Territories Legislation Amendment Act 2020 (154 of 2020)

Schedule 1   Amendments of Territory Acts

Part 3   Supreme Court of Norfolk Island

Division 1   Amendments

Norfolk Island Act 1979

112   Section 60C

Repeal the section, substitute:

60C Criminal trials in prescribed State or Territory

(1) Subject to this section, a court of a prescribed State or Territory may, in exercising jurisdiction under this Act in respect of a person accused of an offence, sit in the prescribed State or Territory if to do so would not be contrary to the interests of justice.

(2) The court may, in accordance with subsection (3), order that:

(a) if the trial of the accused has not begun - the trial be held in the prescribed State or Territory at a time and place specified in the order; and

(b) if the trial of the accused has begun, with the court sitting in Norfolk Island:

(i) the trial be discontinued; and

(ii) the jury (if any) be discharged; and

(iii) a new trial be held in the prescribed State or Territory at a time and place specified in the order.

(3) The court may make an order under subsection (2):

(a) at any time after the prosecution of the accused for the offence commences and before the verdict is delivered; and

(b) at a sitting of the court in Norfolk Island or in the prescribed State or Territory; and

(c) if the court is sitting in the prescribed State or Territory - whether or not the accused is present.

(4) However, the court may make an order under subsection (2) only if:

(a) the court is satisfied that the interests of justice require it; and

(b) in the circumstance that the court is sitting in the prescribed State or Territory and the accused is not present:

(i) the accused is represented; and

(ii) the court is satisfied that the accused understands the effect of the order.

(5) If the court makes an order under subsection (2), the court may order that:

(a) on the warrant of an issuing officer, the accused be removed to the place specified in the order and held there for the purposes of the trial and for any related proceedings; and

(b) by summons of an issuing officer, all persons required to attend to give evidence in the trial or proceedings attend at a time and place specified in the order.