NORFOLK ISLAND ORDINANCES.
No.
28 of 1957.
An Act relating to Ordinances of Norfolk Island.
[Assented to 30th May, 1957.]
Preamble.
WHEREAS section eight of the
Norfolk Island Act 1913
provided, and section eight of that Act as amended by the Norfolk Island Act
1935 provides, amongst other
things, that Ordinances made by the Governor-General for the peace, order and
good government of Norfolk Island shall be published in Norfolk Island in the
manner directed by the Governor-General, and shall come into force at a time to
be fixed by the Governor-General, not being before the date of their
publication in Norfolk Island:
And whereas the
Interpretation Ordinance 1915 of
Norfolk Island provided, and that Ordinance as amended from time to time has
continued to provide, by section five, that every Ordinance shall, unless the
contrary intention appears, commence and take effect on the day on which a copy
thereof is affixed by order of the Administrator on or near to the Court House,
Norfolk Island:
And whereas certain
Ordinances of Norfolk Island have contained provisions fixing, or providing for
the fixing, of the respective dates of their taking effect, commencing or
coming into operation:
And whereas doubts
have arisen as to the validity of the provisions referred to in the last two
preceding paragraphs of this preamble:
And whereas it
is desirable to make certain the dates on which Ordinances of Norfolk Island
made before the commencement of this Act are to be regarded as having come into
operation:
Be it therefore enacted
by the Queen’s Most Excellent Majesty, the Senate, and the House of
Representatives of the Commonwealth of Australia, as follows:—
Short title.
1.This
Act may be cited as the Norfolk Island Ordinances Act 1957.
Commencement.
2.This
Act shall come into operation on the day on which it receives the Royal Assent.
Definitions.
3.In
this Act—
“Ordinance” means an Ordinance made under the Norfolk
Island Act 1913, or under that Act as amended by the Norfolk Island Act 1935;
“the Administrator” means the Administrator of
Norfolk Island and includes a Deputy of the Administrator of Norfolk Island.
Commencement of Ordinances.
4.—(1.) Subject
to the next succeeding sub-section, an Ordinance made before the commencement
of this Act shall, by force of this Act, be deemed to have come into operation
on the date on which a copy of the Ordinance was affixed, by order of the
Administrator, on or near to the Court House, Norfolk Island.
(2.) Where an Ordinance made
before the commencement of this Act contained a provision with respect to the
date on which the Ordinance should—
(a) take effect;
(b) commence;
(c) be deemed to have commenced;
(d) commence and take effect; or
(e) come into operation,
the
Ordinance shall, by force of this Act, be deemed to have come into operation on
the date specified in, or fixed or ascertained in accordance with, that
provision.
Evidence.
5.Production
of the Gazette purporting to contain a copy of a certificate by the
Administrator that a copy of an Ordinance, or a notice, was, on a day specified
in the certificate, affixed, by order of the Administrator, on or near to the
Court House, Norfolk Island, is evidence that a copy of the Ordinance or the
notice, as the case may be, was so affixed on that day.
Amendment of section 8 of Norfolk Island Act 1913–1935.
6.—(1.) Section
eight of the Norfolk Island Act 1913-1935 is amended by omitting
sub-section (11.) and inserting in its stead the following sub-section:—
“(11.) Notice of the making of
every Ordinance made under this section shall be published in the Norfolk
Island Government Gazette, and an Ordinance shall, unless the contrary
intention appears in the Ordinance, come into operation on the date of
publication of the notice.”.
(2.) The Norfolk Island Act 1913-1935,
as amended by this Act, may be cited as the Norfolk Island Act 1913-1957.
(3.) The amendment of the Norfolk
Island Act 1913