NORFOLK ISLAND.
No. 15 of 1913.
An Act to provide for the acceptance of Norfolk Island as a Territory under the authority of the Commonwealth, and for the Government thereof.
[Assented to 19th December, 1913.]
Preamble.
6 and 7 Vic. c. 35.
WHEREAS by an Act of the Parliament of the United Kingdom, made and passed in the sixth and seventh years of the reign of Her late Majesty Queen Victoria, intituled “An Act to amend so much of an Act of the last Session, for the Government of New South Wales and Van Diemen’s Land, as relates to Norfolk Island,” it was, amongst other things, enacted that it should be lawful for Her Majesty, by Letters Patent under the Great Seal of the United Kingdom, to sever Norfolk Island from the Government of New South Wales and to annex it to the Government and Colony of Van Diemen’s Land:
Commission, 24th October, 1843.
And whereas Her late Majesty Queen Victoria, in exercise of the powers vested in Her by the said Act, by a Commission under the Great Seal of the United Kingdom bearing date the twenty-fourth day of October, 1843, appointed that from and after the twenty-ninth day of September, 1844, Norfolk Island should be severed from the Government of New South Wales and annexed to the Government and Colony of Van Diemen’s Land:
18 and 19 Vic. c. 56.
And whereas by an Act of the Parliament of the United Kingdom, called the Australian Waste Lands Act 1855, it was, amongst other things, provided that it should be lawful for Her Majesty at any time, by Order in Council, to separate Norfolk Island from the Colony of Van Diemen’s Land and to make such provision for the Government of Norfolk Island as might seem expedient:
Order in Council, 24th June, 1856.
And whereas by an Order in Council dated the twenty-fourth day of June, 1856, made by Her Majesty in pursuance of the last-mentioned Act, it was ordered and declared, amongst other things, that from and after the date of the proclamation of the Order in New South Wales Norfolk Island should be thereby separated from the said Colony of Van Diemen’s Land (now called Tasmania) and that from that date all power, authority, and jurisdiction of the Governor, Legislature, Courts of Justice, and Magistrates of Tasmania over Norfolk Island should cease and determine, and that from the said date Norfolk Island should be a distinct and separate Settlement, the affairs of which should until further Order in that behalf by Her Majesty be administered by a Governor to be for that purpose appointed by Her Majesty with the advice and consent of Her Privy Council: and it was thereby further ordered that the Governor and Commander-in-Chief for the time being of the Colony of New South Wales should be, and he thereby was, constituted Governor of Norfolk Island, with the powers and authorities…
Overview
The Norfolk Island Act 1913 was enacted to facilitate the acceptance of Norfolk Island as a territory under the authority of the Commonwealth of Australia and to establish the framework for its governance. This legislation was introduced to address the administrative gap following Norfolk Island’s historical governance transitions, including its separation from New South Wales and Van Diemen’s Land and subsequent administration by New South Wales. Enacted by the Parliament of Australia, the policy objective of this Act was to integrate Norfolk Island into the Australian federal system, ensuring that it is governed under the authority of the Commonwealth while maintaining continuity with existing laws and governance structures. The Act ensures that Norfolk Island's existing laws and regulations remain in effect, subject to amendments by Ordinances made under the authority of the Governor-General. Furthermore, it outlines the mechanisms for the administration of justice, the appointment of officers, and the management of land and revenue on the island.
Scope and Application
The Norfolk Island Act 1913 provides for the acceptance of Norfolk Island as a Territory under the authority of the Commonwealth of Australia. This Act applies to Norfolk Island and its residents, governing the administration, legal framework, and governance of the territory. The Act stipulates that the Governor-General may make ordinances for the peace, order, and good government of Norfolk Island and has the authority to appoint judges, magistrates, and other officers as necessary. The Act also addresses the continuation of existing laws, officers, and the Executive Council of Norfolk Island, subject to modifications by ordinance. Importantly, the Act outlines the jurisdictional reach of the Commonwealth over Norfolk Island, including the granting of pardons, remission of sentences, and the management of revenue and expenditure. The Act also establishes the High Court's jurisdiction to hear appeals from Norfolk Island's judicial decisions and imposes restrictions on the manufacture and sale of alcoholic liquor, except as permitted under existing local laws. The Act comes into force on a date determined by the Governor-General following the Commonwealth's acceptance of Norfolk Island as a territory.
Key Provisions
- The Norfolk Island Act 1913 (sections 3 to 16) outlines the legal framework for the administration of Norfolk Island as a territory under the authority of the Commonwealth of Australia. This Act establishes the acceptance of Norfolk Island by the Commonwealth, sets out the continuance of existing laws and officers, and provides for the making of new ordinances by the Governor-General for the good governance of the island. Section 4 ensures that the laws, rules, and regulations in force in Norfolk Island at the commencement of this Act shall continue in force but may be altered or repealed by an Ordinance made in pursuance of this Act. Section 5 clarifies that Commonwealth Acts, except this Act, are not in force in Norfolk Island unless expressly stated to extend thereto. The Governor-General is empowered to make ordinances for the peace, order, and good government of Norfolk Island, as detailed in section 8, and these ordinances must be published and come into force as specified by the Governor-General. Section 9 allows the Governor-General to appoint judges, magistrates, and other necessary officers, who shall hold office during the pleasure of the Governor-General.
- The Norfolk Island Act 1913 imposes several obligations on the parties it governs. Firstly, the existing laws, rules, and regulations of Norfolk Island continue in force but are subject to alteration or repeal by ordinances made under the Act. Secondly, the Governor-General is responsible for the good governance of Norfolk Island, including the power to make ordinances and appoint necessary officers. Thirdly, the Executive Council of Norfolk Island continues in existence and may be altered or abolished by ordinance. Fourthly, the Governor-General has the authority to grant pardons, remit sentences, or reprieve the execution of sentences, and remit fines, penalties, and forfeitures due to the Crown in Norfolk Island. The Act also provides for the jurisdiction of the High Court to hear and determine appeals from Norfolk Island and prohibits the manufacture or sale of alcoholic liquor, except in accordance with existing laws.
- Breach of the provisions of the Norfolk Island Act 1913 may result in civil or criminal consequences, although the Act itself does not explicitly detail the penalties for breaches. The manufacture, sale, or supply of alcoholic liquor in contravention of section 16 could potentially be considered an offence under the existing laws of Norfolk Island. The Act does not specify maximum penalties for breaches of its provisions, but any contravention of the law could lead to legal action under applicable Commonwealth or Norfolk Island legislation. The High Court's jurisdiction to hear appeals from Norfolk Island ensures that any legal disputes or breaches of the Act can be addressed and resolved through the appropriate legal channels.
- Area of Law
- Constitutional Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Definitions & Interpretation
- Offence Provisions
- Grant of pardon and remission of sentences and forfeitures
