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;

(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 1913–1935 made by sub-section (1.) of this section does not apply in relation to an Ordinance made before the commencement of this Act.