Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the law relating to Norfolk Island, and for related purposes
Administered by: Infrastructure, Transport, Regional Development and Communications
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 14 May 2020
Introduced HR 13 May 2020
Table of contents.

2019‑2020

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

Norfolk Island Amendment (Supreme Court) Bill 2020

 

No.      , 2020

 

(Infrastructure, Transport, Regional Development and Communications)

 

 

 

A Bill for an Act to amend the law relating to Norfolk Island, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedules............................................................................................ 2

Schedule 1—Amendments                                                                                                3

Part 1—Amendments                                                                                                    3

Norfolk Island Act 1979                                                                                             3

Part 2—Application of amendments                                                                     5

 

 


A Bill for an Act to amend the law relating to Norfolk Island, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act is the Norfolk Island Amendment (Supreme Court) Act 2020.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this Act

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

                   Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Amendments

Part 1Amendments

Norfolk Island Act 1979

1  Subsection 4(1) (definition of host jurisdiction)

Repeal the definition, substitute:

host jurisdiction means any of the following:

                     (a)  a State;

                     (b)  the Australian Capital Territory;

                     (c)  the Northern Territory.

2  Section 56

Repeal the section, substitute:

56  Salary and allowances of Judges

                   A Judge is to be remunerated with the salary, annual allowances and travelling allowances that the Judge receives as a Judge of the other court, or other courts, of which he or she is a Judge.

3  Subsection 60B(1)

Repeal the subsection, substitute:

             (1)  The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Subdivision relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s criminal jurisdiction.

4  Subsection 60B(3)

Repeal the subsection.

5  Subsection 60P(1)

Repeal the subsection, substitute:

             (1)  The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Division relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s jurisdiction in civil matters.

6  Subsection 60P(3)

Repeal the subsection.

7  Subsection 60Q(6)

Repeal the subsection.

Part 2Application of amendments

8  Travelling allowances of Judges

            The amendment of section 56 of the Norfolk Island Act 1979 made by this Schedule has no effect to the extent (if any) that the amendment would otherwise operate to diminish the remuneration of a Judge during the Judge’s continuance in office.

9  Arrangements with host jurisdictions

(1)       Despite the repeal of subsection 60B(1) of the Norfolk Island Act 1979 by this Schedule, a reference to an arrangement in Subdivision B of Division 1 of Part VIIA of that Act is taken to include a reference to an arrangement that was entered into under that subsection before that repeal and that remains in force.

(2)       Despite the repeal of subsection 60P(1) of the Norfolk Island Act 1979 by this Schedule, a reference to an arrangement in Division 2 of Part VIIA of that Act is taken to include a reference to an arrangement that was entered into under that subsection before that repeal and that remains in force.