Citation of Laws Act 1995 (NI)

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NORFOLK  ISLAND

 

 

CITATION OF LAWS ACT 1995

Act No. 14 of 1995

_______________________________________________________________________

 

An Act to amend certain laws with respect to the citation of Norfolk Island laws

[Assented to 24 October 1995]

BE IT ENACTED by the Legislative Assembly of Norfolk Island as follows —

 

Short title

 1. This Act may be cited as the Citation of Laws Act 1995.

Commencement

 2. This Act commences on 1 January 1996.

Interpretation

In this Act, unless the contrary intention appears —

“Commonwealth Act” means an Act passed by the Commonwealth Parliament;

“Ordinance” means an Ordinance made or continued in force under the Norfolk Island Act 1957;

“subordinate law” means an instrument of a legislative nature (including Regulations, rules or by-laws or disallowable instruments) made under an enactment.

Amendments of enactments

 4. (1) Each enactment that is an Ordinance, is amended by omitting from its short title “Ordinance” and substituting “Act”.

(2)               Each enactment that contains a reference to the short title of an Ordinance is amended by omitting from that reference “Ordinance” and substituting “Act”.

  (3) Each enactment that contains a reference to a particular Ordinance otherwise than by its short title is amended by omitting from that reference “Ordinance” and substituting “Act”.

  (4) Each enactment that contains a reference to an Ordinance or Ordinances (not being a reference to a particular Ordinance or Ordinances) is amended by omitting from that reference “Ordinance” or “Ordinances” and substituting “Act” or “Acts” (as the case requires).

  (5) Each enactment that contains a reference to the short title of a Commonwealth Act is amended by inserting “of the Commonwealth” after that reference.

  (6) Each enactment that contains a reference to a particular Commonwealth Act otherwise than by its short title is amended by inserting “Commonwealth” at the beginning of that reference.

  (7) Where an enactment described in any of subsections (2) to (6) contains 2 or more references of the kind described in that subsection, that subsection has effect in relation to each of those references.

Amendments of subordinate laws

 5. (1) Each subordinate law that contains a reference to the short title of an Ordinance is amended by omitting from that reference “Ordinance” and substituting “Act”.

  (2) Each subordinate law that contains a reference to a particular Ordinance otherwise than by its short title is amended by omitting from that reference “Ordinance” and substituting “Act”.

  (3) Each subordinate law that contains a reference to an Ordinance or Ordinances (not being a reference to a particular Ordinance or Ordinances) is amended by omitting from that reference “Ordinance” or “Ordinances” and substituting “Act” or “Acts” (as the case requires).

  (4) Each subordinate law that contains a reference to the short title of a Commonwealth Act is amended by inserting “of the Commonwealth” after that reference.

  (5) Each subordinate law that contains a reference to a particular Commonwealth Act otherwise than by its short title is amended by inserting “Commonwealth” at the beginning of that reference.

  (6) Where a subordinate law described in any of subsections (1) to (5) contains 2 or more references of the kind described in that subsection, that subsection has effect in relation to each of those references.

Corrected references to Commonwealth Acts

 6. Subsection 4(5) or (6) or 5(4) or (5) does not apply if the provision that would, but for this section, be amended or modified by that subsection already contains in the appropriate place the phrase or word that would be inserted by such an amendment or modification.

Instruments and documents

 7. An instrument or other document is not invalid merely because it contains an incorrect reference to an Ordinance that has been amended by this Act.

Amendments of the Interpretation Act 1979

 8. The Interpretation Act 1979 is amended as set out in the Schedule

 

SCHEDULE

Section 8

Amendment of Interpretation Act 1979

 

 1. Subsection 12(2) (definition of "Act")

   Omit the definition.

 2. Subsection 12(2)

  Insert the following definition in its appropriate alphabetical position

 ‘Commonwealth Act” means an Act passed by the Commonwealth Parliament;”.

 

 

Notified Gazette No. 47, 26 October 1995.

Commenced on 1 January 1996.

Printed on the authority of the Administrator.

 

© Norfolk Island Government 2005

The Copyright Act 1968 of the Commonwealth of Australia permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Legislative Counsel, Administration of Norfolk Island, Norfolk Island, South Pacific 2899.

Overview

The Citation of Laws Act 1995 was enacted by the Legislative Assembly of Norfolk Island to address the need for consistency and clarity in the citation of laws applicable to Norfolk Island, particularly those previously designated as Ordinances. This Act, which commenced on 1 January 1996, aims to amend the titles and references to various laws within Norfolk Island’s legislative framework, thereby updating the terminology from "Ordinance" to "Act" and refining references to Commonwealth Acts. By making these changes, the Act seeks to ensure that all legal instruments and documents reflect the current legislative terminology, enhancing their readability and legal coherence. Additionally, the Act includes provisions to amend the Interpretation Act 1979 to align with the new terminology and ensures that instruments and documents containing outdated references are not rendered invalid solely due to these discrepancies.

Scope and Application

The Citation of Laws Act 1995 applies to the transformation of legal nomenclature on Norfolk Island by altering the terminology used in existing laws and legal documents. The Act affects all laws enacted under the Norfolk Island Act 1957, referred to as Ordinances, by amending their titles to replace "Ordinance" with "Act". It also modifies references within these laws to reflect the change in terminology, ensuring consistency and clarity in legal documentation. Additionally, the Act addresses references to Commonwealth Acts, inserting the word "Commonwealth" where necessary to distinguish these Acts from Norfolk Island Acts. The amendments extend to subordinate laws, including regulations and by-laws, which are similarly updated to reflect the new terminology. The Act’s amendments are comprehensive, covering all references within primary and subordinate laws, ensuring that the updated terminology is uniformly applied across all legal instruments on Norfolk Island. Furthermore, the Act provides for the continued validity of instruments and documents that may contain outdated references, safeguarding against inadvertent invalidation due to the transitional changes. The geographic reach of the Act is confined to Norfolk Island, ensuring that the legislative changes are specific to the jurisdiction and do not affect laws in other areas.

Key Provisions

The main operative sections of the Citation of Laws Act 1995 (Norfolk Island) (sections 4 and 5) require the amendment of references in various enactments and subordinate laws from "Ordinance" to "Act" where appropriate. This includes amendments to the short titles of Ordinances (section 4(1)), references to specific Ordinances (section 4(2)), references to Ordinances in general (section 4(3)), and references to the short titles and specific Commonwealth Acts (sections 4(4) to (6) and 5(4) to (5)). Additionally, the Act mandates that references to the short titles of Commonwealth Acts be amended to include "of the Commonwealth" (sections 4(4) and 5(4)), and that references to specific Commonwealth Acts should have "Commonwealth" inserted at the beginning (sections 4(5) and 5(5)). The Act also ensures that where an enactment or subordinate law contains multiple references to be amended, each reference is to be adjusted accordingly (sections 4(7) and 5(6)). The Act imposes specific obligations on parties and entities governed by Norfolk Island laws. It mandates that any existing enactments or subordinate laws containing references to Ordinances must be amended to replace "Ordinance" with "Act" (sections 4 and 5). This includes both direct references to the short titles of Ordinances and more general references to Ordinances or specific ones. Furthermore, it requires that references to Commonwealth Acts be correctly identified and modified to include "of the Commonwealth" or "Commonwealth" as appropriate. These amendments are essential to ensure that all legal documents and instruments reflect the updated terminology and remain valid. The Act does not explicitly state any offences, penalties, or consequences for breach of its provisions. However, it is reasonable to infer that failure to comply with the mandated amendments could result in legal documents being considered invalid or ambiguous, potentially leading to disputes or difficulties in legal proceedings. While the Act itself does not specify maximum penalties, non-compliance could lead to challenges in court regarding the interpretation and application of Norfolk Island laws, which could indirectly result in legal and administrative complications for those involved. The Act also includes provisions for the amendment of the Interpretation Act 1979 to align with the changes made by this legislation (section 8). This ensures that the updated terminology is consistently applied across all relevant legislative instruments, maintaining clarity and coherence in the legal framework of Norfolk Island. The Schedule to the Act details the specific amendments to be made to the Interpretation Act 1979, ensuring that the broader legal context is updated in tandem with the changes to individual enactments and subordinate laws.

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