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Schedule 1—Amendments of Territory Acts

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:

             (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

                     (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  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 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

                     (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

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 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:

        (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

                     (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 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”.

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:

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

                     (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 8G(3)(a)

Omit “specified”.

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.

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

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, 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

                     (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 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”.

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:

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).

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.

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

                     (c)  an enactment; 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;

                     (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 of 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 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

                     (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 authority (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 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), 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; 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

          (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

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  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 (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

                     (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 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.

             (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.

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

                     (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 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.

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

                     (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 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.

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)  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 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

                     (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)       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:

                     (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.

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.

             (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

                     (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)  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.

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”.

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:

             (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.

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.

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; 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 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

                     (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 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

                     (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 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

                     (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 court immediately before that time; or

                     (b)  proceedings had been completed in that court 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 subitem, have the jurisdiction under subsection 60AA(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 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

                     (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 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

                     (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  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.

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 ;

                     (c)  definition of 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:

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

                     (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 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 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

                     (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, 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;

                     (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 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:

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.

(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.