Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017 (Cth)
Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance.
Dated 27 July 2017
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Fiona Nash
Minister for Local Government and Territories
Contents
1............ Name............................................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Schedules...................................................................................................................... 1
Schedule 1—Amendments 2
Part 1—Amendment of the Bail Act 2005 (Norfolk Island) 2
Norfolk Island Continued Laws Ordinance 2015 2
Part 2—Amendment of the Court Procedures Act 2007 (Norfolk Island) 3
Norfolk Island Continued Laws Ordinance 2015 3
Part 3—Amendment of the Criminal Code 2007 (Norfolk Island) 4
Norfolk Island Continued Laws Ordinance 2015 4
Part 4—Amendment of the Criminal Procedure Act 2007 (Norfolk Island) 5
Norfolk Island Continued Laws Ordinance 2015 5
Part 5—Amendment of the Interpretation Act 1979 (Norfolk Island) 6
Norfolk Island Continued Laws Ordinance 2015 6
Part 6—Amendment of the Juries Act 1960 (Norfolk Island) 7
Norfolk Island Continued Laws Ordinance 2015 7
Part 7—Amendment of the Marine Safety Act 2013 (Norfolk Island) 8
Norfolk Island Continued Laws Ordinance 2015 8
Part 8—Amendment of the Sentencing Act 2007 (Norfolk Island) 9
Norfolk Island Continued Laws Ordinance 2015 9
Part 9—Amendment of the Sentencing Regulations 2011 (Norfolk Island) 10
Norfolk Island Continued Laws Ordinance 2015 10
Part 10—Amendment of the Supreme Court Act 1960 (Norfolk Island) 11
Norfolk Island Continued Laws Ordinance 2015 11
Part 11—Transitional provisions 12
Norfolk Island Continued Laws Ordinance 2015 12
1 Name
This Ordinance is the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.
2 Commencement
(1) Each provision of this Ordinance specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Ordinance | The later of: (a) the start of the day after this Ordinance is registered; and (b) the commencement of Schedule 1 to the Director of Public Prosecutions Amendment (Norfolk Island) Regulations 2017. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 5 August 2017 (paragraph (b) applies) |
Note: This table relates only to the provisions of this Ordinance as originally made. It will not be amended to deal with any later amendments of this Ordinance.
(2) Any information in column 3 of the table is not part of this Ordinance. Information may be inserted in this column, or information in it may be edited, in any published version of this Ordinance.
3 Authority
This Ordinance is made under section 19A of the Norfolk Island Act 1979.
4 Schedules
Each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.
Schedule 1—Amendments
Part 1—Amendment of the Bail Act 2005 (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
1 Before item 22B of Schedule 1
Insert:
22AA Subsection 3(1) (definition of Crown Law Officer)
Repeal the definition.
22AB Subsection 26(3)
Omit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.
2 After item 22B of Schedule 1
Insert:
22BA Paragraph 48(3)(a)
Omit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.
22BB Paragraph 48(4)(c)
Repeal the paragraph.
Part 2—Amendment of the Court Procedures Act 2007 (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
3 After item 48 of Schedule 1
Insert:
48AA Subparagraph 15(2)(d)(i)
Omit “under a Norfolk Island law”.
4 After item 48C of Schedule 1
Insert:
48D Sections 33 and 34
Repeal the sections.
Part 3—Amendment of the Criminal Code 2007 (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
5 After item 53C of Schedule 1
Insert:
53CA Subsection 48(10)
Omit “the Minister or”.
6 After item 53D of Schedule 1
Insert:
53DA At the end of section 114
Add:
(10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.
7 After item 53F of Schedule 1
Insert:
53G Subsection 211(11)
Omit “the Minister or”.
8 After item 54 of Schedule 1
Insert:
54A Subsection 349(1)
Omit “the Minister or”.
9 After item 56 of Schedule 1
Insert:
56A Dictionary (definition of Crown law officer)
Repeal the definition.
Part 4—Amendment of the Criminal Procedure Act 2007 (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
10 Item 57A of Schedule 1 (after paragraph (a))
Insert:
(aa) definition of Crown law officer;
11 After item 57A of Schedule 1
Insert:
57B Section 110 (heading)
Repeal the heading, substitute:
110 Discharge of prisoner if case not to be proceeded with
57C Section 110
Omit “Minister”, substitute “Crown law officer”.
Part 5—Amendment of the Interpretation Act 1979 (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
12 At the end of item 167A of Schedule 1
Add:
12D References to Crown Law Officer or Crown Counsel
In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:
(a) Crown Law Officer;
(b) principal Crown Law Officer;
(c) deputy Crown Law Officer;
(d) Crown Counsel.
12E Delegation by Director of Public Prosecutions of the Commonwealth
(1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).
Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.
(2) If a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.
Part 6—Amendment of the Juries Act 1960 (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
13 Items 190B and 190C of Schedule 1
Repeal the items, substitute:
190B Paragraph 10(j)
Repeal the paragraph, substitute:
(j) public servants under the direct supervision of:
(i) the Registrar; or
(ii) the Clerk of the Court of Petty Sessions;
190C Subparagraph 10(r)(ii)
Omit “Norfolk Island public service”, substitute “public service”.
190CAA Subparagraph 10(r)(v)
Repeal the subparagraph.
190CAB Subparagraphs 10(r)(x) and (xi)
Omit “Norfolk Island public service”, substitute “public service”.
Part 7—Amendment of the Marine Safety Act 2013 (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
14 After item 202E of Schedule 1
Insert:
202EAA Subsection 4(1) (definition of Crown Counsel)
Repeal the definition.
15 After item 202G of Schedule 1
Insert:
202GA Subsection 101(2)
Omit “the Crown Counsel and”.
Part 8—Amendment of the Sentencing Act 2007 (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
16 Before item 297A of Schedule 1
Insert:
297AA Subsection 3(1) (definition of Crown law officer)
Repeal the definition.
Part 9—Amendment of the Sentencing Regulations 2011 (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
17 After item 297A of Schedule 1
Insert:
Sentencing Regulations 2011 (Norfolk Island)
298 Schedule (Form 1)
Omit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.
Part 10—Amendment of the Supreme Court Act 1960 (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
18 After item 336 of Schedule 1
Insert:
336A Subsection 23(1)
After “indictable offence”, insert “(other than a continued law offence)”.
336B Subsection 23(3)
After “an information being filed”, insert “(whether or not under subsection (1))”.
336C Subsections 23(4) and (6)
After “indictable offence”, insert “(other than a continued law offence)”.
336D At the end of section 23
Add:
(7) In this section:
continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.
Note: For prosecutions of offences against continued law offences, see Part 3 of the Director of Public Prosecutions Regulations 1984 of the Commonwealth.
Part 11—Transitional provisions
Norfolk Island Continued Laws Ordinance 2015
19 In the appropriate position in Part 2 of Schedule 1
Insert:
Division 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017
367 Definitions
In this Division:
amending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.
commencement time means the commencement of the amending Schedule.
continued law offence means an offence against:
(a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or
(b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).
Crown law official means any of the following, however described:
(a) a Crown Law Officer of Norfolk Island;
(b) a principal Crown Law Officer of Norfolk Island;
(c) a deputy Crown Law Officer of Norfolk Island;
(d) a Crown Counsel of Norfolk Island.
Director means the Director of Public Prosecutions of the Commonwealth.
prosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.
368 References in certain instruments to a Crown law official
(1) If:
(a) a prosecution‑related instrument was in force immediately before the commencement time; and
(b) a reference is made in the prosecution‑related instrument to a Crown law official; and
(c) the prosecution‑related instrument is not an exempt instrument;
then the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.
(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.
(3) A determination made under subitem (2) has effect accordingly.
(4) In this item:
exempt instrument means:
(a) an Act; or
(b) an instrument made under the Norfolk Island Act 1979; or
(c) an enactment (within the meaning of that Act).
prosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.
369 Substitution of the Director as a party to certain pending proceedings
If, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.
370 Records, documents and other things relating to prosecution proceedings that have not been completed
(1) This item applies to any record or document that:
(a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and
(b) relates to prosecution proceedings that, at the commencement time, have not been completed.
(2) This item also applies to any other thing that:
(a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and
(b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.
Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.
(3) The record, document or thing is to be transferred to the Director after the commencement time.
371 Records, documents and other things relating to completed prosecution proceedings
(1) This item applies to any record or document that:
(a) is in the possession of a Crown law official or the Norfolk Island Regional Council; and
(b) relates to prosecution proceedings that were completed before the commencement time.
(2) This item also applies to any other thing that:
(a) is in the possession of a Crown law official or the Norfolk Island Regional Council; and
(b) was relevant to prosecution proceedings that were completed before the commencement time.
Note: For example, forensic material or other evidential material used by the prosecution in prosecution proceedings.
(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.
(4) The Crown law official or the Norfolk Island Regional Council, as the case may be, must comply with the request.
372 Exemption from serving as juror
For the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.
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