Norfolk Island Legislation Amendment Act 2015 (59 of 2015)

Schedule 2   Final arrangements etc.

Part 1   Amendments

Division 1   Amendment of the Norfolk Island Act 1979

Norfolk Island Act 1979

27   At the end of Division 1 of Part IV

Add:

18A Application of New South Wales laws

(1) Subject to this section and section 18B, the provisions of the law of New South Wales (whether made before or after the final transition time), as in force in New South Wales from time to time, are in force in the Territory.

(2) To the extent that a law is in force in the Territory under subsection (1), it may be incorporated, amended or repealed by a section 19A Ordinance or a law made under a section 19A Ordinance.

(3) A section 19A Ordinance may suspend the operation in the Territory of a law in force in the Territory under subsection (1) for such period as is specified in the Ordinance.

(4) To the extent that a law is in force in the Territory under subsection (1), it has no effect to the extent that it is inconsistent with:

(a) the Constitution; or

(b) an Act; or

(c) an enactment.

(5) For the purposes of subsection (4), a law is taken to be consistent with:

(a) an Act; or

(b) an enactment;

to the extent that the law is capable of operating concurrently with it.

(6) In this section:

provision of the law of New South Wales :

(a) includes a principle or rule of common law or equity that is part of the law of New South Wales; and

(b) does not include an Act or a provision of an Act.

18B Powers and functions under the applied New South Wales laws

Vesting of powers in the Minister

(1) If a power is vested in:

(a) a Minister of New South Wales; or

(b) the Governor of New South Wales; or

(c) the Governor-in-Council of New South Wales;

by a New South Wales law in force in the Territory under section 18A, the power is, in relation to the Territory, vested in the responsible Commonwealth Minister instead of the person or authority mentioned in paragraph (a), (b) or (c) of this subsection.

(2) If:

(a) a power is vested in a person (other than a court officer of New South Wales) or an authority (other than a court of New South Wales) by a New South Wales law in force in the Territory under section 18A; and

(b) subsection (1) does not apply to the power;

the power is, in relation to the Territory, vested in the responsible Commonwealth Minister instead of the person or authority mentioned in paragraph (a) of this subsection.

Delegation etc.

(3) If a power is vested in the responsible Commonwealth Minister under subsection (1) or (2), the Minister may, in writing:

(a) direct that the power is also vested in a specified person or authority; or

(b) delegate the power to a specified person.

(4) A person or authority in whom a power is vested under paragraph (3)(a) may, if the person is so empowered by the responsible Commonwealth Minister in the direction, delegate the power, in writing, to a specified person.

(5) If:

(a) a power is vested in the responsible Commonwealth Minister under subsection (2); and

(b) a person, or an authority, who is:

(i) an officer or employee of New South Wales; or

(ii) an authority of New South Wales; or

(iii) an officer or employee of an authority of New South Wales;

is subject to an arrangement under section 18C; and

(c) the power corresponds to a power that the person or authority is authorised, under a law in force in New South Wales, to exercise in, or in a part of, New South Wales:

(i) whether in the person's own right or the authority's own right; or

(ii) whether in the capacity of a delegate; or

(iii) whether in any other way;

the responsible Commonwealth Minister is taken to have directed under paragraph (3)(a) that the first-mentioned power is also vested in the person or authority, as the case may be.

(6) The Minister may direct that subsection (5) does not apply to a specified power.

(7) A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.

Other matters

(8) An instrument under this section may identify a power by reference to a class of powers.

(9) The validity of the exercise of a power under a law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person exercising that power under the law as in force in New South Wales.

(10) This section does not affect the operation of section 18A in relation to the application in or in relation to the Territory of a law (a subordinate law ) made under a New South Wales law (whether the subordinate law is made before or after the final transition time).

(11) An instrument under this section is not a legislative instrument.

(12) In this section:

authority means:

(a) a body corporate, or an unincorporated body, established for a public purpose; or

(b) an authority (within the ordinary meaning of that expression).

authority of New South Wales means an authority established by or under a New South Wales law.

power includes function or duty, and, in that context, exercise means perform.

18C Arrangements with the Government of New South Wales

(1) The Commonwealth may enter into arrangements with New South Wales for the effective application and administration of the laws in force in the Territory.

(2) Without limiting the generality of subsection (1), such an arrangement may provide for the exercise of powers or the performance of functions or duties by:

(a) an officer or employee of New South Wales; or

(b) an authority of New South Wales (within the meaning of section 18B); or

(c) an officer or employee of an authority of New South Wales (within the meaning of section 18B);

in or in relation to the Territory.