Div 11Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017

Division 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017

amending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.

(a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or
(b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).

prosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.

then the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.

(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.

prosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.

If, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.

(a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and

(a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and
(b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.

Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.

(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.

For the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.