Commonwealth Consolidated Acts

NORFOLK ISLAND ACT 1979 - SECT 7

             (1)  The Administrator shall exercise all powers and perform all functions that belong to his or her office, or that are conferred on him or her by or under law in force in the Territory, in accordance with the tenor of his or her Commission and:

                     (a)  in relation to a matter that, in his or her opinion, is a matter specified in Schedule 2--in accordance with such advice, if any, as is given to him or her by the Executive Council;

                     (b)  in relation to a matter that, in his or her opinion, is a matter specified in Schedule 3--in accordance with the advice of the Executive Council;

                     (c)  where it is provided by this Act that he or she is to act on the advice of the Executive Council or the Legislative Assembly--in accordance with that advice;

                     (d)  in forming an opinion as provided by this Act--at his or her own discretion; and

                     (e)  in all other cases--in accordance with such instructions, if any, as are given to him or her by the Minister.

             (2)  Notwithstanding paragraph (1)(b), where the Executive Council advises the Administrator to take, or to refrain from taking, any specified action in relation to a matter to which that paragraph applies and that advice is inconsistent with instructions given to the Administrator by the Minister in accordance with subsection (3), the Administrator shall not take that action, or shall not refrain from taking that action, as the case may be.

             (3)  For the purposes of subsection (2), the Minister may give the Administrator instructions in respect of advice tendered to the Administrator for the purposes of paragraph (1)(b), and may give the Administrator instructions in respect of the referral to the Minister of any such advice.