EXPLANATORY STATEMENT
Ordinance No. , 2018
Issued by the authority of the Minister for Regional Development, Territories and Local Government
Norfolk Island Act 1979
Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2018
Authority
The Norfolk Island Act 1979 (the Act) provides for the Government of the Territory of Norfolk Island.
Section 19A of the Norfolk Island Act 1979 provides that 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 2018 (the Ordinance) is made under section 19A of the Norfolk Island Act 1979.
Purpose and operation
The purpose of the Ordinance is to amend the Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2016 (the Principal Ordinance) by omitting “1 July 2018” from paragraph 1(1)(b) of Schedule 1 to the Principal Ordinance and substituting “1 July 2021”.
The amendments to Schedule 1 of the Principal Ordinance provide additional time to settle arrangements for the provision of state type services in relation to Norfolk Island.
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
Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2018
This Disallowable 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
The Norfolk Island Applied laws Amendment (Suspension) Ordinance 2018 amends the Norfolk Island Applied laws Amendment (Suspension) Ordinance 2016 to continue the suspension of NSW legislation on Norfolk Island until 1 July 2021.
Human rights implications
This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Minister for Regional Development, Territories and Local Government,
The Hon Dr John McVeigh MP
Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2018
Section 1 – Name
This section provides that the title of the Ordinance is the Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2018.
Section 2 – Commencement
This section provides the whole of the Ordinance commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the Ordinance is made under section 19A of 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 2021 by subsequent changes to the Principal Ordinance.
Overview
The Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2018 was enacted to address the need for additional time to arrange for the provision of state-type services on Norfolk Island. This ordinance is an amendment to the Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2016, extending the suspension of New South Wales legislation on Norfolk Island until 1 July 2021. Authorised by section 19A of the Norfolk Island Act 1979, the ordinance was issued under the authority of the Minister for Regional Development, Territories and Local Government. The objective of this legislative instrument is to provide a continued period of suspension to facilitate the necessary arrangements for the delivery of state-type services on Norfolk Island. The ordinance does not require public consultation as its outcomes are a continuation of prior arrangements. Additionally, it is compatible with human rights as it does not engage any of the applicable rights or freedoms.
Scope and Application
The Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2018 amends the Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2016, extending the suspension of New South Wales legislation on Norfolk Island until 1 July 2021. This Ordinance is made under section 19A of the Norfolk Island Act 1979, which empowers the Governor-General to enact Ordinances for the peace, order, and good government of Norfolk Island. The purpose of this amendment is to provide additional time to establish the arrangements necessary for the provision of state-type services on Norfolk Island, ensuring a smooth transition as the territory adjusts to the new governance framework. The Ordinance applies to all laws of New South Wales that are applicable to Norfolk Island, excluding specific Acts or legislation under those Acts, which may be unsuspended earlier than 1 July 2021 if subsequent changes to the Principal Ordinance dictate. The Ordinance commenced on the day after it was registered on the Federal Register of Legislation.
Key Provisions
The Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2018 (referred to as the Ordinance) is an instrument designed to amend the Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2016 (referred to as the Principal Ordinance). This amendment extends the suspension of certain New South Wales (NSW) legislation on Norfolk Island from 1 July 2018 to 1 July 2021. The primary purpose of this change is to provide additional time to establish arrangements for the provision of state-type services on the island (Section 4, Schedule 1).
The Ordinance, as set out in Section 3, is made under the authority of the Norfolk Island Act 1979, specifically Section 19A, which allows the Governor-General to enact Ordinances for the peace, order, and good governance of Norfolk Island. The Ordinance itself comes into effect on the day after it is registered on the Federal Register of Legislation, as stipulated in Section 2. The schedules within the Ordinance detail which specific pieces of legislation are affected and how they are to be amended or repealed.
Entities and individuals governed by this Ordinance have obligations to comply with the extended suspension period. This means that certain NSW laws, except those specifically mentioned or under specified Acts, will not apply to Norfolk Island until 1 July 2021. The Ordinance allows for certain laws to be reinstated before this date if subsequent changes are made to the Principal Ordinance, providing flexibility in managing the transition of services (Schedule 1).
There are no specific offences, penalties, or consequences outlined for breaches of the Ordinance itself. However, any breach of the suspended NSW legislation during the suspension period could result in legal consequences under the laws that have been temporarily suspended. The Ordinance focuses on extending the suspension period to ensure a smoother transition and does not introduce new penalties or enforcement mechanisms.