Commonwealth Consolidated Acts Commonwealth Consolidated ActsVesting 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.
Delegation etc.
(3) If a power is vested in the responsible Commonwealth Minister under subsection ( 1) or (2), the Minister may, in writing:
(a) direct that the power is also vested in a person or authority; or
(b) delegate the power to a person or authority .
(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.
(7) A direction under subsection ( 6) may be unconditional or subject to such conditions (if any) as are specified in the direction.
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 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.