36AReferences to documents

36A References to documents

If an applied law or adopted law requires or permits something to be done in accordance with, or having regard to, a document made, approved or published under, or for the purposes of, an applied law, adopted law or a law of Queensland, the reference to the document is taken to be a reference to: (a) any such document made, approved or published in relation to the Territory of Norfolk Island in force or existing at the time the thing is to be done (the relevant time); or (b) if there is no document made, approved or published in relation to the Territory of Norfolk Island in force or existing at the relevant time—the document made, approved or published under, or for the purposes of, the law as in force in Queensland, as the document is in force or exists at the relevant time.

3AA Section 39

Add at the end:

(4) In subsection (1): (a) a reference to document includes a plaint, summons, writ, subpoena or other process issued out of a court or tribunal in accordance with an enactment or a rule of court; and (b) a reference to: (i) the address of the place of residence or business of a person; or (ii) the head office, a registered office or a principal office of a body corporate; includes, where that address is in Norfolk Island, a Post Office Box number registered in the name of, or of a business owned by, that person or in the name of that corporation.

3AAA Section 39A

Add at the end:

(4) Despite paragraph (1)(b), if: (a) the address to which the letter is posted is a Post Office Box address in Norfolk Island; and (b) the person to whom it is addressed is not present on Norfolk Island on or after the day following the date of posting; service is not taken to have been effected until the day following the person’s return to Norfolk Island or such earlier day that that the document was in fact received by the person.

3A Subsection 44(1)

Omit “Justices Act 1886”, insert “Court of Petty Sessions Act 1960 (NI)”.

3B Section 49A

Before “If a provision”, insert (1)

3C At the end of section 49A

Add:

Courts—Norfolk Island (2) In a matter arising under an applied law or an adopted law, jurisdiction is taken to be conferred on the following, to the extent permitted by the Commonwealth Constitution: (a) if the Supreme Court of Queensland has jurisdiction in the matter in relation to Queensland—the Supreme Court of Norfolk Island; (b) if the District Court of Queensland has jurisdiction in the matter in relation to Queensland—the Supreme Court of Norfolk Island; (c) if the Magistrates Court of Queensland has jurisdiction in the matter in relation to Queensland—the Court of Petty Sessions of Norfolk Island; (d) if the Children’s Court of Queensland has jurisdiction in the matter in relation to Queensland—the Court of Petty Sessions of Norfolk Island. Tribunals—Norfolk Island (3) A power or function conferred on the Queensland Civil and Administrative Tribunal under an applied law or an adopted law is taken to be, to the extent permitted by the Commonwealth Constitution: (a) conferred on the Administrative Review Tribunal of Norfolk Island for the purposes of the applied law or adopted law as in force in the Territory of Norfolk Island; and (b) to be exercised or performed by the Administrative Review Tribunal of Norfolk Island in accordance with the Administrative Review Tribunal Act 1996 of Norfolk Island. (4) A reference in an applied law or an adopted law to a provision of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) in relation to asking or applying for review, giving notice, extensions of time or any other matter, is to be read as if it were a reference to the corresponding provision of the Administrative Review Tribunal Act 1996 (NI).