Territories Legislation Amendment Act 2020 (154 of 2020)

Schedule 1   Amendments of Territory Acts

Part 1   Applied laws, delegations and other matters

Division 1   Amendments

Norfolk Island Act 1979

63   Subsections 18B(1) and (2)

Repeal the subsections, substitute:

Vesting of powers

(1) If, by an applied State law, a power is vested in:

(a) a Minister of the State; or

(b) the Governor of the State; or

(c) the Governor-in-Council of the State;

that power is, in relation to Norfolk Island, 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) by an applied State law, a power is vested in a person (other than a court officer of the State) or an authority (other than a court of the State); and

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

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

(2A) To avoid doubt, a reference in subsection (1) or (2) to a power vested in a person or authority by an applied State law does not include a reference to a power so vested, whether directly or indirectly, because of a section 19A Ordinance made for the purposes of subsection 18A(2).

Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied State law.