Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018 (Cth)
Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance.
Dated 27 September 2018
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Sussan Ley
Assistant Minister for Regional Development and Territories
Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development
Contents
1............ Name............................................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Schedules...................................................................................................................... 1
Schedule 1—Amendments 2
Norfolk Island Continued Laws Ordinance 2015 2
Schedule 2—Application of amendments 28
Norfolk Island Continued Laws Ordinance 2015 28
1 Name
This Ordinance is the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.
2 Commencement
(1) Each provision of this Ordinance specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Ordinance | The later of: (a) the start of the day after this Ordinance is registered; and (b) immediately after the commencement of the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018. | 29 September 2018 |
Note: This table relates only to the provisions of this Ordinance as originally made. It will not be amended to deal with any later amendments of this Ordinance.
(2) Any information in column 3 of the table is not part of this Ordinance. Information may be inserted in this column, or information in it may be edited, in any published version of this Ordinance.
3 Authority
This Ordinance is made under section 19A of the Norfolk Island Act 1979.
4 Schedules
Each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.
Schedule 1—Amendments
Norfolk Island Continued Laws Ordinance 2015
1 After item 1C of Schedule 1
Insert:
Administration Act 1936 (Norfolk Island)
1D Paragraph 8(1)(d)
After “officer”, insert “appointed under paragraph (c)”.
1E After subsection 8(2)
Insert:
(2A) In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.
2 Before item 1 of Schedule 1
Insert:
1F Subsection 5(3)
Repeal the subsection.
1G Subsection 5(5)
Omit “even if he or she is not qualified in accordance with subsection (3)”.
3 After item 2B of Schedule 1
Insert:
2BA Subsections 3(5) to (7)
Repeal the subsections, substitute:
(5) The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Council to be held by the Council as security for the payment of charges for or in relation to the landing, take‑off or movement of aircraft on or from the airport.
(6) The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.
4 Items 2D and 2E of Schedule 1
Repeal the items, substitute:
2D Section 3FA
Repeal the section.
5 Items 2H and 2J of Schedule 1
Repeal the items, substitute:
2H Regulation 3B
Repeal the regulation.
2J Subregulation 4(3)
Repeal the subregulation.
6 Item 2R of Schedule 1
Repeal the item, substitute:
2R Schedule (table B)
Repeal the table.
Animals (Importation) Act 1983 (Norfolk Island)
2S Section 5
Omit “Administrator may by instrument”, substitute “Chief Executive Officer may, by written instrument,”.
2T Section 11
Omit “and his powers under section 5”.
7 Item 22 of Schedule 1
Repeal the item, substitute:
21A Section 18 (paragraph (b) of the definition of territory instrumentality)
Omit “an Minister”, substitute “the Commonwealth Minister”.
Apiaries Act 1935 (Norfolk Island)
21B Section 3
Omit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.
21C Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Section 2 (definition of disease) | Minister | Chief Executive Officer |
| 2 | Paragraph 3A(1)(c) | Minister | Chief Executive Officer |
| 3 | Subsections 4(2), (3) and (4) | Minister | Chief Executive Officer |
| 4 | Section 5 | Minister | Chief Executive Officer |
| 5 | Subsections 7(1), 8(2) and (3) and 12(5) and (6) | Minister | Chief Executive Officer |
| 6 | Section 14 | Minister | Chief Executive Officer |
8 Item 22A of Schedule 1
Repeal the item, substitute:
21D Subsection 4(1)
Omit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.
21E Subsections 4(2) and 5(1), (3), (4) and (5)
Omit “Minister”, substitute “Chief Executive Officer”.
9 After item 24AF of Schedule 1
Insert:
Brands and Marks Act 1949 (Norfolk Island)
24AFA Subsection 10(1)
Omit “Minister may”, substitute “Chief Executive Officer may, by written instrument,”.
10 After item 24A of Schedule 1
Insert:
24AAA Section 61
Omit “Minister may, by instrument”, substitute “Chief Executive Officer may, by written instrument”.
11 After item 42 of Schedule 1
Insert:
Companies Regulations 1986 (Norfolk Island)
42A Paragraph 44(a)
Repeal the paragraph, substitute:
(a) a person who is a gaoler for the purposes of the Administration Act 1936;
Conveyancing Act 1913 (Norfolk Island)
42B Subsection 4(1)
Omit “Administrator”, substitute “Chief Executive Officer”.
12 After item 43A of Schedule 1
Insert:
43AA Subsection 37(2)
Omit “Minister determines”, substitute “Coroner directs”.
13 After item 63 of Schedule 1
Insert:
63A Subsections 6(3), (4), (5), (6), (7) and (8)
Omit “Minister”, substitute “Chief Executive Officer”.
63B Paragraphs 8(1)(b) and (c)
After “Minister”, insert “and the Chief Executive Officer”.
63C Subsection 8(5)
Omit “Minister”, substitute “Chief Executive Officer”.
14 After item 70 of Schedule 1
Insert:
Dogs Registration Act 1936 (Norfolk Island)
70A Section 3 (definition of approved)
Omit “Minister”, substitute “Chief Executive Officer”.
70B Section 4
Omit “Minister may”, substitute “Chief Executive Officer may, by written instrument,”.
70C Subsections 12A(1), (2) and (3) and 17A(2) and (6)
Omit “Minister”, substitute “Chief Executive Officer”.
15 After item 71 of Schedule 1
Insert:
71A Subregulation 3(1)
Omit “Minister”, substitute “Chief Executive Officer”.
16 After item 72 of Schedule 1
Insert:
Electricity (Licensing and Registration) Act 1985 (Norfolk Island)
72A Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1) | Minister | Chief Executive Officer |
| 2 | Section 13 | Minister | Chief Executive Officer |
| 3 | Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1) | Minister | Chief Executive Officer |
Electricity Supply Act 1985 (Norfolk Island)
72B Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1) | Minister | Chief Executive Officer |
| 2 | Paragraph 11(3)(c) | Minister | Chief Executive Officer |
| 3 | Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2) | Minister | Chief Executive Officer |
| 4 | Paragraph 15(3)(d) | Minister | Chief Executive Officer |
| 5 | Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1) | Minister | Chief Executive Officer |
Electricity Supply Regulations 1986 (Norfolk Island)
72C Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Paragraphs 13(5)(a) and (b) and 34A(1)(b) | Minister | Chief Executive Officer |
| 2 | Subregulation 34A(2) | Minister | Chief Executive Officer |
| 3 | Schedule 1 (item 12 of the table) | Minister | Chief Executive Officer |
| 4 | Schedule 2 (Form 3) | Minister | Chief Executive Officer |
17 After item 75 of Schedule 1
Insert:
75A Subsection 57(1)
Omit “Minister”, substitute “Chief Executive Officer”.
18 Items 78 to 81 of Schedule 1
Repeal the items, substitute:
78 Section 8 (definitions of Board and Chairman)
Repeal the definitions.
79 Section 8
Insert:
executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).
80 Section 8 (definitions of member and Secretary)
Repeal the definitions.
81 Part 2
Repeal the Part.
19 After item 82 of Schedule 1
Insert:
82A Paragraph 25(4)(b)
Omit “Board”, substitute “executive member”.
82B Paragraphs 25(4)(c) and (d)
Repeal the paragraphs, substitute:
(c) must then be considered by the executive member, who must approve, or refuse to approve, the application.
82C Paragraphs 25(5)(a) and (b)
Omit “Board” (wherever occurring), substitute “executive member”.
82D Subparagraphs 25(5)(b)(i) and (ii)
Omit “meeting”, substitute “hearing”.
82E Paragraphs 25(5)(c) and (d)
Repeal the paragraphs, substitute:
(c) is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.
82F Subsection 25(6) (definition of simple application)
Omit “consideration by the Board”, substitute “an invitation for public comment or a public hearing”.
20 Items 83 and 84 of Schedule 1
Repeal the items, substitute:
83 Subsection 26(1)
Omit “Board or” (wherever occurring).
84 Subsection 26(1)
Omit “Legislative Assembly”, substitute “Commonwealth Minister”.
21 Item 85 of Schedule 1 (subsection (2))
Omit “Board”, substitute “executive member”.
22 After item 86 of Schedule 1
Insert:
86A Subsection 27(7)
Omit “, the Board”.
86B Subsection 28(1)
Omit “(1) As”, substitute “As”.
86C Subsection 28(2)
Repeal the subsection.
23 After item 88 of Schedule 1
Insert:
88A Paragraph 128(1)(c)
Omit “under 6”, substitute “under Part 6”.
24 After item 97AAM of Schedule 1
Insert:
Fair Trading Act 1995 (Norfolk Island)
97AAN Subsections 30(1) and 31(1) and (2)
Omit “Minister”, substitute “Chief Executive Officer”.
Fencing Act 1913 (Norfolk Island)
97AANA Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Paragraph 2(2)(b) | Minister | Chief Executive Officer |
| 2 | Section 4 | Minister | Chief Executive Officer |
| 3 | Subsections 12(1), (2) and (3) | Minister | Chief Executive Officer |
25 After item 97B of Schedule 1
Insert:
Fire Control Act 2000 (Norfolk Island)
97C Section 5 (definition of approved)
Repeal the definition.
97D Section 5 (definition of authorised person)
Omit “Minister”, substitute “Chief Executive Officer”.
97E Section 5
Repeal the following definitions:
(a) definition of Board;
(b) definition of Chairperson;
(c) definition of member.
97F Part 2 (heading)
Repeal the heading, substitute:
Part 2—Chief Fire Control Officer, Fire Control Officers and authorised persons
97G Sections 6 to 13
Repeal the sections.
97H Subsections 14(1) and 16(1)
Omit “Minister may”, substitute “Chief Executive Officer may, by written instrument,”.
97J Subsection 16(1)
Omit “Minister thinks”, substitute “Chief Executive Officer thinks”.
97K Subsections 16(3) and (4)
Omit “Minister”, substitute “Chief Executive Officer”.
97L Section 17
Omit “Minister may”, substitute “Chief Executive Officer may, by written instrument,”.
97M Subsection 18(1)
Omit “Minister”, substitute “Chief Executive Officer”.
26 Before item 98 of Schedule 1
Insert:
97N Subsection 8(1)
Omit “20 cents”, substitute “25 cents”.
97P At the end of subsection 8(1)
Add:
Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.
97Q Subsection 10(1)
Omit “10 cents”, substitute “25 cents”.
97R At the end of subsection 10(1)
Add:
Note: This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.
27 After item 98 of Schedule 1
Insert:
98A Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6) | Minister | Chief Executive Officer |
| 2 | Paragraphs 9(3)(a) and (e) | Minister | Chief Executive Officer |
| 3 | Subsection 9(4) | Minister | Chief Executive Officer |
| 4 | Section 11 | Minister | Chief Executive Officer |
| 5 | Subsections 14(1) and (2), 15(2), 17(1) and 19(1) | Minister | Chief Executive Officer |
| 6 | Schedule | Minister | Chief Executive Officer |
28 At the end of item 167A of Schedule 1
Add:
12F Delegation by Norfolk Island Regional Council
The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.
Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.
12G Delegation by Chief Executive Officer
(1) The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.
Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.
(2) The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.
(3) Sections 34AA, 34AB and 34A of the ActsInterpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.
(4) Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:
(a) if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or
(b) otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.
(5) In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.
29 Item 194A of Schedule 1
Repeal the item, substitute:
194A Section 3
Repeal the following definitions:
(a) definition of Committee;
(b) definition of member;
(c) definition of Public Service.
30 After item 195 of Schedule 1
Insert:
195A Part 2
Repeal the Part.
195B Subsection 13(3)
Omit “or the Committee” (wherever occurring).
31 Item 197A of Schedule 1
Repeal the item, substitute:
197A Subsections 16(1) and (3)
Repeal the subsections.
197AA Subsection 16(4)
Omit “also”.
197AB Subsection 16(6)
Omit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.
197AC Subsection 16(7)
Repeal the subsection.
197AD Subsection 17(1)
Omit all the words after “request that”, substitute “the Minister reconsider the Minister’s decision”.
197AE Subsection 17(3)
Omit “Committee or the Minister, as the case may be,”, substitute “Minister”.
197AF Section 27 (heading)
Repeal the heading, substitute:
27 Immunity
197AG Section 27
Omit “who is or has been a member of the Committee in relation to an Act done”, substitute “in relation to an act done”.
197AH Subsection 28(1)
Omit “a member of the Committee, or”.
197AI Subsection 28(2)
Omit “A member of the Committee or an”, substitute “An”.
197AJ Subsection 28(3)
Repeal the subsection.
197AK Paragraph 29(1)(b)
Omit “or the Committee”.
197AL Section 31
Repeal the section.
32 After item 199 of Schedule 1
Insert:
Lighterage Act 1961 (Norfolk Island)
199A Subsection 8(1)
Omit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.
199B Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Subsections 4(1) and (2) and 5(1) and (2) | Minister | Chief Executive Officer |
| 2 | Section 6 | Minister | Chief Executive Officer |
| 3 | Subsections 11A(1) and (2) | Minister | Chief Executive Officer |
33 Item 200AA of Schedule 1
Repeal the item, substitute:
200AA Subsection 4(1)
Insert:
aircraft includes aeroplanes, seaplanes, airships, balloons and any other means of aerial locomotion.
200AB Subsection 4(1) (definitions of Board and member)
Repeal the definitions.
200AC Subsection 4(1)
Insert:
member of the crew, of an aircraft or a ship, includes:
(a) for an aircraft—the pilot; and
(b) for a ship—the master, a mate and an engineer.
34 After item 200 of Schedule 1
Insert:
200AAA Subsection 4(1) (definition of Registrar)
Omit “the Liquor Licensing Board”, substitute “Liquor Licences”.
35 After item 200A of Schedule 1
Insert:
200B Section 6
Repeal the section.
200C Section 7 (heading)
Repeal the heading, substitute:
7 Standards
200D Subsection 7(1)
Repeal the subsection.
200E Subsection 7(2)
Omit “(2) The Board may with the approval of the Minister”, substitute “The Chief Executive Officer may”.
200F Sections 8 to 12
Repeal the sections.
200G Section 13 (heading)
Repeal the heading, substitute:
13 Registrar of Liquor Licences
200H Subsection 13(1)
Omit “the Board”, substitute “Liquor Licences”.
200J Paragraph 13(2)(b)
Omit “Board”, substitute “Chief Executive Officer”.
200K Paragraph 13(2)(e)
Repeal the paragraph.
200L Paragraph 13(2)(f)
Omit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.
200M Section 18 (heading)
Omit “Inspector’s report for”, substitute “Report on”.
200N Subsection 18(1)
After “chief inspector”, insert “or an inspector”.
200P Subsection 18(2)
After “chief inspector”, insert “or inspector (as the case may be)”.
200Q Subsection 18(3)
Omit “of the chief inspector”.
36 After item 201 of Schedule 1
Insert:
201A At the end of subsection 26(1)
Add:
; or (c) an inspector.
201B Subsection 26(4)
Omit “inspector”, substitute “chief inspector or an inspector”.
201C Section 27 (heading)
After “chief inspector”, insert “or inspector”.
201D Section 27
After “chief inspector”, insert “or an inspector”.
201E Paragraph 27(c)
Omit “inspector”, insert “applicant for the variation”.
201F Section 30 (heading)
After “Chief inspector’s report”, insert “Report on application”.
201G Subsection 30(1)
After “chief inspector”, insert “or an inspector”.
201H Subsection 30(2)
After “chief inspector”, insert “or inspector (as the case may be)”.
201J Subsections 30(3) and (4)
Omit “of the chief inspector”.
201K Subsection 32(1)
Omit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.
201L Paragraph 32(3)(c)
Omit “inspector”, substitute “applicant for the order”.
201M Subsection 34(1)
After “chief inspector” (first occurring), insert “or an inspector”.
201N Subsection 34(1)
After “chief inspector” (second occurring), insert “or inspector (as the case may be)”.
201P Paragraph 34(3)(c)
Omit “inspector”, substitute “applicant for the order”.
201Q Subsection 38(1)
Omit “section 39”, substitute “section 37”.
201R Division 1 of Part 4 (heading)
Omit “Hearing procedures”, substitute “Inspection of premises”.
201S Sections 39 to 43
Repeal the sections.
201T Subsection 44(1)
Repeal the subsection, substitute:
(1) If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.
(1A) The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.
201U Subsections 44(2) and (3)
After “subsection 44(1)”, insert “or (1A)”.
37 After item 202 of Schedule 1
Insert:
202AA Paragraph 45(6)(d)
Omit “section 32 from the chief inspector”, substitute “subsection 18(2)”.
202AB Paragraph 45(6)(e)
Omit “section 32 to the report of the chief inspector”, substitute “subsection 18(4) to the report”.
202AC Paragraphs 48(2)(d) and (e)
Omit “from the chief inspector”.
202AD Paragraph 50(1)(a)
Omit “at an annual meeting”, substitute “before 1 July in a year”.
202AE Paragraph 50(1)(b)
Omit “at a special meeting”, substitute “on or after 1 July in a year”.
202AF Subsection 56(1)
After “chief inspector”, insert “or an inspector”.
202AG Subsection 56(2)
After “chief inspector”, insert “or inspector (as the case may be)”.
202AH Subsection 56(3)
Omit “from the chief inspector”.
202AI Subsection 56(4)
Omit “of the chief inspector”.
202AJ Paragraphs 57(e) and (f)
Omit “of the chief inspector”.
202AK Subsection 64(2)
After “chief inspector”, insert “or an inspector”.
202AL Subsection 64(3)
Omit “of the chief inspector”, substitute “mentioned in subsection (2)”.
38 Item 202D of Schedule 1
Repeal the item, substitute:
202D Subsection 98(2) (paragraphs (c) to (e) of the definition of official)
Repeal the paragraphs, substitute:
(d) the Registrar;
(e) a public servant;
202DA Amendments of listed provisions—substituting references to Board with references to Chief Executive Officer
| Substituting references to Board with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Subsection 4(1) (definitions of approved and approved form) | Board | Chief Executive Officer |
| 2 | Subsections 16(1) and (3), 17(1), 18(4) and 19(1) | Board | Chief Executive Officer |
| 3 | Paragraphs 19(2)(e) and 20(3)(e) | Board | Chief Executive Officer |
| 4 | Subsection 20(4) | Board | Chief Executive Officer |
| 5 | Paragraph 22(1)(c) | Board | Chief Executive Officer |
| 6 | Subsection 26(1) | Board | Chief Executive Officer |
| 7 | Section 27 | Board | Chief Executive Officer |
| 8 | Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2) | Board | Chief Executive Officer |
| 9 | Division 3 of Part 4 (heading) | Board | Chief Executive Officer |
| 10 | Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2) | Board | Chief Executive Officer |
| 11 | Section 54 | Board | Chief Executive Officer |
| 12 | Subsection 55(1) | Board | Chief Executive Officer |
| 13 | Sections 57 and 58 | Board | Chief Executive Officer |
| 14 | Subsections 60(2), (3), (4), (5) and (7) and 61(1) | Board | Chief Executive Officer |
| 15 | Sections 88 and 96 | Board | Chief Executive Officer |
| 16 | Subparagraph 97(2)(a)(iii) | Board | Chief Executive Officer |
Liquor Regulations 2006 (Norfolk Island)
202DB Subregulation 15(4) (note)
Omit “inspector to ensure adequate measure”, substitute “chief inspector or an inspector to ensure adequate measures”.
202DC Paragraph 21(c)
Omit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.
202DD Paragraph 21(c)
Omit “Inspector or police” (second occurring), substitute “chief inspector, inspector or a member of the Police Force”.
202DE Schedule (Form 1)
Omit “the Liquor Licensing Board”, substitute “Liquor Licences”.
202DF Schedule (Form 8)
Omit “Chief Inspector”, substitute “Chief inspector or Inspector”.
202DG Amendments of listed provisions—substituting references to Board with references to Chief Executive Officer
| Substituting references to Board with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Subregulations 13(1), (2), (3), (4), (5), (6) and (7) | Board | Chief Executive Officer |
| 2 | Regulations 17 and 18 | Board | Chief Executive Officer |
| 3 | Subregulation 23(1) | BOARD | CHIEF EXECUTIVE OFFICER |
39 After item 202EA of Schedule 1
Insert:
202EB Subsections 61(1) and 62(2)
Omit “Minister”, substitute “Chief Executive Officer”.
40 After item 206AV of Schedule 1
Insert:
Migratory Birds Act 1980 (Norfolk Island)
206AW Section 18
Omit “Minister”, substitute “Chief Executive Officer”.
41 After item 209 of Schedule 1
Insert:
Norfolk Island National Park and Norfolk Island Botanic Garden Act 1984 (Norfolk Island)
209AA Subsection 4(1)
Omit “Minister”, substitute “Chief Executive Officer”.
209AB Section 7
Omit “Minister”, substitute “Chief Executive Officer”.
42 After item 209A of Schedule 1
Insert:
Noxious Weeds Act 1916 (Norfolk Island)
209B Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Subsections 5(1), (3) and (5) | Minister | Chief Executive Officer |
| 2 | Paragraph 6(b) | Minister | Chief Executive Officer |
| 3 | Section 7 | Minister | Chief Executive Officer |
| 4 | Schedule 2 | Minister | Chief Executive Officer |
43 After item 210 of Schedule 1
Insert:
Pasturage and Enclosure Act 1949 (Norfolk Island)
210A Subsection 9(3)
Omit “executive member”, substitute “Chief Executive Officer”.
210B Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Section 5 | Minister | Chief Executive Officer |
| 2 | Subsections 6(1) and 7(1), (2) and (4) | Minister | Chief Executive Officer |
| 3 | Section 8 | Minister | Chief Executive Officer |
| 4 | Paragraphs 9(1)(c) and (d) | Minister | Chief Executive Officer |
| 5 | Subsections 9(2) and (3) and 12(1) and (3) | Minister | Chief Executive Officer |
Pasturage and Enclosure Regulations (Norfolk Island)
210C Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit | Substitute |
| 1 | Subregulation 4(1) | Minister | Chief Executive Officer |
| 2 | Paragraphs 4(2)(a) and (b) | Minister | Chief Executive Officer |
| 3 | Regulation 5 | Minister | Chief Executive Officer |
44 After item 228 of Schedule 1
Insert:
228AA Section 94
Omit “Minister”, substitute “Chief Executive Officer”.
45 After item 232 of Schedule 1
Insert:
Plant and Fruit Diseases Act 1959 (Norfolk Island)
232AE Subsections 5(1) and (2)
Omit “Minister”, substitute “Chief Executive Officer”.
232AF Subsection 19(1)
Omit “Minister” (first occurring), substitute “Chief Executive Officer”.
46 After item 232B of Schedule 1
Insert:
Pounds Act 1934 (Norfolk Island)
232BA Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit | Substitute |
| 1 | Section 2 (paragraph (a) of the definition of ranger) | Minister | Chief Executive Officer |
| 2 | Subsections 3(1) and (2) | Minister | Chief Executive Officer |
| 3 | Paragraph 21(c) | Minister | Chief Executive Officer |
47 Before item 274 of Schedule 1
Insert:
272 Subsection 10(1)
Omit “(1) The Minister”, substitute “The Chief Executive Officer”.
273 Subsection 10(2)
Repeal the subsection.
48 After item 275 of Schedule 1
Insert:
275A Subsection 18(2)
Omit “Administrator”, substitute “Chief Executive Officer”.
275B Paragraph 20(1)(c)
Omit “the Administrator and the Minister”, substitute “the Chief Executive Officer”.
275C Subsection 20(2)
Omit “Administrator”, substitute “Chief Executive Officer”.
49 After item 276 of Schedule 1
Insert:
277 Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Section 11 | Minister | Chief Executive Officer |
| 2 | Subsection 16(1) | Minister | Chief Executive Officer |
| 3 | Section 17 | Minister | Chief Executive Officer |
| 4 | Subsection 19(1) | Minister | Chief Executive Officer |
| 5 | Section 22 | Minister | Chief Executive Officer |
| 6 | Subsections 24(1) and (2) | Minister | Chief Executive Officer |
50 After item 294A of Schedule 1
Insert:
294C Section 32
Omit “Minister may, by instrument”, substitute “Chief Executive Officer may, by written instrument”.
Sale of Food Act 1950 (Norfolk Island)
294D Paragraph 4(a)
Omit “Minister”, substitute “Chief Executive Officer”.
294E Subsections 5(1) and (2) and 8(1)
Omit “Minister” (wherever occurring), substitute “Chief Executive Officer”.
294F Schedule (Form B)
Omit “Minister”, substitute “Chief Executive Officer”.
Sale of Food (Eating Houses) Regulations (Norfolk Island)
294G Subregulation 2(1) (definition of inspector)
Omit “Minister”, substitute “Chief Executive Officer”.
294H Subregulation 2(1)
Insert:
registered medical practitioner has the same meaning as in the Health Practitioners Act 1983 (NI).
294J Subregulation 11(4)
Omit “the Minister or”.
294K Subregulation 11(4)
Omit “the Government Medical Officer for examination and the Government Medical Officer”, substitute “a registered medical practitioner for examination and the practitioner”.
294L Subregulation 11(6)
Omit “the Minister may give a copy of the notice”, substitute “a copy of the notice may be given”.
294M Subregulation 11(7)
Omit “the Government Medical Officer stating that the Government Medical Officer”, substitute “a registered medical practitioner stating that the practitioner”.
51 Before item 296 of Schedule 1
Insert:
295A Subsections 5(1), (3) and (4)
Omit “Minister”, substitute “Chief Executive Officer”.
52 After item 297AA of Schedule 1
Insert:
297AAA Subsection 3(1) (definition of gaoler)
Repeal the definition, substitute:
gaoler means a person who is a gaoler for the purposes of the Administration Act 1936.
53 After item 298 of Schedule 1
Insert:
Slaughtering Act 1913 (Norfolk Island)
299 Subsection 2(4)
Omit “land declared or deemed to be declared to be a common or public reserve under the Commons and Public Reserves Act 1936 unless the Minister”, substitute “land that is a reserve under the Public Reserves Act 1997 unless the Chief Executive Officer”.
300 Subsection 6(1)
Omit “the Government Medical Officer,”.
301 Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Sections 3 and 4 | Minister | Chief Executive Officer |
| 2 | Subsection 6(1) | Minister | Chief Executive Officer |
| 3 | Section 7 | Minister | Chief Executive Officer |
| 4 | Subsection 8(1) | Minister | Chief Executive Officer |
| 5 | Sections 9 and 11 | Minister | Chief Executive Officer |
| 6 | Subsections 12(1) and (2) | Minister | Chief Executive Officer |
Stock Diseases Act 1936 (Norfolk Island)
302 Section 4
Omit “Minister may appoint”, substitute “Chief Executive Officer may, by written instrument, appoint”.
54 After item 335A of Schedule 1
Insert:
335C Section 24
Omit “Minister may, by instrument”, substitute “Chief Executive Officer may, by written instrument”.
55 After item 338C of Schedule 1
Insert:
338D Paragraph 23(b)
Omit “Minister”, substitute “Chief Executive Officer”.
338E Subsection 28(1)
Omit “Minister”, substitute “Chief Executive Officer”.
56 Item 339 of Schedule 1
Repeal the item, substitute:
339 Subsection 28(5)
Repeal the subsection.
339AA Subsection 30(2)
Omit “Minister”, substitute “Chief Executive Officer”.
339AB Subsection 30(3)
Repeal the subsection.
339AC Subsection 33(2)
After “32(a)”, insert “, or the approved fees payable under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI)),”.
57 After item 341 of Schedule 1
Insert:
Tourist Accommodation Act 1984 (Norfolk Island)
341AAA Subsection 14(2)
Omit all the words from and including “Where” to and including “the reference”, substitute “If no person is registered under section 6 as the manager of a tourist accommodation house, the reference”.
341AAB Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Subsection 5(3) | Minister | Chief Executive Officer |
| 2 | Paragraph 5(4)(b) | Minister | Chief Executive Officer |
| 3 | Subsections 7(1), (2), (3), (3A), (4), (4B), (5) and (6), 15(2), 17(1), (2), (3), (3A) and (5) and 18(1) | Minister | Chief Executive Officer |
| 4 | Paragraph 26(1)(a) | Minister | Chief Executive Officer |
| 5 | Subsections 26(2) and (4), 27(1), (3), (4) and (5) and 29(1), (2) and (3) | Minister | Chief Executive Officer |
| 6 | Section 30 | Minister | Chief Executive Officer |
| 7 | Subsection 31A(4) | Minister | Chief Executive Officer |
58 After item 341DA of Schedule 1
Insert:
341DB Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Subsections 5(1), 6(1), 14A(1), 14D(2) and (3), 17(2) and 38A(2) and (4) | Minister | Chief Executive Officer |
| 2 | Paragraph 38A(5)(b) | Minister | Chief Executive Officer |
| 3 | Subsections 39(2), 44(1), 50(1) and 52B(4) | Minister | Chief Executive Officer |
59 After item 341G of Schedule 1
Insert:
341H Subregulations 17(1), 18(1), and 19(1) and (2)
Omit “Minister” (wherever occurring), substitute “Chief Executive Officer”.
341J Subregulation 19(4)
Repeal the subsection.
341K Subregulation 20(2)
Omit “Minister”, substitute “Chief Executive Officer”.
341L Subregulation 20(4)
Repeal the subsection.
60 After item 341T of Schedule 1
Insert:
341U Subsection 5A(1)
Omit “the Minister shall”, substitute “the Minister, or a delegate of the Minister, must”.
61 After item 343 of Schedule 1
Insert:
343AA Section 26
Repeal the section.
62 At the end of Part 1 of Schedule 1
Add:
343B Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Section 5 (definition of approved) | Minister | Chief Executive Officer |
| 2 | Subsections 6(1) and (3), 8(1), 9(1) and (2), 10(1) and (3), 11(1), 12(1), 13(2), 16(1) and (4) and 17(1), (2) and (3) | Minister | Chief Executive Officer |
| 3 | Paragraph 18(2)(d) | Minister | Chief Executive Officer |
| 4 | Subsection 19(2) | Minister | Chief Executive Officer |
| 5 | Section 20 | Minister | Chief Executive Officer |
| 6 | Subsection 22(1) | Minister | Chief Executive Officer |
| 7 | Section 23 | Minister | Chief Executive Officer |
| 8 | Subsections 25(1) and (2) | Minister | Chief Executive Officer |
| 9 | Section 27 | Minister | Chief Executive Officer |
Waste Management Act 2003 (Norfolk Island)
343C At the end of section 8
Add:
(5) Levy imposed by this section is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.
343D Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer
| Substituting references to Minister with references to Chief Executive Officer | |||
| Item | Provision | Omit (wherever occurring) | Substitute |
| 1 | Section 3 (definition of authorised receptacle) | Minister | Chief Executive Officer |
| 2 | Subsections 4(1), (2) and (3) and 5(1), (2) and (3) | Minister | Chief Executive Officer |
| 3 | Section 7 | Minister | Chief Executive Officer |
| 4 | Subsections 17(3) and 18(1) | Minister | Chief Executive Officer |
Waste Management Regulations 2004 (Norfolk Island)
343E Regulation 2
Insert:
motor vehicle has the same meaning as in the Traffic Act 2010.
343F After regulation 2
Insert:
2A Prescribed vehicles
For the purposes of subsection 8(4) of the Act, a motor vehicle is a prescribed vehicle.
343G Subregulation 3(1)
Omit “subregulation (2)”, substitute “subregulations (2) and (3)”.
343H Paragraph 3(1)(c)
Omit “$32”, substitute “$41”.
343J Paragraph 3(1)(d)
Omit “$0.26 per kilogram”, substitute “$41 per cubic metre or tonne (whichever is greater)”.
343K Subregulation 3(2)
Omit “$100”, substitute “$150”.
343L At the end of regulation 3
Add:
(3) Levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater).
Note: This regulation was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendments apply from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.
Schedule 2—Application of amendments
Norfolk Island Continued Laws Ordinance 2015
1 In the appropriate position in Part 2 of Schedule 1
Insert:
Division 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018
382 Definitions
In this Division:
amending Ordinance means the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.
commencement time means the time at which the amending Ordinance commences.
repealed body means:
(a) the Fire Advisory Board; or
(b) the Legal Aid Advisory Committee; or
(c) the Liquor Licensing Board; or
(d) the Norfolk Island Planning Board.
383 General saving provision
(1) The amendments made by the operation of the amending Ordinance do not affect the validity at or after the commencement time of anything done before that time.
Example: Applications, appointments and instruments made, and permits granted, before the commencement time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.
(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, at or after the commencement time, under an enactment amended by this Schedule, of anything done under the enactment before the commencement time.
384 General transitional provision
(1) This item applies, subject to item 385, if an enactment is amended by the operation of the amending Ordinance to include a reference to the Chief Executive Officer.
(2) If the exercise of a power, or the performance of a function or duty, by the Chief Executive Officer at or after the commencement time is affected by the doing of anything before that time, the enactment has effect at and after that time as if anything that was done by or in relation to the Minister or Administrator before that time had been done by or in relation to the Chief Executive Officer.
385 Transitional—things done by, or in relation to, repealed bodies
Anything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the Chief Executive Officer.
386 Transitional—transfer of records and documents of repealed bodies
(1) This item applies to any records or documents that were in the possession of a repealed body immediately before the commencement time.
(2) The records and documents are to be transferred to the Norfolk Island Regional Council after the commencement time.
387 Immunity and secrecy obligations of former Legal Aid Advisory Committee members
Section 27 and 28 of the Legal Aid Act 1995, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the amending Ordinance.
388 Security deposits under the Airport Act 1991 (Norfolk Island)
(1) Despite the repeal of the security deposit provisions by this Schedule at the commencement time, those provisions continue to apply at and after that time in relation to an aircraft operator to whom they applied immediately before that time, until:
(a) the operator enters into an arrangement with the Chief Executive Officer under subsection 3(5) of the Airport Act 1991 (Norfolk Island), as in force at and after that time; or
(b) the Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.
(2) If the Chief Executive Officer gives an aircraft operator a notice under paragraph (1)(b), the Norfolk Island Regional Council must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the Council as at the time the notice is given.
(3) In this item:
security deposit provisions means the following provisions, as in force immediately before the commencement time:
(a) subsections 3(5) to (7) of the Airport Act 1991 (Norfolk Island);
(b) regulations 3B and 4 of, and Table B of the Schedule to, the Airport Regulations 1992 (Norfolk Island).
389 Levy imposed under the Fuel Levy Act 1987 (Norfolk Island) and the Waste Management Regulations 2004 (Norfolk Island)
(1) The amendments of the levy provisions by the operation of the amending Ordinance apply in relation to levy imposed on and after 1 October 2018.
(2) In this item:
levy provisions means the following provisions, as in force immediately before the commencement time:
(a) section 8 of the Fuel Levy Act 1987 (Norfolk Island);
(b) regulation 3 of the Waste Management Regulations 2004 (Norfolk Island).
390 Passing on of fuel levy under the Fuel Levy Act 1987 (Norfolk Island)
The amendment of section 10 of the Fuel Levy Act 1987 (Norfolk Island) by the operation of the amending Ordinance applies in relation to fuel sold on and after 1 October 2018.
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