Norfolk Island Amendment Act 2004
No. 6, 2004
An Act to amend the law relating to Norfolk Island, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Norfolk Island Act 1979
Part 1—Electoral amendments
Part 2—Statute law revision amendments
Division 1—Gender‑neutral language: his or her
Division 2—Gender‑neutral language: he or she
Division 3—Gender‑neutral language: him or her
Division 4—Conjunctions
Norfolk Island Amendment Act 2004
No. 6, 2004
An Act to amend the law relating to Norfolk Island, and for related purposes
[Assented to 10 March 2004]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Norfolk Island Amendment Act 2004.
2 Commencement
This Act commences on the day after it receives the Royal Assent.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Norfolk Island Act 1979
Part 1—Electoral amendments
1 After paragraph 38(b)
Insert:
and (ba) he or she is an Australian citizen; and
2 At the end of paragraphs 39(2)(a) and (c)
Add “or”.
3 After paragraph 39(2)(d)
Insert:
(da) he or she ceases to be an Australian citizen; or
4 Application of item 3
The amendment made by item 3 applies to a person who is elected as a member of the Legislative Assembly on or after the commencement of this Schedule.
5 After Division 1 of Part V
Insert:
Division 1A—Qualifications of electors
39A Entitlement to enrolment on the electoral roll
(1) A person is entitled to enrolment if, at the time of applying for enrolment, the person:
(a) is at least 18; and
(b) is an Australian citizen; and
(c) has been ordinarily resident within the Territory for 6 months immediately before the application.
(2) A person whose name has been removed from the electoral roll under paragraph 7(1)(b) or (c) of the Legislative Assembly Act 1979 (Norfolk Island) is entitled to enrolment if, at the time of applying for enrolment, the person:
(a) is an Australian citizen; and
(b) has been present in the Territory for 150 days of the 240 days immediately before the application.
(3) Section 7A of the Legislative Assembly Act 1979 (Norfolk Island), as in force when this section commences, applies for the purposes of subsection (2) of this section in the same way as it applies for the purposes of section 7 of the Legislative Assembly Act 1979 (Norfolk Island).
(4) However, if:
(a) a person has been convicted of an offence against a law of the Commonwealth, a State or a Territory; and
(b) the person is under sentence of imprisonment for one year or longer;
the person is not entitled to enrolment under this section during the period of imprisonment.
(5) This section has effect despite subsections 6(1) and (2) of the
Overview
The Norfolk Island Amendment Act 2004 was enacted by the Parliament of Australia to amend the existing legal framework relating to Norfolk Island, addressing certain deficiencies and updating provisions as needed. The Act makes several amendments to the Norfolk Island Act 1979, primarily focusing on electoral reforms and statute law revisions to modernise the legislative language. The policy objective behind these amendments was to ensure that Norfolk Island's legal system remains current and inclusive, particularly in relation to electoral qualifications and gender-neutral language. The Act introduces new qualifications for enrolment and voting in Norfolk Island’s Legislative Assembly elections and updates the language in various sections to be gender-neutral, reflecting contemporary societal values and ensuring equal treatment under the law.
Scope and Application
The Norfolk Island Amendment Act 2004 is an Act of the Parliament of Australia that amends the Norfolk Island Act 1979. The Act applies to Norfolk Island and its residents, specifically targeting the electoral laws and statute revisions to make them gender-neutral. It is applicable to any person who is involved in the electoral process on Norfolk Island, including those who are eligible to vote or be enrolled in the electoral roll. The Act applies to individuals who are ordinarily residents of Norfolk Island for a specified period, as well as those who are Australian citizens and meet the residency requirements. The Act also imposes restrictions on individuals who have been convicted of certain offences and are serving a sentence of imprisonment of one year or more, preventing them from being enrolled in the electoral roll during their period of imprisonment. The Act's provisions extend to any subordinate instruments that may be created under it to further define or implement its provisions.
Key Provisions
- The Norfolk Island Amendment Act 2004 primarily focuses on making amendments to the Norfolk Island Act 1979. Section 1 of the Act provides the short title, while Section 2 specifies that the Act commences on the day after it receives the Royal Assent. Section 3 details how each Act specified in the Schedule is amended or repealed according to the applicable items. Part 1 of Schedule 1 pertains to electoral amendments, introducing changes to the qualifications and procedures for electoral enrolment and voting. Section 39A outlines the conditions for entitlement to enrolment on the electoral roll, such as being at least 18 years old, being an Australian citizen, and having been ordinarily resident within the Territory for a certain period. Section 39B confirms that individuals whose names are on the electoral roll are entitled to vote in Legislative Assembly elections. Section 39C mandates the removal of individuals who cease to be Australian citizens from the electoral roll. These amendments apply to individuals who are elected or apply for enrolment on or after the commencement of the Schedule.
- The obligations imposed by the Act on parties and entities it governs include ensuring that electoral processes comply with the new qualifications and procedures. The Returning Officer, for instance, must enforce the removal of individuals who cease to be Australian citizens from the electoral roll. Additionally, any person applying for enrolment on the electoral roll must meet the conditions set out in Section 39A. These obligations are designed to maintain the integrity and inclusivity of the electoral process on Norfolk Island. The Act also revises statute law to use gender-neutral language, as outlined in Part 2 of Schedule 1, ensuring that the language of the legislation is inclusive and non-discriminatory.
- The Act provides for various consequences for breaches of its provisions. Under Section 39D, a person who is not entitled to enrolment on the electoral roll, such as someone convicted of an offence and serving a sentence of imprisonment for one year or longer, will be ineligible to enrol. This restriction is crucial to maintaining the integrity of the electoral process. Furthermore, any failure by the Returning Officer to comply with the requirements of Section 39C could result in administrative penalties or other corrective measures. These provisions ensure that the electoral system on Norfolk Island operates fairly and legally, upholding the democratic principles intended by the legislation.
- Area of Law
- Electoral Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Civil Penalty Provisions
- Reporting & Disclosure Obligations
