Commonwealth Finance Minister's (Norfolk Island) Amendment Orders 2015

EXPLANATORY STATEMENT

Issued by the authority of the Minister for Finance

Norfolk Island Act 1979

Commonwealth Finance Minister’s (Norfolk Island) Amendment Orders 2015

Authority

The Commonwealth Finance Minister makes this instrument under subsection 48T(1) of the Norfolk Island Act 1979 (Cth) (Norfolk Island Act).

Subsection 48T(1) allows the Commonwealth Finance Minister to make Orders on any matter on which the Act requires or permits Commonwealth Finance Minister’s Orders to be made, and on any matter on which regulations may be made for the purposes of subsection 48R(1) or subsection 48S(1).

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Purpose and Operation

The Commonwealth Finance Minister’s (Norfolk Island) Amendment Orders 2015 (the Amendment Orders) amend the Commonwealth Finance Minister’s (Norfolk Island) Orders 2011 (the Principal Orders) made under subsection 48T(1) of the Norfolk Island Act. The Principal Orders provide details supplementing the statutory requirements in Part VI of the Norfolk Island Act, which establishes a legislative framework for the financial management of the Administration of Norfolk Island and Territory authorities.

The Amendment Orders are made as a consequence of reforms to governance arrangements for Norfolk Island introduced by the Norfolk Island Legislation Amendment Act 2015.

The Norfolk Island Legislation Amendment Act 2015 amended the Norfolk Island Act to provide for the reform of governance arrangements in the Territory in two phases:

1. Interim transition time, the commencement of Part 1 of Schedule 1 to the Norfolk Island Legislation Amendment Act 2015, which was 18 June 2015. At the interim transition time, the Act:
   1. abolished the Executive Council and Legislative Assembly,
   2. established the Norfolk Island Advisory Council,
   3. retained the Administration and the Administrator, who will be subject to the direction of the Commonwealth Minister,
   4. retained current judicial arrangements for Norfolk Island, and
   5. returned legislative power for the Territory to the Governor-General.

2.      Final transition time, to commence on 1 July 2016. At the final transition time, the Act will:

1. abolish the office of the Administrator and the Administration of Norfolk Island,
2. provide for the general application of NSW laws to the Territory (with modifications as necessary and appropriate, and with provision for Commonwealth oversight and control of the Territory), and
3. apply a range of Commonwealth laws to the Territory consistently (as far as appropriate) with their application to mainland States and Territories, including a range of social security, health and immigration laws.

The financial arrangements in Part VI of the Norfolk Island Act, which contains subsection 48T(1) and to which the Amendment Orders relate, will continue to operate until the final transition time (when Part VI will be repealed). However, some amendments to Part VI took effect at the interim transition time. In particular, relevant powers, duties and functions conferred on the Norfolk Island Minister for Finance under the Norfolk Island Act before the interim transition time were generally transferred to the Administrator by the Norfolk Island Legislation Amendment Act 2015.

The primary objects of the Amendment Orders are to:

• make changes to the Principal Orders consequential to the amendments to the Norfolk Island Act introduced by Norfolk Island Legislation Amendment Act 2015,
• re-allocate powers, functions and duties that are intended to have continued operation under the Principal Orders, but are conferred on offices and bodies that ceased to exist at the interim transition time (such as the Norfolk Island Minister for Finance and Chief Minister), and
• remove requirements for tabling documents before the Legislative Assembly due to its abolition, while generally retaining existing requirements for the public release of documents.

The Amendment Orders also address some changes to relevant Norfolk Island enactments since the Principal Orders were made.

Nature of the Amendment Orders

The Amendment Orders are a legislative instrument for the purpose of the Legislative Instruments Act 2003.

Consultation

As the amendments to the Principal Orders are largely machinery in nature and are the result of the arrangements introduced by the Norfolk Island Legislation Amendment Act 2015, public consultation was not undertaken.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Commonwealth Finance Minister’s (Norfolk Island) Amendment Orders 2015

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

Part VI of the Norfolk Island Act 1979 provides a legislative framework for the financial management of the Administration of Norfolk Island and Territory authorities. The Commonwealth Finance Minister’s (Norfolk Island) Orders 2011 (the Orders) provide details supplementing these statutory requirements. 

This Legislative Instrument (the Amendment Orders) amends the Orders to make consequential amendments to financial management arrangements for Norfolk Island, following the broader governance reforms introduced by the Norfolk Island Legislation Amendment Act 2015.

In particular, the Norfolk Island Legislation Amendment Act 2015 abolished the offices of Norfolk Island Ministers and the Legislative Assembly. The Amendment Orders therefore transfer powers, duties and functions of Norfolk Island Ministers under the Orders to the Administrator. The Amendment Orders also remove references relating to requirements for tabling documents before the Legislative Assembly. Requirements for the public release of such documents are retained to ensure continued transparency.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Senator the Hon Mathias Cormann

Minister for Finance

Attachment B

Details of the Commonwealth Finance Minister’s (Norfolk Island) Amendment Orders 2015

Clause 1 – Name of Orders

This clause provides that the title of the Orders is the Commonwealth Finance Minister’s (Norfolk Island) Amendment Orders (the Amendment Orders).

Clause 2 – Commencement

This clause ensures that the Amendment Orders commence on the day after they are registered or on the commencement of Part 1 of Schedule 1 to the Norfolk Island Legislation Amendment Act 2015 (the interim transition time), whichever is the later.

Clause 3 – Amendment to the Commonwealth Finance Minister’s (Norfolk Island) Orders 2011

This clause provides that Schedule 1 to the Amendment Orders amends the Commonwealth Finance Minister’s (Norfolk Island) Orders 2011 (Principal Orders).

Schedule 1 – Amendments to the Commonwealth Finance Minister’s (Norfolk Island) Orders 2011

Item [1]

This Item repeals and substitutes the Reader’s Guide to reflect the transfer of key functions under the Principal Orders from the Norfolk Island Minister for Finance to the Administrator due to the abolition of the offices of Norfolk Island Ministers.

Item [2]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ throughout clause 5 to confer the Minister’s functions on the Administrator.

Item [3]

This Item repeals and substitutes the Note to clause 5 which contains redundant references to the Minister for Finance in the Norfolk Island Government. The new Note refers to the definitions of Administrator and Chief Executive Officer in the Norfolk Island Act.

Item [4]

This Item repeals and substitutes the heading to clause 6 to correct a minor typographical error.

Item [5]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ throughout clause 6 to confer the Minister’s functions on the Administrator.

Item [6]

This Item repeals and substitutes the heading to clause 7 to reflect the conferral of the Minister for Finance’s functions on the Administrator. The Item also corrects a minor typographical error.

Item [7]

This Item repeals and substitutes subclause 7(1) to require the Administrator, rather than the Norfolk Island Minister for Finance, to prepare and publicly release an annual budget for the Administration of Norfolk Island. As the Legislative Assembly ceased to exist at the interim transition time, the requirement to table the budget in the Assembly is removed. The requirement for public release is retained to ensure continued transparency..

Item [8]

This Item repeals and substitutes Note 1 to subclause 7(1) and relates to the preparation of annual budgets. This amendment is consequential to amendments to subsection 48A(4) of the Norfolk Island Act. 

Item [9]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ in paragraph 7(2)(d) consequential on amendments to clause 10.

Item [10]

This Item replaces ‘Bill’ with ‘Ordinance’ in paragraph 7(2)(e), as following its abolition the Legislative Assembly will no longer pass an Appropriation Bill for the budget year. After the interim transition time, the appropriation made by enactment required under subsection 48(1) of the Norfolk Island Act may be made by Ordinance under section 19A.

Items [11] and [12]

These Items omit ‘Minister for Finance’ and substitute ‘Administrator’ throughout clause 8 and subclause 9(1) to confer the Minister’s functions on the Administrator.

Item [13]

This Item repeals and substitutes subclause 9(3) to confer the relevant function on the Administrator rather than the Minister for Finance. The requirement for tabling a new financial policy objectives and strategies statement in the Legislative Assembly is removed due to the abolition of the Legislative Assembly; however, the requirement to publicly release the statement is retained to ensure continued transparency.

Item [14]

This Item repeals and substitutes the heading to clause 10 to reflect the conferral of the Minister for Finance’s functions on the Administrator.

Item [15]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ in subclause 10(1) to confer the Minister’s functions on the Administrator.

Item [16]

This Item repeals and substitutes the heading to clause 11 to reflect the conferral of the Minister for Finance’s functions on the Administrator.

Item [17]

This Item repeals and substitutes subclause 11(1) to require the Administrator, rather than the Norfolk Island Minister for Finance, to prepare and publicly release a proposed annual budget for each Territory authority for the budget year. As the Legislative Assembly ceased to exist at the interim transition time, the requirement to table the proposed budget in the Legislative Assembly is removed. The requirement for public release is retained to ensure continued transparency.

Item [18]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ in paragraph 11(2)(b) consequential on amendments to clause 12.

Item [19]

This Item repeals and substitutes the heading to clause 12 to reflect the conferral of the Minister for Finance’s functions on the Administrator.

Item [20]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ throughout clause 12 to confer the Minister’s functions on the Administrator.

Item [21]

This Item repeals and substitutes the heading to clause 13 to reflect the conferral of the Minister for Finance’s functions on the Administrator.

Item [22]

This Item repeals and substitutes subclause 13(1) to confer the Minister for Finance’s functions on the Administrator. The requirement for tabling a mid-year budget report in the Legislative Assembly is removed due to the abolition of the Legislative Assembly; however, the requirement to publicly release the report is retained to ensure continued transparency.

Item [23]

This Item repeals and substitutes the heading to clause 14 to reflect the conferral of the Minister for Finance’s functions on the Administrator.

Item [24]

This Item repeals and substitutes subclause 14(1) to confer the Minister for Finance’s functions on the Administrator. The requirement for tabling a final budget outcome report in the Legislative Assembly is removed due to the abolition of the Legislative Assembly; however, the requirement to publicly release the report is retained to ensure continued transparency.

Item [25]

This Item repeals and substitutes the heading to clause 16 to reflect the conferral of the Minister for Finance’s functions on the Administrator.

Item [26]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ throughout clause 16 to confer the Minister’s functions on the Administrator.

Item [27]

This Item repeals the note to subclause 16(4) consequential to the repeal of subsection 48C(4) of the Norfolk Island Act.

Item [28]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ in clause 17 consequential on the amendments to subsection 16(1).

Items [29] to [30]

These Items omit ‘Minister for Finance’ and substitute ‘Administrator’ throughout clauses 18 and 19 to confer the Minister’s functions on the Administrator.

Item [31]

This Item repeals and substitutes the heading to subclause 19(3) to reflect the conferral of the responsible Minister’s function on the Administrator.

Item [32]

This Item repeals and substitutes the heading to subclause 20 to reflect the conferral of the Minister for Finance’s functions on the Administrator.

Item [33]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ throughout clause 20 to confer the Minister’s functions on the Administrator.

Item [34]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ in clause 21 consequential on the amendments to subsection 20(1)(b).

Item [35]

This Item repeals and substitutes the heading to clause 22 to reflect the conferral of the Minister for Finance’s functions on the Administrator.

Item [36]

This Item 36 repeals and substitutes clause 22 to confer the Minister for Finance’s functions on the Administrator. The Item also repeals and substitutes a reference to tabling periodic financial statements in accordance with subsection 48H(4) of the Norfolk Island Act consequential to the repeal of that subsection.

Items [37] and [38]

These items omit ‘Minister for Finance’ and substitute ‘Administrator’ throughout clauses 23 and 24 consequential on amendments to clauses 16 and 20.

Item [39]

This Item repeals and substitutes the heading to clause 26 so that it refers to the appropriate section of the Norfolk Island Act.

Item [40]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ in subclause 26(1) to confer the Minister’s functions on the Administrator.

Item [41]

This Item repeals and substitutes the heading to clause 27 to reflect the conferral of the Minister for Finance’s functions on the Administrator.

Item [42]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ throughout clause 27 to confer the Minister’s functions on the Administrator.

Item [43]

This Item repeals and substitutes subclause 27(2) to confer the Minister for Finance’s functions on the Administrator. The Item removes the requirement to table the determination in the Legislative Assembly due to its abolition; however, the requirement to publish the determination is retained to ensure continued transparency.

Item [44]

This Item repeals and substitutes the heading to clause 28 so that it refers to the appropriate sections of the Norfolk Island Act.

Item [45]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ in subclause 28(1) to confer the Minister’s functions on the Administrator.

Item [46]

This Item repeals subclause 28(4), relating to financial reporting for Norfolk Air, as the airline has ceased operating.

Item [47]

This Item repeals and substitutes the heading to clause 29 so that it refers to the appropriate section of the Norfolk Island Act.

Item [48]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ throughout clause 29 to confer the Minister’s functions on the Administrator.

Item [49]

This Item repeals and substitutes the heading to clause 30 so that it refers to the appropriate section of the Norfolk Island Act.

Item [50]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ throughout clause 30 to confer the Minister’s functions on the Administrator.

Item [51]

This Item repeals and substitutes the heading to clause 31 so that it refers to the appropriate section of the Norfolk Island Act.

Item [52]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ throughout subclause 31(1) to confer the Minister’s functions on the Administrator.

Item [53]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ throughout clause 32 to confer the Minister’s functions on the Administrator.

Item [54]

This Item repeals and substitutes the heading to clause 33 to reflect the conferral of the Minister for Finance’s functions on the Administrator.

Item [55]

This Item repeals and substitutes subclause 33(1) to confer the Minister for Finance’s functions on the Administrator. The Item also changes a reference to the Norfolk Island Act, consequential to amendments to the Act that took effect at the interim transition time, and makes some minor typographical corrections.

Item [56]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ in subclause 33(2) to confer the Minister’s functions on the Administrator.

Item [57]

This Item repeals and substitutes the heading to clause 34 to reflect the conferral of the Minister for Finance’s functions on the Administrator.

Item [58]

This Item repeals and substitutes clause 34 to confer the Minister for Finance’s function on the Administrator. The Item also removes a reference to subsection 48E(4) of the Norfolk Island Act consequential on the repeal of that subsection.

Item [59]

This Item repeals and substitutes clause 36 to remove a reference to tabling documents in the Legislative Assembly, consequential on amendments to section 48J of the Norfolk Island Act.

Item [60]

This Item repeals and substitutes clause 37 to confer the Chief Minister’s function on the Administrator because the Chief Minister’s office ceased to exist at the interim transition time. The Item also removes a reference to tabling the annual report and a reference to the definition of Chief Minister in the Norfolk Island Act consequential on amendments to the Act that took effect at the interim transition time.

Item [61]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ in clause 38 to confer the Minister’s functions on the Administrator.

Item [62]

This Item repeals and substitutes the heading to clause 40 to reflect the conferral of the Minister for Finance’s functions on the Administrator.

Item [63]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ in clause 40 to confer the Minister’s functions on the Administrator.

Item [64]

This Item repeals and substitutes paragraph 40(1)(b) to remove a reference to ‘a proposed law that is before the Legislative Assembly’, as the Legislative Assembly ceased to exist at the interim transition time.

Item [65]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ in subparagraph 45(a)(iii) to confer the Minister’s functions on the Administrator.

Item [66]

This Item repeals and substitutes the heading to clause 47 to reflect the conferral of the Minister for Finance’s functions on the Administrator.

Item [67]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ throughout clause 47 to confer the Minister’s functions on the Administrator.

Item [68]

This Item repeals and substitutes the definition of ‘approver’ in subclause 49(1) to reflect the governance arrangements for Norfolk Island which took effect at the interim transition time.

Items [69]

This Item omits ‘Public Sector Management Act 2000’ and substitutes ‘Public Service Act 2014’ in the definition of ‘arrangement’ in subclause 49(1) as the former Act was repealed by the latter. The Public Service Act 2014 is continued in force under section 16A of the Norfolk Island Act.

Item [70]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ throughout the definition of ‘Government Business Enterprise’ in subclause 49(1) consequential to amendments to clause 27.

Item [71]

This Item repeals and substitutes the definition of ‘official’ in subclause 49(1) to reflect the governance arrangements for Norfolk Island which took effect at the interim transition time.

Item [72]

This Item omits ‘Public Sector Management Act 2000’ and substitutes ‘Public Service Act 2014’ in the definition of ‘public sector employee’ in subclause 49(1) as the former Act was repealed by the latter. The Public Service Act 2014 is continued in force under section 16A of the Norfolk Island Act.

Item [73]

This Item repeals the definition of ‘responsible Minister’ in subclause 49(1) as the offices of Norfolk Island Ministers ceased to exist at the interim transition time.

Item [74]

This Item omits ‘Minister for Finance’ and substitutes ‘Administrator’ in subclause 51(2) consequential to amendments to clause 47.