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Executive Powers (Removal of Doubt) Act 2001 (NI)

  • Other - C2015Q00130
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Act No. 2 of 2001
Other document - Other as made
This is an Act of the previous Norfolk Island Legislative Assembly that was continued in force under s16 and 16A of the Norfolk Island Act 1979.
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 07 Dec 2015

 

NORFOLK                            ISLAND

 

 

 

EXECUTIVE POWERS (REMOVAL OF DOUBT) ACT 2001

 

[Consolidated as at 24 January 2014

on the authority of the Administrator

and in accordance with

the Enactments Reprinting Act 1980]

 

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TABLE OF PROVISIONS

 

Section

 

         1.      Short title

         2.      Commencement

         3.      Interpretation

         4.      Application of this Act

         5.      Validation of executive actions


 

NORFOLK                            ISLAND

 

 

Executive Powers (Removal of Doubt) Act 2001

Ekseketiw Pauwa (F’ Tekwieh Eni Daut) Aekt 2001

 

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An Act to remove doubt from, and to validate matters incidental to, or consequential on, the execution of executive authority in certain circumstances and for related purposes.

 

Wan Bil f’wan Aekt f’ miek intu lor wathenaewa wan ‘Semble Ekseketiw bin disaid en laan en duu baut eni patikla thing, en f’ giw ‘Semble saport en athohreti f’ goehed en duu wathenaewa aels haew’duu iin rilieshan t’daa patikla maeta soe el mieket haepn.

 

 

Short title

      1.         This Act may be cited as the Executive Powers (Removal of Doubt) Act 2001.

Commencement

      2.         This Act shall commence on the day on which notification of assent to this Act is published in the Gazette.

Interpretation

      3.         In this Act –

“act” when used in the context of an action, means any exercise of authority, determination, appointment, delegation, or any other thing whatsoever which may be done, made, or performed by a person holding executive office and in the capacity of an Minister;

“disqualification” means any circumstance referred to in section 13 of the Norfolk Island Act 1979 leading to disqualification from office or the vacation of an office; 

“Minister” has the same meaning as that contained in the Norfolk Island Act 1979;

“law” means any Act, ordinance, regulation, delegated or subordinate legislation, however described or amended, in force in the territory of Norfolk Island, but does not include an Act of the Commonwealth of Australia.

Norfolk Island Act 1979” means the Act by the same name of the Commonwealth of Australia.

 

 


Application of this Act

      4.         This Act shall apply in respect of any act in pursuance of the execution of executive authority arising from any law made within the Territory of Norfolk Island.

Validation of executive actions

      5.         (1)        Any act purported to be done or performed by Adrian George Hingston Cook Q.C. prior to the commencement of this Act, incidental to or consequential on the exercise of the authority of his office as an Minister shall not be invalid by reason of the Minister having vacated that office as a result of any disqualification from appointment to or continuation in that office at any time.

                  (2)        An act performed or done in circumstances outlined in subsection 5(1) shall be deemed to have been a valid act.

 

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NOTES

The Executive Powers (Removal of Doubt) Act 2001 as shown in this consolidation comprises Act No. 2 of 2001 and amendments as indicated in the Tables below.

Enactment

Number and year

Date of commencement

Application saving or transitional provision

Executive Powers (Removal of Doubt) Act 2001

2, 2001

9.2.01

 

Interpretation (Amendment) Act 2012 [to substitute throughout —Commonwealth Minister for Minister; and to substitute Minister for executive member]

14, 2012

28.12.12

 

 

 

 

 

 

 

Table of Amendments

 

ad =    added or inserted

am = amended

rep = repealed

rs =      repealed and substituted

 

Provisions affected            How affected

 

3

am

14, 2012

5

am

14, 2012

 

© Norfolk Island Government 2014

 

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.