Norfolk Island Amendment (Supreme Court) Act 2020
No. 83, 2020
An Act to amend the law relating to Norfolk Island, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedules
Schedule 1—Amendments
Part 1—Amendments
Norfolk Island Act 1979
Part 2—Application of amendments
Norfolk Island Amendment (Supreme Court) Act 2020
No. 83, 2020
An Act to amend the law relating to Norfolk Island, and for related purposes
[Assented to 7 September 2020]
The Parliament of Australia enacts:
1 Short title
This Act is the Norfolk Island Amendment (Supreme Court) Act 2020.
2 Commencement
(1) Each provision of this Act 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 Act | The day after this Act receives the Royal Assent. | 8 September 2020 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedules
Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Part 1—Amendments
Norfolk Island Act 1979
1 Subsection 4(1) (definition of host jurisdiction)
Repeal the definition, substitute:
host jurisdiction means any of the following:
(a) a State;
(b) the Australian Capital Territory;
(c) the Northern Territory.
2 Section 56
Repeal the section, substitute:
56 Salary and allowances of Judges
A Judge is to be remunerated with the salary, annual allowances and travelling allowances that the Judge receives as a Judge of the other court, or other courts, of which he or she is a Judge.
3 Subsection 60B(1)
Repeal the subsection, substitute:
(1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Subdivision relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s criminal jurisdiction.
4 Subsection 60B(3)
Repeal the subsection.
5 Subsection 60P(1)
Repeal the subsection, substitute:
(1) The Commonwealth may enter into arrangements with the government or an authority of a host jurisdiction for the purposes of the effective application of the provisions of this Division relating to sittings of the Supreme Court in that jurisdiction in the exercise of the Supreme Court’s jurisdiction in civil matters.
6 Subsection 60P(3)
Repeal the subsection.
7 Subsection 60Q(6)
Repeal the subsection.
Part 2—Application of amendments
8 Travelling allowances of Judges
The amendment of section 56 of the Norfolk Island Act 1979 made by this Schedule has no effect to the extent (if any) that the amendment would otherwise operate to diminish the remuneration of a Judge during the Judge’s continuance in office.
9 Arrangements with host jurisdictions
(1) Despite the repeal of subsection 60B(1) of the Norfolk Island Act 1979 by this Schedule, a reference to an arrangement in Subdivision B of Division 1 of Part VIIA of that Act is taken to include a reference to an arrangement that was entered into under that subsection before that repeal and that remains in force.
(2) Despite the repeal of subsection 60P(1) of the Norfolk Island Act 1979 by this Schedule, a reference to an arrangement in Division 2 of Part VIIA of that Act is taken to include a reference to an arrangement that was entered into under that subsection before that repeal and that remains in force.
[Minister’s second reading speech made in—
House of Representatives on 13 May 2020
Senate on 25 August 2020]
Overview
The Norfolk Island Amendment (Supreme Court) Act 2020 was enacted by the Parliament of Australia to address certain legal frameworks surrounding the Norfolk Island Supreme Court. The Act amends the Norfolk Island Act 1979 to refine the jurisdictional scope and financial arrangements for judges of the Norfolk Island Supreme Court. Specifically, it redefines the term "host jurisdiction" to include States, the Australian Capital Territory, and the Northern Territory, thereby expanding the potential locations where the Norfolk Island Supreme Court can exercise its jurisdiction. Furthermore, the Act adjusts the remuneration of judges by aligning their salaries, annual allowances, and travelling allowances with those of judges in other courts. The policy objective of these amendments is to ensure that the Norfolk Island Supreme Court operates effectively within a broader legal framework, while maintaining fair compensation for its judges. The Act also includes provisions to preserve existing arrangements with host jurisdictions that were established under the repealed subsections, ensuring continuity in the court's operations.
Scope and Application
The Norfolk Island Amendment (Supreme Court) Act 2020 is an Act of the Parliament of Australia that amends the Norfolk Island Act 1979 to adjust the legal framework governing the Supreme Court of Norfolk Island. This Act applies to the Norfolk Island Act 1979, which is a Commonwealth Act, and to any existing arrangements that were entered into under repealed subsections of the Norfolk Island Act 1979, provided these arrangements remain in force. It aims to redefine the term 'host jurisdiction', modify the remuneration of Judges, and allow for the continuation of existing arrangements with host jurisdictions for the effective application of the Supreme Court’s criminal and civil jurisdictions. The Act also specifies that certain amendments do not diminish the remuneration of Judges currently in office. The Act applies to Norfolk Island, a territory of Australia, and its provisions commenced on 8 September 2020. The Act does not explicitly provide for extensions or restrictions of application through subordinate instruments, but it does specify that certain repealed subsections are still considered valid if related arrangements remain in force.
Key Provisions
The Norfolk Island Amendment (Supreme Court) Act 2020 primarily focuses on amending the Norfolk Island Act 1979 to adjust the framework for the Supreme Court's operations on Norfolk Island. Section 1 of the Act specifies that it is to be referred to as the Norfolk Island Amendment (Supreme Court) Act 2020. The Act came into effect on the day after receiving Royal Assent, which was 8 September 2020. The amendments outlined in the Act are detailed in Schedule 1, which modifies various subsections of the Norfolk Island Act 1979.
The operative sections of the Act include amendments to the definition of 'host jurisdiction' in subsection 4(1), the remuneration of judges under section 56, and the arrangements with host jurisdictions under subsections 60B(1) and 60P(1). The definition of 'host jurisdiction' now includes a State, the Australian Capital Territory, and the Northern Territory. Section 56 revises the salary and allowances for judges, ensuring they receive remuneration equivalent to that of judges in other courts. Subsections 60B(1) and 60P(1) permit the Commonwealth to enter into arrangements with host jurisdictions to facilitate the effective application of the Supreme Court's criminal and civil jurisdiction, respectively.
The Act imposes several obligations on parties and entities it governs. For instance, it requires the Commonwealth to engage in arrangements with host jurisdictions to ensure the effective application of the Supreme Court's jurisdiction on Norfolk Island. Furthermore, it mandates that judges be remunerated in accordance with their roles in other courts to maintain consistency in their remuneration. The Act also ensures that any amendments concerning judges' remuneration do not diminish their current remuneration during their continuance in office.
In terms of offences and penalties, the Act itself does not explicitly detail specific offences or penalties for breaches of its provisions. However, any breach of the Norfolk Island Act 1979, as amended by this Act, could lead to civil or criminal consequences depending on the nature of the breach. For example, failure to adhere to the remuneration provisions could result in legal action seeking to enforce the stipulated allowances. The maximum penalties for breaches of the Norfolk Island Act 1979 would be determined by the specific provisions of that Act and any relevant legislation pertaining to the enforcement of judicial remuneration and jurisdictional arrangements.