An Act to provide for the government of Norfolk Island
Part I—Preliminary
1 Short title
This Act may be cited as the Norfolk Island Act 1979.
2 Commencement
(1) Sections 1, 2, 4, 31, 38, 39, 67, 68 and 69 shall come into operation on the day on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.
3 Repeals
The Norfolk Island Act 1957 and the Norfolk Island Act 1963 are repealed.
4 Interpretation
(1) In this Act, unless the contrary intention appears:
Acting Administrator means a person appointed under section 8 to act in the office of Administrator.
Administration means the Administration or government of the Territory.
Administrator means the Administrator of the Territory appointed under this Act and includes a person acting as the Administrator under this Act.
Advisory Council means the Norfolk Island Advisory Council.
Note: See section 12.
Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
Chief Executive Officer has the same meaning as in the Public Service Act 2014 of Norfolk Island.
Chief Justice means the Chief Justice of the Supreme Court.
Commonwealth Finance Minister means the Commonwealth Minister who administers the Public Governance, Performance and Accountability Act 2013.
Commonwealth Finance Minister’s Orders means Orders made under section 48T.
Commonwealth Financial Officer for Norfolk Island means the Commonwealth Financial Officer for Norfolk Island appointed under regulations made for the purposes of section 51D.
Commonwealth Minister means a Minister of State of the Commonwealth.
enactment means:
(a) a section 19A Ordinance; or
(b) an Ordinance continued in force by this Act; or
(c) a Legislative Assembly law continued in force by this Act.
Executive Director means the Executive Director of Norfolk Island.
Note: See section 9.
Federal Court means the Federal Court of Australia.
financial management and accountability provisions means:
(a) the provisions of Divisions 2, 3 and 4 of Part VI; or
(b) regulations made for the purposes of a provision of Division 2 of Part VI; or
(c) the Commonwealth Finance Minister’s Orders.
interim transition time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Legislation Amendment Act 2015.
Judge means a Judge of the Supreme Court (including the Chief Justice).
Legislative Assembly means the Legislative Assembly of Norfolk Island that was in existence before the interim transition time.
Legislative Assembly law means a law (however described or entitled) passed by the Legislative Assembly, and assented to under this Act, before the interim transition time.
member of the Advisory Council includes the Chair of the Advisory Council.
money of a Territory authority means:
(a) money in the custody or under the control of a Territory authority; or
(b) money in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the money;
and includes such money that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.
Norfolk Island Public Service Values means the rules prescribed by regulations made for the purposes of subsection 61A(1).
performance audit has the same meaning as in the Auditor‑General Act 1997.
property of a Territory authority means:
(a) property in the custody or under the control of a Territory authority; or
(b) property in the custody or under the control of any person acting for or on behalf of a Territory authority in respect of the custody or control of the property;
including such property that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.
Public Account of Norfolk Island means the Public Account of Norfolk Island established by subsection 47(1).
public money of the Territory means:
(a) money in the custody or under the control of the Administration; or
(b) money in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the money;
and includes such money that is held on trust for, or otherwise for the benefit of, a person other than the Administration, but does not include money standing to the credit of the Norfolk Island Provident Account established under the Provident Account Act 1958 of Norfolk Island.
public property of the Territory means:
(a) property in the custody or under the control of the Administration; or
(b) property in the custody or under the control of any person acting for or on behalf of the Administration in respect of the custody or control of the property;
including such property that is held on trust for, or otherwise for the benefit of, a person other than the Administration.
responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.
responsible manager, in relation to a Territory authority, means an individual who is responsible for the finances of the Territory authority.
section 19A Ordinance means an Ordinance made under section 19A after the interim transition time.
Supreme Court means the Supreme Court of Norfolk Island referred to in section 52.
Territory means Norfolk Island, that is to say, the Territory of Norfolk Island as described in Schedule 1.
Territory authority means:
(a) a body corporate established for a public purpose by or under an enactment; or
(b) a body, entity, organisation or group of persons specified in the regulations; or
(c) a body corporate in which:
(i) the Administration; or
(ii) a body corporate referred to in paragraph (a); or
(iii) a body, entity, organisation or group of persons referred to in paragraph (b);
has a controlling interest.
For the purposes of this definition, entity has the same meaning as in the Income Tax Assessment Act 1997, but does not include an individual.
(3) A reference in this Act to a law, or to regulations, in force immediately before a particular date shall be read as including a reference to any provisions of the law, or of the regulations, that are not to come into operation until that date or a later date.
Part II—Administration
5 Administrator and Administration
(1) There shall be an Administrator of the Territory, who shall administer the government of the Territory as a Territory under the authority of the Commonwealth.
(2) The Administration is a body politic with perpetual succession by the name of the Administration of Norfolk Island.
(3) Subject to this Act, the Administration of Norfolk Island is capable by that name of:
(a) suing and being sued;
(b) making contracts;
(c) acquiring, holding and disposing of real and personal property; and
(d) doing and suffering all other matters and things a body corporate may do or suffer.
6 Appointment of Administrator
The Administrator shall be appointed by the Governor‑General by Commission and shall hold office during the pleasure of the Governor‑General.
7 Exercise of Administrator’s powers etc.
(1) The Administrator must exercise all powers, and perform all functions, that belong to his or her office, or that are conferred on him or her by or under a law in force in the Territory:
(a) in accordance with the tenor of his or her Commission; and
(b) in accordance with such written directions (if any) as are given to him or her by the responsible Commonwealth Minister.
(2) A direction under paragraph (1)(b) may be of a general or specific nature.
(3) The responsible Commonwealth Minister may, by written notice given to the Administrator, direct that, before the Administrator exercises a specified power or performs a specified function, the Administrator must:
(a) notify the responsible Commonwealth Minister of the Administrator’s intention to exercise that power or perform that function; and
(b) do so at least the specified number of days before exercising that power or performing that function.
7A Delegation by the Administrator
(1) The Administrator may, by writing, delegate any or all of the Administrator’s functions and powers to:
(a) the Executive Director; or
(b) an employee of the Administration; or
(c) a person who holds, or performs the duties of, an office under an enactment; or
(d) an employee of a body corporate established by or under an enactment.
Directions
(2) A delegate must comply with:
(a) any written directions of the Administrator; and
(b) any written directions of the responsible Commonwealth Minister.
(3) A direction under subsection (2) may be of a general or specific nature.
(4) If directions of the Administrator under subsection (2) are inconsistent with directions of the responsible Commonwealth Minister under that subsection, the directions of the responsible Commonwealth Minister prevail, and the directions of the Administrator are, to the extent of the inconsistency, invalid.
(5) For the purposes of subsection (4), directions of the Administrator are taken to be consistent with directions of the responsible Commonwealth Minister to the extent that they are capable of operating concurrently.
(6) The responsible Commonwealth Minister may, by written notice given to a delegate of the Administrator, direct that, before the delegate exercises a specified power or performs a specified function, the delegate must:
(a) notify the responsible Commonwealth Minister of the delegate’s intention to exercise that power or perform that function; and
(b) do so at least the specified number of days before exercising that power or performing that function.
Other matters
(7) If a function or power conferred by a law other than this Act is delegated under subsection (1) of this section, then paragraph 34AB(1)(c), subsections 34AB(2) and (3) and section 34A of the Acts Interpretation Act 1901 apply to the delegation in the same way as they apply to a delegation under subsection (1) of this section of a function or power conferred by this Act.
(8) This section does not, by implication, prevent a power of delegation from being conferred on the Administrator by an enactment.
8 Acting Administrator
(1) The Governor‑General may, by Commission, appoint a person to act in the office of Administrator, and to administer the government of the Territory:
(a) during a vacancy in the office of the Administrator; or
(b) during any period, or during all periods, when the Administrator:
(i) is absent from duty, or from the Territory; or
(ii) is, for any reason, unable to perform the duties of the office.
(1A) While a person so appointed is administering the government of the Territory, he or she has all the powers and functions of the Administrator.
(2) The exercise of the powers and the performance of the functions of the Administrator, by virtue of this section, by a person during the absence of the Administrator from duty or from the Territory does not affect the exercise of any power or the performance of any function by the Administrator.
9 Executive Director
(1) The responsible Commonwealth Minister may, by writing, declare that a specified employee of the Administration is the Executive Director of Norfolk Island.
(2) A declaration under subsection (1) is not a legislative instrument.
10 Employees
(1) The Administrator may, on behalf of the Administration, engage such employees as he or she thinks necessary for the purposes of the government of the Territory.
(2) The terms and conditions of employment (including remuneration) of an employee are such as are determined by the Administrator.
(3) This section does not, by implication, prevent an enactment from conferring a power to engage employees on behalf of the Administration.
(4) This section does not, by implication, limit the powers conferred on the Administrator by section 5.
10A Persons assisting the Administration
The Administration may be assisted:
(a) by employees of Agencies (within the meaning of the Public Service Act 1999); or
(b) by officers and employees of authorities of the Commonwealth;
whose services are made available to the Administration in connection with the government of the Territory.
Part III—Norfolk Island Advisory Council
Division 1—Introduction
11 Simplified outline
The following is a simplified outline of this Part:
• This Part establishes the Norfolk Island Advisory Council.
• The Advisory Council is to advise the Administrator on matters affecting the peace, order and good government of the Territory.
Division 2—Norfolk Island Advisory Council’s establishment and functions
12 Norfolk Island Advisory Council
The Norfolk Island Advisory Council is established by this section.
Note: In this Act, Advisory Council means the Norfolk Island Advisory Council—see subsection 4(1).
13 Functions of the Advisory Council
The Advisory Council has the following functions:
(a) to advise the Administrator on matters affecting the peace, order and good government of the Territory;
(b) to do anything incidental to or conducive to the performance of the above function.
Division 3—Membership of the Advisory Council
14 Membership of the Advisory Council
The Advisory Council consists of the following members:
(a) a Chair;
(b) 4 other members.
14A Appointment of members of the Advisory Council
(1) Each member of the Advisory Council is to be appointed by the responsible Commonwealth Minister by written instrument.
Note: Members of the Advisory Council are eligible for reappointment: see the Acts Interpretation Act 1901.
(2) A member of the Advisory Council holds office on a part‑time basis.
14B Period of appointment for members of the Advisory Council
A member of the Advisory Council holds office for the period specified in the instrument of appointment. The period must not exceed 12 months.
Note: For reappointment, see the Acts Interpretation Act 1901.
14C Acting members of the Advisory Council
Acting Chair of the Advisory Council
(1) The responsible Commonwealth Minister may appoint a person to act as the Chair of the Advisory Council:
(a) during a vacancy in the office of the Chair of the Advisory Council (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair of the Advisory Council:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Acting member of the Advisory Council (other than the Chair of the Advisory Council)
(2) The responsible Commonwealth Minister may appoint a person to act as a member of the Advisory Council (other than the Chair of the Advisory Council):
(a) during a vacancy in the office of a member of the Advisory Council (other than the Chair of the Advisory Council), whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when a member of the Advisory Council (other than the Chair of the Advisory Council):
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901.
Division 4—Terms and conditions for members of the Advisory Council
14D Remuneration
A member of the Advisory Council is to be paid the remuneration and allowances (if any) that are prescribed by a legislative instrument made by the responsible Commonwealth Minister.
14E Disclosure of interests to the responsible Commonwealth Minister
A member of the Advisory Council must give written notice to the responsible Commonwealth Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member’s functions.
14F Resignation
(1) A member of the Advisory Council may resign his or her appointment by giving the responsible Commonwealth Minister a written resignation.
(2) The resignation takes effect on the day it is received by the responsible Commonwealth Minister or, if a later day is specified in the resignation, on that later day.
14G Termination of appointment
The responsible Commonwealth Minister may terminate the appointment of a member of the Advisory Council.
14H Other terms and conditions
A member of the Advisory Council holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the responsible Commonwealth Minister.
Division 5—Other matters
14J Procedures
The responsible Commonwealth Minister may, by legislative instrument, prescribe the procedures to be followed at or in relation to meetings of the Advisory Council, including matters relating to the following:
(a) the convening of meetings of the Advisory Council;
(b) the number of members of the Advisory Council who are to constitute a quorum;
(c) the selection of a member of the Advisory Council to preside at meetings of the Advisory Council in the absence of the Chair;
(d) the manner in which questions arising at a meeting of the Advisory Council are to be decided;
(e) the disclosure by a member of the Advisory Council, at a meeting of the Advisory Council, of an interest (whether pecuniary or otherwise) that the member has in a matter being considered, or about to be considered, by the Advisory Council.
Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.
14K Minutes
The Advisory Council must keep minutes of its meetings.
14L Assistance to the Advisory Council
(1) The Administrator may assist the Advisory Council in the performance of its functions.
(2) The assistance may include the following:
(a) the provision of information;
(b) the provision of advice;
(c) the making available of resources and facilities (including secretariat services and clerical assistance).
14M Obtaining advice
This Part does not, by implication, require the Administrator or any other person to obtain advice from the Advisory Council before:
(a) performing a function; or
(b) exercising a power; or
(c) taking any other action.
Part IV—Legislation
Division 1—Laws
15 Laws in force in the Territory
After the interim transition time, the laws in force in the Territory from time to time are:
(a) Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and
(b) laws made under Acts to the extent that those laws are in force from time to time in, or in relation to, the Territory; and
(c) section 19A Ordinances as in force from time to time; and
(d) laws continued in force by section 16 or 16A (including such a law as amended in accordance with section 17).
16 Continuance of laws in force immediately before 7 August 1979
(1) Notwithstanding the repeal of the Norfolk Island Act 1957 and the Norfolk Island Act 1963, but subject to this Act, all other laws in force immediately before the date of commencement of this section in or in relation to the Territory continue in force.
Note: This section commenced on 7 August 1979.
(2) In this section, laws means Ordinances made under, and laws continued in force by, the Norfolk Island Act 1957 and laws made under such an Ordinance or law.
16A Continuance of certain laws in force immediately before the interim transition time
(1) Subject to this Act, all Legislative Assembly laws that were in force immediately before the interim transition time continue in force.
(2) Subject to this Act, all Ordinances made under this Act that were in force immediately before the interim transition time continue in force.
(3) A reference in this section to a Legislative Assembly law includes a reference to a law made under a Legislative Assembly law.
(4) A reference in this section to an Ordinance made under this Act includes a reference to a law made under such an Ordinance.
(5) This section has effect despite the repeal of sections 19 and 27 by the Norfolk Island Legislation Amendment Act 2015.
17 Amendment and repeal of existing laws
(1) Subject to this Act, a law continued in force by section 16 may be amended or repealed by an enactment or by a law made under an enactment.
(2) A law continued in force by section 16, being an Ordinance, or being a Law made by the Governor of the State of New South Wales before the commencement of the Norfolk Island Act 1913, may not be amended or repealed by a law made under an enactment unless the contrary intention appears in that enactment.
(3) Subject to this Act, a law continued in force by section 16 or 16A may be amended or repealed by a section 19A Ordinance or by a law made under a section 19A Ordinance.
(4) A section 19A Ordinance may suspend the operation of a law continued in force by section 16 or 16A for such period as is specified in the Ordinance.
18 Application of Commonwealth Acts
(1) An Act or a provision of an Act (whether passed before or after the date of commencement of this section) is not, except as otherwise provided by that Act or by any other Act, in force as such in the Territory, unless expressed to extend to the Territory.
(2) An enactment shall not be made so as to affect the application of its own force in, or in relation to, the Territory of an Act or a provision of an Act.
Division 2—Legislative powers of the Governor‑General
19A Governor‑General may make Ordinances
(1) Subject to this Act, the Governor‑General may make Ordinances for the peace, order and good government of the Territory.
(2) An Ordinance made under subsection (1) is a legislative instrument.
Division 3—Inconsistency of laws
29 Inconsistency of Legislative Assembly laws with old Ordinances
(1) Where an enactment made under repealed Division 2 (as in force before the interim transition time) is inconsistent with an Ordinance made by the Governor‑General under repealed section 27 (as in force before the interim transition time), the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid, but an enactment and an Ordinance shall not be taken for the purposes of this subsection to be inconsistent to the extent that they are capable of operating concurrently.
(2) A reference in this section to an enactment or to an Ordinance shall be read as including a reference to a law made under an enactment or under an Ordinance, as the case may be.
30 Inconsistency of section 19A Ordinances with the regulations
(1) If a section 19A Ordinance is inconsistent with the regulations, the regulations prevail, and the section 19A Ordinance is, to the extent of the inconsistency, invalid.
(2) For the purposes of subsection (1), a section 19A Ordinance is taken to be consistent with the regulations to the extent that they are capable of operating concurrently.
(3) A reference in this section to a section 19A Ordinance includes a reference to a law made under a section 19A Ordinance.
Part VI—Finance
Division 1—Public Account of Norfolk Island
47 Public Account of Norfolk Island
(1) All public money of the Territory shall form a fund to be called the Public Account of Norfolk Island and shall, subject to this Part, be available for the purposes of the government of the Territory.
(2) The receipt, expenditure and control of public money of the Territory shall be regulated by enactment.
(3) Where an enactment, other than an enactment to which subsection (5) applies, provides for the raising of revenues, revenues raised by virtue of that enactment shall, subject to subsection (2) and section 48, be available for the purposes of the government of the Territory.
(5) Where an enactment providing for the raising of revenues provides that revenues raised by virtue of the enactment are to be used for a purpose specified in the enactment, a separate account shall be kept in the Public Account of Norfolk Island of all revenues to be used for that purpose by virtue of that enactment and any other enactment to which this subsection applies, and money standing to the credit of that account (including income derived from the investment of that money) shall not be issued or expended (otherwise than by way of investment) except for that purpose.
48 Withdrawals from Public Account of Norfolk Island
(1) The money of the Public Account of Norfolk Island shall not be issued or expended except as authorized by an appropriation made by enactment.
(2) The money of the Public Account of Norfolk Island may be invested in such manner as is provided by enactment.
Division 2—Financial management and accountability
48A Preparation of annual budgets by the Administrator
(1) The Administrator must prepare annual budgets in relation to:
(a) the Administration; and
(b) each Territory authority.
(2) Annual budgets must be prepared in accordance with:
(a) the regulations; and
(b) the Commonwealth Finance Minister’s Orders.
(3) Annual budgets must be prepared within the period ascertained in accordance with:
(a) the regulations; or
(b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.
(4) The Administrator must give a copy of each annual budget to the responsible Commonwealth Minister.
48B Preparation of annual financial statements by the Administrator
(1) As soon as practicable after the end of each financial year, the Administrator must prepare annual financial statements in relation to:
(a) the Administration; and
(b) each Territory authority.
(2) The statements must be prepared in accordance with:
(a) the regulations; and
(b) the Commonwealth Finance Minister’s Orders.
(3) The Administrator must give the statements to the Auditor‑General as soon as practicable after they are prepared.
48C Audit of annual financial statements
(1) As soon as practicable after receiving financial statements under section 48B, the Auditor‑General must examine the statements and prepare an audit report.
(2) Instead of preparing a single report, the Auditor‑General may prepare an initial report and one or more supplementary reports.
(3) The Auditor‑General must give a copy of each report to:
(b) the responsible Commonwealth Minister; and
(c) the Administrator.
(5) As soon as practicable after receiving a copy of a report, the responsible Commonwealth Minister must cause:
(a) a copy of the report; and
(b) a copy of the annual financial statements to which the report relates;
to be tabled in each House of the Parliament.
48D Audit fees for statement audits
(1) If financial statements relating to the Administration are audited as mentioned in section 48C, the Administration is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General.
(2) If financial statements relating to a Territory authority are audited as mentioned in section 48C, the authority is liable to pay audit fees for the audit, based on a scale of fees determined by the Auditor‑General.
(3) Fees are payable within 30 days after issue of a payment claim. Payment claims for instalments may be issued before the audit is completed.
(4) The Auditor‑General, on behalf of the Commonwealth, may recover unpaid fees as a debt in a court of competent jurisdiction.
(5) In the annual report prepared by the Auditor‑General and given to the responsible Minister (within the meaning of the Public Governance, Performance and Accountability Act 2013) under section 46 of that Act for a period, the Auditor‑General must include details of the basis on which the Auditor‑General determined the audit fees that applied during that period.
(6) This section does not authorise the imposition of taxation within the meaning of section 55 of the Constitution.
48E Performance audits
(1) The Auditor‑General may at any time conduct a performance audit of:
(a) the Administration; or
(b) a Territory authority.
(2) As soon as practicable after completing the report of an audit under this section, the Auditor‑General must:
(a) cause a copy of the report to be tabled in each House of the Parliament; and
(b) give a copy of the report to:
(ii) the responsible Commonwealth Minister; and
(iii) the Administrator; and
(c) if the report relates to the Administration—give a copy of the report to the Chief Executive Officer; and
(d) if the report relates to a Territory authority—give a copy of the report to the responsible manager or managers of the authority.
(3) The Auditor‑General may give a copy of, or an extract from, the report to any person (including a Commonwealth Minister) who, or any body that, in the Auditor‑General’s opinion, has a special interest in the report or the content of the extract.
48F Comments on proposed performance audit report
(1) After preparing a proposed report on an audit of the Administration under section 48E, the Auditor‑General must give a copy of the proposed report to the Chief Executive Officer.
(2) After preparing a proposed report on an audit of a Territory authority under section 48E, the Auditor‑General must give a copy of the proposed report to the responsible manager or managers of the authority.
(3) After preparing a proposed report on an audit under section 48E, the Auditor‑General may give a copy of, or an extract from, the proposed report to any person (including the Administrator or a Commonwealth Minister) who, or any body that, in the Auditor‑General’s opinion, has a special interest in the report or the content of the extract.
(4) If the recipient of the proposed report, or the extract from the proposed report, gives written comments to the Auditor‑General within 28 days after receiving the proposed report, or the extract from the proposed report, the Auditor‑General must consider those comments before preparing a final report.
(5) The Auditor‑General must, in the final report, include all written comments received under subsection (4).
48G Audits—application of the Auditor‑General Act 1997
(1) The Auditor‑General Act 1997 extends to Norfolk Island.
(2) The Auditor‑General Act 1997 has effect as if:
(a) a reference in section 24 or 26 of that Act to Division 1 of Part 4 of that Act included a reference to section 48C of this Act; and
(b) a reference in section 23A or 24 of that Act to Division 2 of Part 4 of that Act included a reference to section 48E of this Act; and
(c) a reference in section 30 of that Act to laws of the Commonwealth included a reference to an enactment; and
(e) a reference in section 33 of that Act to the Commonwealth included a reference to the Administration; and
(f) a reference in section 33 of that Act to a corporate Commonwealth entity included a reference to a Territory authority.
(3) Section 37 of the Auditor‑General Act 1997 has effect, in relation to a report that relates to:
(a) the Administration; or
(b) a Territory authority;
as if:
(c) a reference in that section to the Attorney‑General were a reference to the Administrator; and
(d) a reference in that section to the Cabinet included a reference to the Administrator; and
(e) a reference in paragraph (2)(c) or (d) of that section to the Commonwealth included a reference to Norfolk Island; and
(f) a reference in that section to the Crown in right of the Commonwealth included a reference to the Administration; and
(g) a reference in that section to the Prime Minister were a reference to the Administrator; and
(h) a reference in that section to the Finance Minister were a reference to the Administrator; and
(i) a reference in that section to a responsible Minister were a reference to the Administrator.
48H Preparation of periodic financial statements by the Administrator
(1) The Administrator must prepare periodic financial statements in relation to:
(a) the Administration; and
(b) each Territory authority.
(2) The statements must be prepared in accordance with:
(a) the regulations; and
(b) the Commonwealth Finance Minister’s Orders.
(3) The statements must be prepared within the period ascertained in accordance with:
(a) the regulations; or
(b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.
(4) The Administrator must give a copy of the statements to the responsible Commonwealth Minister.
48J Preparation of annual report by Chief Executive Officer
(1) The Chief Executive Officer must, as soon as practicable after the end of each financial year, prepare and give to the Administrator a report on the operations of:
(a) the Administration; and
(b) Territory authorities;
during that year.
(2) The report must be prepared in accordance with:
(a) the regulations; and
(b) the Commonwealth Finance Minister’s Orders.
(5) As soon as practicable after receiving a copy of the report, the Administrator must send a copy of the report to the responsible Commonwealth Minister.
48K Administrator may obtain information from the responsible manager or managers of a Territory authority
Scope
(1) This section applies to a Territory authority if the Administrator believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Administrator by:
(a) section 48A; or
(b) section 48B; or
(c) section 48H; or
(d) regulations made for the purposes of this Part; or
(e) the Commonwealth Finance Minister’s Orders.
Requirement
(2) The Administrator may, by written notice given to the responsible manager or managers of the Territory authority, require the responsible manager or managers to give to the Administrator, within the period and in the manner and form specified in the notice, any such information.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Compliance
(4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so.
48L Chief Executive Officer may obtain information from the responsible manager or managers of a Territory authority
Scope
(1) This section applies to a Territory authority if the Chief Executive Officer believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Chief Executive Officer by:
(a) this Part; or
(b) regulations made for the purposes of this Part; or
(c) the Commonwealth Finance Minister’s Orders.
Requirement
(2) The Chief Executive Officer may, by written notice given to the responsible manager or managers of the Territory authority, require the responsible manager or managers to give to the Chief Executive Officer, within the period and in the manner and form specified in the notice, any such information.
(3) A period specified under subsection (2) must not be shorter than 14 days after the notice is given.
Compliance
(4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so.
48M Promoting efficient, effective and ethical use etc. of Administration resources
(1) The Chief Executive Officer must manage the affairs of the Administration in a way that promotes proper use of the Administration resources for which the Chief Executive Officer is responsible.
(2) In doing so, the Chief Executive Officer must comply with this Act, the regulations, the Commonwealth Finance Minister’s Orders and any other law.
(3) In this section:
proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration.
48N Promoting efficient, effective and ethical use etc. of the resources of Territory authorities
(1) The responsible manager or managers of a Territory authority must manage the affairs of the authority in a way that promotes the proper use of the resources of the authority for which the responsible manager or managers is or are responsible.
(2) In doing so, the responsible manager or managers must comply with this Act, the regulations, the Commonwealth Finance Minister’s Orders and any other law.
(3) In this section:
proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration.
48P Accounts and records of the Administration
(1) The Administrator must ensure that there are prepared and kept accounts and records that properly record and explain the transactions and financial position of the Administration.
(2) The accounts and records must be prepared and kept in accordance with:
(a) the regulations; and
(b) the Commonwealth Finance Minister’s Orders.
(3) The Administrator must ensure that the accounts and records are retained for the period ascertained in accordance with:
(a) the regulations; or
(b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.
48Q Accounts and records of Territory authorities
(1) The responsible manager or managers of a Territory authority must ensure that there are prepared and kept accounts and records that properly record and explain the transactions and financial position of the authority.
(2) The accounts and records must be prepared and kept in accordance with:
(a) the regulations; and
(b) the Commonwealth Finance Minister’s Orders.
(3) The responsible manager or managers of a Territory authority must ensure that the accounts and records are retained for the period ascertained in accordance with:
(a) the regulations; or
(b) if no regulations are in force for the purposes of paragraph (a)—the Commonwealth Finance Minister’s Orders.
48R Regulations about financial management and accountability—Administration
(1) The regulations may make provision in relation to the following matters:
(a) public money of the Territory;
(b) public property of the Territory;
(c) other resources of the Administration.
(2) Regulations made for the purposes of subsection (1) may make provision in relation to the following matters:
(a) the control and management of public money of the Territory;
(b) financial and accounting systems in relation to:
(i) public money of the Territory; or
(ii) public property of the Territory; or
(iii) other resources of the Administration;
(c) the control and management of grants of public money of the Territory;
(d) the control and management of public property of the Territory;
(e) the procurement of property and services by the Administration;
(f) the disposal of public property of the Territory;
(g) the audit of the annual financial statements prepared under section 48B in relation to the Administration.
(3) Regulations made for the purposes of subsection (1) may make provision for ensuring or promoting the following:
(a) the proper use and management of:
(i) public money of the Territory; or
(ii) public property of the Territory; or
(iii) other resources of the Administration;
(b) proper accountability for the use and management of:
(i) public money of the Territory; or
(ii) public property of the Territory; or
(iii) other resources of the Administration.
(4) Regulations made for the purposes of subsection (1) may confer functions or powers on:
(a) the Auditor‑General; or
(c) the Chief Executive Officer; or
(d) the responsible manager or managers of a Territory authority.
(5) Subsections (2), (3) and (4) do not limit subsection (1).
(6) If an enactment is inconsistent with regulations made for the purposes of subsection (1), the enactment has no effect to the extent of the inconsistency.
48S Regulations about financial management and accountability—Territory authorities
(1) The regulations may make provision in relation to the following matters:
(a) money of a Territory authority;
(b) property of a Territory authority;
(c) other resources of a Territory authority.
(2) Regulations made for the purposes of subsection (1) may make provision in relation to the following matters:
(a) the control and management of money of a Territory authority;
(b) financial and accounting systems in relation to:
(i) money of a Territory authority; or
(ii) property of a Territory authority; or
(iii) other resources of a Territory authority;
(c) the control and management of grants of money of a Territory authority;
(d) the control and management of property of a Territory authority;
(e) the procurement of property and services by a Territory authority;
(f) the disposal of property of a Territory authority;
(g) the audit of the annual financial statements prepared under section 48B in relation to a Territory authority.
(3) Regulations made for the purposes of subsection (1) may make provision for ensuring or promoting the following:
(a) the proper use and management of:
(i) money of a Territory authority; or
(ii) property of a Territory authority; or
(iii) other resources of a Territory authority;
(b) proper accountability for the use and management of:
(i) money of a Territory authority; or
(ii) property of a Territory authority; or
(iii) other resources of a Territory authority.
(4) Regulations made for the purposes of subsection (1) may confer functions or powers on:
(a) the Auditor‑General; or
(c) the Chief Executive Officer; or
(d) the responsible manager or managers of a Territory authority.
(5) Subsections (2), (3) and (4) do not limit subsection (1).
(6) If an enactment is inconsistent with regulations made for the purposes of subsection (1), the enactment has no effect to the extent of the inconsistency.
48T Commonwealth Finance Minister’s Orders
(1) The Commonwealth Finance Minister may, by legislative instrument, make Orders:
(a) on any matter on which this Act requires or permits Commonwealth Finance Minister’s Orders to be made; and
(b) on any matter on which regulations may be made for the purposes of:
(i) subsection 48R(1); or
(ii) subsection 48S(1).
(2) An Order cannot create offences or impose penalties.
(3) If an enactment is inconsistent with an Order, the enactment has no effect to the extent of the inconsistency.
Division 3—Borrowing etc.
49 Borrowing from Commonwealth
The Commonwealth Finance Minister may, on behalf of the Commonwealth, out of money appropriated by the Parliament for the purpose, lend money to the Administration or to a Territory authority on such terms and conditions as the Commonwealth Finance Minister, in writing, determines.
50 Borrowings otherwise than from Commonwealth
(1) The Administration or a Territory authority may, with the approval of the Commonwealth Finance Minister:
(a) borrow money otherwise than from the Commonwealth; or
(b) raise money otherwise than by borrowing;
on terms and conditions that are specified in, or consistent with, the approval.
(2) Without limiting the generality of subsection (1), the Administration or a Territory authority may, under that subsection, borrow money, or raise money otherwise than by borrowing, by dealing with securities.
(3) A borrowing of money, or a raising of money otherwise than by borrowing, under subsection (1) may be made, in whole or in part, in a currency other than Australian currency.
(4) An approval may be given under subsection (1) in relation to a particular transaction or in relation to transactions included in a class of transactions.
(5) An approval under subsection (1) shall be given in writing.
(6) In this section, securities includes stocks, debentures, debenture stocks, notes, bonds, promissory notes, bills of exchange and similar instruments or documents.
(7) A reference in this section to dealing with securities includes a reference to:
(a) creating, executing, entering into, drawing, making, accepting, endorsing, issuing, discounting, selling, purchasing or re‑selling securities;
(b) creating, selling, purchasing or re‑selling rights or options in respect of securities; and
(c) entering into agreements or other arrangements relating to securities.
(8) For the purposes of this section:
(a) the issue by the Administration or a Territory authority of an instrument acknowledging a debt in consideration of:
(i) the payment or deposit of money; or
(ii) the provision of credit;
otherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Administration or the Territory authority shall be deemed to be a raising by the Administration or the Territory authority, otherwise than by borrowing, or an amount of money equal to the amount of the money paid or deposited or the value of the credit provided, as the case may be; and
(b) the obtaining of credit by the Administration or a Territory authority otherwise than in relation to a transaction that is in the ordinary course of the day‑to‑day operations of the Administration or the Territory authority shall be deemed to be a raising by the Administration or the Territory authority, otherwise than by borrowing, of an amount of money equal to the value of the credit so obtained.
50A Guarantee of borrowings
(1) The Commonwealth Finance Minister may, on behalf of the Commonwealth, enter into a contract:
(a) guaranteeing the repayment by the Administration of money borrowed under paragraph 50(1)(a) and the payment by the Administration of interest (including any interest on that interest) on money so borrowed; or
(b) guaranteeing the payment by the Administration of such amounts (which may be interest) that the Administration is liable to pay with respect to money raised under paragraph 50(1)(b) as are specified in the contract.
(2) The Commonwealth Finance Minister may, in writing, determine:
(a) that the repayment by the Administration of money borrowed under paragraph 50(1)(a), and the payment by the Administration of interest (including any interest on that interest) on money so borrowed, are guaranteed by the Commonwealth; or
(b) that the payment by the Administration of such money (which may be interest) that the Administration is liable to pay with respect to money raised under paragraph 50(1)(b) as is specified in the determination is guaranteed by the Commonwealth;
and, where the Commonwealth Finance Minister makes such a determination, the repayment of that money and the payment of that interest are, or the payment of that money is, by force of this subsection, guaranteed by the Commonwealth.
(3) A contract may be entered into under subsection (1), and a determination may be made under subsection (2), in relation to a particular transaction or in relation to transactions included in a class of transactions.
(4) A contract entered into under subsection (1) may include either or both of the following provisions:
(a) a provision agreeing, on behalf of the Commonwealth, that proceedings under the contract may be taken in the courts, or a specified court, of a country other than Australia;
(b) a provision waiving, on behalf of the Commonwealth, the immunity of the Commonwealth from suit in the courts, or a specified court, of a country other than Australia in relation to any proceedings that may be taken under the contract.
50B Administration may give security
The Administration may give security for:
(a) the repayment by the Administration of money borrowed by the Administration under section 49 or paragraph 50(1)(a) and the payment by the Administration of interest (including any interest on that interest) on money so borrowed;
(b) the payment by the Administration of amounts (including any interest) that the Administration is liable to pay with respect to money raised by the Administration under paragraph 50(1)(b); or
(c) the payment to the Commonwealth of amounts equal to any amounts that the Commonwealth may become liable to pay under a contract entered into under subsection 50A(1) or a determination made under subsection 50A(2).
50C Borrowings not otherwise permitted
The Administration or a Territory authority shall not borrow money, or raise money otherwise than by borrowing, except in accordance with sections 49 and 50.
50D Delegation by Commonwealth Finance Minister
(1) The Commonwealth Finance Minister may, by written instrument, delegate any of the Commonwealth Finance Minister’s powers or functions under section 50 or 50A to an official (within the meaning of the Public Governance, Performance and Accountability Act 2013) of a non‑corporate Commonwealth entity (within the meaning of that Act).
(2) In exercising powers or functions under a delegation, the official must comply with any directions of the Commonwealth Finance Minister.
Division 4—Commonwealth Ministers to be kept informed
51 Administrator must keep responsible Commonwealth Minister informed
(1) The Administrator must give the responsible Commonwealth Minister such reports, documents and information in relation to the operations of the Administration as the responsible Commonwealth Minister requires.
(2) A report, document or information required under subsection (1) must be relevant to:
(a) this Part; or
(b) regulations made for the purposes of this Part; or
(c) the Commonwealth Finance Minister’s Orders.
(3) The Administrator must comply with requirements under subsection (1) within the time limits set by the responsible Commonwealth Minister.
51A Administrator must keep Commonwealth Finance Minister informed
(1) The Administrator must give the Commonwealth Finance Minister such reports, documents and information in relation to the operations of the Administration as the Commonwealth Finance Minister requires.
(2) A report, document or information required under subsection (1) must be relevant to:
(a) this Part; or
(b) regulations made for the purposes of this Part; or
(c) the Commonwealth Finance Minister’s Orders.
(3) The Administrator must comply with requirements under subsection (1) within the time limits set by the Commonwealth Finance Minister.
51B Responsible manager or managers of Territory authority must keep responsible Commonwealth Minister informed
(1) The responsible manager or managers of a Territory authority must give the responsible Commonwealth Minister such reports, documents and information in relation to the operations of the authority as the responsible Commonwealth Minister requires.
(2) A report, document or information required under subsection (1) must be relevant to:
(a) this Part; or
(b) regulations made for the purposes of this Part; or
(c) the Commonwealth Finance Minister’s Orders.
(3) The responsible manager or managers must comply with requirements under subsection (1) within the time limits set by the responsible Commonwealth Minister.
51C Responsible manager or managers of Territory authority must keep Commonwealth Finance Minister informed
(1) The responsible manager or managers of a Territory authority must give the Commonwealth Finance Minister such reports, documents and information in relation to the operations of the authority as the Commonwealth Finance Minister requires.
(2) A report, document or information required under subsection (1) must be relevant to:
(a) this Part; or
(b) regulations made for the purposes of this Part; or
(c) the Commonwealth Finance Minister’s Orders.
(3) The responsible manager or managers must comply with requirements under subsection (1) within the time limits set by the Commonwealth Finance Minister.
Division 5—Commonwealth Financial Officer for Norfolk Island
51D Commonwealth Financial Officer for Norfolk Island
(1) The regulations may provide that there is to be a Commonwealth Financial Officer for Norfolk Island.
(2) If the regulations do so, the regulations must provide that the Commonwealth Financial Officer for Norfolk Island is to:
(a) be appointed by the Governor‑General; and
(b) hold office during the pleasure of the Governor‑General.
(3) The regulations may:
(a) provide that the Commonwealth Financial Officer for Norfolk Island is entitled at all reasonable times to full and free access to all accounts, records, documents and papers relating directly or indirectly to:
(i) the receipt or payment of money by the Administration or a Territory authority; or
(ii) the acquisition, receipt, custody or disposal of assets by the Administration or a Territory authority; and
(b) provide that the Commonwealth Financial Officer for Norfolk Island is entitled to make copies of, or take extracts from, any such accounts, records, documents or papers.
(4) If an enactment is inconsistent with regulations made for the purposes of subsection (3), the enactment has no effect to the extent of the inconsistency.
(5) Regulations made for the purposes of subsection 48R(1) or 48S(1) may confer functions and powers on the Commonwealth Financial Officer for Norfolk Island.
Division 6—Injunctions
51E Injunctions—enforcement of financial management and accountability provisions
Restraining injunctions
(1) If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of any of the financial management and accountability provisions, the Federal Court may, on the application of the responsible Commonwealth Minister, grant an injunction:
(a) restraining the person from engaging in the conduct; and
(b) if, in the Court’s opinion, it is desirable to do so—requiring the person to do something.
Performance injunctions
(2) If:
(a) a person has refused or failed, or is refusing or failing, or is proposing to refuse or fail, to do an act or thing; and
(b) the refusal or failure was, is or would be a contravention of any of the financial management and accountability provisions;
the Federal Court may, on the application of the responsible Commonwealth Minister, grant an injunction requiring the person to do that act or thing.
Grant of interim injunction
(3) If an application is made to the Federal Court for an injunction under subsection (1), the Court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that subsection.
No undertakings as to damages
(4) The Federal Court is not to require an applicant for an injunction under subsection (1), as a condition of granting an interim injunction, to give any undertakings as to damages.
Discharge or variation of injunctions
(5) The Federal Court may discharge or vary an injunction granted under this section.
Certain limits on granting injunctions not to apply
(6) The power of the Federal Court under this section to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised:
(a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or
(b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind.
(7) The power of the Federal Court under this section to grant an injunction requiring a person to do an act or thing may be exercised:
(a) if the Court is satisfied that the person has refused or failed to do that act or thing—whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; or
(b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will refuse or fail to do that act or thing—whether or not the person has previously refused or failed to do that act or thing and whether or not there is an imminent danger of substantial damage to any person if the person refuses or fails to do that act or thing.
Other powers of the Federal Court unaffected
(8) The powers conferred on the Federal Court under this section are in addition to, and not instead of, any other powers of the Court, whether conferred by this Act or otherwise.
Part VII—The Judicial System
52 Constitution of Supreme Court
(1) The Supreme Court of Norfolk Island established by the Norfolk Island Act 1957 continues in existence, notwithstanding the repeal of that Act, as the Superior Court of Record of the Territory.
(2) The Supreme Court shall consist of a Chief Justice and such other Judge as is, or such other Judges as are, appointed in accordance with this Act.
53 Appointment of Judges
(1) The Governor‑General may, by Commission, appoint a person who, or persons each of whom, is a Judge of another court created by the Parliament to be a Judge or Judges of the Supreme Court.
(1A) The Governor‑General may, by Commission, appoint a person who is a Judge of another court created by the Parliament to be the Chief Justice of the Supreme Court.
(3) A person shall not be appointed:
(a) as a Judge under subsection (1); or
(b) as the Chief Justice under subsection (1A), whether or not he or she already holds office as a Judge;
if he or she has attained the age of 70 years.
(4) A Judge ceases to hold office as a Judge upon his or her attaining the age of 70 years.
(5) A Judge ceases to hold office as a Judge if he or she no longer holds office as a Judge of another court created by the Parliament.
(6) A Judge may resign his or her office by writing under his or her hand delivered to the Governor‑General.
53A Acting Chief Justice
Whenever:
(a) the Chief Justice is absent from Australia or is absent from duty; or
(b) there is a vacancy in the office of Chief Justice;
the next senior Judge who is in Australia and is able and willing to do so shall perform the duties, and may exercise the powers, of the Chief Justice.
54 Seniority of Judges
The Chief Justice is the senior Judge of the Supreme Court and the other Judges have seniority according to the dates on which their Commissions took effect or, where the Commissions of 2 or more of them took effect on the same date, according to the precedence assigned to them by their Commissions.
55 Holding of other judicial offices
A person may be a Judge of the Supreme Court notwithstanding that he or she is also a Judge of another court created by the Parliament, or is also the holder of a judicial office in relation to a Territory other than Norfolk Island, by virtue of an appointment made either before or after his or her appointment as a Judge of the Supreme Court.
56 Salaries and travelling allowances
(1) A Judge shall be remunerated with the salary and annual allowance that he or she receives as a Judge of the other court, or other courts of which he or she is a Judge.
(2) A Judge shall be paid such travelling allowances as the Governor‑General approves.
57 Oath or affirmation of Judge
A Judge appointed after the commencement of this section shall, before proceeding to discharge the duties of his or her office, take before the Governor‑General, a Judge of the Supreme Court or of another court created by the Parliament, or a person authorized by the Governor‑General for the purpose, an oath or affirmation in accordance with the form in Schedule 4.
58 Exercise of jurisdiction
(1) The jurisdiction of the Supreme Court is exercisable by one Judge, sitting in Court or, to the extent and in the cases provided by or under enactment, sitting in Chambers.
(2) The Chief Justice is responsible for ensuring the orderly and expeditious discharge of the business of the Supreme Court and accordingly may, subject to this Act and to such consultation with the Judges as is appropriate and practicable, make arrangements as to the Judge or Judges who is or are to constitute the Supreme Court in particular matters or classes of matters.
(3) The Supreme Court constituted by one Judge may sit and exercise the jurisdiction of the Court notwithstanding that the Court constituted by another Judge is at the same time sitting and exercising the jurisdiction of the Court.
(4) The exercise of the jurisdiction of the Supreme Court by a Judge is not invalidated and shall not be called in question on the ground that it is not in accordance with arrangements made in pursuance of this section.
59 Jurisdiction of Supreme Court
Subject to regulations referred to in paragraph 67(1)(a), the jurisdiction, practice and procedure of the Supreme Court shall be as provided by or under enactment.
60 Establishment of courts and tribunals
Courts and tribunals for the Territory may be established by or under enactment.
Part VIII—Miscellaneous
61 Appointment of officers
(1) Despite the Public Service Act 1999, a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.
(2) This section does not prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.
61A Norfolk Island Public Service Values
(1) The regulations may prescribe rules, to be known as the Norfolk Island Public Service Values.
(2) A person appointed or employed under:
(a) a law of the Territory mentioned in subsection 61(1); or
(b) section 10;
must at all times behave in a way that upholds the Norfolk Island Public Service Values.
62 Disposal of land
(1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an enactment under which:
(a) land in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or
(b) instruments, receipts and other documents in relation to any such land may be executed; or
(c) rights, duties and liabilities in relation to any such land are or may be acquired, conferred or imposed.
(2) An enactment referred to in subsection (1) which provides for the acquisition of land must provide that such land must not be acquired otherwise than on just terms.
64 Customs duty on certain goods
(1) Duties of customs are not chargeable on goods imported into Australia from the Territory if the goods:
(a) are the produce or manufacture of the Territory; and
(b) have been shipped in the Territory for export to Australia; and
(c) are not goods which, if manufactured or produced in Australia, would be subject to a duty of excise.
(2) In this section:
Australia does not include Norfolk Island.
66 Grant of pardon, remission etc.
(1) The Governor‑General, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant to a person convicted by a court of the Territory exercising criminal jurisdiction a pardon, either free or conditional, or a remission or commutation of sentence, or a respite, for such period as he or she thinks fit, of the execution of sentence, and may remit any fines, penalties and forfeitures imposed or incurred under a law in force in the Territory.
(2) Without limiting the powers of the Governor‑General under subsection (1), provision may be made by enactment for the remission, for good conduct, of part of the sentence of a person serving a sentence of imprisonment in the Territory.
(3) 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, acting with the advice of the Attorney‑General, may, by warrant under his or her hand, grant a pardon to an accomplice who gives evidence that leads to the conviction of the principal offender, or of any of the principal offenders.
67 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular:
(a) making provision for and in relation to sittings of the Supreme Court in a State or in a Territory other than Norfolk Island for the purpose of hearing and determining a matter, otherwise than in the exercise of its criminal jurisdiction, if a Judge is satisfied that the hearing of the matter outside the Territory is not contrary to the interests of justice; and
(b) prescribing penalties, not exceeding a fine of $500 or imprisonment for 3 months, for offences against the regulations.
Part IX—Transitional provisions that commenced in 1979
68 Interpretation
In this Part, unless the contrary intention appears:
commencing date means the date fixed under subsection 2(2).
previous Act means the Norfolk Island Act 1957.
69 Election of Legislative Assembly
(1) The powers of the Governor‑General under the previous Act to make Ordinances extend to the making of an Ordinance before the commencing date for the purposes of subsection 31(3) and with respect to matters relating to the Legislative Assembly.
(2) An election for the purposes of subsection 31(3) shall not be held before 1 July 1979.
(3) The writ for an election for the purposes of subsection 31(3) to be held before the commencing date shall be issued by the Administrator.
(4) In subsection (3), Administrator has the same meaning as in the previous Act.
70 Administrator etc. to continue in office
(1) Where, immediately before the commencing date, a person holds office by virtue of a provision of the previous Act as the Administrator, an Acting Administrator, the Deputy Administrator, or a Judge, he or she continues, subject to this Act, to hold office for the remainder of his or her term of office as if he or she had been appointed under the corresponding provision of this Act, and any instrument by which his or her appointment was made continues in force accordingly.
(2) Sections 10 and 57 do not apply for the purposes of the continuance in office of a person by virtue of subsection (1) of this section.
71 Proposed Ordinances and regulations
Where, before the commencing date:
(a) a proposed Ordinance was, under section 16 of the previous Act, furnished to the Norfolk Island Council for its consideration; and
(b) the proposed Ordinance, or the proposed Ordinance as amended, was not made under subsection (3) or (4) of that section;
then, whether or not representations were made by the Council in relation to the proposed Ordinance under that section, a copy of the proposed Ordinance shall, as soon as practicable after the commencing date, be laid before the Legislative Assembly at a meeting of the Assembly, and, upon its being so laid before the Assembly, this Act has effect in relation to the proposed Ordinance as if it were a law introduced into the Legislative Assembly under section 26 of this Act.
72 Laying of Ordinances before the Parliament
In relation to an Ordinance made under the previous Act, section 17 of that Act continues to apply, by force of this section, on and after the commencing date as if that section had not been repealed and as if the reference in subsection (5) to the making of an Ordinance were a reference to the making of an enactment under this Act.
73 Validity of Ordinances and enactments
An Ordinance made under the previous Act and an enactment made in pursuance of section 71 of this Act is as valid and effectual as if it had been made, or wholly made, as the case may be, under Part IV of this Act.
74 Contracts and agreements
(1) This section applies to:
(a) rights and liabilities of the Commonwealth subsisting immediately before the commencing date by virtue of a contract or agreement entered into on behalf of the Commonwealth by the Administrator of Norfolk Island or the Administration of Norfolk Island (however described);
(b) rights and liabilities of the corporation referred to in subsection 17(3) of the Public Moneys Ordinance 1964 of Norfolk Island, being rights and liabilities subsisting immediately before the commencing date arising out of the investment of any moneys in pursuance of section 17 of that Ordinance; and
(c) rights and liabilities (other than rights and liabilities referred to in paragraph (a) or (b)) of the Commonwealth, the Administrator of Norfolk Island or the Administration of Norfolk Island subsisting immediately before the commencing date by virtue of any contract or agreement entered into or purporting to be entered into by the Administrator of Norfolk Island or the Administration of Norfolk Island (however described).
(2) All rights and liabilities to which this section applies become, on the commencing date, rights and liabilities of the Administration of Norfolk Island.
75 Public Account of Norfolk Island
All moneys that were, immediately before the commencing date, standing to the credit of the Public Account of Norfolk Island kept in accordance with section 6 of the Public Moneys Ordinance 1964 of Norfolk Island become, on that date, moneys standing to the credit of the Public Account of Norfolk Island established by this Act.
76 Audit
The reference in section 63 to the accounts of the Territory shall be read as including a reference to accounts prepared before the commencing date and to accounts prepared on or after the commencing date in respect of any period before the commencing date.
77 Regulations
(1) The regulations may make provision (including provision by way of modifications and adaptations of any Act) for and in relation to any matter arising from, consequential upon or otherwise connected with the establishment of the Administration of Norfolk Island as a body politic.
(2) The power to make regulations by virtue of subsection (1) extends to the making of regulations expressed to take effect on and from a date earlier than the date of the making of the regulations, not being a date earlier than the commencing date.
(3) Regulations shall not be made by virtue of this section after
30 June 1980.
