Norfolk Island Act 1979
No. 25, 1979
Compilation No. 21
Compilation date: 11 December 2024
Includes amendments: Act No. 115, 2024
About this compilation
This compilation
This is a compilation of the Norfolk Island Act 1979 that shows the text of the law as amended and in force on 11 December 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
3 Repeals
4 Interpretation
5 Meaning of applied law jurisdiction
Part IV—Legislation
Division 1—Laws
15 Laws in force in the Territory
16 Continuance of laws in force immediately before 7 August 1979
16A Continuance of certain laws in force immediately before the interim transition time
17 Amendment and repeal of existing laws
18 Application of Commonwealth Acts
18A Application of laws of applied law jurisdictions
18B Powers under applied State laws
18C Arrangements with the Government of a State
18D Powers under applied Territory laws
18E Applied laws—effect of directions and delegations
Division 2—Legislative powers of the Governor‑General
19A Governor‑General may make Ordinances
Division 3—Inconsistency of laws
29 Inconsistency of Legislative Assembly laws with old Ordinances
30 Inconsistency of section 19A Ordinances with the regulations
Part VII—The Judicial System
Division 1—The Supreme Court of Norfolk Island
52 Constitution of Supreme Court
53 Appointment of Judges
53A Acting Chief Justice
54 Seniority of Judges
55 Holding of other judicial offices
56 Salary and allowances of Judges
57 Oath or affirmation of Judge
58 Exercise of jurisdiction
59 Jurisdiction of Supreme Court
Division 2—Establishment of courts and tribunals
60 Establishment of courts and tribunals
Division 3—Conferral of jurisdiction on prescribed State or Territory courts
60AA
Overview
The Norfolk Island Act 1979 was enacted by the Australian Parliament to provide for the government of Norfolk Island. This Act repealed the Norfolk Island Act 1957 and the Norfolk Island Act 1963, replacing them with a new legislative framework to govern the territory. The primary objective of the Act was to establish a legal structure that allows for the effective administration of justice and governance on Norfolk Island, including the continuation of existing laws, the application of Commonwealth and state laws, and the establishment of a judicial system.
Scope and Application
The Norfolk Island Act 1979 applies to the Territory of Norfolk Island and governs its administration, legal system, and various other matters. The Act applies to persons, entities, and authorities operating within Norfolk Island, including the Norfolk Island Regional Council, courts, and law enforcement agencies. It also extends to laws from applied jurisdictions, including certain states and territories of Australia, which are incorporated and may be amended or repealed by ordinances made under the Act. The Act provides for the application of Commonwealth Acts and the laws of applied jurisdictions to Norfolk Island, subject to certain conditions and inconsistencies. The Governor-General has the authority to make ordinances for the peace, order, and good government of the Territory, and the Supreme Court of Norfolk Island exercises both criminal and civil jurisdiction. The Act also includes provisions for the appointment and removal of judges, the establishment of courts and tribunals, and the application of procedural rules in both criminal and civil matters. Additionally, the Act regulates the appointment of officers, the disposal of land, customs duties, and the granting of pardons, remissions, and commutations of sentence. The Norfolk Island Act 1979 has been amended by various subsequent acts, which have altered its provisions and repealed certain sections to streamline governance and legal frameworks on the island.
Key Provisions
- The Norfolk Island Act 1979 outlines the legislative framework governing Norfolk Island, a territory of Australia. The Act is divided into several parts, each detailing various aspects of the governance, laws, and judicial system of Norfolk Island. Key provisions include the continuation of laws in force immediately before the commencement of the Act, the application of Commonwealth Acts, and the legislative powers of the Governor-General. The Act also establishes the Supreme Court of Norfolk Island and sets out its jurisdiction and powers. Furthermore, it provides for the incorporation of laws from other jurisdictions, such as New South Wales and other Australian states and territories, and allows for the sitting of the Supreme Court in other jurisdictions. Additionally, the Act addresses criminal and civil matters, including provisions for the prosecution of sex offences, the hearing of criminal matters in other jurisdictions, and the establishment of courts and tribunals. The Act also includes provisions for the appointment of officers, the disposal of land, customs duties, and the grant of pardons.
- In terms of obligations and requirements, the Act mandates the continuation of existing laws unless otherwise specified, the application of Commonwealth Acts unless expressly excluded, and the legislative powers of the Governor-General. It also requires the Supreme Court to be constituted and specifies the appointment, seniority, and powers of its Judges. Furthermore, the Act requires the Governor-General to make Ordinances for the peace, order, and good government of the Territory and sets out the process for the amendment and repeal of existing laws.
- The Act imposes various offences and penalties, including criminal offences related to jurors and penalties for non-compliance with orders or judgments of the Supreme Court. Additionally, it provides for the repatriation of individuals tried in host jurisdictions and the removal and transfer of prisoners. The penalties for offences under the Act range from fines to imprisonment, with specific penalties outlined for various infractions. The Act also allows for the incorporation of matters by reference in Ordinances and laws, subject to certain conditions.
- Area of Law
- Constitutional Law
- Criminal Law
- Environmental Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Regulatory Standards
- Enforcement Powers
- Compliance Obligations
