• Military Menu                       

• Introduction
• Systems
• Facilities
• Agencies
• Industry
• Operations
• Countries
• Hot Documents
• News
• Reports
• Policy
• Budget
• Congress
• Links

• WMD
• Intelligence
• Homeland Security
• Space

Norfolk Island

Norfolk Island is situated 1676 kilometers northeast of Sydney, at 167°57'E, 29°02'S. The Territory of Norfolk Island comprises Norfolk, Phillip and Nepean Islands, with an overall area of just over 37 square kilometers. Most of the island is a plateau formed from horizontal sheets of basalt. The highest point rises to 319 metres above sea level at Mount Bates. The island is a mountain top remnant of an elongated shield volcano. The shelf around Norfolk and surrounding islands is 95 kilometers long, north to south, and, 35 kilometers wide, east to west.

Captain James Cook first landed on the island in 1788 and within the following 26 years, 40 per cent of the island's natural vegetation was cleared. Today, only five percent of the native forest remains undisturbed. The Norfolk pine, which has become the island's icon, may reach heights of more than 60 metres, sometimes with a girth of 11 metres. A large proportion of the natural vegetation on Phillip Island was lost when rabbits were introduced with the island ending up a virtual desert. However, soon after trapping the rabbits started and the last was caught in 1986, regeneration of the native vegetation began. The regrowth is now occurring rapidly.

The preamble to the Norfolk Island Act 1979 (Cth) makes it clear that it is the federal Parliament's intention that this Territory should progressively achieve internal self government as a Territory under authority of the Commonwealth. The federal and Norfolk Island Governments have been discussing and negotiating on the progressive transfer of State and local government responsibilities to the Norfolk Island Government. This transfer is still in progress. The position now is that this Territory has a substantial degree of self government with responsibilities similar to those of the Northern Territory and Australian Capital Territory governments.

The Norfolk Island Legislative Assembly is now the main source of statute law for Norfolk Island. The Assembly has the power to make laws for the peace, order and good government of Norfolk Island. Subject to several express limitations, this is a plenary law making power. However, the Territory is not sovereign. The federal Minister also has a power of veto over legislation passed by the Legislative Assembly, the subject matter of which comes within Schedule 3 of the Norfolk Island Act 1979 (Cth).

Even though the powers of the Legislative Assembly are expressed in the same terms as the powers of State and internal territory[dcxcv] legislatures, the legislative capacity of the Norfolk Island Legislative Assembly is not restricted in the same ways as these other legislatures. For example, State and internal territory legislatures are ordinarily not permitted to make laws in regard to immigration. This is not the case in Norfolk Island which can make such laws with ministerial consent. Norfolk Island has its own immigration, taxation and social security regimes. It is also not constrained by the usual requirement, whether written or unwritten, that trade, commerce and intercourse between the States and the Territories shall be absolutely free.

Ordinances made by the Governor-General pursuant to s 27 of the Norfolk Island Act 1979 (Cth) in most cases must be introduced into, and approved by, the Legislative Assembly. However, where urgency requires, this requirement can be dispensed with. The Governor-General may promulgate an Ordinance even if the Legislative Assembly rejects it if the Legislative Assembly's response is deemed to be unacceptable. The federal Parliament has an option to disallow Ordinances of the Governor-General. Conflict between Ordinances and Acts of the Legislative Assembly of the Territory is resolved in favour of the Ordinance. However, conflict between ordinances and Acts of the federal Parliament is resolved in favour of the latter.

Ordinances made by the Governor-General under the Norfolk Island Act 1957 (Cth) (now repealed) remain in force until such time as they are amended or repealed by the Assembly or by an Act of the federal Parliament or a later Ordinance of the Governor-General. The same applies to laws made under the Norfolk Island Act 1913 (Cth). The consolidated laws issued by proclamation on December 24 1913 are the next most important source of law and, in the absence of the Norfolk Island Judicature Ordinance 1960, would have been the final source of law. However, the Judicature Ordinance had the effect of making the Island's legal regime subject to English statutes which were current in 1828 and which had been received in Norfolk Island in 1960.

Norfolk Island has a Court of Petty Sessions and a Supreme Court. It does not have a county or district court. The Norfolk Island Court of Petty Sessions was established under the Court of Petty Sessions Ordinance 1960. It deals with summary criminal matters and civil matters where the amount of damages sought is $10 000 or less. The jurisdiction, practice and procedure of the Supreme Court of Norfolk Island are set out in the Supreme Court Ordinance 1960. It has unlimited jurisdiction and may sit in the Australian Capital Territory, New South Wales and Victoria. The Court may make its own rules but where it does not the rules of the Australian Capital Territory Supreme Court apply.