CITATION OF LAWS ACT 1995

Act No. 14 of 1995

An Act to amend certain laws with respect to the citation of Norfolk Island laws

[Assented to 24 October 1995]

BE IT ENACTED by the Legislative Assembly of Norfolk Island as follows —

Short title

      1.         This Act may be cited as the Citation of Laws Act 1995.

Commencement

      2.         This Act commences on 1 January 1996.

Interpretation

In this Act, unless the contrary intention appears —

“Commonwealth Act” means an Act passed by the Commonwealth Parliament;

“Ordinance” means an Ordinance made or continued in force under the Norfolk Island Act 1957;

“subordinate law” means an instrument of a legislative nature (including Regulations, rules or by-laws or disallowable instruments) made under an enactment.

Amendments of enactments

      4.         (1)        Each enactment that is an Ordinance, is amended by omitting from its short title “Ordinance” and substituting “Act”.

(2)               Each enactment that contains a reference to the short title of an Ordinance is amended by omitting from that reference “Ordinance” and substituting “Act”.

                  (3)        Each enactment that contains a reference to a particular Ordinance otherwise than by its short title is amended by omitting from that reference “Ordinance” and substituting “Act”.

                  (4)        Each enactment that contains a reference to an Ordinance or Ordinances (not being a reference to a particular Ordinance or Ordinances) is amended by omitting from that reference “Ordinance” or “Ordinances” and substituting “Act” or “Acts” (as the case requires).

                  (5)        Each enactment that contains a reference to the short title of a Commonwealth Act is amended by inserting “of the Commonwealth” after that reference.

                  (6)        Each enactment that contains a reference to a particular Commonwealth Act otherwise than by its short title is amended by inserting “Commonwealth” at the beginning of that reference.

                  (7)        Where an enactment described in any of subsections (2) to (6) contains 2 or more references of the kind described in that subsection, that subsection has effect in relation to each of those references.

Amendments of subordinate laws

      5.         (1)        Each subordinate law that contains a reference to the short title of an Ordinance is amended by omitting from that reference “Ordinance” and substituting “Act”.

                  (2)        Each subordinate law that contains a reference to a particular Ordinance otherwise than by its short title is amended by omitting from that reference “Ordinance” and substituting “Act”.

                  (3)        Each subordinate law that contains a reference to an Ordinance or Ordinances (not being a reference to a particular Ordinance or Ordinances) is amended by omitting from that reference “Ordinance” or “Ordinances” and substituting “Act” or “Acts” (as the case requires).

                  (4)        Each subordinate law that contains a reference to the short title of a Commonwealth Act is amended by inserting “of the Commonwealth” after that reference.

                  (5)        Each subordinate law that contains a reference to a particular Commonwealth Act otherwise than by its short title is amended by inserting “Commonwealth” at the beginning of that reference.

                  (6)        Where a subordinate law described in any of subsections (1) to (5) contains 2 or more references of the kind described in that subsection, that subsection has effect in relation to each of those references.

Corrected references to Commonwealth Acts

      6.         Subsection 4(5) or (6) or 5(4) or (5) does not apply if the provision that would, but for this section, be amended or modified by that subsection already contains in the appropriate place the phrase or word that would be inserted by such an amendment or modification.

Instruments and documents

      7.         An instrument or other document is not invalid merely because it contains an incorrect reference to an Ordinance that has been amended by this Act.

Amendments of the Interpretation Act 1979

      8.         The Interpretation Act 1979 is amended as set out in the Schedule

SCHEDULE

Section 8

Amendment of Interpretation Act 1979

      1.         Subsection 12(2) (definition of "Act")

                              Omit the definition.

      2.         Subsection 12(2)

                  Insert the following definition in its appropriate alphabetical position ¾

“ ‘Commonwealth Act” means an Act passed by the Commonwealth Parliament;”.

Notified Gazette No. 47, 26 October 1995.

Commenced on 1 January 1996.

Printed on the authority of the Administrator.

© Norfolk Island Government 2005

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.