Territories Legislation Amendment Act 2020 (154 of 2020)

Schedule 1   Amendments of Territory Acts

Part 1   Applied laws, delegations and other matters

Division 2   Application, saving and transitional provisions

77   Amendments relating to Norfolk Island

Application of amendments

(1) Sections 18A to 18E of the new law apply in relation to:

(a) laws of an applied law jurisdiction, whether in force before or after the commencement time; and

(b) applied laws, whether in force before or after the commencement time; and

(c) powers vested in a person or authority, whether vested before or after the commencement time; and

(d) directions and delegations, whether made before or after the commencement time.

Saving of Ordinances that incorporate, amend, repeal or suspend applied New South Wales laws

(2) A section 19A Ordinance made for the purposes of subsection 18A(2) or (3) of the old law that was in force immediately before the commencement time continues in force, on and after that time, as if it had been made for the purposes of subsection 18A(2) or (3) (as applicable) of the new law.

Saving of certain delegations

(3) Subject to subitem (4), a delegation made under subsection 18B(4) of the old law that was in force immediately before the commencement time continues in force, on and after that time, as if it had been made under subsection 18B(5) of the new law.

Certain directions and delegations cease to have effect

(4) A direction or delegation made under subsection 18B(3) or (4) of the old law that was in force immediately before the commencement time ceases to have effect if:

(a) at the commencement time, the Minister is taken, under subsection 18B(5B) of the new law, to have directed that a power is also vested in a person or authority; and

(b) the direction or delegation is in respect of that power.

Arrangements with New South Wales

(5) A reference in section 18B or 18C of the new law to an arrangement with a State is taken, at and after the commencement time, to include a reference to an arrangement with New South Wales entered into under section 18C of the old law that was in force immediately before that time.

Definitions

(6) In this item:

commencement time means the time this Part commences.

new law means the Norfolk Island Act 1979, as amended by Division 1 of this Part.

old law means the Norfolk Island Act 1979, as in force immediately before the commencement time.