STATUTORY RULES

1968 No.

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REGULATIONS UNDER THE NORFOLK ISLAND ACT 1957-1966.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Norfolk Island Act 1957-1966.

Dated this fourth day of April, 1968.

CASEY

Governor-General.

By His Excellency’s Command,

Signature of Minister of State for Territories

Minister of State for Territories.

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NORFOLK ISLAND (SITTINGS OF THE SUPREME COURT) REGULATIONS

Citation.

1. These Regulations may be cited as the Norfolk Island (Sittings of the Supreme Court) Regulations.

Repeal.

2. The Norfolk Island (Sittings of the Supreme Court) Regulations (being Statutory Rules 1962, No. 94) are repealed.

Sittings of the Supreme Court outside Norfolk Island.

3.—(1.) The Supreme Court may sit in the State of New South Wales, the State of Victoria or the Australian Capital Territory for the purpose of hearing and determining a matter, otherwise than in the exercise of its criminal jurisdiction, if the senior Judge is satisfied that the hearing of the matter outside Norfolk Island is not contrary to the interests of justice.

(2.) Sittings of the Supreme Court outside Norfolk Island may be held at such places in the State of New South Wales, the State of Victoria or the Australian Capital Territory, and at such times, as a Judge thinks fit.

(3.) Subject to sub-regulation (1.) of this regulation, where the senior Judge is satisfied that a matter pending in the Supreme Court other than in the exercise of its criminal jurisdiction is a matter the hearing of which, or the continuation of the hearing of which, at a sittings of the Supreme Court at a place outside Norfolk Island is not contrary to the interests of justice—

(a) the Supreme Court may, at any time, when the matter is before the court for hearing at a sittings of the court on Norfolk Island, order that the hearing of the matter be adjourned and be continued at a sittings of the court to be held at some place outside Norfolk Island specified in the order; or

 

* Notified in the Commonwealth Gazette on  1968.

3281/66.—Price 5c 9/22.1.1968


(b) a Judge may, at any time when the matter is not before the court for hearing, order that the matter be heard or continued at a sittings of the court to be held at a place outside Norfolk Island specified in the order, and may also revoke any order previously made by the court or a Judge, whether under these Regulations or otherwise, with respect to the hearing or continuation of the hearing of the matter at a sittings of the court on Norfolk Island.

(4.) Where a matter is before the Supreme Court for hearing at a sittings of the court at a place outside Norfolk Island, the court may order that the hearing of the matter be adjourned and be continued at a sittings of the court to be held—

(a) at that place or at another place outside Norfolk Island; or

(b) on Norfolk Island.

(5.) Where the Supreme Court or a Judge has, under these Regulations, ordered that a matter be heard or continued at a sittings of the court to be held at a place outside Norfolk Island, a Judge may, at any time when the matter is not before the court for hearing, revoke that order and order that the matter be heard or continued at a sittings of the court to be held at another place outside Norfolk Island or on Norfolk Island.

(6.) Where the Supreme Court or a Judge makes an order under these Regulations relating to the hearing of a matter, the court or the Judge may give directions concerning the service of a copy of the order upon the parties to the matter other than the party at whose instance the order is made.

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By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra