NORFOLK ISLAND.
No. 101 of 1963.
An Act to amend the Norfolk Island Act 1957.
[Assented to 1st November, 1963.]
BE it enacted by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1.—(1.) This Act may be cited as the Norfolk Island Act 1963.
(2.) The Norfolk Island Act 1957 is in this Act referred to as the Principal Act.
(3.) The Principal Act, as amended by this Act, may be cited as the Norfolk Island Act 1957–1963.
Commencement.
2. This Act shall come into operation on a date to be fixed by Proclamation.
Parts.
3. Section four of the Principal Act is amended by omitting the word and figures “(Section 11)” and inserting in their stead the word and figures “(Sections 11–11a)”.
Definitions.
4. Section five of the Principal Act is amended—
(a) by inserting after the definition of “Acting Administrator” the following definition:—
“‘Judge’ means a Judge of the Supreme Court;”; and
(b) by omitting the definition of “the judge” and inserting in its stead the following definition:—
“‘the senior Judge’ means the senior Judge who is available for the discharge of duties under this Act;”.
5. After section nine of the Principal Act the following section is inserted:—
Deputy Administrator.
“9a.—(1.) There shall be a Deputy Administrator of the Territory, who shall be appointed by the Governor-General by commission and shall hold office during the pleasure of the Governor-General.
“(2.) Where—
(a) there is a vacancy in the office of Administrator or the Administrator is absent from the Territory or unable by reason of illness or incapacity to perform his duties; and
(b) an Acting Administrator has not entered on his duties,
the Deputy Administrator has and may exercise and perform all the powers and functions of the Administrator.
“(3.) The exercise of the powers and the performance of the functions of the Administrator, by virtue of this section, by the Deputy Administrator during the absence of the Administrator from the Territory does not affect the exercise of any power or the performance of any function by the Administrator.”.
Oath to be taken by Administrator, &c.
6. Section ten of the Principal Act is amended by omitting sub-section (2.) and inserting in its stead the following sub-sections:—
“(2.) The Deputy Administrator shall, before exercising a power or performing a function by virtue of his office, make and subscribe an oath or affirmation in accordance with the form in the First Schedule to this Act.
“(3.) An oath or affirmation under this section shall be made before the Governor-General, a Judge or a person authorized by the Governor-General for the purpose.”.
Norfolk Island Council.
7.
Overview
The Norfolk Island Act 1963 was enacted to amend the Norfolk Island Act 1957, addressing the need to update and improve the governance framework for Norfolk Island. This Act was passed by the Queen’s Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia. Among the objectives of this legislation is to ensure more effective administration by introducing a Deputy Administrator who can perform the duties of the Administrator in their absence or incapacity, and to enhance the advisory role of the Norfolk Island Council. This Act also brings about changes to the appointment and functioning of the Supreme Court, ensuring that the judicial system on Norfolk Island operates smoothly and is aligned with broader legal standards.
Scope and Application
The Norfolk Island Act 1963 amends the Norfolk Island Act 1957, providing for various changes concerning the administration, governance, and judicial processes on Norfolk Island. This legislation applies to the Norfolk Island Territory and its administration, including the roles and functions of the Administrator, Deputy Administrator, and the Norfolk Island Council, as well as the Supreme Court of Norfolk Island. The Act applies to the conduct and decisions of these authorities within their respective jurisdictions on Norfolk Island. The geographic and jurisdictional reach of this Act is limited to Norfolk Island, a territory under the governance of the Commonwealth of Australia. The Act does not specify any exclusions or exemptions but rather provides for a framework of governance and legal processes. The application of the Act may be further detailed or extended through subordinate instruments, such as ordinances or regulations, which may be made by the Governor-General or other authorised officials in accordance with the provisions set out in the Act.
Key Provisions
- The Norfolk Island Act 1963 amends the Norfolk Island Act 1957, introducing new provisions and modifying existing ones to better govern the administration and legal framework of Norfolk Island. Key sections of the Act include the appointment of a Deputy Administrator (section 9a), the oath to be taken by the Deputy Administrator (section 6), and the advisory role of the Norfolk Island Council (sections 11a and 16a). The Act also revises the process for the consideration of regulations by the Council and the laying of ordinances before Parliament (sections 16a and 17). The composition and functions of the Supreme Court are updated, with new provisions on the appointment of Judges, their seniority, and remuneration (sections 18, 19, 20, 21a, 21b, and 21c).
- The Act imposes several obligations on various parties. The Deputy Administrator, upon assuming office, must take an oath or affirmation before the Governor-General, a Judge, or an authorised person (section 6). The Norfolk Island Council is tasked with providing advice to the Administrator on matters affecting the Territory's peace, order, and good government (section 11a). Additionally, the Council has the right to consider proposed regulations and make representations to the Administrator, who must then forward these to the Minister (section 16a). The Minister must take these representations into account when making regulations, unless urgency or other special reasons dictate otherwise (section 16a).
- Breaches of the provisions in the Norfolk Island Act 1963 can lead to various legal consequences. While the Act does not explicitly detail specific offences or penalties, it is understood that failure to comply with the oath requirements or misuse of administrative powers could lead to legal action. The Act's provisions ensure the proper functioning of governance on Norfolk Island, and any breaches could result in administrative, civil, or criminal penalties, depending on the nature and severity of the breach.
- Area of Law
- Constitutional Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Licensing & Registration
- Reporting & Disclosure Obligations
