Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2021

Administered by Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Legislation au F2021L00587 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Assistant Minister for Regional Development and Territories, Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

 

Norfolk Island Applied Laws Ordinance 2016

 

Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2021

 

Authority

 

The Norfolk Island Act 1979 (Norfolk Island Act) provides for the governance of the Territory of Norfolk Island (Norfolk Island). Section 19A of the Norfolk Island Act provides that the Governor‑General may make Ordinances for the peace, order and good government of Norfolk Island.

 

The Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2021 (the Ordinance) is made under section 19A of the Norfolk Island Act.

 

The Ordinance amends the Norfolk Island Applied Laws Ordinance 2016 (the Applied Laws Ordinance). The Applied Laws Ordinance is the mechanism through which amendments to Norfolk Island applied laws can be made.

 

Purpose and operation

 

The Ordinance amends the Applied Laws Ordinance to suspend the operation of the majority of New South Wales (NSW) laws in Norfolk Island for a further two years until 1 July 2023.

 

While some NSW laws operate in Norfolk Island to support the delivery of local government, health and education services, the operation of the majority of NSW laws has been suspended until 1 July 2021. The amendment extends the suspension of the operation of these laws for a further two years to 1 July 2023. This will maintain existing arrangements for the provision of state-type services and provide additional time for an agreement to be reached with a new service delivery partner.

 

Consultation

 

Consultation was not necessary because the Ordinance maintains the existing legislative framework in Norfolk Island and does not make any changes to current arrangements.

 

Other

 

The Ordinance is a legislative instrument for the purposes of the Legislation Act 2003.

 

The Ordinance commences the day after registration on the Federal Register of Legislation.

 

Details of the Ordinance are set out in the Attachment.

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 2021

 

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 Ordinance

 

Purpose and operation

 

The Ordinance amends the Applied Laws Ordinance to suspend the operation of the majority of New South Wales (NSW) laws in Norfolk Island for a further two years until 1 July 2023.

 

While some NSW laws operate in Norfolk Island to support the delivery of local government, health and education services, the operation of the majority of NSW laws has been suspended until 1 July 2021. The amendment extends the suspension of the operation of these laws for a further two years to 1 July 2023. This will maintain existing arrangements for the provision of state-type services and provide additional time for an agreement to be reached with a new service delivery partner.

 

Human rights implications

 

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

 

Conclusion

 

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

 

Assistant Minister for Regional Development and Territories,

Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

 

The Hon Nola Marino MP


ATTACHMENT—NOTES ON CLAUSES

 

This attachment explains the operation of individual provisions in the Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2021.

 

Section 1 – Name

 

This section provides that the name of the Ordinance is the Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2021 (the Ordinance).

 

Section 2 – Commencement

 

This section provides for the Ordinance to commence on the day after the Ordinance 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 the 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—Amendments

 

Norfolk Island Applied Laws Ordinance 2016

 

Item 1—Paragraph 1(1)(b) of Schedule 1

 

Item 1 amends paragraph 1(1)(b) of Schedule 1 to the Norfolk Island Applied Laws Ordinance 2016 (the Applied Laws Ordinance) to omit reference to “1 July 2021” and substitute “1 July 2023”. This has the effect of extending the suspension of the operation of the legislation of New South Wales (NSW laws) in Norfolk Island for a further two years to 1 July 2023.

 

Schedule 1 does not prevent the operation of specific NSW laws from being unsuspended earlier than 1 July 2023 by subsequent amendments to the Applied Laws Ordinance.

 

Overview

The Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2021 was enacted to address the ongoing governance and legislative needs of Norfolk Island, specifically by extending the suspension of the majority of New South Wales laws applicable to the island. This legislative instrument was made under the Norfolk Island Act 1979, which provides the framework for Norfolk Island’s governance. The primary objective of this Ordinance is to maintain the existing arrangements for the provision of state-type services in Norfolk Island and to allow additional time to negotiate a new service delivery partnership. By amending the Norfolk Island Applied Laws Ordinance 2016, the Ordinance extends the suspension period of NSW laws from 1 July 2021 to 1 July 2023, ensuring continuity in the delivery of essential services such as local government, health, and education. The decision to suspend these laws was made to provide stability while new service delivery arrangements are being established.

Scope and Application

The Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2021 amends the Norfolk Island Applied Laws Ordinance 2016 to extend the suspension of the majority of New South Wales laws in Norfolk Island for a further two years until 1 July 2023. This legislation applies to Norfolk Island, a territory under the governance of the Norfolk Island Act 1979, and specifically targets the laws applied from New South Wales that have been suspended until 1 July 2021. By extending the suspension period, the Ordinance aims to maintain existing arrangements for the provision of state-type services and provide additional time for an agreement to be reached with a new service delivery partner. The Ordinance is compatible with human rights as it does not raise any human rights issues. The Ordinance does not require consultation as it maintains the existing legislative framework in Norfolk Island and does not make any changes to current arrangements. The Ordinance is a legislative instrument under the Legislation Act 2003 and commences the day after registration on the Federal Register of Legislation.

Key Provisions

The Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2021 (Ordinance) amends the Norfolk Island Applied Laws Ordinance 2016 (Applied Laws Ordinance) to extend the suspension of the majority of New South Wales (NSW) laws in Norfolk Island for an additional two years until 1 July 2023 (Section 4, Schedule 1, Item 1). This means that, while some NSW laws continue to operate in Norfolk Island to support essential services such as local government, health, and education, the broader application of NSW laws will remain suspended (Section 4, Schedule 1, Item 1). This extension provides additional time to negotiate a new service delivery agreement. The Ordinance imposes no new obligations on the parties or entities it governs, as it simply extends an existing suspension of laws. However, it does clarify the continued applicability of certain NSW laws to Norfolk Island, ensuring that essential services can continue uninterrupted (Section 4, Schedule 1, Item 1). The Ordinance also maintains the existing legislative framework and does not introduce any new requirements or duties. There are no offences, penalties, or civil/criminal consequences specified for breaches of the Ordinance itself, as it is primarily an administrative measure to extend a suspension period. However, any actions taken under the suspended NSW laws that might otherwise be unlawful would still be subject to the penalties and consequences provided by those laws. The Ordinance’s focus is on maintaining the current legislative status quo until a new service delivery agreement can be established.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.