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

72   At the end of Division 1 of Part IV

Add:

18D Powers under applied Territory laws

Vesting of powers

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

(a) a person (other than a court officer of that Territory); or

(b) an authority (other than a court of that Territory);

that power is vested in, and may be exercised by, that person or authority in relation to Norfolk Island.

(2) A reference in subsection (1) to a power that is vested in a person or authority by an applied Territory law includes a reference to a power that is otherwise exercisable under that law (for example, under a delegation made under that law, or under an authorisation).

(3) To avoid doubt, a reference in subsection (1) to a power vested in a person or authority by an applied Territory 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 Territory law.

Vesting directions etc.

(4) If a power under an applied Territory law is vested in a person or authority under subsection (1), the responsible Commonwealth Minister may, in writing, direct that the power is, in relation to Norfolk Island:

(a) also vested in a person or authority (which may be that Minister); or

(b) vested instead in another person or authority (which may be that Minister).

(5) A direction under subsection (4) is subject to such conditions as may be specified in the direction.

(6) A person or authority in whom a power is vested by a direction under subsection (4) may, if authorised by the direction, delegate the power, in writing, to another person or authority.

Effect of solely vesting powers in other persons or authorities

(7) If the responsible Commonwealth Minister gives a direction under paragraph (4)(b) in relation to a power, the power stops being vested in relation to Norfolk Island under subsection (1) at the start of the day after the direction is given.

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 an applied Territory 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 or authority exercising that power under a law of that Territory.

(10) This section does not affect the operation of section 18A in relation to the application in or in relation to Norfolk Island of a law (a subordinate law ) made under a law of an applied law jurisdiction (whether the subordinate law is made before or after the commencement of this section).

(11) Subject to any direction or delegation made under this section, if a power vested by an applied Territory law in a person or authority (the first mentioned person or authority ) is vested in another person or authority under this section, each reference in any applied Territory law of that Territory to the first mentioned person or authority is taken to include a reference to the other person or authority.

(12) A reference in this section to a law of a Territory that is an applied law jurisdiction is taken to be a reference to a law of the applied law jurisdiction (within the meaning of subsection 18A(6)).

Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction .

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

18E Applied laws - effect of directions and delegations

Scope

(1) This section applies if:

(a) the responsible Commonwealth Minister directs, under paragraph 18B(3)(a) or subsection 18D(4), that all the powers of a person or authority (the first mentioned person or authority ) under an applied law are vested in another person or authority; or

(b) the responsible Commonwealth Minister delegates to a person or authority, under paragraph 18B(3)(b), all the powers of a person or authority (also the first mentioned person or authority ) under an applied law; or

(c) a person or authority delegates to another person or authority, under subsection 18B(5) or 18D(6), all the powers of a person or authority (also the first mentioned person or authority ) under an applied law.

Addition of powers

(2) If:

(a) the applied law is amended to give the first mentioned person or authority one or more additional powers under the law; and

(b) the direction or delegation is in force immediately before the amendment takes effect;

then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers.

Alteration of powers

(3) If:

(a) the applied law is amended to alter the scope of one or more of the powers of the first mentioned person or authority under the law; and

(b) the direction or delegation is in force immediately before the amendment takes effect;

then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered.

Amendments of applied laws

(4) An applied law is amended if:

(a) the applied law is amended by a section 19A Ordinance; or

(b) the corresponding law of the applied law jurisdiction is amended.