Document ID: chunk:federal_register_of_legislation:C2004A04103:schedule:2:p14
Version: federal_register_of_legislation:C2004A04103
Segment Type: schedule
Provision Reference: sch 2 (pt 14/17)
Character Range: 59936–62821

section 19ah), 20, 20a and 20aa apply to a service tribunal that imposes a punishment of imprisonment for a specific period on a convicted person as if:

     (a) the service tribunal were a court exercising jurisdiction in or in relation to the Jervis Bay Territory; and

   (b) the person were convicted in that Territory.".

Subsection 96 (4):

Omit "civil court in the Australian Capital Territory", substitute "court exercising jurisdiction in or in relation to the Jervis Bay Territory".

Subsection 134 (1):

Omit "Australian Capital Territory", substitute "Jervis Bay Territory".

Subsection 134 (2):

Omit "Australian Capital Territory", substitute "Jervis Bay Territory".

Paragraph 142 (1) (d):

Omit "in the Australian Capital Territory", substitute "exercising jurisdiction in or in relation to the Jervis Bay Territory".

Subsection 146 (1):

  Omit the subsection, substitute the following subsection:

"(1) Subject to regulations in force under subsection (2), the rules of evidence in force in the Jervis Bay Territory apply to proceedings before a service tribunal as if:

     (a) the tribunal were a court exercising jurisdiction in or in relation to that Territory; and

SCHEDULE 2—continued

  (b) the proceedings were criminal proceedings in such a court.".

Evidence Act 1905

Paragraph 7j (4) (b):

After "sergeant" insert ", a staff member of the Australian Federal Police whose salary is at least equal to that of a sergeant in the Australian Federal Police,".

Heard Island and McDonald Islands Act 1953

Section 2:

  Insert the following definition:

" 'criminal laws' means any laws (whether written, unwritten, substantive or procedural) relating to offences, whether indictable or not, including laws about:

  (a) the investigation of offences; and

     (b) the punishment of offenders, including the penalties or loss of benefits to which offenders are liable; and

(c) the forfeiture and confiscation of the proceeds of crime; and any laws providing for the interpretation of such laws;".

Subsection 5 (1):

  (a) After "the laws" insert "(other than the criminal laws)".

     (b) After "to the Territory" insert "and not inconsistent with an Ordinance".

Subsection 5 (2):

  Omit the subsection, substitute the following subsections:

"(2) Subject to this Act, the criminal laws in force from time to time in the Jervis Bay Territory are, by virtue of this section (so far as they are applicable to the Territory and are not inconsistent with an Ordinance) in force in the Territory as if the Territory formed part of the Jervis Bay Territory.".

"(3) Subsection (1) does not extend to a law in force in the Australian Capital Territory, if that law is an Act or a provision of an Act other than:

  (a) section 6 of the Seat of Government Acceptance Act 1909; and

     (b) sections 3, 4 and 12c of the Seat of Government (Administration) Act