Criminal Law Act 1960 (NI)

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au C2015Q00111 Not in force Continued Law

Select Document

Consolidation

NORFOLK ISLAND

CRIMINAL LAW ACT 1960

[Consolidated as at 1 January 2008 on the authority of the Administrator and in accordance with the Enactments Reprinting Act 1980]

________

TABLE OF PROVISIONS

1. Short title

2. Definition

3. Application of Crimes Act

4. Interpretation

….

5A. Institution of proceedings in respect of offences

….

11. Time for commencing prosecutions

….

13. Proof of exceptions, etc

NORFOLK ISLAND

Criminal Law Act 1960

An Act relating to criminal law

Short title

1. This Act may be cited as the Criminal Law Act 1960.

Definition

2. In this Act, unless the contrary intention appears 

“the Crimes Act” means the Crimes Act, 1900, of the State of New South Wales, as amended before 16 December 1936, being the date of commencement of the Judiciary Act 1936.

Application of Crimes Act

3. The provisions of the Crimes Act apply, by force of this Act, in Norfolk Island as a law of Norfolk Island, subject to section 4 and to the modifications prescribed by this Act.

Interpretation

4. In the application in Norfolk Island of the Crimes Act 

(a) reference in that Act to the Governor or to the Colonial Secretary shall be read as a reference to the Administrator;

(b) a reference in that Act to the Attorney-General or to Her Majesty’s Attorney-General shall be read as a reference to the Administrator;

(c) a reference in that Act to the Supreme Court, to the Court of Quarter-Sessions or to a Court of Quarter-Sessions shall be read as a reference to the Supreme Court of Norfolk Island;

(d) a reference in that Act to a court of summary jurisdiction shall be read as a reference to the Court of Petty Sessions;

(e) a reference in that Act to a Judge, to any Judge or to the Judge shall be read as a reference to the Judge of the Supreme Court;

(f) a reference in that Act to a justice, to the justice, to any justice, to justice or justices, to one, or more than one, justice, to one or more justice or justices, to all justices, to two justices, to a justice of the peace, to a Stipendiary or Police Magistrate, to a Police or Stipendiary Magistrate, to a Police Magistrate or to the Magistrate shall be read as a reference to the Chief Magistrate, or to 3 Magistrates other than the Chief Magistrate, holding office under the Court of Petty Sessions Act 1960;

(g) a reference in that Act to the Master in Equity or to the Prothonotary shall be read as a reference to the Registrar of the Supreme Court holding office under the Supreme Court Act 1960;

(h) a reference in that Act to the clerk of the peace shall be read as a reference to the Registrar of the Supreme Court holding office under the Supreme Court Act 1960 or to the Clerk of the Court of Petty Sessions holding office under the Court of Petty Sessions Act 1960, as the case requires;

(i) a reference in that Act to the Sheriff shall be read as a reference to the Sheriff of Norfolk Island holding office under the Supreme Court Ordinance 1960 or to a bailiff holding office under the Court of Petty Sessions Act 1960, as the case requires;

(j) a reference in that Act to a Coroner or to the Coroner shall be read as a reference to the Coroner for Norfolk Island, or the Deputy Coroner for Norfolk Island, holding office under the Coroners Act 1993;

(k) a reference in that Act to the Comptroller-General of Prisons or to the Comptroller-General shall be read as a reference to the Administrator;

(1) a reference in that Act to a constable, to an officer of police, to a police officer, to the principal officer of police, to the Commissioner of Police or to a member of the police force shall be read as a reference to a member of the Police Force of Norfolk Island;

(m) a reference in that Act to New South Wales, the State of New South Wales, the State or this State shall be read as a reference to Norfolk Island;

(n) a reference in that Act to the Gazette shall be read as a reference to the Norfolk Island Government Gazette;

(o) a reference in that Act to penal servitude shall be read as a reference to imprisonment;

(p) the expression “this Act” or “this or any former Act” in that Act shall be read as referring to the Crimes Act in its application to Norfolk Island;

(q) a reference in that Act to a particular Act of the State of New South Wales shall be read as a reference to that particular Act in its application to Norfolk Island;

(r) the expression “any Act” or “any other Act” in that Act shall be read as referring to any law in force in Norfolk Island;

(s) a reference in that Act to the commencement of that Act, or to the passing of the Crimes (Amendment) Act, 1924, shall be read as a reference to the commencement of this Act;

(t) a reference in that Act to an amount of money expressed in pounds shall be read as a reference to an amount of money equal to the amount that would be referred to if one pound were 0.5 penalty unit; and

(u) a reference in that Act to an amount of money expressed in shillings shall be read as a reference to an of money equal to the amount that would be referred to if one shilling were 0.025 penalty unit.

….

Institution of proceedings in respect of offences

5A. Any person may 

(a) institute proceedings for the commitment for trial of a person in respect of an indictable offence against an enactment; or

(b) institute proceedings for the summary conviction of a person in respect of an offence against an enactment punishable on summary conviction.

….

Time for commencing prosecutions

11. (1) A prosecution in respect of an offence may be commenced as follows:

(a) where the maximum term of imprisonment in respect of the offence in the case of a first conviction exceeds 6 months - at any time after the commission of the offence;

(b) where the maximum term of imprisonment in respect of the offence in the case of a first conviction does not exceed 6 months - at any time within 12 months after the commission of the offence; or

(c) where the punishment provided in respect of the offence is a pecuniary penalty and no term of imprisonment is mentioned - at any time within 12 months after the commission of the offence.

(2) Notwithstanding any provision of an enactment that came into force before the commencement of this section and provides a shorter time for the commencement of the prosecution, a prosecution for an offence against the enactment may be commenced at any time within 12 months after the commission of the offence.

(3) Where any longer time than the time provided by this section is provided for the commencement of a prosecution in respect of an offence, a prosecution in respect of the offence may be commenced at any time within that longer time.

….

Proof of exceptions, etc

13. (1) Where a person is charged before the Court of Petty Sessions with an offence, any exception may be proved by the person charged.

(2) The exception need not be specified or negatived in the information but, if it is so specified or negatived, proof in relation to the matter so specified or negatived is not required on the part of the informant.

(3) This section has effect whether or not the exception is specified in the enactment creating the offence.

(4) In this section, “exception” includes exemption, proviso, excuse or qualification.

_______________________________________________________________________

NOTES

The Criminal Law Act 1960 as shown in this table comprises Act. No 10 of 1960 and amendments as indicated in the Tables below.

Enactment	Number and year	Date of commencement	Application saving or transitional provision
Criminal Law Act 1960	10, 1960	14.4.60

Criminal Law Act 1969	4, 1969	1.5.1969

Ordinances Citation Act 1976	11, 1976	25.11.1976

Interpretation Act 1979	10, 1979	7.8.1979	5

Criminal Law (Amendment) Act 1979	11, 1979	7.8.1979

Ordinances Revision Act 1980	6, 1980	10.8.1980

Criminal Law (Amendment) Act 1980	32, 1980	15.1.1981

Criminal Law (Amendment) Act 1981	19, 1983	15.12.1983

[Previously reprinted as at 20 May 1985 incorporating above amendments]

Criminal Law (Amendment) Act 1985	17, 1986	29.5.1986

Criminal Law Amendment Act 1988	9, 1988	15.7.1986	8

Criminal Law Amendment No. 2 Act 1988	12, 1988	15.7.1988	6

[Previously reprinted as at 15 July 1988 incorporating above amendments]

Criminal Law Amendment Act 1993	19, 1993	30.9.1993	5

Criminal Law Amendment Act 1994	12, 1994	23.6.1994

Criminal Law Amendment Act 1996	29, 1996	31.10.1996

Criminal Law Amendment Act 1998	21, 1998	15.10.1998

Criminal Law (Amendment) Act 2004	12, 2004	12.8.2004	6

Death Penalty Abolition Act 1973 (Cwth)	100, 1973	18.7.1973	4 and 5

Interpretation Amendment Act 2004	15, 2004	20.8.2004	7

[Previously consolidated as at 9 February 2006 incorporating above amendments]

Criminal Code Act 2007	11, 2007	1.1.2008

Criminal Procedure Act 2007	12, 200	1.1.2008
________

Note: The whole of the Crimes Act 1900 (NSW) as applied to Norfolk Island by this Act, was repealed by the Criminal Code Act 2007 and the Criminal Procedure Act 2007.

_______________________________________________________________________

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 Criminal Law Act 1960 was enacted to provide a framework for criminal law on Norfolk Island, incorporating provisions from the Crimes Act 1900 of the State of New South Wales. This Act was introduced to address the need for a consistent and enforceable criminal code on the island. Enacted by the Norfolk Island Administration, the policy objective of this Act is to apply the relevant provisions of the Crimes Act to Norfolk Island, subject to certain modifications and adaptations to reflect the unique circumstances of the island. The Act facilitates the institution of proceedings for both indictable and summary offences, while also setting out the time frames within which prosecutions can be commenced. Furthermore, it allows for the proof of exceptions in proceedings before the Court of Petty Sessions, providing flexibility in the administration of justice.

Scope and Application

The Criminal Law Act 1960 applies to Norfolk Island, incorporating the Crimes Act 1900 of the State of New South Wales, as amended up until 16 December 1936, and making necessary modifications to adapt it to Norfolk Island’s legal framework. This Act extends to all persons and entities within Norfolk Island, regulating their conduct and transactions according to the adapted criminal law. The provisions include the institution of criminal proceedings, the timeframes for commencing prosecutions, and the procedures for proving exceptions or exemptions in cases. The Act specifies that any prosecution for an offence may be initiated within specified timeframes, contingent on the severity of the offence, and allows any person to institute proceedings for both indictable offences and summary conviction offences. Additionally, the Act details modifications to the application of the Crimes Act, such as substituting references to New South Wales officials with Norfolk Island equivalents and adjusting monetary penalties. The scope of this legislation ensures that Norfolk Island’s criminal law is consistent with the principles set out in the Crimes Act 1900, while also accommodating the unique jurisdictional context of Norfolk Island.

Key Provisions

The Criminal Law Act 1960 (Norfolk Island) consolidates the criminal laws applicable to Norfolk Island, referencing the Crimes Act 1900 of New South Wales as amended up until the commencement of the Judiciary Act 1936. This Act applies the provisions of the Crimes Act to Norfolk Island, subject to specific modifications outlined within it. For example, references to certain officials and courts in New South Wales are adapted to reflect corresponding Norfolk Island roles and courts. The Act also provides for the institution of proceedings for indictable offences and summary convictions, allowing any person to initiate such proceedings (Section 5A). The Act imposes obligations on individuals and authorities within Norfolk Island to adhere to the adapted provisions of the Crimes Act. It mandates that any prosecution for an offence must be commenced within specific time frames, depending on the severity of the offence. For instance, for offences where the maximum imprisonment term exceeds six months, prosecution may commence at any time after the offence (Section 11). Additionally, the Act outlines the process for proving exceptions or qualifications in court proceedings, allowing the accused to present their case before the Court of Petty Sessions (Section 13). Breaches of the criminal provisions adapted by this Act may lead to various civil or criminal consequences, as defined within the Crimes Act. The penalties for such breaches can include imprisonment, fines, or other sanctions, as applicable under the adapted provisions. The maximum penalties are contingent on the specific offence and its classification, whether indictable or summary conviction. The Act does not specify maximum penalties but relies on the Crimes Act for the applicable sanctions. Any prosecution must be initiated within the stipulated time frames, or it may be barred by the statute of limitations as outlined in the Act.

Area of Law: Criminal Law
Instrument: Act
Concepts: Definitions & Interpretation; Offence Provisions; Proof of exceptions, etc

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

Legislation content