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

61   Section 18A

Repeal the section, substitute:

18A Application of laws of applied law jurisdictions

(1) Subject to this section and sections 18B and 18D, the laws of an applied law jurisdiction are in force in Norfolk Island.

(2) To the extent that a law is in force in Norfolk Island under subsection (1) it may be incorporated, amended or repealed by a section 19A Ordinance or a law made under a section 19A Ordinance.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 Norfolk Island of a law in force in Norfolk Island under subsection (1) for such period as is specified in the Ordinance.

(4) To the extent that a law of an applied law jurisdiction is in force in Norfolk Island 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; or

(d) a law of another applied law jurisdiction in force in Norfolk Island under this section that has a higher order of priority under regulations made for the purposes of this paragraph.

(5) For the purposes of subsection (4), a law of an applied law jurisdiction (the first applied law ) is taken to be consistent with any of the following other laws:

(a) an Act;

(b) an enactment;

(c) a law of another applied law jurisdiction;

to the extent that the first applied law is capable of operating concurrently with the other law.

(6) A law of an applied law jurisdiction :

(a) is a law in force in an applied law jurisdiction from time to time; and

(b) includes a principle or rule of common law or equity that is part of the law of that jurisdiction; and

(c) does not include:

(i) a Commonwealth Act or a provision of a Commonwealth Act; or

(ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument.