Norfolk Island Legislation Amendment Act 2015 (Cth)

Norfolk Island Legislation Amendment Act 2015

No. 59, 2015

Compilation No. 1

Compilation date: 24 March 2016

Includes amendments up to: Act No. 33, 2016

Registered: 6 June 2016

About this compilation

This compilation

This is a compilation of the Norfolk Island Legislation Amendment Act 2015 that shows the text of the law as amended and in force on 24 March 2016 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to amend the Norfolk Island Act 1979, and for other purposes

1Short title

This Act may be cited as the Norfolk Island Legislation Amendment Act 2015.

2Commencement

1. (1)

   Each provision of this Act 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. Sections 1 to 4 and anything in this Act not elsewhere covered by this table	The day this Act receives the Royal Assent.	26 May 2015
2. Schedule 1, Part 1	A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period.	18 June 2015 (F2015L00834)
3. Schedule 1, Part 2	The day after this Act receives the Royal Assent.	27 May 2015
4. Schedule 1, Part 3	The later of: (a) immediately after the commencement of the provisions covered by table item 2; and (b) the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015.	5 March 2016 (paragraph (b) applies)
5. Schedule 2, Part 1	1 July 2016.	1 July 2016
6. Schedule 2, Part 2	At the same time as the provisions covered by table item 2.	18 June 2015
7. Schedule 3	The day after this Act receives the Royal Assent.	27 May 2015

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

1. (2)

   Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3Schedules

1. (1)

   Legislation 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.

2. (2)

   The amendment of any regulation under subsection (1) does not prevent the regulation, as so amended, from being amended or repealed by the Governor‑General.

4Translation of a reference to the Legislative Instruments Act 2003

If Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 commences before the commencement of Part 1 of Schedule 1 to this Act, the reference in Division 2 of that Part to the Legislative Instruments Act 2003 is to be read as a reference to the Legislation Act 2003.

Schedule 1—Interim arrangements etc.

Part 1General amendmentsDivision 1Amendment of the Norfolk Island Act 1979

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.

1. 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.

1. 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:

1. (a)

   a section 19A Ordinance; or

2. (b)

   an Ordinance continued in force by this Act; or

3. (c)

   a Legislative Assembly law continued in force by this Act.

1. 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.

1. 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.

1. 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:

7Exercise of Administrator’s powers etc.

1. (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:

   1. (a)

      in accordance with the tenor of his or her Commission; and

   2. (b)

      in accordance with such written directions (if any) as are given to him or her by the responsible Commonwealth Minister.

2. (2)

   A direction under paragraph (1)(b) may be of a general or specific nature.

3. (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:

   1. (a)

      notify the responsible Commonwealth Minister of the Administrator’s intention to exercise that power or perform that function; and

   2. (b)

      do so at least the specified number of days before exercising that power or performing that function.

7ADelegation by the Administrator

1. (1)

   The Administrator may, by writing, delegate any or all of the Administrator’s functions and powers to:

   1. (a)

      the Executive Director; or

   2. (b)

      an employee of the Administration; or

   3. (c)

      a person who holds, or performs the duties of, an office under an enactment; or

   4. (d)

      an employee of a body corporate established by or under an enactment.

Directions

1. (2)

   A delegate must comply with:

   1. (a)

      any written directions of the Administrator; and

   2. (b)

      any written directions of the responsible Commonwealth Minister.

2. (3)

   A direction under subsection (2) may be of a general or specific nature.

3. (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.

4. (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.

5. (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:

   1. (a)

      notify the responsible Commonwealth Minister of the delegate’s intention to exercise that power or perform that function; and

   2. (b)

      do so at least the specified number of days before exercising that power or performing that function.

Other matters

1. (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.

2. (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:

9Executive Director

1. (1)

   The responsible Commonwealth Minister may, by writing, declare that a specified employee of the Administration is the Executive Director of Norfolk Island.

2. (2)

   A declaration under subsection (1) is not a legislative instrument.

10Employees

1. (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. (2)

   The terms and conditions of employment (including remuneration) of an employee are such as are determined by the Administrator.

3. (3)

   This section does not, by implication, prevent an enactment from conferring a power to engage employees on behalf of the Administration.

4. (4)

   This section does not, by implication, limit the powers conferred on the Administrator by section 5.

10APersons assisting the Administration

The Administration may be assisted:

1. (a)

   by employees of Agencies (within the meaning of the Public Service Act 1999); or

2. (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

Division 1—Introduction

11Simplified outline

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

12Norfolk 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).

13Functions of the Advisory Council

The Advisory Council has the following functions:

1. (a)

   to advise the Administrator on matters affecting the peace, order and good government of the Territory;

2. (b)

   to do anything incidental to or conducive to the performance of the above function.

Division 3—Membership of the Advisory Council

14Membership of the Advisory Council

The Advisory Council consists of the following members:

1. (a)

   a Chair;

2. (b)

   4 other members.

14AAppointment of members of the Advisory Council

1. (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. (2)

   A member of the Advisory Council holds office on a part‑time basis.

14BPeriod 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.

14CActing members of the Advisory Council

Acting Chair of the Advisory Council

1. (1)

   The responsible Commonwealth Minister may appoint a person to act as the Chair of the Advisory Council:

   1. (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

   2. (b)

      during any period, or during all periods, when the Chair of the Advisory Council:

      1. (i)

         is absent from duty or from Australia; or

      2. (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)

1. (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):

   1. (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

   2. (b)

      during any period, or during all periods, when a member of the Advisory Council (other than the Chair of the Advisory Council):

      1. (i)

         is absent from duty or from Australia; or

      2. (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

14DRemuneration

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.

14EDisclosure 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.

14FResignation

1. (1)

   A member of the Advisory Council may resign his or her appointment by giving the responsible Commonwealth Minister a written resignation.

2. (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.

14GTermination of appointment

The responsible Commonwealth Minister may terminate the appointment of a member of the Advisory Council.

14HOther 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.

Division 5—Other matters

14JProcedures

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:

1. (a)

   the convening of meetings of the Advisory Council;

2. (b)

   the number of members of the Advisory Council who are to constitute a quorum;

3. (c)

   the selection of a member of the Advisory Council to preside at meetings of the Advisory Council in the absence of the Chair;

4. (d)

   the manner in which questions arising at a meeting of the Advisory Council are to be decided;

5. (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.

14KMinutes

The Advisory Council must keep minutes of its meetings.

14LAssistance to the Advisory Council

1. (1)

   The Administrator may assist the Advisory Council in the performance of its functions.

2. (2)

   The assistance may include the following:

   1. (a)

      the provision of information;

   2. (b)

      the provision of advice;

   3. (c)

      the making available of resources and facilities (including secretariat services and clerical assistance).

14MObtaining advice

This Part does not, by implication, require the Administrator or any other person to obtain advice from the Advisory Council before:

1. (a)

   performing a function; or

2. (b)

   exercising a power; or

3. (c)

   taking any other action.

23

Before section 16

Insert:

15Laws in force in the Territory

After the interim transition time, the laws in force in the Territory from time to time are:

1. (a)

   Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and

2. (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

3. (c)

   section 19A Ordinances as in force from time to time; and

4. (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:

16Continuance 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:

16AContinuance of certain laws in force immediately before the interim transition time

1. (1)

   Subject to this Act, all Legislative Assembly laws that were in force immediately before the interim transition time continue in force.

2. (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. (3)

   A reference in this section to a Legislative Assembly law includes a reference to a law made under a Legislative Assembly law.

4. (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. (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:

1. (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.

2. (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

19AGovernor‑General may make Ordinances

1. (1)

   Subject to this Act, the Governor‑General may make Ordinances for the peace, order and good government of the Territory.

2. (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:

29Inconsistency 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:

30Inconsistency of section 19A Ordinances with the regulations

1. (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. (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. (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:

48APreparation 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:

1. (4)

   The Administrator must give a copy of each annual budget to the responsible Commonwealth Minister.

43

Section 48B (heading)

Repeal the heading, substitute:

48BPreparation 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:

1. (c)

   a reference in that section to the Attorney‑General were a reference to the Administrator; and

2. (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:

1. (g)

   a reference in that section to the Prime Minister were a reference to the Administrator; and

2. (h)

   a reference in that section to the Finance Minister were a reference to the Administrator; and

3. (i)

   a reference in that section to a responsible Minister were a reference to the Administrator.

55

Section 48H (heading)

Repeal the heading, substitute:

48HPreparation 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:

1. (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:

48KAdministrator may obtain information from the responsible manager or managers of a Territory authority

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:

51Administrator 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:

51AAdministrator 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:

61Appointment of officers

1. (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. (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:

1. (2)

   A person appointed or employed under:

   1. (a)

      a law of the Territory mentioned in subsection 61(1); or

   2. (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:

62Disposal of land

1. (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:

   1. (a)

      land in the Territory acquired by or vested in the Commonwealth may be disposed of or otherwise dealt with; or

   2. (b)

      instruments, receipts and other documents in relation to any such land may be executed; or

   3. (c)

      rights, duties and liabilities in relation to any such land are or may be acquired, conferred or imposed.

2. (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:

1. (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 2Amendments 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

1. 86

   Subsection 3(1) (definition of Norfolk Island Justice Minister)

Repeal the definition.

1. 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:

3BNorfolk Island

This Act extends to Norfolk Island.

Age Discrimination Act 2004

1. 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”.

Crimes Act 1914

1. 94

   Subsection 4AA(2) (paragraph (a) of the definition of Territory Ordinance)

Omit “other than the Territory of Norfolk Island”.

Criminal Code Act 1995

1. 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”.

Defence Act 1903

1. 96

   Subsection 51(1) (definition of self‑governing Territory)

Repeal the definition, substitute:

self‑governing Territory means:

1. (a)

   the Australian Capital Territory; or

2. (b)

   the Northern Territory.

Disability Discrimination Act 1992

1. 97

   Subsection 4(1) (paragraph (g) of the definition of administrative office)

Repeal the paragraph.

Do Not Call Register Act 2006

1. 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.

1. 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:

1. (3)

   The Minister may enter into an arrangement with the Administrator of Norfolk Island for persons appointed or employed under:

   1. (a)

      a law of Norfolk Island mentioned in subsection 61(1) of the Norfolk Island Act 1979; or

   2. (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:

1. (2)

   The Minister may enter into an arrangement with the Administrator of Norfolk Island for persons appointed or employed under:

   1. (a)

      a law of Norfolk Island mentioned in subsection 61(1) of the Norfolk Island Act 1979; or

   2. (b)

      section 10 of the Norfolk Island Act 1979;

to be inspectors, and that arrangement has effect accordingly.

1. 104

   Section 528 (paragraph (b) of the definition of self‑governing Territory)

Omit “Territory; or”, substitute “Territory.”

1. 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.

1. 108

   Subsection 4(1) (paragraph (c) of the definition of Norfolk Island authority)

Repeal the paragraph, substitute:

1. (c)

   a body established or appointed by the Administrator of Norfolk Island otherwise than by or under a Norfolk Island enactment; or

1. 109

   Subsection 4(1) (paragraph (e) of the definition of Norfolk Island authority)

Repeal the paragraph, substitute:

1. (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.

1. 110

   Subsection 4(1) (definition of Norfolk Island Minister)

Repeal the definition.

1. 111

   Subsection 4(1) (subparagraph (a)(v) of the definition of prescribed authority)

Repeal the subparagraph.

1. 112

   Subsection 4(1) (paragraph (c) of the definition of principal officer)

Omit “Public Sector Management Act 2000”, substitute “Public Service Act 2014”.

1. 113

   Subsection 4(1) (paragraph (e) of the definition of responsible Minister)

Repeal the paragraph, substitute:

1. (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:

1. (iii)

   the office of Administrator of Norfolk Island; or

115

Paragraph 4(3B)(a)

Repeal the paragraph, substitute:

1. (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”.

1. 127

   Subsection 47A(1) (paragraph (b) of the definition of electoral roll)

Omit “(a); or”, substitute “(a).”.

1. 128

   Subsection 47A(1) (paragraphs (c) and (d) of the definition of electoral roll)

Repeal the paragraphs.

Historic Shipwrecks Act 1976

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.

1. 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”.

1. 136

   Section 4 (paragraph (c) of the definition of State Minister)

Omit “and”.

1. 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

1. 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:

1. (a)

   any Minister acting for the time being for or on behalf of that Minister; and

2. (b)

   any person to whom the Minister has delegated any of the Minister’s functions under this Act.

Judiciary Act 1903

142

Paragraph 55N(2)(c)

Omit “or a member of the Government of Norfolk Island”.

Lands Acquisition Act 1989

143

Subsection 5(3)

Repeal the subsection, substitute:

1. (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:

3AANorfolk Island

This Act extends to Norfolk Island.

National Health Act 1953

1. 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

1. 146

   Subsection 3(1) (paragraph (c) of the definition of State or Territory Health Minister)

Omit “or”.

1. 147

   Subsection 3(1) (paragraph (d) of the definition of State or Territory Health Minister)

Repeal the paragraph.

1. 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”.

Privacy Act 1988

150

Subsection 6(1) (definition of Cabinet)

Repeal the definition.

1. 151

   Subsection 6(1) (paragraph (d) of the definition of Norfolk Island agency)

Repeal the paragraph, substitute:

1. (d)

   a body established or appointed by the Administrator of Norfolk Island otherwise than by or under a Norfolk Island enactment; or

1. 152

   Subsection 6(1) (paragraph (f) of the definition of Norfolk Island agency)

Repeal the paragraph, substitute:

1. (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

1. 153

   Subsection 6(1) (definition of Norfolk Island Justice Minister)

Repeal the definition.

1. 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”.

1. 167

   Subsection 50(1) (paragraph (f) of the definition of alternative complaint body)

Repeal the paragraph.

1. 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.

Proceeds of Crime Act 2002

1. 176

   Section 338 (paragraph (b) of the definition of self‑governing Territory)

Omit “Territory; or”, substitute “Territory.”

1. 177

   Section 338 (paragraph (c) of the definition of self‑governing Territory)

Repeal the paragraph.

Public Interest Disclosure Act 2013

1. 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:

1. (jaa)

   an office of member of the Norfolk Island Advisory Council;

Sex Discrimination Act 1984

1. 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 2Transitional provisionsDivision 1Introduction

184

Definitions

In this Part:

Administration has the same meaning as in the Norfolk Island Act 1979.

asset means:

1. (a)

   any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and

2. (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:

1. (a)

   under a law of the Commonwealth, a State or a Territory; or

2. (b)

   under a trust instrument; or

3. (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 2Transitional rules

185

Transitional rules

1. (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. (2)

   To avoid doubt, the transitional rules may not do the following:

   1. (a)

      create an offence or civil penalty;

   2. (b)

      provide powers of:

      1. (i)

         arrest or detention; or

      2. (ii)

         entry, search or seizure;

   3. (c)

      impose a tax;

   4. (d)

      set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

   5. (e)

      amend this Act.

Division 3Transfer of assets and liabilities

1. 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:

1. (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

1. (b)

   the Administration becomes the successor in law in relation to the asset.

1. 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:

1. (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

2. (b)

   the Administration becomes the successor in law in relation to the liability.

1. 188

   Vesting of assets of Ministers, members of the Legislative Assembly and members of the Executive Council

(1) This item applies to:

1. (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

2. (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

3. (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:

1. (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

2. (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.

1. 189

   Vesting of liabilities of Ministers, members of the Legislative Assembly and members of the Executive Council

(1) This item applies to:

1. (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

2. (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

3. (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:

1. (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

2. (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.

1. 190

   Transfers of land to the Administration may be registered

(1) This item applies if:

1. (a)

   any land vests in the Administration under item 186 or 188; and

2. (b)

   there is lodged with a land registration official a certificate that:

   1. (i)

      is signed by the responsible Commonwealth Minister; and

   2. (ii)

      identifies the land, whether by reference to a map or otherwise; and

   3. (iii)

      states that the land has become vested in the Administration under this Schedule.

(2) The land registration official may:

1. (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

2. (b)

   deal with, and give effect to, the certificate.

(3) A certificate under paragraph (1)(b) is not a legislative instrument.

1. 191

   Certificates relating to vesting of assets (other than land) in the Administration

(1) This item applies if:

1. (a)

   any asset other than land vests in the Administration under item 186 or 188; and

2. (b)

   there is lodged with an assets official a certificate that:

   1. (i)

      is signed by the responsible Commonwealth Minister; and

   2. (ii)

      identifies the asset; and

   3. (iii)

      states that the asset has become vested in the Administration under this Schedule.

(2) The assets official may:

1. (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

2. (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 4Transfer of other matters

1. 192

   Transitional—transfer of records to the Administration

(1) This item applies to any records or documents that were in possession of:

1. (a)

   a person in his or her capacity as a Minister; or

2. (b)

   the Legislative Assembly; or

3. (c)

   a person in his or her capacity as a member of the Legislative Assembly; or

4. (d)

   the Executive Council; or

5. (e)

   a person in his or her capacity as a member of the Executive Council; or

6. (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.

Division 5Employees

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:

1. (a)

   the person was not an employee of the Administration; and

2. (b)

   the person was not an employee of a body corporate established by or under an enactment; and

3. (c)

   the person was:

   1. (i)

      employed under the Public Service Act 2014 (Norfolk Island); or

   2. (ii)

      employed under an enactment; or

   3. (iii)

      acting in an official capacity for the Administration; or

   4. (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:

1. (a)

   in accordance with those terms and conditions; or

2. (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:

1. (a)

   omit any of those terms and conditions; or

2. (b)

   add to those terms and conditions; or

3. (c)

   substitute new terms or conditions for any of those terms and conditions.

Division 6Financial matters

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:

1. (a)

   the financial year beginning on 1 July 2015; or

2. (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:

1. (a)

   the financial year beginning on 1 July 2015; or

2. (b)

   a later financial year.

Division 7Administrative 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:

1. (a)

   the amendments had not been made; and

2. (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

3. (c)

   paragraph (a) of the definition of Cabinet in subsection 36B(6) were modified by omitting “consists”, and substituting “consisted”.

Division 8Historic 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 9Public 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.

Division 10Other matters

1. 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:

1. (a)

   the vesting of an asset or liability under this Part; or

2. (b)

   the operation of this Part in any other respect; or

3. (c)

   the operation of the transitional rules.

(3) The responsible Commonwealth Minister may certify in writing:

1. (a)

   that a specified matter is an exempt matter; or

2. (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:

1. (a)

   any of the amendments or repeals made by this Schedule; or

2. (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:

1. (a)

   is taken to be such a certificate; and

2. (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 3Amendments contingent on the commencement of the Acts and Instruments (Framework Reform) Act 2015

Legislation Act 2003

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.

Schedule 2Final arrangements etc.Part 1AmendmentsDivision 1Amendment of the Norfolk Island Act 1979

Norfolk Island Act 1979

1. 1

   Subsection 4(1) (definition of Acting Administrator)

Repeal the definition.

2

Subsection 4(1) (definition of Administration)

Repeal the definition.

3

Subsection 4(1) (definition of Administrator)

Repeal the definition.

1. 4

   Subsection 4(1) (definition of Advisory Council)

Repeal the definition.

1. 5

   Subsection 4(1) (definition of Chief Executive Officer)

Repeal the definition.

1. 6

   Subsection 4(1) (definition of Commonwealth Finance Minister)

Repeal the definition.

1. 7

   Subsection 4(1) (definition of Commonwealth Finance Minister’s Orders)

Repeal the definition.

1. 8

   Subsection 4(1) (definition of Commonwealth Financial Officer for Norfolk Island)

Repeal the definition.

9

Subsection 4(1)

Insert:

court officer of New South Wales means a person holding, or performing the functions or duties of, any of the following offices:

1. (a)

   any of the following offices in a court of New South Wales:

   1. (i)

      Judge;

   2. (ii)

      Magistrate (however described);

   3. (iii)

      Master;

   4. (iv)

      Registrar (however described);

   5. (v)

      Clerk (however described);

   6. (vi)

      Sheriff (however described);

   7. (vii)

      Bailiff (however described);

2. (b)

   any other office that is:

   1. (i)

      in respect of a court of New South Wales; and

   2. (ii)

      specified in the regulations.

court of New South Wales includes a tribunal established under a law of New South Wales.

1. 10

   Subsection 4(1) (definition of Executive Director)

Repeal the definition.

11

Subsection 4(1) (definition of Federal Court)

Repeal the definition.

12

Subsection 4(1)

Insert:

final transition time means the commencement of Part 1 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015.

1. 13

   Subsection 4(1) (definition of financial management and accountability provisions)

Repeal the definition.

1. 14

   Subsection 4(1) (definition of member of the Advisory Council)

Repeal the definition.

1. 15

   Subsection 4(1) (definition of money of a Territory authority)

Repeal the definition.

1. 16

   Subsection 4(1) (definition of Norfolk Island Public Service Values)

Repeal the definition.

17

Subsection 4(1)

Insert:

Norfolk Island Regional Council means a body that is:

1. (a)

   established by or under a law in force in the Territory; and

2. (b)

   declared by a section 19A Ordinance to be the Norfolk Island Regional Council for the purposes of this definition.

1. 18

   Subsection 4(1) (definition of performance audit)

Repeal the definition.

1. 19

   Subsection 4(1) (definition of property of a Territory authority)

Repeal the definition.

1. 20

   Subsection 4(1) (definition of Public Account of Norfolk Island)

Repeal the definition.

1. 21

   Subsection 4(1) (definition of public money of the Territory)

Repeal the definition.

1. 22

   Subsection 4(1) (definition of public property of the Territory)

Repeal the definition.

1. 23

   Subsection 4(1) (definition of responsible manager)

Repeal the definition.

1. 24

   Subsection 4(1) (definition of Territory authority)

Repeal the definition.

25

Parts II and III

Repeal the Parts.

26

Section 15

Repeal the section, substitute:

15Laws in force in the Territory

After the final transition time, the laws in force in the Territory from time to time are:

1. (a)

   Acts to the extent that they are in force from time to time in, or in relation to, the Territory; and

2. (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

3. (c)

   section 19A Ordinances as in force from time to time; and

4. (d)

   laws continued in force by section 16 or 16A (including such a law as amended in accordance with section 17); and

5. (e)

   New South Wales laws as in force in the Territory in accordance with section 18A.

27

At the end of Division 1 of Part IV

Add:

18AApplication of New South Wales laws

1. (1)

   Subject to this section and section 18B, the provisions of the law of New South Wales (whether made before or after the final transition time), as in force in New South Wales from time to time, are in force in the Territory.

2. (2)

   To the extent that a law is in force in the Territory under subsection (1), it may be incorporated, amended or repealed by a section 19A Ordinance or a law made under a section 19A Ordinance.

3. (3)

   A section 19A Ordinance may suspend the operation in the Territory of a law in force in the Territory under subsection (1) for such period as is specified in the Ordinance.

4. (4)

   To the extent that a law is in force in the Territory under subsection (1), it has no effect to the extent that it is inconsistent with:

   1. (a)

      the Constitution; or

   2. (b)

      an Act; or

   3. (c)

      an enactment.

5. (5)

   For the purposes of subsection (4), a law is taken to be consistent with:

   1. (a)

      an Act; or

   2. (b)

      an enactment;

to the extent that the law is capable of operating concurrently with it.

1. (6)

   In this section:

provision of the law of New South Wales:

1. (a)

   includes a principle or rule of common law or equity that is part of the law of New South Wales; and

2. (b)

   does not include an Act or a provision of an Act.

18BPowers and functions under the applied New South Wales laws

Vesting of powers in the Minister

1. (1)

   If a power is vested in:

   1. (a)

      a Minister of New South Wales; or

   2. (b)

      the Governor of New South Wales; or

   3. (c)

      the Governor‑in‑Council of New South Wales;

by a New South Wales law in force in the Territory under section 18A, the power is, in relation to the Territory, vested in the responsible Commonwealth Minister instead of the person or authority mentioned in paragraph (a), (b) or (c) of this subsection.

1. (2)

   If:

   1. (a)

      a power is vested in a person (other than a court officer of New South Wales) or an authority (other than a court of New South Wales) by a New South Wales law in force in the Territory under section 18A; and

   2. (b)

      subsection (1) does not apply to the power;

the power is, in relation to the Territory, vested in the responsible Commonwealth Minister instead of the person or authority mentioned in paragraph (a) of this subsection.

Delegation etc.

1. (3)

   If a power is vested in the responsible Commonwealth Minister under subsection (1) or (2), the Minister may, in writing:

   1. (a)

      direct that the power is also vested in a specified person or authority; or

   2. (b)

      delegate the power to a specified person.

2. (4)

   A person or authority in whom a power is vested under paragraph (3)(a) may, if the person is so empowered by the responsible Commonwealth Minister in the direction, delegate the power, in writing, to a specified person.

3. (5)

   If:

   1. (a)

      a power is vested in the responsible Commonwealth Minister under subsection (2); and

   2. (b)

      a person, or an authority, who is:

      1. (i)

         an officer or employee of New South Wales; or

      2. (ii)

         an authority of New South Wales; or

      3. (iii)

         an officer or employee of an authority of New South Wales;

   is subject to an arrangement under section 18C; and

   1. (c)

      the power corresponds to a power that the person or authority is authorised, under a law in force in New South Wales, to exercise in, or in a part of, New South Wales:

      1. (i)

         whether in the person’s own right or the authority’s own right; or

      2. (ii)

         whether in the capacity of a delegate; or

      3. (iii)

         whether in any other way;

the responsible Commonwealth Minister is taken to have directed under paragraph (3)(a) that the first‑mentioned power is also vested in the person or authority, as the case may be.

1. (6)

   The Minister may direct that subsection (5) does not apply to a specified power.

2. (7)

   A direction under subsection (6) may be unconditional or subject to such conditions (if any) as are specified in the direction.

Other matters

1. (8)

   An instrument under this section may identify a power by reference to a class of powers.

2. (9)

   The validity of the exercise of a power under a law by a person or authority under this section is unaffected by the failure of the person or authority to hold a qualification required of a person exercising that power under the law as in force in New South Wales.

3. (10)

   This section does not affect the operation of section 18A in relation to the application in or in relation to the Territory of a law (a subordinate law) made under a New South Wales law (whether the subordinate law is made before or after the final transition time).

4. (11)

   An instrument under this section is not a legislative instrument.

5. (12)

   In this section:

authority means:

1. (a)

   a body corporate, or an unincorporated body, established for a public purpose; or

1. (b)

   an authority (within the ordinary meaning of that expression).

authority of New South Wales means an authority established by or under a New South Wales law.

power includes function or duty, and, in that context, exercise means perform.

18CArrangements with the Government of New South Wales

1. (1)

   The Commonwealth may enter into arrangements with New South Wales for the effective application and administration of the laws in force in the Territory.

2. (2)

   Without limiting the generality of subsection (1), such an arrangement may provide for the exercise of powers or the performance of functions or duties by:

   1. (a)

      an officer or employee of New South Wales; or

   2. (b)

      an authority of New South Wales (within the meaning of section 18B); or

   3. (c)

      an officer or employee of an authority of New South Wales (within the meaning of section 18B);

in or in relation to the Territory.

28

Part VI

Repeal the Part.

29

Section 61A

Repeal the section.

Division 2Amendments of other legislation

Aboriginal and Torres Strait Islander Act 2005

30

Subsection 5(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

31

Subsection 5(2)

Omit “, of the Northern Territory or of Norfolk Island”, substitute “or of the Northern Territory”.

A.C.T. Self‑Government (Consequential Provisions) Regulations

1. 32

   Schedule 1 (modifications relating to the Extradition Act 1988)

Repeal the modifications.

Administrative Appeals Tribunal Act 1975

33

Subsection 67A(2)

Omit all the words after “given”, substitute “to the Secretary of the Department administered by the Minister administering the Norfolk Island Act 1979”.

Admiralty Act 1988

34

Subsection 8(4) (definition of government)

Omit “, the Northern Territory or the Administration of Norfolk Island”, substitute “or the Northern Territory”.

Aged Care (Accommodation Payment Security) Act 2006

35

Subsection 4(2)

After “except”, insert “Norfolk Island,”.

36

Section 6

Insert:

Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

Aged Care Act 1997

37

Subsection 4‑1(2)

After “except”, insert “Norfolk Island,”.

38

At the end of section 4‑1

Add:

1. (4)

   Despite subsection (1), Parts 2.2, 2.5 and 3.1 apply in relation to Norfolk Island as if Norfolk Island were part of New South Wales and were not a Territory.

   Note: This has the effect that references in Parts 2.2, 2.5 and 3.1 to a Territory do not apply to Norfolk Island, and that references in those Parts to a State will be relevant to New South Wales as if it included Norfolk Island.

39

After subsection 12‑6(1A)

Insert:

1. (1B)

   If the Secretary determines the *regions within New South Wales, he or she must determine that one of those regions consists of Norfolk Island.

40

Clause 1 of Schedule 1

Insert:

Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

Aged Care (Transitional Provisions) Act 1997

41

Subsection 4‑1(2)

After “except”, insert “Norfolk Island,”.

42

At the end of section 4‑1

Add:

1. (4)

   Despite subsection (1), Part 3.1 applies in relation to Norfolk Island as if Norfolk Island were part of New South Wales and were not a Territory.

   Note: This has the effect that references in Part 3.1 to a Territory do not apply to Norfolk Island, and that references in that Part to a State will be relevant to New South Wales as if it included Norfolk Island.

43

Clause 1 of Schedule 1

Insert:

Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

Age Discrimination Act 2004

44

Subsection 13(1)

Omit “, of each of the States and of Norfolk Island”, substitute “and of each of the States”.

45

Subsection 13(2)

Omit “, of a State or of Norfolk Island”, substitute “or of a State”.

Agricultural and Veterinary Chemicals Act 1994

46

Section 14

Omit “, of the Australian Capital Territory and of Norfolk Island”, substitute “and of the Australian Capital Territory”.

47

Section 16

Omit “, of the Australian Capital Territory or of Norfolk Island”, substitute “or of the Australian Capital Territory”.

Airports Act 1996

48

Subsection 8(1)

Omit “, of each of the States and of Norfolk Island”, substitute “and of each of the States”.

Airports (Transitional) Act 1996

49

Subsection 7(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Air Services Act 1995

50

Section 4

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

A New Tax System (Family Assistance) Act 1999

51

At the end of Part 1

Add:

2ANorfolk Island

This Act extends to Norfolk Island.

52

Subsection 3(1)

Insert:

Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

A New Tax System (Family Assistance) (Administration) Act 1999

53

At the end of Part 1

Add:

2ANorfolk Island

This Act extends to Norfolk Island.

54

Subsection 80(5)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

55

Subsection 89(9)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006

56

Subsections 245(7) and (8)

Repeal the subsections.

Archives Act 1983

1. 57

   Subsection 3(1) (subparagraph (a)(i) of the definition of authority of the Commonwealth)

Omit “or Norfolk Island”.

1. 58

   Subsection 3(1) (paragraph (h) of the definition of Commonwealth institution)

Omit “other than Norfolk Island”.

59

Paragraph 3(2)(g)

Omit “, the Northern Territory or Norfolk Island” (wherever occurring), substitute “or the Northern Territory”.

60

Paragraphs 23(a) and (b)

Omit “, Norfolk Island”.

Auditor‑General Act 1997

61

After section 3

Insert:

3ANorfolk Island

This Act extends to Norfolk Island.

62

Section 5

Insert:

Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

Australian Aged Care Quality Agency Act 2013

63

Section 3

Insert:

Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

64

Subsection 6(2)

After “except”, insert “Norfolk Island,”.

Australian Crime Commission Act 2002

65

Section 5

Omit “, of the Australian Capital Territory, and of Norfolk Island”, substitute “and of the Australian Capital Territory”

Australian Federal Police Act 1979

66

Subsection 8(1C)

Repeal the subsection, substitute:

1. (1C)

   The Minister may enter into an arrangement with:

   1. (a)

      the Minister administering the Department that deals with the administration of an external Territory; or

   2. (b)

      the Administrator (if any) of an external Territory;

for the provision of police services and regulatory services for that Territory.

67

Subsection 42J(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Australian Hearing Services Act 1991

68

Subsection 4(1)

Insert:

Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

69

After section 6

Insert:

6AANorfolk Island

This Act extends to Norfolk Island.

Australian Human Rights Commission Act 1986

70

Subsection 6(1)

Omit “and of Norfolk Island”.

71

Subsection 6(2)

Omit “, of a State or of Norfolk Island”, substitute “or of a State”.

Australian Organ and Tissue Donation and Transplantation Authority Act 2008

72

Section 4

Insert:

Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

73

Section 7

Omit “other than Norfolk Island”.

Australian Postal Corporation Act 1989

74

Section 10

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Banking Act 1959

75

Subsections 38A(2) and (4)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Bank Integration Act 1991

76

Section 4

Omit “, of the Australian Capital Territory and of Norfolk Island”, substitute “and of the Australian Capital Territory”.

Broadcasting Services Act 1992

77

Clause 96 of Schedule 5

Omit “, the Australian Capital Territory or Norfolk Island”, substitute “or the Australian Capital Territory”.

78

Clause 123 of Schedule 7

Omit “, the Australian Capital Territory or Norfolk Island”, substitute “or the Australian Capital Territory”.

Carbon Credits (Carbon Farming Initiative) Act 2011

79

Subsections 296(7) and (8)

Repeal the subsections.

Charter of the United Nations Act 1945

80

Subsection 4(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Child Support (Assessment) Act 1989

81

Section 10

Omit “the external Territories”, substitute “an external Territory other than Norfolk Island”.

82

Subsection 16(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

83

At the end of Part 1

Add:

16ANorfolk Island

This Act extends to Norfolk Island.

Child Support (Registration and Collection) Act 1988

1. 84

   Subsection 4(1) (paragraph (a) of the definition of resident of Australia)

Omit “the external Territories”, substitute “an external Territory other than Norfolk Island”.

85

Subsection 8(1)

Omit “, the Northern Territory and Norfolk Island”, substitute “and the Northern Territory”.

86

Subsection 8(2)

Omit “, the Northern Territory or Norfolk Island”, substitute “or the Northern Territory”.

87

Section 20 (heading)

Repeal the heading, substitute:

20Arrangements with States and Northern Territory for transfer of liabilities

88

Section 20

Omit “or Norfolk Island”.

89

Section 21 (heading)

Repeal the heading, substitute:

21Arrangements in relation to Territories (other than the Northern Territory) for transfer of liabilities

90

Section 21

Omit “or Norfolk Island”.

91

Subsection 50(3)

Omit “or Norfolk Island”.

Civil Aviation Act 1988

92

Subsection 5(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Civil Aviation (Carriers’ Liability) Act 1959

93

Subsection 7(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Commonwealth Grants Commission Act 1973

94

Subsection 5(3)

Repeal the subsection.

95

Section 16C

Repeal the section.

96

Section 16D (heading)

Repeal the heading, substitute:

16DInquiries relating to external Territories

97

Section 16D

Omit “(other than the Territory of Norfolk Island)”.

98

Subsections 25(1) and (2)

Omit “16C,”.

Copyright Act 1968

99

Subsection 10(1) (definition of the Crown)

Omit “, the Crown in right of the Northern Territory and the Crown in right of Norfolk Island”, substitute “and the Crown in right of the Northern Territory”.

100

Subsection 10(1) (definition of the Crown)

Omit “or Norfolk Island”.

101

Paragraph 10(3)(e)

Omit “and the Crown in right of Norfolk Island”.

Corporations (Aboriginal and Torres Strait Islander) Act 2006

102

Subsection 1‑10(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Crimes Act 1914

103

Section 3B (heading)

Repeal the heading, substitute:

3BArrangements with States, Australian Capital Territory and Northern Territory

104

Subsection 3B(1)

Omit “, the Administrator of the Northern Territory or the Administrator of Norfolk Island”, substitute “or the Administrator of the Northern Territory”.

105

Subparagraph 3B(2)(b)(i)

Omit “, the Northern Territory or Norfolk Island”, substitute “or the Northern Territory”.

106

Subparagraph 3B(2)(b)(iii)

Omit “Territory; and”, substitute “Territory.”.

107

Subparagraph 3B(2)(b)(iv)

Repeal the subparagraph.

108

Subsection 3CA(4)

Omit “, the Administrator of the Northern Territory or the Administrator of Norfolk Island”, substitute “or the Administrator of the Northern Territory”.

109

Paragraph 4AAB(1)(c)

Omit “and”.

110

Paragraph 4AAB(1)(d)

Repeal the paragraph.

1. 111

   Subsection 16(1) (paragraph (a) of the definition of parole officer)

Omit “, the Northern Territory or Norfolk Island”, substitute “or the Northern Territory”.

1. 112

   Subsection 16(1) (paragraphs (a) and (b) of the definition of prescribed authority)

Omit “, the Northern Territory or Norfolk Island”, substitute “or the Northern Territory”.

113

Subsection 21F(1)

Omit “, the Administrator of the Northern Territory or the Administrator of Norfolk Island”, substitute “or the Administrator of the Northern Territory”.

114

Section 85ZQ

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Crimes (Aviation) Act 1991

1. 115

   Section 3 (paragraphs (a) and (b) of the definition of magistrate)

Omit “, the Northern Territory or Norfolk Island”, substitute “or the Northern Territory”.

116

Paragraph 51(1)(b)

Omit “or of Norfolk Island” (first occurring).

117

Paragraph 51(1)(b)

Omit “or of Norfolk Island, as the case may be”.

Crimes (Superannuation Benefits) Act 1989

118

Subsection 13(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Criminal Code Act 1995

1. 119

   Dictionary in the Criminal Code (paragraph (h) of the definition of Commonwealth public official)

Repeal the paragraph.

Customs Act 1901

120

Subsection 214BA(4)

Omit “, the Administrator of the Northern Territory or the Administrator of Norfolk Island”, substitute “or the Administrator of the Northern Territory”.

Data‑matching Program (Assistance and Tax) Act 1990

121

At the end of Part 1

Add:

3BNorfolk Island

This Act extends to Norfolk Island.

Dental Benefits Act 2008

122

Section 4

Insert:

Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

123

At the end of Part 1

Add:

7AExtension to external Territories

This Act extends to every external Territory.

124

Subparagraphs 18(2)(e)(iii) and (v)

Omit “an internal”, substitute “a”.

125

Subparagraphs 21(2)(e)(iii) and (v)

Omit “an internal”, substitute “a”.

Designs Act 2003

126

Subsection 3(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Disability Discrimination Act 1992

127

Subsection 14(1)

Omit “, of each of the States and of Norfolk Island”, substitute “and of each of the States”.

128

Subsection 14(2)

Omit “, of a State or of Norfolk Island”, substitute “or of a State”.

Disability Services Act 1986

129

Subsections 23(10) and 27(5)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Enhancing Online Safety for Children Act 2015

130

Section 102

Omit “, the Australian Capital Territory or Norfolk Island”, substitute “or the Australian Capital Territory”.

Environment Protection and Biodiversity Conservation Act 1999

131

Subsections 393(3) and 398(2)

Repeal the subsections.

132

Subsection 446(8)

Omit “, the Administrator of the Northern Territory or the Administrator of Norfolk Island”, substitute “or the Administrator of the Northern Territory”.

133

Paragraph 525(1)(a)

Omit “(including land owned in Norfolk Island)”.

134

Paragraph 525(1)(b)

Omit “(including an area held under lease in Norfolk Island)”.

135

Subparagraph 525(c)(i)

Omit “(except Norfolk Island)”.

1. 136

   Section 528 (subparagraph (c)(iii) of the definition of agency)

Omit “or Norfolk Island”.

1. 137

   Section 528 (subparagraph (g)(iii) of the definition of agency)

Omit “or Norfolk Island”.

Environment Protection (Sea Dumping) Act 1981

1. 138

   Subsection 4(1) (at the end of subparagraphs (a)(i) and (ii) of the definition of Australian aircraft)

Add “or”.

1. 139

   Subsection 4(1) (subparagraph (a)(iv) of the definition of Australian aircraft)

Repeal the subparagraph.

1. 140

   Subsection 4(1) (at the end of subparagraphs (a)(i) and (ii) of the definition of Australian vessel)

Add “or”.

1. 141

   Subsection 4(1) (subparagraph (a)(iv) of the definition of Australian vessel)

Repeal the subparagraph.

Extradition Act 1988

142

Section 5 (definition of magistrate)

Repeal the definition, substitute:

magistrate means:

1. (a)

   a magistrate of a Territory other than the Australian Capital Territory or the Northern Territory; or

2. (b)

   a magistrate of a State, the Australian Capital Territory or the Northern Territory, being a magistrate in respect of whom an arrangement is in force under section 46.

143

Subsection 24(3)

Omit “, the Northern Territory or Norfolk Island” (wherever occurring), substitute “ or the Northern Territory”.

144

Subparagraph 24(3)(b)(ii)

Omit “or”.

145

Subparagraph 24(3)(b)(iii)

Repeal the subparagraph.

146

Subsection 24(5)

Omit “or Norfolk Island”.

147

Subsection 36(4)

Omit “, the Northern Territory or Norfolk Island” (wherever occurring), substitute “or the Northern Territory”.

148

Subparagraph 36(4)(b)(ii)

Omit “or”.

149

Subparagraph 36(4)(b)(iii)

Repeal the subparagraph.

150

Subsection 36(6)

Omit “or Norfolk Island”.

151

Paragraph 46(1)(b)

Repeal the paragraph, substitute:

1. (b)

   arrange with:

   1. (i)

      the Chief Minister of the Australian Capital Territory; or

   2. (ii)

      the Administrator of the Northern Territory;

for the performance, by all or any of the persons who, from time to time hold office as magistrates of that Territory, of the functions of a magistrate under this Act.

Family Law Act 1975

152

Subsection 112AN(1)

After “Territory” (first occurring), insert “(other than Norfolk Island)”.

1. 153

   Subsection 112AN(2) (paragraph (c) of the definition of relevant authority)

Omit “Territory; and”, substitute “Territory.”.

1. 154

   Subsection 112AN(2) (paragraph (d) of the definition of relevant authority)

Repeal the paragraph.

155

Subsection 116C(4)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Farm Household Support Act 2014

156

Subsection 5(1)

Insert:

Australia, when used in a geographical sense, includes Norfolk Island, the Territory of Cocos (Keeling) Islands and the Territory of Christmas Island.

157

At the end of Part 1

Add:

6ANorfolk Island

This Act extends to Norfolk Island.

Financial Sector (Shareholdings) Act 1998

158

Subsection 5(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Financial Transaction Reports Act 1988

159

Subsection 5(1)

Omit “, of the Australian Capital Territory and of Norfolk Island”, substitute “and of the Australian Capital Territory”.

160

Subsection 5(2)

Omit “, of the Australian Capital Territory or of Norfolk Island”, substitute “or of the Australian Capital Territory”.

Fisheries Management Act 1991

161

Subsection 6(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Foreign Corporations (Application Of Laws) Act 1989

162

Section 6

Omit “, the Northern Territory and Norfolk Island”, substitute “and the Northern Territory”.

Freedom of Information Act 1982

163

Subsection 3(1)

Omit “or the Government of Norfolk Island”.

1. 164

   Subsection 4(1) (paragraph (a) of the definition of Commonwealth contract)

Omit “, Norfolk Island”.

1. 165

   Subsection 4(1) (subparagraph (b)(iii) of the definition of Commonwealth contract)

Omit “, Norfolk Island”.

1. 166

   Subsection 4(1) (paragraph (c) of the definition of Norfolk Island authority)

Repeal the paragraph.

1. 167

   Subsection 4(1) (subparagraph (d)(ii) of the definition of Norfolk Island authority)

Omit “enactment; or”, substitute “enactment.”.

1. 168

   Subsection 4(1) (paragraph (e) of the definition of Norfolk Island authority)

Repeal the paragraph.

169

Subparagraph 4(3)(a)(iii)

Repeal the subparagraph.

170

Subsection 4(3B)

Repeal the subsection, substitute:

1. (3B)

   A person is not taken to be a Norfolk Island authority because he or she holds, or performs the duties of:

   1. (a)

      a prescribed office; or

   2. (b)

      an office the duties of which he or she performs as duties of his or her employment as an officer of a Norfolk Island authority; or

   3. (c)

      an office of member of a Norfolk Island authority; or

   4. (d)

      an office established by a Norfolk Island enactment for the purposes of a Norfolk Island authority.

171

Paragraph 11B(4)(aa)

Repeal the paragraph.

172

Subsection 15(6) (heading)

Repeal the heading, substitute:

Extension of processing period to comply with requirements of section 26A, 27 or 27A

344

Subsection 592(1)

Omit “, the Australian Capital Territory or Norfolk Island”, substitute “or the Australian Capital Territory”.

Telstra Corporation Act 1991

345

Section 7

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Tobacco Advertising Prohibition Act 1992

346

Subsection 5(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

347

Subsection 15(3)

Omit “, the Northern Territory or Norfolk Island”, substitute “or the Northern Territory”.

Tobacco Plain Packaging Act 2011

348

Subsection 9(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Trade Marks Act 1995

349

Subsection 3(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Trusts (Hague Convention) Act 1991

350

Section 5

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Veterans’ Entitlements Act 1986

351

Subsection 5Q(1) (definition of Australia)

After “IIID,”, insert “IIIE, VIB,”.

352

Subparagraphs 38(1)(aa)(iii) and (1)(e)(ii)

Omit “, or would be so qualified if, in spite of subsection 7(4) of that Act, residence of a person in Norfolk Island was taken to be residence of the person in Australia”.

353

Section 59ZM

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

354

Subsection 128(6)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Weapons of Mass Destruction (Prevention of Proliferation) Act 1995

355

Subsection 8(1)

Omit “, of the Northern Territory and of Norfolk Island”, substitute “and of the Northern Territory”.

Part 2Transitional provisionsDivision 1Introduction

356

Definitions

In this Part:

Administration has the same meaning as in the Norfolk Island Act 1979 as in force immediately before the final transition time.

asset means:

1. (a)

   any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and

2. (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:

1. (a)

   under a law of the Commonwealth, a State or a Territory; or

2. (b)

   under a trust instrument; or

3. (c)

   otherwise;

has responsibility for keeping a register in relation to assets of the kind concerned.

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.

liability means any liability, duty or obligation, whether actual, contingent or prospective.

final transition time means the commencement of Part 1 of this Schedule.

Norfolk Island Regional Council has the same meaning as in the Norfolk Island Act 1979 as amended by Part 1 of this Schedule. For this purpose, assume that:

1. (a)

   that definition had commenced immediately before the final transition time; and

2. (b)

   an Ordinance made for the purposes of that definition before the final transition time in accordance with section 4 of the Acts Interpretation Act 1901 had commenced immediately before the final transition time.

responsible Commonwealth Minister has the same meaning as in the Norfolk Island Act 1979.

transitional rules means rules made under item 357.

Division 2Transitional rules

357

Transitional rules

1. (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. (2)

   To avoid doubt, the transitional rules may not do the following:

   1. (a)

      create an offence or civil penalty;

   2. (b)

      provide powers of:

      1. (i)

         arrest or detention; or

      2. (ii)

         entry, search or seizure;

   3. (c)

      impose a tax;

   4. (d)

      set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

   5. (e)

      amend this Act.

Division 3Transfer of assets and liabilities

358

Vesting of assets of the Administration

(1) This item applies to an asset of the Administration immediately before the final transition time.

(2) Subject to subitem (3), the following provisions have effect:

1. (a)

   at the final transition time, the asset ceases to be an asset of the Administration and becomes an asset of the Norfolk Island Regional Council without any conveyance, transfer or assignment;

2. (b)

   the Norfolk Island Regional Council becomes the successor in law in relation to the asset.

(3) The transitional rules may provide that:

1. (a)

   subitem (2) does not apply to one or more specified assets; and

2. (b)

   at the final transition time, the specified assets cease to be assets of the Administration and become assets of the Commonwealth without any conveyance, transfer or assignment; and

3. (c)

   the Commonwealth becomes the successor in law in relation to the specified assets.

359

Vesting of liabilities of the Administration

(1) This item applies to a liability of the Administration immediately before the final transition time.

(2) Subject to subitem (3), the following provisions have effect:

1. (a)

   at the final transition time, the liability ceases to be a liability of the Administration and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;

2. (b)

   the Norfolk Island Regional Council becomes the successor in law in relation to the liability.

(3) The transitional rules may provide that:

1. (a)

   subitem (2) does not apply to one or more specified liabilities; and

2. (b)

   at the final transition time, the specified liabilities cease to be liabilities of the Administration and become liabilities of the Commonwealth without any conveyance, transfer or assignment; and

3. (c)

   the Commonwealth becomes the successor in law in relation to the specified liabilities.

1. 360

   Transfers of land to the Norfolk Island Regional Council may be registered

(1) This item applies if:

1. (a)

   any land vests in the Norfolk Island Regional Council under item 358; and

2. (b)

   there is lodged with a land registration official a certificate that:

   1. (i)

      is signed by the responsible Commonwealth Minister; and

   2. (ii)

      identifies the land, whether by reference to a map or otherwise; and

   3. (iii)

      states that the land has become vested in the Norfolk Island Regional Council under this Schedule.

(2) The land registration official may:

1. (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

2. (b)

   deal with, and give effect to, the certificate.

(3) A certificate under paragraph (1)(b) is not a legislative instrument.

1. 361

   Transfers of land to the Commonwealth may be registered

(1) This item applies if:

1. (a)

   any land vests in the Commonwealth under the transitional rules; and

2. (b)

   there is lodged with a land registration official a certificate that:

   1. (i)

      is signed by the responsible Commonwealth Minister; and

   2. (ii)

      identifies the land, whether by reference to a map or otherwise; and

   3. (iii)

      states that the land has become vested in the Commonwealth under the transitional rules.

(2) The land registration official may:

1. (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

2. (b)

   deal with, and give effect to, the certificate.

(3) A certificate under paragraph (1)(b) is not a legislative instrument.

1. 362

   Certificates relating to vesting of assets (other than land) in the Norfolk Island Regional Council

(1) This item applies if:

1. (a)

   any asset other than land vests in the Norfolk Island Regional Council under item 358; and

2. (b)

   there is lodged with an assets official a certificate that:

   1. (i)

      is signed by the responsible Commonwealth Minister; and

   2. (ii)

      identifies the asset; and

   3. (iii)

      states that the asset has become vested in the Norfolk Island Regional Council under this Schedule.

(2) The assets official may:

1. (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

2. (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.

1. 363

   Certificates relating to vesting of assets (other than land) in the Commonwealth

(1) This item applies if:

1. (a)

   any asset other than land vests in the Commonwealth under the transitional rules; and

2. (b)

   there is lodged with an assets official a certificate that:

   1. (i)

      is signed by the responsible Commonwealth Minister; and

   2. (ii)

      identifies the asset; and

   3. (iii)

      states that the asset has become vested in the Commonwealth under the transitional rules.

(2) The assets official may:

1. (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

2. (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 4Transfer of other matters

1. 364

   Transitional—acts of the Administration to be attributed to the Norfolk Island Regional Council or the Commonwealth

(1) This item applies to a thing done by, or in relation to, the Administration before the final transition time.

(2) The transitional rules may provide that, after the final transition time, a specified thing has effect as if it had been done by, or in relation to, the Norfolk Island Regional Council.

(3) The transitional rules may provide that, after the final transition time, a specified thing has effect as if it had been done by, or in relation to, the Commonwealth.

1. 365

   Substitution of the Norfolk Island Regional Council or the Commonwealth as a party to certain pending proceedings

(1) This item applies if any proceedings to which the Administration was a party were pending in any court or tribunal immediately before the final transition time.

(2) The transitional rules may provide that the Norfolk Island Regional Council is substituted for the Administration, from the final transition time, as a party to specified proceedings.

(3) The transitional rules may provide that the Commonwealth is substituted for the Administration, from the final transition time, as a party to specified proceedings.

1. 366

   Transitional—transfer of records to the Norfolk Island Regional Council or the Commonwealth

(1) This item applies to any records or documents that were in possession of the Administration or the Norfolk Island Advisory Council immediately before the final transition time.

(2) Subject to subitem (3), the records and documents are to be transferred to the Norfolk Island Regional Council after the final transition time.

(3) The transitional rules may provide that:

1. (a)

   subitem (2) does not apply to specified records and documents; and

2. (b)

   the specified records and documents are to be transferred to the Commonwealth after the final transition time.

(4) If:

1. (a)

   as a result of subitem (2) or (3), an APP entity holds personal information about an individual that was collected for a particular purpose; and

2. (b)

   the individual would reasonably expect the agency or organisation that collected the information to use or disclose the information for a particular purpose;

Australian Privacy Principle 6 has effect as if the individual would reasonably expect the APP entity to use or disclose the information for the purpose mentioned in paragraph (b).

(5) In this item:

agency has the same meaning as in the Privacy Act 1988.

APP entity has the same meaning as in the Privacy Act 1988.

organisation has the same meaning as in the Privacy Act 1988.

personal information has the same meaning as in the Privacy Act 1988.

1. 367

   References in certain instruments to the Administration

(1) If:

1. (a)

   an instrument was in force immediately before the final transition time; and

2. (b)

   a reference is made in the instrument to the Administration; and

3. (c)

   the instrument is an instrument covered by one or more of the following subparagraphs:

   1. (i)

      an instrument that was made by the Administration;

   2. (ii)

      an instrument to which the Administration was a party;

   3. (iii)

      an instrument that was given to, or in favour of, the Administration;

   4. (iv)

      an instrument under which any right or liability accrues or may accrue to the Administration;

   5. (v)

      any other instrument in which a reference is made to the Administration;

the transitional rules may provide that the reference has effect after the final transition time as if the reference to the Administration were a reference to the Norfolk Island Regional Council.

(2) If:

1. (a)

   an instrument was in force immediately before the final transition time; and

2. (b)

   a reference is made in the instrument to the Administration; and

3. (c)

   the instrument is an instrument covered by one or more of the following subparagraphs:

   1. (i)

      an instrument that was made by the Administration;

   2. (ii)

      an instrument to which the Administration was a party;

   3. (iii)

      an instrument that was given to, or in favour of, the Administration;

   4. (iv)

      an instrument under which any right or liability accrues or may accrue to the Administration;

   5. (v)

      any other instrument in which a reference is made to the Administration;

the transitional rules may provide that the reference has effect after the final transition time as if the reference to the Administration were a reference to the Commonwealth.

(3) In this item:

exempt instrument means:

1. (a)

   an Act; or

2. (b)

   an instrument made under this Act; or

3. (c)

   an enactment (within the meaning of the Norfolk Island Act 1979).

instrument:

1. (a)

   includes:

   1. (i)

      a contract, deed, undertaking or agreement; and

   2. (ii)

      a notice, authority, order or instruction; and

   3. (iii)

      an instrument made under an Act or under regulations; but

2. (b)

   does not include an exempt instrument.

Division 5Employees

368

Transfer of employees

(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Administration immediately before the final transition time.

(2) At the final transition time, the transferring employee:

1. (a)

   ceases to be an employee of the Administration; and

2. (b)

   becomes an employee of the Norfolk Island Regional Council.

(3) A transferring employee who becomes an employee of the Norfolk Island Regional Council under subitem (2) is taken to have been engaged by the Norfolk Island Regional Council on the same terms and conditions as those that applied to the transferring employee, immediately before the final transition time, as an employee of the Administration.

(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the final transition time from being varied:

1. (a)

   in accordance with those terms and conditions; or

2. (b)

   by or under a law, award, determination or agreement.

(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Administration as a result of this item.

(6) In this item:

vary, in relation to terms and conditions, includes:

1. (a)

   omit any of those terms and conditions; or

2. (b)

   add to those terms and conditions; or

3. (c)

   substitute new terms or conditions for any of those terms and conditions.

369

Accrued entitlements

(1) This item applies to a person if:

1. (a)

   the person was employed by the Administration immediately before the final transition time; and

2. (b)

   at the final transition time, the person becomes an employee of the Norfolk Island Regional Council or the Commonwealth.

(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Norfolk Island Regional Council or the Commonwealth, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Administration immediately before the final transition time.

(3) The service of the person as an employee of the Administration is taken, for all purposes, to have been continuous with his or her service as an employee of the Norfolk Island Regional Council or the Commonwealth, as the case may be.

Division 6Visas

370

Visas

(1) The transitional rules may provide that if, immediately before the final transition time, a person held a specified type of permit granted under the Immigration Act 1980 (Norfolk Island), the person is taken to have been granted a specified type of visa under the Migration Act 1958 immediately after the final transition time.

(2) The transitional rules may provide that if, immediately before the final transition time, a person was in specified circumstances, the person is taken to have been granted a specified type of visa under the Migration Act 1958 immediately after the final transition time.

Division 7Social security

371

Definitions

In this Division:

social security payment has the same meaning as in the Social Security Act 1991.

1. 372

   Eligibility for social security payment and concession card

The amendments of the Social Security Act 1991 made by Part 1 of this Schedule, so far as they relate to:

1. (a)

   qualification for, and payability of, a social security payment in respect of a period; or

2. (b)

   qualification for a concession card in respect of a period;

apply in relation to a period that began at or after the final transition time.

373

Australian residence

(1) This item applies in relation to:

1. (a)

   qualification for, and payability of, a social security payment in respect of a period; or

2. (b)

   qualification for a concession card in respect of a period;

if the period began at or after the final transition time.

(2) For the purposes of the following provisions of the Social Security Act 1991:

1. (a)

   subsection 7(2) (Australian resident);

2. (b)

   subsection 7(5) (qualifying Australian residence);

3. (c)

   Part 2.2 (age pension);

4. (d)

   Part 2.3 (disability support pension);

5. (e)

   Part 2.7 (bereavement allowance);

6. (f)

   Part 2.8 (widow B pension);

7. (g)

   Part 2.10 (parenting payment);

8. (h)

   Part 2.11 (youth allowance);

9. (i)

   Part 2.12 (newstart allowance);

residence of a claimant on Norfolk Island before the final transition time is taken to have been residence in Australia.

374

Death of child before final transition time

(1) This item applies to the following provisions of the Social Security Act 1991 (as amended by Part 1 of this Schedule):

1. (a)

   section 512;

2. (b)

   section 567G;

3. (c)

   section 660M;

4. (d)

   section 992J;

5. (e)

   section 992L;

6. (f)

   point 1064‑H7;

7. (g)

   point 1065‑E6;

8. (h)

   point 1066‑H6;

9. (i)

   point 1066A‑I6;

10. (j)

    point 1066B‑F6;

11. (k)

    point 1067G‑K9;

12. (l)

    point 1067L‑F9;

13. (m)

    point 1068‑J9;

14. (n)

    point 1068B‑G6.

(2) The provisions do not apply in relation to the death of a child if:

1. (a)

   immediately before his or her death, the child was ordinarily resident on Norfolk Island; and

2. (b)

   the death occurred before the final transition time.

375

Newly arrived resident’s waiting period

For the purposes of the Social Security Act 1991, a newly arrived resident’s waiting period is to be determined as if:

1. (a)

   residence on Norfolk Island at any time before the final transition time were residence in Australia; and

2. (b)

   physical presence on Norfolk Island at any time before the final transition time were physical presence in Australia.

376

Early claims

If:

1. (a)

   a claim for a social security payment or concession card was made during the 8‑week period ending at the final transition time; and

2. (b)

   when the claim was made, the claimant was ordinarily resident on Norfolk Island; and

3. (c)

   assuming that the claim had been made immediately after the final transition time, it would have been in accordance with Division 1 of Part 3 of the Social Security (Administration) Act 1999;

the claim is taken to have been made immediately after the final transition time.

Division 8Family assistance

377

Definitions

In this Division:

family tax benefit has the same meaning as in the A New Tax System (Family Assistance) Act 1999.

1. 378

   Eligibility for family tax benefit and single income family supplement in respect of periods before final transition time

The amendments of the A New Tax System (Family Assistance) Act 1999 made by Part 1 of this Schedule, so far as they relate to eligibility for family tax benefit or single income family supplement in respect of a period, apply in relation to a period that began at or after the final transition time.

379

Eligibility for stillborn baby payment

The amendments of the A New Tax System (Family Assistance) Act 1999 made by Part 1 of this Schedule, so far as they relate to eligibility for a stillborn baby payment in respect of a child, apply in relation to a child if the child’s delivery occurred at or after the final transition time.

1. 380

   Absences of FTB child etc. from Australia before final transition time

(1) If, immediately after the final transition time:

1. (a)

   an individual was ordinarily resident on Norfolk Island; and

2. (b)

   the individual was absent from Australia;

sections 24, 62 and 63 of the A New Tax System (Family Assistance) Act 1999 (as amended by Part 1 of this Schedule) have effect as if that absence had begun immediately after the final transition time.

(2) If, immediately after the final transition time:

1. (a)

   an individual was ordinarily resident on Norfolk Island; and

2. (b)

   the individual was in Australia;

then, for the purposes of sections 24, 62 and 63 of the A New Tax System (Family Assistance) Act 1999 (as amended by Part 1 of this Schedule), disregard any absence of the individual from Australia before the final transition time.

(3) In this item:

Australia has the same meaning as in the A New Tax System (Family Assistance) Act 1999 (as amended by Part 1 of this Schedule).

381

Early claims

If:

1. (a)

   a claim for family tax benefit was made during the 8‑week period ending at the final transition time; and

2. (b)

   when the claim was made, the claimant was ordinarily resident on Norfolk Island; and

3. (c)

   assuming that the claim had been made immediately after the final transition time, it would have been in accordance with Subdivision A of Division 1 of Part 3 of the A New Tax System (Family Assistance) (Administration) Act 1999;

the claim is taken to have been made immediately after the final transition time.

Division 9Child support

382

Early claims

(1) If:

1. (a)

   an application for administrative assessment of child support in respect of a child was made during the 8‑week period ending at the final transition time; and

2. (b)

   when the application was made:

   1. (i)

      the applicant was ordinarily resident on Norfolk Island; or

   2. (ii)

      the child was ordinarily resident on Norfolk Island; or

   3. (iii)

      a parent of the child was ordinarily resident on Norfolk Island; and

3. (c)

   assuming that the application had been made immediately after the final transition time, it would have been in accordance with Division 1 of Part 4 of the Child Support (Assessment) Act 1989;

the application is taken to have been made immediately after the final transition time.

(1A) If:

1. (a)

   an application for acceptance by the Registrar of an agreement made in relation to a child was made during the 8‑week period ending at the final transition time; and

2. (b)

   when the application was made:

   1. (i)

      the applicant was ordinarily resident on Norfolk Island; or

   2. (ii)

      the child was ordinarily resident on Norfolk Island; or

   3. (iii)

      a parent of the child was ordinarily resident on Norfolk Island; and

3. (c)

   assuming that the agreement had been entered into and made at the time (the deemed agreement time) immediately after the final transition time, the agreement would have been a child support agreement at the deemed agreement time; and

4. (d)

   assuming that the application had been made immediately after the deemed agreement time, it would have been in accordance with Division 3 of Part 6 of the Child Support (Assessment) Act 1989;

the agreement is taken to have been entered into and made at the deemed agreement time, and the application is taken to have been made immediately after the deemed agreement time.

(1B) Subsection 92(3) of the Child Support (Assessment) Act 1989 does not apply in relation to an agreement and an application taken under subitem (1A) to have been made in relation to a child if an application for administrative assessment of child support in respect of the child is taken under subitem (1) to have been made immediately after the final transition time.

(1C) Subitems (1), (1A) and (1B) do not apply in relation to:

1. (a)

   an application that was properly made under the Child Support (Assessment) Act 1989 before the final transition time; or

2. (b)

   an agreement that was a child support agreement before the final transition time.

(2) In this item:

administrative assessment has the same meaning as in the Child Support (Assessment) Act 1989.

child support agreement has the same meaning as in the Child Support (Assessment) Act 1989.

child support has the same meaning as in the Child Support (Assessment) Act 1989.

Registrar has the same meaning as in the Child Support (Assessment) Act 1989.

Division 10Paid parental leave

1. 383

   Payability determinations under the Paid Parental Leave Act 2010

(1) The Secretary (within the meaning of the Paid Parental Leave Act 2010) must not make a payability determination under that Act that parental leave pay is payable to a person for a child if:

1. (a)

   the child was born before the final transition time; and

2. (b)

   the person was ordinarily resident on Norfolk Island at the time of the birth.

(2) The Secretary (within the meaning of the Paid Parental Leave Act 2010) must not make a payability determination under that Act that dad and partner pay is payable to a person for a child if:

1. (a)

   the child was born before the final transition time; and

2. (b)

   the person was ordinarily resident on Norfolk Island at the time of the birth.

Division 11Adjusted taxable income etc.

384

Definitions

In this Division:

designated official means:

1. (a)

   in relation to working out a person’s adjusted taxable income under the Child Support (Assessment) Act 1989—the Child Support Registrar (within the meaning of that Act); or

2. (b)

   in relation to working out a person’s adjusted taxable income under the Social Security Act 1991—the Secretary (within the meaning of that Act); or

3. (c)

   in relation to working out a person’s taxable income under the Social Security Act 1991—the Secretary (within the meaning of that Act); or

4. (d)

   in relation to working out a person’s adjusted taxable income under the Paid Parental Leave Act 2010—the Secretary (within the meaning of that Act).

1. 385

   Inclusion of tax‑exempt Norfolk Island income in working out a person’s adjusted taxable income etc.

(1) This item applies for the purposes of working out:

1. (a)

   a person’s adjusted taxable income for a period under a provision of any of the following Acts:

   1. (i)

      the Child Support (Assessment) Act 1989;

   2. (ii)

      the Social Security Act 1991;

   3. (iii)

      the Paid Parental Leave Act 2010; or

2. (b)

   a person’s taxable income for a period under a provision of the Social Security Act 1991.

(2) A reference in the provision to the person’s taxable income for the period includes a reference to the person’s tax‑exempt Norfolk Island income for the period as determined under this Division.

1. 386

   Determination of tax‑exempt Norfolk Island income if information and documents in designated official’s possession are sufficient

   Scope

(1) This item applies if the designated official possesses sufficient information and documents to determine the person’s tax‑exempt Norfolk Island income for the period.

Determination

(2) The designated official may determine, from the information and documents in the designated official’s possession, an amount to be the person’s tax‑exempt Norfolk Island income for the period.

(3) In determining the person’s tax‑exempt Norfolk Island income for the period, the designated official must have regard only to income that was exempt from income tax under repealed Division 1A of Part III of the Income Tax Assessment Act 1936.

1. 387

   Determination of tax‑exempt Norfolk Island income if information and documents in designated official’s possession are insufficient

   Scope

(1) This item applies if the designated official does not possess sufficient information and documents to determine the person’s tax‑exempt Norfolk Island income for the period.

Determination

(2) The designated official may determine that the person’s tax‑exempt Norfolk Island income for the period is an amount that the designated official considers appropriate.

(3) However, if the determination is for the purposes of the Child Support (Assessment) Act 1989, the amount must be at least two‑thirds of the annualised MTAWE figure for the relevant June quarter.

(4) In this item:

annualised MTAWE figure, for a relevant June quarter, means the figure that is 52 times the amount set out for the reference period in the quarter under the headings “Average Weekly Earnings—Trend—Males—All Employees Total Earnings” in a document published by the Australian Statistician entitled “Average Weekly Earnings, Australia”.

quarter means a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April.

relevant June quarter, for a period, means the quarter ending on 30 June of the last calendar year ending before the period begins.

388

Obtaining information

(1) Division 1 of Part 5 of the Social Security (Administration) Act 1999 has effect as if this Division, to the extent to which it relates to the Social Security Act 1991, were a part of the social security law.

(2) Section 161 of the Child Support (Assessment) Act 1989 has effect as if this Division, to the extent to which it relates to that Act, were a part of that Act.

(3) Division 2 of Part 4‑1 of the Paid Parental Leave Act 2010 has effect as if this Division, to the extent to which it relates to that Act, were a part of that Act.

389

Delegation

(1) Section 234 of the Social Security (Administration) Act 1999 has effect as if this Division, to the extent to which it relates to the Social Security Act 1991, were a part of the social security law.

(2) Section 149 of the Child Support (Assessment) Act 1989 has effect as if this Division, to the extent to which it relates to that Act, were a part of that Act.

(3) Section 303 of the Paid Parental Leave Act 2010 has effect as if this Division, to the extent to which it relates to that Act, were a part of that Act.

390

Review of decisions

(1) Part 4 of the Social Security (Administration) Act 1999 has effect as if this Division, to the extent to which it relates to the Social Security Act 1991, were a part of the social security law.

(2) Section 80 of the Child Support (Registration and Collection) Act 1988 applies to a determination under this Division for the purposes of a provision of the Child Support (Assessment) Act 1989 as if the table in subsection 80(1) of that Act included a table item allowing:

1. (a)

   the carer entitled to child support (within the meaning of that Act); or

2. (b)

   the liable parent (within the meaning of that Act);

to lodge an objection to the determination.

(3) Chapter 5 of the Paid Parental Leave Act 2010 has effect as if this Division, to the extent to which it relates to that Act, were a part of that Act.

Division 12Extradition

1. 391

   Arrangements with the Australian Capital Territory

(1) This item applies to an arrangement between the Governor‑General and the Chief Minister of the Australian Capital Territory if the arrangement:

1. (a)

   was made under subsection 46(1) of the Extradition Act 1988 (as modified by the A.C.T. Self‑Government (Consequential Provisions) Regulations); and

2. (b)

   was in force immediately before the final transition time.

(2) The arrangement has effect, after the final transition time, as if it had been made under subsection 46(1) of the Extradition Act 1988 as amended by this Act.

Division 13Other matters

1. 392

   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:

1. (a)

   the vesting of an asset or liability under this Part; or

2. (b)

   the operation of this Part in any other respect; or

3. (c)

   the vesting of an asset or liability under the transitional rules; or

4. (d)

   the operation of the transitional rules in any other respect.

(3) The responsible Commonwealth Minister may certify in writing:

1. (a)

   that a specified matter is an exempt matter; or

2. (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.

393

Constitutional safety net

(1) If the operation of the transitional rules or this Part 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.

394

Constitutional limits

This Part has no effect to the extent (if any) to which it imposes taxation.

395

Certificates taken to be authentic

A document that appears to be a certificate made or issued under a particular provision of this Part:

1. (a)

   is taken to be such a certificate; and

2. (b)

   is taken to have been properly given;

unless the contrary is established.

396

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.

Schedule 3—Statistical information

Census and Statistics Act 1905

1

Section 2

Omit “, other than Part III,”.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Number and year	Registration	Commencement	Application, saving and transitional provisions
Norfolk Island Legislation Amendment Act 2015	28 May 2015	s 1–4: 26 May 2015 (s 2(1) item 1) Sch 1 (Pt 1) and Sch 2 (Pt 2): 18 June 2015 (s 2(1) items 2, 6) Sch 1 (Pt 2) and Sch 3: 27 May 2015 (s 2(1) items 3, 7) Sch 1 (Pt 3): 5 Mar 2016 (s 2(1) item 4) Sch 2 (Pt 1): 1 July 2016 (s 2(1) item 5)	—
Territories Legislation Amendment Act 2016	23 Mar 2016	Sch 1, Sch 2 and Sch 6: 24 Mar 2016 (s 2(1) items 2, 8)	—

Endnote 4Amendment history

Provision affected	How affected
Schedule 2
Part 1
c 17.....................................	am No 33, 2016
c 323....................................	rep No 33, 2016
Part 2
c 381....................................	am No 33, 2016
c 382....................................	am No 33, 2016