Administration Act 1936 (NI)

NORFOLK ISLAND

Administration Act 1936

No. 14 of 1936

Compilation No. 1

Compilation date: 29 September 2018

Includes amendments up to: Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015)

NORFOLK ISLAND

ADMINISTRATION ACT 1936

TABLE OF PROVISIONS

Section Heading 1. Citation 2. Repeal 3. Amendments of Acts 4. Saving . . . . 8. Establishment of gaols 9. Regulations First Schedule Second Schedule

NORFOLK ISLAND

ADMINISTRATION ACT 1936 An Act relating to the Administration of Norfolk Island.

Citation 1. This Act may be cited as the Administration Act 1936. Repeal 2. The Law and Acts specified in the First Schedule are repealed. Amendments of Acts 3. The Laws and Acts specified in the first column of the Second Schedule are amended as respectively specified in the second column of that Schedule, and as so amended may be cited as specified in the third column of that Schedule. Saving 4. Any person appointed to and holding any office under any Law or Act repealed by this Act shall continue in that office as if he had been appointed under this Act.

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Establishment of gaols 8. (1) The Administrator may, by notice published in the Gazette — (a) subject to subsection 8(2), declare a building (including a part of a building) or any other place to be a gaol, prison or house of detention; (b) declare that a building (including a part of a building) or any other place shall cease to be a gaol, prison or house of detention, as the case may be, on a date specified in the notice; (c) appoint such gaolers or other officers as are necessary to ensure the security and well-being of the persons confined in a gaol, prison or house of detention; (d) suspend or remove a gaoler or other officer appointed under paragraph (c); or (e) determine, in relation to a specified gaol, prison or house of detention, the class or classes of persons, being persons who may lawfully be confined in a gaol, prison or house of detention, as the case may be, who may be confined in that gaol, prison or house of detention or in a specified part of that gaol, prison or house of detention. (2) The Administrator shall not declare a building (including a part of a building) or any other place to be a gaol, prison or house of detention under subsection 8(1) without first obtaining the consent in writing of the owner of the building or place. (2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act. (3) For the purposes of this section, "owner" includes — (a) holder of the freehold title; (b) mortgagor under a legal mortgage; or (c) lessee under a lease from the Crown, but does not include the Commonwealth. Regulations 9. The Commonwealth Minister may make regulations, not inconsistent with this Act, prescribing all matters which are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out, or giving effect to, this Act, and in particular for — (a) prescribing the duties of gaolers, bailiffs, and other officers; and (b) prescribing penalties not exceeding $4 for any offence against the regulations.