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
66 Subsections 18B(4) to (6)
Repeal the subsections, substitute:
(4) A direction or delegation under subsection (3) is subject to such conditions as may be specified:
(a) in the direction or delegation; or
(b) in the case of a deemed direction under subsection (5A) or (5B) - in writing, by the responsible Commonwealth Minister.
(5) A person or authority in whom a power is vested by a direction under paragraph (3)(a) may delegate the power, in writing, to another person or authority:
(a) if authorised to do so by the direction; or
(b) in the case of a deemed direction under subsection (5A) or (5B) - if authorised to do so, in writing, by the responsible Commonwealth Minister.
Deemed vesting of powers - State persons and authorities exercising powers in Norfolk Island
(5A) If a power under an applied State law is vested in the responsible Commonwealth Minister under paragraph (1)(a) or subsection (2), that Minister is taken to have directed under paragraph (3)(a) that the power is also vested in another person or authority in the circumstances that:
(a) the person or authority is subject to an arrangement under section 18C with the State and is:
(i) an officer or employee of the State; or
(ii) an authority established by or under a law of the State; or
(iii) an officer or employee of such an authority; and
(b) the power corresponds to a power that the person or authority is authorised, under a law of the State, to exercise in, or in a part of, the State:
(i) whether in the person's or authority's own right; or
(ii) whether in the capacity of a delegate; or
(iii) whether in any other way.
Deemed vesting of powers - Norfolk Island persons and authorities
(5B) If a power under an applied State law mentioned in column 1 of an item of the following table is vested in the responsible Commonwealth Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in a person or authority mentioned in column 2 of the item.
|
Deemed vesting of powers - Norfolk Island persons and authorities |
||
|---|---|---|
|
Item |
Column 1 |
Column 2 |
|
1 |
A power that corresponds to a power vested by a law of the State in a police force (however described) |
The Australian Federal Police |
|
2 |
A power that corresponds to a power vested by a law of the State in a police officer (however described) holding, occupying or exercising the powers of a particular kind of office or position |
Both of the following: (a) a member of the Police Force of Norfolk Island holding, occupying or exercising the powers of a corresponding office or position; (b) a member or special member of the Australian Federal Police holding, occupying or exercising the powers of a corresponding office or position in Norfolk Island |
|
3 |
A power that corresponds to a power vested by a law of the State in a body (a local government body ) responsible for local government under such a law |
The Norfolk Island Regional Council |
|
4 |
A power that corresponds to a power vested by a law of the State in a person holding, occupying or exercising the powers of a particular kind of office or position on or with a local government body |
A person holding, occupying or exercising the powers of a corresponding office or position on or with the Norfolk Island Regional Council |
|
5 |
A power that corresponds to a power, vested by a law of the State, that is prescribed by an Ordinance for the purposes of this item |
A person or authority prescribed by thatOrdinance |
(6) The responsible Commonwealth Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power.