Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2023

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

Legislation au F2023L00869 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Minister for Regional Development, Local Government and Territories

 

Norfolk Island Applied Laws Ordinance 2016

 

Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2023

 

Authority

 

The Norfolk Island Act 1979 (the Act) provides for the governance of the Territory of Norfolk Island. Section 19A of the 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 2023 (the Ordinance) is made under section 19A of the Act.

 

Purpose and operation

 

Subsection 18A(1) of the Act provides that the laws in force in New South Wales (NSW) are in force on Norfolk Island (known as ‘applied laws’). Subsection 18A(2) provides that an applied law may be incorporated, amended or repealed under an ordinance made under section 19A of the Act. Subsection 18A(3) provides that a section 19A ordinance may also suspend the operation of an applied law for such period as is specified in the ordinance.

 

The Norfolk Island Applied Laws Ordinance 2016 (the NSW Applied Laws Ordinance) temporarily suspends the application of the majority of applied NSW laws. This was initially intended to allow a gradual transition towards NSW applied laws and service delivery on Norfolk Island, following the end of self-government in 2015. The NSW Government has since withdrawn from service delivery on Norfolk Island in 2021.

 

On 26 October 2021, the Australian and Queensland governments signed the Intergovernmental Partnership Agreement on State Service Delivery to Norfolk Island (IGA). The IGA facilitated the transfer of responsibility for health and education service provision from NSW to Queensland from 1 January 2022.

 

The suspension of NSW applied laws ceases on 1 July 2023. It was previously extended in 2021 to allow for a gradual transition to Queensland service delivery. The Ordinance amends the NSW Applied Laws Ordinance to further suspend the operation of the majority of NSW laws in Norfolk Island until 31 December 2026.

 

This revised date aligns with the expiry of the suspension of Queensland applied laws under the Norfolk Island Applied Laws and Service Delivery (Queensland) Ordinance 2021 (the Queensland Applied Laws Ordinance). The alignment of the suspension dates will enable the concurrent review of the applied laws ordinances, based on progress in establishing service delivery arrangements with Queensland as principal provider of state services to Norfolk Island.

 


Consultation

 

As the outcomes of the Ordinance are machinery in nature and a continuation of arrangements introduced by the NSW Applied Laws Ordinance, public consultation was not undertaken.

 

On the basis the Ordinance is unlikely to have a more than minor impact, the Office of Impact Analysis do not consider a Regulatory Impact Analysis is required (OIA23-05022).

 

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 2023

 

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

 

While some New South Wales (NSW) laws operate in Norfolk Island to support the delivery of state-like services (including local government, health and education services), the operation of the majority of NSW laws has been suspended until 1 July 2023.

 

This Ordinance amends the Norfolk Island Applied Laws Ordinance 2016 to further suspend the operation of the majority of NSW laws in Norfolk Island until 31 December 2026. This revised date aligns with the expiry of the suspension of Queensland laws under the Norfolk Island Applied Laws and Service Delivery (Queensland) Ordinance 2021. The alignment of the suspension dates will enable the concurrent review of the applied laws ordinances, based on progress in establishing service delivery arrangements with Queensland as principal state service provider.

 

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.

 

Minister for Regional Development, Local Government and Territories

 

 

The Hon Kristy McBain MP

ATTACHMENT—NOTES ON CLAUSES

 

This attachment explains the operation of individual provisions in the Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2023.

 

Section 1 – Name

 

This section provides that the name of the Ordinance is the Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2023 (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 to extend the suspension of New South Wales applied laws from 1 July 2023 to 31 December 2026 (an extension of three years and six months).

 

Overview

The Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2023, enacted to address the ongoing governance and service delivery needs of Norfolk Island following the end of its self-governing status in 2015, extends the suspension period for the majority of New South Wales laws that were temporarily applied to Norfolk Island. This Ordinance, made under section 19A of the Norfolk Island Act 1979, aims to facilitate a smoother transition to Queensland's provision of state services to Norfolk Island, as agreed upon in the Intergovernmental Partnership Agreement on State Service Delivery to Norfolk Island signed by the Australian and Queensland governments. By amending the Norfolk Island Applied Laws Ordinance 2016, the Ordinance further suspends the operation of most New South Wales laws until 31 December 2026, aligning this period with the suspension of Queensland laws under the Norfolk Island Applied Laws and Service Delivery (Queensland) Ordinance 2021, thereby enabling a concurrent review of the applied laws ordinances. The Ordinance was developed without public consultation as its outcomes pertain to administrative machinery, continuing arrangements established by the New South Wales Applied Laws Ordinance. The Office of Impact Analysis determined that a Regulatory Impact Analysis was unnecessary due to the minor expected impact of the Ordinance. Additionally, it has been affirmed that the Ordinance is compatible with human rights, as it does not engage any applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011. The Ordinance will come into effect the day following its registration on the Federal Register of Legislation.

Scope and Application

The Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2023 amends the Norfolk Island Applied Laws Ordinance 2016, extending the suspension of the majority of New South Wales laws that are applied in Norfolk Island. Under the original ordinance, the suspension was set to end on 1 July 2023, but this new ordinance pushes the date to 31 December 2026, aligning it with the expiry of the suspension of Queensland applied laws. This extension is made under the authority of section 19A of the Norfolk Island Act 1979, which allows the Governor-General to make ordinances for the peace, order, and good government of Norfolk Island. The amendment aims to facilitate the transition to Queensland service delivery, allowing for a concurrent review of the applied laws ordinances based on the progress in establishing service delivery arrangements with Queensland as the principal provider of state services to Norfolk Island. The Ordinance applies to the Territory of Norfolk Island and affects the application of New South Wales laws within that jurisdiction, effectively suspending their operation until the new date specified. This legislative action is a continuation of the machinery arrangements initially introduced by the NSW Applied Laws Ordinance, and no public consultation was deemed necessary given the nature of the changes.

Key Provisions

The Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2023 (section 1) specifies that the name of the Ordinance is the Norfolk Island Applied Laws Amendment (Suspension) Ordinance 2023. The Ordinance (section 2) commences on the day after it is registered on the Federal Register of Legislation. The authority for the Ordinance is provided by section 19A of the Norfolk Island Act 1979 (section 3). The Ordinance amends the Norfolk Island Applied Laws Ordinance 2016 (section 4), specifically extending the suspension of New South Wales (NSW) applied laws from 1 July 2023 to 31 December 2026 (Schedule 1, Item 1). The Ordinance imposes obligations on the parties and entities it governs by extending the suspension of the majority of NSW laws in Norfolk Island until 31 December 2026. This extension is intended to align with the expiry of the suspension of Queensland laws under the Norfolk Island Applied Laws and Service Delivery (Queensland) Ordinance 2021, enabling a concurrent review of the applied laws ordinances based on progress in establishing service delivery arrangements with Queensland as the principal state service provider. The alignment of the suspension dates is crucial for the smooth transition and continued operation of state-like services on Norfolk Island. The Ordinance does not explicitly outline specific offences, penalties, or civil/criminal consequences for breaches. However, any non-compliance with the provisions of the Ordinance could potentially lead to legal challenges or administrative actions as the Ordinance is a legislative instrument made under the Norfolk Island Act 1979. The penalties for breaches would depend on the specific laws that are being contravened under the suspended NSW applied laws. As the Ordinance aligns the suspension dates with Queensland’s service delivery arrangements, adherence to these timelines and the conditions set forth is critical to avoid any disruptions in the governance and service delivery on Norfolk Island.

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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.