Division 3Inconsistency of laws

An Act to provide for the government of Norfolk Island ## Part I—Preliminary #### 1 Short title This Act may be cited as the Norfolk Island Act 1979. #### 2 Commencement (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. (2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation. #### 3 Repeals The Norfolk Island Act 1957 and the Norfolk Island Act 1963 are repealed. #### 4 Interpretation (1) In this Act, unless the contrary intention appears: > amended: for when an applied law is amended, see subsection 18E(4). > applied law means: (a) an applied State law; or (b) an applied Territory law. > applied law jurisdiction: see section 5. > applied State law means a law of an applied law jurisdiction that is a State, as in force in Norfolk Island under section 18A. > applied Territory law means a law of an applied law jurisdiction that is a Territory, as in force in Norfolk Island under section 18A. > Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island. > authority includes a body corporate, or an unincorporated body, established for a public purpose. > Chief Justice means the Chief Justice of the Supreme Court. > civil matter means any matter that may be determined by the Supreme Court other than in the exercise of its criminal jurisdiction. > Commonwealth Minister means a Minister of State of the Commonwealth. > constable means: (a) a member or special member of the Australian Federal Police; or (b) a member of the Police Force of Norfolk Island. > court officer, of a State or Territory that is an applied law jurisdiction, means a person holding, occupying or exercising the powers of: (a) any of the following offices in a court of that jurisdiction: (i) Judge; (ii) Magistrate (however described); (iii) Master; (iv) Registrar (however described); (v) Clerk (however described); (vi) Sheriff (however described); (vii) Bailiff (however described); or (b) any other office, prescribed by the regulations for the purposes of this paragraph, of a court of that jurisdiction. > enactment means: (a) a section 19A Ordinance; or (b) an Ordinance continued in force by this Act; or (c) a Legislative Assembly law continued in force by this Act. > final transition time means the commencement of Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015. > host jurisdiction means any of the following: (a) a State; (b) the Australian Capital Territory; (c) the Northern Territory. > interim transition time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Legislation Amendment Act 2015. > Judge means a Judge of the Supreme Court (including the Chief Justice). > law of an applied law jurisdiction: see subsection 18A(6). > Legislative Assembly means the Legislative Assembly of Norfolk Island that was in existence before the interim transition time. > 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. > Magistrate of the Territory means a person appointed as a magistrate under a law in force in the Territory. > Norfolk Island: see the definition of Territory. > Norfolk Island Regional Council means a body that is: (a) established by or under a law in force in the Territory; and (b) declared by a section 19A Ordinance to be the Norfolk Island Regional Council for the purposes of this definition. > power includes a function or duty, and, in that context, exercise means perform. > prescribed State or Territory means a State or Territory prescribed for the purposes of subsection 60AA(1). > prison includes a lock‑up or other place of lawful detention. > Registrar means the Registrar, or the Deputy Registrar, of the Supreme Court. > responsible Commonwealth Minister means the Commonwealth Minister who administers this Act. > section 19A Ordinance means an Ordinance made under section 19A after the interim transition time. > Sheriff means the Sheriff, or the Deputy Sheriff, of the Territory. > Supreme Court means the Supreme Court of Norfolk Island referred to in section 52. > Territory, or Norfolk Island, means the Territory of Norfolk Island and, when used in a geographical sense, means the area described in Schedule 1. (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. #### 5 Meaning of applied law jurisdiction (1) Subject to any regulations made for the purposes of paragraph (2)(b), each of the following States or Territories is an applied law jurisdiction: (a) New South Wales; (b) a State or Territory (if any) prescribed for the purposes of paragraph (2)(a). (2) The regulations may provide for: (a) a State or Territory (other than Norfolk Island) to be an applied law jurisdiction; or (b) a State (including New South Wales) or a Territory to stop being an applied law jurisdiction. (3) Without limiting subsection (2), the regulations may prescribe matters of a transitional nature (including any saving or application provisions) relating to regulations made for the purposes of paragraph (2)(b). ## Part IV—Legislation ### Division 1—Laws #### 15 Laws in force in the Territory (1) The laws in force in the Territory from time to time are: (a) Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and (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 (c) section 19A Ordinances as in force from time to time; and (d) laws continued in force by section 16 or 16A (including such a law as amended in accordance with section 17); and (e) applied laws. (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. #### 16 Continuance of laws in force immediately before 7 August 1979 (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. > Note: This section commenced on 7 August 1979. (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. #### 16A Continuance of certain laws in force immediately before the interim transition time (1) Subject to this Act, all Legislative Assembly laws that were in force immediately before the interim transition time continue in force. (2) Subject to this Act, all Ordinances made under this Act that were in force immediately before the interim transition time continue in force. (3) A reference in this section to a Legislative Assembly law includes a reference to a law made under a Legislative Assembly law. (4) A reference in this section to an Ordinance made under this Act includes a reference to a law made under such an Ordinance. (5) This section has effect despite the repeal of sections 19 and 27 by the Norfolk Island Legislation Amendment Act 2015. #### 17 Amendment and repeal of existing laws (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. (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. (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. (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. #### 18 Application of Commonwealth Acts (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. (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. (3) Subsections (1) and (2) apply to Acts passed before, on or after 1 July 2016. #### 18A Application of laws of applied law jurisdictions (1) Subject to this section and sections 18B and 18D, the laws of an applied law jurisdiction are in force in Norfolk Island. (2) To the extent that a law is in force in Norfolk Island under subsection (1) it may be incorporated, amended or repealed by a section 19A Ordinance or a law made under a section 19A Ordinance. (3) A section 19A Ordinance may suspend the operation in Norfolk Island of a law in force in Norfolk Island under subsection (1) for such period as is specified in the Ordinance. (4) To the extent that a law of an applied law jurisdiction is in force in Norfolk Island under subsection (1), it has no effect to the extent that it is inconsistent with: (a) the Constitution; or (b) an Act; or (c) an enactment; or (d) a law of another applied law jurisdiction in force in Norfolk Island under this section that has a higher order of priority under regulations made for the purposes of this paragraph. (5) For the purposes of subsection (4), a law of an applied law jurisdiction (the first applied law) is taken to be consistent with any of the following other laws: (a) an Act; (b) an enactment; (c) a law of another applied law jurisdiction; to the extent that the first applied law is capable of operating concurrently with the other law. (6) A law of an applied law jurisdiction: (a) is a law in force in an applied law jurisdiction from time to time; and (b) includes a principle or rule of common law or equity that is part of the law of that jurisdiction; and (c) does not include: (i) a Commonwealth Act or a provision of a Commonwealth Act; or (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument. #### 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. ```html <table cellspacing="0" cellpadding="0" style="margin-left:0.25pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:343.6pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Deemed vesting of powers—Norfolk Island persons and authorities</span></p></td></tr><tr><td style="width:24.9pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Item</span></p></td><td style="width:201.35pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 1</span></p></td><td style="width:95.75pt; border-top:1.5pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="TableHeading"><span>Column 2</span></p></td></tr></thead><tbody><tr><td style="width:24.9pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>1</span></p></td><td style="width:201.35pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A power that corresponds to a power vested by a law of the State in a police force (however described)</span></p></td><td style="width:95.75pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The Australian Federal Police</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>2</span></p></td><td style="width:201.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>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</span></p></td><td style="width:95.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>Both of the following:</span></p><p class="Tablea"><span>(a) a member of the Police Force of Norfolk Island holding, occupying or exercising the powers of a corresponding office or position;</span></p><p class="Tablea"><span>(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</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>3</span></p></td><td style="width:201.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A power that corresponds to a power vested by a law of the State in a body (a </span><span style="font-weight:bold; font-style:italic">local government body</span><span>) responsible for local government under such a law</span></p></td><td style="width:95.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>The Norfolk Island Regional Council</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>4</span></p></td><td style="width:201.35pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>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</span></p></td><td style="width:95.75pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A person holding, occupying or exercising the powers of a corresponding office or position on or with the Norfolk Island Regional Council</span></p></td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>5</span></p></td><td style="width:201.35pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>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</span></p></td><td style="width:95.75pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p class="Tabletext"><span>A person or authority prescribed by that</span><span style="font-style:italic"> </span><span>Ordinance</span></p></td></tr></tbody></table> ``` (6) The responsible Commonwealth Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power. (7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction. Other matters (8) An instrument under this section may identify a power by reference to a class of powers. (9) The validity of the exercise of a power under an applied State law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person or authority exercising that power under a law of the State. (10) This section does not affect the operation of section 18A in relation to the application in or in relation to Norfolk Island of a law (a subordinate law) made under a law of an applied law jurisdiction (whether the subordinate law is made before or after the final transition time). (11) Subject to any direction or delegation made under this section, if a power vested by an applied State law in a person or authority (the first mentioned person or authority) is vested in another person or authority under this section, each reference in any applied State law of that State to the first mentioned person or authority is taken to include a reference to the other person or authority. (12) A reference in this section to a law of a State that is an applied law jurisdiction is taken to be a reference to a law of the applied law jurisdiction (within the meaning of subsection 18A(6)). > Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction. (13) An instrument under this section is not a legislative instrument. #### 18C Arrangements with the Government of a State (1) The Commonwealth may enter into arrangements with a State for the effective application and administration of the laws in force in Norfolk Island. (2) Without limiting the generality of subsection (1), such an arrangement may provide for the exercise of powers in, or in relation to, Norfolk Island by: (a) an officer or employee of the State; or (b) an authority established by or under a law of the State; or (c) an officer or employee of an authority established by or under a law of the State. #### 18D Powers under applied Territory laws Vesting of powers (1) If, by an applied Territory law, a power is vested in: (a) a person (other than a court officer of that Territory); or (b) an authority (other than a court of that Territory); that power is vested in, and may be exercised by, that person or authority in relation to Norfolk Island. (2) A reference in subsection (1) to a power that is vested in a person or authority by an applied Territory law includes a reference to a power that is otherwise exercisable under that law (for example, under a delegation made under that law, or under an authorisation). (3) To avoid doubt, a reference in subsection (1) to a power vested in a person or authority by an applied Territory law does not include a reference to a power so vested, whether directly or indirectly, because of a section 19A Ordinance made for the purposes of subsection 18A(2). > Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied Territory law. Vesting directions etc. (4) If a power under an applied Territory law is vested in a person or authority under subsection (1), the responsible Commonwealth Minister may, in writing, direct that the power is, in relation to Norfolk Island: (a) also vested in a person or authority (which may be that Minister); or (b) vested instead in another person or authority (which may be that Minister). (5) A direction under subsection (4) is subject to such conditions as may be specified in the direction. (6) A person or authority in whom a power is vested by a direction under subsection (4) may, if authorised by the direction, delegate the power, in writing, to another person or authority. Effect of solely vesting powers in other persons or authorities (7) If the responsible Commonwealth Minister gives a direction under paragraph (4)(b) in relation to a power, the power stops being vested in relation to Norfolk Island under subsection (1) at the start of the day after the direction is given. Other matters (8) An instrument under this section may identify a power by reference to a class of powers. (9) The validity of the exercise of a power under an applied Territory law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person or authority exercising that power under a law of that Territory. (10) This section does not affect the operation of section 18A in relation to the application in or in relation to Norfolk Island of a law (a subordinate law) made under a law of an applied law jurisdiction (whether the subordinate law is made before or after the commencement of this section). (11) Subject to any direction or delegation made under this section, if a power vested by an applied Territory law in a person or authority (the first mentioned person or authority) is vested in another person or authority under this section, each reference in any applied Territory law of that Territory to the first mentioned person or authority is taken to include a reference to the other person or authority. (12) A reference in this section to a law of a Territory that is an applied law jurisdiction is taken to be a reference to a law of the applied law jurisdiction (within the meaning of subsection 18A(6)). > Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction. (13) An instrument under this section is not a legislative instrument. #### 18E Applied laws—effect of directions and delegations Scope (1) This section applies if: (a) the responsible Commonwealth Minister directs, under paragraph 18B(3)(a) or subsection 18D(4), that all the powers of a person or authority (the first mentioned person or authority) under an applied law are vested in another person or authority; or (b) the responsible Commonwealth Minister delegates to a person or authority, under paragraph 18B(3)(b), all the powers of a person or authority (also the first mentioned person or authority) under an applied law; or (c) a person or authority delegates to another person or authority, under subsection 18B(5) or 18D(6), all the powers of a person or authority (also the first mentioned person or authority) under an applied law. Addition of powers (2) If: (a) the applied law is amended to give the first mentioned person or authority one or more additional powers under the law; and (b) the direction or delegation is in force immediately before the amendment takes effect; then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers. Alteration of powers (3) If: (a) the applied law is amended to alter the scope of one or more of the powers of the first mentioned person or authority under the law; and (b) the direction or delegation is in force immediately before the amendment takes effect; then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered. Amendments of applied laws (4) An applied law is amended if: (a) the applied law is amended by a section 19A Ordinance; or (b) the corresponding law of the applied law jurisdiction is amended. ### Division 2—Legislative powers of the Governor‑General #### 19A Governor‑General may make Ordinances (1) Subject to this Act, the Governor‑General may make Ordinances for the peace, order and good government of the Territory. (2) An Ordinance made under subsection (1) is a legislative instrument. ### Division 3—Inconsistency of laws #### 29 Inconsistency of Legislative Assembly laws with old Ordinances (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. (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. #### 30 Inconsistency of section 19A Ordinances with the regulations (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. (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. (3) A reference in this section to a section 19A Ordinance includes a reference to a law made under a section 19A Ordinance. ## Part VII—The Judicial System ### Division 1—The Supreme Court of Norfolk Island #### 52 Constitution of Supreme Court (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. (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. #### 53 Appointment of Judges (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. (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. (3) A person shall not be appointed: (a) as a Judge under subsection (1); or (b) as the Chief Justice under subsection (1A), whether or not he or she already holds office as a Judge; if he or she has attained the age of 70 years. (4) A Judge ceases to hold office as a Judge upon his or her attaining the age of 70 years. (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. (6) A Judge may resign his or her office by writing under his or her hand delivered to the Governor‑General. #### 53A Acting Chief Justice Whenever: (a) the Chief Justice is absent from Australia or is absent from duty; or (b) 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, and may exercise the powers, of the Chief Justice. #### 54 Seniority of Judges 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. #### 55 Holding of other judicial offices 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. #### 56 Salary and allowances of Judges 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. #### 57 Oath or affirmation of Judge 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. #### 58 Exercise of jurisdiction (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. (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. (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. (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. #### 59 Jurisdiction of Supreme Court Except as provided under this Act, the jurisdiction, practice and procedure of the Supreme Court shall be as provided by or under enactment. ### Division 2—Establishment of courts and tribunals #### 60 Establishment of courts and tribunals Courts and tribunals for the Territory may be established by or under enactment. ### Division 3—Conferral of jurisdiction on prescribed State or Territory courts #### 60AA Conferral of jurisdiction on prescribed State or Territory courts Conferral of jurisdiction (1) A State or a Territory (the prescribed State or Territory), other than Norfolk Island, may be prescribed by the regulations for the purposes of this subsection. (2) The courts of the prescribed State or Territory have jurisdiction (including appellate jurisdiction) to hear and determine matters arising under laws in force in Norfolk Island as if Norfolk Island were part of the prescribed State or Territory. > Note: For the transfer of jurisdiction from the courts of Norfolk Island to the courts of the prescribed State or Territory, see Division 3 of Part 2 of Schedule 1 to the Territories Legislation Amendment Act 2020. Places at which court may sit (3) A court of the prescribed State or Territory may, in exercising jurisdiction under this section, sit in Norfolk Island or the prescribed State or Territory. Application of laws of procedure etc. in criminal proceedings (4) Section 68 of the Judiciary Act 1903 applies to a court exercising jurisdiction under this section in relation to a matter that concerns an offence as if: (a) a reference in that section to the laws of a State or Territory were a reference to the laws of the prescribed State or Territory; and (b) a reference in that section to offences against the laws of the Commonwealth were a reference to offences against the laws in force in Norfolk Island; and (c) a reference in that section to the conferral of jurisdiction on the courts of a State or Territory by that section were a reference to the conferral of jurisdiction on the courts of the prescribed State or Territory by this section; and (d) the reference in subsection (5A) of that section to another State (which includes a Territory) does not include a reference to Norfolk Island. State or Territory laws to govern where applicable (5) The laws of the prescribed State or Territory, including the laws relating to procedure, evidence and the competency of witnesses, are binding on all courts exercising jurisdiction under this section in that State or Territory, or in Norfolk Island, in all cases to which they are applicable. Other matters (6) This section is subject to: (a) the Constitution; and (b) any law in force in Norfolk Island. > Note: Paragraph (6)(b) has the effect that subsections (3), (4) and (5) of this section are subject to the provisions of Part VIIA of this Act. (7) A suspension of a law under subsection 18A(4) does not, by virtue of that suspension alone, affect the application of that law under subsections (4) and (5) of this section. ## Part VIIA—Procedure in criminal and civil matters ### Division 1—Criminal matters #### Subdivision A—No limitation period on prosecution of sex offences #### 60A No limitation period on prosecution of sex offences (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. > Note: See section 60M for the meaning of an offence against a law of the Territory. (2) Subsection (1) applies even if: (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 (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). (3) Schedule 5 has effect. #### Subdivision B—Hearing criminal matters in another jurisdiction #### 60B Commonwealth may enter into arrangements with host jurisdictions (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. (2) No power is conferred, or duty or function imposed, on an officer of a State under this Subdivision unless: (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement. #### 60C Supreme Court may sit in a host jurisdiction (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. (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: (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 (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. (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. (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: (a) the accused is represented; and (b) the Court is satisfied that the accused understands the effect of the order. (5) Where the Supreme Court makes an order under subsection (2), the Court may order that: (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 (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. (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. (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. (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: (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 (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 (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. (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. (10) Where: (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 (b) a person fails to comply with that order, warrant, summons or judgment; and (c) that failure would have constituted an offence against a law of the Territory if it had occurred there; 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). #### 60D Juries outside the Territory (1) Subject to this section and the regulations, the laws in force in a host jurisdiction relating to each of the following: (a) the qualification of jurors; (b) the preparation of jury lists and jury panels; (c) the summoning, attendance and empanelling of juries; (d) the number of jurors; (e) the right of challenge; (f) the discharge of juries; (g) the disagreement of jurors; (h) the remuneration of jurors; (i) other matters concerning jurors (other than matters dealt with under section 60E) after they have been summoned, appointed or sworn; 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. (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. (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. (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: (a) give a copy of that list to the person directed by the Court to prepare a jury panel; and (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. (5) The Commonwealth must pay any reasonable fee demanded for a copy of a list referred to in paragraph (4)(a). (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. (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. (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. (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. #### 60E Offences in relation to jurors (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: (a) fail to attend in accordance with the summons; or (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. Penalty: Imprisonment for 1 month. (2) Subsection (1) does not apply if the person has a reasonable excuse. > 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)). (3) A person must not impersonate a person who is a juror with the intention of sitting on a jury. Penalty: Imprisonment for 6 months. (4) A person must not: (a) engage in conduct that results in the corruption of a juror; or (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 (c) being a juror, accept such a payment or benefit. Penalty: Imprisonment for 5 years. (5) In this section: > juror includes a person whose name is on a jury panel. #### 60F Removal of accused to host jurisdiction to stand trial (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: (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 (b) by warrant directed to that officer, require that officer to detain the accused in that prison under this section. (2) A warrant directed to all constables may be executed by any constable. (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. (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. (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). #### 60G Accused to be conveyed to Court (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. (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. #### 60H Return of accused to Territory (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. (2) A warrant referred to in subsection (1) may be executed by any constable. #### 60J Person taken to be prisoner under Removal of Prisoners (Territories) Act 1923 (1) This section applies if: (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 (b) the person is convicted of that offence and sentenced to imprisonment. (2) The person is taken: (a) to be a prisoner within the meaning of the Removal of Prisoners (Territories) Act 1923; and (b) to have been removed to that jurisdiction under that Act. (3) The provisions of that Act apply (so far as they are capable of applying) in relation to the person accordingly. #### 60K Person taken to be criminal lunatic under Removal of Prisoners (Territories) Act 1923 (1) This section applies if a person who has been removed to a host jurisdiction under this Act: (a) is found to have been insane at the time of the commission of the offence; or (b) is found or certified, or otherwise lawfully proved, to be unfit, on the ground of insanity, to be tried for the offence; or (c) is convicted of an offence and afterwards certified, or otherwise lawfully proved, to be insane. (2) The person is taken: (a) to be a criminal lunatic within the meaning of the Removal of Prisoners (Territories) Act 1923; and (b) to have been removed to that jurisdiction under that Act. (3) Sections 9 and 10A of that Act apply (so far as they are capable of applying) in relation to the person accordingly. #### 60L Repatriation of person tried in a host jurisdiction Where: (a) a person has been removed to a host jurisdiction under this Act; and (b) the trial of the person in the Supreme Court sitting in that jurisdiction has concluded; and (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; 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. #### Subdivision C—Historical offences, conduct and engaging in conduct #### 60M Historical offences In this Division, a reference to an offence against a law of the Territory: (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 (b) includes a reference to an offence against a law mentioned in paragraph (a), even if that law has subsequently been amended or repealed. #### 60N Meanings of conduct and engage in conduct In this Division: > conduct has the same meaning as in the Commonwealth’s Criminal Code. > engage in conduct has the same meaning as in the Commonwealth’s Criminal Code. ### Division 2—Civil matters #### 60P Commonwealth may enter into arrangements with host jurisdictions (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. (2) No power is conferred, or duty or function imposed, on an officer of a State under this Division unless: (a) an arrangement has been entered into with the government or an authority of that State under subsection (1); and (b) the conferral of the power or imposition of the duty or function is in accordance with that arrangement. #### 60Q Supreme Court may sit in a host jurisdiction (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. (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. (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. (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. (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. (7) Where: (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 (b) a person fails to comply with that order, warrant, summons or judgment; and (c) that failure would have constituted an offence against a law of the Territory if it had occurred there; 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). (8) An order made under subsection (2) or (3) to hear or continue a matter in a host jurisdiction, may: (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 (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. (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). ## Part VIII—Miscellaneous #### 61 Appointment of officers (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. (2) This section does not prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory. #### 62 Disposal of land (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: (a) land in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or (b) instruments, receipts and other documents in relation to any such land may be executed; or (c) rights, duties and liabilities in relation to any such land are or may be acquired, conferred or imposed. (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. #### 64 Customs duty on certain goods (1) Duties of customs are not chargeable on goods imported into Australia from the Territory if the goods: (a) are the produce or manufacture of the Territory; and (b) have been shipped in the Territory for export to Australia; and (c) are not goods which, if manufactured or produced in Australia, would be subject to a duty of excise. (2) In this section: > Australia does not include Norfolk Island. #### 66 Grant of pardon, remission etc. (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. (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. (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. #### 66A Ordinances—incorporation of matters by reference (1) Despite subsection 14(2) of the Legislation Act 2003, a section 19A Ordinance, or a law made under such an Ordinance, may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a provision of a law of an applied law jurisdiction (whether or not the law is an applied law), as in force at a particular time or as in force from time to time. (2) Subsection (1) applies to a provision of a law of an applied law jurisdiction that is not an Act of the Parliament of the applied law jurisdiction only if the provision is subject to disallowance (however described) in that jurisdiction. #### 67 Regulations 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: (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 (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.