Norfolk Island Appropriation Amendment (2016 Measures No. 1) Ordinance 2016

Overview

The Norfolk Island Appropriation Amendment (2016 Measures No. 1) Ordinance 2016 was enacted to address the need for financial adjustments for the Administration of Norfolk Island during the latter part of the 2015-2016 financial year. This Ordinance was issued under the authority of the Minister for Territories, Local Government and Major Projects, pursuant to section 19A of the Norfolk Island Act 1979. The objective of the Ordinance is to amend the Norfolk Island Appropriation Ordinance 2015-2016 by repealing its Schedule 1 and substituting it with a new schedule to provide the necessary appropriation adjustments. The Ordinance ensures that any expenditure from the Public Account of Norfolk Island is consistent with the requirements outlined in the Norfolk Island Act 1979 and facilitates the necessary budgetary changes for the remainder of the financial year. This amendment was deemed necessary without public consultation, given its largely administrative nature, and has been confirmed as compatible with human rights under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Norfolk Island Appropriation Amendment (2016 Measures No. 1) Ordinance 2016 applies to the Administration of Norfolk Island, which is the governing body responsible for the island's financial management. The Ordinance is made under section 19A of the Norfolk Island Act 1979, which empowers the Governor-General to create ordinances for the peace, order, and good governance of Norfolk Island. It specifically amends the Norfolk Island Appropriation Ordinance 2015-2016 by replacing Schedule 1, thereby adjusting appropriation amounts for the remainder of the financial year. The Ordinance is designed to ensure that all expenditures from the Public Account of Norfolk Island are in compliance with the requirements of subsection 48(1) of the Norfolk Island Act 1979. The geographic scope of the Ordinance is confined to Norfolk Island, and it does not extend beyond this jurisdiction. The changes made by the Ordinance do not engage any human rights or freedoms as outlined in the international instruments listed in the Human Rights (Parliamentary Scrutiny) Act 2011, ensuring compatibility with human rights. The Ordinance comes into effect the day after its registration, as specified in Section 2, and its application is limited to the financial period ending on 30 June 2016, as detailed in Schedule 1.

Key Provisions

The Norfolk Island Appropriation Amendment (2016 Measures No. 1) Ordinance 2016 (Ordinance) introduces amendments to the appropriation amounts for the Administration of Norfolk Island for the remainder of the 2015-2016 financial year. This is achieved by repealing and substituting the original appropriation schedule of the Norfolk Island Appropriation Ordinance 2015-2016 (Principal Ordinance). The Ordinance's primary objective is to ensure that the Administration can legally expend funds according to the new appropriation amounts outlined in the revised Schedule 1, which comes into effect from the day after the Ordinance is registered and concludes on 30 June 2016. This legal framework is essential for maintaining fiscal discipline and ensuring that public funds are used appropriately and in line with legislative mandates. The Ordinance imposes specific obligations on the Administration of Norfolk Island, primarily concerning the expenditure of funds from the Public Account of Norfolk Island. It mandates that any expenditure must strictly adhere to the appropriation amounts specified in Schedule 1 of the Ordinance. This is a crucial requirement under subsection 48(1) of the Norfolk Island Act 1979, which stipulates that money in the Public Account can only be expended if authorised by appropriation. The Administration must ensure that all financial transactions comply with these legislative provisions to avoid any legal or financial repercussions. Additionally, the preparation of an annual budget, as required by section 48A of the Norfolk Island Act 1979, is integral to the administration's duties under this Ordinance. Breaching the provisions of the Ordinance can result in significant consequences. Specifically, any expenditure not authorised by the appropriation amounts in Schedule 1 could be considered unlawful. While the Ordinance itself does not explicitly outline penalties for breaches, the underlying legislation, namely the Norfolk Island Act 1979, might impose penalties for non-compliance. Such penalties could include financial sanctions, legal action, or other corrective measures deemed necessary by the authorities. The seriousness of these consequences underscores the importance of adhering to the appropriations specified in the Ordinance to maintain legal and financial integrity.