{"id":"C2004A02035","name":"Norfolk Island Act 1979","slug":"norfolk-island-act-1979","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"25 of 1979","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":6780,"registerId":"commonwealth-C2004A02035-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Norfolk Island Act 1979.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n (1) Sections 1, 2, 4, 31, 38, 39, 67, 68 and 69 shall come into operation on the day on which this Act receives the Royal Assent.\n (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Repeals","content":"#### 3 Repeals\n\n The Norfolk Island Act 1957 and the Norfolk Island Act 1963 are repealed.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> amended: for when an applied law is amended, see subsection 18E(4).\n\n> applied law means:\n\n (a) an applied State law; or\n (b) an applied Territory law.\n\n> applied law jurisdiction: see section 5.\n\n> applied State law means a law of an applied law jurisdiction that is a State, as in force in Norfolk Island under section 18A.\n\n> applied Territory law means a law of an applied law jurisdiction that is a Territory, as in force in Norfolk Island under section 18A.\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authority includes a body corporate, or an unincorporated body, established for a public purpose.\n\n> Chief Justice means the Chief Justice of the Supreme Court.\n\n> civil matter means any matter that may be determined by the Supreme Court other than in the exercise of its criminal jurisdiction.\n\n> Commonwealth Minister means a Minister of State of the Commonwealth.\n\n> constable means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) a member of the Police Force of Norfolk Island.\n\n> court officer, of a State or Territory that is an applied law jurisdiction, means a person holding, occupying or exercising the powers of:\n\n (a) any of the following offices in a court of that jurisdiction:\n (i) Judge;\n (ii) Magistrate (however described);\n (iii) Master;\n (iv) Registrar (however described);\n (v) Clerk (however described);\n (vi) Sheriff (however described);\n (vii) Bailiff (however described); or\n (b) any other office, prescribed by the regulations for the purposes of this paragraph, of a court of that jurisdiction.\n\n> enactment means:\n\n (a) a section 19A Ordinance; or\n (b) an Ordinance continued in force by this Act; or\n (c) a Legislative Assembly law continued in force by this Act.\n\n> final transition time means the commencement of Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015.\n\n> host jurisdiction means any of the following:\n\n (a) a State;\n (b) the Australian Capital Territory;\n (c) the Northern Territory.\n\n> interim transition time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Legislation Amendment Act 2015.\n\n> Judge means a Judge of the Supreme Court (including the Chief Justice).\n\n> law of an applied law jurisdiction: see subsection 18A(6).\n\n> Legislative Assembly means the Legislative Assembly of Norfolk Island that was in existence before the interim transition time.\n\n> Legislative Assembly law means a law (however described or entitled) passed by the Legislative Assembly, and assented to under this Act, before the interim transition time.\n\n> Magistrate of the Territory means a person appointed as a magistrate under a law in force in the Territory.\n\n> Norfolk Island: see the definition of Territory.\n\n> Norfolk Island Regional Council means a body that is:\n\n (a) established by or under a law in force in the Territory; and\n (b) declared by a section 19A Ordinance to be the Norfolk Island Regional Council for the purposes of this definition.\n\n> power includes a function or duty, and, in that context, exercise means perform.\n\n> prescribed State or Territory means a State or Territory prescribed for the purposes of subsection 60AA(1).\n\n> prison includes a lock‑up or other place of lawful detention.\n\n> Registrar means the Registrar, or the Deputy Registrar, of the Supreme Court.\n\n> responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.\n\n> section 19A Ordinance means an Ordinance made under section 19A after the interim transition time.\n\n> Sheriff means the Sheriff, or the Deputy Sheriff, of the Territory.\n\n> Supreme Court means the Supreme Court of Norfolk Island referred to in section 52.\n\n> Territory, or Norfolk Island, means the Territory of Norfolk Island and, when used in a geographical sense, means the area described in Schedule 1.\n\n (3) A reference in this Act to a law, or to regulations, in force immediately before a particular date shall be read as including a reference to any provisions of the law, or of the regulations, that are not to come into operation until that date or a later date.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of applied law jurisdiction","content":"#### 5 Meaning of applied law jurisdiction\n\n (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:\n (a) New South Wales;\n (b) a State or Territory (if any) prescribed for the purposes of paragraph (2)(a).\n (2) The regulations may provide for:\n (a) a State or Territory (other than Norfolk Island) to be an applied law jurisdiction; or\n (b) a State (including New South Wales) or a Territory to stop being an applied law jurisdiction.\n (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).","sortOrder":5},{"sectionNumber":"Part IV","sectionType":"part","heading":"Legislation","content":"An Act to provide for the government of Norfolk Island\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Norfolk Island Act 1979.\n\n#### 2 Commencement\n\n (1) Sections 1, 2, 4, 31, 38, 39, 67, 68 and 69 shall come into operation on the day on which this Act receives the Royal Assent.\n (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Repeals\n\n The Norfolk Island Act 1957 and the Norfolk Island Act 1963 are repealed.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> amended: for when an applied law is amended, see subsection 18E(4).\n\n> applied law means:\n\n (a) an applied State law; or\n (b) an applied Territory law.\n\n> applied law jurisdiction: see section 5.\n\n> applied State law means a law of an applied law jurisdiction that is a State, as in force in Norfolk Island under section 18A.\n\n> applied Territory law means a law of an applied law jurisdiction that is a Territory, as in force in Norfolk Island under section 18A.\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authority includes a body corporate, or an unincorporated body, established for a public purpose.\n\n> Chief Justice means the Chief Justice of the Supreme Court.\n\n> civil matter means any matter that may be determined by the Supreme Court other than in the exercise of its criminal jurisdiction.\n\n> Commonwealth Minister means a Minister of State of the Commonwealth.\n\n> constable means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) a member of the Police Force of Norfolk Island.\n\n> court officer, of a State or Territory that is an applied law jurisdiction, means a person holding, occupying or exercising the powers of:\n\n (a) any of the following offices in a court of that jurisdiction:\n (i) Judge;\n (ii) Magistrate (however described);\n (iii) Master;\n (iv) Registrar (however described);\n (v) Clerk (however described);\n (vi) Sheriff (however described);\n (vii) Bailiff (however described); or\n (b) any other office, prescribed by the regulations for the purposes of this paragraph, of a court of that jurisdiction.\n\n> enactment means:\n\n (a) a section 19A Ordinance; or\n (b) an Ordinance continued in force by this Act; or\n (c) a Legislative Assembly law continued in force by this Act.\n\n> final transition time means the commencement of Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015.\n\n> host jurisdiction means any of the following:\n\n (a) a State;\n (b) the Australian Capital Territory;\n (c) the Northern Territory.\n\n> interim transition time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Legislation Amendment Act 2015.\n\n> Judge means a Judge of the Supreme Court (including the Chief Justice).\n\n> law of an applied law jurisdiction: see subsection 18A(6).\n\n> Legislative Assembly means the Legislative Assembly of Norfolk Island that was in existence before the interim transition time.\n\n> Legislative Assembly law means a law (however described or entitled) passed by the Legislative Assembly, and assented to under this Act, before the interim transition time.\n\n> Magistrate of the Territory means a person appointed as a magistrate under a law in force in the Territory.\n\n> Norfolk Island: see the definition of Territory.\n\n> Norfolk Island Regional Council means a body that is:\n\n (a) established by or under a law in force in the Territory; and\n (b) declared by a section 19A Ordinance to be the Norfolk Island Regional Council for the purposes of this definition.\n\n> power includes a function or duty, and, in that context, exercise means perform.\n\n> prescribed State or Territory means a State or Territory prescribed for the purposes of subsection 60AA(1).\n\n> prison includes a lock‑up or other place of lawful detention.\n\n> Registrar means the Registrar, or the Deputy Registrar, of the Supreme Court.\n\n> responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.\n\n> section 19A Ordinance means an Ordinance made under section 19A after the interim transition time.\n\n> Sheriff means the Sheriff, or the Deputy Sheriff, of the Territory.\n\n> Supreme Court means the Supreme Court of Norfolk Island referred to in section 52.\n\n> Territory, or Norfolk Island, means the Territory of Norfolk Island and, when used in a geographical sense, means the area described in Schedule 1.\n\n (3) A reference in this Act to a law, or to regulations, in force immediately before a particular date shall be read as including a reference to any provisions of the law, or of the regulations, that are not to come into operation until that date or a later date.\n\n#### 5 Meaning of applied law jurisdiction\n\n (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:\n (a) New South Wales;\n (b) a State or Territory (if any) prescribed for the purposes of paragraph (2)(a).\n (2) The regulations may provide for:\n (a) a State or Territory (other than Norfolk Island) to be an applied law jurisdiction; or\n (b) a State (including New South Wales) or a Territory to stop being an applied law jurisdiction.\n (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).\n\n## Part IV—Legislation\n\n### Division 1—Laws\n\n#### 15 Laws in force in the Territory\n\n (1) The laws in force in the Territory from time to time are:\n (a) Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and\n (b) laws made under Acts to the extent that those laws are in force from time to time in, or in relation to, the Territory; and\n (c) section 19A Ordinances as in force from time to time; and\n (d) laws continued in force by section 16 or 16A (including such a law as amended in accordance with section 17); and\n (e) applied laws.\n (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.\n\n#### 16 Continuance of laws in force immediately before 7 August 1979\n\n (1) Notwithstanding the repeal of the Norfolk Island Act 1957 and the Norfolk Island Act 1963, but subject to this Act, all other laws in force immediately before the date of commencement of this section in or in relation to the Territory continue in force.\n\n> Note: This section commenced on 7 August 1979.\n\n (2) In this section, laws means Ordinances made under, and laws continued in force by, the Norfolk Island Act 1957 and laws made under such an Ordinance or law.\n\n#### 16A Continuance of certain laws in force immediately before the interim transition time\n\n (1) Subject to this Act, all Legislative Assembly laws that were in force immediately before the interim transition time continue in force.\n (2) Subject to this Act, all Ordinances made under this Act that were in force immediately before the interim transition time continue in force.\n (3) A reference in this section to a Legislative Assembly law includes a reference to a law made under a Legislative Assembly law.\n (4) A reference in this section to an Ordinance made under this Act includes a reference to a law made under such an Ordinance.\n (5) This section has effect despite the repeal of sections 19 and 27 by the Norfolk Island Legislation Amendment Act 2015.\n\n#### 17 Amendment and repeal of existing laws\n\n (1) Subject to this Act, a law continued in force by section 16 may be amended or repealed by an enactment or by a law made under an enactment.\n (2) A law continued in force by section 16, being an Ordinance, or being a Law made by the Governor of the State of New South Wales before the commencement of the Norfolk Island Act 1913, may not be amended or repealed by a law made under an enactment unless the contrary intention appears in that enactment.\n (3) Subject to this Act, a law continued in force by section 16 or 16A may be amended or repealed by a section 19A Ordinance or by a law made under a section 19A Ordinance.\n (4) A section 19A Ordinance may suspend the operation of a law continued in force by section 16 or 16A for such period as is specified in the Ordinance.\n\n#### 18 Application of Commonwealth Acts\n\n (1) An Act or a provision of an Act extends to the Territory of its own force except so far as the Act or another Act expressly provides otherwise.\n (2) Except as provided by this Act, an enactment has no effect so far as it purports to affect the application of an Act or a provision of an Act in or in relation to the Territory.\n (3) Subsections (1) and (2) apply to Acts passed before, on or after 1 July 2016.\n\n#### 18A Application of laws of applied law jurisdictions\n\n (1) Subject to this section and sections 18B and 18D, the laws of an applied law jurisdiction are in force in Norfolk Island.\n (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.\n (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.\n (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:\n (a) the Constitution; or\n (b) an Act; or\n (c) an enactment; or\n (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.\n (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:\n (a) an Act;\n (b) an enactment;\n (c) a law of another applied law jurisdiction;\n to the extent that the first applied law is capable of operating concurrently with the other law.\n (6) A law of an applied law jurisdiction:\n (a) is a law in force in an applied law jurisdiction from time to time; and\n (b) includes a principle or rule of common law or equity that is part of the law of that jurisdiction; and\n (c) does not include:\n (i) a Commonwealth Act or a provision of a Commonwealth Act; or\n (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.\n\n#### 18B Powers under applied State laws\n\n Vesting of powers\n (1) If, by an applied State law, a power is vested in:\n (a) a Minister of the State; or\n (b) the Governor of the State; or\n (c) the Governor‑in‑Council of the State;\n 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.\n (2) If:\n (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\n (b) subsection (1) does not apply to that power;\n 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.\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied State law.\n\n Delegation etc.\n (3) If a power is vested in the responsible Commonwealth Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a person or authority; or\n (b) delegate the power to a person or authority.\n (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:\n (a) in the direction or delegation; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the responsible Commonwealth Minister.\n (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:\n (a) if authorised to do so by the direction; or\n (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.\n Deemed vesting of powers—State persons and authorities exercising powers in Norfolk Island\n (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:\n (a) the person or authority is subject to an arrangement under section 18C with the State and is:\n (i) an officer or employee of the State; or\n (ii) an authority established by or under a law of the State; or\n (iii) an officer or employee of such an authority; and\n (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:\n (i) whether in the person’s or authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way.\n Deemed vesting of powers—Norfolk Island persons and authorities\n (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.\n\n```html\n

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

\n```\n\n (6) The responsible Commonwealth Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18C Arrangements with the Government of a State\n\n (1) The Commonwealth may enter into arrangements with a State for the effective application and administration of the laws in force in Norfolk Island.\n (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:\n (a) an officer or employee of the State; or\n (b) an authority established by or under a law of the State; or\n (c) an officer or employee of an authority established by or under a law of the State.\n\n#### 18D Powers under applied Territory laws\n\n Vesting of powers\n (1) If, by an applied Territory law, a power is vested in:\n (a) a person (other than a court officer of that Territory); or\n (b) an authority (other than a court of that Territory);\n that power is vested in, and may be exercised by, that person or authority in relation to Norfolk Island.\n (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).\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied Territory law.\n\n Vesting directions etc.\n (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:\n (a) also vested in a person or authority (which may be that Minister); or\n (b) vested instead in another person or authority (which may be that Minister).\n (5) A direction under subsection (4) is subject to such conditions as may be specified in the direction.\n (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.\n Effect of solely vesting powers in other persons or authorities\n (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.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18E Applied laws—effect of directions and delegations\n\n Scope\n (1) This section applies if:\n (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\n (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\n (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.\n Addition of powers\n (2) If:\n (a) the applied law is amended to give the first mentioned person or authority one or more additional powers under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers.\n Alteration of powers\n (3) If:\n (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\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered.\n Amendments of applied laws\n (4) An applied law is amended if:\n (a) the applied law is amended by a section 19A Ordinance; or\n (b) the corresponding law of the applied law jurisdiction is amended.\n\n### Division 2—Legislative powers of the Governor‑General\n\n#### 19A Governor‑General may make Ordinances\n\n (1) Subject to this Act, the Governor‑General may make Ordinances for the peace, order and good government of the Territory.\n (2) An Ordinance made under subsection (1) is a legislative instrument.\n\n### Division 3—Inconsistency of laws\n\n#### 29 Inconsistency of Legislative Assembly laws with old Ordinances\n\n (1) Where an enactment made under repealed Division 2 (as in force before the interim transition time) is inconsistent with an Ordinance made by the Governor‑General under repealed section 27 (as in force before the interim transition time), the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid, but an enactment and an Ordinance shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently.\n (2) A reference in this section to an enactment or to an Ordinance shall be read as including a reference to a law made under an enactment or under an Ordinance, as the case may be.\n\n#### 30 Inconsistency of section 19A Ordinances with the regulations\n\n (1) If a section 19A Ordinance is inconsistent with the regulations, the regulations prevail, and the section 19A Ordinance is, to the extent of the inconsistency, invalid.\n (2) For the purposes of subsection (1), a section 19A Ordinance is taken to be consistent with the regulations to the extent that they are capable of operating concurrently.\n (3) A reference in this section to a section 19A Ordinance includes a reference to a law made under a section 19A Ordinance.\n\n## Part VII—The Judicial System\n\n### Division 1—The Supreme Court of Norfolk Island\n\n#### 52 Constitution of Supreme Court\n\n (1) The Supreme Court of Norfolk Island established by the Norfolk Island Act 1957 continues in existence, notwithstanding the repeal of that Act, as the Superior Court of Record of the Territory.\n (2) The Supreme Court shall consist of a Chief Justice and such other Judge as is, or such other Judges as are, appointed in accordance with this Act.\n\n#### 53 Appointment of Judges\n\n (1) The Governor‑General may, by Commission, appoint a person who, or persons each of whom, is a Judge of another court created by the Parliament to be a Judge or Judges of the Supreme Court.\n (1A) The Governor‑General may, by Commission, appoint a person who is a Judge of another court created by the Parliament to be the Chief Justice of the Supreme Court.\n (3) A person shall not be appointed:\n (a) as a Judge under subsection (1); or\n (b) as the Chief Justice under subsection (1A), whether or not he or she already holds office as a Judge;\n if he or she has attained the age of 70 years.\n (4) A Judge ceases to hold office as a Judge upon his or her attaining the age of 70 years.\n (5) A Judge ceases to hold office as a Judge if he or she no longer holds office as a Judge of another court created by the Parliament.\n (6) A Judge may resign his or her office by writing under his or her hand delivered to the Governor‑General.\n\n#### 53A Acting Chief Justice\n\n Whenever:\n (a) the Chief Justice is absent from Australia or is absent from duty; or\n (b) there is a vacancy in the office of Chief Justice;\n the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice.\n\n#### 54 Seniority of Judges\n\n The Chief Justice is the senior Judge of the Supreme Court and the other Judges have seniority according to the dates on which their Commissions took effect or, where the Commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their Commissions.\n\n#### 55 Holding of other judicial offices\n\n A person may be a Judge of the Supreme Court notwithstanding that he or she is also a Judge of another court created by the Parliament, or is also the holder of a judicial office in relation to a Territory other than Norfolk Island, by virtue of an appointment made either before or after his or her appointment as a Judge of the Supreme Court.\n\n#### 56 Salary and allowances of Judges\n\n A Judge is to be remunerated with the salary, annual allowances and travelling allowances that the Judge receives as a Judge of the other court, or other courts, of which he or she is a Judge.\n\n#### 57 Oath or affirmation of Judge\n\n A Judge appointed after the commencement of this section shall, before proceeding to discharge the duties of his or her office, take before the Governor‑General, a Judge of the Supreme Court or of another court created by the Parliament, or a person authorized by the Governor‑General for the purpose, an oath or affirmation in accordance with the form in Schedule 4.\n\n#### 58 Exercise of jurisdiction\n\n (1) The jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court or, to the extent and in the cases provided by or under enactment, sitting in Chambers.\n (2) The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the Supreme Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to the Judge or Judges who is or are to constitute the Supreme Court in particular matters or classes of matters.\n (3) The Supreme Court constituted by one Judge may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Court.\n (4) The exercise of the jurisdiction of the Supreme Court by a Judge is not invalidated and shall not be called in question on the ground that it is not in accordance with arrangements made in pursuance of this section.\n\n#### 59 Jurisdiction of Supreme Court\n\n Except as provided under this Act, the jurisdiction, practice and procedure of the Supreme Court shall be as provided by or under enactment.\n\n### Division 2—Establishment of courts and tribunals\n\n#### 60 Establishment of courts and tribunals\n\n Courts and tribunals for the Territory may be established by or under enactment.\n\n### Division 3—Conferral of jurisdiction on prescribed State or Territory courts\n\n#### 60AA Conferral of jurisdiction on prescribed State or Territory courts\n\n Conferral of jurisdiction\n (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.\n (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.\n\n> 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.\n\n Places at which court may sit\n (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.\n Application of laws of procedure etc. in criminal proceedings\n (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:\n (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\n (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\n (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\n (d) the reference in subsection (5A) of that section to another State (which includes a Territory) does not include a reference to Norfolk Island.\n State or Territory laws to govern where applicable\n (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.\n Other matters\n (6) This section is subject to:\n (a) the Constitution; and\n (b) any law in force in Norfolk Island.\n\n> 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.\n\n (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 subsections (4) and (5) of this section.\n\n## Part VIIA—Procedure in criminal and civil matters\n\n### Division 1—Criminal matters\n\n#### Subdivision A—No limitation period on prosecution of sex offences\n\n#### 60A No limitation period on prosecution of sex offences\n\n (1) A prosecution for an offence against a law of the Territory may be commenced at any time after the commission of the offence if that law is listed in Schedule 5.\n\n> Note: See section 60M for the meaning of an offence against a law of the Territory.\n\n (2) Subsection (1) applies even if:\n (a) but for that subsection, the offence would be subject to a shorter limitation period, including a shorter limitation period that has expired (either before the commencement of this section or before the commencement of the prosecution); or\n (b) an immunity from prosecution in relation to the offence has arisen because a shorter limitation period has expired (either before the commencement of this section or before the commencement of the prosecution).\n (3) Schedule 5 has effect.\n\n#### Subdivision B—Hearing criminal matters in another jurisdiction\n\n#### 60B Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Subdivision relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s criminal jurisdiction.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Subdivision unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60C Supreme Court may sit in a host jurisdiction\n\n (1) Subject to this section, the Supreme Court, in the exercise of its criminal jurisdiction, may sit in a host jurisdiction if to do so would not be contrary to the interests of justice.\n (2) The Supreme Court may, at any time after prosecution for an offence against a law of the Territory commences and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:\n (a) if the trial of the offence has not begun—that the trial be held in a host jurisdiction, and at a time and place, specified in the order; and\n (b) if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a host jurisdiction, and at a time and place, specified in the order.\n (3) The Supreme Court may make an order under subsection (2) at a sittings of the Court in the Territory or in a host jurisdiction.\n (4) The Supreme Court may make an order under subsection (2) at a sittings of the Court in a host jurisdiction whether or not the accused is present but, if the accused is not present, the Court must only make the order if:\n (a) the accused is represented; and\n (b) the Court is satisfied that the accused understands the effect of the order.\n (5) Where the Supreme Court makes an order under subsection (2), the Court may order that:\n (a) on the warrant of the Registrar, a Magistrate of the Territory or such other person as the Supreme Court directs (being a person who holds an office in relation to the Court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and\n (b) on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.\n (6) When exercising its criminal jurisdiction in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.\n (7) A power exercised by the Supreme Court under subsection (6) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (8) Where the Supreme Court is sitting in a host jurisdiction for the purpose of a trial in that jurisdiction, the Court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:\n (a) the trial be adjourned for such time as the Court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose; and\n (b) on the warrant of the Registrar, the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and\n (c) the jurors empanelled for the trial go to the Territory and remain there for such time as the Court directs for the purpose of continuing to attend as jurors in the trial.\n (9) A person who appears as a witness in the Supreme Court in a trial, or in related proceedings, held wholly or partly in a host jurisdiction, must be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.\n (10) Where:\n (a) the Supreme Court, when exercising its criminal jurisdiction in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n\n#### 60D Juries outside the Territory\n\n (1) Subject to this section and the regulations, the laws in force in a host jurisdiction relating to each of the following:\n (a) the qualification of jurors;\n (b) the preparation of jury lists and jury panels;\n (c) the summoning, attendance and empanelling of juries;\n (d) the number of jurors;\n (e) the right of challenge;\n (f) the discharge of juries;\n (g) the disagreement of jurors;\n (h) the remuneration of jurors;\n (i) other matters concerning jurors (other than matters dealt with under section 60E) after they have been summoned, appointed or sworn;\n that apply for the purposes of the trial of a criminal matter in the Supreme Court of that jurisdiction sitting at a place in that jurisdiction, extend and are to be applied, with such changes as are necessary, for the purposes of the trial of a criminal matter in the Supreme Court of the Territory when sitting at that place.\n (2) For the purposes of a trial in the Supreme Court held wholly or partly at a place in a host jurisdiction, the jury list that would be used for the purposes of a criminal trial in the Supreme Court of that jurisdiction sitting in the same place is to be used as well for the purposes of the trial in the Supreme Court of the Territory.\n (3) The precept for a jury is to be issued by the Registrar, or such other person holding an office in relation to the Supreme Court as the Court directs, and the Sheriff or such other person as the Court directs must prepare the jury panels and summon jurors.\n (4) The person who has custody of the jury list referred to in subsection (2) in the host jurisdiction where the Supreme Court is holding a trial must:\n (a) give a copy of that list to the person directed by the Court to prepare a jury panel; and\n (b) indicate on that copy the names of the persons who, to that person’s knowledge, would not, if summoned at the time the copy is given, be liable to serve as jurors under the law in force in that jurisdiction.\n (5) The Commonwealth must pay any reasonable fee demanded for a copy of a list referred to in paragraph (4)(a).\n (6) Any remuneration required to be paid to a person who serves, or is summoned to serve, on a jury in a trial in the Supreme Court held wholly or partly in a host jurisdiction must be paid by the Commonwealth.\n (7) Where a law applied by this Act for the purposes of a trial in the Supreme Court requires an act or thing to be done by a person specified in that law, the Court may, if it is necessary to do so for the purpose of the effective application of the law, order that a person who holds a specified office in relation to the Court do that act or thing, and the law is taken to apply to that person accordingly.\n (8) The regulations may provide that the provisions of a law referred to in subsection (1) that are specified in the regulations have effect with any modifications specified in the regulations.\n (9) In this section, jury list means the roll, list, or book on or in which the names of persons liable to serve as jurors appear.\n\n#### 60E Offences in relation to jurors\n\n (1) A person who is served with a summons to attend as a juror in a trial in the Supreme Court held wholly or partly in a host jurisdiction must not:\n (a) fail to attend in accordance with the summons; or\n (b) having so attended, withdraw from the presence of the Court, without the permission of the Sheriff, before being discharged or excused by a judge of the Court or the Sheriff.\n\nPenalty: Imprisonment for 1 month.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code (Commonwealth)).\n\n (3) A person must not impersonate a person who is a juror with the intention of sitting on a jury.\n\nPenalty: Imprisonment for 6 months.\n\n (4) A person must not:\n (a) engage in conduct that results in the corruption of a juror; or\n (b) make or promise a payment to a juror, or confer or promise to confer any other benefit on a juror in relation to the person’s service as a juror, other than a payment of the ordinary remuneration of the juror’s employment; or\n (c) being a juror, accept such a payment or benefit.\n\nPenalty: Imprisonment for 5 years.\n\n (5) In this section:\n\n> juror includes a person whose name is on a jury panel.\n\n#### 60F Removal of accused to host jurisdiction to stand trial\n\n (1) Where the Supreme Court makes an order under paragraph 60C(5)(a) in relation to an accused, the Registrar, a Magistrate of the Territory or a person directed by the Court under that paragraph, may:\n (a) by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and\n (b) by warrant directed to that officer, require that officer to detain the accused in that prison under this section.\n (2) A warrant directed to all constables may be executed by any constable.\n (3) An accused delivered into custody at a prison in a host jurisdiction under a warrant under subsection (1) may, subject to any order of the Supreme Court, be detained in that prison or any other prison in that jurisdiction for so long as the accused’s detention is necessary for the execution of the order.\n (4) An accused may, while in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection (1) had been issued under a law in force in the host jurisdiction relating to holding persons in custody pending the trial of those persons.\n (5) The Commonwealth is to pay to the host jurisdiction the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection (1).\n\n#### 60G Accused to be conveyed to Court\n\n (1) Where an accused has been removed to a host jurisdiction under this Act, a judge of the Supreme Court may order that the accused be conveyed to the Court for the purposes of trial in that jurisdiction, and any related proceedings.\n (2) Where a judge of the Supreme Court makes an order under subsection (1), the person who has the custody of the accused must release the accused to a constable to enable the accused to be conveyed to the Court in accordance with that order.\n\n#### 60H Return of accused to Territory\n\n (1) Where the Supreme Court makes an order under paragraph 60C(8)(b), the Registrar may, by warrant directed to all constables, require them to convey the accused in custody from the host jurisdiction in which the Court made the order to the prison in the Territory specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n\n#### 60J Person taken to be prisoner under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if:\n (a) a person has been tried in relation to an indictable offence against a law of the Territory by the Supreme Court sitting in a host jurisdiction; and\n (b) the person is convicted of that offence and sentenced to imprisonment.\n (2) The person is taken:\n (a) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) The provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60K Person taken to be criminal lunatic under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if a person who has been removed to a host jurisdiction under this Act:\n (a) is found to have been insane at the time of the commission of the offence; or\n (b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or\n (c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane.\n (2) The person is taken:\n (a) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) Sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60L Repatriation of person tried in a host jurisdiction\n\n Where:\n (a) a person has been removed to a host jurisdiction under this Act; and\n (b) the trial of the person in the Supreme Court sitting in that jurisdiction has concluded; and\n (c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;\n the Commonwealth must, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.\n\n#### Subdivision C—Historical offences, conduct and engaging in conduct\n\n#### 60M Historical offences\n\n In this Division, a reference to an offence against a law of the Territory:\n (a) includes a reference to an offence against a law in force in the Territory at the time the conduct constituting the offence is alleged to have occurred; and\n (b) includes a reference to an offence against a law mentioned in paragraph (a), even if that law has subsequently been amended or repealed.\n\n#### 60N Meanings of conduct and engage in conduct\n\n In this Division:\n\n> conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n> engage in conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n### Division 2—Civil matters\n\n#### 60P Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Division relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s jurisdiction in civil matters.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Division unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60Q Supreme Court may sit in a host jurisdiction\n\n (1) The Supreme Court, in the exercise of its jurisdiction in civil matters, may sit in a host jurisdiction under this section if to do so would not be contrary to the interests of justice.\n (2) If a civil matter is before the Supreme Court for hearing at a sitting of the court, the court may order that the hearing of the matter be adjourned and continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (3) If a civil matter is not before the Supreme Court for hearing, a Judge may order that the matter be heard or continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (4) When exercising its jurisdiction in a civil matter in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its jurisdiction in that matter in the Territory.\n (5) A power exercised by the Supreme Court under subsection (4) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (7) Where:\n (a) the Supreme Court, when exercising its jurisdiction in a civil matter in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n (8) An order made under subsection (2) or (3) to hear or continue a matter in a host jurisdiction, may:\n (a) if the matter is before the Supreme Court for hearing at a sitting of the court—be revoked by the court and replaced with an order that the hearing of the matter be adjourned and continued at a sitting of the court in the Territory, and at a time and place, specified in the order; and\n (b) if the matter is not before the Supreme Court for hearing—be revoked by a judge of the Court and replaced with an order that the matter be heard or continued at a sitting of the court in the Territory, and at a time and place, specified in the order.\n (9) An order (made under subsection (8) or otherwise) to hear or continue a civil matter at a sitting of the Supreme Court in the Territory may be revoked and be replaced with an order under subsection (2) or (3).\n\n## Part VIII—Miscellaneous\n\n#### 61 Appointment of officers\n\n (1) Despite the Public Service Act 1999, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.\n (2) This section does not prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.\n\n#### 62 Disposal of land\n\n (1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an enactment under which:\n (a) land in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or\n (b) instruments, receipts and other documents in relation to any such land may be executed; or\n (c) rights, duties and liabilities in relation to any such land are or may be acquired, conferred or imposed.\n (2) An enactment referred to in subsection (1) which provides for the acquisition of land must provide that such land must not be acquired otherwise than on just terms.\n\n#### 64 Customs duty on certain goods\n\n (1) Duties of customs are not chargeable on goods imported into Australia from the Territory if the goods:\n (a) are the produce or manufacture of the Territory; and\n (b) have been shipped in the Territory for export to Australia; and\n (c) are not goods which, if manufactured or produced in Australia, would be subject to a duty of excise.\n (2) In this section:\n\n> Australia does not include Norfolk Island.\n\n#### 66 Grant of pardon, remission etc.\n\n (1) The Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as he or she thinks fit, of the execution of sentence, and may remit any fines, penalties and forfeitures imposed or incurred under a law in force in the Territory.\n (2) Without limiting the powers of the Governor‑General under subsection (1), provision may be made by enactment for the remission, for good conduct, of part of the sentence of a person serving a sentence of imprisonment in the Territory.\n (3) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.\n\n#### 66A Ordinances—incorporation of matters by reference\n\n (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.\n (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.\n\n#### 67 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:\n (a) prescribing circumstances in which the prosecution for an offence against a law of the Territory (as defined for the purposes of Division 1 of Part VIIA) is taken to have commenced for the purposes of subsection 60C(2); and\n (b) prescribing penalties, of imprisonment for a period not exceeding 3 months or a fine not exceeding 5 penalty units, for offences against the regulations.","sortOrder":6},{"sectionNumber":"Division 1","sectionType":"division","heading":"Laws","content":"An Act to provide for the government of Norfolk Island\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Norfolk Island Act 1979.\n\n#### 2 Commencement\n\n (1) Sections 1, 2, 4, 31, 38, 39, 67, 68 and 69 shall come into operation on the day on which this Act receives the Royal Assent.\n (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Repeals\n\n The Norfolk Island Act 1957 and the Norfolk Island Act 1963 are repealed.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> amended: for when an applied law is amended, see subsection 18E(4).\n\n> applied law means:\n\n (a) an applied State law; or\n (b) an applied Territory law.\n\n> applied law jurisdiction: see section 5.\n\n> applied State law means a law of an applied law jurisdiction that is a State, as in force in Norfolk Island under section 18A.\n\n> applied Territory law means a law of an applied law jurisdiction that is a Territory, as in force in Norfolk Island under section 18A.\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authority includes a body corporate, or an unincorporated body, established for a public purpose.\n\n> Chief Justice means the Chief Justice of the Supreme Court.\n\n> civil matter means any matter that may be determined by the Supreme Court other than in the exercise of its criminal jurisdiction.\n\n> Commonwealth Minister means a Minister of State of the Commonwealth.\n\n> constable means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) a member of the Police Force of Norfolk Island.\n\n> court officer, of a State or Territory that is an applied law jurisdiction, means a person holding, occupying or exercising the powers of:\n\n (a) any of the following offices in a court of that jurisdiction:\n (i) Judge;\n (ii) Magistrate (however described);\n (iii) Master;\n (iv) Registrar (however described);\n (v) Clerk (however described);\n (vi) Sheriff (however described);\n (vii) Bailiff (however described); or\n (b) any other office, prescribed by the regulations for the purposes of this paragraph, of a court of that jurisdiction.\n\n> enactment means:\n\n (a) a section 19A Ordinance; or\n (b) an Ordinance continued in force by this Act; or\n (c) a Legislative Assembly law continued in force by this Act.\n\n> final transition time means the commencement of Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015.\n\n> host jurisdiction means any of the following:\n\n (a) a State;\n (b) the Australian Capital Territory;\n (c) the Northern Territory.\n\n> interim transition time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Legislation Amendment Act 2015.\n\n> Judge means a Judge of the Supreme Court (including the Chief Justice).\n\n> law of an applied law jurisdiction: see subsection 18A(6).\n\n> Legislative Assembly means the Legislative Assembly of Norfolk Island that was in existence before the interim transition time.\n\n> Legislative Assembly law means a law (however described or entitled) passed by the Legislative Assembly, and assented to under this Act, before the interim transition time.\n\n> Magistrate of the Territory means a person appointed as a magistrate under a law in force in the Territory.\n\n> Norfolk Island: see the definition of Territory.\n\n> Norfolk Island Regional Council means a body that is:\n\n (a) established by or under a law in force in the Territory; and\n (b) declared by a section 19A Ordinance to be the Norfolk Island Regional Council for the purposes of this definition.\n\n> power includes a function or duty, and, in that context, exercise means perform.\n\n> prescribed State or Territory means a State or Territory prescribed for the purposes of subsection 60AA(1).\n\n> prison includes a lock‑up or other place of lawful detention.\n\n> Registrar means the Registrar, or the Deputy Registrar, of the Supreme Court.\n\n> responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.\n\n> section 19A Ordinance means an Ordinance made under section 19A after the interim transition time.\n\n> Sheriff means the Sheriff, or the Deputy Sheriff, of the Territory.\n\n> Supreme Court means the Supreme Court of Norfolk Island referred to in section 52.\n\n> Territory, or Norfolk Island, means the Territory of Norfolk Island and, when used in a geographical sense, means the area described in Schedule 1.\n\n (3) A reference in this Act to a law, or to regulations, in force immediately before a particular date shall be read as including a reference to any provisions of the law, or of the regulations, that are not to come into operation until that date or a later date.\n\n#### 5 Meaning of applied law jurisdiction\n\n (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:\n (a) New South Wales;\n (b) a State or Territory (if any) prescribed for the purposes of paragraph (2)(a).\n (2) The regulations may provide for:\n (a) a State or Territory (other than Norfolk Island) to be an applied law jurisdiction; or\n (b) a State (including New South Wales) or a Territory to stop being an applied law jurisdiction.\n (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).\n\n## Part IV—Legislation\n\n### Division 1—Laws\n\n#### 15 Laws in force in the Territory\n\n (1) The laws in force in the Territory from time to time are:\n (a) Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and\n (b) laws made under Acts to the extent that those laws are in force from time to time in, or in relation to, the Territory; and\n (c) section 19A Ordinances as in force from time to time; and\n (d) laws continued in force by section 16 or 16A (including such a law as amended in accordance with section 17); and\n (e) applied laws.\n (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.\n\n#### 16 Continuance of laws in force immediately before 7 August 1979\n\n (1) Notwithstanding the repeal of the Norfolk Island Act 1957 and the Norfolk Island Act 1963, but subject to this Act, all other laws in force immediately before the date of commencement of this section in or in relation to the Territory continue in force.\n\n> Note: This section commenced on 7 August 1979.\n\n (2) In this section, laws means Ordinances made under, and laws continued in force by, the Norfolk Island Act 1957 and laws made under such an Ordinance or law.\n\n#### 16A Continuance of certain laws in force immediately before the interim transition time\n\n (1) Subject to this Act, all Legislative Assembly laws that were in force immediately before the interim transition time continue in force.\n (2) Subject to this Act, all Ordinances made under this Act that were in force immediately before the interim transition time continue in force.\n (3) A reference in this section to a Legislative Assembly law includes a reference to a law made under a Legislative Assembly law.\n (4) A reference in this section to an Ordinance made under this Act includes a reference to a law made under such an Ordinance.\n (5) This section has effect despite the repeal of sections 19 and 27 by the Norfolk Island Legislation Amendment Act 2015.\n\n#### 17 Amendment and repeal of existing laws\n\n (1) Subject to this Act, a law continued in force by section 16 may be amended or repealed by an enactment or by a law made under an enactment.\n (2) A law continued in force by section 16, being an Ordinance, or being a Law made by the Governor of the State of New South Wales before the commencement of the Norfolk Island Act 1913, may not be amended or repealed by a law made under an enactment unless the contrary intention appears in that enactment.\n (3) Subject to this Act, a law continued in force by section 16 or 16A may be amended or repealed by a section 19A Ordinance or by a law made under a section 19A Ordinance.\n (4) A section 19A Ordinance may suspend the operation of a law continued in force by section 16 or 16A for such period as is specified in the Ordinance.\n\n#### 18 Application of Commonwealth Acts\n\n (1) An Act or a provision of an Act extends to the Territory of its own force except so far as the Act or another Act expressly provides otherwise.\n (2) Except as provided by this Act, an enactment has no effect so far as it purports to affect the application of an Act or a provision of an Act in or in relation to the Territory.\n (3) Subsections (1) and (2) apply to Acts passed before, on or after 1 July 2016.\n\n#### 18A Application of laws of applied law jurisdictions\n\n (1) Subject to this section and sections 18B and 18D, the laws of an applied law jurisdiction are in force in Norfolk Island.\n (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.\n (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.\n (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:\n (a) the Constitution; or\n (b) an Act; or\n (c) an enactment; or\n (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.\n (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:\n (a) an Act;\n (b) an enactment;\n (c) a law of another applied law jurisdiction;\n to the extent that the first applied law is capable of operating concurrently with the other law.\n (6) A law of an applied law jurisdiction:\n (a) is a law in force in an applied law jurisdiction from time to time; and\n (b) includes a principle or rule of common law or equity that is part of the law of that jurisdiction; and\n (c) does not include:\n (i) a Commonwealth Act or a provision of a Commonwealth Act; or\n (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.\n\n#### 18B Powers under applied State laws\n\n Vesting of powers\n (1) If, by an applied State law, a power is vested in:\n (a) a Minister of the State; or\n (b) the Governor of the State; or\n (c) the Governor‑in‑Council of the State;\n 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.\n (2) If:\n (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\n (b) subsection (1) does not apply to that power;\n 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.\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied State law.\n\n Delegation etc.\n (3) If a power is vested in the responsible Commonwealth Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a person or authority; or\n (b) delegate the power to a person or authority.\n (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:\n (a) in the direction or delegation; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the responsible Commonwealth Minister.\n (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:\n (a) if authorised to do so by the direction; or\n (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.\n Deemed vesting of powers—State persons and authorities exercising powers in Norfolk Island\n (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:\n (a) the person or authority is subject to an arrangement under section 18C with the State and is:\n (i) an officer or employee of the State; or\n (ii) an authority established by or under a law of the State; or\n (iii) an officer or employee of such an authority; and\n (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:\n (i) whether in the person’s or authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way.\n Deemed vesting of powers—Norfolk Island persons and authorities\n (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.\n\n```html\n

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

\n```\n\n (6) The responsible Commonwealth Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18C Arrangements with the Government of a State\n\n (1) The Commonwealth may enter into arrangements with a State for the effective application and administration of the laws in force in Norfolk Island.\n (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:\n (a) an officer or employee of the State; or\n (b) an authority established by or under a law of the State; or\n (c) an officer or employee of an authority established by or under a law of the State.\n\n#### 18D Powers under applied Territory laws\n\n Vesting of powers\n (1) If, by an applied Territory law, a power is vested in:\n (a) a person (other than a court officer of that Territory); or\n (b) an authority (other than a court of that Territory);\n that power is vested in, and may be exercised by, that person or authority in relation to Norfolk Island.\n (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).\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied Territory law.\n\n Vesting directions etc.\n (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:\n (a) also vested in a person or authority (which may be that Minister); or\n (b) vested instead in another person or authority (which may be that Minister).\n (5) A direction under subsection (4) is subject to such conditions as may be specified in the direction.\n (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.\n Effect of solely vesting powers in other persons or authorities\n (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.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18E Applied laws—effect of directions and delegations\n\n Scope\n (1) This section applies if:\n (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\n (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\n (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.\n Addition of powers\n (2) If:\n (a) the applied law is amended to give the first mentioned person or authority one or more additional powers under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers.\n Alteration of powers\n (3) If:\n (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\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered.\n Amendments of applied laws\n (4) An applied law is amended if:\n (a) the applied law is amended by a section 19A Ordinance; or\n (b) the corresponding law of the applied law jurisdiction is amended.\n\n### Division 2—Legislative powers of the Governor‑General\n\n#### 19A Governor‑General may make Ordinances\n\n (1) Subject to this Act, the Governor‑General may make Ordinances for the peace, order and good government of the Territory.\n (2) An Ordinance made under subsection (1) is a legislative instrument.\n\n### Division 3—Inconsistency of laws\n\n#### 29 Inconsistency of Legislative Assembly laws with old Ordinances\n\n (1) Where an enactment made under repealed Division 2 (as in force before the interim transition time) is inconsistent with an Ordinance made by the Governor‑General under repealed section 27 (as in force before the interim transition time), the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid, but an enactment and an Ordinance shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently.\n (2) A reference in this section to an enactment or to an Ordinance shall be read as including a reference to a law made under an enactment or under an Ordinance, as the case may be.\n\n#### 30 Inconsistency of section 19A Ordinances with the regulations\n\n (1) If a section 19A Ordinance is inconsistent with the regulations, the regulations prevail, and the section 19A Ordinance is, to the extent of the inconsistency, invalid.\n (2) For the purposes of subsection (1), a section 19A Ordinance is taken to be consistent with the regulations to the extent that they are capable of operating concurrently.\n (3) A reference in this section to a section 19A Ordinance includes a reference to a law made under a section 19A Ordinance.\n\n## Part VII—The Judicial System\n\n### Division 1—The Supreme Court of Norfolk Island\n\n#### 52 Constitution of Supreme Court\n\n (1) The Supreme Court of Norfolk Island established by the Norfolk Island Act 1957 continues in existence, notwithstanding the repeal of that Act, as the Superior Court of Record of the Territory.\n (2) The Supreme Court shall consist of a Chief Justice and such other Judge as is, or such other Judges as are, appointed in accordance with this Act.\n\n#### 53 Appointment of Judges\n\n (1) The Governor‑General may, by Commission, appoint a person who, or persons each of whom, is a Judge of another court created by the Parliament to be a Judge or Judges of the Supreme Court.\n (1A) The Governor‑General may, by Commission, appoint a person who is a Judge of another court created by the Parliament to be the Chief Justice of the Supreme Court.\n (3) A person shall not be appointed:\n (a) as a Judge under subsection (1); or\n (b) as the Chief Justice under subsection (1A), whether or not he or she already holds office as a Judge;\n if he or she has attained the age of 70 years.\n (4) A Judge ceases to hold office as a Judge upon his or her attaining the age of 70 years.\n (5) A Judge ceases to hold office as a Judge if he or she no longer holds office as a Judge of another court created by the Parliament.\n (6) A Judge may resign his or her office by writing under his or her hand delivered to the Governor‑General.\n\n#### 53A Acting Chief Justice\n\n Whenever:\n (a) the Chief Justice is absent from Australia or is absent from duty; or\n (b) there is a vacancy in the office of Chief Justice;\n the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice.\n\n#### 54 Seniority of Judges\n\n The Chief Justice is the senior Judge of the Supreme Court and the other Judges have seniority according to the dates on which their Commissions took effect or, where the Commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their Commissions.\n\n#### 55 Holding of other judicial offices\n\n A person may be a Judge of the Supreme Court notwithstanding that he or she is also a Judge of another court created by the Parliament, or is also the holder of a judicial office in relation to a Territory other than Norfolk Island, by virtue of an appointment made either before or after his or her appointment as a Judge of the Supreme Court.\n\n#### 56 Salary and allowances of Judges\n\n A Judge is to be remunerated with the salary, annual allowances and travelling allowances that the Judge receives as a Judge of the other court, or other courts, of which he or she is a Judge.\n\n#### 57 Oath or affirmation of Judge\n\n A Judge appointed after the commencement of this section shall, before proceeding to discharge the duties of his or her office, take before the Governor‑General, a Judge of the Supreme Court or of another court created by the Parliament, or a person authorized by the Governor‑General for the purpose, an oath or affirmation in accordance with the form in Schedule 4.\n\n#### 58 Exercise of jurisdiction\n\n (1) The jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court or, to the extent and in the cases provided by or under enactment, sitting in Chambers.\n (2) The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the Supreme Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to the Judge or Judges who is or are to constitute the Supreme Court in particular matters or classes of matters.\n (3) The Supreme Court constituted by one Judge may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Court.\n (4) The exercise of the jurisdiction of the Supreme Court by a Judge is not invalidated and shall not be called in question on the ground that it is not in accordance with arrangements made in pursuance of this section.\n\n#### 59 Jurisdiction of Supreme Court\n\n Except as provided under this Act, the jurisdiction, practice and procedure of the Supreme Court shall be as provided by or under enactment.\n\n### Division 2—Establishment of courts and tribunals\n\n#### 60 Establishment of courts and tribunals\n\n Courts and tribunals for the Territory may be established by or under enactment.\n\n### Division 3—Conferral of jurisdiction on prescribed State or Territory courts\n\n#### 60AA Conferral of jurisdiction on prescribed State or Territory courts\n\n Conferral of jurisdiction\n (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.\n (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.\n\n> 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.\n\n Places at which court may sit\n (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.\n Application of laws of procedure etc. in criminal proceedings\n (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:\n (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\n (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\n (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\n (d) the reference in subsection (5A) of that section to another State (which includes a Territory) does not include a reference to Norfolk Island.\n State or Territory laws to govern where applicable\n (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.\n Other matters\n (6) This section is subject to:\n (a) the Constitution; and\n (b) any law in force in Norfolk Island.\n\n> 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.\n\n (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 subsections (4) and (5) of this section.\n\n## Part VIIA—Procedure in criminal and civil matters\n\n### Division 1—Criminal matters\n\n#### Subdivision A—No limitation period on prosecution of sex offences\n\n#### 60A No limitation period on prosecution of sex offences\n\n (1) A prosecution for an offence against a law of the Territory may be commenced at any time after the commission of the offence if that law is listed in Schedule 5.\n\n> Note: See section 60M for the meaning of an offence against a law of the Territory.\n\n (2) Subsection (1) applies even if:\n (a) but for that subsection, the offence would be subject to a shorter limitation period, including a shorter limitation period that has expired (either before the commencement of this section or before the commencement of the prosecution); or\n (b) an immunity from prosecution in relation to the offence has arisen because a shorter limitation period has expired (either before the commencement of this section or before the commencement of the prosecution).\n (3) Schedule 5 has effect.\n\n#### Subdivision B—Hearing criminal matters in another jurisdiction\n\n#### 60B Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Subdivision relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s criminal jurisdiction.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Subdivision unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60C Supreme Court may sit in a host jurisdiction\n\n (1) Subject to this section, the Supreme Court, in the exercise of its criminal jurisdiction, may sit in a host jurisdiction if to do so would not be contrary to the interests of justice.\n (2) The Supreme Court may, at any time after prosecution for an offence against a law of the Territory commences and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:\n (a) if the trial of the offence has not begun—that the trial be held in a host jurisdiction, and at a time and place, specified in the order; and\n (b) if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a host jurisdiction, and at a time and place, specified in the order.\n (3) The Supreme Court may make an order under subsection (2) at a sittings of the Court in the Territory or in a host jurisdiction.\n (4) The Supreme Court may make an order under subsection (2) at a sittings of the Court in a host jurisdiction whether or not the accused is present but, if the accused is not present, the Court must only make the order if:\n (a) the accused is represented; and\n (b) the Court is satisfied that the accused understands the effect of the order.\n (5) Where the Supreme Court makes an order under subsection (2), the Court may order that:\n (a) on the warrant of the Registrar, a Magistrate of the Territory or such other person as the Supreme Court directs (being a person who holds an office in relation to the Court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and\n (b) on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.\n (6) When exercising its criminal jurisdiction in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.\n (7) A power exercised by the Supreme Court under subsection (6) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (8) Where the Supreme Court is sitting in a host jurisdiction for the purpose of a trial in that jurisdiction, the Court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:\n (a) the trial be adjourned for such time as the Court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose; and\n (b) on the warrant of the Registrar, the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and\n (c) the jurors empanelled for the trial go to the Territory and remain there for such time as the Court directs for the purpose of continuing to attend as jurors in the trial.\n (9) A person who appears as a witness in the Supreme Court in a trial, or in related proceedings, held wholly or partly in a host jurisdiction, must be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.\n (10) Where:\n (a) the Supreme Court, when exercising its criminal jurisdiction in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n\n#### 60D Juries outside the Territory\n\n (1) Subject to this section and the regulations, the laws in force in a host jurisdiction relating to each of the following:\n (a) the qualification of jurors;\n (b) the preparation of jury lists and jury panels;\n (c) the summoning, attendance and empanelling of juries;\n (d) the number of jurors;\n (e) the right of challenge;\n (f) the discharge of juries;\n (g) the disagreement of jurors;\n (h) the remuneration of jurors;\n (i) other matters concerning jurors (other than matters dealt with under section 60E) after they have been summoned, appointed or sworn;\n that apply for the purposes of the trial of a criminal matter in the Supreme Court of that jurisdiction sitting at a place in that jurisdiction, extend and are to be applied, with such changes as are necessary, for the purposes of the trial of a criminal matter in the Supreme Court of the Territory when sitting at that place.\n (2) For the purposes of a trial in the Supreme Court held wholly or partly at a place in a host jurisdiction, the jury list that would be used for the purposes of a criminal trial in the Supreme Court of that jurisdiction sitting in the same place is to be used as well for the purposes of the trial in the Supreme Court of the Territory.\n (3) The precept for a jury is to be issued by the Registrar, or such other person holding an office in relation to the Supreme Court as the Court directs, and the Sheriff or such other person as the Court directs must prepare the jury panels and summon jurors.\n (4) The person who has custody of the jury list referred to in subsection (2) in the host jurisdiction where the Supreme Court is holding a trial must:\n (a) give a copy of that list to the person directed by the Court to prepare a jury panel; and\n (b) indicate on that copy the names of the persons who, to that person’s knowledge, would not, if summoned at the time the copy is given, be liable to serve as jurors under the law in force in that jurisdiction.\n (5) The Commonwealth must pay any reasonable fee demanded for a copy of a list referred to in paragraph (4)(a).\n (6) Any remuneration required to be paid to a person who serves, or is summoned to serve, on a jury in a trial in the Supreme Court held wholly or partly in a host jurisdiction must be paid by the Commonwealth.\n (7) Where a law applied by this Act for the purposes of a trial in the Supreme Court requires an act or thing to be done by a person specified in that law, the Court may, if it is necessary to do so for the purpose of the effective application of the law, order that a person who holds a specified office in relation to the Court do that act or thing, and the law is taken to apply to that person accordingly.\n (8) The regulations may provide that the provisions of a law referred to in subsection (1) that are specified in the regulations have effect with any modifications specified in the regulations.\n (9) In this section, jury list means the roll, list, or book on or in which the names of persons liable to serve as jurors appear.\n\n#### 60E Offences in relation to jurors\n\n (1) A person who is served with a summons to attend as a juror in a trial in the Supreme Court held wholly or partly in a host jurisdiction must not:\n (a) fail to attend in accordance with the summons; or\n (b) having so attended, withdraw from the presence of the Court, without the permission of the Sheriff, before being discharged or excused by a judge of the Court or the Sheriff.\n\nPenalty: Imprisonment for 1 month.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code (Commonwealth)).\n\n (3) A person must not impersonate a person who is a juror with the intention of sitting on a jury.\n\nPenalty: Imprisonment for 6 months.\n\n (4) A person must not:\n (a) engage in conduct that results in the corruption of a juror; or\n (b) make or promise a payment to a juror, or confer or promise to confer any other benefit on a juror in relation to the person’s service as a juror, other than a payment of the ordinary remuneration of the juror’s employment; or\n (c) being a juror, accept such a payment or benefit.\n\nPenalty: Imprisonment for 5 years.\n\n (5) In this section:\n\n> juror includes a person whose name is on a jury panel.\n\n#### 60F Removal of accused to host jurisdiction to stand trial\n\n (1) Where the Supreme Court makes an order under paragraph 60C(5)(a) in relation to an accused, the Registrar, a Magistrate of the Territory or a person directed by the Court under that paragraph, may:\n (a) by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and\n (b) by warrant directed to that officer, require that officer to detain the accused in that prison under this section.\n (2) A warrant directed to all constables may be executed by any constable.\n (3) An accused delivered into custody at a prison in a host jurisdiction under a warrant under subsection (1) may, subject to any order of the Supreme Court, be detained in that prison or any other prison in that jurisdiction for so long as the accused’s detention is necessary for the execution of the order.\n (4) An accused may, while in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection (1) had been issued under a law in force in the host jurisdiction relating to holding persons in custody pending the trial of those persons.\n (5) The Commonwealth is to pay to the host jurisdiction the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection (1).\n\n#### 60G Accused to be conveyed to Court\n\n (1) Where an accused has been removed to a host jurisdiction under this Act, a judge of the Supreme Court may order that the accused be conveyed to the Court for the purposes of trial in that jurisdiction, and any related proceedings.\n (2) Where a judge of the Supreme Court makes an order under subsection (1), the person who has the custody of the accused must release the accused to a constable to enable the accused to be conveyed to the Court in accordance with that order.\n\n#### 60H Return of accused to Territory\n\n (1) Where the Supreme Court makes an order under paragraph 60C(8)(b), the Registrar may, by warrant directed to all constables, require them to convey the accused in custody from the host jurisdiction in which the Court made the order to the prison in the Territory specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n\n#### 60J Person taken to be prisoner under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if:\n (a) a person has been tried in relation to an indictable offence against a law of the Territory by the Supreme Court sitting in a host jurisdiction; and\n (b) the person is convicted of that offence and sentenced to imprisonment.\n (2) The person is taken:\n (a) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) The provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60K Person taken to be criminal lunatic under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if a person who has been removed to a host jurisdiction under this Act:\n (a) is found to have been insane at the time of the commission of the offence; or\n (b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or\n (c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane.\n (2) The person is taken:\n (a) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) Sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60L Repatriation of person tried in a host jurisdiction\n\n Where:\n (a) a person has been removed to a host jurisdiction under this Act; and\n (b) the trial of the person in the Supreme Court sitting in that jurisdiction has concluded; and\n (c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;\n the Commonwealth must, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.\n\n#### Subdivision C—Historical offences, conduct and engaging in conduct\n\n#### 60M Historical offences\n\n In this Division, a reference to an offence against a law of the Territory:\n (a) includes a reference to an offence against a law in force in the Territory at the time the conduct constituting the offence is alleged to have occurred; and\n (b) includes a reference to an offence against a law mentioned in paragraph (a), even if that law has subsequently been amended or repealed.\n\n#### 60N Meanings of conduct and engage in conduct\n\n In this Division:\n\n> conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n> engage in conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n### Division 2—Civil matters\n\n#### 60P Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Division relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s jurisdiction in civil matters.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Division unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60Q Supreme Court may sit in a host jurisdiction\n\n (1) The Supreme Court, in the exercise of its jurisdiction in civil matters, may sit in a host jurisdiction under this section if to do so would not be contrary to the interests of justice.\n (2) If a civil matter is before the Supreme Court for hearing at a sitting of the court, the court may order that the hearing of the matter be adjourned and continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (3) If a civil matter is not before the Supreme Court for hearing, a Judge may order that the matter be heard or continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (4) When exercising its jurisdiction in a civil matter in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its jurisdiction in that matter in the Territory.\n (5) A power exercised by the Supreme Court under subsection (4) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (7) Where:\n (a) the Supreme Court, when exercising its jurisdiction in a civil matter in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n (8) An order made under subsection (2) or (3) to hear or continue a matter in a host jurisdiction, may:\n (a) if the matter is before the Supreme Court for hearing at a sitting of the court—be revoked by the court and replaced with an order that the hearing of the matter be adjourned and continued at a sitting of the court in the Territory, and at a time and place, specified in the order; and\n (b) if the matter is not before the Supreme Court for hearing—be revoked by a judge of the Court and replaced with an order that the matter be heard or continued at a sitting of the court in the Territory, and at a time and place, specified in the order.\n (9) An order (made under subsection (8) or otherwise) to hear or continue a civil matter at a sitting of the Supreme Court in the Territory may be revoked and be replaced with an order under subsection (2) or (3).\n\n## Part VIII—Miscellaneous\n\n#### 61 Appointment of officers\n\n (1) Despite the Public Service Act 1999, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.\n (2) This section does not prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.\n\n#### 62 Disposal of land\n\n (1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an enactment under which:\n (a) land in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or\n (b) instruments, receipts and other documents in relation to any such land may be executed; or\n (c) rights, duties and liabilities in relation to any such land are or may be acquired, conferred or imposed.\n (2) An enactment referred to in subsection (1) which provides for the acquisition of land must provide that such land must not be acquired otherwise than on just terms.\n\n#### 64 Customs duty on certain goods\n\n (1) Duties of customs are not chargeable on goods imported into Australia from the Territory if the goods:\n (a) are the produce or manufacture of the Territory; and\n (b) have been shipped in the Territory for export to Australia; and\n (c) are not goods which, if manufactured or produced in Australia, would be subject to a duty of excise.\n (2) In this section:\n\n> Australia does not include Norfolk Island.\n\n#### 66 Grant of pardon, remission etc.\n\n (1) The Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as he or she thinks fit, of the execution of sentence, and may remit any fines, penalties and forfeitures imposed or incurred under a law in force in the Territory.\n (2) Without limiting the powers of the Governor‑General under subsection (1), provision may be made by enactment for the remission, for good conduct, of part of the sentence of a person serving a sentence of imprisonment in the Territory.\n (3) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.\n\n#### 66A Ordinances—incorporation of matters by reference\n\n (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.\n (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.\n\n#### 67 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:\n (a) prescribing circumstances in which the prosecution for an offence against a law of the Territory (as defined for the purposes of Division 1 of Part VIIA) is taken to have commenced for the purposes of subsection 60C(2); and\n (b) prescribing penalties, of imprisonment for a period not exceeding 3 months or a fine not exceeding 5 penalty units, for offences against the regulations.","sortOrder":7},{"sectionNumber":"15","sectionType":"section","heading":"Laws in force in the Territory","content":"#### 15 Laws in force in the Territory\n\n (1) The laws in force in the Territory from time to time are:\n (a) Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and\n (b) laws made under Acts to the extent that those laws are in force from time to time in, or in relation to, the Territory; and\n (c) section 19A Ordinances as in force from time to time; and\n (d) laws continued in force by section 16 or 16A (including such a law as amended in accordance with section 17); and\n (e) applied laws.\n (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.","sortOrder":8},{"sectionNumber":"16","sectionType":"section","heading":"Continuance of laws in force immediately before 7 August 1979","content":"#### 16 Continuance of laws in force immediately before 7 August 1979\n\n (1) Notwithstanding the repeal of the Norfolk Island Act 1957 and the Norfolk Island Act 1963, but subject to this Act, all other laws in force immediately before the date of commencement of this section in or in relation to the Territory continue in force.\n\n> Note: This section commenced on 7 August 1979.\n\n (2) In this section, laws means Ordinances made under, and laws continued in force by, the Norfolk Island Act 1957 and laws made under such an Ordinance or law.","sortOrder":9},{"sectionNumber":"16A","sectionType":"section","heading":"Continuance of certain laws in force immediately before the interim transition time","content":"#### 16A Continuance of certain laws in force immediately before the interim transition time\n\n (1) Subject to this Act, all Legislative Assembly laws that were in force immediately before the interim transition time continue in force.\n (2) Subject to this Act, all Ordinances made under this Act that were in force immediately before the interim transition time continue in force.\n (3) A reference in this section to a Legislative Assembly law includes a reference to a law made under a Legislative Assembly law.\n (4) A reference in this section to an Ordinance made under this Act includes a reference to a law made under such an Ordinance.\n (5) This section has effect despite the repeal of sections 19 and 27 by the Norfolk Island Legislation Amendment Act 2015.","sortOrder":10},{"sectionNumber":"17","sectionType":"section","heading":"Amendment and repeal of existing laws","content":"#### 17 Amendment and repeal of existing laws\n\n (1) Subject to this Act, a law continued in force by section 16 may be amended or repealed by an enactment or by a law made under an enactment.\n (2) A law continued in force by section 16, being an Ordinance, or being a Law made by the Governor of the State of New South Wales before the commencement of the Norfolk Island Act 1913, may not be amended or repealed by a law made under an enactment unless the contrary intention appears in that enactment.\n (3) Subject to this Act, a law continued in force by section 16 or 16A may be amended or repealed by a section 19A Ordinance or by a law made under a section 19A Ordinance.\n (4) A section 19A Ordinance may suspend the operation of a law continued in force by section 16 or 16A for such period as is specified in the Ordinance.","sortOrder":11},{"sectionNumber":"18","sectionType":"section","heading":"Application of Commonwealth Acts","content":"#### 18 Application of Commonwealth Acts\n\n (1) An Act or a provision of an Act extends to the Territory of its own force except so far as the Act or another Act expressly provides otherwise.\n (2) Except as provided by this Act, an enactment has no effect so far as it purports to affect the application of an Act or a provision of an Act in or in relation to the Territory.\n (3) Subsections (1) and (2) apply to Acts passed before, on or after 1 July 2016.","sortOrder":12},{"sectionNumber":"18A","sectionType":"section","heading":"Application of laws of applied law jurisdictions","content":"#### 18A Application of laws of applied law jurisdictions\n\n (1) Subject to this section and sections 18B and 18D, the laws of an applied law jurisdiction are in force in Norfolk Island.\n (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.\n (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.\n (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:\n (a) the Constitution; or\n (b) an Act; or\n (c) an enactment; or\n (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.\n (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:\n (a) an Act;\n (b) an enactment;\n (c) a law of another applied law jurisdiction;\n to the extent that the first applied law is capable of operating concurrently with the other law.\n (6) A law of an applied law jurisdiction:\n (a) is a law in force in an applied law jurisdiction from time to time; and\n (b) includes a principle or rule of common law or equity that is part of the law of that jurisdiction; and\n (c) does not include:\n (i) a Commonwealth Act or a provision of a Commonwealth Act; or\n (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.","sortOrder":13},{"sectionNumber":"18B","sectionType":"section","heading":"Powers under applied State laws","content":"#### 18B Powers under applied State laws\n\n Vesting of powers\n (1) If, by an applied State law, a power is vested in:\n (a) a Minister of the State; or\n (b) the Governor of the State; or\n (c) the Governor‑in‑Council of the State;\n 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.\n (2) If:\n (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\n (b) subsection (1) does not apply to that power;\n 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.\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied State law.\n\n Delegation etc.\n (3) If a power is vested in the responsible Commonwealth Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a person or authority; or\n (b) delegate the power to a person or authority.\n (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:\n (a) in the direction or delegation; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the responsible Commonwealth Minister.\n (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:\n (a) if authorised to do so by the direction; or\n (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.\n Deemed vesting of powers—State persons and authorities exercising powers in Norfolk Island\n (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:\n (a) the person or authority is subject to an arrangement under section 18C with the State and is:\n (i) an officer or employee of the State; or\n (ii) an authority established by or under a law of the State; or\n (iii) an officer or employee of such an authority; and\n (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:\n (i) whether in the person’s or authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way.\n Deemed vesting of powers—Norfolk Island persons and authorities\n (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.\n\n```html\n

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

\n```\n\n (6) The responsible Commonwealth Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.","sortOrder":14},{"sectionNumber":"18C","sectionType":"section","heading":"Arrangements with the Government of a State","content":"#### 18C Arrangements with the Government of a State\n\n (1) The Commonwealth may enter into arrangements with a State for the effective application and administration of the laws in force in Norfolk Island.\n (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:\n (a) an officer or employee of the State; or\n (b) an authority established by or under a law of the State; or\n (c) an officer or employee of an authority established by or under a law of the State.","sortOrder":15},{"sectionNumber":"18D","sectionType":"section","heading":"Powers under applied Territory laws","content":"#### 18D Powers under applied Territory laws\n\n Vesting of powers\n (1) If, by an applied Territory law, a power is vested in:\n (a) a person (other than a court officer of that Territory); or\n (b) an authority (other than a court of that Territory);\n that power is vested in, and may be exercised by, that person or authority in relation to Norfolk Island.\n (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).\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied Territory law.\n\n Vesting directions etc.\n (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:\n (a) also vested in a person or authority (which may be that Minister); or\n (b) vested instead in another person or authority (which may be that Minister).\n (5) A direction under subsection (4) is subject to such conditions as may be specified in the direction.\n (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.\n Effect of solely vesting powers in other persons or authorities\n (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.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.","sortOrder":16},{"sectionNumber":"18E","sectionType":"section","heading":"Applied laws—effect of directions and delegations","content":"#### 18E Applied laws—effect of directions and delegations\n\n Scope\n (1) This section applies if:\n (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\n (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\n (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.\n Addition of powers\n (2) If:\n (a) the applied law is amended to give the first mentioned person or authority one or more additional powers under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers.\n Alteration of powers\n (3) If:\n (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\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered.\n Amendments of applied laws\n (4) An applied law is amended if:\n (a) the applied law is amended by a section 19A Ordinance; or\n (b) the corresponding law of the applied law jurisdiction is amended.","sortOrder":17},{"sectionNumber":"Division 2","sectionType":"division","heading":"Legislative powers of the Governor‑General","content":"An Act to provide for the government of Norfolk Island\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Norfolk Island Act 1979.\n\n#### 2 Commencement\n\n (1) Sections 1, 2, 4, 31, 38, 39, 67, 68 and 69 shall come into operation on the day on which this Act receives the Royal Assent.\n (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Repeals\n\n The Norfolk Island Act 1957 and the Norfolk Island Act 1963 are repealed.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> amended: for when an applied law is amended, see subsection 18E(4).\n\n> applied law means:\n\n (a) an applied State law; or\n (b) an applied Territory law.\n\n> applied law jurisdiction: see section 5.\n\n> applied State law means a law of an applied law jurisdiction that is a State, as in force in Norfolk Island under section 18A.\n\n> applied Territory law means a law of an applied law jurisdiction that is a Territory, as in force in Norfolk Island under section 18A.\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authority includes a body corporate, or an unincorporated body, established for a public purpose.\n\n> Chief Justice means the Chief Justice of the Supreme Court.\n\n> civil matter means any matter that may be determined by the Supreme Court other than in the exercise of its criminal jurisdiction.\n\n> Commonwealth Minister means a Minister of State of the Commonwealth.\n\n> constable means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) a member of the Police Force of Norfolk Island.\n\n> court officer, of a State or Territory that is an applied law jurisdiction, means a person holding, occupying or exercising the powers of:\n\n (a) any of the following offices in a court of that jurisdiction:\n (i) Judge;\n (ii) Magistrate (however described);\n (iii) Master;\n (iv) Registrar (however described);\n (v) Clerk (however described);\n (vi) Sheriff (however described);\n (vii) Bailiff (however described); or\n (b) any other office, prescribed by the regulations for the purposes of this paragraph, of a court of that jurisdiction.\n\n> enactment means:\n\n (a) a section 19A Ordinance; or\n (b) an Ordinance continued in force by this Act; or\n (c) a Legislative Assembly law continued in force by this Act.\n\n> final transition time means the commencement of Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015.\n\n> host jurisdiction means any of the following:\n\n (a) a State;\n (b) the Australian Capital Territory;\n (c) the Northern Territory.\n\n> interim transition time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Legislation Amendment Act 2015.\n\n> Judge means a Judge of the Supreme Court (including the Chief Justice).\n\n> law of an applied law jurisdiction: see subsection 18A(6).\n\n> Legislative Assembly means the Legislative Assembly of Norfolk Island that was in existence before the interim transition time.\n\n> Legislative Assembly law means a law (however described or entitled) passed by the Legislative Assembly, and assented to under this Act, before the interim transition time.\n\n> Magistrate of the Territory means a person appointed as a magistrate under a law in force in the Territory.\n\n> Norfolk Island: see the definition of Territory.\n\n> Norfolk Island Regional Council means a body that is:\n\n (a) established by or under a law in force in the Territory; and\n (b) declared by a section 19A Ordinance to be the Norfolk Island Regional Council for the purposes of this definition.\n\n> power includes a function or duty, and, in that context, exercise means perform.\n\n> prescribed State or Territory means a State or Territory prescribed for the purposes of subsection 60AA(1).\n\n> prison includes a lock‑up or other place of lawful detention.\n\n> Registrar means the Registrar, or the Deputy Registrar, of the Supreme Court.\n\n> responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.\n\n> section 19A Ordinance means an Ordinance made under section 19A after the interim transition time.\n\n> Sheriff means the Sheriff, or the Deputy Sheriff, of the Territory.\n\n> Supreme Court means the Supreme Court of Norfolk Island referred to in section 52.\n\n> Territory, or Norfolk Island, means the Territory of Norfolk Island and, when used in a geographical sense, means the area described in Schedule 1.\n\n (3) A reference in this Act to a law, or to regulations, in force immediately before a particular date shall be read as including a reference to any provisions of the law, or of the regulations, that are not to come into operation until that date or a later date.\n\n#### 5 Meaning of applied law jurisdiction\n\n (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:\n (a) New South Wales;\n (b) a State or Territory (if any) prescribed for the purposes of paragraph (2)(a).\n (2) The regulations may provide for:\n (a) a State or Territory (other than Norfolk Island) to be an applied law jurisdiction; or\n (b) a State (including New South Wales) or a Territory to stop being an applied law jurisdiction.\n (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).\n\n## Part IV—Legislation\n\n### Division 1—Laws\n\n#### 15 Laws in force in the Territory\n\n (1) The laws in force in the Territory from time to time are:\n (a) Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and\n (b) laws made under Acts to the extent that those laws are in force from time to time in, or in relation to, the Territory; and\n (c) section 19A Ordinances as in force from time to time; and\n (d) laws continued in force by section 16 or 16A (including such a law as amended in accordance with section 17); and\n (e) applied laws.\n (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.\n\n#### 16 Continuance of laws in force immediately before 7 August 1979\n\n (1) Notwithstanding the repeal of the Norfolk Island Act 1957 and the Norfolk Island Act 1963, but subject to this Act, all other laws in force immediately before the date of commencement of this section in or in relation to the Territory continue in force.\n\n> Note: This section commenced on 7 August 1979.\n\n (2) In this section, laws means Ordinances made under, and laws continued in force by, the Norfolk Island Act 1957 and laws made under such an Ordinance or law.\n\n#### 16A Continuance of certain laws in force immediately before the interim transition time\n\n (1) Subject to this Act, all Legislative Assembly laws that were in force immediately before the interim transition time continue in force.\n (2) Subject to this Act, all Ordinances made under this Act that were in force immediately before the interim transition time continue in force.\n (3) A reference in this section to a Legislative Assembly law includes a reference to a law made under a Legislative Assembly law.\n (4) A reference in this section to an Ordinance made under this Act includes a reference to a law made under such an Ordinance.\n (5) This section has effect despite the repeal of sections 19 and 27 by the Norfolk Island Legislation Amendment Act 2015.\n\n#### 17 Amendment and repeal of existing laws\n\n (1) Subject to this Act, a law continued in force by section 16 may be amended or repealed by an enactment or by a law made under an enactment.\n (2) A law continued in force by section 16, being an Ordinance, or being a Law made by the Governor of the State of New South Wales before the commencement of the Norfolk Island Act 1913, may not be amended or repealed by a law made under an enactment unless the contrary intention appears in that enactment.\n (3) Subject to this Act, a law continued in force by section 16 or 16A may be amended or repealed by a section 19A Ordinance or by a law made under a section 19A Ordinance.\n (4) A section 19A Ordinance may suspend the operation of a law continued in force by section 16 or 16A for such period as is specified in the Ordinance.\n\n#### 18 Application of Commonwealth Acts\n\n (1) An Act or a provision of an Act extends to the Territory of its own force except so far as the Act or another Act expressly provides otherwise.\n (2) Except as provided by this Act, an enactment has no effect so far as it purports to affect the application of an Act or a provision of an Act in or in relation to the Territory.\n (3) Subsections (1) and (2) apply to Acts passed before, on or after 1 July 2016.\n\n#### 18A Application of laws of applied law jurisdictions\n\n (1) Subject to this section and sections 18B and 18D, the laws of an applied law jurisdiction are in force in Norfolk Island.\n (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.\n (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.\n (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:\n (a) the Constitution; or\n (b) an Act; or\n (c) an enactment; or\n (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.\n (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:\n (a) an Act;\n (b) an enactment;\n (c) a law of another applied law jurisdiction;\n to the extent that the first applied law is capable of operating concurrently with the other law.\n (6) A law of an applied law jurisdiction:\n (a) is a law in force in an applied law jurisdiction from time to time; and\n (b) includes a principle or rule of common law or equity that is part of the law of that jurisdiction; and\n (c) does not include:\n (i) a Commonwealth Act or a provision of a Commonwealth Act; or\n (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.\n\n#### 18B Powers under applied State laws\n\n Vesting of powers\n (1) If, by an applied State law, a power is vested in:\n (a) a Minister of the State; or\n (b) the Governor of the State; or\n (c) the Governor‑in‑Council of the State;\n 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.\n (2) If:\n (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\n (b) subsection (1) does not apply to that power;\n 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.\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied State law.\n\n Delegation etc.\n (3) If a power is vested in the responsible Commonwealth Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a person or authority; or\n (b) delegate the power to a person or authority.\n (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:\n (a) in the direction or delegation; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the responsible Commonwealth Minister.\n (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:\n (a) if authorised to do so by the direction; or\n (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.\n Deemed vesting of powers—State persons and authorities exercising powers in Norfolk Island\n (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:\n (a) the person or authority is subject to an arrangement under section 18C with the State and is:\n (i) an officer or employee of the State; or\n (ii) an authority established by or under a law of the State; or\n (iii) an officer or employee of such an authority; and\n (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:\n (i) whether in the person’s or authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way.\n Deemed vesting of powers—Norfolk Island persons and authorities\n (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.\n\n```html\n

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

\n```\n\n (6) The responsible Commonwealth Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18C Arrangements with the Government of a State\n\n (1) The Commonwealth may enter into arrangements with a State for the effective application and administration of the laws in force in Norfolk Island.\n (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:\n (a) an officer or employee of the State; or\n (b) an authority established by or under a law of the State; or\n (c) an officer or employee of an authority established by or under a law of the State.\n\n#### 18D Powers under applied Territory laws\n\n Vesting of powers\n (1) If, by an applied Territory law, a power is vested in:\n (a) a person (other than a court officer of that Territory); or\n (b) an authority (other than a court of that Territory);\n that power is vested in, and may be exercised by, that person or authority in relation to Norfolk Island.\n (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).\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied Territory law.\n\n Vesting directions etc.\n (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:\n (a) also vested in a person or authority (which may be that Minister); or\n (b) vested instead in another person or authority (which may be that Minister).\n (5) A direction under subsection (4) is subject to such conditions as may be specified in the direction.\n (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.\n Effect of solely vesting powers in other persons or authorities\n (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.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18E Applied laws—effect of directions and delegations\n\n Scope\n (1) This section applies if:\n (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\n (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\n (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.\n Addition of powers\n (2) If:\n (a) the applied law is amended to give the first mentioned person or authority one or more additional powers under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers.\n Alteration of powers\n (3) If:\n (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\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered.\n Amendments of applied laws\n (4) An applied law is amended if:\n (a) the applied law is amended by a section 19A Ordinance; or\n (b) the corresponding law of the applied law jurisdiction is amended.\n\n### Division 2—Legislative powers of the Governor‑General\n\n#### 19A Governor‑General may make Ordinances\n\n (1) Subject to this Act, the Governor‑General may make Ordinances for the peace, order and good government of the Territory.\n (2) An Ordinance made under subsection (1) is a legislative instrument.\n\n### Division 3—Inconsistency of laws\n\n#### 29 Inconsistency of Legislative Assembly laws with old Ordinances\n\n (1) Where an enactment made under repealed Division 2 (as in force before the interim transition time) is inconsistent with an Ordinance made by the Governor‑General under repealed section 27 (as in force before the interim transition time), the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid, but an enactment and an Ordinance shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently.\n (2) A reference in this section to an enactment or to an Ordinance shall be read as including a reference to a law made under an enactment or under an Ordinance, as the case may be.\n\n#### 30 Inconsistency of section 19A Ordinances with the regulations\n\n (1) If a section 19A Ordinance is inconsistent with the regulations, the regulations prevail, and the section 19A Ordinance is, to the extent of the inconsistency, invalid.\n (2) For the purposes of subsection (1), a section 19A Ordinance is taken to be consistent with the regulations to the extent that they are capable of operating concurrently.\n (3) A reference in this section to a section 19A Ordinance includes a reference to a law made under a section 19A Ordinance.\n\n## Part VII—The Judicial System\n\n### Division 1—The Supreme Court of Norfolk Island\n\n#### 52 Constitution of Supreme Court\n\n (1) The Supreme Court of Norfolk Island established by the Norfolk Island Act 1957 continues in existence, notwithstanding the repeal of that Act, as the Superior Court of Record of the Territory.\n (2) The Supreme Court shall consist of a Chief Justice and such other Judge as is, or such other Judges as are, appointed in accordance with this Act.\n\n#### 53 Appointment of Judges\n\n (1) The Governor‑General may, by Commission, appoint a person who, or persons each of whom, is a Judge of another court created by the Parliament to be a Judge or Judges of the Supreme Court.\n (1A) The Governor‑General may, by Commission, appoint a person who is a Judge of another court created by the Parliament to be the Chief Justice of the Supreme Court.\n (3) A person shall not be appointed:\n (a) as a Judge under subsection (1); or\n (b) as the Chief Justice under subsection (1A), whether or not he or she already holds office as a Judge;\n if he or she has attained the age of 70 years.\n (4) A Judge ceases to hold office as a Judge upon his or her attaining the age of 70 years.\n (5) A Judge ceases to hold office as a Judge if he or she no longer holds office as a Judge of another court created by the Parliament.\n (6) A Judge may resign his or her office by writing under his or her hand delivered to the Governor‑General.\n\n#### 53A Acting Chief Justice\n\n Whenever:\n (a) the Chief Justice is absent from Australia or is absent from duty; or\n (b) there is a vacancy in the office of Chief Justice;\n the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice.\n\n#### 54 Seniority of Judges\n\n The Chief Justice is the senior Judge of the Supreme Court and the other Judges have seniority according to the dates on which their Commissions took effect or, where the Commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their Commissions.\n\n#### 55 Holding of other judicial offices\n\n A person may be a Judge of the Supreme Court notwithstanding that he or she is also a Judge of another court created by the Parliament, or is also the holder of a judicial office in relation to a Territory other than Norfolk Island, by virtue of an appointment made either before or after his or her appointment as a Judge of the Supreme Court.\n\n#### 56 Salary and allowances of Judges\n\n A Judge is to be remunerated with the salary, annual allowances and travelling allowances that the Judge receives as a Judge of the other court, or other courts, of which he or she is a Judge.\n\n#### 57 Oath or affirmation of Judge\n\n A Judge appointed after the commencement of this section shall, before proceeding to discharge the duties of his or her office, take before the Governor‑General, a Judge of the Supreme Court or of another court created by the Parliament, or a person authorized by the Governor‑General for the purpose, an oath or affirmation in accordance with the form in Schedule 4.\n\n#### 58 Exercise of jurisdiction\n\n (1) The jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court or, to the extent and in the cases provided by or under enactment, sitting in Chambers.\n (2) The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the Supreme Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to the Judge or Judges who is or are to constitute the Supreme Court in particular matters or classes of matters.\n (3) The Supreme Court constituted by one Judge may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Court.\n (4) The exercise of the jurisdiction of the Supreme Court by a Judge is not invalidated and shall not be called in question on the ground that it is not in accordance with arrangements made in pursuance of this section.\n\n#### 59 Jurisdiction of Supreme Court\n\n Except as provided under this Act, the jurisdiction, practice and procedure of the Supreme Court shall be as provided by or under enactment.\n\n### Division 2—Establishment of courts and tribunals\n\n#### 60 Establishment of courts and tribunals\n\n Courts and tribunals for the Territory may be established by or under enactment.\n\n### Division 3—Conferral of jurisdiction on prescribed State or Territory courts\n\n#### 60AA Conferral of jurisdiction on prescribed State or Territory courts\n\n Conferral of jurisdiction\n (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.\n (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.\n\n> 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.\n\n Places at which court may sit\n (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.\n Application of laws of procedure etc. in criminal proceedings\n (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:\n (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\n (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\n (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\n (d) the reference in subsection (5A) of that section to another State (which includes a Territory) does not include a reference to Norfolk Island.\n State or Territory laws to govern where applicable\n (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.\n Other matters\n (6) This section is subject to:\n (a) the Constitution; and\n (b) any law in force in Norfolk Island.\n\n> 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.\n\n (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 subsections (4) and (5) of this section.\n\n## Part VIIA—Procedure in criminal and civil matters\n\n### Division 1—Criminal matters\n\n#### Subdivision A—No limitation period on prosecution of sex offences\n\n#### 60A No limitation period on prosecution of sex offences\n\n (1) A prosecution for an offence against a law of the Territory may be commenced at any time after the commission of the offence if that law is listed in Schedule 5.\n\n> Note: See section 60M for the meaning of an offence against a law of the Territory.\n\n (2) Subsection (1) applies even if:\n (a) but for that subsection, the offence would be subject to a shorter limitation period, including a shorter limitation period that has expired (either before the commencement of this section or before the commencement of the prosecution); or\n (b) an immunity from prosecution in relation to the offence has arisen because a shorter limitation period has expired (either before the commencement of this section or before the commencement of the prosecution).\n (3) Schedule 5 has effect.\n\n#### Subdivision B—Hearing criminal matters in another jurisdiction\n\n#### 60B Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Subdivision relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s criminal jurisdiction.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Subdivision unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60C Supreme Court may sit in a host jurisdiction\n\n (1) Subject to this section, the Supreme Court, in the exercise of its criminal jurisdiction, may sit in a host jurisdiction if to do so would not be contrary to the interests of justice.\n (2) The Supreme Court may, at any time after prosecution for an offence against a law of the Territory commences and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:\n (a) if the trial of the offence has not begun—that the trial be held in a host jurisdiction, and at a time and place, specified in the order; and\n (b) if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a host jurisdiction, and at a time and place, specified in the order.\n (3) The Supreme Court may make an order under subsection (2) at a sittings of the Court in the Territory or in a host jurisdiction.\n (4) The Supreme Court may make an order under subsection (2) at a sittings of the Court in a host jurisdiction whether or not the accused is present but, if the accused is not present, the Court must only make the order if:\n (a) the accused is represented; and\n (b) the Court is satisfied that the accused understands the effect of the order.\n (5) Where the Supreme Court makes an order under subsection (2), the Court may order that:\n (a) on the warrant of the Registrar, a Magistrate of the Territory or such other person as the Supreme Court directs (being a person who holds an office in relation to the Court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and\n (b) on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.\n (6) When exercising its criminal jurisdiction in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.\n (7) A power exercised by the Supreme Court under subsection (6) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (8) Where the Supreme Court is sitting in a host jurisdiction for the purpose of a trial in that jurisdiction, the Court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:\n (a) the trial be adjourned for such time as the Court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose; and\n (b) on the warrant of the Registrar, the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and\n (c) the jurors empanelled for the trial go to the Territory and remain there for such time as the Court directs for the purpose of continuing to attend as jurors in the trial.\n (9) A person who appears as a witness in the Supreme Court in a trial, or in related proceedings, held wholly or partly in a host jurisdiction, must be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.\n (10) Where:\n (a) the Supreme Court, when exercising its criminal jurisdiction in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n\n#### 60D Juries outside the Territory\n\n (1) Subject to this section and the regulations, the laws in force in a host jurisdiction relating to each of the following:\n (a) the qualification of jurors;\n (b) the preparation of jury lists and jury panels;\n (c) the summoning, attendance and empanelling of juries;\n (d) the number of jurors;\n (e) the right of challenge;\n (f) the discharge of juries;\n (g) the disagreement of jurors;\n (h) the remuneration of jurors;\n (i) other matters concerning jurors (other than matters dealt with under section 60E) after they have been summoned, appointed or sworn;\n that apply for the purposes of the trial of a criminal matter in the Supreme Court of that jurisdiction sitting at a place in that jurisdiction, extend and are to be applied, with such changes as are necessary, for the purposes of the trial of a criminal matter in the Supreme Court of the Territory when sitting at that place.\n (2) For the purposes of a trial in the Supreme Court held wholly or partly at a place in a host jurisdiction, the jury list that would be used for the purposes of a criminal trial in the Supreme Court of that jurisdiction sitting in the same place is to be used as well for the purposes of the trial in the Supreme Court of the Territory.\n (3) The precept for a jury is to be issued by the Registrar, or such other person holding an office in relation to the Supreme Court as the Court directs, and the Sheriff or such other person as the Court directs must prepare the jury panels and summon jurors.\n (4) The person who has custody of the jury list referred to in subsection (2) in the host jurisdiction where the Supreme Court is holding a trial must:\n (a) give a copy of that list to the person directed by the Court to prepare a jury panel; and\n (b) indicate on that copy the names of the persons who, to that person’s knowledge, would not, if summoned at the time the copy is given, be liable to serve as jurors under the law in force in that jurisdiction.\n (5) The Commonwealth must pay any reasonable fee demanded for a copy of a list referred to in paragraph (4)(a).\n (6) Any remuneration required to be paid to a person who serves, or is summoned to serve, on a jury in a trial in the Supreme Court held wholly or partly in a host jurisdiction must be paid by the Commonwealth.\n (7) Where a law applied by this Act for the purposes of a trial in the Supreme Court requires an act or thing to be done by a person specified in that law, the Court may, if it is necessary to do so for the purpose of the effective application of the law, order that a person who holds a specified office in relation to the Court do that act or thing, and the law is taken to apply to that person accordingly.\n (8) The regulations may provide that the provisions of a law referred to in subsection (1) that are specified in the regulations have effect with any modifications specified in the regulations.\n (9) In this section, jury list means the roll, list, or book on or in which the names of persons liable to serve as jurors appear.\n\n#### 60E Offences in relation to jurors\n\n (1) A person who is served with a summons to attend as a juror in a trial in the Supreme Court held wholly or partly in a host jurisdiction must not:\n (a) fail to attend in accordance with the summons; or\n (b) having so attended, withdraw from the presence of the Court, without the permission of the Sheriff, before being discharged or excused by a judge of the Court or the Sheriff.\n\nPenalty: Imprisonment for 1 month.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code (Commonwealth)).\n\n (3) A person must not impersonate a person who is a juror with the intention of sitting on a jury.\n\nPenalty: Imprisonment for 6 months.\n\n (4) A person must not:\n (a) engage in conduct that results in the corruption of a juror; or\n (b) make or promise a payment to a juror, or confer or promise to confer any other benefit on a juror in relation to the person’s service as a juror, other than a payment of the ordinary remuneration of the juror’s employment; or\n (c) being a juror, accept such a payment or benefit.\n\nPenalty: Imprisonment for 5 years.\n\n (5) In this section:\n\n> juror includes a person whose name is on a jury panel.\n\n#### 60F Removal of accused to host jurisdiction to stand trial\n\n (1) Where the Supreme Court makes an order under paragraph 60C(5)(a) in relation to an accused, the Registrar, a Magistrate of the Territory or a person directed by the Court under that paragraph, may:\n (a) by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and\n (b) by warrant directed to that officer, require that officer to detain the accused in that prison under this section.\n (2) A warrant directed to all constables may be executed by any constable.\n (3) An accused delivered into custody at a prison in a host jurisdiction under a warrant under subsection (1) may, subject to any order of the Supreme Court, be detained in that prison or any other prison in that jurisdiction for so long as the accused’s detention is necessary for the execution of the order.\n (4) An accused may, while in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection (1) had been issued under a law in force in the host jurisdiction relating to holding persons in custody pending the trial of those persons.\n (5) The Commonwealth is to pay to the host jurisdiction the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection (1).\n\n#### 60G Accused to be conveyed to Court\n\n (1) Where an accused has been removed to a host jurisdiction under this Act, a judge of the Supreme Court may order that the accused be conveyed to the Court for the purposes of trial in that jurisdiction, and any related proceedings.\n (2) Where a judge of the Supreme Court makes an order under subsection (1), the person who has the custody of the accused must release the accused to a constable to enable the accused to be conveyed to the Court in accordance with that order.\n\n#### 60H Return of accused to Territory\n\n (1) Where the Supreme Court makes an order under paragraph 60C(8)(b), the Registrar may, by warrant directed to all constables, require them to convey the accused in custody from the host jurisdiction in which the Court made the order to the prison in the Territory specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n\n#### 60J Person taken to be prisoner under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if:\n (a) a person has been tried in relation to an indictable offence against a law of the Territory by the Supreme Court sitting in a host jurisdiction; and\n (b) the person is convicted of that offence and sentenced to imprisonment.\n (2) The person is taken:\n (a) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) The provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60K Person taken to be criminal lunatic under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if a person who has been removed to a host jurisdiction under this Act:\n (a) is found to have been insane at the time of the commission of the offence; or\n (b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or\n (c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane.\n (2) The person is taken:\n (a) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) Sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60L Repatriation of person tried in a host jurisdiction\n\n Where:\n (a) a person has been removed to a host jurisdiction under this Act; and\n (b) the trial of the person in the Supreme Court sitting in that jurisdiction has concluded; and\n (c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;\n the Commonwealth must, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.\n\n#### Subdivision C—Historical offences, conduct and engaging in conduct\n\n#### 60M Historical offences\n\n In this Division, a reference to an offence against a law of the Territory:\n (a) includes a reference to an offence against a law in force in the Territory at the time the conduct constituting the offence is alleged to have occurred; and\n (b) includes a reference to an offence against a law mentioned in paragraph (a), even if that law has subsequently been amended or repealed.\n\n#### 60N Meanings of conduct and engage in conduct\n\n In this Division:\n\n> conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n> engage in conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n### Division 2—Civil matters\n\n#### 60P Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Division relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s jurisdiction in civil matters.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Division unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60Q Supreme Court may sit in a host jurisdiction\n\n (1) The Supreme Court, in the exercise of its jurisdiction in civil matters, may sit in a host jurisdiction under this section if to do so would not be contrary to the interests of justice.\n (2) If a civil matter is before the Supreme Court for hearing at a sitting of the court, the court may order that the hearing of the matter be adjourned and continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (3) If a civil matter is not before the Supreme Court for hearing, a Judge may order that the matter be heard or continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (4) When exercising its jurisdiction in a civil matter in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its jurisdiction in that matter in the Territory.\n (5) A power exercised by the Supreme Court under subsection (4) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (7) Where:\n (a) the Supreme Court, when exercising its jurisdiction in a civil matter in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n (8) An order made under subsection (2) or (3) to hear or continue a matter in a host jurisdiction, may:\n (a) if the matter is before the Supreme Court for hearing at a sitting of the court—be revoked by the court and replaced with an order that the hearing of the matter be adjourned and continued at a sitting of the court in the Territory, and at a time and place, specified in the order; and\n (b) if the matter is not before the Supreme Court for hearing—be revoked by a judge of the Court and replaced with an order that the matter be heard or continued at a sitting of the court in the Territory, and at a time and place, specified in the order.\n (9) An order (made under subsection (8) or otherwise) to hear or continue a civil matter at a sitting of the Supreme Court in the Territory may be revoked and be replaced with an order under subsection (2) or (3).\n\n## Part VIII—Miscellaneous\n\n#### 61 Appointment of officers\n\n (1) Despite the Public Service Act 1999, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.\n (2) This section does not prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.\n\n#### 62 Disposal of land\n\n (1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an enactment under which:\n (a) land in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or\n (b) instruments, receipts and other documents in relation to any such land may be executed; or\n (c) rights, duties and liabilities in relation to any such land are or may be acquired, conferred or imposed.\n (2) An enactment referred to in subsection (1) which provides for the acquisition of land must provide that such land must not be acquired otherwise than on just terms.\n\n#### 64 Customs duty on certain goods\n\n (1) Duties of customs are not chargeable on goods imported into Australia from the Territory if the goods:\n (a) are the produce or manufacture of the Territory; and\n (b) have been shipped in the Territory for export to Australia; and\n (c) are not goods which, if manufactured or produced in Australia, would be subject to a duty of excise.\n (2) In this section:\n\n> Australia does not include Norfolk Island.\n\n#### 66 Grant of pardon, remission etc.\n\n (1) The Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as he or she thinks fit, of the execution of sentence, and may remit any fines, penalties and forfeitures imposed or incurred under a law in force in the Territory.\n (2) Without limiting the powers of the Governor‑General under subsection (1), provision may be made by enactment for the remission, for good conduct, of part of the sentence of a person serving a sentence of imprisonment in the Territory.\n (3) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.\n\n#### 66A Ordinances—incorporation of matters by reference\n\n (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.\n (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.\n\n#### 67 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:\n (a) prescribing circumstances in which the prosecution for an offence against a law of the Territory (as defined for the purposes of Division 1 of Part VIIA) is taken to have commenced for the purposes of subsection 60C(2); and\n (b) prescribing penalties, of imprisonment for a period not exceeding 3 months or a fine not exceeding 5 penalty units, for offences against the regulations.","sortOrder":18},{"sectionNumber":"19A","sectionType":"section","heading":"Governor‑General may make Ordinances","content":"#### 19A Governor‑General may make Ordinances\n\n (1) Subject to this Act, the Governor‑General may make Ordinances for the peace, order and good government of the Territory.\n (2) An Ordinance made under subsection (1) is a legislative instrument.","sortOrder":19},{"sectionNumber":"Division 3","sectionType":"division","heading":"Inconsistency of laws","content":"An Act to provide for the government of Norfolk Island\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Norfolk Island Act 1979.\n\n#### 2 Commencement\n\n (1) Sections 1, 2, 4, 31, 38, 39, 67, 68 and 69 shall come into operation on the day on which this Act receives the Royal Assent.\n (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Repeals\n\n The Norfolk Island Act 1957 and the Norfolk Island Act 1963 are repealed.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> amended: for when an applied law is amended, see subsection 18E(4).\n\n> applied law means:\n\n (a) an applied State law; or\n (b) an applied Territory law.\n\n> applied law jurisdiction: see section 5.\n\n> applied State law means a law of an applied law jurisdiction that is a State, as in force in Norfolk Island under section 18A.\n\n> applied Territory law means a law of an applied law jurisdiction that is a Territory, as in force in Norfolk Island under section 18A.\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authority includes a body corporate, or an unincorporated body, established for a public purpose.\n\n> Chief Justice means the Chief Justice of the Supreme Court.\n\n> civil matter means any matter that may be determined by the Supreme Court other than in the exercise of its criminal jurisdiction.\n\n> Commonwealth Minister means a Minister of State of the Commonwealth.\n\n> constable means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) a member of the Police Force of Norfolk Island.\n\n> court officer, of a State or Territory that is an applied law jurisdiction, means a person holding, occupying or exercising the powers of:\n\n (a) any of the following offices in a court of that jurisdiction:\n (i) Judge;\n (ii) Magistrate (however described);\n (iii) Master;\n (iv) Registrar (however described);\n (v) Clerk (however described);\n (vi) Sheriff (however described);\n (vii) Bailiff (however described); or\n (b) any other office, prescribed by the regulations for the purposes of this paragraph, of a court of that jurisdiction.\n\n> enactment means:\n\n (a) a section 19A Ordinance; or\n (b) an Ordinance continued in force by this Act; or\n (c) a Legislative Assembly law continued in force by this Act.\n\n> final transition time means the commencement of Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015.\n\n> host jurisdiction means any of the following:\n\n (a) a State;\n (b) the Australian Capital Territory;\n (c) the Northern Territory.\n\n> interim transition time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Legislation Amendment Act 2015.\n\n> Judge means a Judge of the Supreme Court (including the Chief Justice).\n\n> law of an applied law jurisdiction: see subsection 18A(6).\n\n> Legislative Assembly means the Legislative Assembly of Norfolk Island that was in existence before the interim transition time.\n\n> Legislative Assembly law means a law (however described or entitled) passed by the Legislative Assembly, and assented to under this Act, before the interim transition time.\n\n> Magistrate of the Territory means a person appointed as a magistrate under a law in force in the Territory.\n\n> Norfolk Island: see the definition of Territory.\n\n> Norfolk Island Regional Council means a body that is:\n\n (a) established by or under a law in force in the Territory; and\n (b) declared by a section 19A Ordinance to be the Norfolk Island Regional Council for the purposes of this definition.\n\n> power includes a function or duty, and, in that context, exercise means perform.\n\n> prescribed State or Territory means a State or Territory prescribed for the purposes of subsection 60AA(1).\n\n> prison includes a lock‑up or other place of lawful detention.\n\n> Registrar means the Registrar, or the Deputy Registrar, of the Supreme Court.\n\n> responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.\n\n> section 19A Ordinance means an Ordinance made under section 19A after the interim transition time.\n\n> Sheriff means the Sheriff, or the Deputy Sheriff, of the Territory.\n\n> Supreme Court means the Supreme Court of Norfolk Island referred to in section 52.\n\n> Territory, or Norfolk Island, means the Territory of Norfolk Island and, when used in a geographical sense, means the area described in Schedule 1.\n\n (3) A reference in this Act to a law, or to regulations, in force immediately before a particular date shall be read as including a reference to any provisions of the law, or of the regulations, that are not to come into operation until that date or a later date.\n\n#### 5 Meaning of applied law jurisdiction\n\n (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:\n (a) New South Wales;\n (b) a State or Territory (if any) prescribed for the purposes of paragraph (2)(a).\n (2) The regulations may provide for:\n (a) a State or Territory (other than Norfolk Island) to be an applied law jurisdiction; or\n (b) a State (including New South Wales) or a Territory to stop being an applied law jurisdiction.\n (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).\n\n## Part IV—Legislation\n\n### Division 1—Laws\n\n#### 15 Laws in force in the Territory\n\n (1) The laws in force in the Territory from time to time are:\n (a) Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and\n (b) laws made under Acts to the extent that those laws are in force from time to time in, or in relation to, the Territory; and\n (c) section 19A Ordinances as in force from time to time; and\n (d) laws continued in force by section 16 or 16A (including such a law as amended in accordance with section 17); and\n (e) applied laws.\n (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.\n\n#### 16 Continuance of laws in force immediately before 7 August 1979\n\n (1) Notwithstanding the repeal of the Norfolk Island Act 1957 and the Norfolk Island Act 1963, but subject to this Act, all other laws in force immediately before the date of commencement of this section in or in relation to the Territory continue in force.\n\n> Note: This section commenced on 7 August 1979.\n\n (2) In this section, laws means Ordinances made under, and laws continued in force by, the Norfolk Island Act 1957 and laws made under such an Ordinance or law.\n\n#### 16A Continuance of certain laws in force immediately before the interim transition time\n\n (1) Subject to this Act, all Legislative Assembly laws that were in force immediately before the interim transition time continue in force.\n (2) Subject to this Act, all Ordinances made under this Act that were in force immediately before the interim transition time continue in force.\n (3) A reference in this section to a Legislative Assembly law includes a reference to a law made under a Legislative Assembly law.\n (4) A reference in this section to an Ordinance made under this Act includes a reference to a law made under such an Ordinance.\n (5) This section has effect despite the repeal of sections 19 and 27 by the Norfolk Island Legislation Amendment Act 2015.\n\n#### 17 Amendment and repeal of existing laws\n\n (1) Subject to this Act, a law continued in force by section 16 may be amended or repealed by an enactment or by a law made under an enactment.\n (2) A law continued in force by section 16, being an Ordinance, or being a Law made by the Governor of the State of New South Wales before the commencement of the Norfolk Island Act 1913, may not be amended or repealed by a law made under an enactment unless the contrary intention appears in that enactment.\n (3) Subject to this Act, a law continued in force by section 16 or 16A may be amended or repealed by a section 19A Ordinance or by a law made under a section 19A Ordinance.\n (4) A section 19A Ordinance may suspend the operation of a law continued in force by section 16 or 16A for such period as is specified in the Ordinance.\n\n#### 18 Application of Commonwealth Acts\n\n (1) An Act or a provision of an Act extends to the Territory of its own force except so far as the Act or another Act expressly provides otherwise.\n (2) Except as provided by this Act, an enactment has no effect so far as it purports to affect the application of an Act or a provision of an Act in or in relation to the Territory.\n (3) Subsections (1) and (2) apply to Acts passed before, on or after 1 July 2016.\n\n#### 18A Application of laws of applied law jurisdictions\n\n (1) Subject to this section and sections 18B and 18D, the laws of an applied law jurisdiction are in force in Norfolk Island.\n (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.\n (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.\n (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:\n (a) the Constitution; or\n (b) an Act; or\n (c) an enactment; or\n (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.\n (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:\n (a) an Act;\n (b) an enactment;\n (c) a law of another applied law jurisdiction;\n to the extent that the first applied law is capable of operating concurrently with the other law.\n (6) A law of an applied law jurisdiction:\n (a) is a law in force in an applied law jurisdiction from time to time; and\n (b) includes a principle or rule of common law or equity that is part of the law of that jurisdiction; and\n (c) does not include:\n (i) a Commonwealth Act or a provision of a Commonwealth Act; or\n (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.\n\n#### 18B Powers under applied State laws\n\n Vesting of powers\n (1) If, by an applied State law, a power is vested in:\n (a) a Minister of the State; or\n (b) the Governor of the State; or\n (c) the Governor‑in‑Council of the State;\n 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.\n (2) If:\n (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\n (b) subsection (1) does not apply to that power;\n 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.\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied State law.\n\n Delegation etc.\n (3) If a power is vested in the responsible Commonwealth Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a person or authority; or\n (b) delegate the power to a person or authority.\n (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:\n (a) in the direction or delegation; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the responsible Commonwealth Minister.\n (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:\n (a) if authorised to do so by the direction; or\n (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.\n Deemed vesting of powers—State persons and authorities exercising powers in Norfolk Island\n (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:\n (a) the person or authority is subject to an arrangement under section 18C with the State and is:\n (i) an officer or employee of the State; or\n (ii) an authority established by or under a law of the State; or\n (iii) an officer or employee of such an authority; and\n (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:\n (i) whether in the person’s or authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way.\n Deemed vesting of powers—Norfolk Island persons and authorities\n (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.\n\n```html\n

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

\n```\n\n (6) The responsible Commonwealth Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18C Arrangements with the Government of a State\n\n (1) The Commonwealth may enter into arrangements with a State for the effective application and administration of the laws in force in Norfolk Island.\n (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:\n (a) an officer or employee of the State; or\n (b) an authority established by or under a law of the State; or\n (c) an officer or employee of an authority established by or under a law of the State.\n\n#### 18D Powers under applied Territory laws\n\n Vesting of powers\n (1) If, by an applied Territory law, a power is vested in:\n (a) a person (other than a court officer of that Territory); or\n (b) an authority (other than a court of that Territory);\n that power is vested in, and may be exercised by, that person or authority in relation to Norfolk Island.\n (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).\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied Territory law.\n\n Vesting directions etc.\n (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:\n (a) also vested in a person or authority (which may be that Minister); or\n (b) vested instead in another person or authority (which may be that Minister).\n (5) A direction under subsection (4) is subject to such conditions as may be specified in the direction.\n (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.\n Effect of solely vesting powers in other persons or authorities\n (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.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18E Applied laws—effect of directions and delegations\n\n Scope\n (1) This section applies if:\n (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\n (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\n (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.\n Addition of powers\n (2) If:\n (a) the applied law is amended to give the first mentioned person or authority one or more additional powers under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers.\n Alteration of powers\n (3) If:\n (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\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered.\n Amendments of applied laws\n (4) An applied law is amended if:\n (a) the applied law is amended by a section 19A Ordinance; or\n (b) the corresponding law of the applied law jurisdiction is amended.\n\n### Division 2—Legislative powers of the Governor‑General\n\n#### 19A Governor‑General may make Ordinances\n\n (1) Subject to this Act, the Governor‑General may make Ordinances for the peace, order and good government of the Territory.\n (2) An Ordinance made under subsection (1) is a legislative instrument.\n\n### Division 3—Inconsistency of laws\n\n#### 29 Inconsistency of Legislative Assembly laws with old Ordinances\n\n (1) Where an enactment made under repealed Division 2 (as in force before the interim transition time) is inconsistent with an Ordinance made by the Governor‑General under repealed section 27 (as in force before the interim transition time), the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid, but an enactment and an Ordinance shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently.\n (2) A reference in this section to an enactment or to an Ordinance shall be read as including a reference to a law made under an enactment or under an Ordinance, as the case may be.\n\n#### 30 Inconsistency of section 19A Ordinances with the regulations\n\n (1) If a section 19A Ordinance is inconsistent with the regulations, the regulations prevail, and the section 19A Ordinance is, to the extent of the inconsistency, invalid.\n (2) For the purposes of subsection (1), a section 19A Ordinance is taken to be consistent with the regulations to the extent that they are capable of operating concurrently.\n (3) A reference in this section to a section 19A Ordinance includes a reference to a law made under a section 19A Ordinance.\n\n## Part VII—The Judicial System\n\n### Division 1—The Supreme Court of Norfolk Island\n\n#### 52 Constitution of Supreme Court\n\n (1) The Supreme Court of Norfolk Island established by the Norfolk Island Act 1957 continues in existence, notwithstanding the repeal of that Act, as the Superior Court of Record of the Territory.\n (2) The Supreme Court shall consist of a Chief Justice and such other Judge as is, or such other Judges as are, appointed in accordance with this Act.\n\n#### 53 Appointment of Judges\n\n (1) The Governor‑General may, by Commission, appoint a person who, or persons each of whom, is a Judge of another court created by the Parliament to be a Judge or Judges of the Supreme Court.\n (1A) The Governor‑General may, by Commission, appoint a person who is a Judge of another court created by the Parliament to be the Chief Justice of the Supreme Court.\n (3) A person shall not be appointed:\n (a) as a Judge under subsection (1); or\n (b) as the Chief Justice under subsection (1A), whether or not he or she already holds office as a Judge;\n if he or she has attained the age of 70 years.\n (4) A Judge ceases to hold office as a Judge upon his or her attaining the age of 70 years.\n (5) A Judge ceases to hold office as a Judge if he or she no longer holds office as a Judge of another court created by the Parliament.\n (6) A Judge may resign his or her office by writing under his or her hand delivered to the Governor‑General.\n\n#### 53A Acting Chief Justice\n\n Whenever:\n (a) the Chief Justice is absent from Australia or is absent from duty; or\n (b) there is a vacancy in the office of Chief Justice;\n the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice.\n\n#### 54 Seniority of Judges\n\n The Chief Justice is the senior Judge of the Supreme Court and the other Judges have seniority according to the dates on which their Commissions took effect or, where the Commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their Commissions.\n\n#### 55 Holding of other judicial offices\n\n A person may be a Judge of the Supreme Court notwithstanding that he or she is also a Judge of another court created by the Parliament, or is also the holder of a judicial office in relation to a Territory other than Norfolk Island, by virtue of an appointment made either before or after his or her appointment as a Judge of the Supreme Court.\n\n#### 56 Salary and allowances of Judges\n\n A Judge is to be remunerated with the salary, annual allowances and travelling allowances that the Judge receives as a Judge of the other court, or other courts, of which he or she is a Judge.\n\n#### 57 Oath or affirmation of Judge\n\n A Judge appointed after the commencement of this section shall, before proceeding to discharge the duties of his or her office, take before the Governor‑General, a Judge of the Supreme Court or of another court created by the Parliament, or a person authorized by the Governor‑General for the purpose, an oath or affirmation in accordance with the form in Schedule 4.\n\n#### 58 Exercise of jurisdiction\n\n (1) The jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court or, to the extent and in the cases provided by or under enactment, sitting in Chambers.\n (2) The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the Supreme Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to the Judge or Judges who is or are to constitute the Supreme Court in particular matters or classes of matters.\n (3) The Supreme Court constituted by one Judge may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Court.\n (4) The exercise of the jurisdiction of the Supreme Court by a Judge is not invalidated and shall not be called in question on the ground that it is not in accordance with arrangements made in pursuance of this section.\n\n#### 59 Jurisdiction of Supreme Court\n\n Except as provided under this Act, the jurisdiction, practice and procedure of the Supreme Court shall be as provided by or under enactment.\n\n### Division 2—Establishment of courts and tribunals\n\n#### 60 Establishment of courts and tribunals\n\n Courts and tribunals for the Territory may be established by or under enactment.\n\n### Division 3—Conferral of jurisdiction on prescribed State or Territory courts\n\n#### 60AA Conferral of jurisdiction on prescribed State or Territory courts\n\n Conferral of jurisdiction\n (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.\n (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.\n\n> 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.\n\n Places at which court may sit\n (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.\n Application of laws of procedure etc. in criminal proceedings\n (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:\n (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\n (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\n (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\n (d) the reference in subsection (5A) of that section to another State (which includes a Territory) does not include a reference to Norfolk Island.\n State or Territory laws to govern where applicable\n (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.\n Other matters\n (6) This section is subject to:\n (a) the Constitution; and\n (b) any law in force in Norfolk Island.\n\n> 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.\n\n (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 subsections (4) and (5) of this section.\n\n## Part VIIA—Procedure in criminal and civil matters\n\n### Division 1—Criminal matters\n\n#### Subdivision A—No limitation period on prosecution of sex offences\n\n#### 60A No limitation period on prosecution of sex offences\n\n (1) A prosecution for an offence against a law of the Territory may be commenced at any time after the commission of the offence if that law is listed in Schedule 5.\n\n> Note: See section 60M for the meaning of an offence against a law of the Territory.\n\n (2) Subsection (1) applies even if:\n (a) but for that subsection, the offence would be subject to a shorter limitation period, including a shorter limitation period that has expired (either before the commencement of this section or before the commencement of the prosecution); or\n (b) an immunity from prosecution in relation to the offence has arisen because a shorter limitation period has expired (either before the commencement of this section or before the commencement of the prosecution).\n (3) Schedule 5 has effect.\n\n#### Subdivision B—Hearing criminal matters in another jurisdiction\n\n#### 60B Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Subdivision relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s criminal jurisdiction.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Subdivision unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60C Supreme Court may sit in a host jurisdiction\n\n (1) Subject to this section, the Supreme Court, in the exercise of its criminal jurisdiction, may sit in a host jurisdiction if to do so would not be contrary to the interests of justice.\n (2) The Supreme Court may, at any time after prosecution for an offence against a law of the Territory commences and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:\n (a) if the trial of the offence has not begun—that the trial be held in a host jurisdiction, and at a time and place, specified in the order; and\n (b) if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a host jurisdiction, and at a time and place, specified in the order.\n (3) The Supreme Court may make an order under subsection (2) at a sittings of the Court in the Territory or in a host jurisdiction.\n (4) The Supreme Court may make an order under subsection (2) at a sittings of the Court in a host jurisdiction whether or not the accused is present but, if the accused is not present, the Court must only make the order if:\n (a) the accused is represented; and\n (b) the Court is satisfied that the accused understands the effect of the order.\n (5) Where the Supreme Court makes an order under subsection (2), the Court may order that:\n (a) on the warrant of the Registrar, a Magistrate of the Territory or such other person as the Supreme Court directs (being a person who holds an office in relation to the Court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and\n (b) on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.\n (6) When exercising its criminal jurisdiction in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.\n (7) A power exercised by the Supreme Court under subsection (6) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (8) Where the Supreme Court is sitting in a host jurisdiction for the purpose of a trial in that jurisdiction, the Court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:\n (a) the trial be adjourned for such time as the Court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose; and\n (b) on the warrant of the Registrar, the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and\n (c) the jurors empanelled for the trial go to the Territory and remain there for such time as the Court directs for the purpose of continuing to attend as jurors in the trial.\n (9) A person who appears as a witness in the Supreme Court in a trial, or in related proceedings, held wholly or partly in a host jurisdiction, must be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.\n (10) Where:\n (a) the Supreme Court, when exercising its criminal jurisdiction in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n\n#### 60D Juries outside the Territory\n\n (1) Subject to this section and the regulations, the laws in force in a host jurisdiction relating to each of the following:\n (a) the qualification of jurors;\n (b) the preparation of jury lists and jury panels;\n (c) the summoning, attendance and empanelling of juries;\n (d) the number of jurors;\n (e) the right of challenge;\n (f) the discharge of juries;\n (g) the disagreement of jurors;\n (h) the remuneration of jurors;\n (i) other matters concerning jurors (other than matters dealt with under section 60E) after they have been summoned, appointed or sworn;\n that apply for the purposes of the trial of a criminal matter in the Supreme Court of that jurisdiction sitting at a place in that jurisdiction, extend and are to be applied, with such changes as are necessary, for the purposes of the trial of a criminal matter in the Supreme Court of the Territory when sitting at that place.\n (2) For the purposes of a trial in the Supreme Court held wholly or partly at a place in a host jurisdiction, the jury list that would be used for the purposes of a criminal trial in the Supreme Court of that jurisdiction sitting in the same place is to be used as well for the purposes of the trial in the Supreme Court of the Territory.\n (3) The precept for a jury is to be issued by the Registrar, or such other person holding an office in relation to the Supreme Court as the Court directs, and the Sheriff or such other person as the Court directs must prepare the jury panels and summon jurors.\n (4) The person who has custody of the jury list referred to in subsection (2) in the host jurisdiction where the Supreme Court is holding a trial must:\n (a) give a copy of that list to the person directed by the Court to prepare a jury panel; and\n (b) indicate on that copy the names of the persons who, to that person’s knowledge, would not, if summoned at the time the copy is given, be liable to serve as jurors under the law in force in that jurisdiction.\n (5) The Commonwealth must pay any reasonable fee demanded for a copy of a list referred to in paragraph (4)(a).\n (6) Any remuneration required to be paid to a person who serves, or is summoned to serve, on a jury in a trial in the Supreme Court held wholly or partly in a host jurisdiction must be paid by the Commonwealth.\n (7) Where a law applied by this Act for the purposes of a trial in the Supreme Court requires an act or thing to be done by a person specified in that law, the Court may, if it is necessary to do so for the purpose of the effective application of the law, order that a person who holds a specified office in relation to the Court do that act or thing, and the law is taken to apply to that person accordingly.\n (8) The regulations may provide that the provisions of a law referred to in subsection (1) that are specified in the regulations have effect with any modifications specified in the regulations.\n (9) In this section, jury list means the roll, list, or book on or in which the names of persons liable to serve as jurors appear.\n\n#### 60E Offences in relation to jurors\n\n (1) A person who is served with a summons to attend as a juror in a trial in the Supreme Court held wholly or partly in a host jurisdiction must not:\n (a) fail to attend in accordance with the summons; or\n (b) having so attended, withdraw from the presence of the Court, without the permission of the Sheriff, before being discharged or excused by a judge of the Court or the Sheriff.\n\nPenalty: Imprisonment for 1 month.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code (Commonwealth)).\n\n (3) A person must not impersonate a person who is a juror with the intention of sitting on a jury.\n\nPenalty: Imprisonment for 6 months.\n\n (4) A person must not:\n (a) engage in conduct that results in the corruption of a juror; or\n (b) make or promise a payment to a juror, or confer or promise to confer any other benefit on a juror in relation to the person’s service as a juror, other than a payment of the ordinary remuneration of the juror’s employment; or\n (c) being a juror, accept such a payment or benefit.\n\nPenalty: Imprisonment for 5 years.\n\n (5) In this section:\n\n> juror includes a person whose name is on a jury panel.\n\n#### 60F Removal of accused to host jurisdiction to stand trial\n\n (1) Where the Supreme Court makes an order under paragraph 60C(5)(a) in relation to an accused, the Registrar, a Magistrate of the Territory or a person directed by the Court under that paragraph, may:\n (a) by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and\n (b) by warrant directed to that officer, require that officer to detain the accused in that prison under this section.\n (2) A warrant directed to all constables may be executed by any constable.\n (3) An accused delivered into custody at a prison in a host jurisdiction under a warrant under subsection (1) may, subject to any order of the Supreme Court, be detained in that prison or any other prison in that jurisdiction for so long as the accused’s detention is necessary for the execution of the order.\n (4) An accused may, while in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection (1) had been issued under a law in force in the host jurisdiction relating to holding persons in custody pending the trial of those persons.\n (5) The Commonwealth is to pay to the host jurisdiction the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection (1).\n\n#### 60G Accused to be conveyed to Court\n\n (1) Where an accused has been removed to a host jurisdiction under this Act, a judge of the Supreme Court may order that the accused be conveyed to the Court for the purposes of trial in that jurisdiction, and any related proceedings.\n (2) Where a judge of the Supreme Court makes an order under subsection (1), the person who has the custody of the accused must release the accused to a constable to enable the accused to be conveyed to the Court in accordance with that order.\n\n#### 60H Return of accused to Territory\n\n (1) Where the Supreme Court makes an order under paragraph 60C(8)(b), the Registrar may, by warrant directed to all constables, require them to convey the accused in custody from the host jurisdiction in which the Court made the order to the prison in the Territory specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n\n#### 60J Person taken to be prisoner under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if:\n (a) a person has been tried in relation to an indictable offence against a law of the Territory by the Supreme Court sitting in a host jurisdiction; and\n (b) the person is convicted of that offence and sentenced to imprisonment.\n (2) The person is taken:\n (a) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) The provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60K Person taken to be criminal lunatic under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if a person who has been removed to a host jurisdiction under this Act:\n (a) is found to have been insane at the time of the commission of the offence; or\n (b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or\n (c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane.\n (2) The person is taken:\n (a) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) Sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60L Repatriation of person tried in a host jurisdiction\n\n Where:\n (a) a person has been removed to a host jurisdiction under this Act; and\n (b) the trial of the person in the Supreme Court sitting in that jurisdiction has concluded; and\n (c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;\n the Commonwealth must, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.\n\n#### Subdivision C—Historical offences, conduct and engaging in conduct\n\n#### 60M Historical offences\n\n In this Division, a reference to an offence against a law of the Territory:\n (a) includes a reference to an offence against a law in force in the Territory at the time the conduct constituting the offence is alleged to have occurred; and\n (b) includes a reference to an offence against a law mentioned in paragraph (a), even if that law has subsequently been amended or repealed.\n\n#### 60N Meanings of conduct and engage in conduct\n\n In this Division:\n\n> conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n> engage in conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n### Division 2—Civil matters\n\n#### 60P Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Division relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s jurisdiction in civil matters.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Division unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60Q Supreme Court may sit in a host jurisdiction\n\n (1) The Supreme Court, in the exercise of its jurisdiction in civil matters, may sit in a host jurisdiction under this section if to do so would not be contrary to the interests of justice.\n (2) If a civil matter is before the Supreme Court for hearing at a sitting of the court, the court may order that the hearing of the matter be adjourned and continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (3) If a civil matter is not before the Supreme Court for hearing, a Judge may order that the matter be heard or continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (4) When exercising its jurisdiction in a civil matter in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its jurisdiction in that matter in the Territory.\n (5) A power exercised by the Supreme Court under subsection (4) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (7) Where:\n (a) the Supreme Court, when exercising its jurisdiction in a civil matter in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n (8) An order made under subsection (2) or (3) to hear or continue a matter in a host jurisdiction, may:\n (a) if the matter is before the Supreme Court for hearing at a sitting of the court—be revoked by the court and replaced with an order that the hearing of the matter be adjourned and continued at a sitting of the court in the Territory, and at a time and place, specified in the order; and\n (b) if the matter is not before the Supreme Court for hearing—be revoked by a judge of the Court and replaced with an order that the matter be heard or continued at a sitting of the court in the Territory, and at a time and place, specified in the order.\n (9) An order (made under subsection (8) or otherwise) to hear or continue a civil matter at a sitting of the Supreme Court in the Territory may be revoked and be replaced with an order under subsection (2) or (3).\n\n## Part VIII—Miscellaneous\n\n#### 61 Appointment of officers\n\n (1) Despite the Public Service Act 1999, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.\n (2) This section does not prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.\n\n#### 62 Disposal of land\n\n (1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an enactment under which:\n (a) land in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or\n (b) instruments, receipts and other documents in relation to any such land may be executed; or\n (c) rights, duties and liabilities in relation to any such land are or may be acquired, conferred or imposed.\n (2) An enactment referred to in subsection (1) which provides for the acquisition of land must provide that such land must not be acquired otherwise than on just terms.\n\n#### 64 Customs duty on certain goods\n\n (1) Duties of customs are not chargeable on goods imported into Australia from the Territory if the goods:\n (a) are the produce or manufacture of the Territory; and\n (b) have been shipped in the Territory for export to Australia; and\n (c) are not goods which, if manufactured or produced in Australia, would be subject to a duty of excise.\n (2) In this section:\n\n> Australia does not include Norfolk Island.\n\n#### 66 Grant of pardon, remission etc.\n\n (1) The Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as he or she thinks fit, of the execution of sentence, and may remit any fines, penalties and forfeitures imposed or incurred under a law in force in the Territory.\n (2) Without limiting the powers of the Governor‑General under subsection (1), provision may be made by enactment for the remission, for good conduct, of part of the sentence of a person serving a sentence of imprisonment in the Territory.\n (3) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.\n\n#### 66A Ordinances—incorporation of matters by reference\n\n (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.\n (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.\n\n#### 67 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:\n (a) prescribing circumstances in which the prosecution for an offence against a law of the Territory (as defined for the purposes of Division 1 of Part VIIA) is taken to have commenced for the purposes of subsection 60C(2); and\n (b) prescribing penalties, of imprisonment for a period not exceeding 3 months or a fine not exceeding 5 penalty units, for offences against the regulations.","sortOrder":20},{"sectionNumber":"29","sectionType":"section","heading":"Inconsistency of Legislative Assembly laws with old Ordinances","content":"#### 29 Inconsistency of Legislative Assembly laws with old Ordinances\n\n (1) Where an enactment made under repealed Division 2 (as in force before the interim transition time) is inconsistent with an Ordinance made by the Governor‑General under repealed section 27 (as in force before the interim transition time), the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid, but an enactment and an Ordinance shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently.\n (2) A reference in this section to an enactment or to an Ordinance shall be read as including a reference to a law made under an enactment or under an Ordinance, as the case may be.","sortOrder":21},{"sectionNumber":"30","sectionType":"section","heading":"Inconsistency of section 19A Ordinances with the regulations","content":"#### 30 Inconsistency of section 19A Ordinances with the regulations\n\n (1) If a section 19A Ordinance is inconsistent with the regulations, the regulations prevail, and the section 19A Ordinance is, to the extent of the inconsistency, invalid.\n (2) For the purposes of subsection (1), a section 19A Ordinance is taken to be consistent with the regulations to the extent that they are capable of operating concurrently.\n (3) A reference in this section to a section 19A Ordinance includes a reference to a law made under a section 19A Ordinance.","sortOrder":22},{"sectionNumber":"Part VII","sectionType":"part","heading":"The Judicial System","content":"An Act to provide for the government of Norfolk Island\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Norfolk Island Act 1979.\n\n#### 2 Commencement\n\n (1) Sections 1, 2, 4, 31, 38, 39, 67, 68 and 69 shall come into operation on the day on which this Act receives the Royal Assent.\n (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Repeals\n\n The Norfolk Island Act 1957 and the Norfolk Island Act 1963 are repealed.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> amended: for when an applied law is amended, see subsection 18E(4).\n\n> applied law means:\n\n (a) an applied State law; or\n (b) an applied Territory law.\n\n> applied law jurisdiction: see section 5.\n\n> applied State law means a law of an applied law jurisdiction that is a State, as in force in Norfolk Island under section 18A.\n\n> applied Territory law means a law of an applied law jurisdiction that is a Territory, as in force in Norfolk Island under section 18A.\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authority includes a body corporate, or an unincorporated body, established for a public purpose.\n\n> Chief Justice means the Chief Justice of the Supreme Court.\n\n> civil matter means any matter that may be determined by the Supreme Court other than in the exercise of its criminal jurisdiction.\n\n> Commonwealth Minister means a Minister of State of the Commonwealth.\n\n> constable means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) a member of the Police Force of Norfolk Island.\n\n> court officer, of a State or Territory that is an applied law jurisdiction, means a person holding, occupying or exercising the powers of:\n\n (a) any of the following offices in a court of that jurisdiction:\n (i) Judge;\n (ii) Magistrate (however described);\n (iii) Master;\n (iv) Registrar (however described);\n (v) Clerk (however described);\n (vi) Sheriff (however described);\n (vii) Bailiff (however described); or\n (b) any other office, prescribed by the regulations for the purposes of this paragraph, of a court of that jurisdiction.\n\n> enactment means:\n\n (a) a section 19A Ordinance; or\n (b) an Ordinance continued in force by this Act; or\n (c) a Legislative Assembly law continued in force by this Act.\n\n> final transition time means the commencement of Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015.\n\n> host jurisdiction means any of the following:\n\n (a) a State;\n (b) the Australian Capital Territory;\n (c) the Northern Territory.\n\n> interim transition time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Legislation Amendment Act 2015.\n\n> Judge means a Judge of the Supreme Court (including the Chief Justice).\n\n> law of an applied law jurisdiction: see subsection 18A(6).\n\n> Legislative Assembly means the Legislative Assembly of Norfolk Island that was in existence before the interim transition time.\n\n> Legislative Assembly law means a law (however described or entitled) passed by the Legislative Assembly, and assented to under this Act, before the interim transition time.\n\n> Magistrate of the Territory means a person appointed as a magistrate under a law in force in the Territory.\n\n> Norfolk Island: see the definition of Territory.\n\n> Norfolk Island Regional Council means a body that is:\n\n (a) established by or under a law in force in the Territory; and\n (b) declared by a section 19A Ordinance to be the Norfolk Island Regional Council for the purposes of this definition.\n\n> power includes a function or duty, and, in that context, exercise means perform.\n\n> prescribed State or Territory means a State or Territory prescribed for the purposes of subsection 60AA(1).\n\n> prison includes a lock‑up or other place of lawful detention.\n\n> Registrar means the Registrar, or the Deputy Registrar, of the Supreme Court.\n\n> responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.\n\n> section 19A Ordinance means an Ordinance made under section 19A after the interim transition time.\n\n> Sheriff means the Sheriff, or the Deputy Sheriff, of the Territory.\n\n> Supreme Court means the Supreme Court of Norfolk Island referred to in section 52.\n\n> Territory, or Norfolk Island, means the Territory of Norfolk Island and, when used in a geographical sense, means the area described in Schedule 1.\n\n (3) A reference in this Act to a law, or to regulations, in force immediately before a particular date shall be read as including a reference to any provisions of the law, or of the regulations, that are not to come into operation until that date or a later date.\n\n#### 5 Meaning of applied law jurisdiction\n\n (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:\n (a) New South Wales;\n (b) a State or Territory (if any) prescribed for the purposes of paragraph (2)(a).\n (2) The regulations may provide for:\n (a) a State or Territory (other than Norfolk Island) to be an applied law jurisdiction; or\n (b) a State (including New South Wales) or a Territory to stop being an applied law jurisdiction.\n (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).\n\n## Part IV—Legislation\n\n### Division 1—Laws\n\n#### 15 Laws in force in the Territory\n\n (1) The laws in force in the Territory from time to time are:\n (a) Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and\n (b) laws made under Acts to the extent that those laws are in force from time to time in, or in relation to, the Territory; and\n (c) section 19A Ordinances as in force from time to time; and\n (d) laws continued in force by section 16 or 16A (including such a law as amended in accordance with section 17); and\n (e) applied laws.\n (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.\n\n#### 16 Continuance of laws in force immediately before 7 August 1979\n\n (1) Notwithstanding the repeal of the Norfolk Island Act 1957 and the Norfolk Island Act 1963, but subject to this Act, all other laws in force immediately before the date of commencement of this section in or in relation to the Territory continue in force.\n\n> Note: This section commenced on 7 August 1979.\n\n (2) In this section, laws means Ordinances made under, and laws continued in force by, the Norfolk Island Act 1957 and laws made under such an Ordinance or law.\n\n#### 16A Continuance of certain laws in force immediately before the interim transition time\n\n (1) Subject to this Act, all Legislative Assembly laws that were in force immediately before the interim transition time continue in force.\n (2) Subject to this Act, all Ordinances made under this Act that were in force immediately before the interim transition time continue in force.\n (3) A reference in this section to a Legislative Assembly law includes a reference to a law made under a Legislative Assembly law.\n (4) A reference in this section to an Ordinance made under this Act includes a reference to a law made under such an Ordinance.\n (5) This section has effect despite the repeal of sections 19 and 27 by the Norfolk Island Legislation Amendment Act 2015.\n\n#### 17 Amendment and repeal of existing laws\n\n (1) Subject to this Act, a law continued in force by section 16 may be amended or repealed by an enactment or by a law made under an enactment.\n (2) A law continued in force by section 16, being an Ordinance, or being a Law made by the Governor of the State of New South Wales before the commencement of the Norfolk Island Act 1913, may not be amended or repealed by a law made under an enactment unless the contrary intention appears in that enactment.\n (3) Subject to this Act, a law continued in force by section 16 or 16A may be amended or repealed by a section 19A Ordinance or by a law made under a section 19A Ordinance.\n (4) A section 19A Ordinance may suspend the operation of a law continued in force by section 16 or 16A for such period as is specified in the Ordinance.\n\n#### 18 Application of Commonwealth Acts\n\n (1) An Act or a provision of an Act extends to the Territory of its own force except so far as the Act or another Act expressly provides otherwise.\n (2) Except as provided by this Act, an enactment has no effect so far as it purports to affect the application of an Act or a provision of an Act in or in relation to the Territory.\n (3) Subsections (1) and (2) apply to Acts passed before, on or after 1 July 2016.\n\n#### 18A Application of laws of applied law jurisdictions\n\n (1) Subject to this section and sections 18B and 18D, the laws of an applied law jurisdiction are in force in Norfolk Island.\n (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.\n (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.\n (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:\n (a) the Constitution; or\n (b) an Act; or\n (c) an enactment; or\n (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.\n (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:\n (a) an Act;\n (b) an enactment;\n (c) a law of another applied law jurisdiction;\n to the extent that the first applied law is capable of operating concurrently with the other law.\n (6) A law of an applied law jurisdiction:\n (a) is a law in force in an applied law jurisdiction from time to time; and\n (b) includes a principle or rule of common law or equity that is part of the law of that jurisdiction; and\n (c) does not include:\n (i) a Commonwealth Act or a provision of a Commonwealth Act; or\n (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.\n\n#### 18B Powers under applied State laws\n\n Vesting of powers\n (1) If, by an applied State law, a power is vested in:\n (a) a Minister of the State; or\n (b) the Governor of the State; or\n (c) the Governor‑in‑Council of the State;\n 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.\n (2) If:\n (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\n (b) subsection (1) does not apply to that power;\n 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.\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied State law.\n\n Delegation etc.\n (3) If a power is vested in the responsible Commonwealth Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a person or authority; or\n (b) delegate the power to a person or authority.\n (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:\n (a) in the direction or delegation; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the responsible Commonwealth Minister.\n (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:\n (a) if authorised to do so by the direction; or\n (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.\n Deemed vesting of powers—State persons and authorities exercising powers in Norfolk Island\n (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:\n (a) the person or authority is subject to an arrangement under section 18C with the State and is:\n (i) an officer or employee of the State; or\n (ii) an authority established by or under a law of the State; or\n (iii) an officer or employee of such an authority; and\n (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:\n (i) whether in the person’s or authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way.\n Deemed vesting of powers—Norfolk Island persons and authorities\n (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.\n\n```html\n

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

\n```\n\n (6) The responsible Commonwealth Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18C Arrangements with the Government of a State\n\n (1) The Commonwealth may enter into arrangements with a State for the effective application and administration of the laws in force in Norfolk Island.\n (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:\n (a) an officer or employee of the State; or\n (b) an authority established by or under a law of the State; or\n (c) an officer or employee of an authority established by or under a law of the State.\n\n#### 18D Powers under applied Territory laws\n\n Vesting of powers\n (1) If, by an applied Territory law, a power is vested in:\n (a) a person (other than a court officer of that Territory); or\n (b) an authority (other than a court of that Territory);\n that power is vested in, and may be exercised by, that person or authority in relation to Norfolk Island.\n (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).\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied Territory law.\n\n Vesting directions etc.\n (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:\n (a) also vested in a person or authority (which may be that Minister); or\n (b) vested instead in another person or authority (which may be that Minister).\n (5) A direction under subsection (4) is subject to such conditions as may be specified in the direction.\n (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.\n Effect of solely vesting powers in other persons or authorities\n (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.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18E Applied laws—effect of directions and delegations\n\n Scope\n (1) This section applies if:\n (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\n (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\n (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.\n Addition of powers\n (2) If:\n (a) the applied law is amended to give the first mentioned person or authority one or more additional powers under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers.\n Alteration of powers\n (3) If:\n (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\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered.\n Amendments of applied laws\n (4) An applied law is amended if:\n (a) the applied law is amended by a section 19A Ordinance; or\n (b) the corresponding law of the applied law jurisdiction is amended.\n\n### Division 2—Legislative powers of the Governor‑General\n\n#### 19A Governor‑General may make Ordinances\n\n (1) Subject to this Act, the Governor‑General may make Ordinances for the peace, order and good government of the Territory.\n (2) An Ordinance made under subsection (1) is a legislative instrument.\n\n### Division 3—Inconsistency of laws\n\n#### 29 Inconsistency of Legislative Assembly laws with old Ordinances\n\n (1) Where an enactment made under repealed Division 2 (as in force before the interim transition time) is inconsistent with an Ordinance made by the Governor‑General under repealed section 27 (as in force before the interim transition time), the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid, but an enactment and an Ordinance shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently.\n (2) A reference in this section to an enactment or to an Ordinance shall be read as including a reference to a law made under an enactment or under an Ordinance, as the case may be.\n\n#### 30 Inconsistency of section 19A Ordinances with the regulations\n\n (1) If a section 19A Ordinance is inconsistent with the regulations, the regulations prevail, and the section 19A Ordinance is, to the extent of the inconsistency, invalid.\n (2) For the purposes of subsection (1), a section 19A Ordinance is taken to be consistent with the regulations to the extent that they are capable of operating concurrently.\n (3) A reference in this section to a section 19A Ordinance includes a reference to a law made under a section 19A Ordinance.\n\n## Part VII—The Judicial System\n\n### Division 1—The Supreme Court of Norfolk Island\n\n#### 52 Constitution of Supreme Court\n\n (1) The Supreme Court of Norfolk Island established by the Norfolk Island Act 1957 continues in existence, notwithstanding the repeal of that Act, as the Superior Court of Record of the Territory.\n (2) The Supreme Court shall consist of a Chief Justice and such other Judge as is, or such other Judges as are, appointed in accordance with this Act.\n\n#### 53 Appointment of Judges\n\n (1) The Governor‑General may, by Commission, appoint a person who, or persons each of whom, is a Judge of another court created by the Parliament to be a Judge or Judges of the Supreme Court.\n (1A) The Governor‑General may, by Commission, appoint a person who is a Judge of another court created by the Parliament to be the Chief Justice of the Supreme Court.\n (3) A person shall not be appointed:\n (a) as a Judge under subsection (1); or\n (b) as the Chief Justice under subsection (1A), whether or not he or she already holds office as a Judge;\n if he or she has attained the age of 70 years.\n (4) A Judge ceases to hold office as a Judge upon his or her attaining the age of 70 years.\n (5) A Judge ceases to hold office as a Judge if he or she no longer holds office as a Judge of another court created by the Parliament.\n (6) A Judge may resign his or her office by writing under his or her hand delivered to the Governor‑General.\n\n#### 53A Acting Chief Justice\n\n Whenever:\n (a) the Chief Justice is absent from Australia or is absent from duty; or\n (b) there is a vacancy in the office of Chief Justice;\n the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice.\n\n#### 54 Seniority of Judges\n\n The Chief Justice is the senior Judge of the Supreme Court and the other Judges have seniority according to the dates on which their Commissions took effect or, where the Commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their Commissions.\n\n#### 55 Holding of other judicial offices\n\n A person may be a Judge of the Supreme Court notwithstanding that he or she is also a Judge of another court created by the Parliament, or is also the holder of a judicial office in relation to a Territory other than Norfolk Island, by virtue of an appointment made either before or after his or her appointment as a Judge of the Supreme Court.\n\n#### 56 Salary and allowances of Judges\n\n A Judge is to be remunerated with the salary, annual allowances and travelling allowances that the Judge receives as a Judge of the other court, or other courts, of which he or she is a Judge.\n\n#### 57 Oath or affirmation of Judge\n\n A Judge appointed after the commencement of this section shall, before proceeding to discharge the duties of his or her office, take before the Governor‑General, a Judge of the Supreme Court or of another court created by the Parliament, or a person authorized by the Governor‑General for the purpose, an oath or affirmation in accordance with the form in Schedule 4.\n\n#### 58 Exercise of jurisdiction\n\n (1) The jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court or, to the extent and in the cases provided by or under enactment, sitting in Chambers.\n (2) The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the Supreme Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to the Judge or Judges who is or are to constitute the Supreme Court in particular matters or classes of matters.\n (3) The Supreme Court constituted by one Judge may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Court.\n (4) The exercise of the jurisdiction of the Supreme Court by a Judge is not invalidated and shall not be called in question on the ground that it is not in accordance with arrangements made in pursuance of this section.\n\n#### 59 Jurisdiction of Supreme Court\n\n Except as provided under this Act, the jurisdiction, practice and procedure of the Supreme Court shall be as provided by or under enactment.\n\n### Division 2—Establishment of courts and tribunals\n\n#### 60 Establishment of courts and tribunals\n\n Courts and tribunals for the Territory may be established by or under enactment.\n\n### Division 3—Conferral of jurisdiction on prescribed State or Territory courts\n\n#### 60AA Conferral of jurisdiction on prescribed State or Territory courts\n\n Conferral of jurisdiction\n (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.\n (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.\n\n> 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.\n\n Places at which court may sit\n (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.\n Application of laws of procedure etc. in criminal proceedings\n (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:\n (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\n (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\n (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\n (d) the reference in subsection (5A) of that section to another State (which includes a Territory) does not include a reference to Norfolk Island.\n State or Territory laws to govern where applicable\n (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.\n Other matters\n (6) This section is subject to:\n (a) the Constitution; and\n (b) any law in force in Norfolk Island.\n\n> 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.\n\n (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 subsections (4) and (5) of this section.\n\n## Part VIIA—Procedure in criminal and civil matters\n\n### Division 1—Criminal matters\n\n#### Subdivision A—No limitation period on prosecution of sex offences\n\n#### 60A No limitation period on prosecution of sex offences\n\n (1) A prosecution for an offence against a law of the Territory may be commenced at any time after the commission of the offence if that law is listed in Schedule 5.\n\n> Note: See section 60M for the meaning of an offence against a law of the Territory.\n\n (2) Subsection (1) applies even if:\n (a) but for that subsection, the offence would be subject to a shorter limitation period, including a shorter limitation period that has expired (either before the commencement of this section or before the commencement of the prosecution); or\n (b) an immunity from prosecution in relation to the offence has arisen because a shorter limitation period has expired (either before the commencement of this section or before the commencement of the prosecution).\n (3) Schedule 5 has effect.\n\n#### Subdivision B—Hearing criminal matters in another jurisdiction\n\n#### 60B Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Subdivision relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s criminal jurisdiction.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Subdivision unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60C Supreme Court may sit in a host jurisdiction\n\n (1) Subject to this section, the Supreme Court, in the exercise of its criminal jurisdiction, may sit in a host jurisdiction if to do so would not be contrary to the interests of justice.\n (2) The Supreme Court may, at any time after prosecution for an offence against a law of the Territory commences and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:\n (a) if the trial of the offence has not begun—that the trial be held in a host jurisdiction, and at a time and place, specified in the order; and\n (b) if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a host jurisdiction, and at a time and place, specified in the order.\n (3) The Supreme Court may make an order under subsection (2) at a sittings of the Court in the Territory or in a host jurisdiction.\n (4) The Supreme Court may make an order under subsection (2) at a sittings of the Court in a host jurisdiction whether or not the accused is present but, if the accused is not present, the Court must only make the order if:\n (a) the accused is represented; and\n (b) the Court is satisfied that the accused understands the effect of the order.\n (5) Where the Supreme Court makes an order under subsection (2), the Court may order that:\n (a) on the warrant of the Registrar, a Magistrate of the Territory or such other person as the Supreme Court directs (being a person who holds an office in relation to the Court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and\n (b) on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.\n (6) When exercising its criminal jurisdiction in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.\n (7) A power exercised by the Supreme Court under subsection (6) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (8) Where the Supreme Court is sitting in a host jurisdiction for the purpose of a trial in that jurisdiction, the Court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:\n (a) the trial be adjourned for such time as the Court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose; and\n (b) on the warrant of the Registrar, the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and\n (c) the jurors empanelled for the trial go to the Territory and remain there for such time as the Court directs for the purpose of continuing to attend as jurors in the trial.\n (9) A person who appears as a witness in the Supreme Court in a trial, or in related proceedings, held wholly or partly in a host jurisdiction, must be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.\n (10) Where:\n (a) the Supreme Court, when exercising its criminal jurisdiction in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n\n#### 60D Juries outside the Territory\n\n (1) Subject to this section and the regulations, the laws in force in a host jurisdiction relating to each of the following:\n (a) the qualification of jurors;\n (b) the preparation of jury lists and jury panels;\n (c) the summoning, attendance and empanelling of juries;\n (d) the number of jurors;\n (e) the right of challenge;\n (f) the discharge of juries;\n (g) the disagreement of jurors;\n (h) the remuneration of jurors;\n (i) other matters concerning jurors (other than matters dealt with under section 60E) after they have been summoned, appointed or sworn;\n that apply for the purposes of the trial of a criminal matter in the Supreme Court of that jurisdiction sitting at a place in that jurisdiction, extend and are to be applied, with such changes as are necessary, for the purposes of the trial of a criminal matter in the Supreme Court of the Territory when sitting at that place.\n (2) For the purposes of a trial in the Supreme Court held wholly or partly at a place in a host jurisdiction, the jury list that would be used for the purposes of a criminal trial in the Supreme Court of that jurisdiction sitting in the same place is to be used as well for the purposes of the trial in the Supreme Court of the Territory.\n (3) The precept for a jury is to be issued by the Registrar, or such other person holding an office in relation to the Supreme Court as the Court directs, and the Sheriff or such other person as the Court directs must prepare the jury panels and summon jurors.\n (4) The person who has custody of the jury list referred to in subsection (2) in the host jurisdiction where the Supreme Court is holding a trial must:\n (a) give a copy of that list to the person directed by the Court to prepare a jury panel; and\n (b) indicate on that copy the names of the persons who, to that person’s knowledge, would not, if summoned at the time the copy is given, be liable to serve as jurors under the law in force in that jurisdiction.\n (5) The Commonwealth must pay any reasonable fee demanded for a copy of a list referred to in paragraph (4)(a).\n (6) Any remuneration required to be paid to a person who serves, or is summoned to serve, on a jury in a trial in the Supreme Court held wholly or partly in a host jurisdiction must be paid by the Commonwealth.\n (7) Where a law applied by this Act for the purposes of a trial in the Supreme Court requires an act or thing to be done by a person specified in that law, the Court may, if it is necessary to do so for the purpose of the effective application of the law, order that a person who holds a specified office in relation to the Court do that act or thing, and the law is taken to apply to that person accordingly.\n (8) The regulations may provide that the provisions of a law referred to in subsection (1) that are specified in the regulations have effect with any modifications specified in the regulations.\n (9) In this section, jury list means the roll, list, or book on or in which the names of persons liable to serve as jurors appear.\n\n#### 60E Offences in relation to jurors\n\n (1) A person who is served with a summons to attend as a juror in a trial in the Supreme Court held wholly or partly in a host jurisdiction must not:\n (a) fail to attend in accordance with the summons; or\n (b) having so attended, withdraw from the presence of the Court, without the permission of the Sheriff, before being discharged or excused by a judge of the Court or the Sheriff.\n\nPenalty: Imprisonment for 1 month.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code (Commonwealth)).\n\n (3) A person must not impersonate a person who is a juror with the intention of sitting on a jury.\n\nPenalty: Imprisonment for 6 months.\n\n (4) A person must not:\n (a) engage in conduct that results in the corruption of a juror; or\n (b) make or promise a payment to a juror, or confer or promise to confer any other benefit on a juror in relation to the person’s service as a juror, other than a payment of the ordinary remuneration of the juror’s employment; or\n (c) being a juror, accept such a payment or benefit.\n\nPenalty: Imprisonment for 5 years.\n\n (5) In this section:\n\n> juror includes a person whose name is on a jury panel.\n\n#### 60F Removal of accused to host jurisdiction to stand trial\n\n (1) Where the Supreme Court makes an order under paragraph 60C(5)(a) in relation to an accused, the Registrar, a Magistrate of the Territory or a person directed by the Court under that paragraph, may:\n (a) by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and\n (b) by warrant directed to that officer, require that officer to detain the accused in that prison under this section.\n (2) A warrant directed to all constables may be executed by any constable.\n (3) An accused delivered into custody at a prison in a host jurisdiction under a warrant under subsection (1) may, subject to any order of the Supreme Court, be detained in that prison or any other prison in that jurisdiction for so long as the accused’s detention is necessary for the execution of the order.\n (4) An accused may, while in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection (1) had been issued under a law in force in the host jurisdiction relating to holding persons in custody pending the trial of those persons.\n (5) The Commonwealth is to pay to the host jurisdiction the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection (1).\n\n#### 60G Accused to be conveyed to Court\n\n (1) Where an accused has been removed to a host jurisdiction under this Act, a judge of the Supreme Court may order that the accused be conveyed to the Court for the purposes of trial in that jurisdiction, and any related proceedings.\n (2) Where a judge of the Supreme Court makes an order under subsection (1), the person who has the custody of the accused must release the accused to a constable to enable the accused to be conveyed to the Court in accordance with that order.\n\n#### 60H Return of accused to Territory\n\n (1) Where the Supreme Court makes an order under paragraph 60C(8)(b), the Registrar may, by warrant directed to all constables, require them to convey the accused in custody from the host jurisdiction in which the Court made the order to the prison in the Territory specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n\n#### 60J Person taken to be prisoner under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if:\n (a) a person has been tried in relation to an indictable offence against a law of the Territory by the Supreme Court sitting in a host jurisdiction; and\n (b) the person is convicted of that offence and sentenced to imprisonment.\n (2) The person is taken:\n (a) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) The provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60K Person taken to be criminal lunatic under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if a person who has been removed to a host jurisdiction under this Act:\n (a) is found to have been insane at the time of the commission of the offence; or\n (b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or\n (c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane.\n (2) The person is taken:\n (a) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) Sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60L Repatriation of person tried in a host jurisdiction\n\n Where:\n (a) a person has been removed to a host jurisdiction under this Act; and\n (b) the trial of the person in the Supreme Court sitting in that jurisdiction has concluded; and\n (c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;\n the Commonwealth must, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.\n\n#### Subdivision C—Historical offences, conduct and engaging in conduct\n\n#### 60M Historical offences\n\n In this Division, a reference to an offence against a law of the Territory:\n (a) includes a reference to an offence against a law in force in the Territory at the time the conduct constituting the offence is alleged to have occurred; and\n (b) includes a reference to an offence against a law mentioned in paragraph (a), even if that law has subsequently been amended or repealed.\n\n#### 60N Meanings of conduct and engage in conduct\n\n In this Division:\n\n> conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n> engage in conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n### Division 2—Civil matters\n\n#### 60P Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Division relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s jurisdiction in civil matters.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Division unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60Q Supreme Court may sit in a host jurisdiction\n\n (1) The Supreme Court, in the exercise of its jurisdiction in civil matters, may sit in a host jurisdiction under this section if to do so would not be contrary to the interests of justice.\n (2) If a civil matter is before the Supreme Court for hearing at a sitting of the court, the court may order that the hearing of the matter be adjourned and continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (3) If a civil matter is not before the Supreme Court for hearing, a Judge may order that the matter be heard or continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (4) When exercising its jurisdiction in a civil matter in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its jurisdiction in that matter in the Territory.\n (5) A power exercised by the Supreme Court under subsection (4) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (7) Where:\n (a) the Supreme Court, when exercising its jurisdiction in a civil matter in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n (8) An order made under subsection (2) or (3) to hear or continue a matter in a host jurisdiction, may:\n (a) if the matter is before the Supreme Court for hearing at a sitting of the court—be revoked by the court and replaced with an order that the hearing of the matter be adjourned and continued at a sitting of the court in the Territory, and at a time and place, specified in the order; and\n (b) if the matter is not before the Supreme Court for hearing—be revoked by a judge of the Court and replaced with an order that the matter be heard or continued at a sitting of the court in the Territory, and at a time and place, specified in the order.\n (9) An order (made under subsection (8) or otherwise) to hear or continue a civil matter at a sitting of the Supreme Court in the Territory may be revoked and be replaced with an order under subsection (2) or (3).\n\n## Part VIII—Miscellaneous\n\n#### 61 Appointment of officers\n\n (1) Despite the Public Service Act 1999, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.\n (2) This section does not prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.\n\n#### 62 Disposal of land\n\n (1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an enactment under which:\n (a) land in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or\n (b) instruments, receipts and other documents in relation to any such land may be executed; or\n (c) rights, duties and liabilities in relation to any such land are or may be acquired, conferred or imposed.\n (2) An enactment referred to in subsection (1) which provides for the acquisition of land must provide that such land must not be acquired otherwise than on just terms.\n\n#### 64 Customs duty on certain goods\n\n (1) Duties of customs are not chargeable on goods imported into Australia from the Territory if the goods:\n (a) are the produce or manufacture of the Territory; and\n (b) have been shipped in the Territory for export to Australia; and\n (c) are not goods which, if manufactured or produced in Australia, would be subject to a duty of excise.\n (2) In this section:\n\n> Australia does not include Norfolk Island.\n\n#### 66 Grant of pardon, remission etc.\n\n (1) The Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as he or she thinks fit, of the execution of sentence, and may remit any fines, penalties and forfeitures imposed or incurred under a law in force in the Territory.\n (2) Without limiting the powers of the Governor‑General under subsection (1), provision may be made by enactment for the remission, for good conduct, of part of the sentence of a person serving a sentence of imprisonment in the Territory.\n (3) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.\n\n#### 66A Ordinances—incorporation of matters by reference\n\n (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.\n (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.\n\n#### 67 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:\n (a) prescribing circumstances in which the prosecution for an offence against a law of the Territory (as defined for the purposes of Division 1 of Part VIIA) is taken to have commenced for the purposes of subsection 60C(2); and\n (b) prescribing penalties, of imprisonment for a period not exceeding 3 months or a fine not exceeding 5 penalty units, for offences against the regulations.","sortOrder":23},{"sectionNumber":"52","sectionType":"section","heading":"Constitution of Supreme Court","content":"#### 52 Constitution of Supreme Court\n\n (1) The Supreme Court of Norfolk Island established by the Norfolk Island Act 1957 continues in existence, notwithstanding the repeal of that Act, as the Superior Court of Record of the Territory.\n (2) The Supreme Court shall consist of a Chief Justice and such other Judge as is, or such other Judges as are, appointed in accordance with this Act.","sortOrder":25},{"sectionNumber":"53","sectionType":"section","heading":"Appointment of Judges","content":"#### 53 Appointment of Judges\n\n (1) The Governor‑General may, by Commission, appoint a person who, or persons each of whom, is a Judge of another court created by the Parliament to be a Judge or Judges of the Supreme Court.\n (1A) The Governor‑General may, by Commission, appoint a person who is a Judge of another court created by the Parliament to be the Chief Justice of the Supreme Court.\n (3) A person shall not be appointed:\n (a) as a Judge under subsection (1); or\n (b) as the Chief Justice under subsection (1A), whether or not he or she already holds office as a Judge;\n if he or she has attained the age of 70 years.\n (4) A Judge ceases to hold office as a Judge upon his or her attaining the age of 70 years.\n (5) A Judge ceases to hold office as a Judge if he or she no longer holds office as a Judge of another court created by the Parliament.\n (6) A Judge may resign his or her office by writing under his or her hand delivered to the Governor‑General.","sortOrder":26},{"sectionNumber":"53A","sectionType":"section","heading":"Acting Chief Justice","content":"#### 53A Acting Chief Justice\n\n Whenever:\n (a) the Chief Justice is absent from Australia or is absent from duty; or\n (b) there is a vacancy in the office of Chief Justice;\n the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice.","sortOrder":27},{"sectionNumber":"54","sectionType":"section","heading":"Seniority of Judges","content":"#### 54 Seniority of Judges\n\n The Chief Justice is the senior Judge of the Supreme Court and the other Judges have seniority according to the dates on which their Commissions took effect or, where the Commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their Commissions.","sortOrder":28},{"sectionNumber":"55","sectionType":"section","heading":"Holding of other judicial offices","content":"#### 55 Holding of other judicial offices\n\n A person may be a Judge of the Supreme Court notwithstanding that he or she is also a Judge of another court created by the Parliament, or is also the holder of a judicial office in relation to a Territory other than Norfolk Island, by virtue of an appointment made either before or after his or her appointment as a Judge of the Supreme Court.","sortOrder":29},{"sectionNumber":"56","sectionType":"section","heading":"Salary and allowances of Judges","content":"#### 56 Salary and allowances of Judges\n\n A Judge is to be remunerated with the salary, annual allowances and travelling allowances that the Judge receives as a Judge of the other court, or other courts, of which he or she is a Judge.","sortOrder":30},{"sectionNumber":"57","sectionType":"section","heading":"Oath or affirmation of Judge","content":"#### 57 Oath or affirmation of Judge\n\n A Judge appointed after the commencement of this section shall, before proceeding to discharge the duties of his or her office, take before the Governor‑General, a Judge of the Supreme Court or of another court created by the Parliament, or a person authorized by the Governor‑General for the purpose, an oath or affirmation in accordance with the form in Schedule 4.","sortOrder":31},{"sectionNumber":"58","sectionType":"section","heading":"Exercise of jurisdiction","content":"#### 58 Exercise of jurisdiction\n\n (1) The jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court or, to the extent and in the cases provided by or under enactment, sitting in Chambers.\n (2) The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the Supreme Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to the Judge or Judges who is or are to constitute the Supreme Court in particular matters or classes of matters.\n (3) The Supreme Court constituted by one Judge may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Court.\n (4) The exercise of the jurisdiction of the Supreme Court by a Judge is not invalidated and shall not be called in question on the ground that it is not in accordance with arrangements made in pursuance of this section.","sortOrder":32},{"sectionNumber":"59","sectionType":"section","heading":"Jurisdiction of Supreme Court","content":"#### 59 Jurisdiction of Supreme Court\n\n Except as provided under this Act, the jurisdiction, practice and procedure of the Supreme Court shall be as provided by or under enactment.","sortOrder":33},{"sectionNumber":"60","sectionType":"section","heading":"Establishment of courts and tribunals","content":"#### 60 Establishment of courts and tribunals\n\n Courts and tribunals for the Territory may be established by or under enactment.","sortOrder":35},{"sectionNumber":"60AA","sectionType":"section","heading":"Conferral of jurisdiction on prescribed State or Territory courts","content":"#### 60AA Conferral of jurisdiction on prescribed State or Territory courts\n\n Conferral of jurisdiction\n (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.\n (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.\n\n> 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.\n\n Places at which court may sit\n (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.\n Application of laws of procedure etc. in criminal proceedings\n (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:\n (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\n (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\n (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\n (d) the reference in subsection (5A) of that section to another State (which includes a Territory) does not include a reference to Norfolk Island.\n State or Territory laws to govern where applicable\n (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.\n Other matters\n (6) This section is subject to:\n (a) the Constitution; and\n (b) any law in force in Norfolk Island.\n\n> 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.\n\n (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 subsections (4) and (5) of this section.","sortOrder":37},{"sectionNumber":"Part VIIA","sectionType":"part","heading":"Procedure in criminal and civil matters","content":"An Act to provide for the government of Norfolk Island\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Norfolk Island Act 1979.\n\n#### 2 Commencement\n\n (1) Sections 1, 2, 4, 31, 38, 39, 67, 68 and 69 shall come into operation on the day on which this Act receives the Royal Assent.\n (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Repeals\n\n The Norfolk Island Act 1957 and the Norfolk Island Act 1963 are repealed.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> amended: for when an applied law is amended, see subsection 18E(4).\n\n> applied law means:\n\n (a) an applied State law; or\n (b) an applied Territory law.\n\n> applied law jurisdiction: see section 5.\n\n> applied State law means a law of an applied law jurisdiction that is a State, as in force in Norfolk Island under section 18A.\n\n> applied Territory law means a law of an applied law jurisdiction that is a Territory, as in force in Norfolk Island under section 18A.\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authority includes a body corporate, or an unincorporated body, established for a public purpose.\n\n> Chief Justice means the Chief Justice of the Supreme Court.\n\n> civil matter means any matter that may be determined by the Supreme Court other than in the exercise of its criminal jurisdiction.\n\n> Commonwealth Minister means a Minister of State of the Commonwealth.\n\n> constable means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) a member of the Police Force of Norfolk Island.\n\n> court officer, of a State or Territory that is an applied law jurisdiction, means a person holding, occupying or exercising the powers of:\n\n (a) any of the following offices in a court of that jurisdiction:\n (i) Judge;\n (ii) Magistrate (however described);\n (iii) Master;\n (iv) Registrar (however described);\n (v) Clerk (however described);\n (vi) Sheriff (however described);\n (vii) Bailiff (however described); or\n (b) any other office, prescribed by the regulations for the purposes of this paragraph, of a court of that jurisdiction.\n\n> enactment means:\n\n (a) a section 19A Ordinance; or\n (b) an Ordinance continued in force by this Act; or\n (c) a Legislative Assembly law continued in force by this Act.\n\n> final transition time means the commencement of Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015.\n\n> host jurisdiction means any of the following:\n\n (a) a State;\n (b) the Australian Capital Territory;\n (c) the Northern Territory.\n\n> interim transition time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Legislation Amendment Act 2015.\n\n> Judge means a Judge of the Supreme Court (including the Chief Justice).\n\n> law of an applied law jurisdiction: see subsection 18A(6).\n\n> Legislative Assembly means the Legislative Assembly of Norfolk Island that was in existence before the interim transition time.\n\n> Legislative Assembly law means a law (however described or entitled) passed by the Legislative Assembly, and assented to under this Act, before the interim transition time.\n\n> Magistrate of the Territory means a person appointed as a magistrate under a law in force in the Territory.\n\n> Norfolk Island: see the definition of Territory.\n\n> Norfolk Island Regional Council means a body that is:\n\n (a) established by or under a law in force in the Territory; and\n (b) declared by a section 19A Ordinance to be the Norfolk Island Regional Council for the purposes of this definition.\n\n> power includes a function or duty, and, in that context, exercise means perform.\n\n> prescribed State or Territory means a State or Territory prescribed for the purposes of subsection 60AA(1).\n\n> prison includes a lock‑up or other place of lawful detention.\n\n> Registrar means the Registrar, or the Deputy Registrar, of the Supreme Court.\n\n> responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.\n\n> section 19A Ordinance means an Ordinance made under section 19A after the interim transition time.\n\n> Sheriff means the Sheriff, or the Deputy Sheriff, of the Territory.\n\n> Supreme Court means the Supreme Court of Norfolk Island referred to in section 52.\n\n> Territory, or Norfolk Island, means the Territory of Norfolk Island and, when used in a geographical sense, means the area described in Schedule 1.\n\n (3) A reference in this Act to a law, or to regulations, in force immediately before a particular date shall be read as including a reference to any provisions of the law, or of the regulations, that are not to come into operation until that date or a later date.\n\n#### 5 Meaning of applied law jurisdiction\n\n (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:\n (a) New South Wales;\n (b) a State or Territory (if any) prescribed for the purposes of paragraph (2)(a).\n (2) The regulations may provide for:\n (a) a State or Territory (other than Norfolk Island) to be an applied law jurisdiction; or\n (b) a State (including New South Wales) or a Territory to stop being an applied law jurisdiction.\n (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).\n\n## Part IV—Legislation\n\n### Division 1—Laws\n\n#### 15 Laws in force in the Territory\n\n (1) The laws in force in the Territory from time to time are:\n (a) Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and\n (b) laws made under Acts to the extent that those laws are in force from time to time in, or in relation to, the Territory; and\n (c) section 19A Ordinances as in force from time to time; and\n (d) laws continued in force by section 16 or 16A (including such a law as amended in accordance with section 17); and\n (e) applied laws.\n (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.\n\n#### 16 Continuance of laws in force immediately before 7 August 1979\n\n (1) Notwithstanding the repeal of the Norfolk Island Act 1957 and the Norfolk Island Act 1963, but subject to this Act, all other laws in force immediately before the date of commencement of this section in or in relation to the Territory continue in force.\n\n> Note: This section commenced on 7 August 1979.\n\n (2) In this section, laws means Ordinances made under, and laws continued in force by, the Norfolk Island Act 1957 and laws made under such an Ordinance or law.\n\n#### 16A Continuance of certain laws in force immediately before the interim transition time\n\n (1) Subject to this Act, all Legislative Assembly laws that were in force immediately before the interim transition time continue in force.\n (2) Subject to this Act, all Ordinances made under this Act that were in force immediately before the interim transition time continue in force.\n (3) A reference in this section to a Legislative Assembly law includes a reference to a law made under a Legislative Assembly law.\n (4) A reference in this section to an Ordinance made under this Act includes a reference to a law made under such an Ordinance.\n (5) This section has effect despite the repeal of sections 19 and 27 by the Norfolk Island Legislation Amendment Act 2015.\n\n#### 17 Amendment and repeal of existing laws\n\n (1) Subject to this Act, a law continued in force by section 16 may be amended or repealed by an enactment or by a law made under an enactment.\n (2) A law continued in force by section 16, being an Ordinance, or being a Law made by the Governor of the State of New South Wales before the commencement of the Norfolk Island Act 1913, may not be amended or repealed by a law made under an enactment unless the contrary intention appears in that enactment.\n (3) Subject to this Act, a law continued in force by section 16 or 16A may be amended or repealed by a section 19A Ordinance or by a law made under a section 19A Ordinance.\n (4) A section 19A Ordinance may suspend the operation of a law continued in force by section 16 or 16A for such period as is specified in the Ordinance.\n\n#### 18 Application of Commonwealth Acts\n\n (1) An Act or a provision of an Act extends to the Territory of its own force except so far as the Act or another Act expressly provides otherwise.\n (2) Except as provided by this Act, an enactment has no effect so far as it purports to affect the application of an Act or a provision of an Act in or in relation to the Territory.\n (3) Subsections (1) and (2) apply to Acts passed before, on or after 1 July 2016.\n\n#### 18A Application of laws of applied law jurisdictions\n\n (1) Subject to this section and sections 18B and 18D, the laws of an applied law jurisdiction are in force in Norfolk Island.\n (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.\n (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.\n (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:\n (a) the Constitution; or\n (b) an Act; or\n (c) an enactment; or\n (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.\n (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:\n (a) an Act;\n (b) an enactment;\n (c) a law of another applied law jurisdiction;\n to the extent that the first applied law is capable of operating concurrently with the other law.\n (6) A law of an applied law jurisdiction:\n (a) is a law in force in an applied law jurisdiction from time to time; and\n (b) includes a principle or rule of common law or equity that is part of the law of that jurisdiction; and\n (c) does not include:\n (i) a Commonwealth Act or a provision of a Commonwealth Act; or\n (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.\n\n#### 18B Powers under applied State laws\n\n Vesting of powers\n (1) If, by an applied State law, a power is vested in:\n (a) a Minister of the State; or\n (b) the Governor of the State; or\n (c) the Governor‑in‑Council of the State;\n 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.\n (2) If:\n (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\n (b) subsection (1) does not apply to that power;\n 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.\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied State law.\n\n Delegation etc.\n (3) If a power is vested in the responsible Commonwealth Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a person or authority; or\n (b) delegate the power to a person or authority.\n (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:\n (a) in the direction or delegation; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the responsible Commonwealth Minister.\n (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:\n (a) if authorised to do so by the direction; or\n (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.\n Deemed vesting of powers—State persons and authorities exercising powers in Norfolk Island\n (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:\n (a) the person or authority is subject to an arrangement under section 18C with the State and is:\n (i) an officer or employee of the State; or\n (ii) an authority established by or under a law of the State; or\n (iii) an officer or employee of such an authority; and\n (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:\n (i) whether in the person’s or authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way.\n Deemed vesting of powers—Norfolk Island persons and authorities\n (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.\n\n```html\n

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

\n```\n\n (6) The responsible Commonwealth Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18C Arrangements with the Government of a State\n\n (1) The Commonwealth may enter into arrangements with a State for the effective application and administration of the laws in force in Norfolk Island.\n (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:\n (a) an officer or employee of the State; or\n (b) an authority established by or under a law of the State; or\n (c) an officer or employee of an authority established by or under a law of the State.\n\n#### 18D Powers under applied Territory laws\n\n Vesting of powers\n (1) If, by an applied Territory law, a power is vested in:\n (a) a person (other than a court officer of that Territory); or\n (b) an authority (other than a court of that Territory);\n that power is vested in, and may be exercised by, that person or authority in relation to Norfolk Island.\n (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).\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied Territory law.\n\n Vesting directions etc.\n (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:\n (a) also vested in a person or authority (which may be that Minister); or\n (b) vested instead in another person or authority (which may be that Minister).\n (5) A direction under subsection (4) is subject to such conditions as may be specified in the direction.\n (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.\n Effect of solely vesting powers in other persons or authorities\n (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.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18E Applied laws—effect of directions and delegations\n\n Scope\n (1) This section applies if:\n (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\n (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\n (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.\n Addition of powers\n (2) If:\n (a) the applied law is amended to give the first mentioned person or authority one or more additional powers under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers.\n Alteration of powers\n (3) If:\n (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\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered.\n Amendments of applied laws\n (4) An applied law is amended if:\n (a) the applied law is amended by a section 19A Ordinance; or\n (b) the corresponding law of the applied law jurisdiction is amended.\n\n### Division 2—Legislative powers of the Governor‑General\n\n#### 19A Governor‑General may make Ordinances\n\n (1) Subject to this Act, the Governor‑General may make Ordinances for the peace, order and good government of the Territory.\n (2) An Ordinance made under subsection (1) is a legislative instrument.\n\n### Division 3—Inconsistency of laws\n\n#### 29 Inconsistency of Legislative Assembly laws with old Ordinances\n\n (1) Where an enactment made under repealed Division 2 (as in force before the interim transition time) is inconsistent with an Ordinance made by the Governor‑General under repealed section 27 (as in force before the interim transition time), the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid, but an enactment and an Ordinance shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently.\n (2) A reference in this section to an enactment or to an Ordinance shall be read as including a reference to a law made under an enactment or under an Ordinance, as the case may be.\n\n#### 30 Inconsistency of section 19A Ordinances with the regulations\n\n (1) If a section 19A Ordinance is inconsistent with the regulations, the regulations prevail, and the section 19A Ordinance is, to the extent of the inconsistency, invalid.\n (2) For the purposes of subsection (1), a section 19A Ordinance is taken to be consistent with the regulations to the extent that they are capable of operating concurrently.\n (3) A reference in this section to a section 19A Ordinance includes a reference to a law made under a section 19A Ordinance.\n\n## Part VII—The Judicial System\n\n### Division 1—The Supreme Court of Norfolk Island\n\n#### 52 Constitution of Supreme Court\n\n (1) The Supreme Court of Norfolk Island established by the Norfolk Island Act 1957 continues in existence, notwithstanding the repeal of that Act, as the Superior Court of Record of the Territory.\n (2) The Supreme Court shall consist of a Chief Justice and such other Judge as is, or such other Judges as are, appointed in accordance with this Act.\n\n#### 53 Appointment of Judges\n\n (1) The Governor‑General may, by Commission, appoint a person who, or persons each of whom, is a Judge of another court created by the Parliament to be a Judge or Judges of the Supreme Court.\n (1A) The Governor‑General may, by Commission, appoint a person who is a Judge of another court created by the Parliament to be the Chief Justice of the Supreme Court.\n (3) A person shall not be appointed:\n (a) as a Judge under subsection (1); or\n (b) as the Chief Justice under subsection (1A), whether or not he or she already holds office as a Judge;\n if he or she has attained the age of 70 years.\n (4) A Judge ceases to hold office as a Judge upon his or her attaining the age of 70 years.\n (5) A Judge ceases to hold office as a Judge if he or she no longer holds office as a Judge of another court created by the Parliament.\n (6) A Judge may resign his or her office by writing under his or her hand delivered to the Governor‑General.\n\n#### 53A Acting Chief Justice\n\n Whenever:\n (a) the Chief Justice is absent from Australia or is absent from duty; or\n (b) there is a vacancy in the office of Chief Justice;\n the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice.\n\n#### 54 Seniority of Judges\n\n The Chief Justice is the senior Judge of the Supreme Court and the other Judges have seniority according to the dates on which their Commissions took effect or, where the Commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their Commissions.\n\n#### 55 Holding of other judicial offices\n\n A person may be a Judge of the Supreme Court notwithstanding that he or she is also a Judge of another court created by the Parliament, or is also the holder of a judicial office in relation to a Territory other than Norfolk Island, by virtue of an appointment made either before or after his or her appointment as a Judge of the Supreme Court.\n\n#### 56 Salary and allowances of Judges\n\n A Judge is to be remunerated with the salary, annual allowances and travelling allowances that the Judge receives as a Judge of the other court, or other courts, of which he or she is a Judge.\n\n#### 57 Oath or affirmation of Judge\n\n A Judge appointed after the commencement of this section shall, before proceeding to discharge the duties of his or her office, take before the Governor‑General, a Judge of the Supreme Court or of another court created by the Parliament, or a person authorized by the Governor‑General for the purpose, an oath or affirmation in accordance with the form in Schedule 4.\n\n#### 58 Exercise of jurisdiction\n\n (1) The jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court or, to the extent and in the cases provided by or under enactment, sitting in Chambers.\n (2) The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the Supreme Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to the Judge or Judges who is or are to constitute the Supreme Court in particular matters or classes of matters.\n (3) The Supreme Court constituted by one Judge may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Court.\n (4) The exercise of the jurisdiction of the Supreme Court by a Judge is not invalidated and shall not be called in question on the ground that it is not in accordance with arrangements made in pursuance of this section.\n\n#### 59 Jurisdiction of Supreme Court\n\n Except as provided under this Act, the jurisdiction, practice and procedure of the Supreme Court shall be as provided by or under enactment.\n\n### Division 2—Establishment of courts and tribunals\n\n#### 60 Establishment of courts and tribunals\n\n Courts and tribunals for the Territory may be established by or under enactment.\n\n### Division 3—Conferral of jurisdiction on prescribed State or Territory courts\n\n#### 60AA Conferral of jurisdiction on prescribed State or Territory courts\n\n Conferral of jurisdiction\n (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.\n (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.\n\n> 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.\n\n Places at which court may sit\n (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.\n Application of laws of procedure etc. in criminal proceedings\n (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:\n (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\n (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\n (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\n (d) the reference in subsection (5A) of that section to another State (which includes a Territory) does not include a reference to Norfolk Island.\n State or Territory laws to govern where applicable\n (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.\n Other matters\n (6) This section is subject to:\n (a) the Constitution; and\n (b) any law in force in Norfolk Island.\n\n> 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.\n\n (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 subsections (4) and (5) of this section.\n\n## Part VIIA—Procedure in criminal and civil matters\n\n### Division 1—Criminal matters\n\n#### Subdivision A—No limitation period on prosecution of sex offences\n\n#### 60A No limitation period on prosecution of sex offences\n\n (1) A prosecution for an offence against a law of the Territory may be commenced at any time after the commission of the offence if that law is listed in Schedule 5.\n\n> Note: See section 60M for the meaning of an offence against a law of the Territory.\n\n (2) Subsection (1) applies even if:\n (a) but for that subsection, the offence would be subject to a shorter limitation period, including a shorter limitation period that has expired (either before the commencement of this section or before the commencement of the prosecution); or\n (b) an immunity from prosecution in relation to the offence has arisen because a shorter limitation period has expired (either before the commencement of this section or before the commencement of the prosecution).\n (3) Schedule 5 has effect.\n\n#### Subdivision B—Hearing criminal matters in another jurisdiction\n\n#### 60B Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Subdivision relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s criminal jurisdiction.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Subdivision unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60C Supreme Court may sit in a host jurisdiction\n\n (1) Subject to this section, the Supreme Court, in the exercise of its criminal jurisdiction, may sit in a host jurisdiction if to do so would not be contrary to the interests of justice.\n (2) The Supreme Court may, at any time after prosecution for an offence against a law of the Territory commences and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:\n (a) if the trial of the offence has not begun—that the trial be held in a host jurisdiction, and at a time and place, specified in the order; and\n (b) if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a host jurisdiction, and at a time and place, specified in the order.\n (3) The Supreme Court may make an order under subsection (2) at a sittings of the Court in the Territory or in a host jurisdiction.\n (4) The Supreme Court may make an order under subsection (2) at a sittings of the Court in a host jurisdiction whether or not the accused is present but, if the accused is not present, the Court must only make the order if:\n (a) the accused is represented; and\n (b) the Court is satisfied that the accused understands the effect of the order.\n (5) Where the Supreme Court makes an order under subsection (2), the Court may order that:\n (a) on the warrant of the Registrar, a Magistrate of the Territory or such other person as the Supreme Court directs (being a person who holds an office in relation to the Court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and\n (b) on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.\n (6) When exercising its criminal jurisdiction in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.\n (7) A power exercised by the Supreme Court under subsection (6) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (8) Where the Supreme Court is sitting in a host jurisdiction for the purpose of a trial in that jurisdiction, the Court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:\n (a) the trial be adjourned for such time as the Court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose; and\n (b) on the warrant of the Registrar, the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and\n (c) the jurors empanelled for the trial go to the Territory and remain there for such time as the Court directs for the purpose of continuing to attend as jurors in the trial.\n (9) A person who appears as a witness in the Supreme Court in a trial, or in related proceedings, held wholly or partly in a host jurisdiction, must be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.\n (10) Where:\n (a) the Supreme Court, when exercising its criminal jurisdiction in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n\n#### 60D Juries outside the Territory\n\n (1) Subject to this section and the regulations, the laws in force in a host jurisdiction relating to each of the following:\n (a) the qualification of jurors;\n (b) the preparation of jury lists and jury panels;\n (c) the summoning, attendance and empanelling of juries;\n (d) the number of jurors;\n (e) the right of challenge;\n (f) the discharge of juries;\n (g) the disagreement of jurors;\n (h) the remuneration of jurors;\n (i) other matters concerning jurors (other than matters dealt with under section 60E) after they have been summoned, appointed or sworn;\n that apply for the purposes of the trial of a criminal matter in the Supreme Court of that jurisdiction sitting at a place in that jurisdiction, extend and are to be applied, with such changes as are necessary, for the purposes of the trial of a criminal matter in the Supreme Court of the Territory when sitting at that place.\n (2) For the purposes of a trial in the Supreme Court held wholly or partly at a place in a host jurisdiction, the jury list that would be used for the purposes of a criminal trial in the Supreme Court of that jurisdiction sitting in the same place is to be used as well for the purposes of the trial in the Supreme Court of the Territory.\n (3) The precept for a jury is to be issued by the Registrar, or such other person holding an office in relation to the Supreme Court as the Court directs, and the Sheriff or such other person as the Court directs must prepare the jury panels and summon jurors.\n (4) The person who has custody of the jury list referred to in subsection (2) in the host jurisdiction where the Supreme Court is holding a trial must:\n (a) give a copy of that list to the person directed by the Court to prepare a jury panel; and\n (b) indicate on that copy the names of the persons who, to that person’s knowledge, would not, if summoned at the time the copy is given, be liable to serve as jurors under the law in force in that jurisdiction.\n (5) The Commonwealth must pay any reasonable fee demanded for a copy of a list referred to in paragraph (4)(a).\n (6) Any remuneration required to be paid to a person who serves, or is summoned to serve, on a jury in a trial in the Supreme Court held wholly or partly in a host jurisdiction must be paid by the Commonwealth.\n (7) Where a law applied by this Act for the purposes of a trial in the Supreme Court requires an act or thing to be done by a person specified in that law, the Court may, if it is necessary to do so for the purpose of the effective application of the law, order that a person who holds a specified office in relation to the Court do that act or thing, and the law is taken to apply to that person accordingly.\n (8) The regulations may provide that the provisions of a law referred to in subsection (1) that are specified in the regulations have effect with any modifications specified in the regulations.\n (9) In this section, jury list means the roll, list, or book on or in which the names of persons liable to serve as jurors appear.\n\n#### 60E Offences in relation to jurors\n\n (1) A person who is served with a summons to attend as a juror in a trial in the Supreme Court held wholly or partly in a host jurisdiction must not:\n (a) fail to attend in accordance with the summons; or\n (b) having so attended, withdraw from the presence of the Court, without the permission of the Sheriff, before being discharged or excused by a judge of the Court or the Sheriff.\n\nPenalty: Imprisonment for 1 month.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code (Commonwealth)).\n\n (3) A person must not impersonate a person who is a juror with the intention of sitting on a jury.\n\nPenalty: Imprisonment for 6 months.\n\n (4) A person must not:\n (a) engage in conduct that results in the corruption of a juror; or\n (b) make or promise a payment to a juror, or confer or promise to confer any other benefit on a juror in relation to the person’s service as a juror, other than a payment of the ordinary remuneration of the juror’s employment; or\n (c) being a juror, accept such a payment or benefit.\n\nPenalty: Imprisonment for 5 years.\n\n (5) In this section:\n\n> juror includes a person whose name is on a jury panel.\n\n#### 60F Removal of accused to host jurisdiction to stand trial\n\n (1) Where the Supreme Court makes an order under paragraph 60C(5)(a) in relation to an accused, the Registrar, a Magistrate of the Territory or a person directed by the Court under that paragraph, may:\n (a) by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and\n (b) by warrant directed to that officer, require that officer to detain the accused in that prison under this section.\n (2) A warrant directed to all constables may be executed by any constable.\n (3) An accused delivered into custody at a prison in a host jurisdiction under a warrant under subsection (1) may, subject to any order of the Supreme Court, be detained in that prison or any other prison in that jurisdiction for so long as the accused’s detention is necessary for the execution of the order.\n (4) An accused may, while in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection (1) had been issued under a law in force in the host jurisdiction relating to holding persons in custody pending the trial of those persons.\n (5) The Commonwealth is to pay to the host jurisdiction the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection (1).\n\n#### 60G Accused to be conveyed to Court\n\n (1) Where an accused has been removed to a host jurisdiction under this Act, a judge of the Supreme Court may order that the accused be conveyed to the Court for the purposes of trial in that jurisdiction, and any related proceedings.\n (2) Where a judge of the Supreme Court makes an order under subsection (1), the person who has the custody of the accused must release the accused to a constable to enable the accused to be conveyed to the Court in accordance with that order.\n\n#### 60H Return of accused to Territory\n\n (1) Where the Supreme Court makes an order under paragraph 60C(8)(b), the Registrar may, by warrant directed to all constables, require them to convey the accused in custody from the host jurisdiction in which the Court made the order to the prison in the Territory specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n\n#### 60J Person taken to be prisoner under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if:\n (a) a person has been tried in relation to an indictable offence against a law of the Territory by the Supreme Court sitting in a host jurisdiction; and\n (b) the person is convicted of that offence and sentenced to imprisonment.\n (2) The person is taken:\n (a) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) The provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60K Person taken to be criminal lunatic under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if a person who has been removed to a host jurisdiction under this Act:\n (a) is found to have been insane at the time of the commission of the offence; or\n (b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or\n (c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane.\n (2) The person is taken:\n (a) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) Sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60L Repatriation of person tried in a host jurisdiction\n\n Where:\n (a) a person has been removed to a host jurisdiction under this Act; and\n (b) the trial of the person in the Supreme Court sitting in that jurisdiction has concluded; and\n (c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;\n the Commonwealth must, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.\n\n#### Subdivision C—Historical offences, conduct and engaging in conduct\n\n#### 60M Historical offences\n\n In this Division, a reference to an offence against a law of the Territory:\n (a) includes a reference to an offence against a law in force in the Territory at the time the conduct constituting the offence is alleged to have occurred; and\n (b) includes a reference to an offence against a law mentioned in paragraph (a), even if that law has subsequently been amended or repealed.\n\n#### 60N Meanings of conduct and engage in conduct\n\n In this Division:\n\n> conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n> engage in conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n### Division 2—Civil matters\n\n#### 60P Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Division relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s jurisdiction in civil matters.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Division unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60Q Supreme Court may sit in a host jurisdiction\n\n (1) The Supreme Court, in the exercise of its jurisdiction in civil matters, may sit in a host jurisdiction under this section if to do so would not be contrary to the interests of justice.\n (2) If a civil matter is before the Supreme Court for hearing at a sitting of the court, the court may order that the hearing of the matter be adjourned and continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (3) If a civil matter is not before the Supreme Court for hearing, a Judge may order that the matter be heard or continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (4) When exercising its jurisdiction in a civil matter in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its jurisdiction in that matter in the Territory.\n (5) A power exercised by the Supreme Court under subsection (4) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (7) Where:\n (a) the Supreme Court, when exercising its jurisdiction in a civil matter in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n (8) An order made under subsection (2) or (3) to hear or continue a matter in a host jurisdiction, may:\n (a) if the matter is before the Supreme Court for hearing at a sitting of the court—be revoked by the court and replaced with an order that the hearing of the matter be adjourned and continued at a sitting of the court in the Territory, and at a time and place, specified in the order; and\n (b) if the matter is not before the Supreme Court for hearing—be revoked by a judge of the Court and replaced with an order that the matter be heard or continued at a sitting of the court in the Territory, and at a time and place, specified in the order.\n (9) An order (made under subsection (8) or otherwise) to hear or continue a civil matter at a sitting of the Supreme Court in the Territory may be revoked and be replaced with an order under subsection (2) or (3).\n\n## Part VIII—Miscellaneous\n\n#### 61 Appointment of officers\n\n (1) Despite the Public Service Act 1999, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.\n (2) This section does not prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.\n\n#### 62 Disposal of land\n\n (1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an enactment under which:\n (a) land in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or\n (b) instruments, receipts and other documents in relation to any such land may be executed; or\n (c) rights, duties and liabilities in relation to any such land are or may be acquired, conferred or imposed.\n (2) An enactment referred to in subsection (1) which provides for the acquisition of land must provide that such land must not be acquired otherwise than on just terms.\n\n#### 64 Customs duty on certain goods\n\n (1) Duties of customs are not chargeable on goods imported into Australia from the Territory if the goods:\n (a) are the produce or manufacture of the Territory; and\n (b) have been shipped in the Territory for export to Australia; and\n (c) are not goods which, if manufactured or produced in Australia, would be subject to a duty of excise.\n (2) In this section:\n\n> Australia does not include Norfolk Island.\n\n#### 66 Grant of pardon, remission etc.\n\n (1) The Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as he or she thinks fit, of the execution of sentence, and may remit any fines, penalties and forfeitures imposed or incurred under a law in force in the Territory.\n (2) Without limiting the powers of the Governor‑General under subsection (1), provision may be made by enactment for the remission, for good conduct, of part of the sentence of a person serving a sentence of imprisonment in the Territory.\n (3) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.\n\n#### 66A Ordinances—incorporation of matters by reference\n\n (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.\n (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.\n\n#### 67 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:\n (a) prescribing circumstances in which the prosecution for an offence against a law of the Territory (as defined for the purposes of Division 1 of Part VIIA) is taken to have commenced for the purposes of subsection 60C(2); and\n (b) prescribing penalties, of imprisonment for a period not exceeding 3 months or a fine not exceeding 5 penalty units, for offences against the regulations.","sortOrder":38},{"sectionNumber":"Subdivision A","sectionType":"subdivision","heading":"No limitation period on prosecution of sex offences","content":"An Act to provide for the government of Norfolk Island\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Norfolk Island Act 1979.\n\n#### 2 Commencement\n\n (1) Sections 1, 2, 4, 31, 38, 39, 67, 68 and 69 shall come into operation on the day on which this Act receives the Royal Assent.\n (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Repeals\n\n The Norfolk Island Act 1957 and the Norfolk Island Act 1963 are repealed.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> amended: for when an applied law is amended, see subsection 18E(4).\n\n> applied law means:\n\n (a) an applied State law; or\n (b) an applied Territory law.\n\n> applied law jurisdiction: see section 5.\n\n> applied State law means a law of an applied law jurisdiction that is a State, as in force in Norfolk Island under section 18A.\n\n> applied Territory law means a law of an applied law jurisdiction that is a Territory, as in force in Norfolk Island under section 18A.\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authority includes a body corporate, or an unincorporated body, established for a public purpose.\n\n> Chief Justice means the Chief Justice of the Supreme Court.\n\n> civil matter means any matter that may be determined by the Supreme Court other than in the exercise of its criminal jurisdiction.\n\n> Commonwealth Minister means a Minister of State of the Commonwealth.\n\n> constable means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) a member of the Police Force of Norfolk Island.\n\n> court officer, of a State or Territory that is an applied law jurisdiction, means a person holding, occupying or exercising the powers of:\n\n (a) any of the following offices in a court of that jurisdiction:\n (i) Judge;\n (ii) Magistrate (however described);\n (iii) Master;\n (iv) Registrar (however described);\n (v) Clerk (however described);\n (vi) Sheriff (however described);\n (vii) Bailiff (however described); or\n (b) any other office, prescribed by the regulations for the purposes of this paragraph, of a court of that jurisdiction.\n\n> enactment means:\n\n (a) a section 19A Ordinance; or\n (b) an Ordinance continued in force by this Act; or\n (c) a Legislative Assembly law continued in force by this Act.\n\n> final transition time means the commencement of Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015.\n\n> host jurisdiction means any of the following:\n\n (a) a State;\n (b) the Australian Capital Territory;\n (c) the Northern Territory.\n\n> interim transition time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Legislation Amendment Act 2015.\n\n> Judge means a Judge of the Supreme Court (including the Chief Justice).\n\n> law of an applied law jurisdiction: see subsection 18A(6).\n\n> Legislative Assembly means the Legislative Assembly of Norfolk Island that was in existence before the interim transition time.\n\n> Legislative Assembly law means a law (however described or entitled) passed by the Legislative Assembly, and assented to under this Act, before the interim transition time.\n\n> Magistrate of the Territory means a person appointed as a magistrate under a law in force in the Territory.\n\n> Norfolk Island: see the definition of Territory.\n\n> Norfolk Island Regional Council means a body that is:\n\n (a) established by or under a law in force in the Territory; and\n (b) declared by a section 19A Ordinance to be the Norfolk Island Regional Council for the purposes of this definition.\n\n> power includes a function or duty, and, in that context, exercise means perform.\n\n> prescribed State or Territory means a State or Territory prescribed for the purposes of subsection 60AA(1).\n\n> prison includes a lock‑up or other place of lawful detention.\n\n> Registrar means the Registrar, or the Deputy Registrar, of the Supreme Court.\n\n> responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.\n\n> section 19A Ordinance means an Ordinance made under section 19A after the interim transition time.\n\n> Sheriff means the Sheriff, or the Deputy Sheriff, of the Territory.\n\n> Supreme Court means the Supreme Court of Norfolk Island referred to in section 52.\n\n> Territory, or Norfolk Island, means the Territory of Norfolk Island and, when used in a geographical sense, means the area described in Schedule 1.\n\n (3) A reference in this Act to a law, or to regulations, in force immediately before a particular date shall be read as including a reference to any provisions of the law, or of the regulations, that are not to come into operation until that date or a later date.\n\n#### 5 Meaning of applied law jurisdiction\n\n (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:\n (a) New South Wales;\n (b) a State or Territory (if any) prescribed for the purposes of paragraph (2)(a).\n (2) The regulations may provide for:\n (a) a State or Territory (other than Norfolk Island) to be an applied law jurisdiction; or\n (b) a State (including New South Wales) or a Territory to stop being an applied law jurisdiction.\n (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).\n\n## Part IV—Legislation\n\n### Division 1—Laws\n\n#### 15 Laws in force in the Territory\n\n (1) The laws in force in the Territory from time to time are:\n (a) Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and\n (b) laws made under Acts to the extent that those laws are in force from time to time in, or in relation to, the Territory; and\n (c) section 19A Ordinances as in force from time to time; and\n (d) laws continued in force by section 16 or 16A (including such a law as amended in accordance with section 17); and\n (e) applied laws.\n (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.\n\n#### 16 Continuance of laws in force immediately before 7 August 1979\n\n (1) Notwithstanding the repeal of the Norfolk Island Act 1957 and the Norfolk Island Act 1963, but subject to this Act, all other laws in force immediately before the date of commencement of this section in or in relation to the Territory continue in force.\n\n> Note: This section commenced on 7 August 1979.\n\n (2) In this section, laws means Ordinances made under, and laws continued in force by, the Norfolk Island Act 1957 and laws made under such an Ordinance or law.\n\n#### 16A Continuance of certain laws in force immediately before the interim transition time\n\n (1) Subject to this Act, all Legislative Assembly laws that were in force immediately before the interim transition time continue in force.\n (2) Subject to this Act, all Ordinances made under this Act that were in force immediately before the interim transition time continue in force.\n (3) A reference in this section to a Legislative Assembly law includes a reference to a law made under a Legislative Assembly law.\n (4) A reference in this section to an Ordinance made under this Act includes a reference to a law made under such an Ordinance.\n (5) This section has effect despite the repeal of sections 19 and 27 by the Norfolk Island Legislation Amendment Act 2015.\n\n#### 17 Amendment and repeal of existing laws\n\n (1) Subject to this Act, a law continued in force by section 16 may be amended or repealed by an enactment or by a law made under an enactment.\n (2) A law continued in force by section 16, being an Ordinance, or being a Law made by the Governor of the State of New South Wales before the commencement of the Norfolk Island Act 1913, may not be amended or repealed by a law made under an enactment unless the contrary intention appears in that enactment.\n (3) Subject to this Act, a law continued in force by section 16 or 16A may be amended or repealed by a section 19A Ordinance or by a law made under a section 19A Ordinance.\n (4) A section 19A Ordinance may suspend the operation of a law continued in force by section 16 or 16A for such period as is specified in the Ordinance.\n\n#### 18 Application of Commonwealth Acts\n\n (1) An Act or a provision of an Act extends to the Territory of its own force except so far as the Act or another Act expressly provides otherwise.\n (2) Except as provided by this Act, an enactment has no effect so far as it purports to affect the application of an Act or a provision of an Act in or in relation to the Territory.\n (3) Subsections (1) and (2) apply to Acts passed before, on or after 1 July 2016.\n\n#### 18A Application of laws of applied law jurisdictions\n\n (1) Subject to this section and sections 18B and 18D, the laws of an applied law jurisdiction are in force in Norfolk Island.\n (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.\n (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.\n (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:\n (a) the Constitution; or\n (b) an Act; or\n (c) an enactment; or\n (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.\n (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:\n (a) an Act;\n (b) an enactment;\n (c) a law of another applied law jurisdiction;\n to the extent that the first applied law is capable of operating concurrently with the other law.\n (6) A law of an applied law jurisdiction:\n (a) is a law in force in an applied law jurisdiction from time to time; and\n (b) includes a principle or rule of common law or equity that is part of the law of that jurisdiction; and\n (c) does not include:\n (i) a Commonwealth Act or a provision of a Commonwealth Act; or\n (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.\n\n#### 18B Powers under applied State laws\n\n Vesting of powers\n (1) If, by an applied State law, a power is vested in:\n (a) a Minister of the State; or\n (b) the Governor of the State; or\n (c) the Governor‑in‑Council of the State;\n 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.\n (2) If:\n (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\n (b) subsection (1) does not apply to that power;\n 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.\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied State law.\n\n Delegation etc.\n (3) If a power is vested in the responsible Commonwealth Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a person or authority; or\n (b) delegate the power to a person or authority.\n (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:\n (a) in the direction or delegation; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the responsible Commonwealth Minister.\n (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:\n (a) if authorised to do so by the direction; or\n (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.\n Deemed vesting of powers—State persons and authorities exercising powers in Norfolk Island\n (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:\n (a) the person or authority is subject to an arrangement under section 18C with the State and is:\n (i) an officer or employee of the State; or\n (ii) an authority established by or under a law of the State; or\n (iii) an officer or employee of such an authority; and\n (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:\n (i) whether in the person’s or authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way.\n Deemed vesting of powers—Norfolk Island persons and authorities\n (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.\n\n```html\n

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

\n```\n\n (6) The responsible Commonwealth Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18C Arrangements with the Government of a State\n\n (1) The Commonwealth may enter into arrangements with a State for the effective application and administration of the laws in force in Norfolk Island.\n (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:\n (a) an officer or employee of the State; or\n (b) an authority established by or under a law of the State; or\n (c) an officer or employee of an authority established by or under a law of the State.\n\n#### 18D Powers under applied Territory laws\n\n Vesting of powers\n (1) If, by an applied Territory law, a power is vested in:\n (a) a person (other than a court officer of that Territory); or\n (b) an authority (other than a court of that Territory);\n that power is vested in, and may be exercised by, that person or authority in relation to Norfolk Island.\n (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).\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied Territory law.\n\n Vesting directions etc.\n (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:\n (a) also vested in a person or authority (which may be that Minister); or\n (b) vested instead in another person or authority (which may be that Minister).\n (5) A direction under subsection (4) is subject to such conditions as may be specified in the direction.\n (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.\n Effect of solely vesting powers in other persons or authorities\n (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.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18E Applied laws—effect of directions and delegations\n\n Scope\n (1) This section applies if:\n (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\n (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\n (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.\n Addition of powers\n (2) If:\n (a) the applied law is amended to give the first mentioned person or authority one or more additional powers under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers.\n Alteration of powers\n (3) If:\n (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\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered.\n Amendments of applied laws\n (4) An applied law is amended if:\n (a) the applied law is amended by a section 19A Ordinance; or\n (b) the corresponding law of the applied law jurisdiction is amended.\n\n### Division 2—Legislative powers of the Governor‑General\n\n#### 19A Governor‑General may make Ordinances\n\n (1) Subject to this Act, the Governor‑General may make Ordinances for the peace, order and good government of the Territory.\n (2) An Ordinance made under subsection (1) is a legislative instrument.\n\n### Division 3—Inconsistency of laws\n\n#### 29 Inconsistency of Legislative Assembly laws with old Ordinances\n\n (1) Where an enactment made under repealed Division 2 (as in force before the interim transition time) is inconsistent with an Ordinance made by the Governor‑General under repealed section 27 (as in force before the interim transition time), the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid, but an enactment and an Ordinance shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently.\n (2) A reference in this section to an enactment or to an Ordinance shall be read as including a reference to a law made under an enactment or under an Ordinance, as the case may be.\n\n#### 30 Inconsistency of section 19A Ordinances with the regulations\n\n (1) If a section 19A Ordinance is inconsistent with the regulations, the regulations prevail, and the section 19A Ordinance is, to the extent of the inconsistency, invalid.\n (2) For the purposes of subsection (1), a section 19A Ordinance is taken to be consistent with the regulations to the extent that they are capable of operating concurrently.\n (3) A reference in this section to a section 19A Ordinance includes a reference to a law made under a section 19A Ordinance.\n\n## Part VII—The Judicial System\n\n### Division 1—The Supreme Court of Norfolk Island\n\n#### 52 Constitution of Supreme Court\n\n (1) The Supreme Court of Norfolk Island established by the Norfolk Island Act 1957 continues in existence, notwithstanding the repeal of that Act, as the Superior Court of Record of the Territory.\n (2) The Supreme Court shall consist of a Chief Justice and such other Judge as is, or such other Judges as are, appointed in accordance with this Act.\n\n#### 53 Appointment of Judges\n\n (1) The Governor‑General may, by Commission, appoint a person who, or persons each of whom, is a Judge of another court created by the Parliament to be a Judge or Judges of the Supreme Court.\n (1A) The Governor‑General may, by Commission, appoint a person who is a Judge of another court created by the Parliament to be the Chief Justice of the Supreme Court.\n (3) A person shall not be appointed:\n (a) as a Judge under subsection (1); or\n (b) as the Chief Justice under subsection (1A), whether or not he or she already holds office as a Judge;\n if he or she has attained the age of 70 years.\n (4) A Judge ceases to hold office as a Judge upon his or her attaining the age of 70 years.\n (5) A Judge ceases to hold office as a Judge if he or she no longer holds office as a Judge of another court created by the Parliament.\n (6) A Judge may resign his or her office by writing under his or her hand delivered to the Governor‑General.\n\n#### 53A Acting Chief Justice\n\n Whenever:\n (a) the Chief Justice is absent from Australia or is absent from duty; or\n (b) there is a vacancy in the office of Chief Justice;\n the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice.\n\n#### 54 Seniority of Judges\n\n The Chief Justice is the senior Judge of the Supreme Court and the other Judges have seniority according to the dates on which their Commissions took effect or, where the Commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their Commissions.\n\n#### 55 Holding of other judicial offices\n\n A person may be a Judge of the Supreme Court notwithstanding that he or she is also a Judge of another court created by the Parliament, or is also the holder of a judicial office in relation to a Territory other than Norfolk Island, by virtue of an appointment made either before or after his or her appointment as a Judge of the Supreme Court.\n\n#### 56 Salary and allowances of Judges\n\n A Judge is to be remunerated with the salary, annual allowances and travelling allowances that the Judge receives as a Judge of the other court, or other courts, of which he or she is a Judge.\n\n#### 57 Oath or affirmation of Judge\n\n A Judge appointed after the commencement of this section shall, before proceeding to discharge the duties of his or her office, take before the Governor‑General, a Judge of the Supreme Court or of another court created by the Parliament, or a person authorized by the Governor‑General for the purpose, an oath or affirmation in accordance with the form in Schedule 4.\n\n#### 58 Exercise of jurisdiction\n\n (1) The jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court or, to the extent and in the cases provided by or under enactment, sitting in Chambers.\n (2) The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the Supreme Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to the Judge or Judges who is or are to constitute the Supreme Court in particular matters or classes of matters.\n (3) The Supreme Court constituted by one Judge may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Court.\n (4) The exercise of the jurisdiction of the Supreme Court by a Judge is not invalidated and shall not be called in question on the ground that it is not in accordance with arrangements made in pursuance of this section.\n\n#### 59 Jurisdiction of Supreme Court\n\n Except as provided under this Act, the jurisdiction, practice and procedure of the Supreme Court shall be as provided by or under enactment.\n\n### Division 2—Establishment of courts and tribunals\n\n#### 60 Establishment of courts and tribunals\n\n Courts and tribunals for the Territory may be established by or under enactment.\n\n### Division 3—Conferral of jurisdiction on prescribed State or Territory courts\n\n#### 60AA Conferral of jurisdiction on prescribed State or Territory courts\n\n Conferral of jurisdiction\n (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.\n (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.\n\n> 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.\n\n Places at which court may sit\n (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.\n Application of laws of procedure etc. in criminal proceedings\n (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:\n (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\n (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\n (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\n (d) the reference in subsection (5A) of that section to another State (which includes a Territory) does not include a reference to Norfolk Island.\n State or Territory laws to govern where applicable\n (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.\n Other matters\n (6) This section is subject to:\n (a) the Constitution; and\n (b) any law in force in Norfolk Island.\n\n> 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.\n\n (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 subsections (4) and (5) of this section.\n\n## Part VIIA—Procedure in criminal and civil matters\n\n### Division 1—Criminal matters\n\n#### Subdivision A—No limitation period on prosecution of sex offences\n\n#### 60A No limitation period on prosecution of sex offences\n\n (1) A prosecution for an offence against a law of the Territory may be commenced at any time after the commission of the offence if that law is listed in Schedule 5.\n\n> Note: See section 60M for the meaning of an offence against a law of the Territory.\n\n (2) Subsection (1) applies even if:\n (a) but for that subsection, the offence would be subject to a shorter limitation period, including a shorter limitation period that has expired (either before the commencement of this section or before the commencement of the prosecution); or\n (b) an immunity from prosecution in relation to the offence has arisen because a shorter limitation period has expired (either before the commencement of this section or before the commencement of the prosecution).\n (3) Schedule 5 has effect.\n\n#### Subdivision B—Hearing criminal matters in another jurisdiction\n\n#### 60B Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Subdivision relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s criminal jurisdiction.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Subdivision unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60C Supreme Court may sit in a host jurisdiction\n\n (1) Subject to this section, the Supreme Court, in the exercise of its criminal jurisdiction, may sit in a host jurisdiction if to do so would not be contrary to the interests of justice.\n (2) The Supreme Court may, at any time after prosecution for an offence against a law of the Territory commences and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:\n (a) if the trial of the offence has not begun—that the trial be held in a host jurisdiction, and at a time and place, specified in the order; and\n (b) if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a host jurisdiction, and at a time and place, specified in the order.\n (3) The Supreme Court may make an order under subsection (2) at a sittings of the Court in the Territory or in a host jurisdiction.\n (4) The Supreme Court may make an order under subsection (2) at a sittings of the Court in a host jurisdiction whether or not the accused is present but, if the accused is not present, the Court must only make the order if:\n (a) the accused is represented; and\n (b) the Court is satisfied that the accused understands the effect of the order.\n (5) Where the Supreme Court makes an order under subsection (2), the Court may order that:\n (a) on the warrant of the Registrar, a Magistrate of the Territory or such other person as the Supreme Court directs (being a person who holds an office in relation to the Court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and\n (b) on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.\n (6) When exercising its criminal jurisdiction in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.\n (7) A power exercised by the Supreme Court under subsection (6) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (8) Where the Supreme Court is sitting in a host jurisdiction for the purpose of a trial in that jurisdiction, the Court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:\n (a) the trial be adjourned for such time as the Court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose; and\n (b) on the warrant of the Registrar, the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and\n (c) the jurors empanelled for the trial go to the Territory and remain there for such time as the Court directs for the purpose of continuing to attend as jurors in the trial.\n (9) A person who appears as a witness in the Supreme Court in a trial, or in related proceedings, held wholly or partly in a host jurisdiction, must be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.\n (10) Where:\n (a) the Supreme Court, when exercising its criminal jurisdiction in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n\n#### 60D Juries outside the Territory\n\n (1) Subject to this section and the regulations, the laws in force in a host jurisdiction relating to each of the following:\n (a) the qualification of jurors;\n (b) the preparation of jury lists and jury panels;\n (c) the summoning, attendance and empanelling of juries;\n (d) the number of jurors;\n (e) the right of challenge;\n (f) the discharge of juries;\n (g) the disagreement of jurors;\n (h) the remuneration of jurors;\n (i) other matters concerning jurors (other than matters dealt with under section 60E) after they have been summoned, appointed or sworn;\n that apply for the purposes of the trial of a criminal matter in the Supreme Court of that jurisdiction sitting at a place in that jurisdiction, extend and are to be applied, with such changes as are necessary, for the purposes of the trial of a criminal matter in the Supreme Court of the Territory when sitting at that place.\n (2) For the purposes of a trial in the Supreme Court held wholly or partly at a place in a host jurisdiction, the jury list that would be used for the purposes of a criminal trial in the Supreme Court of that jurisdiction sitting in the same place is to be used as well for the purposes of the trial in the Supreme Court of the Territory.\n (3) The precept for a jury is to be issued by the Registrar, or such other person holding an office in relation to the Supreme Court as the Court directs, and the Sheriff or such other person as the Court directs must prepare the jury panels and summon jurors.\n (4) The person who has custody of the jury list referred to in subsection (2) in the host jurisdiction where the Supreme Court is holding a trial must:\n (a) give a copy of that list to the person directed by the Court to prepare a jury panel; and\n (b) indicate on that copy the names of the persons who, to that person’s knowledge, would not, if summoned at the time the copy is given, be liable to serve as jurors under the law in force in that jurisdiction.\n (5) The Commonwealth must pay any reasonable fee demanded for a copy of a list referred to in paragraph (4)(a).\n (6) Any remuneration required to be paid to a person who serves, or is summoned to serve, on a jury in a trial in the Supreme Court held wholly or partly in a host jurisdiction must be paid by the Commonwealth.\n (7) Where a law applied by this Act for the purposes of a trial in the Supreme Court requires an act or thing to be done by a person specified in that law, the Court may, if it is necessary to do so for the purpose of the effective application of the law, order that a person who holds a specified office in relation to the Court do that act or thing, and the law is taken to apply to that person accordingly.\n (8) The regulations may provide that the provisions of a law referred to in subsection (1) that are specified in the regulations have effect with any modifications specified in the regulations.\n (9) In this section, jury list means the roll, list, or book on or in which the names of persons liable to serve as jurors appear.\n\n#### 60E Offences in relation to jurors\n\n (1) A person who is served with a summons to attend as a juror in a trial in the Supreme Court held wholly or partly in a host jurisdiction must not:\n (a) fail to attend in accordance with the summons; or\n (b) having so attended, withdraw from the presence of the Court, without the permission of the Sheriff, before being discharged or excused by a judge of the Court or the Sheriff.\n\nPenalty: Imprisonment for 1 month.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code (Commonwealth)).\n\n (3) A person must not impersonate a person who is a juror with the intention of sitting on a jury.\n\nPenalty: Imprisonment for 6 months.\n\n (4) A person must not:\n (a) engage in conduct that results in the corruption of a juror; or\n (b) make or promise a payment to a juror, or confer or promise to confer any other benefit on a juror in relation to the person’s service as a juror, other than a payment of the ordinary remuneration of the juror’s employment; or\n (c) being a juror, accept such a payment or benefit.\n\nPenalty: Imprisonment for 5 years.\n\n (5) In this section:\n\n> juror includes a person whose name is on a jury panel.\n\n#### 60F Removal of accused to host jurisdiction to stand trial\n\n (1) Where the Supreme Court makes an order under paragraph 60C(5)(a) in relation to an accused, the Registrar, a Magistrate of the Territory or a person directed by the Court under that paragraph, may:\n (a) by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and\n (b) by warrant directed to that officer, require that officer to detain the accused in that prison under this section.\n (2) A warrant directed to all constables may be executed by any constable.\n (3) An accused delivered into custody at a prison in a host jurisdiction under a warrant under subsection (1) may, subject to any order of the Supreme Court, be detained in that prison or any other prison in that jurisdiction for so long as the accused’s detention is necessary for the execution of the order.\n (4) An accused may, while in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection (1) had been issued under a law in force in the host jurisdiction relating to holding persons in custody pending the trial of those persons.\n (5) The Commonwealth is to pay to the host jurisdiction the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection (1).\n\n#### 60G Accused to be conveyed to Court\n\n (1) Where an accused has been removed to a host jurisdiction under this Act, a judge of the Supreme Court may order that the accused be conveyed to the Court for the purposes of trial in that jurisdiction, and any related proceedings.\n (2) Where a judge of the Supreme Court makes an order under subsection (1), the person who has the custody of the accused must release the accused to a constable to enable the accused to be conveyed to the Court in accordance with that order.\n\n#### 60H Return of accused to Territory\n\n (1) Where the Supreme Court makes an order under paragraph 60C(8)(b), the Registrar may, by warrant directed to all constables, require them to convey the accused in custody from the host jurisdiction in which the Court made the order to the prison in the Territory specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n\n#### 60J Person taken to be prisoner under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if:\n (a) a person has been tried in relation to an indictable offence against a law of the Territory by the Supreme Court sitting in a host jurisdiction; and\n (b) the person is convicted of that offence and sentenced to imprisonment.\n (2) The person is taken:\n (a) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) The provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60K Person taken to be criminal lunatic under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if a person who has been removed to a host jurisdiction under this Act:\n (a) is found to have been insane at the time of the commission of the offence; or\n (b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or\n (c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane.\n (2) The person is taken:\n (a) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) Sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60L Repatriation of person tried in a host jurisdiction\n\n Where:\n (a) a person has been removed to a host jurisdiction under this Act; and\n (b) the trial of the person in the Supreme Court sitting in that jurisdiction has concluded; and\n (c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;\n the Commonwealth must, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.\n\n#### Subdivision C—Historical offences, conduct and engaging in conduct\n\n#### 60M Historical offences\n\n In this Division, a reference to an offence against a law of the Territory:\n (a) includes a reference to an offence against a law in force in the Territory at the time the conduct constituting the offence is alleged to have occurred; and\n (b) includes a reference to an offence against a law mentioned in paragraph (a), even if that law has subsequently been amended or repealed.\n\n#### 60N Meanings of conduct and engage in conduct\n\n In this Division:\n\n> conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n> engage in conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n### Division 2—Civil matters\n\n#### 60P Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Division relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s jurisdiction in civil matters.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Division unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60Q Supreme Court may sit in a host jurisdiction\n\n (1) The Supreme Court, in the exercise of its jurisdiction in civil matters, may sit in a host jurisdiction under this section if to do so would not be contrary to the interests of justice.\n (2) If a civil matter is before the Supreme Court for hearing at a sitting of the court, the court may order that the hearing of the matter be adjourned and continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (3) If a civil matter is not before the Supreme Court for hearing, a Judge may order that the matter be heard or continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (4) When exercising its jurisdiction in a civil matter in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its jurisdiction in that matter in the Territory.\n (5) A power exercised by the Supreme Court under subsection (4) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (7) Where:\n (a) the Supreme Court, when exercising its jurisdiction in a civil matter in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n (8) An order made under subsection (2) or (3) to hear or continue a matter in a host jurisdiction, may:\n (a) if the matter is before the Supreme Court for hearing at a sitting of the court—be revoked by the court and replaced with an order that the hearing of the matter be adjourned and continued at a sitting of the court in the Territory, and at a time and place, specified in the order; and\n (b) if the matter is not before the Supreme Court for hearing—be revoked by a judge of the Court and replaced with an order that the matter be heard or continued at a sitting of the court in the Territory, and at a time and place, specified in the order.\n (9) An order (made under subsection (8) or otherwise) to hear or continue a civil matter at a sitting of the Supreme Court in the Territory may be revoked and be replaced with an order under subsection (2) or (3).\n\n## Part VIII—Miscellaneous\n\n#### 61 Appointment of officers\n\n (1) Despite the Public Service Act 1999, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.\n (2) This section does not prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.\n\n#### 62 Disposal of land\n\n (1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an enactment under which:\n (a) land in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or\n (b) instruments, receipts and other documents in relation to any such land may be executed; or\n (c) rights, duties and liabilities in relation to any such land are or may be acquired, conferred or imposed.\n (2) An enactment referred to in subsection (1) which provides for the acquisition of land must provide that such land must not be acquired otherwise than on just terms.\n\n#### 64 Customs duty on certain goods\n\n (1) Duties of customs are not chargeable on goods imported into Australia from the Territory if the goods:\n (a) are the produce or manufacture of the Territory; and\n (b) have been shipped in the Territory for export to Australia; and\n (c) are not goods which, if manufactured or produced in Australia, would be subject to a duty of excise.\n (2) In this section:\n\n> Australia does not include Norfolk Island.\n\n#### 66 Grant of pardon, remission etc.\n\n (1) The Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as he or she thinks fit, of the execution of sentence, and may remit any fines, penalties and forfeitures imposed or incurred under a law in force in the Territory.\n (2) Without limiting the powers of the Governor‑General under subsection (1), provision may be made by enactment for the remission, for good conduct, of part of the sentence of a person serving a sentence of imprisonment in the Territory.\n (3) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.\n\n#### 66A Ordinances—incorporation of matters by reference\n\n (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.\n (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.\n\n#### 67 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:\n (a) prescribing circumstances in which the prosecution for an offence against a law of the Territory (as defined for the purposes of Division 1 of Part VIIA) is taken to have commenced for the purposes of subsection 60C(2); and\n (b) prescribing penalties, of imprisonment for a period not exceeding 3 months or a fine not exceeding 5 penalty units, for offences against the regulations.","sortOrder":40},{"sectionNumber":"60A","sectionType":"section","heading":"No limitation period on prosecution of sex offences","content":"#### 60A No limitation period on prosecution of sex offences\n\n (1) A prosecution for an offence against a law of the Territory may be commenced at any time after the commission of the offence if that law is listed in Schedule 5.\n\n> Note: See section 60M for the meaning of an offence against a law of the Territory.\n\n (2) Subsection (1) applies even if:\n (a) but for that subsection, the offence would be subject to a shorter limitation period, including a shorter limitation period that has expired (either before the commencement of this section or before the commencement of the prosecution); or\n (b) an immunity from prosecution in relation to the offence has arisen because a shorter limitation period has expired (either before the commencement of this section or before the commencement of the prosecution).\n (3) Schedule 5 has effect.","sortOrder":41},{"sectionNumber":"Subdivision B","sectionType":"subdivision","heading":"Hearing criminal matters in another jurisdiction","content":"An Act to provide for the government of Norfolk Island\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Norfolk Island Act 1979.\n\n#### 2 Commencement\n\n (1) Sections 1, 2, 4, 31, 38, 39, 67, 68 and 69 shall come into operation on the day on which this Act receives the Royal Assent.\n (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Repeals\n\n The Norfolk Island Act 1957 and the Norfolk Island Act 1963 are repealed.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> amended: for when an applied law is amended, see subsection 18E(4).\n\n> applied law means:\n\n (a) an applied State law; or\n (b) an applied Territory law.\n\n> applied law jurisdiction: see section 5.\n\n> applied State law means a law of an applied law jurisdiction that is a State, as in force in Norfolk Island under section 18A.\n\n> applied Territory law means a law of an applied law jurisdiction that is a Territory, as in force in Norfolk Island under section 18A.\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authority includes a body corporate, or an unincorporated body, established for a public purpose.\n\n> Chief Justice means the Chief Justice of the Supreme Court.\n\n> civil matter means any matter that may be determined by the Supreme Court other than in the exercise of its criminal jurisdiction.\n\n> Commonwealth Minister means a Minister of State of the Commonwealth.\n\n> constable means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) a member of the Police Force of Norfolk Island.\n\n> court officer, of a State or Territory that is an applied law jurisdiction, means a person holding, occupying or exercising the powers of:\n\n (a) any of the following offices in a court of that jurisdiction:\n (i) Judge;\n (ii) Magistrate (however described);\n (iii) Master;\n (iv) Registrar (however described);\n (v) Clerk (however described);\n (vi) Sheriff (however described);\n (vii) Bailiff (however described); or\n (b) any other office, prescribed by the regulations for the purposes of this paragraph, of a court of that jurisdiction.\n\n> enactment means:\n\n (a) a section 19A Ordinance; or\n (b) an Ordinance continued in force by this Act; or\n (c) a Legislative Assembly law continued in force by this Act.\n\n> final transition time means the commencement of Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015.\n\n> host jurisdiction means any of the following:\n\n (a) a State;\n (b) the Australian Capital Territory;\n (c) the Northern Territory.\n\n> interim transition time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Legislation Amendment Act 2015.\n\n> Judge means a Judge of the Supreme Court (including the Chief Justice).\n\n> law of an applied law jurisdiction: see subsection 18A(6).\n\n> Legislative Assembly means the Legislative Assembly of Norfolk Island that was in existence before the interim transition time.\n\n> Legislative Assembly law means a law (however described or entitled) passed by the Legislative Assembly, and assented to under this Act, before the interim transition time.\n\n> Magistrate of the Territory means a person appointed as a magistrate under a law in force in the Territory.\n\n> Norfolk Island: see the definition of Territory.\n\n> Norfolk Island Regional Council means a body that is:\n\n (a) established by or under a law in force in the Territory; and\n (b) declared by a section 19A Ordinance to be the Norfolk Island Regional Council for the purposes of this definition.\n\n> power includes a function or duty, and, in that context, exercise means perform.\n\n> prescribed State or Territory means a State or Territory prescribed for the purposes of subsection 60AA(1).\n\n> prison includes a lock‑up or other place of lawful detention.\n\n> Registrar means the Registrar, or the Deputy Registrar, of the Supreme Court.\n\n> responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.\n\n> section 19A Ordinance means an Ordinance made under section 19A after the interim transition time.\n\n> Sheriff means the Sheriff, or the Deputy Sheriff, of the Territory.\n\n> Supreme Court means the Supreme Court of Norfolk Island referred to in section 52.\n\n> Territory, or Norfolk Island, means the Territory of Norfolk Island and, when used in a geographical sense, means the area described in Schedule 1.\n\n (3) A reference in this Act to a law, or to regulations, in force immediately before a particular date shall be read as including a reference to any provisions of the law, or of the regulations, that are not to come into operation until that date or a later date.\n\n#### 5 Meaning of applied law jurisdiction\n\n (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:\n (a) New South Wales;\n (b) a State or Territory (if any) prescribed for the purposes of paragraph (2)(a).\n (2) The regulations may provide for:\n (a) a State or Territory (other than Norfolk Island) to be an applied law jurisdiction; or\n (b) a State (including New South Wales) or a Territory to stop being an applied law jurisdiction.\n (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).\n\n## Part IV—Legislation\n\n### Division 1—Laws\n\n#### 15 Laws in force in the Territory\n\n (1) The laws in force in the Territory from time to time are:\n (a) Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and\n (b) laws made under Acts to the extent that those laws are in force from time to time in, or in relation to, the Territory; and\n (c) section 19A Ordinances as in force from time to time; and\n (d) laws continued in force by section 16 or 16A (including such a law as amended in accordance with section 17); and\n (e) applied laws.\n (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.\n\n#### 16 Continuance of laws in force immediately before 7 August 1979\n\n (1) Notwithstanding the repeal of the Norfolk Island Act 1957 and the Norfolk Island Act 1963, but subject to this Act, all other laws in force immediately before the date of commencement of this section in or in relation to the Territory continue in force.\n\n> Note: This section commenced on 7 August 1979.\n\n (2) In this section, laws means Ordinances made under, and laws continued in force by, the Norfolk Island Act 1957 and laws made under such an Ordinance or law.\n\n#### 16A Continuance of certain laws in force immediately before the interim transition time\n\n (1) Subject to this Act, all Legislative Assembly laws that were in force immediately before the interim transition time continue in force.\n (2) Subject to this Act, all Ordinances made under this Act that were in force immediately before the interim transition time continue in force.\n (3) A reference in this section to a Legislative Assembly law includes a reference to a law made under a Legislative Assembly law.\n (4) A reference in this section to an Ordinance made under this Act includes a reference to a law made under such an Ordinance.\n (5) This section has effect despite the repeal of sections 19 and 27 by the Norfolk Island Legislation Amendment Act 2015.\n\n#### 17 Amendment and repeal of existing laws\n\n (1) Subject to this Act, a law continued in force by section 16 may be amended or repealed by an enactment or by a law made under an enactment.\n (2) A law continued in force by section 16, being an Ordinance, or being a Law made by the Governor of the State of New South Wales before the commencement of the Norfolk Island Act 1913, may not be amended or repealed by a law made under an enactment unless the contrary intention appears in that enactment.\n (3) Subject to this Act, a law continued in force by section 16 or 16A may be amended or repealed by a section 19A Ordinance or by a law made under a section 19A Ordinance.\n (4) A section 19A Ordinance may suspend the operation of a law continued in force by section 16 or 16A for such period as is specified in the Ordinance.\n\n#### 18 Application of Commonwealth Acts\n\n (1) An Act or a provision of an Act extends to the Territory of its own force except so far as the Act or another Act expressly provides otherwise.\n (2) Except as provided by this Act, an enactment has no effect so far as it purports to affect the application of an Act or a provision of an Act in or in relation to the Territory.\n (3) Subsections (1) and (2) apply to Acts passed before, on or after 1 July 2016.\n\n#### 18A Application of laws of applied law jurisdictions\n\n (1) Subject to this section and sections 18B and 18D, the laws of an applied law jurisdiction are in force in Norfolk Island.\n (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.\n (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.\n (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:\n (a) the Constitution; or\n (b) an Act; or\n (c) an enactment; or\n (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.\n (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:\n (a) an Act;\n (b) an enactment;\n (c) a law of another applied law jurisdiction;\n to the extent that the first applied law is capable of operating concurrently with the other law.\n (6) A law of an applied law jurisdiction:\n (a) is a law in force in an applied law jurisdiction from time to time; and\n (b) includes a principle or rule of common law or equity that is part of the law of that jurisdiction; and\n (c) does not include:\n (i) a Commonwealth Act or a provision of a Commonwealth Act; or\n (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.\n\n#### 18B Powers under applied State laws\n\n Vesting of powers\n (1) If, by an applied State law, a power is vested in:\n (a) a Minister of the State; or\n (b) the Governor of the State; or\n (c) the Governor‑in‑Council of the State;\n 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.\n (2) If:\n (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\n (b) subsection (1) does not apply to that power;\n 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.\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied State law.\n\n Delegation etc.\n (3) If a power is vested in the responsible Commonwealth Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a person or authority; or\n (b) delegate the power to a person or authority.\n (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:\n (a) in the direction or delegation; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the responsible Commonwealth Minister.\n (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:\n (a) if authorised to do so by the direction; or\n (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.\n Deemed vesting of powers—State persons and authorities exercising powers in Norfolk Island\n (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:\n (a) the person or authority is subject to an arrangement under section 18C with the State and is:\n (i) an officer or employee of the State; or\n (ii) an authority established by or under a law of the State; or\n (iii) an officer or employee of such an authority; and\n (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:\n (i) whether in the person’s or authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way.\n Deemed vesting of powers—Norfolk Island persons and authorities\n (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.\n\n```html\n

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

\n```\n\n (6) The responsible Commonwealth Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18C Arrangements with the Government of a State\n\n (1) The Commonwealth may enter into arrangements with a State for the effective application and administration of the laws in force in Norfolk Island.\n (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:\n (a) an officer or employee of the State; or\n (b) an authority established by or under a law of the State; or\n (c) an officer or employee of an authority established by or under a law of the State.\n\n#### 18D Powers under applied Territory laws\n\n Vesting of powers\n (1) If, by an applied Territory law, a power is vested in:\n (a) a person (other than a court officer of that Territory); or\n (b) an authority (other than a court of that Territory);\n that power is vested in, and may be exercised by, that person or authority in relation to Norfolk Island.\n (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).\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied Territory law.\n\n Vesting directions etc.\n (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:\n (a) also vested in a person or authority (which may be that Minister); or\n (b) vested instead in another person or authority (which may be that Minister).\n (5) A direction under subsection (4) is subject to such conditions as may be specified in the direction.\n (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.\n Effect of solely vesting powers in other persons or authorities\n (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.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18E Applied laws—effect of directions and delegations\n\n Scope\n (1) This section applies if:\n (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\n (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\n (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.\n Addition of powers\n (2) If:\n (a) the applied law is amended to give the first mentioned person or authority one or more additional powers under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers.\n Alteration of powers\n (3) If:\n (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\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered.\n Amendments of applied laws\n (4) An applied law is amended if:\n (a) the applied law is amended by a section 19A Ordinance; or\n (b) the corresponding law of the applied law jurisdiction is amended.\n\n### Division 2—Legislative powers of the Governor‑General\n\n#### 19A Governor‑General may make Ordinances\n\n (1) Subject to this Act, the Governor‑General may make Ordinances for the peace, order and good government of the Territory.\n (2) An Ordinance made under subsection (1) is a legislative instrument.\n\n### Division 3—Inconsistency of laws\n\n#### 29 Inconsistency of Legislative Assembly laws with old Ordinances\n\n (1) Where an enactment made under repealed Division 2 (as in force before the interim transition time) is inconsistent with an Ordinance made by the Governor‑General under repealed section 27 (as in force before the interim transition time), the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid, but an enactment and an Ordinance shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently.\n (2) A reference in this section to an enactment or to an Ordinance shall be read as including a reference to a law made under an enactment or under an Ordinance, as the case may be.\n\n#### 30 Inconsistency of section 19A Ordinances with the regulations\n\n (1) If a section 19A Ordinance is inconsistent with the regulations, the regulations prevail, and the section 19A Ordinance is, to the extent of the inconsistency, invalid.\n (2) For the purposes of subsection (1), a section 19A Ordinance is taken to be consistent with the regulations to the extent that they are capable of operating concurrently.\n (3) A reference in this section to a section 19A Ordinance includes a reference to a law made under a section 19A Ordinance.\n\n## Part VII—The Judicial System\n\n### Division 1—The Supreme Court of Norfolk Island\n\n#### 52 Constitution of Supreme Court\n\n (1) The Supreme Court of Norfolk Island established by the Norfolk Island Act 1957 continues in existence, notwithstanding the repeal of that Act, as the Superior Court of Record of the Territory.\n (2) The Supreme Court shall consist of a Chief Justice and such other Judge as is, or such other Judges as are, appointed in accordance with this Act.\n\n#### 53 Appointment of Judges\n\n (1) The Governor‑General may, by Commission, appoint a person who, or persons each of whom, is a Judge of another court created by the Parliament to be a Judge or Judges of the Supreme Court.\n (1A) The Governor‑General may, by Commission, appoint a person who is a Judge of another court created by the Parliament to be the Chief Justice of the Supreme Court.\n (3) A person shall not be appointed:\n (a) as a Judge under subsection (1); or\n (b) as the Chief Justice under subsection (1A), whether or not he or she already holds office as a Judge;\n if he or she has attained the age of 70 years.\n (4) A Judge ceases to hold office as a Judge upon his or her attaining the age of 70 years.\n (5) A Judge ceases to hold office as a Judge if he or she no longer holds office as a Judge of another court created by the Parliament.\n (6) A Judge may resign his or her office by writing under his or her hand delivered to the Governor‑General.\n\n#### 53A Acting Chief Justice\n\n Whenever:\n (a) the Chief Justice is absent from Australia or is absent from duty; or\n (b) there is a vacancy in the office of Chief Justice;\n the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice.\n\n#### 54 Seniority of Judges\n\n The Chief Justice is the senior Judge of the Supreme Court and the other Judges have seniority according to the dates on which their Commissions took effect or, where the Commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their Commissions.\n\n#### 55 Holding of other judicial offices\n\n A person may be a Judge of the Supreme Court notwithstanding that he or she is also a Judge of another court created by the Parliament, or is also the holder of a judicial office in relation to a Territory other than Norfolk Island, by virtue of an appointment made either before or after his or her appointment as a Judge of the Supreme Court.\n\n#### 56 Salary and allowances of Judges\n\n A Judge is to be remunerated with the salary, annual allowances and travelling allowances that the Judge receives as a Judge of the other court, or other courts, of which he or she is a Judge.\n\n#### 57 Oath or affirmation of Judge\n\n A Judge appointed after the commencement of this section shall, before proceeding to discharge the duties of his or her office, take before the Governor‑General, a Judge of the Supreme Court or of another court created by the Parliament, or a person authorized by the Governor‑General for the purpose, an oath or affirmation in accordance with the form in Schedule 4.\n\n#### 58 Exercise of jurisdiction\n\n (1) The jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court or, to the extent and in the cases provided by or under enactment, sitting in Chambers.\n (2) The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the Supreme Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to the Judge or Judges who is or are to constitute the Supreme Court in particular matters or classes of matters.\n (3) The Supreme Court constituted by one Judge may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Court.\n (4) The exercise of the jurisdiction of the Supreme Court by a Judge is not invalidated and shall not be called in question on the ground that it is not in accordance with arrangements made in pursuance of this section.\n\n#### 59 Jurisdiction of Supreme Court\n\n Except as provided under this Act, the jurisdiction, practice and procedure of the Supreme Court shall be as provided by or under enactment.\n\n### Division 2—Establishment of courts and tribunals\n\n#### 60 Establishment of courts and tribunals\n\n Courts and tribunals for the Territory may be established by or under enactment.\n\n### Division 3—Conferral of jurisdiction on prescribed State or Territory courts\n\n#### 60AA Conferral of jurisdiction on prescribed State or Territory courts\n\n Conferral of jurisdiction\n (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.\n (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.\n\n> 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.\n\n Places at which court may sit\n (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.\n Application of laws of procedure etc. in criminal proceedings\n (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:\n (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\n (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\n (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\n (d) the reference in subsection (5A) of that section to another State (which includes a Territory) does not include a reference to Norfolk Island.\n State or Territory laws to govern where applicable\n (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.\n Other matters\n (6) This section is subject to:\n (a) the Constitution; and\n (b) any law in force in Norfolk Island.\n\n> 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.\n\n (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 subsections (4) and (5) of this section.\n\n## Part VIIA—Procedure in criminal and civil matters\n\n### Division 1—Criminal matters\n\n#### Subdivision A—No limitation period on prosecution of sex offences\n\n#### 60A No limitation period on prosecution of sex offences\n\n (1) A prosecution for an offence against a law of the Territory may be commenced at any time after the commission of the offence if that law is listed in Schedule 5.\n\n> Note: See section 60M for the meaning of an offence against a law of the Territory.\n\n (2) Subsection (1) applies even if:\n (a) but for that subsection, the offence would be subject to a shorter limitation period, including a shorter limitation period that has expired (either before the commencement of this section or before the commencement of the prosecution); or\n (b) an immunity from prosecution in relation to the offence has arisen because a shorter limitation period has expired (either before the commencement of this section or before the commencement of the prosecution).\n (3) Schedule 5 has effect.\n\n#### Subdivision B—Hearing criminal matters in another jurisdiction\n\n#### 60B Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Subdivision relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s criminal jurisdiction.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Subdivision unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60C Supreme Court may sit in a host jurisdiction\n\n (1) Subject to this section, the Supreme Court, in the exercise of its criminal jurisdiction, may sit in a host jurisdiction if to do so would not be contrary to the interests of justice.\n (2) The Supreme Court may, at any time after prosecution for an offence against a law of the Territory commences and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:\n (a) if the trial of the offence has not begun—that the trial be held in a host jurisdiction, and at a time and place, specified in the order; and\n (b) if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a host jurisdiction, and at a time and place, specified in the order.\n (3) The Supreme Court may make an order under subsection (2) at a sittings of the Court in the Territory or in a host jurisdiction.\n (4) The Supreme Court may make an order under subsection (2) at a sittings of the Court in a host jurisdiction whether or not the accused is present but, if the accused is not present, the Court must only make the order if:\n (a) the accused is represented; and\n (b) the Court is satisfied that the accused understands the effect of the order.\n (5) Where the Supreme Court makes an order under subsection (2), the Court may order that:\n (a) on the warrant of the Registrar, a Magistrate of the Territory or such other person as the Supreme Court directs (being a person who holds an office in relation to the Court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and\n (b) on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.\n (6) When exercising its criminal jurisdiction in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.\n (7) A power exercised by the Supreme Court under subsection (6) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (8) Where the Supreme Court is sitting in a host jurisdiction for the purpose of a trial in that jurisdiction, the Court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:\n (a) the trial be adjourned for such time as the Court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose; and\n (b) on the warrant of the Registrar, the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and\n (c) the jurors empanelled for the trial go to the Territory and remain there for such time as the Court directs for the purpose of continuing to attend as jurors in the trial.\n (9) A person who appears as a witness in the Supreme Court in a trial, or in related proceedings, held wholly or partly in a host jurisdiction, must be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.\n (10) Where:\n (a) the Supreme Court, when exercising its criminal jurisdiction in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n\n#### 60D Juries outside the Territory\n\n (1) Subject to this section and the regulations, the laws in force in a host jurisdiction relating to each of the following:\n (a) the qualification of jurors;\n (b) the preparation of jury lists and jury panels;\n (c) the summoning, attendance and empanelling of juries;\n (d) the number of jurors;\n (e) the right of challenge;\n (f) the discharge of juries;\n (g) the disagreement of jurors;\n (h) the remuneration of jurors;\n (i) other matters concerning jurors (other than matters dealt with under section 60E) after they have been summoned, appointed or sworn;\n that apply for the purposes of the trial of a criminal matter in the Supreme Court of that jurisdiction sitting at a place in that jurisdiction, extend and are to be applied, with such changes as are necessary, for the purposes of the trial of a criminal matter in the Supreme Court of the Territory when sitting at that place.\n (2) For the purposes of a trial in the Supreme Court held wholly or partly at a place in a host jurisdiction, the jury list that would be used for the purposes of a criminal trial in the Supreme Court of that jurisdiction sitting in the same place is to be used as well for the purposes of the trial in the Supreme Court of the Territory.\n (3) The precept for a jury is to be issued by the Registrar, or such other person holding an office in relation to the Supreme Court as the Court directs, and the Sheriff or such other person as the Court directs must prepare the jury panels and summon jurors.\n (4) The person who has custody of the jury list referred to in subsection (2) in the host jurisdiction where the Supreme Court is holding a trial must:\n (a) give a copy of that list to the person directed by the Court to prepare a jury panel; and\n (b) indicate on that copy the names of the persons who, to that person’s knowledge, would not, if summoned at the time the copy is given, be liable to serve as jurors under the law in force in that jurisdiction.\n (5) The Commonwealth must pay any reasonable fee demanded for a copy of a list referred to in paragraph (4)(a).\n (6) Any remuneration required to be paid to a person who serves, or is summoned to serve, on a jury in a trial in the Supreme Court held wholly or partly in a host jurisdiction must be paid by the Commonwealth.\n (7) Where a law applied by this Act for the purposes of a trial in the Supreme Court requires an act or thing to be done by a person specified in that law, the Court may, if it is necessary to do so for the purpose of the effective application of the law, order that a person who holds a specified office in relation to the Court do that act or thing, and the law is taken to apply to that person accordingly.\n (8) The regulations may provide that the provisions of a law referred to in subsection (1) that are specified in the regulations have effect with any modifications specified in the regulations.\n (9) In this section, jury list means the roll, list, or book on or in which the names of persons liable to serve as jurors appear.\n\n#### 60E Offences in relation to jurors\n\n (1) A person who is served with a summons to attend as a juror in a trial in the Supreme Court held wholly or partly in a host jurisdiction must not:\n (a) fail to attend in accordance with the summons; or\n (b) having so attended, withdraw from the presence of the Court, without the permission of the Sheriff, before being discharged or excused by a judge of the Court or the Sheriff.\n\nPenalty: Imprisonment for 1 month.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code (Commonwealth)).\n\n (3) A person must not impersonate a person who is a juror with the intention of sitting on a jury.\n\nPenalty: Imprisonment for 6 months.\n\n (4) A person must not:\n (a) engage in conduct that results in the corruption of a juror; or\n (b) make or promise a payment to a juror, or confer or promise to confer any other benefit on a juror in relation to the person’s service as a juror, other than a payment of the ordinary remuneration of the juror’s employment; or\n (c) being a juror, accept such a payment or benefit.\n\nPenalty: Imprisonment for 5 years.\n\n (5) In this section:\n\n> juror includes a person whose name is on a jury panel.\n\n#### 60F Removal of accused to host jurisdiction to stand trial\n\n (1) Where the Supreme Court makes an order under paragraph 60C(5)(a) in relation to an accused, the Registrar, a Magistrate of the Territory or a person directed by the Court under that paragraph, may:\n (a) by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and\n (b) by warrant directed to that officer, require that officer to detain the accused in that prison under this section.\n (2) A warrant directed to all constables may be executed by any constable.\n (3) An accused delivered into custody at a prison in a host jurisdiction under a warrant under subsection (1) may, subject to any order of the Supreme Court, be detained in that prison or any other prison in that jurisdiction for so long as the accused’s detention is necessary for the execution of the order.\n (4) An accused may, while in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection (1) had been issued under a law in force in the host jurisdiction relating to holding persons in custody pending the trial of those persons.\n (5) The Commonwealth is to pay to the host jurisdiction the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection (1).\n\n#### 60G Accused to be conveyed to Court\n\n (1) Where an accused has been removed to a host jurisdiction under this Act, a judge of the Supreme Court may order that the accused be conveyed to the Court for the purposes of trial in that jurisdiction, and any related proceedings.\n (2) Where a judge of the Supreme Court makes an order under subsection (1), the person who has the custody of the accused must release the accused to a constable to enable the accused to be conveyed to the Court in accordance with that order.\n\n#### 60H Return of accused to Territory\n\n (1) Where the Supreme Court makes an order under paragraph 60C(8)(b), the Registrar may, by warrant directed to all constables, require them to convey the accused in custody from the host jurisdiction in which the Court made the order to the prison in the Territory specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n\n#### 60J Person taken to be prisoner under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if:\n (a) a person has been tried in relation to an indictable offence against a law of the Territory by the Supreme Court sitting in a host jurisdiction; and\n (b) the person is convicted of that offence and sentenced to imprisonment.\n (2) The person is taken:\n (a) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) The provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60K Person taken to be criminal lunatic under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if a person who has been removed to a host jurisdiction under this Act:\n (a) is found to have been insane at the time of the commission of the offence; or\n (b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or\n (c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane.\n (2) The person is taken:\n (a) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) Sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60L Repatriation of person tried in a host jurisdiction\n\n Where:\n (a) a person has been removed to a host jurisdiction under this Act; and\n (b) the trial of the person in the Supreme Court sitting in that jurisdiction has concluded; and\n (c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;\n the Commonwealth must, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.\n\n#### Subdivision C—Historical offences, conduct and engaging in conduct\n\n#### 60M Historical offences\n\n In this Division, a reference to an offence against a law of the Territory:\n (a) includes a reference to an offence against a law in force in the Territory at the time the conduct constituting the offence is alleged to have occurred; and\n (b) includes a reference to an offence against a law mentioned in paragraph (a), even if that law has subsequently been amended or repealed.\n\n#### 60N Meanings of conduct and engage in conduct\n\n In this Division:\n\n> conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n> engage in conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n### Division 2—Civil matters\n\n#### 60P Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Division relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s jurisdiction in civil matters.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Division unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60Q Supreme Court may sit in a host jurisdiction\n\n (1) The Supreme Court, in the exercise of its jurisdiction in civil matters, may sit in a host jurisdiction under this section if to do so would not be contrary to the interests of justice.\n (2) If a civil matter is before the Supreme Court for hearing at a sitting of the court, the court may order that the hearing of the matter be adjourned and continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (3) If a civil matter is not before the Supreme Court for hearing, a Judge may order that the matter be heard or continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (4) When exercising its jurisdiction in a civil matter in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its jurisdiction in that matter in the Territory.\n (5) A power exercised by the Supreme Court under subsection (4) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (7) Where:\n (a) the Supreme Court, when exercising its jurisdiction in a civil matter in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n (8) An order made under subsection (2) or (3) to hear or continue a matter in a host jurisdiction, may:\n (a) if the matter is before the Supreme Court for hearing at a sitting of the court—be revoked by the court and replaced with an order that the hearing of the matter be adjourned and continued at a sitting of the court in the Territory, and at a time and place, specified in the order; and\n (b) if the matter is not before the Supreme Court for hearing—be revoked by a judge of the Court and replaced with an order that the matter be heard or continued at a sitting of the court in the Territory, and at a time and place, specified in the order.\n (9) An order (made under subsection (8) or otherwise) to hear or continue a civil matter at a sitting of the Supreme Court in the Territory may be revoked and be replaced with an order under subsection (2) or (3).\n\n## Part VIII—Miscellaneous\n\n#### 61 Appointment of officers\n\n (1) Despite the Public Service Act 1999, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.\n (2) This section does not prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.\n\n#### 62 Disposal of land\n\n (1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an enactment under which:\n (a) land in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or\n (b) instruments, receipts and other documents in relation to any such land may be executed; or\n (c) rights, duties and liabilities in relation to any such land are or may be acquired, conferred or imposed.\n (2) An enactment referred to in subsection (1) which provides for the acquisition of land must provide that such land must not be acquired otherwise than on just terms.\n\n#### 64 Customs duty on certain goods\n\n (1) Duties of customs are not chargeable on goods imported into Australia from the Territory if the goods:\n (a) are the produce or manufacture of the Territory; and\n (b) have been shipped in the Territory for export to Australia; and\n (c) are not goods which, if manufactured or produced in Australia, would be subject to a duty of excise.\n (2) In this section:\n\n> Australia does not include Norfolk Island.\n\n#### 66 Grant of pardon, remission etc.\n\n (1) The Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as he or she thinks fit, of the execution of sentence, and may remit any fines, penalties and forfeitures imposed or incurred under a law in force in the Territory.\n (2) Without limiting the powers of the Governor‑General under subsection (1), provision may be made by enactment for the remission, for good conduct, of part of the sentence of a person serving a sentence of imprisonment in the Territory.\n (3) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.\n\n#### 66A Ordinances—incorporation of matters by reference\n\n (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.\n (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.\n\n#### 67 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:\n (a) prescribing circumstances in which the prosecution for an offence against a law of the Territory (as defined for the purposes of Division 1 of Part VIIA) is taken to have commenced for the purposes of subsection 60C(2); and\n (b) prescribing penalties, of imprisonment for a period not exceeding 3 months or a fine not exceeding 5 penalty units, for offences against the regulations.","sortOrder":42},{"sectionNumber":"60B","sectionType":"section","heading":"Commonwealth may enter into arrangements with host jurisdictions","content":"#### 60B Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Subdivision relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s criminal jurisdiction.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Subdivision unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.","sortOrder":43},{"sectionNumber":"60C","sectionType":"section","heading":"Supreme Court may sit in a host jurisdiction","content":"#### 60C Supreme Court may sit in a host jurisdiction\n\n (1) Subject to this section, the Supreme Court, in the exercise of its criminal jurisdiction, may sit in a host jurisdiction if to do so would not be contrary to the interests of justice.\n (2) The Supreme Court may, at any time after prosecution for an offence against a law of the Territory commences and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:\n (a) if the trial of the offence has not begun—that the trial be held in a host jurisdiction, and at a time and place, specified in the order; and\n (b) if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a host jurisdiction, and at a time and place, specified in the order.\n (3) The Supreme Court may make an order under subsection (2) at a sittings of the Court in the Territory or in a host jurisdiction.\n (4) The Supreme Court may make an order under subsection (2) at a sittings of the Court in a host jurisdiction whether or not the accused is present but, if the accused is not present, the Court must only make the order if:\n (a) the accused is represented; and\n (b) the Court is satisfied that the accused understands the effect of the order.\n (5) Where the Supreme Court makes an order under subsection (2), the Court may order that:\n (a) on the warrant of the Registrar, a Magistrate of the Territory or such other person as the Supreme Court directs (being a person who holds an office in relation to the Court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and\n (b) on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.\n (6) When exercising its criminal jurisdiction in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.\n (7) A power exercised by the Supreme Court under subsection (6) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (8) Where the Supreme Court is sitting in a host jurisdiction for the purpose of a trial in that jurisdiction, the Court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:\n (a) the trial be adjourned for such time as the Court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose; and\n (b) on the warrant of the Registrar, the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and\n (c) the jurors empanelled for the trial go to the Territory and remain there for such time as the Court directs for the purpose of continuing to attend as jurors in the trial.\n (9) A person who appears as a witness in the Supreme Court in a trial, or in related proceedings, held wholly or partly in a host jurisdiction, must be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.\n (10) Where:\n (a) the Supreme Court, when exercising its criminal jurisdiction in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).","sortOrder":44},{"sectionNumber":"60D","sectionType":"section","heading":"Juries outside the Territory","content":"#### 60D Juries outside the Territory\n\n (1) Subject to this section and the regulations, the laws in force in a host jurisdiction relating to each of the following:\n (a) the qualification of jurors;\n (b) the preparation of jury lists and jury panels;\n (c) the summoning, attendance and empanelling of juries;\n (d) the number of jurors;\n (e) the right of challenge;\n (f) the discharge of juries;\n (g) the disagreement of jurors;\n (h) the remuneration of jurors;\n (i) other matters concerning jurors (other than matters dealt with under section 60E) after they have been summoned, appointed or sworn;\n that apply for the purposes of the trial of a criminal matter in the Supreme Court of that jurisdiction sitting at a place in that jurisdiction, extend and are to be applied, with such changes as are necessary, for the purposes of the trial of a criminal matter in the Supreme Court of the Territory when sitting at that place.\n (2) For the purposes of a trial in the Supreme Court held wholly or partly at a place in a host jurisdiction, the jury list that would be used for the purposes of a criminal trial in the Supreme Court of that jurisdiction sitting in the same place is to be used as well for the purposes of the trial in the Supreme Court of the Territory.\n (3) The precept for a jury is to be issued by the Registrar, or such other person holding an office in relation to the Supreme Court as the Court directs, and the Sheriff or such other person as the Court directs must prepare the jury panels and summon jurors.\n (4) The person who has custody of the jury list referred to in subsection (2) in the host jurisdiction where the Supreme Court is holding a trial must:\n (a) give a copy of that list to the person directed by the Court to prepare a jury panel; and\n (b) indicate on that copy the names of the persons who, to that person’s knowledge, would not, if summoned at the time the copy is given, be liable to serve as jurors under the law in force in that jurisdiction.\n (5) The Commonwealth must pay any reasonable fee demanded for a copy of a list referred to in paragraph (4)(a).\n (6) Any remuneration required to be paid to a person who serves, or is summoned to serve, on a jury in a trial in the Supreme Court held wholly or partly in a host jurisdiction must be paid by the Commonwealth.\n (7) Where a law applied by this Act for the purposes of a trial in the Supreme Court requires an act or thing to be done by a person specified in that law, the Court may, if it is necessary to do so for the purpose of the effective application of the law, order that a person who holds a specified office in relation to the Court do that act or thing, and the law is taken to apply to that person accordingly.\n (8) The regulations may provide that the provisions of a law referred to in subsection (1) that are specified in the regulations have effect with any modifications specified in the regulations.\n (9) In this section, jury list means the roll, list, or book on or in which the names of persons liable to serve as jurors appear.","sortOrder":45},{"sectionNumber":"60E","sectionType":"section","heading":"Offences in relation to jurors","content":"#### 60E Offences in relation to jurors\n\n (1) A person who is served with a summons to attend as a juror in a trial in the Supreme Court held wholly or partly in a host jurisdiction must not:\n (a) fail to attend in accordance with the summons; or\n (b) having so attended, withdraw from the presence of the Court, without the permission of the Sheriff, before being discharged or excused by a judge of the Court or the Sheriff.\n\nPenalty: Imprisonment for 1 month.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code (Commonwealth)).\n\n (3) A person must not impersonate a person who is a juror with the intention of sitting on a jury.\n\nPenalty: Imprisonment for 6 months.\n\n (4) A person must not:\n (a) engage in conduct that results in the corruption of a juror; or\n (b) make or promise a payment to a juror, or confer or promise to confer any other benefit on a juror in relation to the person’s service as a juror, other than a payment of the ordinary remuneration of the juror’s employment; or\n (c) being a juror, accept such a payment or benefit.\n\nPenalty: Imprisonment for 5 years.\n\n (5) In this section:\n\n> juror includes a person whose name is on a jury panel.","sortOrder":46},{"sectionNumber":"60F","sectionType":"section","heading":"Removal of accused to host jurisdiction to stand trial","content":"#### 60F Removal of accused to host jurisdiction to stand trial\n\n (1) Where the Supreme Court makes an order under paragraph 60C(5)(a) in relation to an accused, the Registrar, a Magistrate of the Territory or a person directed by the Court under that paragraph, may:\n (a) by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and\n (b) by warrant directed to that officer, require that officer to detain the accused in that prison under this section.\n (2) A warrant directed to all constables may be executed by any constable.\n (3) An accused delivered into custody at a prison in a host jurisdiction under a warrant under subsection (1) may, subject to any order of the Supreme Court, be detained in that prison or any other prison in that jurisdiction for so long as the accused’s detention is necessary for the execution of the order.\n (4) An accused may, while in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection (1) had been issued under a law in force in the host jurisdiction relating to holding persons in custody pending the trial of those persons.\n (5) The Commonwealth is to pay to the host jurisdiction the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection (1).","sortOrder":47},{"sectionNumber":"60G","sectionType":"section","heading":"Accused to be conveyed to Court","content":"#### 60G Accused to be conveyed to Court\n\n (1) Where an accused has been removed to a host jurisdiction under this Act, a judge of the Supreme Court may order that the accused be conveyed to the Court for the purposes of trial in that jurisdiction, and any related proceedings.\n (2) Where a judge of the Supreme Court makes an order under subsection (1), the person who has the custody of the accused must release the accused to a constable to enable the accused to be conveyed to the Court in accordance with that order.","sortOrder":48},{"sectionNumber":"60H","sectionType":"section","heading":"Return of accused to Territory","content":"#### 60H Return of accused to Territory\n\n (1) Where the Supreme Court makes an order under paragraph 60C(8)(b), the Registrar may, by warrant directed to all constables, require them to convey the accused in custody from the host jurisdiction in which the Court made the order to the prison in the Territory specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison.\n (2) A warrant referred to in subsection (1) may be executed by any constable.","sortOrder":49},{"sectionNumber":"60J","sectionType":"section","heading":"Person taken to be prisoner under Removal of Prisoners (Territories) Act 1923","content":"#### 60J Person taken to be prisoner under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if:\n (a) a person has been tried in relation to an indictable offence against a law of the Territory by the Supreme Court sitting in a host jurisdiction; and\n (b) the person is convicted of that offence and sentenced to imprisonment.\n (2) The person is taken:\n (a) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) The provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly.","sortOrder":50},{"sectionNumber":"60K","sectionType":"section","heading":"Person taken to be criminal lunatic under Removal of Prisoners (Territories) Act 1923","content":"#### 60K Person taken to be criminal lunatic under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if a person who has been removed to a host jurisdiction under this Act:\n (a) is found to have been insane at the time of the commission of the offence; or\n (b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or\n (c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane.\n (2) The person is taken:\n (a) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) Sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly.","sortOrder":51},{"sectionNumber":"60L","sectionType":"section","heading":"Repatriation of person tried in a host jurisdiction","content":"#### 60L Repatriation of person tried in a host jurisdiction\n\n Where:\n (a) a person has been removed to a host jurisdiction under this Act; and\n (b) the trial of the person in the Supreme Court sitting in that jurisdiction has concluded; and\n (c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;\n the Commonwealth must, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.","sortOrder":52},{"sectionNumber":"Subdivision C","sectionType":"subdivision","heading":"Historical offences, conduct and engaging in conduct","content":"An Act to provide for the government of Norfolk Island\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Norfolk Island Act 1979.\n\n#### 2 Commencement\n\n (1) Sections 1, 2, 4, 31, 38, 39, 67, 68 and 69 shall come into operation on the day on which this Act receives the Royal Assent.\n (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.\n\n#### 3 Repeals\n\n The Norfolk Island Act 1957 and the Norfolk Island Act 1963 are repealed.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> amended: for when an applied law is amended, see subsection 18E(4).\n\n> applied law means:\n\n (a) an applied State law; or\n (b) an applied Territory law.\n\n> applied law jurisdiction: see section 5.\n\n> applied State law means a law of an applied law jurisdiction that is a State, as in force in Norfolk Island under section 18A.\n\n> applied Territory law means a law of an applied law jurisdiction that is a Territory, as in force in Norfolk Island under section 18A.\n\n> Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.\n\n> authority includes a body corporate, or an unincorporated body, established for a public purpose.\n\n> Chief Justice means the Chief Justice of the Supreme Court.\n\n> civil matter means any matter that may be determined by the Supreme Court other than in the exercise of its criminal jurisdiction.\n\n> Commonwealth Minister means a Minister of State of the Commonwealth.\n\n> constable means:\n\n (a) a member or special member of the Australian Federal Police; or\n (b) a member of the Police Force of Norfolk Island.\n\n> court officer, of a State or Territory that is an applied law jurisdiction, means a person holding, occupying or exercising the powers of:\n\n (a) any of the following offices in a court of that jurisdiction:\n (i) Judge;\n (ii) Magistrate (however described);\n (iii) Master;\n (iv) Registrar (however described);\n (v) Clerk (however described);\n (vi) Sheriff (however described);\n (vii) Bailiff (however described); or\n (b) any other office, prescribed by the regulations for the purposes of this paragraph, of a court of that jurisdiction.\n\n> enactment means:\n\n (a) a section 19A Ordinance; or\n (b) an Ordinance continued in force by this Act; or\n (c) a Legislative Assembly law continued in force by this Act.\n\n> final transition time means the commencement of Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015.\n\n> host jurisdiction means any of the following:\n\n (a) a State;\n (b) the Australian Capital Territory;\n (c) the Northern Territory.\n\n> interim transition time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Legislation Amendment Act 2015.\n\n> Judge means a Judge of the Supreme Court (including the Chief Justice).\n\n> law of an applied law jurisdiction: see subsection 18A(6).\n\n> Legislative Assembly means the Legislative Assembly of Norfolk Island that was in existence before the interim transition time.\n\n> Legislative Assembly law means a law (however described or entitled) passed by the Legislative Assembly, and assented to under this Act, before the interim transition time.\n\n> Magistrate of the Territory means a person appointed as a magistrate under a law in force in the Territory.\n\n> Norfolk Island: see the definition of Territory.\n\n> Norfolk Island Regional Council means a body that is:\n\n (a) established by or under a law in force in the Territory; and\n (b) declared by a section 19A Ordinance to be the Norfolk Island Regional Council for the purposes of this definition.\n\n> power includes a function or duty, and, in that context, exercise means perform.\n\n> prescribed State or Territory means a State or Territory prescribed for the purposes of subsection 60AA(1).\n\n> prison includes a lock‑up or other place of lawful detention.\n\n> Registrar means the Registrar, or the Deputy Registrar, of the Supreme Court.\n\n> responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.\n\n> section 19A Ordinance means an Ordinance made under section 19A after the interim transition time.\n\n> Sheriff means the Sheriff, or the Deputy Sheriff, of the Territory.\n\n> Supreme Court means the Supreme Court of Norfolk Island referred to in section 52.\n\n> Territory, or Norfolk Island, means the Territory of Norfolk Island and, when used in a geographical sense, means the area described in Schedule 1.\n\n (3) A reference in this Act to a law, or to regulations, in force immediately before a particular date shall be read as including a reference to any provisions of the law, or of the regulations, that are not to come into operation until that date or a later date.\n\n#### 5 Meaning of applied law jurisdiction\n\n (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:\n (a) New South Wales;\n (b) a State or Territory (if any) prescribed for the purposes of paragraph (2)(a).\n (2) The regulations may provide for:\n (a) a State or Territory (other than Norfolk Island) to be an applied law jurisdiction; or\n (b) a State (including New South Wales) or a Territory to stop being an applied law jurisdiction.\n (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).\n\n## Part IV—Legislation\n\n### Division 1—Laws\n\n#### 15 Laws in force in the Territory\n\n (1) The laws in force in the Territory from time to time are:\n (a) Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and\n (b) laws made under Acts to the extent that those laws are in force from time to time in, or in relation to, the Territory; and\n (c) section 19A Ordinances as in force from time to time; and\n (d) laws continued in force by section 16 or 16A (including such a law as amended in accordance with section 17); and\n (e) applied laws.\n (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.\n\n#### 16 Continuance of laws in force immediately before 7 August 1979\n\n (1) Notwithstanding the repeal of the Norfolk Island Act 1957 and the Norfolk Island Act 1963, but subject to this Act, all other laws in force immediately before the date of commencement of this section in or in relation to the Territory continue in force.\n\n> Note: This section commenced on 7 August 1979.\n\n (2) In this section, laws means Ordinances made under, and laws continued in force by, the Norfolk Island Act 1957 and laws made under such an Ordinance or law.\n\n#### 16A Continuance of certain laws in force immediately before the interim transition time\n\n (1) Subject to this Act, all Legislative Assembly laws that were in force immediately before the interim transition time continue in force.\n (2) Subject to this Act, all Ordinances made under this Act that were in force immediately before the interim transition time continue in force.\n (3) A reference in this section to a Legislative Assembly law includes a reference to a law made under a Legislative Assembly law.\n (4) A reference in this section to an Ordinance made under this Act includes a reference to a law made under such an Ordinance.\n (5) This section has effect despite the repeal of sections 19 and 27 by the Norfolk Island Legislation Amendment Act 2015.\n\n#### 17 Amendment and repeal of existing laws\n\n (1) Subject to this Act, a law continued in force by section 16 may be amended or repealed by an enactment or by a law made under an enactment.\n (2) A law continued in force by section 16, being an Ordinance, or being a Law made by the Governor of the State of New South Wales before the commencement of the Norfolk Island Act 1913, may not be amended or repealed by a law made under an enactment unless the contrary intention appears in that enactment.\n (3) Subject to this Act, a law continued in force by section 16 or 16A may be amended or repealed by a section 19A Ordinance or by a law made under a section 19A Ordinance.\n (4) A section 19A Ordinance may suspend the operation of a law continued in force by section 16 or 16A for such period as is specified in the Ordinance.\n\n#### 18 Application of Commonwealth Acts\n\n (1) An Act or a provision of an Act extends to the Territory of its own force except so far as the Act or another Act expressly provides otherwise.\n (2) Except as provided by this Act, an enactment has no effect so far as it purports to affect the application of an Act or a provision of an Act in or in relation to the Territory.\n (3) Subsections (1) and (2) apply to Acts passed before, on or after 1 July 2016.\n\n#### 18A Application of laws of applied law jurisdictions\n\n (1) Subject to this section and sections 18B and 18D, the laws of an applied law jurisdiction are in force in Norfolk Island.\n (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.\n (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.\n (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:\n (a) the Constitution; or\n (b) an Act; or\n (c) an enactment; or\n (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.\n (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:\n (a) an Act;\n (b) an enactment;\n (c) a law of another applied law jurisdiction;\n to the extent that the first applied law is capable of operating concurrently with the other law.\n (6) A law of an applied law jurisdiction:\n (a) is a law in force in an applied law jurisdiction from time to time; and\n (b) includes a principle or rule of common law or equity that is part of the law of that jurisdiction; and\n (c) does not include:\n (i) a Commonwealth Act or a provision of a Commonwealth Act; or\n (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.\n\n#### 18B Powers under applied State laws\n\n Vesting of powers\n (1) If, by an applied State law, a power is vested in:\n (a) a Minister of the State; or\n (b) the Governor of the State; or\n (c) the Governor‑in‑Council of the State;\n 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.\n (2) If:\n (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\n (b) subsection (1) does not apply to that power;\n 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.\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied State law.\n\n Delegation etc.\n (3) If a power is vested in the responsible Commonwealth Minister under subsection (1) or (2), the Minister may, in writing:\n (a) direct that the power is also vested in a person or authority; or\n (b) delegate the power to a person or authority.\n (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:\n (a) in the direction or delegation; or\n (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the responsible Commonwealth Minister.\n (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:\n (a) if authorised to do so by the direction; or\n (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.\n Deemed vesting of powers—State persons and authorities exercising powers in Norfolk Island\n (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:\n (a) the person or authority is subject to an arrangement under section 18C with the State and is:\n (i) an officer or employee of the State; or\n (ii) an authority established by or under a law of the State; or\n (iii) an officer or employee of such an authority; and\n (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:\n (i) whether in the person’s or authority’s own right; or\n (ii) whether in the capacity of a delegate; or\n (iii) whether in any other way.\n Deemed vesting of powers—Norfolk Island persons and authorities\n (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.\n\n```html\n

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

\n```\n\n (6) The responsible Commonwealth Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.\n (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18C Arrangements with the Government of a State\n\n (1) The Commonwealth may enter into arrangements with a State for the effective application and administration of the laws in force in Norfolk Island.\n (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:\n (a) an officer or employee of the State; or\n (b) an authority established by or under a law of the State; or\n (c) an officer or employee of an authority established by or under a law of the State.\n\n#### 18D Powers under applied Territory laws\n\n Vesting of powers\n (1) If, by an applied Territory law, a power is vested in:\n (a) a person (other than a court officer of that Territory); or\n (b) an authority (other than a court of that Territory);\n that power is vested in, and may be exercised by, that person or authority in relation to Norfolk Island.\n (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).\n (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).\n\n> Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied Territory law.\n\n Vesting directions etc.\n (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:\n (a) also vested in a person or authority (which may be that Minister); or\n (b) vested instead in another person or authority (which may be that Minister).\n (5) A direction under subsection (4) is subject to such conditions as may be specified in the direction.\n (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.\n Effect of solely vesting powers in other persons or authorities\n (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.\n Other matters\n (8) An instrument under this section may identify a power by reference to a class of powers.\n (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.\n (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).\n (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.\n (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)).\n\n> Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction.\n\n (13) An instrument under this section is not a legislative instrument.\n\n#### 18E Applied laws—effect of directions and delegations\n\n Scope\n (1) This section applies if:\n (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\n (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\n (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.\n Addition of powers\n (2) If:\n (a) the applied law is amended to give the first mentioned person or authority one or more additional powers under the law; and\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers.\n Alteration of powers\n (3) If:\n (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\n (b) the direction or delegation is in force immediately before the amendment takes effect;\n then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered.\n Amendments of applied laws\n (4) An applied law is amended if:\n (a) the applied law is amended by a section 19A Ordinance; or\n (b) the corresponding law of the applied law jurisdiction is amended.\n\n### Division 2—Legislative powers of the Governor‑General\n\n#### 19A Governor‑General may make Ordinances\n\n (1) Subject to this Act, the Governor‑General may make Ordinances for the peace, order and good government of the Territory.\n (2) An Ordinance made under subsection (1) is a legislative instrument.\n\n### Division 3—Inconsistency of laws\n\n#### 29 Inconsistency of Legislative Assembly laws with old Ordinances\n\n (1) Where an enactment made under repealed Division 2 (as in force before the interim transition time) is inconsistent with an Ordinance made by the Governor‑General under repealed section 27 (as in force before the interim transition time), the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid, but an enactment and an Ordinance shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently.\n (2) A reference in this section to an enactment or to an Ordinance shall be read as including a reference to a law made under an enactment or under an Ordinance, as the case may be.\n\n#### 30 Inconsistency of section 19A Ordinances with the regulations\n\n (1) If a section 19A Ordinance is inconsistent with the regulations, the regulations prevail, and the section 19A Ordinance is, to the extent of the inconsistency, invalid.\n (2) For the purposes of subsection (1), a section 19A Ordinance is taken to be consistent with the regulations to the extent that they are capable of operating concurrently.\n (3) A reference in this section to a section 19A Ordinance includes a reference to a law made under a section 19A Ordinance.\n\n## Part VII—The Judicial System\n\n### Division 1—The Supreme Court of Norfolk Island\n\n#### 52 Constitution of Supreme Court\n\n (1) The Supreme Court of Norfolk Island established by the Norfolk Island Act 1957 continues in existence, notwithstanding the repeal of that Act, as the Superior Court of Record of the Territory.\n (2) The Supreme Court shall consist of a Chief Justice and such other Judge as is, or such other Judges as are, appointed in accordance with this Act.\n\n#### 53 Appointment of Judges\n\n (1) The Governor‑General may, by Commission, appoint a person who, or persons each of whom, is a Judge of another court created by the Parliament to be a Judge or Judges of the Supreme Court.\n (1A) The Governor‑General may, by Commission, appoint a person who is a Judge of another court created by the Parliament to be the Chief Justice of the Supreme Court.\n (3) A person shall not be appointed:\n (a) as a Judge under subsection (1); or\n (b) as the Chief Justice under subsection (1A), whether or not he or she already holds office as a Judge;\n if he or she has attained the age of 70 years.\n (4) A Judge ceases to hold office as a Judge upon his or her attaining the age of 70 years.\n (5) A Judge ceases to hold office as a Judge if he or she no longer holds office as a Judge of another court created by the Parliament.\n (6) A Judge may resign his or her office by writing under his or her hand delivered to the Governor‑General.\n\n#### 53A Acting Chief Justice\n\n Whenever:\n (a) the Chief Justice is absent from Australia or is absent from duty; or\n (b) there is a vacancy in the office of Chief Justice;\n the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice.\n\n#### 54 Seniority of Judges\n\n The Chief Justice is the senior Judge of the Supreme Court and the other Judges have seniority according to the dates on which their Commissions took effect or, where the Commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their Commissions.\n\n#### 55 Holding of other judicial offices\n\n A person may be a Judge of the Supreme Court notwithstanding that he or she is also a Judge of another court created by the Parliament, or is also the holder of a judicial office in relation to a Territory other than Norfolk Island, by virtue of an appointment made either before or after his or her appointment as a Judge of the Supreme Court.\n\n#### 56 Salary and allowances of Judges\n\n A Judge is to be remunerated with the salary, annual allowances and travelling allowances that the Judge receives as a Judge of the other court, or other courts, of which he or she is a Judge.\n\n#### 57 Oath or affirmation of Judge\n\n A Judge appointed after the commencement of this section shall, before proceeding to discharge the duties of his or her office, take before the Governor‑General, a Judge of the Supreme Court or of another court created by the Parliament, or a person authorized by the Governor‑General for the purpose, an oath or affirmation in accordance with the form in Schedule 4.\n\n#### 58 Exercise of jurisdiction\n\n (1) The jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court or, to the extent and in the cases provided by or under enactment, sitting in Chambers.\n (2) The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the Supreme Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to the Judge or Judges who is or are to constitute the Supreme Court in particular matters or classes of matters.\n (3) The Supreme Court constituted by one Judge may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Court.\n (4) The exercise of the jurisdiction of the Supreme Court by a Judge is not invalidated and shall not be called in question on the ground that it is not in accordance with arrangements made in pursuance of this section.\n\n#### 59 Jurisdiction of Supreme Court\n\n Except as provided under this Act, the jurisdiction, practice and procedure of the Supreme Court shall be as provided by or under enactment.\n\n### Division 2—Establishment of courts and tribunals\n\n#### 60 Establishment of courts and tribunals\n\n Courts and tribunals for the Territory may be established by or under enactment.\n\n### Division 3—Conferral of jurisdiction on prescribed State or Territory courts\n\n#### 60AA Conferral of jurisdiction on prescribed State or Territory courts\n\n Conferral of jurisdiction\n (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.\n (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.\n\n> 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.\n\n Places at which court may sit\n (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.\n Application of laws of procedure etc. in criminal proceedings\n (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:\n (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\n (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\n (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\n (d) the reference in subsection (5A) of that section to another State (which includes a Territory) does not include a reference to Norfolk Island.\n State or Territory laws to govern where applicable\n (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.\n Other matters\n (6) This section is subject to:\n (a) the Constitution; and\n (b) any law in force in Norfolk Island.\n\n> 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.\n\n (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 subsections (4) and (5) of this section.\n\n## Part VIIA—Procedure in criminal and civil matters\n\n### Division 1—Criminal matters\n\n#### Subdivision A—No limitation period on prosecution of sex offences\n\n#### 60A No limitation period on prosecution of sex offences\n\n (1) A prosecution for an offence against a law of the Territory may be commenced at any time after the commission of the offence if that law is listed in Schedule 5.\n\n> Note: See section 60M for the meaning of an offence against a law of the Territory.\n\n (2) Subsection (1) applies even if:\n (a) but for that subsection, the offence would be subject to a shorter limitation period, including a shorter limitation period that has expired (either before the commencement of this section or before the commencement of the prosecution); or\n (b) an immunity from prosecution in relation to the offence has arisen because a shorter limitation period has expired (either before the commencement of this section or before the commencement of the prosecution).\n (3) Schedule 5 has effect.\n\n#### Subdivision B—Hearing criminal matters in another jurisdiction\n\n#### 60B Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Subdivision relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s criminal jurisdiction.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Subdivision unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60C Supreme Court may sit in a host jurisdiction\n\n (1) Subject to this section, the Supreme Court, in the exercise of its criminal jurisdiction, may sit in a host jurisdiction if to do so would not be contrary to the interests of justice.\n (2) The Supreme Court may, at any time after prosecution for an offence against a law of the Territory commences and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:\n (a) if the trial of the offence has not begun—that the trial be held in a host jurisdiction, and at a time and place, specified in the order; and\n (b) if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a host jurisdiction, and at a time and place, specified in the order.\n (3) The Supreme Court may make an order under subsection (2) at a sittings of the Court in the Territory or in a host jurisdiction.\n (4) The Supreme Court may make an order under subsection (2) at a sittings of the Court in a host jurisdiction whether or not the accused is present but, if the accused is not present, the Court must only make the order if:\n (a) the accused is represented; and\n (b) the Court is satisfied that the accused understands the effect of the order.\n (5) Where the Supreme Court makes an order under subsection (2), the Court may order that:\n (a) on the warrant of the Registrar, a Magistrate of the Territory or such other person as the Supreme Court directs (being a person who holds an office in relation to the Court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and\n (b) on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.\n (6) When exercising its criminal jurisdiction in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.\n (7) A power exercised by the Supreme Court under subsection (6) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (8) Where the Supreme Court is sitting in a host jurisdiction for the purpose of a trial in that jurisdiction, the Court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:\n (a) the trial be adjourned for such time as the Court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose; and\n (b) on the warrant of the Registrar, the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and\n (c) the jurors empanelled for the trial go to the Territory and remain there for such time as the Court directs for the purpose of continuing to attend as jurors in the trial.\n (9) A person who appears as a witness in the Supreme Court in a trial, or in related proceedings, held wholly or partly in a host jurisdiction, must be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.\n (10) Where:\n (a) the Supreme Court, when exercising its criminal jurisdiction in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n\n#### 60D Juries outside the Territory\n\n (1) Subject to this section and the regulations, the laws in force in a host jurisdiction relating to each of the following:\n (a) the qualification of jurors;\n (b) the preparation of jury lists and jury panels;\n (c) the summoning, attendance and empanelling of juries;\n (d) the number of jurors;\n (e) the right of challenge;\n (f) the discharge of juries;\n (g) the disagreement of jurors;\n (h) the remuneration of jurors;\n (i) other matters concerning jurors (other than matters dealt with under section 60E) after they have been summoned, appointed or sworn;\n that apply for the purposes of the trial of a criminal matter in the Supreme Court of that jurisdiction sitting at a place in that jurisdiction, extend and are to be applied, with such changes as are necessary, for the purposes of the trial of a criminal matter in the Supreme Court of the Territory when sitting at that place.\n (2) For the purposes of a trial in the Supreme Court held wholly or partly at a place in a host jurisdiction, the jury list that would be used for the purposes of a criminal trial in the Supreme Court of that jurisdiction sitting in the same place is to be used as well for the purposes of the trial in the Supreme Court of the Territory.\n (3) The precept for a jury is to be issued by the Registrar, or such other person holding an office in relation to the Supreme Court as the Court directs, and the Sheriff or such other person as the Court directs must prepare the jury panels and summon jurors.\n (4) The person who has custody of the jury list referred to in subsection (2) in the host jurisdiction where the Supreme Court is holding a trial must:\n (a) give a copy of that list to the person directed by the Court to prepare a jury panel; and\n (b) indicate on that copy the names of the persons who, to that person’s knowledge, would not, if summoned at the time the copy is given, be liable to serve as jurors under the law in force in that jurisdiction.\n (5) The Commonwealth must pay any reasonable fee demanded for a copy of a list referred to in paragraph (4)(a).\n (6) Any remuneration required to be paid to a person who serves, or is summoned to serve, on a jury in a trial in the Supreme Court held wholly or partly in a host jurisdiction must be paid by the Commonwealth.\n (7) Where a law applied by this Act for the purposes of a trial in the Supreme Court requires an act or thing to be done by a person specified in that law, the Court may, if it is necessary to do so for the purpose of the effective application of the law, order that a person who holds a specified office in relation to the Court do that act or thing, and the law is taken to apply to that person accordingly.\n (8) The regulations may provide that the provisions of a law referred to in subsection (1) that are specified in the regulations have effect with any modifications specified in the regulations.\n (9) In this section, jury list means the roll, list, or book on or in which the names of persons liable to serve as jurors appear.\n\n#### 60E Offences in relation to jurors\n\n (1) A person who is served with a summons to attend as a juror in a trial in the Supreme Court held wholly or partly in a host jurisdiction must not:\n (a) fail to attend in accordance with the summons; or\n (b) having so attended, withdraw from the presence of the Court, without the permission of the Sheriff, before being discharged or excused by a judge of the Court or the Sheriff.\n\nPenalty: Imprisonment for 1 month.\n\n (2) Subsection (1) does not apply if the person has a reasonable excuse.\n\n> Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code (Commonwealth)).\n\n (3) A person must not impersonate a person who is a juror with the intention of sitting on a jury.\n\nPenalty: Imprisonment for 6 months.\n\n (4) A person must not:\n (a) engage in conduct that results in the corruption of a juror; or\n (b) make or promise a payment to a juror, or confer or promise to confer any other benefit on a juror in relation to the person’s service as a juror, other than a payment of the ordinary remuneration of the juror’s employment; or\n (c) being a juror, accept such a payment or benefit.\n\nPenalty: Imprisonment for 5 years.\n\n (5) In this section:\n\n> juror includes a person whose name is on a jury panel.\n\n#### 60F Removal of accused to host jurisdiction to stand trial\n\n (1) Where the Supreme Court makes an order under paragraph 60C(5)(a) in relation to an accused, the Registrar, a Magistrate of the Territory or a person directed by the Court under that paragraph, may:\n (a) by warrant directed to all constables, require them to convey the accused in custody from the Territory to the prison specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison; and\n (b) by warrant directed to that officer, require that officer to detain the accused in that prison under this section.\n (2) A warrant directed to all constables may be executed by any constable.\n (3) An accused delivered into custody at a prison in a host jurisdiction under a warrant under subsection (1) may, subject to any order of the Supreme Court, be detained in that prison or any other prison in that jurisdiction for so long as the accused’s detention is necessary for the execution of the order.\n (4) An accused may, while in custody, be dealt with in the same manner, and is subject to the same laws, as if the warrant issued under subsection (1) had been issued under a law in force in the host jurisdiction relating to holding persons in custody pending the trial of those persons.\n (5) The Commonwealth is to pay to the host jurisdiction the reasonable expenses of maintaining an accused detained in a prison under a warrant under subsection (1).\n\n#### 60G Accused to be conveyed to Court\n\n (1) Where an accused has been removed to a host jurisdiction under this Act, a judge of the Supreme Court may order that the accused be conveyed to the Court for the purposes of trial in that jurisdiction, and any related proceedings.\n (2) Where a judge of the Supreme Court makes an order under subsection (1), the person who has the custody of the accused must release the accused to a constable to enable the accused to be conveyed to the Court in accordance with that order.\n\n#### 60H Return of accused to Territory\n\n (1) Where the Supreme Court makes an order under paragraph 60C(8)(b), the Registrar may, by warrant directed to all constables, require them to convey the accused in custody from the host jurisdiction in which the Court made the order to the prison in the Territory specified in the warrant and to deliver the accused into the custody of the officer for the time being in charge of that prison.\n (2) A warrant referred to in subsection (1) may be executed by any constable.\n\n#### 60J Person taken to be prisoner under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if:\n (a) a person has been tried in relation to an indictable offence against a law of the Territory by the Supreme Court sitting in a host jurisdiction; and\n (b) the person is convicted of that offence and sentenced to imprisonment.\n (2) The person is taken:\n (a) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) The provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60K Person taken to be criminal lunatic under Removal of Prisoners (Territories) Act 1923\n\n (1) This section applies if a person who has been removed to a host jurisdiction under this Act:\n (a) is found to have been insane at the time of the commission of the offence; or\n (b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or\n (c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane.\n (2) The person is taken:\n (a) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and\n (b) to have been removed to that jurisdiction under that Act.\n (3) Sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly.\n\n#### 60L Repatriation of person tried in a host jurisdiction\n\n Where:\n (a) a person has been removed to a host jurisdiction under this Act; and\n (b) the trial of the person in the Supreme Court sitting in that jurisdiction has concluded; and\n (c) the person is acquitted (other than on the ground of insanity) or is not, after the date on which the trial concludes, required to serve a sentence of imprisonment;\n the Commonwealth must, on application by the person to the Secretary, provide the person with means to enable the person to return to the Territory.\n\n#### Subdivision C—Historical offences, conduct and engaging in conduct\n\n#### 60M Historical offences\n\n In this Division, a reference to an offence against a law of the Territory:\n (a) includes a reference to an offence against a law in force in the Territory at the time the conduct constituting the offence is alleged to have occurred; and\n (b) includes a reference to an offence against a law mentioned in paragraph (a), even if that law has subsequently been amended or repealed.\n\n#### 60N Meanings of conduct and engage in conduct\n\n In this Division:\n\n> conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n> engage in conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n### Division 2—Civil matters\n\n#### 60P Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Division relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s jurisdiction in civil matters.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Division unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.\n\n#### 60Q Supreme Court may sit in a host jurisdiction\n\n (1) The Supreme Court, in the exercise of its jurisdiction in civil matters, may sit in a host jurisdiction under this section if to do so would not be contrary to the interests of justice.\n (2) If a civil matter is before the Supreme Court for hearing at a sitting of the court, the court may order that the hearing of the matter be adjourned and continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (3) If a civil matter is not before the Supreme Court for hearing, a Judge may order that the matter be heard or continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (4) When exercising its jurisdiction in a civil matter in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its jurisdiction in that matter in the Territory.\n (5) A power exercised by the Supreme Court under subsection (4) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (7) Where:\n (a) the Supreme Court, when exercising its jurisdiction in a civil matter in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n (8) An order made under subsection (2) or (3) to hear or continue a matter in a host jurisdiction, may:\n (a) if the matter is before the Supreme Court for hearing at a sitting of the court—be revoked by the court and replaced with an order that the hearing of the matter be adjourned and continued at a sitting of the court in the Territory, and at a time and place, specified in the order; and\n (b) if the matter is not before the Supreme Court for hearing—be revoked by a judge of the Court and replaced with an order that the matter be heard or continued at a sitting of the court in the Territory, and at a time and place, specified in the order.\n (9) An order (made under subsection (8) or otherwise) to hear or continue a civil matter at a sitting of the Supreme Court in the Territory may be revoked and be replaced with an order under subsection (2) or (3).\n\n## Part VIII—Miscellaneous\n\n#### 61 Appointment of officers\n\n (1) Despite the Public Service Act 1999, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.\n (2) This section does not prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.\n\n#### 62 Disposal of land\n\n (1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an enactment under which:\n (a) land in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or\n (b) instruments, receipts and other documents in relation to any such land may be executed; or\n (c) rights, duties and liabilities in relation to any such land are or may be acquired, conferred or imposed.\n (2) An enactment referred to in subsection (1) which provides for the acquisition of land must provide that such land must not be acquired otherwise than on just terms.\n\n#### 64 Customs duty on certain goods\n\n (1) Duties of customs are not chargeable on goods imported into Australia from the Territory if the goods:\n (a) are the produce or manufacture of the Territory; and\n (b) have been shipped in the Territory for export to Australia; and\n (c) are not goods which, if manufactured or produced in Australia, would be subject to a duty of excise.\n (2) In this section:\n\n> Australia does not include Norfolk Island.\n\n#### 66 Grant of pardon, remission etc.\n\n (1) The Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as he or she thinks fit, of the execution of sentence, and may remit any fines, penalties and forfeitures imposed or incurred under a law in force in the Territory.\n (2) Without limiting the powers of the Governor‑General under subsection (1), provision may be made by enactment for the remission, for good conduct, of part of the sentence of a person serving a sentence of imprisonment in the Territory.\n (3) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.\n\n#### 66A Ordinances—incorporation of matters by reference\n\n (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.\n (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.\n\n#### 67 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:\n (a) prescribing circumstances in which the prosecution for an offence against a law of the Territory (as defined for the purposes of Division 1 of Part VIIA) is taken to have commenced for the purposes of subsection 60C(2); and\n (b) prescribing penalties, of imprisonment for a period not exceeding 3 months or a fine not exceeding 5 penalty units, for offences against the regulations.","sortOrder":53},{"sectionNumber":"60M","sectionType":"section","heading":"Historical offences","content":"#### 60M Historical offences\n\n In this Division, a reference to an offence against a law of the Territory:\n (a) includes a reference to an offence against a law in force in the Territory at the time the conduct constituting the offence is alleged to have occurred; and\n (b) includes a reference to an offence against a law mentioned in paragraph (a), even if that law has subsequently been amended or repealed.","sortOrder":54},{"sectionNumber":"60N","sectionType":"section","heading":"Meanings of conduct and engage in conduct","content":"#### 60N Meanings of conduct and engage in conduct\n\n In this Division:\n\n> conduct has the same meaning as in the Commonwealth’s Criminal Code.\n\n> engage in conduct has the same meaning as in the Commonwealth’s Criminal Code.","sortOrder":55},{"sectionNumber":"60P","sectionType":"section","heading":"Commonwealth may enter into arrangements with host jurisdictions","content":"#### 60P Commonwealth may enter into arrangements with host jurisdictions\n\n (1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Division relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s jurisdiction in civil matters.\n (2) No power is conferred, or duty or function imposed, on an officer of a State under this Division unless:\n (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and\n (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement.","sortOrder":57},{"sectionNumber":"60Q","sectionType":"section","heading":"Supreme Court may sit in a host jurisdiction","content":"#### 60Q Supreme Court may sit in a host jurisdiction\n\n (1) The Supreme Court, in the exercise of its jurisdiction in civil matters, may sit in a host jurisdiction under this section if to do so would not be contrary to the interests of justice.\n (2) If a civil matter is before the Supreme Court for hearing at a sitting of the court, the court may order that the hearing of the matter be adjourned and continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (3) If a civil matter is not before the Supreme Court for hearing, a Judge may order that the matter be heard or continued at a sitting of the court in a host jurisdiction, and at a time and place, specified in the order.\n (4) When exercising its jurisdiction in a civil matter in a host jurisdiction, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its jurisdiction in that matter in the Territory.\n (5) A power exercised by the Supreme Court under subsection (4) is taken to have been exercised by the Court at a sittings of the Court in the Territory.\n (7) Where:\n (a) the Supreme Court, when exercising its jurisdiction in a civil matter in a host jurisdiction, makes an order, issues a warrant or summons or gives a judgment; and\n (b) a person fails to comply with that order, warrant, summons or judgment; and\n (c) that failure would have constituted an offence against a law of the Territory if it had occurred there;\n the person commits an offence against this Act punishable by a penalty that is the same as the penalty for the offence referred to in paragraph (c).\n (8) An order made under subsection (2) or (3) to hear or continue a matter in a host jurisdiction, may:\n (a) if the matter is before the Supreme Court for hearing at a sitting of the court—be revoked by the court and replaced with an order that the hearing of the matter be adjourned and continued at a sitting of the court in the Territory, and at a time and place, specified in the order; and\n (b) if the matter is not before the Supreme Court for hearing—be revoked by a judge of the Court and replaced with an order that the matter be heard or continued at a sitting of the court in the Territory, and at a time and place, specified in the order.\n (9) An order (made under subsection (8) or otherwise) to hear or continue a civil matter at a sitting of the Supreme Court in the Territory may be revoked and be replaced with an order under subsection (2) or (3).","sortOrder":58},{"sectionNumber":"Part VIII","sectionType":"part","heading":"Miscellaneous","content":"## Part VIII—Miscellaneous","sortOrder":59},{"sectionNumber":"61","sectionType":"section","heading":"Appointment of officers","content":"#### 61 Appointment of officers\n\n (1) Despite the Public Service Act 1999, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.\n (2) This section does not prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.","sortOrder":60},{"sectionNumber":"62","sectionType":"section","heading":"Disposal of land","content":"#### 62 Disposal of land\n\n (1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an enactment under which:\n (a) land in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or\n (b) instruments, receipts and other documents in relation to any such land may be executed; or\n (c) rights, duties and liabilities in relation to any such land are or may be acquired, conferred or imposed.\n (2) An enactment referred to in subsection (1) which provides for the acquisition of land must provide that such land must not be acquired otherwise than on just terms.","sortOrder":61},{"sectionNumber":"64","sectionType":"section","heading":"Customs duty on certain goods","content":"#### 64 Customs duty on certain goods\n\n (1) Duties of customs are not chargeable on goods imported into Australia from the Territory if the goods:\n (a) are the produce or manufacture of the Territory; and\n (b) have been shipped in the Territory for export to Australia; and\n (c) are not goods which, if manufactured or produced in Australia, would be subject to a duty of excise.\n (2) In this section:\n\n> Australia does not include Norfolk Island.","sortOrder":62},{"sectionNumber":"66","sectionType":"section","heading":"Grant of pardon, remission etc.","content":"#### 66 Grant of pardon, remission etc.\n\n (1) The Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as he or she thinks fit, of the execution of sentence, and may remit any fines, penalties and forfeitures imposed or incurred under a law in force in the Territory.\n (2) Without limiting the powers of the Governor‑General under subsection (1), provision may be made by enactment for the remission, for good conduct, of part of the sentence of a person serving a sentence of imprisonment in the Territory.\n (3) Where an offence has been committed in the Territory, or where an offence has been committed outside the Territory for which the offender may be tried in the Territory, the Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.","sortOrder":63},{"sectionNumber":"66A","sectionType":"section","heading":"Ordinances—incorporation of matters by reference","content":"#### 66A Ordinances—incorporation of matters by reference\n\n (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.\n (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.","sortOrder":64},{"sectionNumber":"67","sectionType":"section","heading":"Regulations","content":"#### 67 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:\n (a) prescribing circumstances in which the prosecution for an offence against a law of the Territory (as defined for the purposes of Division 1 of Part VIIA) is taken to have commenced for the purposes of subsection 60C(2); and\n (b) prescribing penalties, of imprisonment for a period not exceeding 3 months or a fine not exceeding 5 penalty units, for offences against the regulations.","sortOrder":65}],"analysis":{"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"4 (definition of 'Norfolk Island') and 64(2)","severity":"medium","reasoning":"While the Act explicitly carves out the section 64 exception, maintaining two contradictory definitions of 'Australia' within the same instrument creates genuine interpretive complexity and potential for error. The general definition says Norfolk Island is part of Australia; a specific provision says it is not. This is not circular but is internally contradictory in effect.","confidence":0.82,"description":"The definition of 'Australia' in section 4 expressly includes Norfolk Island in a geographical sense. Yet section 64(2) states that for the purposes of customs duty on goods imported from the Territory, 'Australia does not include Norfolk Island.' This creates a bifurcated geographical definition of Australia within the same Act, requiring readers to track which definition applies in any given context."},{"type":"other","section":"53(3) and 53(4)","severity":"low","reasoning":"The combination creates a razor-thin eligibility window and a potential for a Judge to hold office for a vanishingly short period. The retroactive question for pre-existing Judges also arises. This is a minor structural oddity rather than a genuine impossibility.","confidence":0.55,"description":"Section 53(3) prohibits appointing a person who has attained age 70 as a Judge. Section 53(4) provides a Judge ceases to hold office upon attaining age 70. However, there is no prohibition on the gap period: if a Judge is appointed just before turning 70, they hold office but must immediately cease. More absurdly, a person who has already reached 70 cannot be appointed, but there is no express provision addressing what happens to a Judge who was appointed before this Act commenced and was already over 70."},{"type":"circular_definition","section":"57","severity":"low","reasoning":"The first appointee cannot swear before a Supreme Court Judge because none yet exists. The alternatives save the provision from impossibility, but the inclusion of 'a Judge of the Supreme Court' as an oath-taker is logically vacuous for the initial appointment scenario.","confidence":0.65,"description":"Section 57 requires a newly appointed Judge to take an oath before, inter alia, 'a Judge of the Supreme Court.' However, if the first ever Judge of the Supreme Court is being appointed under section 53, there is no existing Judge of the Supreme Court before whom the oath can be taken. The section provides alternative oath-takers (Governor-General, another court Judge, or an authorised person), so this is not an absolute impossibility, but the reference to 'a Judge of the Supreme Court' is meaningless for the first appointment and potentially circular."},{"type":"impossible_compliance","section":"53A","severity":"medium","reasoning":"The mandatory 'shall' in section 53A cannot be satisfied if all remaining Judges have ceased to hold office under section 53(5). The Act provides no fallback mechanism for this scenario, leaving a structural gap in the judicial system.","confidence":0.7,"description":"Section 53A provides that when there is a vacancy in the office of Chief Justice, 'the next senior Judge who is in Australia and is able and willing to do so shall perform the duties' of Chief Justice. However, section 53(5) provides that a Judge ceases to hold office if they no longer hold office as a Judge of another court created by Parliament. If all remaining Judges simultaneously lose their other court appointments, there would be no Judge able to act as Chief Justice despite section 53A's mandatory language ('shall')."},{"type":"circular_definition","section":"5(1)(b) and 5(2)(a)","severity":"low","reasoning":"Subsection (1)(b) incorporates by reference jurisdictions that are purely regulatory creations, making the statutory definition of 'applied law jurisdiction' dependent on subordinate legislation that may or may not exist. While common legislative drafting practice, it creates a genuinely incomplete statutory definition.","confidence":0.6,"description":"Section 5(1)(b) states each State or Territory 'prescribed for the purposes of paragraph (2)(a)' is an applied law jurisdiction. Section 5(2)(a) says regulations 'may provide for' a State or Territory to be an applied law jurisdiction. Section 5(1)(b) therefore includes in its list jurisdictions that the regulations 'may' (but need not) prescribe — meaning the list in subsection (1) is partially self-referential and indeterminate until regulations act. The definition of 'applied law jurisdiction' is thus incomplete on the face of the Act."},{"type":"self_contradicting","section":"4(3)","severity":"medium","reasoning":"The provision attempts to capture transitional situations but creates a logical impossibility: something cannot be simultaneously 'not yet in operation' and 'in force immediately before' a date. The provision conflates the concept of a law having been made with the law being in force.","confidence":0.72,"description":"Section 4(3) provides that a reference to a law 'in force immediately before a particular date' includes provisions 'not to come into operation until that date or a later date.' This means a law that is not yet in force on the date in question is deemed to be in force immediately before that date for the purposes of the reference. This creates a temporal paradox: provisions that are not in force are treated as being in force at a prior point in time."},{"type":"retroactive_impossibility","section":"60A(2)(b)","severity":"high","reasoning":"Once a limitation period expires, the immunity from prosecution becomes a vested legal right. Removing that immunity retrospectively is not merely a procedural change but the removal of a substantive legal protection already perfected. While Parliament has power to do this, it creates a genuine legal absurdity: the person was legally immune, and then retrospectively became not immune.","confidence":0.78,"description":"Section 60A(2)(b) provides that the removal of a limitation period applies even if 'an immunity from prosecution in relation to the offence has arisen because a shorter limitation period has expired.' This retroactively removes an accrued immunity — a vested right — which may be constitutionally problematic under the acquisition of property provisions or more generally as retrospective legislation removing a substantive legal immunity already perfected."},{"type":"self_contradicting","section":"18B(9) and 18D(9)","severity":"medium","reasoning":"The qualification requirements are part of the applied law, yet the Act selectively disapplies them. This is not a logical impossibility but creates an internal inconsistency in the concept of 'applying' foreign law: the law applies except for the bits that restrict who can exercise it.","confidence":0.65,"description":"Both sections provide that the validity of exercise of a power is 'unaffected by the failure of the person or authority to hold a qualification required' under the home jurisdiction's law. This means a person exercising powers in Norfolk Island can validly exercise powers they would be unqualified to exercise in the jurisdiction whose law is being applied. The applied law is simultaneously 'applied' (as to the substance of the power) but not applied (as to eligibility requirements), creating a selective application paradox."},{"type":"self_contradicting","section":"15(1) and 15(2)","severity":"medium","reasoning":"An exhaustive list that is expressly made non-exhaustive by a saving provision is a structural contradiction. The legal effect may be clear but the logic is internally inconsistent.","confidence":0.75,"description":"Section 15(1) purports to exhaustively list 'the laws in force in the Territory from time to time.' Section 15(2) then states this does not prevent 'any other law' from applying 'of its own force.' The combination means the exhaustive list is not actually exhaustive — there is an open-ended category of laws operating outside the list. The word 'laws in force' in subsection (1) therefore does not capture all laws in force."},{"type":"self_contradicting","section":"30(1) and 19A(1)","severity":"medium","reasoning":"Ordinances made under section 19A are the primary legislative instrument for the Territory, yet they are invalidated by regulations made under section 67. Both are made by the Governor-General. This inverts the normal hierarchy of instruments and creates an anomaly where the lesser instrument defeats the greater.","confidence":0.8,"description":"Section 19A(1) grants the Governor-General power to make Ordinances 'for the peace, order and good government of the Territory.' Section 30(1) provides that if a section 19A Ordinance is inconsistent with 'the regulations' (i.e., regulations made under section 67 by the Governor-General), the regulations prevail and the Ordinance is invalid. This means the Governor-General's Ordinance-making power (the higher legislative form) is subordinated to the Governor-General's regulation-making power — the same person's subordinate instrument prevails over their principal legislative instrument."}],"contradictions":[{"severity":"medium","section_a":"4 (definition of 'Australia' including Norfolk Island)","section_b":"64(2) ('Australia does not include Norfolk Island')","confidence":0.85,"description":"The general definition of 'Australia' in section 4 expressly includes Norfolk Island in a geographical sense. Section 64(2) expressly provides that for the purposes of that section, 'Australia does not include Norfolk Island.' While section 64(2) is a specific carve-out, the two provisions are facially contradictory on the geographic meaning of 'Australia' within the same statute."},{"severity":"medium","section_a":"18(1) (Commonwealth Acts extend to Territory of own force)","section_b":"18(2) (enactments have no effect insofar as they purport to affect application of Acts)","confidence":0.65,"description":"Section 18(1) provides that Acts extend to the Territory automatically. Section 18(2) then limits enactments from affecting Act application 'except as provided by this Act.' However, section 18A(4) expressly allows applied laws (which are enactments per the definition) to be overridden by Acts, and section 18A(2) allows Ordinances to incorporate or repeal applied laws. The interplay creates uncertainty about whether an Ordinance can effectively modify the application of a Commonwealth Act indirectly by repealing an applied law that supplements it."},{"severity":"high","section_a":"53(5) (Judge ceases to hold office if no longer a Judge of a Parliament-created court)","section_b":"52(2) (Supreme Court shall consist of a Chief Justice and other Judges)","confidence":0.75,"description":"Section 52(2) mandatorily provides that the Supreme Court 'shall consist of' a Chief Justice and at least one other Judge. Section 53(5) provides that Judges automatically cease to hold office if they lose their appointments to Parliament-created courts. There is no mechanism to maintain the constitutionally mandated composition of the Court if all Judges simultaneously lose their other court appointments, creating a structural impossibility in maintaining a validly constituted Court."},{"severity":"low","section_a":"60AA(2) (courts of prescribed State or Territory have jurisdiction as if Norfolk Island were part of that State or Territory)","section_b":"60AA(5) (laws of prescribed State or Territory are binding on all courts exercising jurisdiction)","confidence":0.55,"description":"Section 60AA(2) confers jurisdiction on State/Territory courts to hear Norfolk Island matters 'as if Norfolk Island were part of the prescribed State or Territory.' Section 60AA(5) makes the laws of the prescribed State or Territory binding 'in all cases to which they are applicable.' This creates a potential circularity: a court must apply the laws of the prescribed jurisdiction (subsection 5), but those laws apply 'as if' Norfolk Island were part of that jurisdiction (subsection 2), which may in turn trigger further applications of that jurisdiction's territorial laws that were not intended to apply to Norfolk Island."},{"severity":"medium","section_a":"18A(1) (laws of applied law jurisdiction are in force in Norfolk Island)","section_b":"18A(4)(c) (applied law has no effect to extent inconsistent with an enactment)","confidence":0.7,"description":"The definition of 'enactment' in section 4 includes 'a Legislative Assembly law continued in force by this Act.' Legislative Assembly laws under section 16A continue in force but the Legislative Assembly itself no longer exists (as defined — it 'was in existence before the interim transition time'). Applied laws are therefore subordinated to laws made by a body that no longer exists and can no longer make law, giving those historical laws a continuing superiority over current applied laws with no democratic accountability mechanism."},{"severity":"medium","section_a":"17(1) (laws continued under s.16 may be amended by enactment)","section_b":"17(2) (laws continued under s.16 being Ordinances may NOT be amended by law made under enactment unless contrary intention)","confidence":0.78,"description":"Section 17(1) broadly allows amendment or repeal of section 16 laws by 'an enactment or by a law made under an enactment.' Section 17(2) immediately carves out a significant exception: if the section 16 law is an Ordinance, a law made under an enactment cannot amend it unless there is contrary intention. The two subsections are in direct tension — subsection (1) apparently permits what subsection (2) restricts, without the restriction being framed as an exception to subsection (1)."}]},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1979 Act was designed to grant Norfolk Island a substantial degree of self-government, including an elected Legislative Assembly with law-making powers. The scope changed dramatically — particularly through the 2015 Norfolk Island Legislation Amendment Act — to abolish self-government, dissolve the Legislative Assembly, and bring the island under direct Commonwealth administration. The Act evolved from a devolution-of-power instrument into a centralised territorial governance framework, with the island's 'parliament' replaced by a local council and the Commonwealth Minister holding the legislative and executive powers previously held by local elected representatives."},"complexity_factors":["Multiple overlapping and co-existing legal frameworks: Commonwealth Acts, Ordinances, applied State laws (NSW), applied Territory laws, and preserved pre-1979 laws all operate simultaneously with priority rules between them","Two distinct 'transition times' (interim and final) from the 2015 amendments create a complex before/after legal landscape that must be tracked across many provisions","The 'applied law jurisdiction' mechanism — importing another jurisdiction's entire body of law (including common law and equity) and then adapting it — is inherently complex and requires constant cross-referencing with NSW law","Power-vesting and delegation chains: powers under applied State laws are redirected to the Commonwealth Minister, who can then re-direct them via deemed directions or express delegations to multiple possible recipients, with automatic updating provisions","Inconsistency rules are multi-tiered: applied laws yield to Ordinances, which yield to regulations, which yield to Acts, which yield to the Constitution — each layer requires separate analysis","Criminal trials can occur across jurisdictions (Norfolk Island, host jurisdictions), with complex rules about juries, warrants, witness payments, prisoners, and repatriation","The Act has been substantially amended multiple times since 1979 — provisions refer to 'repealed sections' and 'old' versions of the Act, requiring historical reconstruction","The text provided appears to contain significant duplication/repetition of sections, suggesting compilation or formatting complexity in the source document","Extensive use of cross-referencing between sections (e.g., subsection 18A(6), section 18B, 18C, 18D, 18E) making linear comprehension very difficult","Special rules for sex offence prosecutions (no limitation period) interact with the historically complex question of which law was 'in force' at the time of the alleged offence"],"plain_english_summary":"## Norfolk Island Act 1979 — What It Does and Who It Affects\n\n### The Big Picture\nThis Act is the foundational law that governs how **Norfolk Island** — a small Australian territory in the Pacific Ocean — is run. Originally passed in 1979 to give Norfolk Island a degree of self-government, it has since been significantly amended (particularly by the *Norfolk Island Legislation Amendment Act 2015*) to bring the island **under much tighter Commonwealth (Australian federal government) control**.\n\n---\n\n### What Changed in 2015 — The Key Shift\nBefore 2015, Norfolk Island had its own elected **Legislative Assembly** (like a mini-parliament) that could make its own laws. The 2015 amendments **abolished that self-government**. Now:\n- The island is governed directly by the **Commonwealth** (the Australian federal government).\n- A **Norfolk Island Regional Council** handles local government matters (similar to a local council on the mainland).\n- The Governor-General (Australia's head of state representative) can make laws called **Ordinances** for Norfolk Island.\n\n---\n\n### Which Laws Apply on Norfolk Island?\nThis is where it gets complicated. Multiple layers of law apply simultaneously:\n1. **Commonwealth Acts** — Australian federal laws automatically apply to Norfolk Island unless specifically excluded.\n2. **Section 19A Ordinances** — special laws made by the Governor-General specifically for Norfolk Island.\n3. **Old laws kept alive** — laws passed before 1979 and before 2015 continue to operate unless changed.\n4. **Applied laws** — most importantly, laws from **New South Wales** (and potentially other states/territories) are imported and apply in Norfolk Island as if it were part of NSW. This means many everyday laws — covering things like contracts, property, criminal matters and local services — come from NSW.\n\n---\n\n### Who Holds Power?\nUnder the 'applied laws' system:\n- Powers that a **State Minister or Governor** would normally hold under NSW law are instead held by the **responsible Commonwealth Minister** in relation to Norfolk Island.\n- That Minister can then delegate (pass on) those powers to other people or bodies, including the Norfolk Island Regional Council, the Australian Federal Police, or NSW government officers.\n- The **AFP (Australian Federal Police)** performs policing functions.\n\n---\n\n### The Courts\n- The **Supreme Court of Norfolk Island** continues to exist and handles serious criminal and civil matters.\n- Judges are drawn from other federal courts — they are not unique to Norfolk Island.\n- Importantly, **trials can be held in mainland Australia** (in a 'host jurisdiction' like NSW, ACT or NT) if justice requires it. This includes criminal trials with juries drawn from the mainland.\n- Courts from the 'prescribed State or Territory' (likely NSW) can also hear Norfolk Island matters.\n- **Sex offences** have **no time limit** on prosecution — a victim can report and prosecute at any time, no matter how long ago the offence occurred.\n\n---\n\n### Who Does This Affect?\n- **Norfolk Island residents**: Their daily lives are governed by a patchwork of NSW laws, Commonwealth laws, and local Ordinances. They lost their elected legislative assembly in 2015.\n- **Businesses on Norfolk Island**: Must comply with laws imported from NSW, which may not always be perfectly suited to island conditions.\n- **Commonwealth government**: Has broad control over the island's governance, legislation, and administration.\n- **People accused of crimes**: May face trial on the Australian mainland; sex offence victims face no prosecution time limit.\n- **NSW government agencies**: May exercise powers on Norfolk Island under intergovernmental arrangements.\n\n---\n\n### In Simple Terms\nNorfolk Island used to run itself. Now Canberra runs it, using a patchwork of NSW laws, federal laws, and special island-specific rules — all stitched together by this Act."},"kimi_summary":{"_metrics":{"model":"kimi-k2.6","source":"moonshot-batch-reanalyse","citationCount":15,"completionTokens":3689},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation originally established self-government for Norfolk Island, including a Legislative Assembly and local law-making powers. Following the 2015 amendments, its scope expanded significantly beyond territorial self-government into a complex administrative framework that abolished the Assembly, applies mainland state/territory laws by reference, and regulates cross-border judicial processes and power-sharing between Commonwealth, state, and local officials."},"complexity_factors":["Multiple concurrent sources of law: Commonwealth Acts, section 19A Ordinances, continued Legislative Assembly laws, and applied State/Territory laws","Extensive interpretation section with over 30 defined terms and multiple temporal triggers (e.g., 'interim transition time', 'final transition time')","Complex vesting and delegation mechanics for powers under applied laws (ss 18B, 18D) involving deemed directions, conditional delegations, and a detailed lookup table","Multi-layered inconsistency provisions determining hierarchical priority between the Constitution, Commonwealth Acts, enactments, and applied laws","Detailed cross-border judicial procedures in Part VIIA allowing criminal and civil trials to be conducted in host jurisdictions with imported jury laws and prisoner transfer mechanisms","Transitional provisions from the 2015 amendments that preserve, amend, and suspend pre-existing laws while repealing the self-governing Legislative Assembly framework"],"plain_english_summary":"This Act is the rulebook for how Norfolk Island is governed as an Australian territory.\n\n**What it does**\nThe Act sets out which laws apply on Norfolk Island, who can make new laws, and how the island’s court system works.\n\n**Laws on the island**\nNorfolk Island does not have its own parliament anymore. The laws that apply come from several sources:\n- **Commonwealth laws** – Australian Government laws that automatically cover the territory.\n- **Applied laws** – Laws from other Australian states or territories (mainly New South Wales) that are imported to apply on Norfolk Island.\n- **Ordinances** – Laws made directly by the Governor‑General for the island.\n- **Old local laws** – Laws passed by Norfolk Island’s former Legislative Assembly that still remain in force until they are replaced.\n\n**Courts and justice**\nThe Act maintains the **Supreme Court of Norfolk Island**. It also allows criminal and civil cases to be moved and heard on the Australian mainland (in a “host jurisdiction”) if that better serves the interests of justice. The Act removes any time limit for prosecuting certain historical sex offences. It also allows courts from prescribed states or territories to hear Norfolk Island matters.\n\n**Why it matters**\nThe Act determines the day‑to‑day legal rights and responsibilities of everyone on Norfolk Island, from criminal justice and land use to customs and how local government functions (through the Norfolk Island Regional Council). Since major amendments in 2015, the territory has shifted from self‑government to being administered more directly by the Commonwealth, with most of its legal rules now borrowed from mainland jurisdictions."}},"importantCases":[],"_links":{"self":"/api/acts/norfolk-island-act-1979","history":"/api/acts/norfolk-island-act-1979/history","analysis":"/api/acts/norfolk-island-act-1979/analysis","conflicts":"/api/acts/norfolk-island-act-1979/conflicts","importantCases":"/api/acts/norfolk-island-act-1979/important-cases","documents":"/api/acts/norfolk-island-act-1979/documents"}}