Document ID: chunk:federal_register_of_legislation:C2004A04103:schedule:2:p15
Version: federal_register_of_legislation:C2004A04103
Segment Type: schedule
Provision Reference: sch 2 (pt 15/17)
Character Range: 62605–65323

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 1910 and the Schedule to that Act.

"(4) Subsection (2) does not extend to a criminal law in force in the Jervis Bay Territory if that law is an Act or a provision of an Act.".

SCHEDULE 2—continued

Section 6:

  Repeal the section, substitute the following section:

Powers and functions under applied laws

"6. (1) Subject to subsection (2), where a power or function is vested in a person or authority (other than a court) by a law in force in the Territory under section 5, the power or function is, in relation to the Territory, vested in, and may be exercised or performed by, that person or authority.

"(2) The Governor-General may direct that a power or function of the kind mentioned in subsection (1) be vested in a different specified person or authority and, where such a direction is in force:

     (a) subsection (1) does not apply to the relevant power or function; and

     (b) the power or function is vested in, and may be exercised or performed by, the specified person or authority.".

Section 9:

  Repeal the section, substitute the following section:

A.C.T. courts to have jurisdiction in the Territory

"9. (1) The courts of the Australian Capital Territory have jurisdiction in and in relation to the Territory.

"(2) The Australian Capital Territory Supreme Court Act 1933 and the practice and procedure of each court of the Australian Capital Territory in force from time to time apply in the Territory as if:

     (a) where the relevant court is exercising its jurisdiction in relation to criminal laws in force in the Territory under section 5—the Territory formed part of the Jervis Bay Territory; and

     (b) in any other case—the Territory formed part of the Australian Capital Territory.

"(3) For the purposes of subsection (2), a reference in the Australian Capital Territory Supreme Court Act 1933 to an Ordinance or enactment is a reference to an Ordinance or enactment, as the case may be, in force under this Act.".

Jervis Bay Territory Acceptance Act 1915

Subsection 4d (1):

  (a) Omit "The Supreme Court", substitute "Each court".

  (b) Omit "that court", substitute "each such court".

SCHEDULE 2—continued

National Crime Authority Act 1984

Subsection 12 (1):

  Omit the subsection, substitute the following subsections:

"(1) Where, in carrying out an investigation under paragraph 11 (1) (b) or subsection 11 (2), the Authority obtains evidence of an offence against a law of the Commonwealth or of a State or Territory, being evidence that