Norfolk Island Appropriation Amendment (2016 Measures No. 2) Ordinance 2016

Overview

The Norfolk Island Appropriation Amendment (2016 Measures No. 2) Ordinance 2016 was enacted under the authority of the Minister for Territories, Local Government and Major Projects to amend the Norfolk Island Appropriation Ordinance 2015-2016. This amendment was necessitated by the need for the Administration of Norfolk Island to adjust appropriation amounts for the remainder of the financial year. The Ordinance was issued pursuant to 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 primary objective of this Ordinance is to provide the necessary adjustments to appropriation amounts, ensuring that expenditures from the Public Account of Norfolk Island remain compliant with the requirements outlined in subsection 48(1) of the Norfolk Island Act. Given the nature of the adjustments being largely administrative, public consultation was deemed unnecessary. Additionally, the Ordinance has been assessed for compatibility with human rights, and it has been determined that it does not engage any applicable rights or freedoms, thereby remaining consistent with the human rights and freedoms recognised in relevant international instruments.

Scope and Application

The Norfolk Island Appropriation Amendment (2016 Measures No. 2) Ordinance 2016 amends the appropriation amounts outlined in the Norfolk Island Appropriation Ordinance 2015-2016, thereby adjusting the financial allocations for the Administration of Norfolk Island for the remainder of the current financial year. This Ordinance is made under section 19A of the Norfolk Island Act 1979, which allows for the creation of Ordinances for the governance of Norfolk Island. The purpose of this specific Ordinance is to provide the necessary financial adjustments to the appropriations, ensuring that the Administration can expend money in accordance with the new appropriation amounts set out in the amended Schedule 1, until the end of the financial year on 30 June 2016. The amendment follows the legislative framework established by the Norfolk Island Legislation Amendment Act 2015 and is designed to meet the financial requirements of the territory as authorised by subsection 48(1) of the Norfolk Island Act.

Key Provisions

The Norfolk Island Appropriation Amendment (2016 Measures No. 2) Ordinance 2016 (referred to as the Ordinance) amends the Norfolk Island Appropriation Ordinance 2015-2016 by replacing Schedule 1, which details the appropriation amounts for the financial year. Specifically, Section 4 of the Ordinance provides the Administration with the authority to expend money from the Public Account of Norfolk Island, in accordance with the appropriation amounts specified in Schedule 1, from the day after the Ordinance is registered until 30 June 2016 (Section 4). This authority is granted under 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 (Section 3). The preparation of an annual budget is a requirement under Section 48A of the Norfolk Island Act, and this budget must specify the purposes for which money can be expended. The obligations imposed by the Ordinance on the Administration of Norfolk Island are primarily financial. They must ensure that all expenditures are authorised by appropriation and comply with the amounts set out in Schedule 1. This requirement is derived from Section 48(1) of the Norfolk Island Act, which mandates that money in the Public Account can only be expended if authorised by appropriation. The Administration must also adhere to the annual budget requirements outlined in Section 48A of the Norfolk Island Act, ensuring that all expenditures are within the approved appropriation amounts and for the purposes specified in Schedule 1. Breaches of the requirements set out in the Ordinance can lead to significant consequences. Under Section 48(1) of the Norfolk Island Act, any expenditure not authorised by appropriation is unlawful, and those responsible may face penalties. While the Ordinance does not specify maximum penalties, unauthorised expenditure could result in financial mismanagement charges, which may lead to criminal or civil proceedings. Additionally, failure to comply with the budgetary requirements could result in legal action or disciplinary measures against the Administration for mismanagement of public funds. The compatibility statement indicates that the Ordinance does not engage any applicable rights or freedoms, reinforcing that the Ordinance is designed to ensure proper financial governance rather than infringe on human rights.