8GA of the new law apply in relation to:

(a) Western Australian laws, whether in force before or after the

commencement time; and

(b) applied Western Australian laws, whether in force before or

after the commencement time; and

or after the commencement time; and

(d) directions and delegations, whether made before or after the

commencement time.

Saving of certain delegations

(2)

Subject to subitem (3), a delegation made under subsection 8G(4) of the

old law that was in force immediately before the commencement time

continues in force, on and after that time, as if it had been made under

subsection 8G(5) of the new law.

Certain directions and delegations cease to have effect

(3)

A direction or delegation made under subsection 8G(3) or (4) of the old

law that was in force immediately before the commencement time

ceases to have effect if:

(a) at the commencement time, the Minister is taken, under

subsection 8G(5B) of the new law, to have directed that a

power is also vested in a person or authority; and

(b) the direction or delegation is in respect of that power.

Arrangements with Western Australia

(4)

A reference in section 8G or 8H of the new law to an arrangement with

Western Australia is taken, after the commencement time, to include a

reference to an arrangement with Western Australia entered into under

section 8H of the old law that was in force immediately before that

time.

Definitions

(5)

In this item:

Amendments of Territory Acts

Schedule 1

Applied laws, delegations and other matters

Part 1

No. , 2020

Territories Legislation Amendment Bill 2020

commencement time

means the time this Part commences.

new law

means the

Cocos (Keeling) Islands Act 1955

, as amended by

Division 1 of this Part.

old law

means the

Cocos (Keeling) Islands Act 1955

, as in force

immediately before the commencement time.

77 Amendments relating to Norfolk Island

Application of amendments

(1)

Sections 18A to 18E of the new law apply in relation to:

(a) laws of an applied law jurisdiction, whether in force before or

after the commencement time; and

(b) applied laws, whether in force before or after the

commencement time; and

or after the commencement time; and

(d) directions and delegations, whether made before or after the

commencement time.

Saving of Ordinances that incorporate, amend, repeal or suspend

applied New South Wales laws

(2)

A section 19A Ordinance made for the purposes of subsection 18A(2)

or (3) of the old law that was in force immediately before the

commencement time continues in force, on and after that time, as if it

had been made for the purposes of subsection 18A(2) or (3) (as

applicable) of the new law.

Saving of certain delegations

(3)

Subject to subitem (4), a delegation made under subsection 18B(4) of

the old law that was in force immediately before the commencement

time continues in force, on and after that time, as if it had been made

under subsection 18B(5) of the new law.

Certain directions and delegations cease to have effect

(4)

A direction or delegation made under subsection 18B(3) or (4) of the

old law that was in force immediately before the commencement time

ceases to have effect if:

Schedule 1

Amendments of Territory Acts

Part 1

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Territories Legislation Amendment Bill 2020

No. , 2020

(a) at the commencement time, the Minister is taken, under

subsection 18B(5B) of the new law, to have directed that a

power is also vested in a person or authority; and

(b) the direction or delegation is in respect of that power.

Arrangements with New South Wales

(5)

A reference in section 18B or 18C of the new law to an arrangement

with a State is taken, at and after the commencement time, to include a

reference to an arrangement with New South Wales entered into under

section 18C of the old law that was in force immediately before that

time.

Definitions

(6)

In this item:

commencement time

means the time this Part commences.

new law

means the

Norfolk Island Act 1979

, as amended by Division 1

of this Part.

old law

means the

Norfolk Island Act 1979

, as in force immediately

before the commencement time.

Amendments of Territory Acts

Schedule 1

Jurisdiction of Norfolk Island courts

Part 2

No. , 2020

Territories Legislation Amendment Bill 2020

Part 2--Jurisdiction of Norfolk Island courts

Division 1

--Main amendments

Norfolk Island Act 1979

78 Subsection 4(1)

Insert:

prescribed State or Territory

means a State or Territory prescribed

for the purposes of subsection 60AA(1).

79 Before section 52

Insert:

Division 1--The Supreme Court of Norfolk Island

80 Before section 60

Insert:

Division 2--Establishment of courts and tribunals

81 At the end of Part VII

Add:

Division 3--Conferral of jurisdiction on prescribed State

or Territory courts

60AA Conferral of jurisdiction on prescribed State or Territory

courts

Conferral of jurisdiction

(1) A State or a Territory (the

prescribed State or Territory

), other

than Norfolk Island, may be prescribed by the regulations for the

purposes of this subsection.

Schedule 1

Amendments of Territory Acts

Part 2

Jurisdiction of Norfolk Island courts

Territories Legislation Amendment Bill 2020

No. , 2020

(2) The courts of the prescribed State or Territory have jurisdiction

(including appellate jurisdiction) to hear and determine matters

arising under laws in force in Norfolk Island as if Norfolk Island

were part of the prescribed State or Territory.

Note:

For the transfer of jurisdiction from the courts of Norfolk Island to the

courts of the prescribed State or Territory, see Division 3 of Part 2 of

Schedule 1 to the

Territories Legislation Amendment Act 2020

Places at which court may sit

(3) A court of the prescribed State or Territory may, in exercising

jurisdiction under this section, sit in Norfolk Island or the

prescribed State or Territory.

Application of laws of procedure etc. in criminal proceedings

(4) Section 68 of the

Judiciary Act 1903

applies to a court exercising

jurisdiction under this section in relation to a matter that concerns

an offence as if:

(a) a reference in that section to the laws of a State or Territory

were a reference to the laws of the prescribed State or

Territory; and

(b) a reference in that section to offences against the laws of the

Commonwealth were a reference to offences against the laws

in force in Norfolk Island; and

the courts of a State or Territory by that section were a

reference to the conferral of jurisdiction on the courts of the

prescribed State or Territory by this section; and

(d) the reference in subsection (5A) of that section to another

State (which includes a Territory) does not include a

reference to Norfolk Island.

State or Territory laws to govern where applicable

(5) The laws of the prescribed State or Territory, including the laws

relating to procedure, evidence and the competency of witnesses,

are binding on all courts exercising jurisdiction under this section

in that State or Territory, or in Norfolk Island, in all cases to which

they are applicable.

Amendments of Territory Acts

Schedule 1

Jurisdiction of Norfolk Island courts

Part 2

No. , 2020

Territories Legislation Amendment Bill 2020

Other matters

(6) This section is subject to:

(a) the Constitution; and

(b) any law in force in Norfolk Island.

Note:

Paragraph (6)(b) has the effect that subsections (3), (4) and (5) of this

section are subject to the provisions of Part VIIA of this Act.

(7) A suspension of a law under subsection 18A(4) does not, by virtue

of that suspension alone, affect the application of that law under

subsection (4) and (5) of this section.

Division 2

--Consequential amendments

Coral Sea Islands Act 1969

82 Subsection 2(1)

Insert:

prescribed State or Territory

has the meaning given by the

Norfolk

Island Act 1979

83 Before subsection 8(1)

Insert:

(1A) Subject to subsection (3), the courts of the prescribed State or

Territory also have jurisdiction in and in relation to the Territory.

(1B) In the exercise of its jurisdiction under this section, a court of the

prescribed State or Territory may sit in the Coral Sea Islands

Territory, in Norfolk Island or in the prescribed State or Territory.

84 Subsection 8(1)

After "subsection (3)", insert "of this section and Part VII of the

Norfolk

Island Act 1979

85 Subsection 8(3)

Omit "Subsection (1) does not confer jurisdiction on the courts of

Norfolk Island", substitute "This section does not confer jurisdiction on

any court".

Schedule 1

Amendments of Territory Acts

Part 2

Jurisdiction of Norfolk Island courts

Territories Legislation Amendment Bill 2020

No. , 2020

Criminal Code Act 1995

86 Dictionary in the Criminal Code (paragraphs (h) and (i) of

the definition of

Commonwealth judicial officer

)

Omit ", the Northern Territory or the Territory of Norfolk Island",

substitute "or the Northern Territory".

Designs Act 2003

87 At the end of section 84

Add:

(3) This section, so far as it relates to the Supreme Court of Norfolk

Island, has effect subject to section 60AA of the

Norfolk Island Act

1979

Environment Protection (Sea Dumping) Act 1981

88 After subsection 33(4)

Insert:

(4A) This section, so far as it relates to the Supreme Court of Norfolk

Island, has effect subject to section 60AA of the

Norfolk Island Act

1979

Fisheries Management Act 1991

89 After subsection 54(5)

Insert:

(5A) This section, so far as it relates to the Supreme Court of Norfolk

Island, has effect subject to section 60AA of the

Norfolk Island Act

1979

Olympic Insignia Protection Act 1987

90 At the end of section 68

Add:

Amendments of Territory Acts

Schedule 1

Jurisdiction of Norfolk Island courts

Part 2

No. , 2020

Territories Legislation Amendment Bill 2020

(3) This section, so far as it relates to the Supreme Court of Norfolk

Island, has effect subject to section 60AA of the

Norfolk Island Act

1979

Patents Act 1990

91 At the end of section 155

Add:

(3) This section, so far as it relates to the Supreme Court of Norfolk

Island, has effect subject to section 60AA of the

Norfolk Island Act

1979

Trade Marks Act 1995

92 At the end of section 192

Add:

(4) This section, so far as it relates to the Supreme Court of Norfolk

Island, has effect subject to section 60AA of the

Norfolk Island Act

1979

Division 3

--Application, saving and transitional

provisions

93 Definitions

In this Division:

Coroner

has the same meaning as in the

Coroners Act 1993

(Norfolk

Island).

Court of Petty Sessions

means the court established by section 5 of the

Court of Petty Sessions Act 1960

(Norfolk Island).

judicial transition time

: see item 96.

new law

means the

Norfolk Island Act 1979

, as amended by Division 1

of this Part.

new procedural provisions

means section 60C and sections 60F to 60L

of the

Norfolk Island Act 1979

, as amended by Division 1 of Part 3 of

this Schedule.

transition period

: see item 95.

Schedule 1

Amendments of Territory Acts

Part 2

Jurisdiction of Norfolk Island courts

Territories Legislation Amendment Bill 2020

No. , 2020

94 Application of procedural etc. laws of prescribed State or

Territory

Subsections 60AA(3) to (7) of the new law apply to a court exercising

jurisdiction under this Division as if references in those subsections to a

court hearing and determining matters, or exercising jurisdiction, under

section 60AA of the new law were a reference to a court hearing and

determining matters, or exercising jurisdiction, under this Division.

95 Application of certain procedural laws in transition period

(1)

The new procedural provisions apply during the transition period, as if

they were in force during that period, in relation to a court exercising

jurisdiction under:

(a) section 60AA of the new law; or

(b) this Division.

(2)

The

transition period

is the period:

(a) starting on the day a State or Territory is prescribed by the

regulations for the purposes of subsection 60AA(1) of the

new law; and

(b) ending immediately before the commencement of Part 3 of

this Schedule.

96 Transfer of Supreme Court jurisdiction

--new proceedings

Scope

(1)

This item applies to the jurisdiction to hear and determine matters

arising under laws in force in Norfolk Island vested in the Supreme

Court of Norfolk Island immediately before the judicial transition time,

except in relation to matters for which:

(a) proceedings were pending in that court immediately before

that time; or

(b) proceedings had been completed in that court before that

time.

(2)

The

judicial transition time

is the time prescribed by the regulations for

the purposes of this item.

Amendments of Territory Acts

Schedule 1

Jurisdiction of Norfolk Island courts

Part 2

No. , 2020

Territories Legislation Amendment Bill 2020

Transfer of jurisdiction

(3)

Subject to the Constitution, after the judicial transition time the

jurisdiction:

(a) ceases to be vested in the Supreme Court of Norfolk Island;

and

(b) is vested in:

(i) if a court prescribed for the purposes of subitem (4)

would, apart from this subitem, have the jurisdiction

under subsection 60AA(2) of the new law--that court;

(ii) in any other case--the Supreme Court of the prescribed

State or Territory.

(4)

A court of the prescribed State or Territory may be prescribed by the

regulations for the purposes of this subitem.

97 Transfer of Supreme Court jurisdiction

--pending

proceedings

Parties may apply to transfer proceedings

(1)

After the judicial transition time, the parties to proceedings in a matter

pending in the Supreme Court of Norfolk Island may apply to that court

to transfer the proceedings to:

(a) if the proceedings relate only to a matter of a kind that is

within the jurisdiction of a court prescribed for the purposes

of subitem 96(4) (the

prescribed court

)--the prescribed

court; or

(b) in any other case--the Supreme Court of the prescribed State

or Territory.

Transfer to prescribed court of prescribed State or Territory

(2)

If the Supreme Court of Norfolk Island decides that it is not contrary to

the interests of justice to grant an application under paragraph (1)(a), the

Supreme Court must transfer the proceedings to the prescribed court.

(3)

If the proceedings are so transferred:

(a) the prescribed court may hear and determine the proceedings;

and

Schedule 1

Amendments of Territory Acts

Part 2

Jurisdiction of Norfolk Island courts

Territories Legislation Amendment Bill 2020

No. , 2020

(b) all documents filed in the Supreme Court of Norfolk Island in

the proceedings are to be transmitted to the prescribed court;

and

in relation to the proceedings:

(i) is to be transferred to the prescribed court; and

(ii) is taken to be money lodged with the prescribed court in

relation to the proceedings; and

(d) everything done in or in relation to the proceedings in the

Supreme Court of Norfolk Island is taken to have been done

in the prescribed court.

Transfer to Supreme Court of prescribed State or Territory

(4)

If the Supreme Court of Norfolk Island decides that it is not contrary to

the interests of justice to grant an application under paragraph (1)(b),

the Supreme Court must transfer the proceedings to the Supreme Court

of the prescribed State or Territory.

(5)

If the proceedings are so transferred:

(a) the Supreme Court of the prescribed State or Territory may

hear and determine the proceedings; and

(b) all documents filed in the Supreme Court of Norfolk Island in

the proceedings are to be transmitted to the Supreme Court of

the prescribed State or Territory; and

in relation to the proceedings:

(i) is to be transferred to the Supreme Court of the

prescribed State or Territory; and

(ii) is taken to be money lodged with the Supreme Court of

the prescribed State or Territory in relation to the

proceedings; and

(d) everything done in or in relation to the proceedings in the

Supreme Court of Norfolk Island is taken to have been done

in the Supreme Court of the prescribed State or Territory.

Amendments of Territory Acts

Schedule 1

Jurisdiction of Norfolk Island courts

Part 2

No. , 2020

Territories Legislation Amendment Bill 2020

98 Action to be taken before abolition of Supreme Court

Registrar must transfer proceedings

(1)

As soon as practicable after the first day on which no person holds

office as a Judge of the Supreme Court of Norfolk Island, the Registrar

of the court must transfer all proceedings in the court (including

completed proceedings) to:

(a) if the proceedings relate only to a matter of a kind that is

within the jurisdiction of a court prescribed for the purposes

of subitem 96(4)

(the

prescribed court

)--the prescribed

court; or

(b) in any other case--the Supreme Court of the prescribed State

or Territory.

Transfer to prescribed court of prescribed State or Territory

(2)

If proceedings are transferred to the prescribed court under

paragraph (1)(a):

(a) all documents filed in the Supreme Court of Norfolk Island in

the proceedings are to be transmitted to the prescribed court;

and

(b) any money lodged with the Supreme Court of Norfolk Island

in relation to the proceedings:

(i) is to be transferred to the prescribed court; and

(ii) is taken to be money lodged with the prescribed court in

relation to the proceedings; and

Supreme Court of Norfolk Island is taken to have been done

in the prescribed court.

(3)

If proceedings transferred to the prescribed court under paragraph (1)(a)

are not completed before the transfer, the prescribed court may:

(a) hear, or further hear, the proceedings; and

(b) determine the proceedings; and

in the Supreme Court of Norfolk Island.

Schedule 1

Amendments of Territory Acts

Part 2

Jurisdiction of Norfolk Island courts

Territories Legislation Amendment Bill 2020

No. , 2020

Transfer to Supreme Court of prescribed State or Territory

(4)

If proceedings are transferred to the Supreme Court of the prescribed

State or Territory under paragraph (1)(b):

(a) all documents filed in the Supreme Court of Norfolk Island in

the proceedings are to be transmitted to the Supreme Court of

the prescribed State or Territory; and

(b) any money lodged with the Supreme Court of Norfolk Island

in relation to the proceedings:

(i) is to be transferred to the Supreme Court of the

prescribed State or Territory; and

(ii) is taken to be money lodged with the Supreme Court of

the prescribed State or Territory in relation to the

proceedings; and

Supreme Court of Norfolk Island is taken to have been done

in the Supreme Court of the prescribed State or Territory.

(5)

If proceedings transferred to the Supreme Court of the prescribed State

or Territory under paragraph (1)(b) are not completed before the

transfer, the Supreme Court of the prescribed State or Territory may:

(a) hear, or further hear, the proceedings; and

(b) determine the proceedings; and

in the Supreme Court of Norfolk Island.

99 Transfer of Court of Petty Sessions jurisdiction

--new

proceedings

Scope

(1)

This item applies to the jurisdiction to hear and determine matters

arising under laws in force in Norfolk Island vested in the Court of

Petty Sessions immediately before the judicial transition time, except in

relation to matters for which:

(a) proceedings were pending in that court immediately before

that time; or

(b) proceedings had been completed in that court before that

time.

Amendments of Territory Acts

Schedule 1

Jurisdiction of Norfolk Island courts

Part 2

No. , 2020

Territories Legislation Amendment Bill 2020

Transfer of jurisdiction

(2)

Subject to the Constitution, after the judicial transition time the

jurisdiction:

(a) ceases to be vested in the Court of Petty Sessions; and

(b) is vested in:

(i) if a court prescribed for the purposes of subitem (3)

would, apart from this subitem, have the jurisdiction

under subsection 60AA(2) of the new law--that court;

(ii) in any other case--the Supreme Court of the prescribed

State or Territory.

(3)

A court of a prescribed State or Territory may be prescribed by the

regulations for the purposes of this subitem.

100 Transfer of Court of Petty Sessions jurisdiction

pending proceedings

Parties may apply to transfer proceedings

(1)

After the judicial transition time, the parties to proceedings in a matter

pending in the Court of Petty Sessions may apply to that court to

transfer the proceedings to:

(a) if the proceedings relate only to a matter of a kind that is

within the jurisdiction of a court prescribed for the purposes

of subitem 99(3) (the

prescribed court

)--the prescribed

court; or

(b) in any other case--the Supreme Court of the prescribed State

or Territory.

Transfer to prescribed court of prescribed State or Territory

(2)

If the Court of Petty Sessions decides that it is not contrary to the

interests of justice to grant an application under paragraph (1)(a), the

court must transfer the proceedings to the prescribed court.

(3)

If the proceedings are so transferred:

(a) the prescribed court may hear and determine the proceedings;

and

(b) all documents filed in the Court of Petty Sessions in the

proceedings are to be transmitted to the prescribed court; and

Schedule 1

Amendments of Territory Acts

Part 2

Jurisdiction of Norfolk Island courts

Territories Legislation Amendment Bill 2020

No. , 2020

relation to the proceedings:

(i) is to be transferred to the prescribed court; and

(ii) is taken to be money lodged with the prescribed court in

relation to the proceedings; and

(d) everything done in or in relation to the proceedings in the

Court of Petty Sessions is taken to have been done in the

prescribed court.

Transfer to Supreme Court of the prescribed State or Territory

(4)

If the Court of Petty Sessions decides that it is not contrary to the

interests of justice to grant an application under paragraph (1)(b), the

court must transfer the proceedings to the Supreme Court of the

prescribed State or Territory.

(5)

If the proceedings are so transferred:

(a) the Supreme Court of the prescribed State or Territory may

hear and determine the proceedings; and

(b) all documents filed in the Court of Petty Sessions in the

proceedings are to be transmitted to the Supreme Court of the

prescribed State or Territory; and

relation to the proceedings:

(i) is to be transferred to the Supreme Court of the

prescribed State or Territory; and

(ii) is taken to be money lodged with the Supreme Court of

the prescribed State or Territory in relation to the

proceedings; and

(d) everything done in or in relation to the proceedings in the

Court of Petty Sessions is taken to have been done in the

Supreme Court of the prescribed State or Territory.

101 Action to be taken before abolition of Court of Petty

Sessions

Clerk must transfer proceedings

(1)

As soon as practicable after the first day on which no person holds

office as a Magistrate of the Court of Petty Sessions, the Clerk of the

Amendments of Territory Acts

Schedule 1

Jurisdiction of Norfolk Island courts

Part 2

No. , 2020

Territories Legislation Amendment Bill 2020

court must transfer all proceedings in the court (including completed

proceedings) to:

(a) if the proceedings relate only to a matter of a kind that is

within the jurisdiction of a court prescribed for the purposes

of subitem 99(3) (the

prescribed court

)--the prescribed

court; or

(b) in any other case--the Supreme Court of the prescribed State

or Territory.

Transfer to prescribed court of prescribed State or Territory

(2)

If proceedings are transferred to the prescribed court under subitem (1):

(a) all documents filed in the Court of Petty Sessions in the

proceedings are to be transmitted to the prescribed court; and

(b) any money lodged with the Court of Petty Sessions in

relation to the proceedings:

(i) is to be transferred to the prescribed court; and

(ii) is taken to be money lodged with the prescribed court in

relation to the proceedings; and

Court of Petty Sessions is taken to have been done in the

prescribed court.

(3)

If proceedings transferred to the prescribed court under subitem (1) are

not completed before the transfer, the prescribed court may:

(a) hear, or further hear, the proceedings; and

(b) determine the proceedings; and

in the Court of Petty Sessions.

Transfer to Supreme Court of prescribed State or Territory

(4)

If proceedings are transferred to the Supreme Court of the prescribed

State or Territory under subitem (1):

(a) all documents filed in the Court of Petty Sessions in the

proceedings are to be transmitted to the Supreme Court of the

prescribed State or Territory; and

(b) any money lodged with the Court of Petty Sessions in

relation to the proceedings:

(i) is to be transferred to the Supreme Court of the

prescribed State or Territory; and

Schedule 1

Amendments of Territory Acts

Part 2

Jurisdiction of Norfolk Island courts

Territories Legislation Amendment Bill 2020

No. , 2020

(ii) is taken to be money lodged with the Supreme Court of

the prescribed State or Territory in relation to the

proceedings; and

Court of Petty Sessions is taken to have been done in the

Supreme Court of the prescribed State or Territory.

(5)

If proceedings transferred to the Supreme Court of the prescribed State

or Territory under subitem (1) are not completed before the transfer, the

Supreme Court of the prescribed State or Territory may:

(a) hear, or further hear, the proceedings; and

(b) determine the proceedings; and

in the Court of Petty Sessions.

102 Court of Petty Sessions of Norfolk Island

A section 19A Ordinance must not repeal the

Court of Petty Sessions

Act 1960

(Norfolk Island) while any person holds office as a Magistrate

of the Court of Petty Sessions.

103 Norfolk Island

Coroner's Court

(1)

The Coroner must not begin an inquest under section 11 of the

Coroners Act 1993

(Norfolk Island) after the judicial transition time.

(2)

The Coroner must not begin an inquiry under section 13 of the

Coroners Act 1993

(Norfolk Island) after the judicial transition time.

(3)

A section 19A Ordinance must not repeal the

Coroners Act 1993

(Norfolk Island) while any person holds office as Coroner or Deputy

Coroner of Norfolk Island.

104 Power to make Ordinances

Subject to items 102 and 103, this Division does not, by implication,

limit the matters that can be dealt with by a section 19A Ordinance.

Amendments of Territory Acts

Schedule 1

Supreme Court of Norfolk Island

Part 3

No. , 2020

Territories Legislation Amendment Bill 2020

Part 3--Supreme Court of Norfolk Island

Division 1

--Amendments

Norfolk Island Act 1979

105 Subsection 4(1)

Repeal the following definitions:

(a) definition of

Chief Justice

;

(b) definition of

civil matter

;

host jurisdiction

106 Subsection 4(1)

Insert:

issuing officer

: a person is an

issuing officer

for the purposes of

issuing a warrant or a summons on the order, under this Act, of a

court of a prescribed State or Territory if the person is:

(a) an officer of the court duly authorised by the court to issue

the warrant or summons; or

(b) a magistrate of the prescribed State or Territory.

107 Subsection 4(1)

Repeal the following definitions:

(a) definition of

Judge

;

(b) definition of

Supreme Court

;

108 Divisions 1 and 2 of Part VII

Repeal the Divisions.

109 Division 3 of Part VII (heading)

Repeal the heading.

110 Subdivision B of Division 1 of Part VIIA (heading)

Repeal the heading, substitute:

Schedule 1

Amendments of Territory Acts

Part 3

Supreme Court of Norfolk Island

Territories Legislation Amendment Bill 2020

No. , 2020

Subdivision B--Hearing criminal matters in prescribed State

or Territory

111 Section 60B

Repeal the section.

112 Section 60C

Repeal the section, substitute:

60C Criminal trials in prescribed State or Territory

(1) Subject to this section, a court of a prescribed State or Territory

may, in exercising jurisdiction under this Act in respect of a person

accused of an offence, sit in the prescribed State or Territory if to

do so would not be contrary to the interests of justice.

(2) The court may, in accordance with subsection (3), order that:

(a) if the trial of the accused has not begun--the trial be held in

the prescribed State or Territory at a time and place specified

in the order; and

(b) if the trial of the accused has begun, with the court sitting in

Norfolk Island:

(i) the trial be discontinued; and

(ii) the jury (if any) be discharged; and

(iii) a new trial be held in the prescribed State or Territory at

a time and place specified in the order.

(3) The court may make an order under subsection (2):

(a) at any time after the prosecution of the accused for the

offence commences and before the verdict is delivered; and

(b) at a sitting of the court in Norfolk Island or in the prescribed

State or Territory; and

whether or not the accused is present.

(4) However, the court may make an order under subsection (2) only

if:

(a) the court is satisfied that the interests of justice require it; and

(b) in the circumstance that the court is sitting in the prescribed

State or Territory and the accused is not present:

Amendments of Territory Acts

Schedule 1

Supreme Court of Norfolk Island

Part 3

No. , 2020

Territories Legislation Amendment Bill 2020

(i) the accused is represented; and

(ii) the court is satisfied that the accused understands the

effect of the order.

(5) If the court makes an order under subsection (2), the court may

order that:

(a) on the warrant of an issuing officer, the accused be removed

to the place specified in the order and held there for the

purposes of the trial and for any related proceedings; and

(b) by summons of an issuing officer, all persons required to

attend to give evidence in the trial or proceedings attend at a

time and place specified in the order.

113 Sections 60D and 60E

Repeal the sections.

114 Section 60F (heading)

Repeal the heading, substitute:

60F Removal of accused to stand trial in prescribed State or

Territory

115 Subsections 60F(1) to (3)

Repeal the subsections, substitute:

(1) If a court of a prescribed State or Territory makes an order under

subsection 60C(5) in respect of a person accused of an offence, an

issuing officer may:

(a) by warrant directed to all constables, require the accused to

be conveyed in custody from Norfolk Island to the prison

specified in the warrant and delivered into the custody of the

officer for the time being in charge of that prison; and

(b) by warrant directed to that officer, require the officer to

detain the accused in that prison under this section.

(2) The warrant may be executed by any constable.

(3) An accused delivered into custody at a prison in the prescribed

State or Territory under a warrant under subsection (1) may,

subject to any order of the court, be detained in that prison or any

other prison in the prescribed State or Territory for so long as the

Schedule 1

Amendments of Territory Acts

Part 3

Supreme Court of Norfolk Island

Territories Legislation Amendment Bill 2020

No. , 2020

accused's detention is necessary for the execution of the order

under subsection 60C(5).

116 Subsections 60F(4) and (5)

Omit "host jurisdiction", substitute "prescribed State or Territory".

117 Subsection 60G(1)

Repeal the subsection, substitute:

(1) If an accused has been removed to a prescribed State or Territory

under this Act, a court of the prescribed State or Territory may

order that the accused be conveyed to the court for the purposes of

trial in the State or Territory, and any related proceedings.

118 Subsection 60G(2)

Omit "a judge of the Supreme Court", substitute "a court".

119 Subsection 60G(2)

Omit "the Court", substitute "the court".

120 Section 60H

Repeal the section, substitute:

60H Return of accused to Norfolk Island for particular purposes

(1) A court of a prescribed State or Territory that is, in exercising

jurisdiction under this Act in respect of a person accused of an

offence, sitting in the prescribed State or Territory may, for a

purpose covered by subsection (3), order that:

(a) the trial of the accused be adjourned for such time as the

court considers reasonable and necessary, and be continued

in Norfolk Island for so long as is necessary for the purpose;

and

(b) on the warrant of an issuing officer, the accused be returned

to Norfolk Island for the purposes of the continuation of the

trial and any related proceedings; and

remain there for such time as the court directs for the purpose

of continuing to attend as jurors in the trial.

Amendments of Territory Acts

Schedule 1

Supreme Court of Norfolk Island

Part 3

No. , 2020

Territories Legislation Amendment Bill 2020

(2) However, the court may make an order under subsection (1) only if

the court is satisfied that the interests of justice require it.

(3) The following purposes are covered by this subsection:

(a) viewing a place in Norfolk Island;

(b) taking evidence from a person in Norfolk Island;

this paragraph.

(4) If an order is made under subsection (1), an issuing officer may:

(a) by warrant directed to all constables, require the accused to

be conveyed in custody from the prescribed State or Territory

to the prison specified in the warrant and delivered into the

custody of the officer for the time being in charge of that

prison; and

(b) by warrant directed to that officer, require the officer to

detain the accused in that prison under this section.

(5) The warrant may be executed by any constable.

121 Paragraph 60J(1)(a)

Omit "a law of the Territory by the Supreme Court sitting in a host

jurisdiction", substitute "a law of Norfolk Island by a court of a

prescribed State or Territory sitting in the prescribed State or Territory".

122 Paragraph 60J(2)(b)

Omit "jurisdiction", substitute "State or Territory".

123 Subsection 60K(1)

Omit "host jurisdiction", substitute "prescribed State or Territory".

124 Paragraph 60K(2)(b)

Omit "jurisdiction", substitute "State or Territory".

125 Section 60L (heading)

Repeal the heading, substitute:

Schedule 1

Amendments of Territory Acts

Part 3

Supreme Court of Norfolk Island

Territories Legislation Amendment Bill 2020

No. , 2020

60L Repatriation of person tried in prescribed State or Territory

126 Paragraphs 60L(a) and (b)

Repeal the paragraphs, substitute:

(a) a person has been removed to a prescribed State or Territory

under this Act; and

(b) the trial of the person in a court of the prescribed State or

Territory has concluded; and

127 Section 60L

Omit "the Territory", substitute "Norfolk Island".

128 Division 2 of Part VIIA

Repeal the Division.

129 Subsection 66(1)

Omit "by a court of the Territory exercising criminal jurisdiction",

substitute "by a court of a prescribed State or Territory exercising

criminal jurisdiction in relation to Norfolk Island".

130 Paragraph 67(a)

Omit "subsection 60C(2)", substitute "paragraph 60C(3)(a)".

Division 2

--Application, saving and transitional

provisions

131 Definitions

In this Division:

commencement time

means the time when this Part commences.

new law

means the

Norfolk Island Act 1979

, as amended by Division 1

of this Part.

old law

means the

Norfolk Island Act 1979

, as in force immediately

before the commencement time.

132 Saving

--power to abolish tribunals

(1)

This item applies in relation to a tribunal of Norfolk Island established

by or under an enactment before the commencement time.

Amendments of Territory Acts

Schedule 1

Supreme Court of Norfolk Island

Part 3

No. , 2020

Territories Legislation Amendment Bill 2020

(2)

To avoid doubt, despite the repeal of Division 2 of Part VII of the old

law by this Schedule, the tribunal may be abolished by

an enactment

made under the new law.

133 Saving

--hearing of criminal matters in host jurisdictions

Subdivision B of Division 1 of Part VIIA of the old law continues to

apply after the commencement time in relation to proceedings for an

offence if:

(a) a trial in respect of the offence is being, or has been, held in a

host jurisdiction; and

(b) the proceedings are not finally determined immediately

before that time.

134 Saving

--hearing of civil matters in host jurisdictions

Division 2 of Part VIIA of the old law continues to apply after the

commencement time in relation to proceedings in respect of a civil

matter if:

(a) the proceedings are being, or have been, held in a host

jurisdiction; and

(b) the proceedings are not finally determined immediately

before that time.

135 Prosecutions for historical offences

--continuity of

regulations

The amendment of section 67 of the

Norfolk Island Act 1979

made by

Division 1 of this Part does not affect the continuity of regulations that

were made for the purposes of that section and were in force

immediately before the commencement of this item.

136 References to the Supreme Court of Norfolk Island

A reference in any Act, or in an instrument under any Act, to the

Supreme Court of Norfolk Island is taken, after the commencement of

this item, to be a reference to the Supreme Court of the prescribed State

or Territory.

Schedule 2

Amendments of Treasury Acts

Part 1

Acts administered by ASIC

Territories Legislation Amendment Bill 2020

No. , 2020

Schedule 2--Amendments of Treasury Acts

Part 1--Acts administered by ASIC

Division 1

--Acts administered by ASIC: amendments

ASIC Supervisory Cost Recovery Levy Act 2017

1 Section 3

Omit ", of the Northern Territory and of Norfolk Island", substitute

"and of the Northern Territory".

ASIC Supervisory Cost Recovery Levy (Collection) Act 2017

2 Subsection 4(1)

Omit ", of the Northern Territory and of Norfolk Island", substitute

"and of the Northern Territory".

Australian Securities and Investments Commission Act 2001

3 Subsections 4(1A) and (1B)

Repeal the subsections.

4 Subsection 4(3)

Repeal the subsection, substitute:

(3) If an external Territory is prescribed for the purposes of

paragraph (1)(c), in a provision of this Act that applies (either

generally or in particular circumstances) in the external Territory, a

reference to a term covered by subsection (4) includes a reference

to that external Territory (including its coastal sea).

(4) For the purposes of subsection (3), the following terms are

covered:

(a) "Australia";

(b) "Commonwealth";

(d) "this jurisdiction";

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(e) a term the definition of which includes a term mentioned in

paragraphs (a) to (d).

5 Subsection 5(1) (definition of

Australia

)

Repeal the definition, substitute:

Australia

means the Commonwealth of Australia and, when used

in a geographical sense, includes each Territory.

Note 1:

The Australian Capital Territory, the Jervis Bay Territory, the

Northern Territory, Norfolk Island and the Territories of Christmas

Island and of Cocos (Keeling) Islands are covered by the definition of

Territory

in this subsection.

Note 2:

The meaning of

Australia

is affected by subsection 4(3) (when used in

a provision applying in an external Territory).

6 Subsection 5(1)

Insert:

Commonwealth

means the Commonwealth of Australia and, when

used in a geographical sense, includes each Territory.

Note:

The Australian Capital Territory, the Jervis Bay Territory, the

Northern Territory, Norfolk Island and the Territories of Christmas

Island and of Cocos (Keeling) Islands are covered by the definition of

Territory

in this subsection.

external Territory

(a) means a Territory referred to in section 122 of the

Constitution, where an Act makes provision for the

government of the Territory as a Territory; but

(b) does not include a Territory covered by the definition of

Territory

in this subsection.

Note:

The Australian Capital Territory, the Jervis Bay Territory, the

Northern Territory, Norfolk Island and the Territories of Christmas

Island and of Cocos (Keeling) Islands are covered by the definition of

Territory

in this subsection.

7 Subsection 5(1) (definition of

Territory

)

Repeal the definition, substitute:

Territory

(a) means the following:

(i) the Australian Capital Territory;

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(ii) the Jervis Bay Territory;

(iii) the Northern Territory;

(iv) Norfolk Island;

(v) the Territory of Christmas Island;

(vi) the Territory of Cocos (Keeling) Islands; and

(b) when used in a geographical sense----includes the

Territory's coastal sea (if any).

Note 1:

The term

external Territory

is defined

in this subsection to be any

Territory, other than a Territory covered by this definition, that is

referred to in section 122 of the Constitution, where an Act makes

provision for the government of the Territory as a Territory.

Note 2:

The meaning of

Territory

is affected by subsection 4(3) (when used in

a provision applying in an external Territory).

8 Subsection 5(1) (definition of

this jurisdiction

)

Repeal the definition, substitute:

this jurisdiction

means:

(a) each referring State (including, when used in a geographical

sense, its coastal sea); and

(b) each Territory.

Note 1:

Territory

, when used in a geographical sense, includes the Territory's

coastal sea, but the term does not include an external Territory. See

the definitions of

Territory

and

external Territory

in this subsection.

Note 2:

The meaning of

this jurisdiction

is affected by subsection 4(3) (when

used in a provision applying in an external Territory).

9 Subsection 12GNA(1)

Omit ", the Australian Capital Territory or the Northern Territory",

substitute "or Territory".

10 Paragraph 95(1)(a)

Repeal the paragraph, substitute:

(a) must establish a regional office in each referring State, the

Australian Capital Territory and the Northern Territory; and

11 Subsection 127(2)

Omit "internal".

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Corporations Act 2001

12 Subsection 3(2)

Omit "in the Northern Territory and the Capital Territory", substitute

"in the Territories".

13 Subsection 3(2)

Omit "those territories", substitute "those Territories".

14 Paragraph 3(3)(c)

Omit "those Territories", substitute "the external Territories".

15 Paragraphs 5(1)(b) and (c)

Repeal the paragraphs, substitute:

(b) each Territory (including its coastal sea, if any); and

16 Subsection 5A(2)

Omit "of the Capital Territory, of the Northern Territory and of Norfolk

Island", substitute "of the Australian Capital Territory and of the

Northern Territory".

17 Paragraph 5A(3)(b)

Omit "of the Capital Territory, of the Northern Territory or of Norfolk

Island", substitute "of the Australian Capital Territory or of the

Northern Territory".

18 Section 9 (definition of

Australia

)

Repeal the definition (including the note), substitute:

Australia

means the Commonwealth of Australia and, when used

in a geographical sense, includes each Territory.

Note:

The Australian Capital Territory, the Jervis Bay Territory, the

Northern Territory, Norfolk Island and the Territories of Christmas

Island and of Cocos (Keeling) Islands are covered by the definition of

Territory

in this section.

19 Section 9 (definition of

Capital Territory

)

Repeal the definition.

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20 Section 9

Insert:

Commonwealth

means the Commonwealth of Australia and, when

used in a geographical sense, includes each Territory.

Note:

The Australian Capital Territory, the Jervis Bay Territory, the

Northern Territory, Norfolk Island and the Territories of Christmas

Island and of Cocos (Keeling) Islands are covered by the definition of

Territory

in this section.

21 Section 9 (paragraph (c) of the definition of

Corporations

legislation

)

Omit "Capital Territory", substitute "Australian Capital Territory".

22 Section 9 (paragraph (d) of the definition of

Corporations

legislation

)

After "Northern Territory", insert "or of Norfolk Island,".

23 Section 9

Insert:

external Territory

(a) means a Territory referred to in section 122 of the

Constitution, where an Act makes provision for the

government of the Territory as a Territory; but

(b) does not include a Territory covered by the definition of

Territory

in this section.

Note:

The Australian Capital Territory, the Jervis Bay Territory, the

Northern Territory, Norfolk Island and the Territories of Christmas

Island and of Cocos (Keeling) Islands are covered by the definition of

Territory

in this section.

24 Section 9 (paragraph (a) of the definition of

insolvent

under administration

)

Omit "or the law of an external Territory".

25 Section 9 (paragraph (b) of the definition of

insolvent

under administration

)

Omit "the law of an external Territory or".

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26 Section 9 (subparagraphs (c)(ii), (d)(ii) and (e)(ii) of the

definition of

insolvent under administration

)

Omit "the law of an external Territory or".

27 Section 9 (definition of

national newspaper

)

Repeal the definition, substitute:

national newspaper

: see subsection 254Q(4A).

28 Section 9 (paragraph (b) of the definition of

rules

)

Omit "the Supreme Court of a State or internal Territory", substitute "a

State or Territory Supreme Court".

29 Section 9 (definition of

State or Territory court

)

Repeal the definition, substitute:

State or Territory court

means:

(a) a court of a State, the Australian Capital Territory or the

Northern Territory; or

(b) the Supreme Court of Norfolk Island.

30 Section 9 (definition of

State or Territory Supreme Court

)

Repeal the definition, substitute:

State or Territory Supreme Court

means any of the following:

(a) the Supreme Court of a State;

(b) the Supreme Court of the Australian Capital Territory;

(d) the Supreme Court of Norfolk Island.

31 Section 9 (definition of

Territory

)

Repeal the definition, substitute:

Territory

(a) means the following:

(i) the Australian Capital Territory;

(ii) the Jervis Bay Territory;

(iii) the Northern Territory;

(iv) Norfolk Island;

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(v) the Territory of Christmas Island;

(vi) the Territory of Cocos (Keeling) Islands; and

(b) when used in a geographical sense--includes the Territory's

coastal sea (if any).

Note:

The term

external Territory

is defined

in this subsection to be any

Territory, other than a Territory covered by this definition, that is

referred to in section 122 of the Constitution, where an Act makes

provision for the government of the Territory as a Territory.

32 Section 9 (paragraphs (b) and (c) of the definition of

this

jurisdiction

)

Repeal the paragraphs, substitute:

(b) each Territory (including its coastal sea, if any); and

33 Subsection 254Q(3)

Omit "daily newspaper circulating generally throughout Australia",

substitute "national newspaper".

34 Subsection 254Q(4)

Omit "daily newspaper circulating generally in Australia", substitute

"national newspaper".

35 After subsection 254Q(4)

Insert:

(4A) A

national newspaper

is a daily newspaper that circulates

generally, either in printed form or online, in Australia.

Note:

For

daily newspaper

, see section 9.

36 Section 527

Omit "Capital Territory", substitute "Australian Capital Territory".

37 Subparagraph 581(2)(a)(i)

Repeal the subparagraph.

38 Subsections 581(3) and (4)

Omit "an external Territory, or of a country other than Australia,",

substitute "a country other than Australia".

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39 Paragraphs 900A(1)(b) and (c)

Repeal the paragraphs, substitute:

(b) a Territory; or

40 Paragraph 916G(7)(a)

Omit "an external Territory or of a country outside Australia and the

external Territories", substitute "a country outside Australia".

41 Subsection 1044B(1)

Omit ", the Australian Capital Territory or the Northern Territory",

substitute "or Territory".

42 Subsections 1337B(2) and (3)

Repeal the subsections, substitute:

(2) Subject to section 9 of the

Administrative Decisions (Judicial

Review) Act 1977

, jurisdiction is conferred on each State or

Territory Supreme Court with respect to civil matters arising under

the Corporations legislation.

(3) Despite section 9 of the

Administrative Decisions (Judicial Review)

Act 1977

, jurisdiction is conferred on each State or Territory

Supreme Court with respect to matters arising under that Act

involving or related to decisions made, or proposed or required to

be made, under the Corporations legislation by a Commonwealth

authority or an officer of the Commonwealth.

Note 1:

The Federal Court also has jurisdiction with respect to these matters

under that Act.

Note 2:

A State or Territory Supreme Court may be required to transfer a

proceeding with respect to such a matter to the Federal Court: see

subsection 1337H(3).

43 Paragraph 1337D(5)(b)

Omit "the Supreme Court of a State, the Capital Territory or the

Northern Territory", substitute "a State or Territory Supreme Court".

44 Subsection 1337E(1)

Repeal the subsection, substitute:

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(1) Subject to section 9 of the

Administrative Decisions (Judicial

Review) Act 1977

, jurisdiction is conferred on each State or

Territory court that is a lower court with respect to civil matters

(other than superior court matters) arising under the Corporations

legislation.

45 Subsection 1337F(2)

Omit all the words before paragraph (b), substitute:

(2) An appeal may not be instituted from a decision of a court of the

Australian Capital Territory or from the Supreme Court of Norfolk

Island to:

(a) a court of a State or a court of another Territory; or

46 Paragraph 1337P(1)(a)

Omit "or in an external Territory".

47 Subsection 1337P(3) (paragraph (b) of the definition of

relevant jurisdiction

)

Omit "court of a State, the Capital Territory or the Northern Territory",

substitute "court of a State or Territory".

48 Subsections 1337T(1) and (2)

Before "Capital Territory", insert "Australian".

49 Subsection 1338B(1)

Omit "the several courts of each State, the Capital Territory and the

Northern Territory", substitute "a court of a State or Territory".

50 Paragraph 1338B(1)(a)

Omit "the laws of the State, the Capital Territory or the Northern

Territory", substitute "the laws of the State or Territory concerned".

51 Subsection 1338B(1)

Omit "have the equivalent jurisdiction", substitute "has the equivalent

jurisdiction".

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52 Subsection 1338B(3)

Omit "a State, the Capital Territory or the Northern Territory",

substitute "the State or Territory concerned".

53 Paragraph 1338B(3)(a)

Omit "a relevant law", substitute "the relevant law".

54 Subsection 1338B(8)

Omit "court of a State, the Capital Territory or the Northern Territory",

substitute "State or Territory court".

55 Subsection 1338C(1)

Omit ", the Capital Territory or the Northern Territory", substitute "or

Territory".

National Consumer Credit Protection Act 2009

56 Subsection 5(1) (definition of

Australia

)

Repeal the definition (including the note).

57 Subsection 5(1) (definition of

Territory

)

Repeal the definition, substitute:

Territory

(a) means the following:

(i) the Australian Capital Territory;

(ii) the Jervis Bay Territory;

(iii) the Northern Territory;

(iv) Norfolk Island;

(v) the Territory of Christmas Island;

(vi) the Territory of Cocos (Keeling) Islands; and

(b) when used in a geographical sense--includes the Territory's

coastal sea (if any).

58 Paragraph 73(10)(a)

Omit "an external Territory or of a country outside Australia and the

external Territories", substitute "a country outside Australia".

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59 Subsection 187(1) (table item 3)

Repeal the item, substitute:

A superior court of a State or

Territory

The court's general jurisdictional

limits, including limits as to locality

and subject matter.

A lower court of a State, or of a

Territory other than Norfolk Island

The court's general jurisdictional

limits, including limits as to locality

and subject matter.

60 Section 189 (at the end of the table)

Add:

The Supreme Court of Norfolk

Island

(a) the Federal Circuit Court;

(b) a court of a State;

61 After subsection 204(2)

Insert:

(2A) However, this section does not apply in relation to the jurisdiction

of a lower court of Norfolk Island.

62 Subsection 204(1) of the

National Credit Code

Repeal the following definitions:

(a) definition of

Australia

;

(b) definition of

Commonwealth

63 Subsection 204(1) of the

National Credit Code

Insert:

Territory

(a) means the following:

(i) the Australian Capital Territory;

(ii) the Jervis Bay Territory;

(iii) the Northern Territory;

(iv) Norfolk Island;

(v) the Territory of Christmas Island;

(vi) the Territory of Cocos (Keeling) Islands; and

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(b) when used in a geographical sense----includes the

Territory's coastal sea (if any).

Division 2

--Acts administered by ASIC: application,

saving and transitional provisions

Australian Securities and Investments Commission Act 2001

64 In the appropriate position

Insert:

Part 35--Transitional provisions relating to the

Territories Legislation Amendment Act

2020

334 Transitional rules

(1) ASIC may, by legislative instrument, make rules prescribing

matters of a transitional nature (including prescribing any saving or

application provisions) relating to the amendments of this Act

made by Division 1 of Part 1 of Schedule 2 to the

Territories

Legislation Amendment Act 2020.

(2) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

335 Repeal of this Part

This Part is repealed at the end of the first Monday after the period

of 12 months beginning on the day Division 1 of Part 1 of

Schedule 2

Amendments of Treasury Acts

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No. , 2020

Schedule 2 to the

Territories Legislation Amendment Act 2020

commences.

Corporations Act 2001

65 In the appropriate position in Chapter 10

Insert:

Part 10.51--Transitional provisions relating to the

Territories Legislation Amendment Act

2020

1678 Definitions

In this Part:

amending Act

means the

Territories Legislation Amendment Act

2020.

commencement

means the commencement of Division 1 of Part 1

of Schedule 2 to the amending Act.

commencement day

means the day on which commencement

occurs.

eligible

: a corporation is

eligible

for registration as a company

under Part 5B.1 of this Act if:

(a) it is a registered company under the Norfolk Island

Companies Act, other than a foreign company registered

under Part 25 of that Act; and

(b) the corporation is not a Chapter 5 body corporate; and

the Supreme Court of Norfolk Island that has not been dealt

with; and

(d) no application to approve a compromise or arrangement

between the corporation and another person has been made to

the Supreme Court of Norfolk Island that has not been dealt

with.

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Norfolk Island Companies Act

means the

Companies Act 1985

Norfolk Island.

personal information

has the same meaning as in the

Privacy Act

1988

1678A Registration of Norfolk Island companies--general

Scope of section

(1) This section applies to a corporation that is eligible for registration

as a company under Part 5B.1.

Registration

(2) ASIC must register the corporation as a company under Part 5B.1

on the commencement day, as if it had received an application for

registration from the corporation in accordance with

section 601BC.

(3) ASIC must register the corporation:

(a) as a type of company corresponding to whichever of the

types covered by subsection (4) corresponds to its type under

the Norfolk Island Companies Act immediately before

commencement; and

(b) with the same characteristics and attributes as the corporation

had immediately before commencement.

Note:

Most eligible corporations will retain the same name, registered office,

directors and members. However, for whether the corporation retains

the same name and directors, see subsections 1678B(4) and (8).

(4) This subsection covers the following types of company:

(a) a proprietary company limited by shares;

(b) an unlimited proprietary company;

guarantee;

(d) a public company limited by shares;

(e) an unlimited public company;

(f) a company limited by guarantee;

(g) a public company limited both by shares and by guarantee;

(h) a no liability company.

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Note:

This list includes some types of company not covered by

subsection 601BA(1).

(5) However, the corporation must not be registered if, immediately

before commencement, it is no longer eligible for registration as a

company under Part 5B.1.

Note:

The corporation is no longer eligible for registration if it has ceased to

be registered under the Norfolk Island Companies Act, if it has started

to be a Chapter 5B body corporate or if an application for winding up

or to approve a compromise or arrangement had been made to the

Supreme Court of Norfolk Island.

References to companies in this and other laws

(6) On and after commencement, in this and any other Act, and any

instrument under an Act, a reference to a company registered under

a Territory law, or under a law of Norfolk Island, is taken not to

include a reference to a corporation registered as a company under

Part 5B.1 for the purposes of this section.

1678B Registration of Norfolk Island companies--registration

process and other matters

Scope

(1) This section applies to an eligible corporation that is registered as a

company under Part 5B.1 for the purposes of section 1678A.

(2) ASIC must comply with subsections (3) and (4) of this section to

the extent practicable, having regard to any information disclosed

under section 1678C.

Registration process

(3) On the registration of the company, ASIC must:

(a) give the company an ACN; and

(b) issue a certificate that states:

(i) the company's name (see subsection (4) of this section);

and

(ii) the company's ACN; and

(iii) the company's type (see subsection 1678A(4)); and

(iv) that the company is registered as a company under this

Act; and

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(v) that the company is taken to be registered in Norfolk

Island; and

(vi) the date of the company's registration.

Note:

The date of the company's registration is the commencement day (see

subsection 1678A(2)).

Company name

(4) Despite section 601BF, ASIC must register the company with a

name consisting of:

(a) either:

(i) the corporation's name immediately before

commencement; or

(ii) if that name is prescribed by regulations made for the

purposes of paragraph 147(1)(c) as unacceptable for

registration--a name that consists of the expression

"Australian Company Number" followed by the

company's ACN; and

(b) the words required by subsection 148(2) or (3).

(5) If the company is registered with a name that is identical or nearly

identical to a name that is reserved or registered for another body

or entity under an Act covered by subsection (6),

the company's

registration with that name does not affect the availability of the

name to the company or to the other body or entity under such an

Act, despite any provision of such an Act to the contrary.

(6) The Acts covered by this subsection are:

(a) this Act;

(b) the

Business Names Registration Act 2011

;

Business Names Registration (Transitional and

Consequential Provisions) Act 2011

Company constitution

(7) The company's constitution on registration is the memorandum

and articles of association of the corporation as in force

immediately before commencement.

Note:

Section 601BG (which deals with the constitutions of companies

registered under Part 5B.1) does not apply to the company. But within

3 months after the date of registration, the company must modify its

constitution to give effect to Part 5B.1 (see section 601BH).

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Company directors

(8) If, immediately before commencement, a person who is a director

of the corporation does not meet the requirements of section 201B,

that person does not become a director of the company on its

registration.

1678C Registration of Norfolk Island companies--provision of

information

(1) For the purposes of ASIC performing functions or duties, or

exercising powers, under this Part, or any rules made under

section 1678D:

(a) the Registrar of Companies under the Norfolk Island

Companies Act (the

Norfolk Island Registrar

) may disclose

to ASIC information (including personal information)

obtained for the purposes of that Act; and

(b) ASIC may record or use information disclosed under

paragraph (a); and

information (including personal information) obtained for the

purposes of this Act; and

(d) the Norfolk Island Registrar may record or use information

disclosed under paragraph (c).

(2) In addition, for the purposes mentioned in subsection (1):

(a) ASIC may, by written notice given to an eligible corporation,

request the corporation to provide specified information

(including personal information) in relation to the registration

of the corporation as a company under Part 5B.1; and

(b) the eligible corporation may disclose the requested

information to ASIC; and

paragraph (b).

Note:

This section constitutes an authorisation for the purposes of the

Privacy Act 1988

and other laws (including the common law).

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1678D Transitional rules

(1) ASIC may, by legislative instrument, make rules prescribing

matters of a transitional nature (including prescribing any saving or

application provisions) in relation to the following:

(a) the amendments of this Act made by Division 1 of Part 1 of

Schedule 2 to the

Territories Legislation Amendment Act

2020

;

(b) the amendments of this and any other Act made by the

Treasury Laws Amendment (Registries Modernisation and

Other Measures) Act 2020

;

of that Act.

Note 1:

The amendments mentioned in paragraph (a) included the insertion of

this Part.

Note 2:

The Norfolk Island Companies Act may be repealed by an amendment

of the

Norfolk Island Continued Laws Ordinance 2015

(2) Without limiting subsection (1), rules under that subsection may

include:

(a) rules providing for the Registrar under this Act to exercise

powers, or perform functions, of ASIC under this Part; and

(b) rules in relation to the registration of a particular corporation

or corporations under Part 5B.1.

(3) A rule of the kind mentioned in paragraph (2)(b) must specify a

period, ending no later than the end of the day that is 2 years after

the commencement day, during which it is to remain in force for

the purposes of subsection 1678E(1).

(4) To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act.

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(5) This section is repealed at the end of the first Monday after the

period of 12 months beginning on the commencement day.

1678E Saving of rules in relation to particular corporations

(1) Despite the repeal of section 1678D by subsection (5) of that

section, a rule of the kind mentioned in paragraph 1678D(2)(b)

continues in force until the earlier of the following times:

(a) the end of the period specified under subsection 1678D(3) for

the rule;

(b) when the rule is repealed under subsection (2).

Note:

Paragraph 1678D(2)(b) provides that ASIC may make rules under

subsection 1678D(1) in relation to the registration of a particular

corporation or corporations.

(2) A rule of the kind mentioned in paragraph 1678D(2)(b) may, under

this subsection, be repealed before the end of the period specified

under subsection 1678D(3).

1678F Director identification numbers--Norfolk Island company

directors

Scope

(1) This section applies if commencement (within the meaning of this

Part) occurs on or after the application day within the meaning of

subsection 1653(1).

(2) This section applies in relation to a person who:

(a) is not an eligible officer immediately before commencement;

and

(b) becomes an eligible officer because of the registration of a

company under Part 5B.1 for the purposes of section 1678A

(which deals with the registration of former Norfolk Island

companies).

Note:

When such a company is registered, the former directors of the

Norfolk Island company generally become directors of the registered

company (see subsection 1678A(3)). Such a director is an eligible

officer (see section 1272B).

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Transitional application period for Norfolk Island company

directors to apply for director identification numbers

(3) If a period (the

transitional application period

) is specified under

subsection (5) of this section, section 1272C applies to the person

as if:

(a) the reference in subparagraph 1272C(2)(a)(ii) to an

application period specified by regulations were instead a

reference to the transitional application period; and

(b) the reference in subparagraph 1272C(2)(a)(ii) to the start of

the application period specified by regulations were instead a

reference to when the transitional application period came

into effect; and

a longer period (if any) allowed by the Registrar under

section 1272E were instead a reference to when the

transitional application period came into effect.

Note:

Section 1272C requires an eligible officer to have a director

identification number, but allows a certain time (an application period)

within which an application can be made for a director identification

number.

(4) Until a transitional application period comes into effect,

section 1272C does not apply to the person.

(5) The Minister may, by legislative instrument, specify a transitional

application period for the purposes of subsection (3).

(6) Subsection 1653(4) does not apply to the person.

Note:

Subsection 1653(4) applies a default period of 28 days under

section 1272C within which an application can be made for a director

identification number.

National Consumer Credit Protection (Transitional and

Consequential Provisions) Act 2009

66 In the appropriate position

Insert:

Schedule 2

Amendments of Treasury Acts

Part 1

Acts administered by ASIC

Territories Legislation Amendment Bill 2020

No. , 2020

Schedule 18--Application and transitional

provisions for the Territories

Legislation Amendment Act 2020

1 Transitional rules

(1)

ASIC may, by legislative instrument, make rules prescribing matters of

a transitional nature (including prescribing any saving or application

provisions) relating to the amendments of the National Credit Act made

by Division 1 of Part 1 of Schedule 2 to the

Territories Legislation

Amendment Act 2020

(2)

To avoid doubt, the rules may not do the following:

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

(d) set an amount to be appropriated from the Consolidated

Revenue Fund under an appropriation in this Act;

(e) directly amend the text of this Act or the National Credit Act.

2 Repeal of this Schedule

This Schedule is repealed at the end of the first Monday after the period

of 12 months beginning on the day Division 1 of Part 1 of Schedule 2 to

the

Territories Legislation Amendment Act 2020

commences.

Amendments of Treasury Acts

Schedule 2

Other Treasury Acts

Part 2

No. , 2020

Territories Legislation Amendment Bill 2020

Part 2--Other Treasury Acts

Competition and Consumer Act 2010

67 Subsection 4(1) (definition of

authority

)

Omit "(including an external Territory),", substitute ", and each external

Territory,".

68 Subsection 4(1) (at the end of the definition of

authority

)

Add:

Note:

Commonwealth of Australia Bills

TERRITORIES LEGISLATION AMENDMENT BILL 2020