ENACTMENTS REPRINTING ACT 1980

 [Consolidated as at 29 December 2012

 on the authority of the Administrator

 and in accordance with

 the Enactments Reprinting Act 1980]

TABLE OF PROVISIONS

 1. Short title

 2. Commencement

 3. Interpretation

 4. Commissioner for Enactment Reprinting

 5. Deputy Commissioner for Enactment Reprinting

 6. Reprinting of enactments

 7. Incorporation of amendments

 7A. Remade or replaced enactment or provision

 7B. Replacement of body, etc

 8. Corrections, etc in reprinted enactments

 9. Uniformity of form of enactments

 10. No alteration of substance

 11. Alterations, etc deemed made by amending Act

 12. Reprinted enactment to state date of reprint, etc

 13. Judicial notice of reprinted enactments

  . . . .

 16. Repeal

Enactments Reprinting Act 1980

 An Act to authorise the reprinting of the laws of Norfolk Island

Short title

 1. This Act may be cited as the Enactments Reprinting Act 1980.

Commencement

 2. This Act shall come into operation on a date fixed by the Administrator by notice published in the Gazette.

Interpretation

 3. In this Act, unless a contrary intention appears —

“enactment” means an enactment as defined by subsection 4(1) of the Norfolk Island Act 1979, and includes a law continued in force by subsection 16(1) of that Act and a rule, regulation, bylaw or other instrument made under an enactment as so defined or a law so continued in force;

“made” or “make” includes enacted or re-enacted, and enact or re-enact;

“reprint” of an enactment includes a reproduction of the enactment in electronic form;

“reprint date” of a reprint means the day specified in the reprint as the reprint date;

“the Commissioner” means the person appointed under section 4 to be the Commissioner for Enactment Reprinting;

“word” includes Part, Division, Subdivision, heading, section, subsection, paragraph, subparagraph, clause, subclause and Schedule.

Commissioner for Enactment Reprinting

 4. The Administrator may appoint a person suitably qualified in law to be the Commissioner for Enactment Reprinting.

Deputy Commissioner for Enactment Reprinting

 5. (1) The Administrator may appoint a person suitably qualified in law to be the Deputy Commissioner for Enactment Reprinting.

  (2) In the —

(a) absence; or

(b) inability to act, for any reason,

of the Commissioner the Deputy Commissioner for Enactment Reprinting shall have and may exercise all the powers of the Commissioner under this Act.  

Reprinting of enactments

 6. (1) The Commissioner may, in accordance with this Act, cause an enactment to be reprinted.

 (2) An enactment reprinted in accordance with this Act   —

(a) without any change; or

(b)               with corrections or other changes that are not changes to its substance; and/or

(c)                as a consolidated enactment that includes amendments made by another enactment,

is a reprinted enactment.

Incorporation of amendments

 7. (1) When an enactment has, before or after the commencement of this Act, been amended by another enactment by —

(a) the repeal or omission of a word, figure or symbol; or

(b) the substitution of a word, figure or symbol in lieu of a repealed or omitted word, figure or symbol; or

(c) the insertion or addition of a word, figure or symbol,

the Commissioner shall reprint the enactment as so amended.

  (2) Where, in accordance with subsection 7(1) a reprint of an enactment incorporates an amendment, reference shall be made by way of a footnote, endnote or marginal note to the enactment by which the amendment was made.

Remade or replaced enactment or provision

 7A. (1) A reference to an enactment that has been repealed and remade (with or without modification) or replaced since the reference was made may be given using the enactment as remade or replaced.

Example:  the Public Service Act is repealed and replaced by the Public Sector Management Act

  (2) A reference to an enactment, part of which has been repealed and remade (with or without modification) in another enactment since the reference was made, may be given using the first enactment and the other enactment.

  (3) A reference to a provision of an enactment that has been omitted and remade (with or without modification and whether in the law or another enactment) may be given using the provision as remade.

  (4) If an enactment provides that reference to an enactment or provision of an enactment (the “first enactment”) is a reference to another enactment or provision of the first enactment or another enactment (the “second enactment”), the first enactment is taken to have been replaced by the second enactment in all appropriate contexts.

Replacement of body, etc

 7B. (1) If  —

(a) reference is made in an enactment to a body, office, person, place or other thing (the “first thing”); and

(b) the first thing has been replaced, either generally or in a relevant respect, by another body, office, person, place or other thing (the “second thing”);

the reference may be given using the second thing.

Example: the Chief Administrative Officer is replaced by the Chief Executive Officer.

  (2) If an enactment provides that reference to a body, office, person, place or other thing (the “first thing”) is a reference to another body, office, person, place or other thing (the “second thing”), the first thing is taken to have been replaced by the second thing in all appropriate contexts.

 (3) Notwithstanding the generality of the previous subsections, this section applies to the substitution in all enactments of the changes effected to the title of members of the executive council of Norfolk Island and to references to a Minister, being a Minister of the Commonwealth, by the Territories Law Reform Act 2010 (Commonwealth) and as given effect by the Interpretation Act (Amendment) Act 2012.

Corrections, etc in reprinted enactments

 8. The Commissioner may, when preparing an enactment for reprinting —

(a) correct a name, style, title or citation of a place, person, authority or enactment which has been changed pursuant to an enactment or other law; and

(b) express in figures an amount, number, date or other matter previously expressed in words where it is convenient and unambiguous to do so; and

(c) correct a marginal note or headnote, or, where there is no marginal note or headnote, add a marginal note or headnote, to accord with the true effect of the section; and

(d) correct errors in spelling and punctuation; and

(e) correct an error in the numbering or designation of a Part, Division, Subdivision, section, subsection, paragraph, subparagraph or Schedule or Part of a Schedule; and

(f) convert references to amounts of money expressed in currency other than decimal currency into the corresponding amounts expressed in decimal currency calculated on the basis of the equivalents specified in the Currency Act 1965 of the Commonwealth; and

(fa) amend a reference to the King or Queen, however expressed, to a reference to the reigning monarch; and

(g) alter the form of an enactment to give effect to the requirement of section 9.

  (2) The Commissioner may, when preparing an enactment for reprinting, omit —

(a) the words enacting the enactment;

(b) the date of the making of the enactment;

(c) the signature of the person making the enactment;

(d) the signature of the Minister or Commonwealth Minister authenticating the signature of the person making the enactment; and

(e) the words indicating the giving of assent.

Uniformity of form of enactments

 9. The Commissioner may, when preparing an enactment for reprinting, make such alterations to an enactment as he considers necessary for achieving uniformity of style in respect of —

(a) numbering; and

(b) the designation of the provisions or formal parts of enactments; and

(c) the use of capital letters and italics; and

(d) the setting out of the provisions of enactments generally.

No alteration of substance

 10. The Commissioner shall not make a correction or alteration under section 7A, 7B, 8 or 9 that would have the effect of altering or modifying the substance, effect or operation of an enactment.

Alterations, etc deemed made by amending Act

 11. Where an enactment is reprinted in accordance with this Act with a correction or alteration permitted by section 7A, 7B, 8 or 9 the enactment shall have effect as if that correction or alteration had been made to the enactment by an enactment enacted by the Legislative Assembly which had been duly assented to.

Reprinted enactment to state date of reprint, etc

 12. An enactment reprinted in accordance with this Act shall have printed on it —

(a) a note showing the date on which it was reprinted; and

(b) the date when the original enactment had effect.

Judicial notice of reprinted enactments

 13. Where an enactment purports on its face —

(a) to have been reprinted in accordance with this Act on a certain date; and

(b) to have been so printed —

(i) on the authority of the Administrator; or

(ii) by the Administration printer,

all Courts and persons acting in a judicial capacity shall take judicial notice —

(c) of the fact that the Act was reprinted in accordance with this Act;  and

(d) the date on which it was so printed.

. . . .

Repeal

 16. The —

(a) Amendments Incorporation Act 1929; and

(b) Amendments Incorporation Act 1933; and

(c) Amendments Incorporation Act 1963,

are repealed.

NOTES

The Enactments Reprinting Act 1980 as shown in this consolidation comprises Act No. 22 of 1981 and amendments as indicated in the Tables below.

Table of Amendments

© Norfolk Island Government 2012

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.