HEARD ISLAND AND McDONALD ISLANDS.

 

No. 36 of 1957.

An Act to amend the Heard Island and McDonald Islands Act 1953.

[Assented to 7th June, 1957.]

[Date of commencement, 5th July, 1957.]

BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1.—(1.) This Act may be cited as the Heard Island and McDonald Islands Act 1957.

(2.) The Heard Island and McDonald Islands Act 1953 is in this Act referred to as the Principal Act.

(3.) The Principal Act, as amended by this Act, may be cited as the Heard Island and McDonald Islands Act 1953–1957.


Supreme Court of Australian Capital Territory to have jurisdiction in Territory.

2. Section nine of the Principal Act is amended—

(a) by omitting the words “the rules of court for the time being in force under that Act” and inserting in their stead the words “the practice and procedure of that Supreme Court for the time being in force”; and

(b) by adding at the end thereof the following sub-section:—

“(2.) For the purposes of the last preceding subsection, a reference in the Australian Capital Territory Supreme Court Act 1933–1957 to an Ordinance shall be deemed to be a reference to an Ordinance in force under this Act.”.

3. After section eleven of the Principal Act the following section is inserted:—

Grant of pardon, remission, &c.

“12.—(1.) The Governor-General, acting with the advice of the Minister, by warrant under his hand, may grant to a person convicted by a court exercising criminal jurisdiction in the Territory a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as he thinks fit, of the execution of sentence, and may remit any fine, penalty or forfeiture imposed or incurred under a law in force in the Territory.

“(2.) 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 may, by warrant under his hand, grant a pardon to any accomplice who gives evidence that leads to the conviction of the principal offender or any of the principal offenders.”.