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.

Note: This table relates only to the provisions of this Act as originally enacted.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  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.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]