Commonwealth Consolidated Acts Commonwealth Consolidated ActsPart 1 -- Applied laws, d elegation s and other matters
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 functio n 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 law s.
6 At the end of section 7
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.
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 " West ern Australian law s " .
8 At the end of subsection 8A(1)
Add:
Note: A Western Australian law as in force in the Territory under this section is a n 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
(c) does not include:
(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 S ubsection s 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
(c) the Governor - in - Council of Western Australia;
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 a n 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 incorpor ation, amendment or repeal of a n applied Western Australian law .
12 Paragraph 8 G(3)(a)
Omit "specified".
13 Paragraph 8 G(3)(b)
Omit "specified person", substitute "person or authority".
14 Subsections 8G(4) to ( 6 )
Repeal the subsection s , 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 ( 5 A ) or (5 B )--if authorised to do so , in writing, by the Minister.
Deemed vesting of powers--Western Australian persons and authorities exercising powers in Christmas Island
(5 A ) 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
(5 B ) 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 |
1 | A power that corresponds to a power vested by a Western Australian law in a police force (however described) | The Australian Federal Police |
2 | 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 |
3 | 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 |
4 | 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 |
5 | 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 pe rson 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:
(10A) Subject to any direction or delegation under this section, i f a power vested by a n applied Western Australian law in a person or authority (the first mentioned person or authority ) is vested in another person or authority under th is 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 a n 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
(c) a person or authority delegates to another person or authority, 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 law s
(4) A n 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 1 0D(1A)(b)
Omit "a Western Australian law as in force in the Territory under section 8A", substitute " an applied Western Australian law ".
22 Paragraph 1 1A(b)
Omit "or duty".
23 Paragraph 1 1A(b)
Omit "or the performance of that duty".
24 Paragraph 1 4E(c)
Omit "or power".
25 Subparagraphs 14 E (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:
"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 7 A(d)
Repeal the paragraph, substitute:
(d) applied Western Australian law s.
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", subs titute "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
(c) does not include:
(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.
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
(c) the Governor - in - Council of Western Australia;
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 8 G(3)(a)
Omit "specified".
39 Paragraph 8 G(3)(b)
Omit "specified person", substitute "person or authority".
40 Subsections 8G(4) to ( 6 )
Repeal the subsection s , 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 authorit y:
(a) if authorised to do so by the direction; or
(b) in the case of a deemed direction under subsection ( 5 A ) or (5 B )--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
(5 A ) 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 Cocos (Keeling) Islands
(5 B ) 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 |
1 | A power that corresponds to a power vested by a Western Australian law in a police force (however described) | The Australian Federal Police |
2 | 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 |
3 | 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 |
4 | 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 |
5 | 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.
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, i f 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 t his 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
(c) a person or authority delegates to another person or authority, 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 law s
(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".
47 Paragraph 1 3D(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 1 5AAE(f)
Omit "or duties".
50 Paragraph 1 6(1)(c)
Omit "or duty".
51 Paragraph 1 6(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.
53 Subsection 4(1)
Insert:
"amended" : for when a n 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 ).
"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 be ing 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 1 5
Omit "After the final transition time, the", substitute " (1) The".
59 Paragraph 1 5 (e)
Repeal the paragraph, substitute :
(e ) applied laws .
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 1 8 A
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
(c) an enactment; or
( d ) a law of another applied law j urisdiction 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;
( c ) a law of another applied law jurisdiction;
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 o f the law of that jurisdiction; and
(c) does not include:
(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 1 8B (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
(c) the Governor - in - Council of the State;
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 authori ty (other than a court of the State ) ; and
( b) subsection ( 1 ) does not apply to that power;
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 1 8B(3)(a)
Omit "specified".
65 Paragraph 1 8B(3)(b)
Omit "specified person", substitute "person or authority".
66 Subsection s 18B(4) to ( 6 )
Repeal the subsection s , 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 ( 5 A ) or (5 B )--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 ( 5 A ) or (5 B )--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
(5 A ) If a power under an applied State law is vested in the responsible Commonwealth Minister under paragraph ( 1)(a) or subsection ( 2) , 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 l aw of the State ; 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 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
(5 B ) 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 |
1 | A power that corresponds to a power vested by a law of the State in a police force (however described) | The Australian Federal Police |
2 | 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 member of the Australian Federal Police holding, occupying or exercising the powers of a corresponding office or position in Norfolk Island |
3 | 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 |
4 | 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 |
5 | 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 Subsection s 18B (9) to (1 2 )
Repeal the subsection s , 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 ( whether the subordinate law is made before or after the final transition time ) .
( 11 ) Subject to any direction or delegation made under this section, i f 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 jurisdictio n .
(13) An instrument under this section is not a legislative instrument.
68 Section 1 8C (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 th e 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
(c) an officer or employee of an authority established by or under a law of the State.
72 At the end of Division 1 of Part I V
Add :
18D Powers under applied Territory laws
Vesting of powers
( 1 ) If , by an applied Territory law, a power is vested i n:
(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 vest ed in a person or authority by a n 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.
( 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 l aw 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 u nder a law of that Territory .
(1 0 ) This section does not affect the operation of section 18 A 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).
(1 1) Subject to any direction or delegation made under this section, i f 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 th is 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 .
(1 3 ) An instrument under this section is not a legislative instrument.
18E Applied laws--effect of directions and delegations
Scope
(1) This section applies if :
(a) the responsibl e 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 a nother 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 a n applied law ; or
( c ) a person or authority delegates to another person or authority, under subsection 18B(5) or 18D( 6 ), all the powers of a person or authority (also the first mentioned person or authority ) under a n 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.
Amendments of applied laws
(4) A n 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 I X
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
(c) powers vested in a person or authority, whether vested before 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 c ommences.
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.
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
( c ) powers vested in a person or authority , whether vested before or after the commencement time; and
( d ) directi ons 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 c ommences.
new l aw 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 18 E 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
(c) powers vested in a person or authority, whether vested before 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 ) S ubject 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 ha d 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:
(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 c ommences.
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.
Part 2 -- Jurisdiction of Norfolk Island courts
78 Subsection 4(1)
Insert:
"prescribed" State or Territory means a State or Territory prescribed for the purposes of subsection 6 0AA(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.
( 2 ) T he 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 ) S ection 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
( c ) a reference in that section to the conferral of jurisdiction on 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) T he 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 app licable.
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 18 A(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
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 ".
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".
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 60A A of the Norfolk Island Act 1979 .
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 60A A of the Norfolk Island Act 1979 .
Olympic Insignia Protection Act 1987
90 At the end of section 68
Add:
(3) This section, so far as it relates to the Supreme Court of Norfolk Island, has effect subject to section 60A A of the Norfolk Island Act 1979 .
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 60A A of the Norfolk Island Act 1979 .
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 60A A 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 c ourt established by section 5 of the Court of Petty Sessions Act 1960 (Norfolk Island).
judicial transition time : see item 9 6 .
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 9 5 .
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 6 0AA(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 c ourt immediately before that time; or
(b) proceedings had been completed in that c ourt before that time.
(2) The judicial transition time is the time prescribed by the regulati ons for the purposes of this item.
Transfer of jurisdiction
( 3 ) Subject to the Constitution, a fter 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 sub it em, have the jurisdiction under subsection 6 0AA(2) of the new law -- that court ; or
(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 sub item .
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 c ourt 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 sub item 9 6 ( 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
( b ) all documents filed in the Supreme Court of Norfolk Island in the proceedings are to be transmitted to the prescribed court; and
( c ) 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
( 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
( c ) 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
( 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 .
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 c ourt must t ransfer all proceedings in the c ourt (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 sub item 9 6 ( 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
(c) 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.
(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
(c) have regard to any evidence or argument in the proceedings in the Supreme Court of Norfolk Island.
Transfer to Supreme Court of prescribed State or Territory
( 4 ) If p roceedings 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
(c) 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 .
( 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
(c) have regard to any evidence or argument in the proceedings 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 c ourt immediately before that time; or
(b) proceedings had been completed in that c ourt before that time.
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 sub item, have the jurisdiction under subsection 6 0AA(2) of the new law -- that court ; or
(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 sub item .
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 c ourt 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 sub item 9 9 (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
( c ) 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
( 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
( c ) 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
(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 c ourt must transfer all proceedings in the c ourt (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 9 9 (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
(c) 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.
(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
(c) have regard to any evidence or argument in the proceedings 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
(ii) is taken to be money lodged with the Supreme Court of the prescribed State or Territory in relation to the proceedings; and
(c) 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 .
( 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
(c) have regard to any evidence or argument in the proceedings 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 P ower to make Ordinances
Subject to items 102 and 103 , t his Division does not, by implication, limit the matters that can be dealt with by a section 19A Ordinance.
Part 3 -- Supreme Court of Norfolk Island
105 Subsection 4(1)
Repeal the following definitions:
(a) definition of Chief Justice ;
( b ) definition of civil matter ;
( c ) definition of host jurisdiction .
106 Subsection 4(1)
Insert:
"issuing" officer : a person is an issuing officer for the purpose s 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 m agistrate of the prescribed State or Territory .
107 Subsection 4(1)
Repeal the following definitions:
( a ) definition of Judge ;
( b ) definition of Supreme Court ;
108 Division s 1 and 2 of Part VII
Repeal the Division s .
109 Division 3 of Part VII (heading)
Repeal the heading.
110 Subdivision B of Division 1 of Part VIIA (heading)
Repeal the heading, substitute:
Subdivision B -- Hearing criminal matters in prescribed State or Territory
111 Section 60 B
Repeal the section .
112 S ection 60C
R epeal 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) T he court may, in accor dance 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 ha s 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
( c ) if the court is sitting in the prescribed State or Territory--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:
( i ) the accused is represented; and
( ii ) the c ourt is satisfied that the accused understands the effect of the order.
(5) If the court makes an order under subsection ( 2), the c ourt may order that:
(a) on the warrant of an issuing officer , the accused be removed to t he 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 S ubsection s 60F(1) to ( 3 )
Repeal the subsection s , substitute :
(1) If a court of a prescribed State or Territory makes an order u nder subsection 6 0C(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 deliver ed 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 accused's detention is necessary for the execution of the order under subsection 6 0C(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 t he prescribed State or Territory may order that the accused be conveyed to the c ourt 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 S ection 60H
R epeal 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
(c) any jurors empanelled for the trial go to Norfolk Island and remain there for such time as the court directs for the purpose of continuing to attend as jurors in the trial.
(2) However, t he 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;
(c) a purpose prescribed by regulations made for the purposes of 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 6 0J(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 6 0J(2)(b)
Omit "jurisdiction", substitute "State or Territory".
123 Subsection 60K(1)
Omit "host jurisdiction", substitute "prescribed State or Territory".
124 Paragraph 6 0 K(2)(b)
Omit "jurisdiction", substitute "State or Territory".
125 Section 60L (heading)
Repeal the heading, substitute:
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 VII A
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 6 7 (a)
Omit " subsection 6 0C(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 c ommences.
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 --p ower 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 .
(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 .