Division Div 22 - Norfolk Island Continued Laws Ordinance 2015 - Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021 | Zoe
Division 22—Application, saving and transitional provisions relating to the Norfolk Island Legislation Amendment (Criminal and Civil Matters) Ordinance 2021
(1) Section 8 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the first occurring reference of an offence in a paragraph of subsection (1) of that section alleged to have been committed on or after the commencement of this item.
(2) Section 37 of the Bail Act 2005 (Norfolk Island), as amended by this Schedule, applies in relation to the review, under Division 2 of Part 6 of that Act, of a bail decision made before, on or after the commencement of this item.
Sections 107, 116, 117 and 140 of the Court of Petty Sessions Act 1960 (Norfolk Island), as amended by this Schedule, apply in relation to a civil claim in respect of a sum, or matter, made before, on or after the commencement of this item.
Despite the repeal and substitution of paragraphs 113A(3)(b) and 119A(3)(b) of the Criminal Code 2007 (Norfolk Island) by this Schedule at the commencement of this item, subsections 113A(3) and 119A(3) of the Criminal Code 2007 (Norfolk Island), as in force immediately before that commencement, continue to apply in relation to offences alleged to have been committed before that commencement.
(1) The amendments of sections 281 and 282, and the definition of law of Norfolk Island in the Dictionary, of the Criminal Code 2007 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.
(2) The amendment of paragraph 353(2)(c) of the Criminal Code 2007 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.
(1) An authorisation for the purposes of the definition of authorised officer in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) that was in force immediately before the commencement of this item has effect, after the commencement of this item, as if it had been made under paragraph (a) of that definition as amended by this Schedule.
(2) The amendment of the definition of cannabis plant in subsection 3(1) of the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.
(3) The amendment of Part 1 of Schedule 5 to the Dangerous Drugs Act 1927 (Norfolk Island) made by this Schedule applies in relation to acts or omissions on or after the commencement of this item.
The repeal and substitution of section 40 of the Interpretation Act 1979 (Norfolk Island) made by this Schedule applies in relation to a penalty imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.
(1) The amendment of paragraph 5(2)(p) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to the revocation of an order before, on or after the commencement of this item.
(2) The amendments of subsection 8(2) and paragraph 8(3)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt before, on or after the commencement of this item.
(3) The amendments of paragraph 7(l), of subsections 21(1), 101(1), 118(2) and 119(2) and of sections 91 and 168, the repeal and substitution of section 16, and the insertion of sections 16A and 92 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.
(4) The amendments of subsections 39(5) and (7) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence suspended before, on or after the commencement of this item.
(5) The amendments of subsections 90(1), 147(1) and 151(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a sentence imposed before, on or after the commencement of this item.
(6) The insertion of section 93 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a sentence imposed on an offender on or after the commencement of this item, whether the offender is serving a term of imprisonment imposed, or existing non‑parole period fixed, before, on or after the commencement of this item.
(7) The amendment of paragraph 147(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to a parole order made on or after the commencement of this item in relation to a sentence imposed before, on or after the commencement of this item.
(8) The amendment of paragraph 166(2)(a) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule applies in relation to an order made on or after the commencement of this item.
(9) The amendments of subsections 169(1) and (2) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to an increase or decrease that occurs on or after the commencement of this item.
(10) The amendments of section 20 and subsection 170(1) of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a fine imposed on or after the commencement of this item in relation to an offence that is committed before, on or after the commencement of this item.
(11) The amendments of section 171 of the Sentencing Act 2007 (Norfolk Island) made by this Schedule apply in relation to a finding of guilt or conviction before, on or after the commencement of this item.
Section 33A of the Supreme Court Act 1960 (Norfolk Island), as inserted by this Schedule, applies in relation to a sentence passed on or after the commencement of this item.
The amendments of section 40A of the Traffic Act 2010 (Norfolk Island) made by this Schedule apply in relation to acts or omissions on or after the commencement of this item.
Advisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.
(a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and
Bureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.
land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.
repeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.
(a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;
(a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;
(a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and
(a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and
Anything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.
If, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.
Any records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.
then the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.
(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.
(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.
(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:
(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.
(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.
(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.
(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
former Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.
new Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.
(a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:
(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.
(a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;
(b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;
(c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.
Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.
(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.
(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.
Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.
(b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.
(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:
(a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and
(b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and
(d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.
On and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.
commencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.
(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).
(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).
(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.
(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.
(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).
(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.
(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.
A protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an apprehended domestic violence order made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).
Note: An apprehended domestic violence order may be varied or revoked under Division 5 of Part 10 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).
An interim protection order in force under the Domestic Violence Act 1995 (Norfolk Island) immediately before the repeal of that Act by this Schedule has effect after that repeal as if it were an interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).
Note: An interim apprehended domestic violence order made under Part 6 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) may be varied or revoked under Division 5 of Part 10 of that Act.
An application made (and not decided or withdrawn) for a protection order under the Domestic Violence Act 1995 (Norfolk Island) before the repeal of that Act by this Schedule has effect after that repeal as if it were an application made under Part 4 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) for an apprehended domestic violence order.
Note: The application has that effect even if an interim protection order was made before that repeal as a result of the application.
The following continue to have effect despite the repeal of the Domestic Violence Act 1995 (Norfolk Island) by this Schedule:
(a) a direction, that was in force under paragraph 15(1)(b) of that Act immediately before that repeal, to seize and detain a firearm for a period;