Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 (Cth)
Norfolk Island Legislation Amendment (Public Health) Ordinance 2018
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance.
Dated 02 March 2018
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Dr John McVeigh
Minister for Regional Development, Territories and Local Government
Contents
1............ Name............................................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Schedules...................................................................................................................... 1
Schedule 1—Public health legislation 2
Part 1—Amendment of the Public Health Act 2010 (NSW) and the Public Health Regulation 2012 (NSW) 2
Norfolk Island Applied Laws Ordinance 2016 2
Part 2—Repeal of the Public Health Act 1996 (Norfolk Island) and the Health (General) Regulations (Norfolk Island) 8
Norfolk Island Continued Laws Ordinance 2015 8
Part 3—Transitional provisions relating to the repeal of the Public Health Act 1996 (Norfolk Island) and the Health (General) Regulations (Norfolk Island) 9
Norfolk Island Continued Laws Ordinance 2015 9
Part 4—Consequential amendments of continued laws 11
Norfolk Island Continued Laws Ordinance 2015 11
Schedule 2—Amendment of the Interpretation Act 1979 (Norfolk Island) 13
Norfolk Island Continued Laws Ordinance 2015 13
1 Name
This Ordinance is the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018.
2 Commencement
(1) Each provision of this Ordinance specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. The whole of this Ordinance | The day after this Ordinance is registered. | 10 March 2018 |
Note: This table relates only to the provisions of this Ordinance as originally made. It will not be amended to deal with any later amendments of this Ordinance.
(2) Any information in column 3 of the table is not part of this Ordinance. Information may be inserted in this column, or information in it may be edited, in any published version of this Ordinance.
3 Authority
This Ordinance is made under section 19A of the Norfolk Island Act 1979.
4 Schedules
Each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.
Schedule 1—Public health legislation
Part 1—Amendment of the Public Health Act 2010 (NSW) and the Public Health Regulation 2012 (NSW)
Norfolk Island Applied Laws Ordinance 2016
1 Before item 1 of Schedule 6
Insert:
1A Subsection 5(1)
Insert:
Civil and Administrative Tribunal means the Administrative Review Tribunal of Norfolk Island.
District Court means the Supreme Court of Norfolk Island.
1B Subsection 5(1) (after paragraph (d) of the definition of hospital)
Insert:
(da) the Norfolk Island Health and Residential Aged Care Service Facility (within the meaning of the Norfolk Island Health and Residential Aged Care Service Act 1985 of Norfolk Island); or
1C Subsection 5(1)
Insert:
Local Court means the Court of Petty Sessions of Norfolk Island.
Supreme Court means the Supreme Court of Norfolk Island.
Tribunal means the Administrative Review Tribunal of Norfolk Island.
2 Item 2 of Schedule 6 (subsections 6A(1) and (2))
Repeal the subsections.
3 Item 2 of Schedule 6 (paragraph 6A(3)(c))
After “Local Court”, insert “of New South Wales”.
4 After item 3 of Schedule 6
Insert:
3A Subsection 7(7)
Omit “an administrative review under the Administrative Decisions Review Act 1997”, substitute “a review under the Administrative Review Tribunal Act 1996 of Norfolk Island”.
5 After item 7 of Schedule 6
Insert:
7A Paragraph 24(1)(a)
Repeal the paragraph, substitute:
(a) the Commonwealth; or
(aa) a Minister of State of the Commonwealth; or
(ab) an official of a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 of the Commonwealth); or
(ac) the manager of the Norfolk Island Health and Residential Aged Care Service (within the meaning of the Norfolk Island Health and Residential Aged Care Service Act 1985 of Norfolk Island) or a person employed by the manager for the purposes of the Norfolk Island Health and Residential Aged Care Service; or
(ad) the Norfolk Island Regional Council; or
(ae) an employee of the Norfolk Island Regional Council; or
(af) the State of New South Wales; or
7B Before subsection 25(1)
Insert:
(1AA) This section does not apply in relation to the Territory of Norfolk Island until the start of 1 November 2018.
7C Before section 26
Insert:
25A Division does not apply until 1 October 2018
This Division does not apply in relation to the Territory of Norfolk Island until the start of 1 October 2018.
7D Before section 34
Insert:
33A Division does not apply until 1 November 2018
This Division does not apply in relation to the Territory of Norfolk Island until the start of 1 November 2018.
7E Section 48
Omit “an administrative review under the Administrative Decisions Review Act 1997”, substitute “a review under the Administrative Review Tribunal Act 1996 of Norfolk Island”.
7F Subsection 49(6)
Omit “an administrative review under the Administrative Decisions Review Act 1997”, substitute “a review under the Administrative Review Tribunal Act 1996 of Norfolk Island”.
7G Section 53
Omit “Registrar of Births, Deaths and Marriages”, substitute “Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963 of Norfolk Island)”.
7H At the end of section 64
Add:
(7) After making a decision under subsection (3), the Tribunal must ensure that copies of the decision and the written reasons for it are provided as soon as practicable to:
(a) the person subject to the public health order; and
(b) the person who made the public health order.
(8) Unless the Tribunal otherwise orders, a decision made under subsection (3) takes effect when a copy of the decision is provided to the person who made the public health order.
(9) This section applies to the exclusion of section 31 of the Administrative Review Tribunal Act 1996 of Norfolk Island.
7J At the end of section 65
Add:
(7) After making a decision under subsection (4), the Tribunal must ensure that copies of the decision and the written reasons for it are provided as soon as practicable to:
(a) the person subject to the public health order; and
(b) the person who applied to the Tribunal.
(8) Unless the Tribunal otherwise orders, a decision made under subsection (4) takes effect when a copy of the decision is provided to the person who applied to the Tribunal.
(9) This section applies to the exclusion of section 31 of the Administrative Review Tribunal Act 1996 of Norfolk Island.
7K Section 66
Omit “an administrative review under the Administrative Decisions Review Act 1997”, substitute “a review under the Administrative Review Tribunal Act 1996 of Norfolk Island”.
6 After item 9 of Schedule 6
Insert:
9A After subsection 73(3)
Insert:
(3A) After making a decision under subsection (2), the Tribunal must ensure that copies of the decision and the written reasons for it are provided as soon as practicable to:
(a) the person subject to the public health order; and
(b) the person who made the public health order.
(3B) Unless the Tribunal otherwise orders, a decision made under subsection (2) takes effect when a copy of the decision is provided to the person who made the public health order.
(3C) This section applies to the exclusion of section 31 of the Administrative Review Tribunal Act 1996 of Norfolk Island.
7 After item 16 of Schedule 6
Insert:
16A Subsection 118(3)
Repeal the subsection.
16B Subsection 118(5)
Omit “Act”, substitute “law”.
16C After section 118
Insert:
118A Effect of payment under penalty notice
(1) If the full amount specified in a penalty notice issued under section 118 for an alleged offence is paid in accordance with the notice, no person is liable to any further proceedings for the alleged offence.
(2) Payment under a penalty notice issued under section 118 is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
(3) This section does not affect any disciplinary or other proceedings, or liability, to which a person is expressly subject under another law in relation to the payment of an amount under a penalty notice.
8 Item 21 of Schedule 6
Repeal the item, substitute:
21 Subclause 3(1) (definition of correctional centre)
Repeal the definition, substitute:
correctional centre means:
(a) a police station or a court cell complex in which an offender is held in custody; or
(b) a detention centre within the meaning of the Sentencing Act 2007 of Norfolk Island.
21A Before clause 4
Insert:
3A Part does not apply until 1 October 2018
This Part does not apply in relation to the Territory of Norfolk Island until the start of 1 October 2018.
21B Subclause 5(2)
Omit “an owners corporation (within the meaning of the Strata Schemes Management Act 1996)”, substitute “a body corporate (within the meaning of the Community Title Act 2015 of Norfolk Island)”.
21C Subclause 6(4)
Omit “An application for an approval by the Secretary is to be accompanied by a fee of $176.”.
21D Before clause 14
Insert:
13A Part does not apply until 1 November 2018
This Part does not apply in relation to the Territory of Norfolk Island until the start of 1 November 2018.
21E Before clause 34
Insert:
33A Part does not apply until 1 November 2018
This Part does not apply in relation to the Territory of Norfolk Island until the start of 1 November 2018.
21F Paragraph 44A(1)(b)
Repeal the paragraph, substitute:
(b) an enduring parental responsibility order (within the meaning of the Child Welfare Act 2009 of Norfolk Island) is in force in relation to the child; or
(ba) the child welfare officer has parental responsibility for the child under the Child Welfare Act 2009 of Norfolk Island (whether or not the parental responsibility is being exercised by another person on behalf of the child welfare officer); or
9 At the end of Part 2 of Schedule 6
Add:
23 Clause 48
After “part of the State concerned”, insert “(which may be the whole of the State)”.
24 Clause 49 (definition of coroner)
Omit “Coroners Act 2009”, substitute “Coroners Act 1993 of Norfolk Island”.
25 Clause 49 (definition of exhumation)
Omit “in accordance with section 55 (4) of the Cemeteries and Crematoria Act 2013”.
26 Subclauses 54(3) and 59(3)
Omit “Coroners Act 2009”, substitute “Coroners Act 1993 of Norfolk Island”.
27 Subclause 70(3)
Omit “issued under the Births, Deaths and Marriages Registration Act 1995”, substitute “an extract from the Register of Deaths kept under the Registration of Births, Deaths and Marriages Act 1963 of Norfolk Island”.
28 Paragraphs 81(1)(c) and (2)(c)
Repeal the paragraphs, substitute:
(c) if the death is not one in relation to which an inquest may be held under the Coroners Act 1993 of Norfolk Island; and
29 Paragraph 82(2)(a)
Repeal the paragraph, substitute:
(a) an inquest may be held in relation to the death under the Coroners Act 1993 of Norfolk Island; or
30 Subclause 83(1)
Omit “whose death is examinable under the Coroners Act 2009 by the coroner”, substitute “in relation to whose death an inquest may be held under the Coroners Act 1993 of Norfolk Island”.
31 Clause 14 of Schedule 3
Omit “and the Health Records and Information Privacy Act 2002”.
32 At the end of paragraph 17(3)(c) of Schedule 3
Add “or the St John Ambulance of Norfolk Island”.
Part 2—Repeal of the Public Health Act 1996 (Norfolk Island) and the Health (General) Regulations (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
10 Item 1 of Schedule 2
Insert:
Public Health Act 1996
11 Item 2 of Schedule 2
Insert:
Health (General) Regulations
Part 3—Transitional provisions relating to the repeal of the Public Health Act 1996 (Norfolk Island) and the Health (General) Regulations (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
12 In the appropriate position in Schedule 2
Insert:
Part 8—Transitional provisions relating to the repeal of the Public Health Act 1996 and the Health (General) Regulations
25 Definitions
In this Part:
commencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.
26 Notices under the Public Health Act 1996
(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).
(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).
27 Approvals, notices and proceedings under the Health (General) Regulations
(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.
(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.
(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).
(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.
(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.
Part 4—Consequential amendments of continued laws
Norfolk Island Continued Laws Ordinance 2015
13 After item 24AF of Schedule 1
Insert:
Bores and Wells Act 1996 (Norfolk Island)
24AG Title
Omit “until the commencement of Part 3 of the Public Health Act 1996”.
24AH Subsection 6(1)
Omit “(1)”.
24AI Subsections 6(2) and 7(3) and (4)
Repeal the subsections.
24AJ Subsection 10(1)
Omit “before the date of commencement of Part 3 of the Public Health Act 1996”.
14 Before item 24A of Schedule 1
Insert:
24AK Subsection 5(1) (paragraph (b) of the definition of building work)
Omit “Public Health Act 1996”, substitute “Environment Act 1990”.
15 Before item 77 of Schedule 1
Insert:
76U At the end of section 2
Add:
(4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:
(a) Division 3 of Part 6;
(b) items 11 to 16 in Schedule 3.
16 Items 102 and 102AA of Schedule 1
Repeal the items, substitute:
102 Section 2
Repeal the section.
103 Parts 1 to 3
Repeal the Parts.
104 Sections 21 and 22
Repeal the sections.
105 At the end of paragraph 24(1)(a)
Add “or”.
106 Paragraph 24(1)(b)
Repeal the paragraph.
107 Section 24A
Repeal the section.
108 Schedules 1 to 4
Repeal the Schedules.
17 After item 230 of Schedule 1
Insert:
Planning and Public Health (Consequential Provisions) Act 1996 (Norfolk Island)
230A Parts 3, 4 and 7
Repeal the Parts.
18 Part 1 of Schedule 1 (heading specifying Public Health Act 1996 (Norfolk Island))
Repeal the heading.
19 Items 261 to 263 of Schedule 1
Repeal the items.
20 Division 6 of Part 2 of Schedule 1
Repeal the Division.
Schedule 2—Amendment of the Interpretation Act 1979 (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
1 After item 181 of Schedule 1
Insert:
181A Section 29 (heading)
Repeal the heading, substitute:
29 References to Commonwealth Acts
2 After item 182 of Schedule 1
Insert:
182A After section 29
Insert:
29A References to NSW Acts and instruments
Acts and instruments as in force in Norfolk Island
(1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.
Note: Because of section 7 of this Act, this also applies to a reference in an instrument made under an enactment.
Acts and instruments as in force in NSW
(2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.
Note: Because of section 7 of this Act, this also applies to a reference in an instrument made under an enactment.
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