Commonwealth: Territories Legislation Amendment Act 2020 (Cth)

Territories Legislation Amendment Act 2020 No. 154, 2020 Compilation No. 1 Compilation date: 15 September 2021 Registered: 15 September 2021 This compilation only includes an editorial change About this compilation This compilation This is a compilation of the Territories Legislation Amendment Act 2020 that shows the text of the law as amended and in force on 15 September 2021 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self-repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendments of Territory Acts Part 1—Applied laws, delegations and other matters Division 1—Amendments Christmas Island Act 1958 Cocos (Keeling) Islands Act 1955 Norfolk Island Act 1979 Division 2—Application, saving and transitional provisions Part 2—Jurisdiction of Norfolk Island courts Division 1—Main amendments Norfolk Island Act 1979 Division 2—Consequential amendments Coral Sea Islands Act 1969 Criminal Code Act 1995 Designs Act 2003 Environment Protection (Sea Dumping) Act 1981 Fisheries Management Act 1991 Olympic Insignia Protection Act 1987 Patents Act 1990 Trade Marks Act 1995 Division 3—Application, saving and transitional provisions Part 3—Supreme Court of Norfolk Island Division 1—Amendments Norfolk Island Act 1979 Division 2—Application, saving and transitional provisions Schedule 2—Amendments of Treasury Acts Part 1—Acts administered by ASIC Division 1—Acts administered by ASIC: amendments ASIC Supervisory Cost Recovery Levy Act 2017 ASIC Supervisory Cost Recovery Levy (Collection) Act 2017 Australian Securities and Investments Commission Act 2001 Corporations Act 2001 National Consumer Credit Protection Act 2009 Division 2—Acts administered by ASIC: application, saving and transitional provisions Australian Securities and Investments Commission Act 2001 Corporations Act 2001 National Consumer Credit Protection (Transitional and Consequential Provisions) Act 2009 Part 2—Other Treasury Acts Competition and Consumer Act 2010 Cross‑Border Insolvency Act 2008 Part 3—Contingent amendments National Consumer Credit Protection Act 2009 Schedule 3—Amendments of Attorney‑General's Department Acts Part 1—Bankruptcy Division 1—Amendments Bankruptcy Act 1966 Division 2—Application, saving and transitional provisions Part 2—Freedom of information Division 1—Amendments Freedom of Information Act 1982 Division 2—Application, saving and transitional provisions Part 3—Privacy Division 1—Amendments Privacy Act 1988 Division 2—Application, saving and transitional provisions Part 4—Other Attorney‑General's Department Acts Division 1—Amendments Administrative Decisions (Judicial Review) Act 1977 Criminal Code Act 1995 Division 2—Application, saving and transitional provisions Schedule 4—Amendments of other Acts Part 1—Broadcasting services Division 1—Amendments Broadcasting Services Act 1992 Division 2—Application, saving and transitional provisions Part 2—Other Acts Copyright Act 1968 Education Services for Overseas Students Act 2000 Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history Endnote 5—Editorial changes An Act to amend the law relating to Territories, and for related purposes 1 Short title This Act is the Territories Legislation Amendment 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. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 17 December 2020 2. Schedule 1, Parts 1 and 2 The day after this Act receives the Royal Assent. 18 December 2020 3. Schedule 1, Part 3 A single day to be fixed by Proclamation. However, the Proclamation must not specify a day that occurs before the later of: (a) the first day on which no person holds office as a Judge of the Supreme Court of Norfolk Island; and (b) the day a State or Territory is prescribed by the regulations for the purposes of subsection 60AA(1) of the Norfolk Island Act 1979. 4. Schedule 2, Part 1, Division 1 The later of: 2 August 2021 (a) the first Monday to occur after the end of the period of 6 months after the day this Act receives the Royal Assent; and (paragraph (b) applies) (b) 2 August 2021. 5. Schedule 2, Part 1, Division 2 The day after this Act receives the Royal Assent. 18 December 2020 6. Schedule 2, Part 2 The day after this Act receives the Royal Assent. 18 December 2020 7. Schedule 2, Part 3 The later of: 1 September 2021 (a) immediately after the commencement of the provisions covered by table item 4; and (paragraph (b) applies) (b) immediately after the commencement of Schedule 2 to the Federal Circuit and Family Court of Australia (Consequential Amendments and Transitional Provisions) Act 2021. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 8. Schedule 3, Part 1 The later of: 2 August 2021 (a) the first Monday to occur after the end of the period of 6 months after the day this Act receives the Royal Assent; and (paragraph (b) applies) (b) 2 August 2021. 9. Schedule 3, Parts 2 and 3 A day or days to be fixed by Proclamation. 17 June 2021 However, if any of the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 10. Schedule 3, Part 4 The day after this Act receives the Royal Assent. 18 December 2020 11. Schedule 4, Part 1 The day after the end of the period of 6 months beginning on the day this Act receives the Royal Assent. 17 June 2021 12. Schedule 4, Part 2 The day after this Act receives the Royal Assent. 18 December 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 of Territory Acts Part 1—Applied laws, delegations and other matters Division 1—Amendments Christmas Island Act 1958 1 Subsection 4(1) Insert: amended: for when an applied Western Australian law is amended, see subsection 8GA(4). applied Western Australian law means a Western Australian law as in force in the Territory under section 8A. authority includes a body corporate, or an unincorporated body, established for a public purpose. 2 Subsection 4(1) (definition of jurisdiction) Omit "or functions". 3 Subsection 4(1) Insert: power includes a function or duty, and, in that context exercise means perform. Western Australian law: see subsection 8A(6). 4 Section 7 Omit "On", substitute "(1) On". 5 Paragraph 7(d) Repeal the paragraph, substitute: (d) applied Western Australian laws. 6 At the end of section 7 Add: (2) To avoid doubt, subsection (1) does not prevent any other law, including a law of a State, from applying in the Territory of its own force. 7 Subsection 8A(1) Omit "the provisions of the law of Western Australia (whether made before or after this section's commencement) as in force in Western Australia from time to time", substitute "Western Australian laws". 8 At the end of subsection 8A(1) Add: Note: A Western Australian law as in force in the Territory under this section is an applied Western Australian law (see the definition in subsection 4(1)). 9 Subsection 8A(6) Repeal the subsection, substitute: (6) A Western Australian law: (a) is a law in force in Western Australia from time to time; and (b) includes a principle or rule of common law or equity that is part of the law of Western Australia; and (c) does not include: (i) a Commonwealth Act or a provision of a Commonwealth Act; or (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument. 10 Section 8G (heading) Omit "and functions". 11 Subsections 8G(1) and (2) Repeal the subsections, substitute: (1) If, by an applied Western Australian law, a power is vested in: (a) a Minister of Western Australia; or (b) the Governor of Western Australia; or (c) the Governor‑in‑Council of Western Australia; that power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c) of this subsection. (2) If: (a) by an applied Western Australian law, a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia); and (b) subsection (1) does not apply to that power; the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a) of this subsection. (2A) To avoid doubt, a reference in subsection (1) or (2) to a power vested in a person or authority by an applied Western Australian law does not include a reference to a power so vested, whether directly or indirectly, because of an Ordinance made for the purposes of subsection 8A(2). Note: Under subsection 8A(2), an Ordinance may provide for the incorporation, amendment or repeal of an applied Western Australian law. 12 Paragraph 8G(3)(a) Omit "specified". 13 Paragraph 8G(3)(b) Omit "specified person", substitute "person or authority". 14 Subsections 8G(4) to (6) Repeal the subsections, substitute: (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified: (a) in the direction or delegation; or (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the Minister. (5) A person or authority in whom a power is vested by a direction under paragraph (3)(a) may delegate the power, in writing, to another person or authority: (a) if authorised to do so by the direction; or (b) in the case of a deemed direction under subsection (5A) or (5B)—if authorised to do so, in writing, by the Minister. Deemed vesting of powers—Western Australian persons and authorities exercising powers in Christmas Island (5A) If a power is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in another person or authority in the circumstances that: (a) the person or authority is subject to an arrangement under section 8H and is: (i) an officer or employee of Western Australia; or (ii) an authority established by or under a Western Australian law; or (iii) an officer or employee of such an authority; and (b) the power corresponds to a power that the person or authority is authorised, under a Western Australian law, to exercise in, or in a part of, Western Australia: (i) whether in the person's or authority's own right; or (ii) whether in the capacity of a delegate; or (iii) whether in any other way. Deemed vesting of powers—other persons and authorities exercising powers in Christmas Island (5B) If a power mentioned in column 1 of an item of the following table is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in a person or authority mentioned in column 2 of the item. Deemed vesting of powers—other persons and authorities exercising powers in Christmas Island Item Column 1 Column 2 1 A power that corresponds to a power vested by a Western Australian law in a police force (however described) The Australian Federal Police 2 A power that corresponds to a power vested by a Western Australian law in a police officer (however described) holding, occupying or exercising the powers of a particular kind of office or position A member or special member of the Australian Federal Police holding, occupying or exercising the powers of a corresponding office or position in the Territory 3 A power that corresponds to a power vested by a Western Australian law in a body (a local government body) responsible for local government under such a law The Christmas Island Shire 4 A power that corresponds to a power vested by a Western Australian law in a person holding, occupying or exercising the powers of a particular kind of office or position on or with a local government body A person holding, occupying or exercising the powers of a corresponding office or position on or with the Christmas Island Shire 5 A power that corresponds to a power, vested by a Western Australian law, that is prescribed by an Ordinance for the purposes of this item A person or authority prescribed by that Ordinance (6) The Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power. 15 Subsection 8G(9) Repeal the subsection, substitute: (9) The validity of the exercise of a power under an applied Western Australian law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person or authority exercising that power under a Western Australian law. 16 After subsection 8G(10) Insert: (10A) Subject to any direction or delegation under this section, if a power vested by an applied Western Australian law in a person or authority (the first mentioned person or authority) is vested in another person or authority under this section, each reference in any applied Western Australian law to the first mentioned person or authority is taken to include a reference to the other person or authority. 17 Subsection 8G(12) Repeal the subsection. 18 After section 8G Insert: 8GA Applied Western Australian laws—effect of directions or delegations Scope (1) This section applies if: (a) the Minister directs, under paragraph 8G(3)(a), that all the powers of a person or authority (the first mentioned person or authority) under an applied Western Australian law are vested in another person or authority; or (b) the Minister delegates to a person or authority, under paragraph 8G(3)(b), all the powers of a person or authority (also the first mentioned person or authority) under an applied Western Australian law; or (c) a person or authority delegates to another person or authority, under subsection 8G(5), all of the powers of a person or authority (also the first mentioned person or authority) under an applied Western Australian law. Addition of powers (2) If: (a) the applied Western Australian law is amended to give the first mentioned person or authority one or more additional powers under the law; and (b) the direction or delegation is in force immediately before the amendment takes effect; then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers. Alteration of powers (3) If: (a) the applied Western Australian law is amended to alter the scope of one or more of the powers of the first mentioned person or authority under the law; and (b) the direction or delegation is in force immediately before the amendment takes effect; then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered. Amendments of applied Western Australian laws (4) An applied Western Australian law is amended if: (a) the law is amended by an Ordinance; or (b) the corresponding Western Australian law is amended. 19 Subsection 8H(2) Omit "or the performance of functions or duties". 20 Paragraphs 8H(2)(b) and (c) Omit "(within the meaning of section 8G)", substitute "established under a Western Australian law". 21 Paragraph 10D(1A)(b) Omit "a Western Australian law as in force in the Territory under section 8A", substitute "an applied Western Australian law". 22 Paragraph 11A(b) Omit "or duty". 23 Paragraph 11A(b) Omit "or the performance of that duty". 24 Paragraph 14E(c) Omit "or power". 25 Subparagraphs 14E(d)(i) and (ii) and (e)(i) and (ii) Omit "and functions". 26 After section 22 Insert: 22A Ordinances—incorporation of matters by reference (1) Despite subsection 14(2) of the Legislation Act 2003, an Ordinance, or a law made under such an Ordinance, may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a provision of a Western Australian law (whether or not the law is an applied Western Australian law), as in force at a particular time or as in force from time to time. (2) Subsection (1) applies to a provision of a Western Australian law that is not an Act of the Western Australian Parliament only if the provision is subject to disallowance (however described) in Western Australia. Cocos (Keeling) Islands Act 1955 27 Subsection 4(1) Insert: amended: for when an applied Western Australian law is amended, see subsection 8GA(4). applied Western Australian law means a Western Australian law as in force in the Territory under section 8A. authority includes a body corporate, or an unincorporated body, established for a public purpose. 28 Subsection 4(1) (definition of jurisdiction) Omit "or functions". 29 Subsection 4(1) Insert: power includes a function or duty, and, in that context, exercise means perform. Western Australian law: see subsection 8A(6). 30 Section 7A Omit "On", substitute "(1) On". 31 Paragraph 7A(d) Repeal the paragraph, substitute: (d) applied Western Australian laws. 32 At the end of section 7A Add: (2) To avoid doubt, subsection (1) does not prevent any other law, including a law of a State, from applying in the Territory of its own force. 33 Subsection 8A(1) Omit "the provisions of the law of Western Australia (whether made before or after this section's commencement) as in force in Western Australia from time to time", substitute "Western Australian laws". 34 At the end of subsection 8A(1) Add: Note: A Western Australian law as in force in the Territory under this section is an applied Western Australian law (see the definition in subsection 4(1)). 35 Subsection 8A(6) Repeal the subsection, substitute: (6) A Western Australian law: (a) is a law in force in Western Australia from time to time; and (b) includes a principle or rule of common law or equity that is part of the law of Western Australia; and (c) does not include: (i) a Commonwealth Act or a provision of a Commonwealth Act; or (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument. 36 Section 8G (heading) Omit "and functions". 37 Subsections 8G(1) and (2) Repeal the subsections, substitute: (1) If, by an applied Western Australian law, a power is vested in: (a) a Minister of Western Australia; or (b) the Governor of Western Australia; or (c) the Governor‑in‑Council of Western Australia; that power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a), (b) or (c) of this subsection. (2) If: (a) by an applied Western Australian law, a power is vested in a person (other than a court officer of Western Australia) or an authority (other than a court of Western Australia); and (b) subsection (1) does not apply to that power; the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a) of this subsection. (2A) To avoid doubt, a reference in subsection (1) or (2) to a power vested in a person or authority by an applied Western Australian law does not include a reference to a power so vested, whether directly or indirectly, because of an Ordinance made for the purposes of subsection 8A(2). Note: Under subsection 8A(2), an Ordinance may provide for the incorporation, amendment or repeal of a law in force in the Territory under section 8A. 38 Paragraph 8G(3)(a) Omit "specified". 39 Paragraph 8G(3)(b) Omit "specified person", substitute "person or authority". 40 Subsections 8G(4) to (6) Repeal the subsections, substitute: (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified: (a) in the direction or delegation; or (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the Minister. (5) A person or authority in whom a power is vested by a direction under paragraph (3)(a) may delegate the power, in writing, to another person or authority: (a) if authorised to do so by the direction; or (b) in the case of a deemed direction under subsection (5A) or (5B)—if authorised to do so, in writing, by the Minister. Deemed vesting of powers—Western Australian persons and authorities exercising powers in Cocos (Keeling) Islands (5A) If a power is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in another person or authority in the circumstances that: (a) the person or authority is subject to an arrangement under section 8H and is: (i) an officer or employee of Western Australia; or (ii) an authority established by or under a Western Australian law; or (iii) an officer or employee of such an authority; and (b) the power corresponds to a power that the person or authority is authorised, under a Western Australian law, to exercise in, or in a part of, Western Australia: (i) whether in the person's or authority's own right; or (ii) whether in the capacity of a delegate; or (iii) whether in any other way. Deemed vesting of powers—other persons and authorities exercising powers in Cocos (Keeling) Islands (5B) If a power mentioned in column 1 of an item of the following table is vested in the Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in a person or authority mentioned in column 2 of the item. Deemed vesting of powers—other persons and authorities exercising powers in Cocos (Keeling) Islands Item Column 1 Column 2 1 A power that corresponds to a power vested by a Western Australian law in a police force (however described) The Australian Federal Police 2 A power that corresponds to a power vested by a Western Australian law in a police officer (however described) holding, occupying or exercising the powers of a particular kind of office or position A member or special member of the Australian Federal Police holding, occupying or exercising the powers of a corresponding office or position in the Territory 3 A power that corresponds to a power vested by a Western Australian law in a body (a local government body) responsible for local government under such a law The Cocos (Keeling) Islands Shire 4 A power that corresponds to a power vested by a Western Australian law in a person holding, occupying or exercising the powers of a particular kind of office or position on or with a local government body A person holding, occupying or exercising the powers of a corresponding office or position on or with the Cocos (Keeling) Islands Shire 5 A power that corresponds to a power, vested by a Western Australian law, that is prescribed by an Ordinance for the purposes of this item A person or authority prescribed by that Ordinance (6) The Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power. 41 Subsection 8G(9) Repeal the subsection, substitute: (9) The validity of the exercise of a power under an applied Western Australian law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person or authority exercising that power under a Western Australian law. 42 After subsection 8G(10) Insert: (10A) Subject to any direction or delegation made under this section, if a power vested by an applied Western Australian law in a person or authority (the first mentioned person or authority) is vested in another person or authority under this section, each reference in any applied Western Australian law to the first mentioned person or authority is taken to include a reference to the other person or authority. 43 Subsection 8G(12) Repeal the subsection. 44 After section 8G Insert: 8GA Applied Western Australian laws—effect of directions or delegations Scope (1) This section applies if: (a) the Minister directs, under paragraph 8G(3)(a), that all the powers of a person or authority (the first mentioned person or authority) under an applied Western Australian law are vested in another person or authority; or (b) the Minister delegates to a person or authority, under paragraph 8G(3)(b), all the powers of a person or authority (also the first mentioned person or authority) under an applied Western Australian law; or (c) a person or authority delegates to another person or authority, under subsection 8G(5), all of the powers of a person or authority (also the first mentioned person or authority) under an applied Western Australian law. Addition of powers (2) If: (a) the applied Western Australian law is amended to give the first mentioned person or authority one or more additional powers under the law; and (b) the direction or delegation is in force immediately before the amendment takes effect; then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers. Alteration of powers (3) If: (a) the applied Western Australian law is amended to alter the scope of one or more of the powers of the first mentioned person or authority under the law; and (b) the direction or delegation is in force immediately before the amendment takes effect; then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered. Amendments of applied Western Australian laws (4) An applied Western Australian law is amended if: (a) the applied Western Australian law is amended by an Ordinance; or (b) the corresponding Western Australian law is amended. 45 Subsection 8H(2) Omit "or the performance of functions or duties". 46 Paragraphs 8H(2)(b) and (c) Omit "(within the meaning of section 8G)", substitute "established under a Western Australian law". 47 Paragraph 13D(1A)(b) Omit "a Western Australian law as in force in the Territory under section 8A", substitute "an applied Western Australian law". 48 Subparagraphs 15AAE(c)(i) and (ii) and (d)(i) and (ii) Omit "and functions". 49 Paragraph 15AAE(f) Omit "or duties". 50 Paragraph 16(1)(c) Omit "or duty". 51 Paragraph 16(1)(c) Omit ", or the performance of the duty,". 52 After section 19 Insert: 19A Ordinances—incorporation of matters by reference (1) Despite subsection 14(2) of the Legislation Act 2003, an Ordinance, or a law made under such an Ordinance, may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a provision of a Western Australian law (whether or not the law is an applied Western Australian law), as in force at a particular time or as in force from time to time. (2) Subsection (1) applies to a provision of a Western Australian law that is not an Act of the Western Australian Parliament only if the provision is subject to disallowance (however described) in Western Australia. Norfolk Island Act 1979 53 Subsection 4(1) Insert: amended: for when an applied law is amended, see subsection 18E(4). applied law means: (a) an applied State law; or (b) an applied Territory law. applied law jurisdiction: see section 5. applied State law means a law of an applied law jurisdiction that is a State, as in force in Norfolk Island under section 18A. applied Territory law means a law of an applied law jurisdiction that is a Territory, as in force in Norfolk Island under section 18A. authority includes a body corporate, or an unincorporated body, established for a public purpose. 54 Subsection 4(1) Repeal the following definitions: (a) definition of court officer of New South Wales; (b) definition of court of New South Wales. 55 Subsection 4(1) Insert: court officer, of a State or Territory that is an applied law jurisdiction, means a person holding, occupying or exercising the powers of: (a) any of the following offices in a court of that jurisdiction: (i) Judge; (ii) Magistrate (however described); (iii) Master; (iv) Registrar (however described); (v) Clerk (however described); (vi) Sheriff (however described); (vii) Bailiff (however described); or (b) any other office, prescribed by the regulations for the purposes of this paragraph, of a court of that jurisdiction. law of an applied law jurisdiction: see subsection 18A(6). Norfolk Island: see the definition of Territory. power includes a function or duty, and, in that context, exercise means perform. 56 Subsection 4(1) (definition of Territory) Repeal the definition, substitute: Territory, or Norfolk Island, means the Territory of Norfolk Island and, when used in a geographical sense, means the area described in Schedule 1. 57 At the end of Part I Add: 5 Meaning of applied law jurisdiction (1) Subject to any regulations made for the purposes of paragraph (2)(b), each of the following States or Territories is an applied law jurisdiction: (a) New South Wales; (b) a State or Territory (if any) prescribed for the purposes of paragraph (2)(a). (2) The regulations may provide for: (a) a State or Territory (other than Norfolk Island) to be an applied law jurisdiction; or (b) a State (including New South Wales) or a Territory to stop being an applied law jurisdiction. (3) Without limiting subsection (2), the regulations may prescribe matters of a transitional nature (including any saving or application provisions) relating to regulations made for the purposes of paragraph (2)(b). 58 Section 15 Omit "After the final transition time, the", substitute "(1) The". 59 Paragraph 15(e) Repeal the paragraph, substitute: (e) applied laws. 60 At the end of section 15 Add: (2) To avoid doubt, subsection (1) does not prevent any other law, including a law of a State or of another Territory, from applying in the Territory of its own force. 61 Section 18A Repeal the section, substitute: 18A Application of laws of applied law jurisdictions (1) Subject to this section and sections 18B and 18D, the laws of an applied law jurisdiction are in force in Norfolk Island. (2) To the extent that a law is in force in Norfolk Island under subsection (1) it may be incorporated, amended or repealed by a section 19A Ordinance or a law made under a section 19A Ordinance. (3) A section 19A Ordinance may suspend the operation in Norfolk Island of a law in force in Norfolk Island under subsection (1) for such period as is specified in the Ordinance. (4) To the extent that a law of an applied law jurisdiction is in force in Norfolk Island under subsection (1), it has no effect to the extent that it is inconsistent with: (a) the Constitution; or (b) an Act; or (c) an enactment; or (d) a law of another applied law jurisdiction in force in Norfolk Island under this section that has a higher order of priority under regulations made for the purposes of this paragraph. (5) For the purposes of subsection (4), a law of an applied law jurisdiction (the first applied law) is taken to be consistent with any of the following other laws: (a) an Act; (b) an enactment; (c) a law of another applied law jurisdiction; to the extent that the first applied law is capable of operating concurrently with the other law. (6) A law of an applied law jurisdiction: (a) is a law in force in an applied law jurisdiction from time to time; and (b) includes a principle or rule of common law or equity that is part of the law of that jurisdiction; and (c) does not include: (i) a Commonwealth Act or a provision of a Commonwealth Act; or (ii) an instrument (however described) made under a Commonwealth Act, or a provision of such an instrument. 62 Section 18B (heading) Repeal the heading, substitute: 18B Powers under applied State laws 63 Subsections 18B(1) and (2) Repeal the subsections, substitute: Vesting of powers (1) If, by an applied State law, a power is vested in: (a) a Minister of the State; or (b) the Governor of the State; or (c) the Governor‑in‑Council of the State; that power is, in relation to Norfolk Island, vested in the responsible Commonwealth Minister instead of the person or authority mentioned in paragraph (a), (b) or (c) of this subsection. (2) If: (a) by an applied State law, a power is vested in a person (other than a court officer of the State) or an authority (other than a court of the State); and (b) subsection (1) does not apply to that power; the power is, in relation to Norfolk Island, vested in the responsible Commonwealth Minister instead of the person or authority mentioned in paragraph (a) of this subsection. (2A) To avoid doubt, a reference in subsection (1) or (2) to a power vested in a person or authority by an applied State law does not include a reference to a power so vested, whether directly or indirectly, because of a section 19A Ordinance made for the purposes of subsection 18A(2). Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied State law. 64 Paragraph 18B(3)(a) Omit "specified". 65 Paragraph 18B(3)(b) Omit "specified person", substitute "person or authority". 66 Subsections 18B(4) to (6) Repeal the subsections, substitute: (4) A direction or delegation under subsection (3) is subject to such conditions as may be specified: (a) in the direction or delegation; or (b) in the case of a deemed direction under subsection (5A) or (5B)—in writing, by the responsible Commonwealth Minister. (5) A person or authority in whom a power is vested by a direction under paragraph (3)(a) may delegate the power, in writing, to another person or authority: (a) if authorised to do so by the direction; or (b) in the case of a deemed direction under subsection (5A) or (5B)—if authorised to do so, in writing, by the responsible Commonwealth Minister. Deemed vesting of powers—State persons and authorities exercising powers in Norfolk Island (5A) If a power under an applied State law is vested in the responsible Commonwealth Minister under paragraph (1)(a) or subsection (2), that Minister is taken to have directed under paragraph (3)(a) that the power is also vested in another person or authority in the circumstances that: (a) the person or authority is subject to an arrangement under section 18C with the State and is: (i) an officer or employee of the State; or (ii) an authority established by or under a law of the State; or (iii) an officer or employee of such an authority; and (b) the power corresponds to a power that the person or authority is authorised, under a law of the State, to exercise in, or in a part of, the State: (i) whether in the person's or authority's own right; or (ii) whether in the capacity of a delegate; or (iii) whether in any other way. Deemed vesting of powers—Norfolk Island persons and authorities (5B) If a power under an applied State law mentioned in column 1 of an item of the following table is vested in the responsible Commonwealth Minister under paragraph (1)(a) or subsection (2), the Minister is taken to have directed under paragraph (3)(a) that the power is also vested in a person or authority mentioned in column 2 of the item. Deemed vesting of powers—Norfolk Island persons and authorities Item Column 1 Column 2 1 A power that corresponds to a power vested by a law of the State in a police force (however described) The Australian Federal Police 2 A power that corresponds to a power vested by a law of the State in a police officer (however described) holding, occupying or exercising the powers of a particular kind of office or position Both of the following: (a) a member of the Police Force of Norfolk Island holding, occupying or exercising the powers of a corresponding office or position; (b) a member or special member of the Australian Federal Police holding, occupying or exercising the powers of a corresponding office or position in Norfolk Island 3 A power that corresponds to a power vested by a law of the State in a body (a local government body) responsible for local government under such a law The Norfolk Island Regional Council 4 A power that corresponds to a power vested by a law of the State in a person holding, occupying or exercising the powers of a particular kind of office or position on or with a local government body A person holding, occupying or exercising the powers of a corresponding office or position on or with the Norfolk Island Regional Council 5 A power that corresponds to a power, vested by a law of the State, that is prescribed by an Ordinance for the purposes of this item A person or authority prescribed by that Ordinance (6) The responsible Commonwealth Minister may, in writing, direct that subsection (5A) or (5B) does not apply to a specified power. 67 Subsections 18B(9) to (12) Repeal the subsections, substitute: (9) The validity of the exercise of a power under an applied State law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person or authority exercising that power under a law of the State. (10) This section does not affect the operation of section 18A in relation to the application in or in relation to Norfolk Island of a law (a subordinate law) made under a law of an applied law jurisdiction (whether the subordinate law is made before or after the final transition time). (11) Subject to any direction or delegation made under this section, if a power vested by an applied State law in a person or authority (the first mentioned person or authority) is vested in another person or authority under this section, each reference in any applied State law of that State to the first mentioned person or authority is taken to include a reference to the other person or authority. (12) A reference in this section to a law of a State that is an applied law jurisdiction is taken to be a reference to a law of the applied law jurisdiction (within the meaning of subsection 18A(6)). Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction. (13) An instrument under this section is not a legislative instrument. 68 Section 18C (heading) Repeal the heading, substitute: 18C Arrangements with the Government of a State 69 Subsection 18C(1) Omit "New South Wales", substitute "a State". 70 Subsection 18C(1) Omit "the Territory", substitute "Norfolk Island". 71 Subsection 18C(2) Repeal the subsection, substitute: (2) Without limiting the generality of subsection (1), such an arrangement may provide for the exercise of powers in, or in relation to, Norfolk Island by: (a) an officer or employee of the State; or (b) an authority established by or under a law of the State; or (c) an officer or employee of an authority established by or under a law of the State. 72 At the end of Division 1 of Part IV Add: 18D Powers under applied Territory laws Vesting of powers (1) If, by an applied Territory law, a power is vested in: (a) a person (other than a court officer of that Territory); or (b) an authority (other than a court of that Territory); that power is vested in, and may be exercised by, that person or authority in relation to Norfolk Island. (2) A reference in subsection (1) to a power that is vested in a person or authority by an applied Territory law includes a reference to a power that is otherwise exercisable under that law (for example, under a delegation made under that law, or under an authorisation). (3) To avoid doubt, a reference in subsection (1) to a power vested in a person or authority by an applied Territory law does not include a reference to a power so vested, whether directly or indirectly, because of a section 19A Ordinance made for the purposes of subsection 18A(2). Note: Under subsection 18A(2), a section 19A Ordinance may provide for the incorporation, amendment or repeal of an applied Territory law. Vesting directions etc. (4) If a power under an applied Territory law is vested in a person or authority under subsection (1), the responsible Commonwealth Minister may, in writing, direct that the power is, in relation to Norfolk Island: (a) also vested in a person or authority (which may be that Minister); or (b) vested instead in another person or authority (which may be that Minister). (5) A direction under subsection (4) is subject to such conditions as may be specified in the direction. (6) A person or authority in whom a power is vested by a direction under subsection (4) may, if authorised by the direction, delegate the power, in writing, to another person or authority. Effect of solely vesting powers in other persons or authorities (7) If the responsible Commonwealth Minister gives a direction under paragraph (4)(b) in relation to a power, the power stops being vested in relation to Norfolk Island under subsection (1) at the start of the day after the direction is given. Other matters (8) An instrument under this section may identify a power by reference to a class of powers. (9) The validity of the exercise of a power under an applied Territory law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person or authority exercising that power under a law of that Territory. (10) This section does not affect the operation of section 18A in relation to the application in or in relation to Norfolk Island of a law (a subordinate law) made under a law of an applied law jurisdiction (whether the subordinate law is made before or after the commencement of this section). (11) Subject to any direction or delegation made under this section, if a power vested by an applied Territory law in a person or authority (the first mentioned person or authority) is vested in another person or authority under this section, each reference in any applied Territory law of that Territory to the first mentioned person or authority is taken to include a reference to the other person or authority. (12) A reference in this section to a law of a Territory that is an applied law jurisdiction is taken to be a reference to a law of the applied law jurisdiction (within the meaning of subsection 18A(6)). Note: Subsection 18A(6) gives an extended meaning to law of an applied law jurisdiction. (13) An instrument under this section is not a legislative instrument. 18E Applied laws—effect of directions and delegations Scope (1) This section applies if: (a) the responsible Commonwealth Minister directs, under paragraph 18B(3)(a) or subsection 18D(4), that all the powers of a person or authority (the first mentioned person or authority) under an applied law are vested in another person or authority; or (b) the responsible Commonwealth Minister delegates to a person or authority, under paragraph 18B(3)(b), all the powers of a person or authority (also the first mentioned person or authority) under an applied law; or (c) a person or authority delegates to another person or authority, under subsection 18B(5) or 18D(6), all the powers of a person or authority (also the first mentioned person or authority) under an applied law. Addition of powers (2) If: (a) the applied law is amended to give the first mentioned person or authority one or more additional powers under the law; and (b) the direction or delegation is in force immediately before the amendment takes effect; then, on and after the amendment taking effect, the direction or delegation is taken to include the additional powers. Alteration of powers (3) If: (a) the applied law is amended to alter the scope of one or more of the powers of the first mentioned person or authority under the law; and (b) the direction or delegation is in force immediately before the amendment takes effect; then, on and after the amendment taking effect, the direction or delegation is taken to include the powers as altered. Amendments of applied laws (4) An applied law is amended if: (a) the applied law is amended by a section 19A Ordinance; or (b) the corresponding law of the applied law jurisdiction is amended. 73 After section 66 Insert: 66A Ordinances—incorporation of matters by reference (1) Despite subsection 14(2) of the Legislation Act 2003, a section 19A Ordinance, or a law made under such an Ordinance, may make provision in relation to a matter by applying, adopting or incorporating, with or without modification, a provision of a law of an applied law jurisdiction (whether or not the law is an applied law), as in force at a particular time or as in force from time to time. (2) Subsection (1) applies to a provision of a law of an applied law jurisdiction that is not an Act of the Parliament of the applied law jurisdiction only if the provision is subject to disallowance (however described) in that jurisdiction. 74 Part IX Repeal the Part. Division 2—Application, saving and transitional provisions 75 Amendments relating to Christmas Island Application of amendments (1) Sections 8G and 8GA of the new law apply in relation to: (a) Western Australian laws, whether in force before or after the commencement time; and (b) applied Western Australian laws, whether in force before or after the commencement time; and (c) powers vested in a person or authority, whether vested before or after the commencement time; and (d) directions and delegations, whether made before or after the commencement time. Saving of certain delegations (2) Subject to subitem (3), a delegation made under subsection 8G(4) of the old law that was in force immediately before the commencement time continues in force, on and after that time, as if it had been made under subsection 8G(5) of the new law. Certain directions and delegations cease to have effect (3) A direction or delegation made under subsection 8G(3) or (4) of the old law that was in force immediately before the commencement time ceases to have effect if: (a) at the commencement time, the Minister is taken, under subsection 8G(5B) of the new law, to have directed that a power is also vested in a person or authority; and (b) the direction or delegation is in respect of that power. Arrangements with Western Australia (4) A reference in section 8G or 8H of the new law to an arrangement with Western Australia is taken, after the commencement time, to include a reference to an arrangement with Western Australia entered into under section 8H of the old law that was in force immediately before that time. Definitions (5) In this item: commencement time means the time this Part commences. new law means the Christmas Island Act 1958, as amended by Division 1 of this Part. old law means the Christmas Island Act 1958, as in force immediately before the commencement time. 76 Amendments relating to Cocos (Keeling) Islands Application of amendments (1) Sections 8G and 8GA of the new law apply in relation to: (a) Western Australian laws, whether in force before or after the commencement time; and (b) applied Western Australian laws, whether in force before or after the commencement time; and (c) powers vested in a person or authority, whether vested before or after the commencement time; and (d) directions and delegations, whether made before or after the commencement time. Saving of certain delegations (2) Subject to subitem (3), a delegation made under subsection 8G(4) of the old law that was in force immediately before the commencement time continues in force, on and after that time, as if it had been made under subsection 8G(5) of the new law. Certain directions and delegations cease to have effect (3) A direction or delegation made under subsection 8G(3) or (4) of the old law that was in force immediately before the commencement time ceases to have effect if: (a) at the commencement time, the Minister is taken, under subsection 8G(5B) of the new law, to have directed that a power is also vested in a person or authority; and (b) the direction or delegation is in respect of that power. Arrangements with Western Australia (4) A reference in section 8G or 8H of the new law to an arrangement with Western Australia is taken, after the commencement time, to include a reference to an arrangement with Western Australia entered into under section 8H of the old law that was in force immediately before that time. Definitions (5) In this item: commencement time means the time this Part commences. new law means the Cocos (Keeling) Islands Act 1955, as amended by Division 1 of this Part. old law means the Cocos (Keeling) Islands Act 1955, as in force immediately before the commencement time. 77 Amendments relating to Norfolk Island Application of amendments (1) Sections 18A to 18E of the new law apply in relation to: (a) laws of an applied law jurisdiction, whether in force before or after the commencement time; and (b) applied laws, whether in force before or after the commencement time; and (c) powers vested in a person or authority, whether vested before or after the commencement time; and (d) directions and delegations, whether made before or after the commencement time. Saving of Ordinances that incorporate, amend, repeal or suspend applied New South Wales laws (2) A section 19A Ordinance made for the purposes of subsection 18A(2) or (3) of the old law that was in force immediately before the commencement time continues in force, on and after that time, as if it had been made for the purposes of subsection 18A(2) or (3) (as applicable) of the new law. Saving of certain delegations (3) Subject to subitem (4), a delegation made under subsection 18B(4) of the old law that was in force immediately before the commencement time continues in force, on and after that time, as if it had been made under subsection 18B(5) of the new law. Certain directions and delegations cease to have effect (4) A direction or delegation made under subsection 18B(3) or (4) of the old law that was in force immediately before the commencement time ceases to have effect if: (a) at the commencement time, the Minister is taken, under subsection 18B(5B) of the new law, to have directed that a power is also vested in a person or authority; and (b) the direction or delegation is in respect of that power. Arrangements with New South Wales (5) A reference in section 18B or 18C of the new law to an arrangement with a State is taken, at and after the commencement time, to include a reference to an arrangement with New South Wales entered into under section 18C of the old law that was in force immediately before that time. Definitions (6) In this item: commencement time means the time this Part commences. new law means the Norfolk Island Act 1979, as amended by Division 1 of this Part. old law means the Norfolk Island Act 1979, as in force immediately before the commencement time. Part 2—Jurisdiction of Norfolk Island courts Division 1—Main amendments Norfolk Island Act 1979 78 Subsection 4(1) Insert: prescribed State or Territory means a State or Territory prescribed for the purposes of subsection 60AA(1). 79 Before section 52 Insert: Division 1—The Supreme Court of Norfolk Island 80 Before section 60 Insert: Division 2—Establishment of courts and tribunals 81 At the end of Part VII Add: Division 3—Conferral of jurisdiction on prescribed State or Territory courts 60AA Conferral of jurisdiction on prescribed State or Territory courts Conferral of jurisdiction (1) A State or a Territory (the prescribed State or Territory), other than Norfolk Island, may be prescribed by the regulations for the purposes of this subsection. (2) The courts of the prescribed State or Territory have jurisdiction (including appellate jurisdiction) to hear and determine matters arising under laws in force in Norfolk Island as if Norfolk Island were part of the prescribed State or Territory. Note: For the transfer of jurisdiction from the courts of Norfolk Island to the courts of the prescribed State or Territory, see Division 3 of Part 2 of Schedule 1 to the Territories Legislation Amendment Act 2020. Places at which court may sit (3) A court of the prescribed State or Territory may, in exercising jurisdiction under this section, sit in Norfolk Island or the prescribed State or Territory. Application of laws of procedure etc. in criminal proceedings (4) Section 68 of the Judiciary Act 1903 applies to a court exercising jurisdiction under this section in relation to a matter that concerns an offence as if: (a) a reference in that section to the laws of a State or Territory were a reference to the laws of the prescribed State or Territory; and (b) a reference in that section to offences against the laws of the Commonwealth were a reference to offences against the laws in force in Norfolk Island; and (c) a reference in that section to the conferral of jurisdiction on the courts of a State or Territory by that section were a reference to the conferral of jurisdiction on the courts of the prescribed State or Territory by this section; and (d) the reference in subsection (5A) of that section to another State (which includes a Territory) does not include a reference to Norfolk Island. State or Territory laws to govern where applicable (5) The laws of the prescribed State or Territory, including the laws relating to procedure, evidence and the competency of witnesses, are binding on all courts exercising jurisdiction under this section in that State or Territory, or in Norfolk Island, in all cases to which they are applicable. Other matters (6) This section is subject to: (a) the Constitution; and (b) any law in force in Norfolk Island. Note: Paragraph (6)(b) has the effect that subsections (3), (4) and (5) of this section are subject to the provisions of Part VIIA of this Act. (7) A suspension of a law under subsection 18A(4) does not, by virtue of that suspension alone, affect the application of that law under subsection (4) and (5) of this section. Division 2—Consequential amendments Coral Sea Islands Act 1969 82 Subsection 2(1) Insert: prescribed State or Territory has the meaning given by the Norfolk Island Act 1979. 83 Before subsection 8(1) Insert: (1A) Subject to subsection (3), the courts of the prescribed State or Territory also have jurisdiction in and in relation to the Territory. (1B) In the exercise of its jurisdiction under this section, a court of the prescribed State or Territory may sit in the Coral Sea Islands Territory, in Norfolk Island or in the prescribed State or Territory. 84 Subsection 8(1) After "subsection (3)", insert "of this section and Part VII of the Norfolk Island Act 1979". 85 Subsection 8(3) Omit "Subsection (1) does not confer jurisdiction on the courts of Norfolk Island", substitute "This section does not confer jurisdiction on any court". Criminal Code Act 1995 86 Dictionary in the Criminal Code (paragraphs (h) and (i) of the definition of Commonwealth judicial officer) Omit ", the Northern Territory or the Territory of Norfolk Island", substitute "or the Northern Territory". Designs Act 2003 87 At the end of section 84 Add: (3) This section, so far as it relates to the Supreme Court of Norfolk Island, has effect subject to section 60AA of the Norfolk Island Act 1979. Environment Protection (Sea Dumping) Act 1981 88 After subsection 33(4) Insert: (4A) This section, so far as it relates to the Supreme Court of Norfolk Island, has effect subject to section 60AA of the Norfolk Island Act 1979. Fisheries Management Act 1991 89 After subsect