EXPLANATORY STATEMENT

 

Select Legislative Instrument 2005 No. 226

 

Issued by the Authority of the Minister for Local Government, Territories and Roads

 

Norfolk Island Act 1979

 

Norfolk Island (Supreme Court Sittings) Amendment Regulations 2005 (No. 1)

 

Paragraph 67(1)(a) of the Norfolk Island Act 1979 (the Act) provides that the Governor-General may make regulations making provision for and in relation to sittings of the Supreme Court in a State or Territory other than Norfolk Island for the purpose of hearing and determining a matter, otherwise than in the exercise of its criminal jurisdiction, if a Judge is satisfied that the hearing of the matter outside the Territory of Norfolk Island is not contrary to interests of justice.

 

The Norfolk Island (Supreme Court Sittings) Regulations (the Principal Regulations) currently provide that the Supreme Court of Norfolk Island may only sit in Norfolk Island, New South Wales, Victoria or the Australian Capital Territory.  The purpose of the amendments to the Principal Regulation is to permit the Supreme Court to sit, in the exercise of its civil jurisdiction, in any Australian State or self-governing Territory.

 

The amendments were requested by the Chief Minister of Norfolk Island,

the Hon Geoff Gardner MLA, in his letter to the Minister for Local Government, Territories and Roads, the Hon Jim Lloyd MP of 11 February 2005.  Minor administrative amendments are also included in the Amendment Regulations.

 

Details of the Amendment Regulations are as follows:

 

Section 1 -- Name of Regulations

 

This section provides that the title of the Regulations is the Norfolk Island (Supreme Court Sittings) Regulations 2005 (No. 1).

 

Section 2 -- Commencement

 

This section provides for the Regulations to commence on the day after they are registered.

 

Section 3 -- Amendments

 

This section provides that the Norfolk Island (Supreme Court Sittings) Regulations are amended as set out in the Schedule.

 

 

 

 

 

Schedule 1 - Amendments

 

Item [1] -- Regulation 1

 

This item substitutes a new regulation 1 into the Regulations, so as to change the name of the Regulations from the Norfolk Island (Supreme Court Sittings) Regulations to the Norfolk Island (Supreme Court Sittings) Regulations 1979.

 

Item [2] -- After Regulation 2

 

This item inserts a new regulation 2A which defines 'self-governing Territory' as the Australian Capital Territory or the Northern Territory.

 

Item [3] -- Subregulations 3(1) and (2)

 

This item substitutes new subregulations 3(1) and 3(2).  Existing subregulation 3(1) allows for the Supreme Court of Norfolk Island to 'sit in the State of New South Wales, the State of Victoria or the Australian Capital Territory for the purpose of hearing and determining a matter otherwise than in the exercise of its criminal jurisdiction if a Judge is satisfied that the hearing of the matter outside Norfolk Island is not contrary to the interests of justice'.  The words 'the State of New South Wales, the State of Victoria or the Australian Capital Territory' is replaced by 'any State or self-governing Territory'.  Existing subreguation 3(2) is amended in the same manner, to allow sittings of the Supreme Court outside Norfolk Island at a place in any State or self-governing Territory, and at a time, that a Judge thinks fit.

 

Item [4] -- Subregulation 3(5)

 

This item omits the words 'ouside Norfolk Island' and inserts the words 'outside Norfolk Island' in order to correct a spelling error.