Norfolk Island (Supreme Court Sittings) Regulations 1979 (Cth)

Norfolk Island (Supreme Court Sittings) Regulations 1979

Statutory Rules 1979 No. 150 as amended

made under the

Norfolk Island Act 1979

This compilation was prepared on 10 October 2005

taking into account amendments up to SLI 2005 No. 226

Prepared by the Office of Legislative Drafting and Publishing,

Attorney-General’s Department, Canberra

Contents

      1Name of Regulations [see Note 1]

 These Regulations are the Norfolk Island (Supreme Court Sittings) Regulations 1979.

2Commencement [see Note 1]

 These Regulations shall come into operation on the date fixed under subsection 2 (2) of the Norfolk Island Act 1979.

2ADefinition

 In these Regulations:

self-governing Territory means the Australian Capital Territory or the Northern Territory.

3Sittings of the Supreme Court outside Norfolk Island

• (1)

  The Supreme Court may sit in any State or self-governing Territory for the purpose of hearing and determining a matter, otherwise than in the exercise of its criminal jurisdiction, if a Judge is satisfied that the hearing of the matter outside Norfolk Island is not contrary to the interests of justice.

• (2)

  A sitting of the Supreme Court outside Norfolk Island may be held at a place in a State or self-governing Territory, and at a time, that a Judge thinks fit.

• (3)

  Where a Judge is satisfied that a matter pending in the Supreme Court otherwise than in the exercise of its criminal jurisdiction is a matter the hearing of which, or the continuation of the hearing of which, at a sitting of the Supreme Court at a place outside Norfolk Island is not contrary to the interests of justice:

  • (a)

    the Supreme Court may, at any time when the matter is before the court for hearing at a sitting of the Court on Norfolk Island, order that the hearing of the matter be adjourned and be continued at a sitting of the court to be held at some place outside Norfolk Island specified in the order; or

  • (b)

    a Judge may, at any time when the matter is not before the Supreme Court for hearing, order that the matter be heard or continued at a sitting of the court to be held at a place outside Norfolk Island specified in the order, and may also revoke any order previously made by the court or a Judge, whether under these Regulations or otherwise, with respect to the hearing or continuation of the hearing of the matter at a sitting of the court on Norfolk Island.

• (4)

  Where a matter is before the Supreme Court for hearing at a sitting of the court at a place outside Norfolk Island, the court may order that the hearing of the matter be adjourned and be continued at a sitting of the court to be held:

  • (a)

    at that place or at another place outside Norfolk Island; or

  • (b)

    on Norfolk Island.

• (5)

  Where the Supreme Court or a Judge has, under these Regulations or otherwise, ordered that a matter be heard or continued at a sitting of the court to be held at a place outside Norfolk Island, a Judge may, at any time when the matter is not before the court for hearing, revoke that order and order that the matter be heard or continued at a sitting of the court to be held at another place outside Norfolk Island or on Norfolk Island.

• (6)

  Where the Supreme Court or a Judge makes an order under these Regulations relating to the hearing of a matter, the court or the Judge may give directions concerning the service of a copy of the order upon the parties to the matter other than the party at whose instance the order was made.

• (7)

  Subregulations (2) to (6) (inclusive) have effect subject to subregulation (1).

Notes to the Norfolk Island (Supreme Court Sittings) Regulations 1979

Note 1

The Norfolk Island (Supreme Court Sittings) Regulations 1979 (in force under the Norfolk Island Act 1979) as shown in this compilation comprise Statutory Rules 1979 No. 150 amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.

Table of Instruments

Title	Date of notification in Gazette or FRLI registration	Date of commencement	Application, saving or transitional provisions
1979 No. 150	6 Aug 1979	7 Aug 2005 (see r. 2 and Gazette 1979, No. S159)
2005 No. 226	10 Oct 2005 (see F2005L03041)	11 Oct 2005	—

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1..........................................	rs. 2005 No. 226
R. 2A.......................................	ad. 2005 No. 226
R. 3..........................................	am. 2005 No. 226