EXPLANATORY STATEMENT
Ordinance No. 7, 2015
Issued by the authority of the Assistant Minister for Infrastructure and Regional Development
Norfolk Island Act 1979
Norfolk Island Standard Time Ordinance 2015
Norfolk Island Continued Laws Amendment (Standard Time) Ordinance 2015
The Norfolk Island Act 1979 provides for the Government of the Territory. It defines the roles, responsibilities and powers of the Governor‑General, the responsible Commonwealth Minister, the Administrator of Norfolk Island, and the Executive Director of Norfolk Island. The Act also establishes the Norfolk Island Advisory Council which has the role of advising the Administrator of Norfolk Island on matters affecting the Territory.
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 two Ordinances set back the time zone on Norfolk Island by 30 minutes. The change will align Norfolk Island with the Australian Eastern Daylight Time and will be one hour ahead of Australian Eastern Standard Time.
The Norfolk Island Standard Time Ordinance 2015 sets the Standard Time for Norfolk Island from Co-ordinated Universal Time (UTC) +11.5 to UTC +11.
The Norfolk Island Continued Laws Amendment (Standard Time) Ordinance 2015 amends the Norfolk Island Continued Laws Amendment Ordinance 2015 to repeal the Standard Time and Daylight Saving Act 1974 (NI); the previous time setting enactment for Norfolk Island. This Ordinance amends the title of the Norfolk Island Continued Laws Amendment Ordinance 2015 to Norfolk Island Continued Laws Ordinance 2015 to better match naming conventions.
The Ordinances provide benefits for the local business community by aligning Norfolk Island with its major trading and tourism markets on the east coast of Australia. UTC +11.5 is a unique time zone and the change to UTC +11 resolves technical issues with electronic equipment experienced by people living on Norfolk Island. The UTC +11 is also a more geographically appropriate time zone for Norfolk Island.
The Norfolk Island Government consulted the community on setting back the time zone on Norfolk Island by 30 minutes in March 2015. As a result of these consultations the Norfolk Island Legislative Assembly passed the Standard Time Bill 2015 (NI) (the Bill) on 15 April 2015. The Bill did not receive Royal Assent prior to the commencement of new governance arrangements implemented by the Norfolk Island Legislation Amendment Act 2015 and as a result it lapsed. The Administrator of Norfolk Island subsequently consulted with the Norfolk Island Advisory Council and has advised there remains significant support for the change.
Details of the Ordinances are set out in Attachment B.
Both Ordinances commence at 12.30 am (by legal time in New South Wales) on 4 October 2015 to coincide with the commencement of daylight saving on the east coast of Australia.
The Ordinances are legislative instruments for the purposes of the Legislative Instruments Act 2003.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Norfolk Island Standard Time Ordinance 2015
Norfolk Island Continued Laws Amendment (Standard Time) Ordinance 2015
These Legislative Instruments are 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 Instruments
The Legislative Instruments set back the time zone on Norfolk Island by 30 minutes. This change will align Norfolk Island with the Australian Eastern Daylight Time and be one hour ahead of Australian Eastern Standard Time at all other times.
The Ordinances provide benefits for the local business community by aligning Norfolk Island with its major trading and tourism markets on the east coast of Australia. UTC +11.5 is a unique time zone and the change to UTC +11 will resolve technical issues with electronic equipment experienced by people living on Norfolk Island. The UTC +11 is also a more geographically appropriate time zone for Norfolk Island.
Human rights implications
These Legislative Instruments do not engage any of the applicable rights or freedoms.
Conclusion
These Legislative Instruments are compatible with human rights as they do not raise any human rights issues.
Assistant Minister for Infrastructure and Regional Development, the Hon Jamie Briggs MP
ATTACHMENT B
Details of the Norfolk Island Standard Time Ordinance 2015
Section 1
This is the formal section providing the title of the Ordinance.
Section 2
This section provides that the Ordinance commences at 12.30 am (by legal time in New South Wales) on 4 October 2015.
Section 3
This section cites the Act granting authority to make the Ordinance.
Section 4
This section provides the definitions of terms used in the Ordinance.
Section 5
This section provides that the Acts Interpretation Act 1901 does not apply to the Ordinance.
Section 6
This section provides that the standard time on Norfolk Island is 11 hours in advance of Co-ordinated Universal Time.
Section 7
This section provides that an expression of time in any legal instrument or undertaking is to be referenced to section 6 of this Ordinance.
Details of the Norfolk Island Continued Laws Amendment (Standard Time) Ordinance 2015
Section 1
This is the formal section providing the title of the Ordinance.
Section 2
This section provides that the Ordinance commences at the same time as the Norfolk Island Standard Time Ordinance 2015.
Section 3
This section cites the Act granting authority to make the Ordinance.
Section 4
This section provides that instruments in a Schedule to the Ordinance are amended or repealed in accordance to the provisions in that Schedule.
Schedule 1 – Amendments to the Norfolk Island Continued Laws Amendment Ordinance 2015
Item [1]
This item repeals section 1 and substitutes a new section 1 amending the name of the Ordinance to: Norfolk Island Continued Laws Ordinance 2015.
Item [2]
This item amends item 190 reflect the new name.
Item [3]
This item inserts the Standard Time and Daylight Savings Act 1974 (NI) to the list of repealed Acts in Schedule 2, part 1 of the Norfolk Island Continued Laws Ordinance 2015.