Territories Legislation Amendment Act 2020 (154 of 2020)

Schedule 1   Amendments of Territory Acts

Part 2   Jurisdiction of Norfolk Island courts

Division 3   Application, saving and transitional provisions

96   Transfer of Supreme Court jurisdiction - new proceedings

Scope

(1) This item applies to the jurisdiction to hear and determine matters arising under laws in force in Norfolk Island vested in the Supreme Court of Norfolk Island immediately before the judicial transition time, except in relation to matters for which:

(a) proceedings were pending in that court immediately before that time; or

(b) proceedings had been completed in that court before that time.

(2) The judicial transition time is the time prescribed by the regulations for the purposes of this item.

Transfer of jurisdiction

(3) Subject to the Constitution, after the judicial transition time the jurisdiction:

(a) ceases to be vested in the Supreme Court of Norfolk Island; and

(b) is vested in:

(i) if a court prescribed for the purposes of subitem (4) would, apart from this subitem, have the jurisdiction under subsection 60AA(2) of the new law - that court; or

(ii) in any other case - the Supreme Court of the prescribed State or Territory.

(4) A court of the prescribed State or Territory may be prescribed by the regulations for the purposes of this subitem.