Commonwealth Numbered Acts

NORFOLK ISLAND ACT 1979 No. 25, 1979 - SECT 7

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

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

   (b)  in relation to a matter that, in his 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 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 own discretion;
        and

   (e)  in all other cases-in accordance with such instructions, if any, as
        are given to him 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 sub-section (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 sub-section (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.