EXPLANATORY STATEMENT
Ordinance No. 12, 2016
Issued by the authority of the Minister for Local Government and Territories
Norfolk Island Act 1979
Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2016
Authority
Section 19A of the Norfolk Island Act 1979 provides the Governor-General may make Ordinances for the peace, order and good government of the Territory of Norfolk Island.
The Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2016 is made under section 19A of the Norfolk Island Act 1979.
Purpose and operation
The purpose of this Ordinance is to amend the Norfolk Island Applied Laws Ordinance 2016 (the Principal Ordinance) by omitting “1 January 2017” from Paragraph 1(1)(b) of Schedule 1 to the Principal Ordinance and substituting “1 July 2018”. The amendments to Schedule 1 to the Principal Ordinance provides additional time for further negotiations with the New South Wales (NSW) government for its officers and employees to perform functions and provide services in relation to Norfolk Island. It would also enable further consideration to be given to transitional arrangements which will need to be in place before more extensive application of NSW applied laws to Norfolk Island can occur.
Consultation
As the outcomes of the Ordinance are machinery in nature and are a continuation of the arrangements introduced by the Principal Ordinance, 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.
The 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.
The instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.
Detailed description of the Ordinance
Section 1 – Name
This section provides that the title of the Ordinance is the Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2016.
Section 2 – Commencement
This section provides the whole of the Ordinance commences on the day after the Ordinance is registered.
Section 3 – Authority
This section provides that the Ordinance is made under section 19A the Norfolk Island Act 1979.
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.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 – Suspension
Schedule 1 sets out the period for which the operation of the legislation of New South Wales, other than an Act specified or legislation made under such an Act, is suspended. Schedule 1 does not prevent specific Acts or legislation under Acts from being unsuspended earlier than 1 July 2018 by subsequent changes to the Principal Ordinance.
Overview
The Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2016, issued under section 19A of the Norfolk Island Act 1979, was enacted to amend the Norfolk Island Applied Laws Ordinance 2016. This legislation was introduced to provide additional time for negotiations with the New South Wales government regarding the provision of services on Norfolk Island, and to allow for further consideration of transitional arrangements. The purpose of the Ordinance is to extend the suspension period of New South Wales laws applied to Norfolk Island from 1 January 2017 to 1 July 2018, thus facilitating ongoing discussions and preparations for the broader application of New South Wales laws to Norfolk Island. As the changes are procedural and follow from the principal ordinance, no public consultation was conducted. The instrument is deemed compatible with human rights, as it does not engage any of the rights or freedoms recognised in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011.
Scope and Application
The Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2016 applies to the Territory of Norfolk Island and modifies the Norfolk Island Applied Laws Ordinance 2016. It is made under section 19A of the Norfolk Island Act 1979, allowing the Governor-General to enact ordinances for the peace, order, and good government of Norfolk Island. The primary effect of this ordinance is to amend the commencement date of the application of certain New South Wales laws to Norfolk Island, extending it from 1 January 2017 to 1 July 2018. This extension is intended to provide additional time for negotiations with the New South Wales government concerning the provision of services and functions related to Norfolk Island and to allow for further consideration of necessary transitional arrangements before the broader application of New South Wales laws. The ordinance does not specify any exclusions or exemptions from its application, nor does it detail any thresholds that might affect its scope. The ordinance's reach is limited to the Territory of Norfolk Island, and any further application of New South Wales laws to Norfolk Island would be subject to potential changes specified in subsequent ordinances.
Key Provisions
The Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2016 (the Ordinance) primarily amends the Norfolk Island Applied Laws Ordinance 2016 (the Principal Ordinance) by extending the suspension period for the application of New South Wales (NSW) laws to Norfolk Island from 1 January 2017 to 1 July 2018 (Section 1). This amendment is detailed in Schedule 1 of the Ordinance, which explicitly states that the operation of the legislation of New South Wales, other than an Act specified or legislation made under such an Act, is suspended until 1 July 2018 (Schedule 1, Item 1). The purpose of this amendment is to provide additional time for negotiations with the NSW government concerning the functions and services that its officers and employees will perform or provide on Norfolk Island. Furthermore, it allows for more time to consider the transitional arrangements needed before a more extensive application of NSW laws to Norfolk Island can occur.
The Ordinance imposes specific obligations on the relevant authorities to ensure that the suspension period is adhered to and that appropriate transitional arrangements are considered and implemented. Under Section 4, any instrument specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned. This means that the authorities must follow the amendment instructions outlined in Schedule 1 for the suspension period. Additionally, the Ordinance's authority is derived from Section 19A of the Norfolk Island Act 1979, which empowers the Governor-General to make Ordinances for the peace, order, and good government of Norfolk Island (Section 3). The commencement of the Ordinance occurs on the day after it is registered (Section 2), ensuring that the changes take effect from a specific date.
The Ordinance does not explicitly state any offences, penalties, or civil/criminal consequences for breaches. However, the importance of adhering to the transitional arrangements and the stipulated suspension period implies that failure to comply with these requirements could lead to legal and administrative issues. The lack of specific penalties in the text suggests that any consequences of non-compliance would likely be addressed through the general legislative framework governing Norfolk Island or through any subsequent amendments or regulations. The compatibility of the Ordinance with human rights, as stated in the explanatory statement, indicates that the changes do not raise any human rights issues and are therefore unlikely to be challenged on those grounds.