NORFOLK ISLAND LEGISLATION AMENDMENT ACT 2015 (NO. 59, 2015) - SCHEDULE 1 Interim arrangements etc.
NORFOLK ISLAND LEGISLATION AMENDMENT ACT 2015 (NO. 59, 2015) - SCHEDULE 1
Interim arrangements etc.Division 1--Amendment of the Norfolk Island Act 1979
1 Preamble
Repeal the preamble.
2 Subsection 4(1)
Insert:
"Advisory Council " means the Norfolk Island Advisory Council.
Note: See section 12.
"Australia , when used in a geographical sense, " includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.
3 Subsection 4(1) (definition of Chief Executive Officer )
Omit " Public Sector Management Act 2000 ", substitute " Public Service Act 2014 ".
4 Subsection 4(1) (definition of Chief Minister )
Repeal the definition.
5 Subsection 4(1) (definition of Commonwealth Gazette )
Repeal the definition.
6 Subsection 4(1) (definition of Deputy Speaker )
Repeal the definition.
7 Subsection 4(1) (definition of enactment )
Repeal the definition, substitute:
"enactment " means:
(a) a section 19A Ordinance; or
(b) an Ordinance continued in force by this Act; or
(c) a Legislative Assembly law continued in force by this Act.
8 Subsection 4(1) (definition of Executive Council )
Repeal the definition.
9 Subsection 4(1)
Insert:
"Executive Director " means the Executive Director of Norfolk Island.
Note: See section 9.
10 Subsection 4(1)
Insert:
"interim transition time " means the commencement of Part 1 of Schedule 1 to the Norfolk Island Legislation Amendment Act 2015 .
11 Subsection 4(1) (at the end of the definition of Legislative Assembly )
Add "that was in existence before the interim transition time".
12 Subsection 4(1)
Insert:
"Legislative Assembly law " means a law (however described or entitled) passed by the Legislative Assembly, and assented to under this Act, before the interim transition time.
13 Subsection 4(1)
Insert:
"member of the Advisory Council " includes the Chair of the Advisory Council.
14 Subsection 4(1) (definition of Minister )
Repeal the definition.
15 Subsection 4(1) (definition of Minister for Finance )
Repeal the definition.
16 Subsection 4(1)
Insert:
section 19A Ordinance means an Ordinance made under section 19A after the interim transition time.
17 Subsection 4(1) (definition of Speaker )
Repeal the definition.
18 Subsection 4(2)
Repeal the subsection.
19 Section 4A
Repeal the section.
20 Section 7
Repeal the section, substitute:
7 Exercise of Administrator's powers etc.
(1) The Administrator must 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 a law in force in the Territory:
(a) in accordance with the tenor of his or her Commission; and
(b) in accordance with such written directions (if any) as are given to him or her by the responsible Commonwealth Minister.
(2) A direction under paragraph (1)(b) may be of a general or specific nature.
(3) The responsible Commonwealth Minister may, by written notice given to the Administrator, direct that, before the Administrator exercises a specified power or performs a specified function, the Administrator must:
(a) notify the responsible Commonwealth Minister of the Administrator's intention to exercise that power or perform that function; and
(b) do so at least the specified number of days before exercising that power or performing that function.
7A Delegation by the Administrator
(1) The Administrator may, by writing, delegate any or all of the Administrator's functions and powers to:
(a) the Executive Director; or
(b) an employee of the Administration; or
(c) a person who holds, or performs the duties of, an office under an enactment; or
(d) an employee of a body corporate established by or under an enactment.
Directions
(2) A delegate must comply with:
(a) any written directions of the Administrator; and
(b) any written directions of the responsible Commonwealth Minister.
(3) A direction under subsection (2) may be of a general or specific nature.
(4) If directions of the Administrator under subsection (2) are inconsistent with directions of the responsible Commonwealth Minister under that subsection, the directions of the responsible Commonwealth Minister prevail, and the directions of the Administrator are, to the extent of the inconsistency, invalid.
(5) For the purposes of subsection (4), directions of the Administrator are taken to be consistent with directions of the responsible Commonwealth Minister to the extent that they are capable of operating concurrently.
(6) The responsible Commonwealth Minister may, by written notice given to a delegate of the Administrator, direct that, before the delegate exercises a specified power or performs a specified function, the delegate must:
(a) notify the responsible Commonwealth Minister of the delegate's intention to exercise that power or perform that function; and
(b) do so at least the specified number of days before exercising that power or performing that function.
Other matters
(7) If a function or power conferred by a law other than this Act is delegated under subsection (1) of this section, then paragraph 34AB(1)(c), subsections 34AB(2) and (3) and section 34A of the Acts Interpretation Act 1901 apply to the delegation in the same way as they apply to a delegation under subsection (1) of this section of a function or power conferred by this Act.
(8) This section does not, by implication, prevent a power of delegation from being conferred on the Administrator by an enactment.
21 Sections 9 and 10
Repeal the sections, substitute:
(1) The responsible Commonwealth Minister may, by writing, declare that a specified employee of the Administration is the Executive Director of Norfolk Island.
(2) A declaration under subsection (1) is not a legislative instrument.
(1) The Administrator may, on behalf of the Administration, engage such employees as he or she thinks necessary for the purposes of the government of the Territory.
(2) The terms and conditions of employment (including remuneration) of an employee are such as are determined by the Administrator.
(3) This section does not, by implication, prevent an enactment from conferring a power to engage employees on behalf of the Administration.
(4) This section does not, by implication, limit the powers conferred on the Administrator by section 5.
10A Persons assisting the Administration
The Administration may be assisted:
(a) by employees of Agencies (within the meaning of the Public Service Act 1999 ); or
(b) by officers and employees of authorities of the Commonwealth;
whose services are made available to the Administration in connection with the government of the Territory.
22 Part III
Repeal the Part, substitute:
Part III -- Norfolk Island Advisory Council
The following is a simplified outline of this Part:
• This Part establishes the Norfolk Island Advisory Council.
• The Advisory Council is to advise the Administrator on matters affecting the peace, order and good government of the Territory.
Division 2 -- Norfolk Island Advisory Council's establishment and functions
12 Norfolk Island Advisory Council
The Norfolk Island Advisory Council is established by this section.
Note: In this Act, Advisory Council means the Norfolk Island Advisory Council--see subsection 4(1).
13 Functions of the Advisory Council
The Advisory Council has the following functions:
(a) to advise the Administrator on matters affecting the peace, order and good government of the Territory;
(b) to do anything incidental to or conducive to the performance of the above function.
Division 3 -- Membership of the Advisory Council
14 Membership of the Advisory Council
The Advisory Council consists of the following members:
(a) a Chair;
(b) 4 other members.
14A Appointment of members of the Advisory Council
(1) Each member of the Advisory Council is to be appointed by the responsible Commonwealth Minister by written instrument.
Note: Members of the Advisory Council are eligible for reappointment: see the Acts Interpretation Act 1901 .
(2) A member of the Advisory Council holds office on a part-time basis.
14B Period of appointment for members of the Advisory Council
A member of the Advisory Council holds office for the period specified in the instrument of appointment. The period must not exceed 12 months.
Note: For reappointment, see the Acts Interpretation Act 1901 .
14C Acting members of the Advisory Council
Acting Chair of the Advisory Council
(1) The responsible Commonwealth Minister may appoint a person to act as the Chair of the Advisory Council:
(a) during a vacancy in the office of the Chair of the Advisory Council (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair of the Advisory Council:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Acting member of the Advisory Council (other than the Chair of the Advisory Council)
(2) The responsible Commonwealth Minister may appoint a person to act as a member of the Advisory Council (other than the Chair of the Advisory Council):
(a) during a vacancy in the office of a member of the Advisory Council (other than the Chair of the Advisory Council), whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when a member of the Advisory Council (other than the Chair of the Advisory Council):
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
Division 4 -- Terms and conditions for members of the Advisory Council
A member of the Advisory Council is to be paid the remuneration and allowances (if any) that are prescribed by a legislative instrument made by the responsible Commonwealth Minister.
14E Disclosure of interests to the responsible Commonwealth Minister
A member of the Advisory Council must give written notice to the responsible Commonwealth Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member's functions.
(1) A member of the Advisory Council may resign his or her appointment by giving the responsible Commonwealth Minister a written resignation.
(2) The resignation takes effect on the day it is received by the responsible Commonwealth Minister or, if a later day is specified in the resignation, on that later day.
14G Termination of appointment
The responsible Commonwealth Minister may terminate the appointment of a member of the Advisory Council.
14H Other terms and conditions
A member of the Advisory Council holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the responsible Commonwealth Minister.
The responsible Commonwealth Minister may, by legislative instrument, prescribe the procedures to be followed at or in relation to meetings of the Advisory Council, including matters relating to the following:
(a) the convening of meetings of the Advisory Council;
(b) the number of members of the Advisory Council who are to constitute a quorum;
(c) the selection of a member of the Advisory Council to preside at meetings of the Advisory Council in the absence of the Chair;
(d) the manner in which questions arising at a meeting of the Advisory Council are to be decided;
(e) the disclosure by a member of the Advisory Council, at a meeting of the Advisory Council, of an interest (whether pecuniary or otherwise) that the member has in a matter being considered, or about to be considered, by the Advisory Council.
Note: Section 33B of the Acts Interpretation Act 1901 provides for participation in meetings by telephone etc.
The Advisory Council must keep minutes of its meetings.
14L Assistance to the Advisory Council
(1) The Administrator may assist the Advisory Council in the performance of its functions.
(2) The assistance may include the following:
(a) the provision of information;
(b) the provision of advice;
(c) the making available of resources and facilities (including secretariat services and clerical assistance).
This Part does not, by implication, require the Administrator or any other person to obtain advice from the Advisory Council before:
(a) performing a function; or
(b) exercising a power; or
(c) taking any other action.
23 Before section 16
Insert:
15 Laws in force in the Territory
After the interim transition time, the laws in force in the Territory from time to time are:
(a) Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and
(b) laws made under Acts to the extent that those laws are in force from time to time in, or in relation to, the Territory; and
(c) section 19A Ordinances as in force from time to time; and
(d) laws continued in force by section 16 or 16A (including such a law as amended in accordance with section 17).
24 Section 16 (heading)
Repeal the heading, substitute:
16 Continuance of laws in force immediately before 7 August 1979
25 At the end of subsection 16(1)
Add:
Note: This section commenced on 7 August 1979.
26 After section 16
Insert:
16A Continuance of certain laws in force immediately before the interim transition time
(1) Subject to this Act, all Legislative Assembly laws that were in force immediately before the interim transition time continue in force.
(2) Subject to this Act, all Ordinances made under this Act that were in force immediately before the interim transition time continue in force.
(3) A reference in this section to a Legislative Assembly law includes a reference to a law made under a Legislative Assembly law.
(4) A reference in this section to an Ordinance made under this Act includes a reference to a law made under such an Ordinance.
(5) This section has effect despite the repeal of sections 19 and 27 by the Norfolk Island Legislation Amendment Act 2015 .
27 At the end of section 17
Add:
(3) Subject to this Act, a law continued in force by section 16 or 16A may be amended or repealed by a section 19A Ordinance or by a law made under a section 19A Ordinance.
(4) A section 19A Ordinance may suspend the operation of a law continued in force by section 16 or 16A for such period as is specified in the Ordinance.
28 Divisions 2 and 3 of Part IV
Repeal the Divisions, substitute:
Division 2 -- Legislative powers of the Governor-General
19A Governor-General may make Ordinances
(1) Subject to this Act, the Governor-General may make Ordinances for the peace, order and good government of the Territory.
(2) An Ordinance made under subsection (1) is a legislative instrument.
29 Division 4 of Part IV (heading)
Repeal the heading, substitute:
Division 3 -- Inconsistency of laws
30 Section 29 (heading)
Repeal the heading, substitute:
29 Inconsistency of Legislative Assembly laws with old Ordinances
31 Subsection 29(1)
Omit "Division 2", substitute "repealed Division 2 (as in force before the interim transition time)".
32 Subsection 29(1)
Omit "section 27", substitute "repealed section 27 (as in force before the interim transition time)".
33 Section 30
Repeal the section, substitute:
30 Inconsistency of section 19A Ordinances with the regulations
(1) If a section 19A Ordinance is inconsistent with the regulations, the regulations prevail, and the section 19A Ordinance is, to the extent of the inconsistency, invalid.
(2) For the purposes of subsection (1), a section 19A Ordinance is taken to be consistent with the regulations to the extent that they are capable of operating concurrently.
(3) A reference in this section to a section 19A Ordinance includes a reference to a law made under a section 19A Ordinance.
34 Part V
Repeal the Part.
35 Subsection 47(3)
Omit "(4) or".
36 Subsection 47(4)
Repeal the subsection.
37 Subsection 47(5)
Omit "(other than the general purpose referred to in subsection (4))".
38 Subsection 47(5)
Omit ", subject to subsection 27(3),".
39 Subsection 48(1) (note)
Repeal the note.
40 Section 48A (heading)
Repeal the heading, substitute:
48A Preparation of annual budgets by the Administrator
41 Subsection 48A(1)
Omit "Minister for Finance", substitute "Administrator".
42 Subsections 48A(4), (5) and (6)
Repeal the subsections, substitute:
(4) The Administrator must give a copy of each annual budget to the responsible Commonwealth Minister.
43 Section 48B (heading)
Repeal the heading, substitute:
48B Preparation of annual financial statements by the Administrator
44 Subsections 48B(1) and (3)
Omit "Minister for Finance", substitute "Administrator".
45 Subsection 48B(4)
Repeal the subsection.
46 Paragraph 48C(3)(a)
Repeal the paragraph.
47 Subsection 48C(4)
Repeal the subsection.
48 Subparagraph 48E(2)(b)(i)
Repeal the subparagraph.
49 Subsection 48E(3)
Omit "a Norfolk Island Minister or".
50 Subsection 48E(4)
Repeal the subsection.
51 Subsection 48F(3)
Omit "a Norfolk Island Minister", substitute "the Administrator".
52 Paragraph 48G(2)(d)
Repeal the paragraph.
53 Paragraphs 48G(3)(c) and (d)
Repeal the paragraphs, substitute:
(c) a reference in that section to the Attorney-General were a reference to the Administrator; and
(d) a reference in that section to the Cabinet included a reference to the Administrator; and
54 Paragraphs 48G(3)(g), (h), (i) and (j)
Repeal the paragraphs, substitute:
(g) a reference in that section to the Prime Minister were a reference to the Administrator; and
(h) a reference in that section to the Finance Minister were a reference to the Administrator; and
(i) a reference in that section to a responsible Minister were a reference to the Administrator.
55 Section 48H (heading)
Repeal the heading, substitute:
48H Preparation of periodic financial statements by the Administrator
56 Subsection 48H(1)
Omit "Minister for Finance", substitute "Administrator".
57 Subsections 48H(4), (5) and (6)
Repeal the subsections, substitute:
(4) The Administrator must give a copy of the statements to the responsible Commonwealth Minister.
58 Subsection 48J(1)
Omit "Chief Minister", substitute "Administrator".
59 Subsections 48J(3) and (4)
Repeal the subsections.
60 Section 48K (heading)
Repeal the heading, substitute:
61 Subsections 48K(1) and (2)
Omit "Minister for Finance" (wherever occurring), substitute "Administrator".
62 Subsections 48P(1) and (3)
Omit "Minister for Finance", substitute "Administrator".
63 Paragraph 48R(4)(b)
Repeal the paragraph.
64 Paragraph 48S(4)(b)
Repeal the paragraph.
65 Section 51 (heading)
Repeal the heading, substitute:
51 Administrator must keep responsible Commonwealth Minister informed
66 Subsections 51(1) and (3)
Omit "Minister for Finance", substitute "Administrator".
67 Section 51A (heading)
Repeal the heading, substitute:
51A Administrator must keep Commonwealth Finance Minister informed
68 Subsections 51A(1) and (3)
Omit "Minister for Finance", substitute "Administrator".
69 Subsection 53(2)
Repeal the subsection.
70 Paragraph 53A(a)
Omit "both Australia and Norfolk Island", substitute "Australia".
71 Section 53A
Omit "or Norfolk Island".
72 Section 61
Repeal the section, substitute:
(1) Despite the Public Service Act 1999 , a law of the Territory may make provision for and in relation to the appointment and employment of persons for the purposes of the government of the Territory.
(2) This section does not prevent the appointment or employment of persons under the Public Service Act 1999 in its application to the Territory.
73 Subsection 61A(2)
Repeal the subsection, substitute:
(2) A person appointed or employed under:
(a) a law of the Territory mentioned in subsection 61(1); or
(b) section 10;
must at all times behave in a way that upholds the Norfolk Island Public Service Values.
74 Section 62
Repeal the section, substitute:
(1) The application of the Lands Acquisition Act 1989 in relation to land in the Territory does not prevent or affect the making or operation of a provision of an enactment under which:
(a) land in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or
(b) instruments, receipts and other documents in relation to any such land may be executed; or
(c) rights, duties and liabilities in relation to any such land are or may be acquired, conferred or imposed.
(2) An enactment referred to in subsection (1) which provides for the acquisition of land must provide that such land must not be acquired otherwise than on just terms.
75 Section 64
Before "Duties", insert "(1)".
76 At the end of paragraph 64(a)
Add "and".
77 At the end of section 64
Add:
(2) In this section:
"Australia " does not include Norfolk Island.
78 Sections 65 and 66A
Repeal the sections.
79 Subsection 67(1)
Omit "(1)".
80 Subsections 67(2) and (3)
Repeal the subsections.
81 Part IX (heading)
Repeal the heading, substitute:
Part IX -- Transitional provisions that commenced in 1979
82 Schedules 2 and 3
Repeal the Schedules.
83 Schedule 4 (note to Schedule heading)
Repeal the note, substitute:
Note: See section 57.
84 Schedules 5 to 9
Repeal the Schedules.
Division 2--Amendments of other legislation
Aboriginal and Torres Strait Islander Heritage Protection Act 1984
85 Subsection 13(2)
Omit ", the Northern Territory or Norfolk Island", substitute "or the Northern Territory".
Administrative Appeals Tribunal Act 1975
86 Subsection 3(1) (definition of Norfolk Island Justice Minister )
Repeal the definition.
87 Subsection 3(1) (definition of Norfolk Island Minister )
Repeal the definition.
88 Subsections 36B(6), 36C(4) and 36D(8)
Repeal the subsections.
89 Subsection 67A(2)
Omit " Public Sector Management Act 2000 ", substitute " Public Service Act 2014 ".
Administrative Decisions (Judicial Review) Act 1977
90 After section 3A
Insert:
This Act extends to Norfolk Island.
91 Section 5 (paragraph (g) of the definition of administrative office )
Repeal the paragraph.
Carbon Credits (Carbon Farming Initiative) Act 2011
92 Subsections 296(7) and (8)
Omit "a Minister of Norfolk Island", substitute "the Administrator of Norfolk Island".
Commonwealth Grants Commission Act 1973
93 Subsection 5(3)
Omit "Ministers of that Territory have", substitute "Administrator of that Territory has".
94 Subsection 4AA(2) (paragraph (a) of the definition of Territory Ordinance )
Omit "other than the Territory of Norfolk Island".
95 Dictionary in the Criminal Code (paragraph (h) of the definition of Commonwealth public official )
Omit ", an Acting Administrator, or a Deputy Administrator,", substitute "or an Acting Administrator".
96 Subsection 51(1) (definition of self-governing Territory )
Repeal the definition, substitute:
"self-governing Territory " means:
(a) the Australian Capital Territory; or
(b) the Northern Territory.
Disability Discrimination Act 1992
97 Subsection 4(1) (paragraph (g) of the definition of administrative office )
Repeal the paragraph.
98 Subparagraphs 3(2)(a)(v) and 3(3)(a)(vi) of Schedule 1
Repeal the paragraphs.
99 Subclause 7(7) of Schedule 1
Repeal the subclause.
100 Subparagraphs 3(2)(a)(v) and 3(3)(a)(vi) of Schedule 1A
Repeal the subparagraphs.
101 Subclause 7(7) of Schedule 1A
Repeal the subclause.
Environment Protection and Biodiversity Conservation Act 1999
102 Subsection 393(3)
Repeal the subsection, substitute:
(3) The Minister may enter into an arrangement with the Administrator of Norfolk Island for persons appointed or employed under:
(a) a law of Norfolk Island mentioned in subsection 61(1) of the Norfolk Island Act 1979 ; or
(b) section 10 of the Norfolk Island Act 1979 ;
to perform or exercise all or any of the functions or powers of wardens or rangers under this Act or the regulations.
103 Subsection 398(2)
Repeal the subsection, substitute:
(2) The Minister may enter into an arrangement with the Administrator of Norfolk Island for persons appointed or employed under:
(a) a law of Norfolk Island mentioned in subsection 61(1) of the Norfolk Island Act 1979 ; or
(b) section 10 of the Norfolk Island Act 1979 ;
to be inspectors, and that arrangement has effect accordingly.
104 Section 528 (paragraph (b) of the definition of self-governing Territory )
Omit "Territory; or", substitute "Territory."
105 Section 528 (paragraph (c) of the definition of self-governing Territory )
Repeal the paragraph.
Freedom of Information Act 1982
106 Subsection 4(1) (definition of Cabinet )
Repeal the definition, substitute:
"Cabinet " includes a committee of the Cabinet.
107 Subsection 4(1) (definition of Minister )
Repeal the definition.
108 Subsection 4(1) (paragraph (c) of the definition of Norfolk Island authority )
Repeal the paragraph, substitute:
(c) a body established or appointed by the Administrator of Norfolk Island otherwise than by or under a Norfolk Island enactment; or
109 Subsection 4(1) (paragraph (e) of the definition of Norfolk Island authority )
Repeal the paragraph, substitute:
(e) a person holding or performing the duties of an appointment, where the appointment was made by the Administrator of Norfolk Island otherwise than under a Norfolk Island enactment.
110 Subsection 4(1) (definition of Norfolk Island Minister )
Repeal the definition.
111 Subsection 4(1) (subparagraph (a)(v) of the definition of prescribed authority )
Repeal the subparagraph.
112 Subsection 4(1) (paragraph (c) of the definition of principal officer )
Omit " Public Sector Management Act 2000 ", substitute " Public Service Act 2014 ".
113 Subsection 4(1) (paragraph (e) of the definition of responsible Minister )
Repeal the paragraph, substitute:
(e) in relation to a Norfolk Island authority--the Minister administering the Norfolk Island Act 1979 ;
114 Subparagraph 4(3)(a)(iii)
Repeal the subparagraph, substitute:
(iii) the office of Administrator of Norfolk Island; or
115 Paragraph 4(3B)(a)
Repeal the paragraph, substitute:
(a) because he or she holds the office of Administrator of Norfolk Island; or
116 Subparagraph 8(2)(d)(ii)
Omit " Public Sector Management Act 2000 ", substitute " Public Service Act 2014 ".
117 Paragraph 8(2)(e)
Omit "or the Legislative Assembly of Norfolk Island".
118 Paragraph 8(2)(h)
Omit "or the Legislative Assembly of Norfolk Island" (first occurring).
119 Paragraph 8(2)(h)
Omit "or the Legislative Assembly of Norfolk Island, as the case may be".
120 Subsection 12(2)
Omit all the words from and including "became" to and including "more than", substitute " became a document of a Norfolk Island agency more than".
121 Paragraph 12(2)(d)
Omit all the words from and including "understanding" to and including "to which", substitute "understanding of a document of a Norfolk Island agency to which".
122 Paragraph 21(1)(d)
Omit "Parliament; or", substitute "Parliament.".
123 Paragraph 21(1)(e)
Repeal the paragraph.
124 Paragraphs 26AA(1)(b), (c), (d) and (e)
Omit "or Norfolk Island Minister".
125 Subsections 26AA(2) to (4)
Omit "or Norfolk Island Minister" (wherever occurring).
126 Paragraph 46(c)
Omit "or of Norfolk Island".
127 Subsection 47A(1) (paragraph (b) of the definition of electoral roll )
Omit "(a); or", substitute "(a).".
128 Subsection 47A(1) (paragraphs (c) and (d) of the definition of electoral roll )
Repeal the paragraphs.
129 Subsection 4A(11) (definition of State )
Omit "and Norfolk Island".
130 Subsection 4A(11) (definition of Territory )
Omit "or Norfolk Island".
131 Paragraph 4A(12)(a)
Omit "or Norfolk Island".
132 Paragraph 4A(12)(b)
Omit " 1978 ; and", substitute " 1978 .".
133 Paragraph 4A(12)(c)
Repeal the paragraph.
International Criminal Court Act 2002
134 Section 4 (definition of State )
Repeal the definition, substitute:
"State " includes the Australian Capital Territory and the Northern Territory.
135 Section 4 (paragraph (a) of the definition of State Minister )
Omit "other than the Australian Capital Territory, the Northern Territory or Norfolk Island", substitute "other than the Australian Capital Territory or the Northern Territory".
136 Section 4 (paragraph (c) of the definition of State Minister )
Omit "and".
137 Section 4 (paragraph (d) of the definition of State Minister )
Repeal the paragraph.
138 Section 4 (definition of Territory )
Omit "and, except in section 6, does not include Norfolk Island".
139 Paragraph 186(4)(b)
Omit "Territory; or", substitute "Territory.".
140 Paragraph 186(4)(c)
Repeal the paragraph.
International Transfer of Prisoners Act 1997
141 Subsection 4(1) (definition of Territory Minister )
Repeal the definition, substitute:
"Territory Minister " , in relation to a Territory, means the Minister administering the law of the Territory relating to the transfer of prisoners, and includes:
(a) any Minister acting for the time being for or on behalf of that Minister; and
(b) any person to whom the Minister has delegated any of the Minister's functions under this Act.
142 Paragraph 55N(2)(c)
Omit "or a member of the Government of Norfolk Island".
143 Subsection 5(3)
Repeal the subsection, substitute:
(3) If a provision referred to in section 62 of the Norfolk Island Act 1979 is in operation, this Act does not apply to anything dealt with by the provision.
Legislative Instruments Act 2003
144 Before section 4
Insert:
This Act extends to Norfolk Island.
145 Subsection 84(1) (paragraph (d) of the definition of Commonwealth officer )
Omit ", an Acting Administrator, or a Deputy Administrator,", substitute "or an Acting Administrator".
National Health Security Act 2007
146 Subsection 3(1) (paragraph (c) of the definition of State or Territory Health Minister )
Omit "or".
147 Subsection 3(1) (paragraph (d) of the definition of State or Territory Health Minister )
Repeal the paragraph.
148 Subsection 3(1) (definition of State or Territory Health Minister )
Omit ", the Northern Territory or Norfolk Island", substitute "or the Northern Territory".
149 Paragraph 3(2)(b)
Omit ", the Northern Territory and Norfolk Island", substitute "and the Northern Territory".
150 Subsection 6(1) (definition of Cabinet )
Repeal the definition.
151 Subsection 6(1) (paragraph (d) of the definition of Norfolk Island agency )
Repeal the paragraph, substitute:
(d) a body established or appointed by the Administrator of Norfolk Island otherwise than by or under a Norfolk Island enactment; or
152 Subsection 6(1) (paragraph (f) of the definition of Norfolk Island agency )
Repeal the paragraph, substitute:
(f) a person holding or performing the duties of an appointment, where the appointment was made by the Administrator of Norfolk Island otherwise than under a Norfolk Island enactment; or
153 Subsection 6(1) (definition of Norfolk Island Justice Minister )
Repeal the definition.
154 Subsection 6(1) (definition of Norfolk Island Minister )
Repeal the definition.
155 Subparagraph 7(1)(a)(iiiaa)
Repeal the subparagraph.
156 Paragraphs 7(1)(eaa) and (eab)
Repeal the paragraphs.
157 Paragraph 28A(3)(a)
Omit "or Norfolk Island Minister".
158 Paragraph 28B(1)(a)
Omit ", Norfolk Island Minister".
159 Paragraph 30(3)(d)
Omit "or Norfolk Island Minister (if any)".
160 Subsection 30(4)
Omit "or Norfolk Island Minister (if any)".
161 Section 33B
Repeal the section.
162 Paragraphs 34(2)(a) and (b)
Omit "or a Norfolk Island Minister".
163 Section 37 (table items 5B and 5C, column 2)
Omit " Public Sector Management Act 2000 ", substitute " Public Service Act 2014 ".
164 Subsection 43(7)
Omit "or Norfolk Island Minister (if any)".
165 Subsections 43(8) and (8A)
Omit "or a Norfolk Island Minister".
166 Paragraph 43(9)(b)
Omit "or Norfolk Island Minister".
167 Subsection 50(1) (paragraph (f) of the definition of alternative complaint body )
Repeal the paragraph.
168 Subsection 50(1) (definition of Norfolk Island Public Service Board )
Repeal the definition.
169 Paragraph 50(2)(b)
Omit "or" (last occurring).
170 Paragraph 50(2)(ba)
Repeal the paragraph.
171 Paragraph 50(3)(b)
Omit "or".
172 Paragraph 50(3)(c)
Repeal the paragraph.
173 Subsection 66(12)
Repeal the subsection.
174 Subsection 68(1)
Omit "or documents in respect of which the Norfolk Island Justice Minister has given a certificate under subsection 70(4)".
175 Subsection 70(4)
Repeal the subsection.
176 Section 338 (paragraph (b) of the definition of self-governing Territory )
Omit "Territory; or", substitute "Territory."
177 Section 338 (paragraph (c) of the definition of self-governing Territory )
Repeal the paragraph.
Public Interest Disclosure Act 2013
178 Subsection 69(1) (table item 17, column 1, paragraph (d))
Repeal the paragraph.
179 Subsection 69(1) (after table item 17)
Insert:
|
17A |
An individual (other than a judicial officer) who exercises powers, or performs functions, conferred on the individual under a law in force in Norfolk Island (whether the law is a law of the Commonwealth or a law of the Territory). |
The Department administered by the Minister administering the Norfolk Island Act 1979 . |
180 Paragraph 69(2)(d)
Repeal the paragraph.
Remuneration Tribunal Act 1973
181 Paragraph 3(4)(jaa)
Repeal the paragraph, substitute:
(jaa) an office of member of the Norfolk Island Advisory Council;
182 Subsection 4(1) (paragraph (f) of the definition of administrative office )
Repeal the paragraph.
Transfer of Prisoners Act 1983
183 Paragraph 3(10)(b)
Omit "or of the Legislative Assembly of Norfolk Island".
Part 2 -- Transitional provisions
184 Definitions
In this Part:
Administration has the same meaning as in the Norfolk Island Act 1979 .
asset means:
(a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual, contingent or prospective.
assets official , in relation to an asset other than land, means the person or authority who:
(a) under a law of the Commonwealth, a State or a Territory; or
(b) under a trust instrument; or
(c) otherwise;
has responsibility for keeping a register in relation to assets of the kind concerned.
Deputy Administrator has the same meaning as in the Norfolk Island Act 1979 as in force immediately before the interim transition time.
Executive Council has the same meaning as in the Norfolk Island Act 1979 as in force immediately before the interim transition time.
interim transition time means the commencement of Part 1 of this Schedule.
land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.
land registration official , in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.
Legislative Assembly has the same meaning as in the Norfolk Island Act 1979 as in force immediately before the interim transition time.
liability means any liability, duty or obligation, whether actual, contingent or prospective.
responsible Commonwealth Minister has the same meaning as in the Norfolk Island Act 1979 .
transitional rules means rules made under item 185.
Division 2--Transitional rules
185 Transitional rules
(1) The responsible Commonwealth Minister may, by legislative instrument, make rules ( transitional rules ) prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments or repeals made by Part 1 of this Schedule.
(2) To avoid doubt, the transitional rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) amend this Act.
Division 3--Transfer of assets and liabilities
186 Vesting of assets of Executive Council or Legislative Assembly
(1) This item applies to an asset of the Executive Council or Legislative Assembly immediately before the interim transition time.
(2) At the interim transition time:
(a) the asset ceases to be an asset of the Executive Council or Legislative Assembly, as the case may be, and becomes an asset of the Administration without any conveyance, transfer or assignment; and
(b) the Administration becomes the successor in law in relation to the asset.
187 Vesting of liabilities of Executive Council or Legislative Assembly
(1) This item applies to a liability of the Executive Council or Legislative Assembly immediately before the interim transition time.
(2) At the interim transition time:
(a) the liability ceases to be a liability of the Executive Council or Legislative Assembly, as the case may be, and becomes a liability of the Administration without any conveyance, transfer or assignment; and
(b) the Administration becomes the successor in law in relation to the liability.
188 Vesting of assets of Ministers, members of the Legislative Assembly and members of the Executive Council
(1) This item applies to:
(a) an asset of a Minister, if the asset was held by the Minister immediately before the interim transition time in his or her capacity as a Minister; and
(b) an asset of a member of the Legislative Assembly, if the asset was held by the member of the Legislative Assembly immediately before the interim transition time in his or her capacity as a member of the Legislative Assembly; and
(c) an asset of a member of the Executive Council, if the asset was held by the member of the Executive Council immediately before the interim transition time in his or her capacity as a member of the Executive Council.
(2) At the interim transition time:
(a) the asset ceases to be an asset of the Minister, member of the Legislative Assembly or member of the Executive Council, as the case may be, and becomes an asset of the Administration without any conveyance, transfer or assignment; and
(b) the Administration becomes the successor in law in relation to the asset.
(3) In this item:
Minister has the same meaning as in the Norfolk Island Act 1979 as in force immediately before the interim transition time.
189 Vesting of liabilities of Ministers, members of the Legislative Assembly and members of the Executive Council
(1) This item applies to:
(a) a liability of a Minister immediately before the interim transition time, if the liability was in his or her capacity as a Minister; and
(b) a liability of a member of the Legislative Assembly immediately before the interim transition time, if the liability was in his or her capacity as a member of the Legislative Assembly; and
(c) a liability of a member of the Executive Council immediately before the interim transition time, if the liability was in his or her capacity as a member of the Executive Council.
(2) At the interim transition time:
(a) the liability ceases to be a liability of the Minister, member of the Legislative Assembly or member of the Executive Council, as the case may be, and becomes a liability of the Administration without any conveyance, transfer or assignment; and
(b) the Administration becomes the successor in law in relation to the liability.
(3) In this item:
Minister has the same meaning as in the Norfolk Island Act 1979 as in force immediately before the interim transition time.
190 Transfers of land to the Administration may be registered
(1) This item applies if:
(a) any land vests in the Administration under item 186 or 188; and
(b) there is lodged with a land registration official a certificate that:
(i) is signed by the responsible Commonwealth Minister; and
(ii) identifies the land, whether by reference to a map or otherwise; and
(iii) states that the land has become vested in the Administration under this Schedule.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
(3) A certificate under paragraph (1)(b) is not a legislative instrument .
191 Certificates relating to vesting of assets (other than land) in the Administration
(1) This item applies if:
(a) any asset other than land vests in the Administration under item 186 or 188; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the responsible Commonwealth Minister; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in the Administration under this Schedule.
(2) The assets official may:
(a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and
(b) make such entries in the register as are necessary having regard to the effect of this Part.
(3) A certificate under paragraph (1)(b) is not a legislative instrument .
Division 4--Transfer of other matters
192 Transitional--transfer of records to the Administration
(1) This item applies to any records or documents that were in possession of:
(a) a person in his or her capacity as a Minister; or
(b) the Legislative Assembly; or
(c) a person in his or her capacity as a member of the Legislative Assembly; or
(d) the Executive Council; or
(e) a person in his or her capacity as a member of the Executive Council; or
(f) a person in his or her capacity as the Deputy Administrator;
immediately before the interim transition time.
(2) The records and documents are to be transferred to the Administration after the interim transition time.
(3) In this item:
Minister has the same meaning as in the Norfolk Island Act 1979 as in force immediately before the interim transition time.
193 Transitional--employees of the Administration
(1) For the purposes of this item, a person is an eligible employee if, immediately before the interim transition time:
(a) the person was not an employee of the Administration; and
(b) the person was not an employee of a body corporate established by or under an enactment; and
(c) the person was:
(i) employed under the Public Service Act 2014 (Norfolk Island); or
(ii) employed under an enactment; or
(iii) acting in an official capacity for the Administration; or
(iv) under the transitional rules, taken to be an eligible employee for the purposes of this item.
(2) The eligible employee is taken, at the interim transition time to have become employed by the Administration.
(3) The eligible employee is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the eligible employee immediately before the interim transition time.
(4) This item does not prevent the terms and conditions of an eligible employee's employment after the interim transition time from being varied:
(a) in accordance with those terms and conditions; or
(b) by or under a law, award, determination or agreement.
(5) The eligible employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of a person as a result of this item.
(6) The eligible employee is taken to have accrued an entitlement to benefits, in connection with the eligible employee's employment with the Administration, that is equivalent to the entitlement that the eligible employee had as an employee immediately before the interim transition time.
(7) The service of the eligible employee as an employee of the Administration is taken, for all purposes, to have been continuous with his or her service as an employee before the interim transition time.
(8) Section 61A of the Norfolk Island Act 1979 applies to the eligible employee as if he or she had been engaged by the Administrator under section 10 of that Act.
(9) In this item:
vary , in relation to terms and conditions, includes:
(a) omit any of those terms and conditions; or
(b) add to those terms and conditions; or
(c) substitute new terms or conditions for any of those terms and conditions.
194 Transitional--annual financial statements
The amendments of sections 48B and 48C of the Norfolk Island Act 1979 made by this Schedule apply in relation to annual financial statements for:
(a) the financial year beginning on 1 July 2015; or
(b) a later financial year.
195 Transitional--annual reports
The amendments of section 48J of the Norfolk Island Act 1979 made by this Schedule apply in relation to an annual report for:
(a) the financial year beginning on 1 July 2015; or
(b) a later financial year.
Division 7--Administrative Appeals Tribunal
196 Public interest
Despite the amendments of sections 36B, 36C and 36D of the Administrative Appeals Tribunal Act 1975 made by Part 1 of this Schedule, those sections continue to apply after the interim transition time, in relation to matters that concern Norfolk Island, as if:
(a) the amendments had not been made; and
(b) the definitions of Attorney-General in subsections 36B(6), 36C(4) and 36D(8) were modified by omitting "the Norfolk Island Justice Minister", and substituting "the Commonwealth Attorney-General"; and
(c) paragraph (a) of the definition of Cabinet in subsection 36B(6) were modified by omitting "consists", and substituting "consisted".
Division 8--Historic shipwrecks
197 Continuity of declarations
The amendments of section 4A of the Historic Shipwrecks Act 1976 made by Part 1 of this Schedule do not affect the continuity of a declaration made under that section before the interim transition time.
Division 9--Public interest disclosure
198 Disclosable conduct
The amendments of the Public Interest Disclosure Act 2013 made by Part 1 of this Schedule, so far as they are relevant to determining what is disclosable conduct for the purposes of that Act, apply in relation to conduct occurring after the interim transition time.
199 Exemption from stamp duty and other State or Territory taxes
(1) No stamp duty or other tax is payable under a law of a State or a Territory in respect of an exempt matter, or anything connected with an exempt matter.
(2) For the purposes of this item, an exempt matter is:
(a) the vesting of an asset or liability under this Part; or
(b) the operation of this Part in any other respect; or
(c) the operation of the transitional rules.
(3) The responsible Commonwealth Minister may certify in writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing was connected with a specified exempt matter.
(4) In all courts, and for all purposes (other than for the purposes of criminal proceedings), a certificate under subitem (3) is prima facie evidence of the matters stated in the certificate.
200 Constitutional safety net
(1) If:
(a) any of the amendments or repeals made by this Schedule; or
(b) the operation of a provision of this Part or the transitional rules;
would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
201 Constitutional limits
This Part has no effect to the extent (if any) to which it imposes taxation.
202 Certificates taken to be authentic
A document that appears to be a certificate made or issued under a particular provision of this Part:
(a) is taken to be such a certificate; and
(b) is taken to have been properly given;
unless the contrary is established.
203 Power to make Ordinances
This Part does not, by implication, limit the matters that may be dealt with by Ordinances under section 19A of the Norfolk Island Act 1979 .
Part 3 -- Amendments contingent on the commencement of the Acts and Instruments (Framework Reform) Act 2015
204 Paragraph 10(2)(b)
Omit " 1988 );", substitute " 1988 ).".
205 Paragraph 10(2)(c)
Repeal the paragraph.
206 Transitional--Ordinances
Despite the repeal of paragraph 10(2)(c) of the Legislation Act 2003 by this Part, that paragraph continues to apply, in relation to an Ordinance made before the commencement of Part 1 of this Schedule, as if that repeal had not happened.