18BPowers under applied State laws

18B Powers under applied State laws

Vesting of powers (1) If, by an applied State law, a power is vested in: (a) a Minister of the State; or (b) the Governor of the State; or (c) the Governor‑in‑Council of the State; that power is, in relation to Norfolk Island, vested in the responsible Commonwealth Minister instead of the person or authority mentioned in paragraph (a), (b) or (c) of this subsection. (2) If: (a) by an applied State law, a power is vested in a person (other than a court officer of the State) or an authority (other than a court of the State); and (b) subsection (1) does not apply to that power; the power is, in relation to Norfolk Island, vested in the responsible Commonwealth Minister instead of the person or authority mentioned in paragraph (a) of this subsection. (2A) To avoid doubt, a reference in subsection (1) or (2) to a power vested in a person or authority by an applied State law does not include a reference to a power so vested, whether directly or indirectly, because of a section 19A Ordinance made for the purposes of subsection 18A(2).

Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied State law.

Delegation etc. (3) If a power is vested in the responsible Commonwealth Minister under subsection (1) or (2), the Minister may, in writing: (a) direct that the power is also vested in a person or authority; or (b) delegate the power to a person or authority. (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified: (a) in the direction or delegation; or (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the responsible Commonwealth Minister. (5) A person or authority in whom a power is vested by a direction under paragraph (3)(a) may delegate the power, in writing, to another person or authority: (a) if authorised to do so by the direction; or (b) in the case of a deemed direction under subsection (5A) or (5B)—if authorised to do so, in writing, by the responsible Commonwealth Minister. Deemed vesting of powers—State persons and authorities exercising powers in Norfolk Island (5A) If a power under an applied State law is vested in the responsible Commonwealth Minister under paragraph (1)(a) or subsection (2), that Minister is taken to have directed under paragraph (3)(a) that the power is also vested in another person or authority in the circumstances that: (a) the person or authority is subject to an arrangement under section 18C with the State and is: (i) an officer or employee of the State; or (ii) an authority established by or under a law of the State; or (iii) an officer or employee of such an authority; and (b) the power corresponds to a power that the person or authority is authorised, under a law of the State, to exercise in, or in a part of, the State: (i) whether in the person’s or authority’s own right; or (ii) whether in the capacity of a delegate; or (iii) whether in any other way. Deemed vesting of powers—Norfolk Island persons and authorities (5B) If a power under an applied State law mentioned in column 1 of an item of the following table is vested in the responsible Commonwealth Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in a person or authority mentioned in column 2 of the item.