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 Self-repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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