Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018

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 Act 1979

Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018

Authority

The Norfolk Island Act 1979 (the Act) provides for the government 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 the Territory of Norfolk Island.

Subsection 17(3) of the Act provides that a section 19A Ordinance may amend laws continued in force by section 16 or 16A of the Act (continued laws).

The Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018 (the Ordinance) is made under section 19A of the Act. The Ordinance amends the Norfolk Island Continued Laws Ordinance 2015 (the Principal Ordinance) with the effect of amending a number of continued laws.

Purpose and operation

By virtue of item 5 of Part 2 of Schedule 1 to the Interpretation Act 1979 (NI) a number of provisions in a range of continued laws presently provide that the Commonwealth Minister may appoint or authorise a range of statutory offices. The Minister presently delegates these functions to the Administrator and other Commonwealth officials pursuant to item 10 of Part 2 of Schedule 1 to the Interpretation Act 1979 (NI).

Many of these statutory office holders are employees of the Norfolk Island Regional Council (NIRC), which is the body responsible for the delivery of a range of local government and state-type services on Norfolk Island. After reviewing these provisions, and consulting with NIRC, it has been decided that a number of these positions are more appropriately appointed by the General Manager of NIRC. Other positions will be made ex officio positions in circumstances where the relevant officer has already been appointed to another statutory position (for example, as a Norfolk Island police officer). A number of other functions currently exercised by the Minister under these continued laws are also more appropriately dealt with by the General Manager on behalf of NIRC.

Accordingly, the Ordinance will amend a number of continued laws to give the General Manager the power to appoint or authorise a range of statutory offices. The Ordinance does this by substituting the present references to the Administrator or the Minister with a reference to the ‘Chief Executive Officer’. By virtue of subsection 12(2) of the Interpretation Act 1979 (NI) any reference to the ‘Chief Executive Officer’ in an enactment (which includes a continued law) means the General Manager of NIRC.

Other amendments will confer other functions currently exercised by the Administrator or the Minister upon the General Manager and abolish a number of boards and committees and confer their residual functions upon the General Manager. The Ordinance will also make some technical amendments and give NIRC greater flexibility with respect to the security deposits it may require of aircraft operators who use Norfolk Island Airport. The boards and committees being abolished are either non-functional or their abolition will improve the efficiency of existing decision making processes under continued laws.

The Ordinance will also make a number of amendments to the continued laws dealing with the fuel and waste management levies presently imposed in Norfolk Island. The changes to these levies have been made at the request of NIRC and are consistent with the proposed fees and charges in the schedule of fees and charges contained in its 2018-19 Operational Plan. This draft Operational Plan was subject to formal community consultation on Norfolk Island before adoption by NIRC. The increases in these levies are intended to cover the operational costs of NIRC, including the provision of roads maintenance and capital investment and its waste management services.

Consultation

The General Manager and executive team of NIRC have been consulted to ensure that the proposed changes are appropriate and also fall within the scope of NIRC’s responsibilities. The Australian Federal Police, who provide policing services in Norfolk Island, have also been consulted.

Details of the Ordinance are set out in the Attachment.

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

The Ordinance commences the later of the start of the day after this Ordinance is registered; and immediately after the commencement of the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018.

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018

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 Legislative Instrument

The Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018 (the Ordinance) amends a number of Norfolk Island continued laws to give the General Manager of the Norfolk Island Regional Council (NIRC) the power to appoint or authorise a range of statutory offices.

Other amendments will confer other functions currently exercised by the Administrator or the Minister upon the General Manager and abolish a number of boards and committees and confer their residual functions upon the General Manager. The Ordinance will also make some technical amendments and give NIRC greater flexibility with respect to the security deposits it may require of aircraft operators who use Norfolk Island Airport. The boards and committees being abolished are either non-functional or their abolition will improve the efficiency of existing decision making processes under continued laws.

The Ordinance will also make a number of amendments to the continued laws dealing with the fuel and waste management levies presently imposed in Norfolk Island. The changes to these levies have been made at the request of NIRC and are consistent with the proposed fees and charges in the schedule of fees and charges contained in its 2018-19 Operational Plan. This draft Operational Plan was subject to formal community consultation on Norfolk Island before adoption by NIRC. The increases in these levies are intended to cover the operational costs of NIRC, including the provision of roads maintenance and capital investment and its waste management services.

Human rights implications

This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Disallowable Legislative Instrument 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 Sussan Ley MP

ATTACHMENT

Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018

Section 1 – Name

This section provides that the title of the Ordinance is the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018.

Section 2 – Commencement

This section provides for the Ordinance to commence the later of the start of the day after this Ordinance is registered; and immediately after the commencement of the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018. This is to provide that the Ordinance will not commence before the commencement of the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018 to allow for sequential numbering in the Norfolk Island Continued Laws Ordinance 2015.

Section 3 – Authority

This section provides that the Ordinance is made under section 19A of the Norfolk Island Act 1979 (the Act).

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 terms 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 Continued Laws Ordinance 2015

Item 1 – After item 1C of Schedule 1

This item inserts new provisions into Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 (the Principal Ordinance) which in turn make amendments to the Administration Act 1936 (NI) (the Administration Act).

New items 1D and 1E amend section 8 of the Administration Act, which deals with the establishment of gaols and the appointment of gaolers in Norfolk Island.

The effect of these amendments is to provide that a person who is appointed as a member of the Norfolk Island police force is also a gaoler for the purposes of the Administration Act. Section 8 of the Administration Act, as amended, will still provide for the separate appointment of other persons as gaolers, and for their suspension or removal, as necessary.

Item 2 – Before item 1 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Administration and Probate Act 2006 (NI) (the Administration and Probate Act).

New items 1F and 1G amend section 5 of the Administration and Probate Act, which deals with the curator and deputy curator of deceased estates.

The effect of these amendments is to provide that it is no longer a requirement for the curator of deceased estates to be a public sector employee qualified for admission to practice as a legal practitioner in Norfolk Island or a state or territory. The requirement for the curator of deceased estates to be a qualified legal practitioner is unnecessarily restrictive.

Item 3 – After item 2B of Schedule 1

This item inserts a new item into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Airport Act 1991 (NI) (the Airport Act).

New item 2BA repeals subsections 3(5) to (7) of the Airport Act and inserts new subsections 3(5) and (6) into this Act. The effect of these amendments is that the General Manager of the Norfolk Island Regional Council (NIRC) may enter an individual arrangement with an aircraft operator for the payment of a security deposit, which may take the form of a cash sum, a bank guarantee or other security, to be held by NIRC as security for the payment of airport fees and charges. The changes are intended to give NIRC greater flexibility regarding the management of the airport and the security deposit arrangements it may enter into with aircraft operators. New subsection 3(6) provides that the General Manager may refuse to allow an aircraft operator to land at the airport if the aircraft operator has not entered into such an arrangement.

Item 4 – Items 2D and 2E of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Airport Act.

New item 2D repeals section 3FA of the Airport Act, which presently provides that the General Manager of NIRC may delegate their powers or functions under this Act or the Regulations to an employee of NIRC. This provision is being repealed as the power of the General Manager to delegate their powers or functions under an enactment (which includes this continued law) will now be conferred under new section 12F of the Interpretation Act 1979 (NI), which is to be inserted into this latter Act by this Ordinance. The repeal of existing item 2E, which presently amends section 3FA of the Airport Act, is consequential to the repeal of this section.

Item 5 – Items 2H and 2J of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Airport Regulations 1992 (NI) (Airport Regulations).

New item 2H repeals regulation 3B which deals with security deposits. The repeal of this regulation is consequential to the amendment to section 3 of the Airport Act and the insertion of new provisions allowing the General Manager to enter into individual arrangements with an aircraft operator for the payment of a security deposit.

New item 2J repeals subregulation 4(3) of the Airport Regulations and is consequential to the repeal of regulation 3B.

Item 6 – Item 2R of Schedule 1

This item repeals and substitutes item 2R of Schedule 1 to the Principal Ordinance which in turn make amendments to the Airport Regulations and the Animals (Importation) Act 1983 (the Animals Importation Act).

New item 2R repeals table B of the Schedule to the Airport Regulations, which presently determines the sum payable as a security deposit by certain categories of aircraft operators. The repeal of this table is consequential to the amendment to section 3 of the Airport Act and the insertion of new provisions allowing the General Manager to enter into individual arrangements with an aircraft operator for the payment of a security deposit.

New item 2S amends section 5 of the Animals Importation Act, which deals with the appointment of inspectors for the purposes of this Act, by substituting the present reference to the Administrator with a reference to the ‘Chief Executive Officer’. The effect of this amendment is to provide that the General Manager of NIRC may, by written instrument, appoint inspectors for the purposes of the Animals Importation Act.

New item 2T amends section 11 of the Animals Importation Act, which deals with the Administrator’s powers of delegation under the Act, and is a consequential amendment to the amendment of section 5 effected by new item 2S.

Item 7 – Item 22 of Schedule 1

This item inserts new provisions into Schedule 1 to Principal Ordinance which in turn make amendments to the Apiaries Act 1935 (NI) (the Apiaries Act).

New item 21A continues the existing amendment of the definition of ‘territory instrumentality’ in section 18 of the Annual Reports Act 2004 by substituting a reference to ‘an Minister’ with ‘the Commonwealth Minister’.

New item 21B amends section 3 of the Apiaries Act, which deals with the appointment of inspectors for the purposes of this Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is to provide that the General Manager of NIRC may, by written instrument, appoint inspectors for the purposes of the Apiaries Act.

New item 21C amends a number of provisions of the Apiaries Act by substituting a number of exiting references to the Minister with a reference to the ‘Chief Executive Officer’. The effect of these amendments is to provide that the General Manager of NIRC may exercise a number of functions under the Apiaries Act which presently must be exercised by the Minister (or the Minister’s delegate).

Item 8 – Item 22A of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Associations Incorporation Act 2005 (NI) (the Associations Act).

New item 21D amends subsection 4(1) of the Associations Act, which deals with the appointment of the Registrar and the Assistant Registrar of Associations for the purposes of this Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is to provide that the General Manager of NIRC may, by written instrument, appoint a public sector employee to be the Registrar of Associations and such other employee to be Assistant Registrar of Associations as he or she thinks. By virtue of subsection 12(2) of the Interpretation Act 1979 (NI) any reference to a ‘public sector employee’ means an employee of the public service (excluding the General Manager), which includes employees of NIRC and employees of territory instrumentalities.

New item 21E amends a number of provisions of the Associations Act by substituting a number of exiting references to the Minister with a reference to the ‘Chief Executive Officer’. The effect of these amendments is to provide that the General Manager of NIRC may exercise a number of functions under the Associations Act which presently must be exercised by the Minister (or the Minister’s delegate).

Item 9 – After item 24AF of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Brands and Marks Act 2005 (NI) (the Brands and Marks Act).

New item 24AFA amends subsection 10(1) of the Brands and Marks Act, which deals with the appointment of inspectors for the purposes of this Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is to provide that the General Manager of NIRC may appoint, by written instrument, inspectors for the purposes of the Brands and Marks Act.

Item 10 – After item 24A of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Building Act 2002 (NI) (the Building Act).

New item 24AAA amends section 61 of the Building Act, which deals with the appointment of authorised officers for the purposes of this Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is to provide that the General Manager of NIRC may appoint, by written instrument, authorised officers for the purposes of the Building Act.

Item 11 – After item 42 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Companies Regulations 1986 (NI) (the Companies Regulations) and the Conveyancing Act 1913 (NI) (the Conveyancing Act).

New item 42A amends paragraph 44(a) of the Companies Regulations and is a consequential amendment arising from the amendments to the Administration Act 1936 (NI) dealing with the appointment of gaolers made by the Ordinance. The effect of this amendment is to provide that a person who is a gaoler for the purposes of the Administration Act 1936 (NI) is a prescribed authority for the purposes of subsection 282(3) of the Companies Act 1985 (NI).

New item 42B amends subsection 4(1) of the Conveyancing Act, by substituting the present reference to the Administrator with a reference to the ‘Chief Executive Officer’. The effect of this amendment is to provide that the General Manager of NIRC may approve forms dealing with the registration of dispositions of land.

Item 12 – After item 43A of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Coroners Act 1993 (NI) (the Coroners Act).

New item 43AA amends subsection 37(2) of the Coroners Act which deals with the fees paid to a medical practitioner who conducts a post-mortem examination in accordance with an order or at the request of the Coroner, by substituting the present reference to the ‘Minister determines’ with a reference to the ‘Coroner directs’. The effect of this amendment is to provide that a medical practitioner who conducts a post-mortem examination in accordance with an order or at the request of the Coroner shall be paid such fees as the Coroner directs.

Item 13 – After item 63 of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes a number of amendments to the Disaster and Emergency Management Act 2001 (NI) (the Disaster and Emergency Management Act).

New item 63A amends section 6 of the Disaster and Emergency Management Act, which deals with Emergency Management of Norfolk Island Committee by substituting a number of exiting references to the Minister with a reference to the ‘Chief Executive Officer’. The effect of these amendments is to provide that the General Manager of NIRC may exercise a number of functions under the Disaster and Emergency Management Act with respect to appointments to this Committee which presently must be exercised by the Minister (or the Minister’s delegate).

New item 63B amends subsection 8(1) of the Disaster and Emergency Management Act, which deals with the functions of the Emergency Management of Norfolk Island Committee by inserting two additional references to the ‘Chief Executive Officer’. The effect of these amendments is to provide that the functions of this Committee include advising the General Manager of NIRC on the same matters it presently advises the Minister.

New item 63C amends subsection 8(5) of the Disaster and Emergency Management Act, by substituting a reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment, reflecting the other amendments to this Act, is that if the Controller ceases to hold office for any reason he or she must surrender his or her statutory identification to the General Manager of NIRC rather than the Minister (or the Minister’s delegate).

Item 14 – After item 70 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Dogs Registration Act 1936 (NI) (the Dogs Registration Act).

New item 70A amends the definition of ‘approved’ in section 3 of the Dogs Registration Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is to provide that ‘approved’ for the purposes of the Dogs Registration Act means approved in writing by the General Manager of NIRC.

New item 70B amends section 4 of the Dogs Registration Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is to provide that ‘approved’ for the purposes of the Dogs Registration Act means approved in writing by the General Manager of NIRC.

New item 70C amends subsections 12A(1), (2) and (3) and 17A(2) and (6) of the Dogs Registration Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is to respectively provide that the General Manager of NIRC may appoint inspectors for the purposes of the Dogs Registration Act and also exercise the functions that the Minister (or the Minister’s delegate) presently exercise with respect to infringement notices.

Item 15 – After item 71 of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Dogs Registration Regulations 1994 (NI) (the Dogs Registration Regulations).

New item 71A amends subsection 3(1) of the Dogs Registration Regulations, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is to provide that for the purposes of subsection 13(3) of the Dogs Registration Act the General Manager of NIRC may by notice in the Gazette declare a place or places to be a prescribed place.

Item 16 – After item 72 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Electricity (Licensing and Registration) Act 1985 (NI) (the Electricity (Licensing and Registration) Act), the Electricity Supply Act 1985 (NI) (the Electricity Supply Act) and the Electricity Supply Regulations 1986 (the Electricity Supply Regulations).

New item 72A amends a number of provisions of the Electricity (Licensing and Registration) Act by substituting a number of exiting references to the Minister with a reference to the ‘Chief Executive Officer’. The effect of these amendments is to provide that the General Manager of NIRC may exercise a number of functions under the Electricity (Licensing and Registration) Act which presently must be exercised by the Minister (or the Minister’s delegate). These functions include dealing with the licensing or registration of electrical contractors or electrical mechanics under the Act and the appointment of the Registrar of Electrical Contractors and Electrical Mechanics.

New item 72B amends a number of provisions of the Electricity Supply Act by substituting a number of exiting references to the Minister with a reference to the ‘Chief Executive Officer’. The effect of these amendments is to provide that the General Manager of NIRC may exercise a number of functions under the Electricity Supply Act which presently must be exercised by the Minister (or the Minister’s delegate). These functions include the appointment of authorised officers, dealing with applications for the supply or generation of electricity and the construction of electrical installations and the determination of electricity charges.

New item 72C amends a number of provisions of the Electricity Supply Regulations by substituting a number of exiting references to the Minister with a reference to the ‘Chief Executive Officer’. The effect of these amendments is to provide that the General Manager of NIRC may exercise a number of functions under the Electricity Supply Regulations which presently must be exercised by the Minister (or the Minister’s delegate). These functions include the approval of the installation of solar energy generation facilities.

Item 17 – After item 75 of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Employment Act 1988 (NI) (the Employment Act).

New item 75A amends subsection 57(1) of the Employment Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is to provide that the General Manager of NIRC may, by instrument in writing published in the Gazette, appoint persons to be inspectors for the purposes of Part 4 of the Employment Act which deals with safe working practices.

Item 18 – Items 78 to 81 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Environment Act 1990 (NI) (the Environment Act) which have the effect of formally abolishing the non-functional Norfolk Island Planning Board and conferring its residual functions and those of the Minister upon the General Manager of NIRC.

New items 78, 79 and 80 make a number of amendments to section 8 of the Employment Act by repealing the redundant definitions of ‘Board’, ‘Chairman’, ‘member’ and ‘Secretary’ and inserting a new definition of ‘executive member’ to mean the ‘Chief Executive Officer’. The insertion of this new definition means that the General Manager of NIRC will be able to exercise the functions under the Environment Act which presently must be exercised by the Minister (or the Minister’s delegate).

New item 81 repeals Part 2 of the Environment Act which presently provides for the establishment and composition of the non-functional Norfolk Island Planning Board as well as its functions, powers and procedures. The repeal of Part 2 has the effect of formally abolishing the Norfolk Island Planning Board.

Item 19 – After item 82 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make a number of amendments to the Environment Act arising from the abolition of the non-functional Norfolk Island Planning Board and the conferral of its residual functions upon the General Manager of NIRC.

New items 82A, 82B, 82C, 82D, 82E and 82F make a number of amendments to section 25 of the Environment Act, to the effect that the General Manager of NIRC may exercise the functions presently exercised by the Norfolk Island Planning Board with respect to ‘ordinary applications’ and ‘extraordinary applications’ considered under this Act.

Item 20 – Items 83 and 84 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make two amendments to subsection 26(1) of the Environment Act.

New items 83 and 84 respectively amend subsection 26(1) of the Environment Act by omitting a redundant references to the Norfolk Island Planning Board and continuing to substitute a redundant reference to the former Norfolk Island Legislative Assembly with a reference to the ‘Commonwealth Minister’.

The effect of these amendments is that subsection 26(1) provides that where, in the opinion of the General Manager of NIRC, an application seeks approval of a proposal the scale or nature of which requires the preparation of an environmental impact statement, the General Manager may propose to the Minister that such a statement be prepared.

Item 21 – Item 85 of Schedule 1 (subsection (2))

This item amends item 85 of Schedule 1 to the Principal Ordinance which in turn makes an amendment to subsection 26(2) of Environment Act by substituting a reference to the ‘Board’ with a reference to ‘executive member’. This amendment is consequential to the amendments made to subsection 26(1) of the Environment Act by item 20 above. Subsection 26(2) of the Environment Act deals with the actions the Minister may take upon being satisfied that it is appropriate that an environmental impact statement be prepared in relation to an application made under the Act.

Item 22 – After item 86 of Schedule 1

This item inserts new items 86A, 86B and 86C into Schedule 1 to the Principal Ordinance which in turn make amendments to sections 27 and 28 of the Environment Act by omitting references to the Norfolk Island Planning Board and making some consequential amendments, including repealing subsection 28(2) which presently deals with the circumstances where the decision of the executive member as to an application differs from the recommendation of the Board.

Item 23 – After item 88 of Schedule 1

This item inserts new item 88A into Schedule 1 to the Principal Ordinance which in turn amends paragraph 128(1)(c) of the Environment Act by correcting a drafting mistake in this paragraph. The effect of this amendment is to clarify that Part 9 of this Act, which deals with the review of decisions by the Court of Petty Sessions, applies to any decision by the executive member under Parts 6, 7 or 8 to issue, or to include conditions in, a notice.

Item 24 – After item 97AAM of Schedule 1

This item inserts new items into Schedule 1 to the Principal Ordinance which in turn make amendments to the Fair Trading 1995 (NI) (the Fair Trading Act) and the Fencing Act 1913 (NI) (the Fencing Act).

New item 97AAN amends subsections 30(1) and 31(1) and (2) of the Fair Trading Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of this amendment is to provide that the General Manager of NIRC may appoint, in writing, a person to be an authorised officer for the purposes of the Fair Trading Act and issue the person a certificate of appointment. A person who ceases to be an authorised officer must return the certificate of appointment to the General Manager as soon as practicable.

New item 97AANA amends a number of provisions of the Fencing Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager will be able to exercise certain functions under the Fencing Act, including the appointment of authorised officers for the purposes of this Act, which presently must be exercised by the Minister (or the Minister’s delegate).

Item 25 – After item 97B of Schedule 1

This item inserts new items into Schedule 1 to the Principal Ordinance which in turn make amendments to the Fire Control Act 2000 (NI) (the Fire Control Act).

New item 97C repeals the definition of ‘approved’ in section 5 of the Fire Control Act and is a consequential amendment arising from the other amendments made to this Act by the Ordinance which confer functions currently exercised by the Minister upon the General Manager of NIRC.

New item 97D amends the definition of ‘authorised person’ in section 5 of the Fire Control Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. This is a consequential amendment to the amendment of section 17 providing that the General Manager of NIRC may, by written instrument, appoint a person to be an authorised person for the purposes of this Act.

New item 97E repeals the definitions of ‘Board’, ‘Chairperson’ and ‘member’ in section 5 of the Fire Control Act. The repeal of these definitions is consequential to the abolition of the Fire Advisory Board.

New item 97F substitutes a new heading to Part 2 of the Fire Control Act: ‘Chief Fire Control Officer, Fire Control Officers and authorised persons’. The substitution of this new heading is consequential to the abolition of the Fire Advisory Board.

New item 97G repeals sections 6 to 13 of the Fire Control Act: ‘Chief Fire Control Officer, Fire Control Officers and authorised persons’. These sections deal with the establishment and functions of the Fire Advisory Board and the repeal of these provisions will abolish the non-functional Fire Advisory Board.

New items 97H and 97J amend subsections 14(1) and 16(1) of the Fire Control Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that, respectively, the General Manager of NIRC may, by written instrument, appoint an officer or employee of NIRC to be the Chief Fire Control Officer and such number of Fire Control Officers as the General Manager thinks fit.

New item 97K amends subsections 16(3) and 16(4) of the Fire Control Act, by substituting the present references to the Minister with a reference to the ‘Chief Executive Officer’. These amendments are consequential to the amendments made by new items 97H and 97J dealing with the appointment of Fire Control Officers and have the effect that the General Manager of NIRC may exercise the powers currently exercised by the Minister (or the Minister’s delegate) with respect to the resignation or termination of a Fire Control Officer for misbehaviour or physical or mental incapacity.

New item 97L amends sections 17 of the Fire Control Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that the General Manager of NIRC may, by written instrument, appoint an authorised person for the purposes of this Act.

New item 97M amends subsection 18(1) of the Fire Control Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that the General Manager of NIRC must issue a certificate of identification to the Chief Fire Control Officer, each Fire Control Officer and each authorised person.

Item 26 – Before item 98 of Schedule 1

This item inserts a new item into Schedule 1 to the Principal Ordinance which in turn makes a number of amendments to the Fuel Levy Act 1987 (NI) (the Fuel Levy Act).

New item 97N amends subsection 8(1) of the Fuel Levy Act by substituting ‘25 cents’ for the present figure of ’20 cents’. The effect of the amendment is to increase to 25 cents per litre the fuel levy imposed on each litre of fuel drawn from an approved storage facility by a registered fuel importer. The levy has been increased at the request of NIRC and is consistent with the proposed fees and charges in the schedule of fees and charges contained in its 2018‑19 Operational Plan. This draft Operational Plan was subject to formal community consultation on Norfolk Island before adoption by NIRC. The levy increase is expected to obtain an additional $80,000 in revenue per annum for NIRC and is intended to ensure the costs associated with maintaining roads on Norfolk Island, including future capital investment such as the need for to replace culverts, are recovered from road users. Presently, the expenses of NIRC’s roads department is budgeted at $1.4 million per annum with $454,000 budgeted to replace culverts in the next year.

New item 97P inserts a new note at the end of the subsection 8(1) of the Fuel Levy Act noting that the amendment to this subsection by the Ordinance applies from 1 October 2018 (see new item 389 of Schedule 1 to the Principal Ordinance inserted by item 1 of Schedule 2 of the Ordinance).

New item 97Q amends subsection 10(1) of the Fuel Levy Act by substituting ‘25 cents’ for the present figure of ‘10 cents’. The effect of the amendment is to increase to 25 cents per litre the amount that the fuel levy can be passed on by registered fuel importers to the purchasers of fuel, where the fuel levy is payable. This amendment is consequential to the increase to the fuel levy effected by new item 97N.

New item 97R inserts a new note at the end of the subsection 10(1) of the Fuel Levy Act noting that the amendment to this subsection by the Ordinance applies from 1 October 2018 (see new item 390 of Schedule 1 to the Principal Ordinance inserted by item 1 of Schedule 2 of the Ordinance).

Item 27 – After item 98 of Schedule 1

This item inserts a new item into Schedule 1 to the Principal Ordinance which in turn makes a number of amendments to the Fuel Levy Act.

New item 98A amends a number of provisions of the Fuel Levy Act by substituting a number of exiting references to the Minister with a reference to the ‘Chief Executive Officer’. The effect of these amendments is to provide that the General Manager of the NIRC may exercise a number of functions under the Fuel Levy Act which presently must be exercised by the Minister (or the Minister’s delegate). These functions include the registration of fuel importers, the approval of a storage facility, the issue of exemption certificates, the approval of forms and the authorisation of persons to enter an approved storage facility.

Item 28 – At the end of item 167A of Schedule 1

This item inserts a new item into Schedule 1 to the Principal Ordinance which in turn inserts two new sections into the Interpretation Act 1979 (NI) (the Interpretation Act) dealing with the power of the NIRC and the General Manager of NIRC to delegate their functions, duties or powers under an enactment. The intention behind these amendments is to give the NIRC and the General Manager an equivalent power to delegate their functions, duties or powers under an enactment (which includes a continued law) as they presently have under the Local Government Act 1993 (NSW)(NI).

New section 12F of the Interpretation Act provides that NIRC may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the General Manager of NIRC. This item is based on s 377 of the Local Government Act 1993 (NSW)(NI) which provides the NIRC with an equivalent power of delegation with respect to its functions, duties or powers under this applied NSW law and other applied NSW laws.

New subsection 12G(1) of the Interpretation Act provides that the General Manager of NIRC may in writing, delegate to a public sector employee all or any of the General Manager’s functions, duties or powers under an enactment. Under s 12 of the Interpretation Act 1979 (NI) a ‘public sector employee’ relevantly means an employee in the public service (except the General Manager) which includes the employees of NIRC and any territory instrumentality.

New subsection 12G(2) of the Interpretation Act provides that the General Manager may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the General Manager by the NIRC.

New subsection 12G(3) of the Interpretation Act provides that section 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a subdelegation under subsection 12(2) in a corresponding way to the way in which they apply to a delegation. These sections of the Acts Interpretation Act 1901 contain general rules about the operation of delegations.

New subsection 12G(4) of the Interpretation Act provides that the General Manager of NIRC, before delegating or subdelegating a function, duty or power under subsections 12G(1) or (2), must have regard to whether the specified office or position referred to in the delegation is sufficiently senior to perform the function, exercise the power or discharge the duty or otherwise that the employee who is subject to the delegation has appropriate qualifications or expertise to perform the function, exercise the power or discharge the duty. The effect of this provision is to ensure that these delegated powers will only be delegated by the General Manager of NIRC to delegates who possess the appropriate qualifications or expertise. This requirement is consistent with the expectations of the Senate Standing Committee on Regulations and Ordinances in relation to delegation of statutory powers, namely that that a limit should be set in legislation on either the sorts of powers that might be delegated or on the categories of people to whom powers might be delegated.

New subsection 12G(5) of the Interpretation Act provides that in doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the General Manager of NIRC.

Item 29 – Item 194A of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Legal Aid Act 1995 (NI) (the Legal Aid Act).

New item 194A amends section 3 of the Legal Aid Act by repealing the redundant definitions of ‘Committee’, ‘member’ and ‘Public Service’. The repeal of the definitions of ‘Committee’ and ‘member’ are consequential to the abolition of the Legal Aid Advisory Committee.

Item 30 – After item 195 of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Legal Aid Act.

New item 195A repeals Part 2 of the Legal Aid Act. This part deals with the establishment and functions of the Legal Aid Advisory Committee and the repeal of these provisions will abolish the non-functional Committee.

New item 195B amends subsection 13(3) of the Legal Aid Act by omitting some references to the Legal Aid Advisory Committee. These references will become redundant with the abolition of this Committee.

Item 31 – Item 197A of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Legal Aid Act. These amendments are consequential amendments arising from the abolition of the Legal Aid Advisory Committee.

New item 197A repeals subsections 16(1) and (3) of the Legal Aid Act. These subsections confer functions upon the Legal Aid Advisory Committee and will become redundant with the abolition of this Committee.

New item 197AA amends subsection 16(4) of the Legal Aid Act and is a consequential amendment arising from the repeal of subsections 16(1) and (3).

New item 197AB amends subsection 16(6) of the Legal Aid Act by removing the requirement that the Minister must, when advising the applicant of his or her decision on an application for legal assistance, provide a copy of the short statement of reasons of the Legal Aid Advisory Committee in respect of the application.

New item 197AC repeals subsection 16(7) of the Legal Aid Act which presently requires the Minister who has refused an application for legal assistance or imposed conditions contrary or at variance with the advice of the Legal Aid Advisory Committee, to provide written reasons to the applicant for such refusal or variation.

New items 197AD and 197AE amend subsections 17(1) and (3) respectively by omitting some redundant references to the Legal Aid Advisory Committee.

New items 197AF and 197AG amend section 27 by removing some redundant references to the Legal Aid Advisory Committee. The effect of these amendments is that legal immunity, rather than being conferred upon members of the Board, is now conferred upon a person in relation to an act done or omitted to be done in good faith in the performance or purported performance of a function under this Act.

New items 197AH, 197AI and 197AJ amend section 28, which is a secrecy provision, by removing some redundant references to the Legal Aid Advisory Committee in subsection 28(1) and (2) and repealing subsection 28(3) which is a redundant provision dealing with the use of personal information contained in reports provided by the Committee to the Minister under s 31 of the Legal Aid Act.

New item 197AK amends paragraph 29(1)(b) of the Legal Aid Act by omitting a redundant reference to the Legal Aid Advisory Committee.

New item 197AL repeals section 31 of the Legal Aid Act which deals with the production of reports by the Legal Aid Advisory Committee.

Item 32 – After item 199 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Lighterage Act 1961 (NI) (the Lighterage Act).

New item 199A amends subsection 8(1) of the Lighterage Act, which deals with exclusion of liability under the Act, by substituting the present references to the Administration, the Administrator and the Minister with references to NIRC, the Commonwealth Minister, the Commonwealth or the General Manager of NIRC. This amendment reflects the changed arrangements regarding the administration of the Lighterage Act.

New item 199B amends a number of provisions of the Lighterage Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager will be able to exercise certain functions under the Lighterage Act, including the employment of persons considered necessary for the conduct and maintenance of the lighterage service.

Item 33 – Item 200AA of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Liquor Act 2005 (NI) (the Liquor Act).

New items 200AA, 200AB and 200AC amend subsection 4(1) of the Liquor Act, by reinserting the existing definition of ‘aircraft’, repealing the definitions of ‘Board’ and ‘member’ and reinserting the existing definition of the term ‘member of the crew’. The repeal of the definitions of ‘Board’ and ‘member’ is consequential to the abolition of the Liquor Licensing Board.

Item 34 – After item 200 of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Liquor Act.

New item 200AAA amends subsection 4(1) of the Liquor Act by amending the definition of ‘Registrar’. The effect of this amendment is that the term ‘Registrar’ for the purposes of the Liquor Act will no longer mean the ‘Registrar of the Liquor Licensing Board’ but the ‘Registrar of Liquor Licences’.

Item 35 – After item 200A of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn makes amendments to the Liquor Act. These amendments relate to the abolition of the Liquor Licensing Board and the conferral of its residual functions upon the General Manager of NIRC. Other amendments will allow inspectors to exercise the same statutory functions as the Chief Inspector under this Act. The Chief Inspector is the police officer-in-charge in Norfolk Island and allowing inspectors to exercise these functions will relieve the police officer-in-charge of some of the administrative burdens imposed by the Liquor Act.

New item 200B repeals section 6 of the Liquor Act which deals with the establishment and membership of the Liquor Licensing Board and the repeal of this provision will abolish the Board. The residual functions of the Board will be conferred upon the General Manager.

New items 200C, 200D and 200E amend section 7 of the Liquor Act, which deals with the functions and powers of the Liquor Licensing Board, by substituting a new heading to the section, ‘Standards’, repealing subsection 7(1) which deals with the functions of the Board, and substituting the present reference to the Board and the Minister in subsection 7(2) with a reference to the ‘Chief Executive Officer’. The effect of these amendments is that section 7 of the Liquor Board will provide that the General Manager of NIRC may issue directives concerning the standards that are expected of licensed premises in order that they comply with the policy of this Act, including a Licensing Standards Manual.

New item 200F repeals sections 8 to 12 of the Liquor Act which deal with the procedures of the Liquor Licensing Board and the repeal of these provisions is consequential to the abolition of the Board.

New items 200G, 200H, 200J, 200K and 200L amend section 13 of the Liquor Act, which deal with the appointment and functions of the Registrar of the Board. These amendments arise from this position being renamed the ‘Registrar of Liquor Licences’ and make some other consequential changes to the functions of the Registrar arising from the abolition of the Liquor Licensing Board and the conferral of its residual functions upon the General Manager of NIRC.

New items 200M, 200N, 200P and 200Q amend section 18 of the Liquor Act which deals with the report required to be prepared by the Chief Inspector with respect to an application for a liquor licence. The effect of these amendments is to allow an inspector, appointed under the Liquor Act, to also exercise this statutory function.

Item 36 – After item 201 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn makes amendments to the Liquor Act.

New items 201A-201P amend a number of provisions of the Liquor Act to the effect that an inspector, appointed under the Liquor Act, may also exercise the statutory functions which presently may only be exercised by the Chief Inspector and also make some consequential amendments arising from these changed arrangements. The provisions amended include those dealing with applications for the variation of a liquor licence, reports for transfers of licences, applications for the suspension or cancellation of licences and applications for the disqualification of a licensee or licensed premises.

New item 201Q amends subsection 38(1) of the Liquor Act by correcting a mistake in this provision and substituting the correct reference to the section of the Liquor Act (section 37) under which notice of applications are gazetted.

New items 201R and 201S respectively amend the heading of Division 1 of Part 4 of the Liquor Act, substituting ‘Inspection of premises’ for ‘Hearing procedures’, and repeal sections 39 to 43, the provisions dealing with the hearing procedures of the Board. These amendments are consequential to the abolition of the Liquor Licensing Board and that the only provision to remain in Division 1 of Part 4 after these amendments will be section 44 of the Liquor Act which deals with entry and inspection powers.

New items 201T and 201U amend subsection 44 of the Liquor Act, which deals with entry and inspection powers, by inserting new subsections which substitute the existing references to the Board with the General Manager and makes some consequential amendments, including clarifying the operation of the existing powers of entry and inspection which may be exercised by inspectors (new subsection 44(1A).

Item 37 – After item 202 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn makes amendments to the Liquor Act.

New item 202AA and 202AB respectively amend paragraphs 45(6)(d) and (e) of the Liquor Act by correcting mistakes in this paragraphs and substituting the correct references to the relevant subsections of the Liquor Act (subsections 18(2) and (4)) which deal with inspectors’ reports on applications for liquor licences.

New items 202AC and 202AF-202AL amend a number of provisions of the Liquor Act to the effect that an inspector, appointed under the Liquor Act, may also exercise the statutory functions which presently may only be exercised by the Chief Inspector and also make some consequential amendments arising from these changed arrangements.

New items 202AD and 202AE respectively amend paragraphs 50(1)(a) and (b) of the Liquor Act, which deal with the duration of licences, to remove some redundant references in these paragraph to meetings of the abolished Liquor Licensing Board. The amendments will determine the timing of liquor licences based on whether the licences are granted before 1 July in a year (in which case the licence will expire on 30 June in the next ensuing year) or granted on or after 1 July in a year (in which case the licence will expire on 30 June next occurring).

Item 38 – Item 202D of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn makes amendments to the Liquor Act and the Liquor Regulations 2006 (NI) (Liquor Regulations).

New item 202D amends the definition of ‘official’ in subsection 98(2) of the Liquor Act by removing a redundant reference to ‘a member of the Board’.

New item 202DA amends a number of provisions of the Liquor Act, by substituting the present references to the Board with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager of NIRC will be able to exercise a range of functions under the Liquor Act which presently are exercised by the Board, including the granting, renewal and variation of liquor licences.

New item 202DB amends the note to subsection 15(4) of the Liquor Regulations by inserting a reference to ‘an inspector’. This amendment is consequential to the amendments to the Liquor Act which allow inspectors to exercise the same statutory functions as the Chief Inspector under this Act.

New items 202DC and 202DD amend paragraph 21(c) of the Liquor Regulations by inserting references to the Chief Inspector. Section 21 of the Liquor Regulations deals with the refusal of service in a licensed premises and these amendments clarify that either the Chief Inspector, an inspector or the police may be notified in relation to this provision.

New item 202DE amends Form 1 in the Schedule to the Liquor Regulations by removing the reference to the abolished Liquor Licensing Board.

New item 202DF amends Form 8 in the Schedule to the Liquor Regulations by inserting a reference to an inspector. This amendment is consequential to the amendments to the Liquor Act which allow inspectors to exercise the same statutory functions as the Chief Inspector under this Act.

New item 202DG amends a number of provisions of the Liquor Regulations, by substituting the present references to the Board with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager will be able to exercise certain functions under the Liquor Regulations, including causing the preparation of the Licensing Standards Manual, which presently must be exercised by the Liquor Licensing Board.

Item 39 – After item 202EA of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Marine Safety Act 2013 (Marine Safety Act).

New item 202EB amends subsections 61(1) and 62(2) of the Marine Safety Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager of NIRC may, respectively, appoint an authorised person for the purposes of the marine legislation and approve the form of identity cards for such authorised persons.

Item 40 – After item 206AV of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Migratory Birds Act 1980 (NI) (Migratory Birds Act).

New item 206AW amends section 18 of the Migratory Birds Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that the General Manager of NIRC may, by instrument in writing, appoint a person to be an inspector for the purposes of this Act.

Item 41 – After item 209 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Norfolk Island National Park and Norfolk Island Botanic Garden Act 1984 (NI) (the Botanic Garden Act).

New items 209AA and 209AB amend, respectively, subsection 4(1) and section 7 of the Botanic Garden Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager of NIRC may, respectively, appoint persons to be officers for the purposes of this Act and the regulations and also appoint a person, a person included in a class of persons or a class of persons to be an approved person or class of persons for the purpose of this Act or the regulations.

Item 42 – After item 209A of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes amendments to the Noxious Weeds Act 1916 (NI) (the Noxious Weeds Act).

New item 209B amends a number of provisions of the Noxious Weeds Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager of NIRC will be able to exercise certain functions under the Noxious Weeds Act, including the issuing of notices to eradicate noxious weeds, which presently must be exercised by the Minister.

Item 43 – After item 210 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn makes amendments to the Pasturage and Enclosure Act 1949 (NI) (the Pasturage and Enclosure Act) and the Pasturage and Enclosure Regulations.

New item 210A amends subsection 9(3) of the Pasturage and Enclosure Act by substituting the present reference to the ‘executive member’ with a reference to the ‘Chief Executive Officer’. Subsection 9(3), as amended by the Ordinance, will provide that the General Manager of NIRC may permit a bull to be depastured on condition that the bull is identified to the General Manager’s satisfaction and subject to the supervision and control of NIRC for the period of it being depastured.

New item 210B amends a number of provisions of the Pasturage and Enclosure Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager will be able to exercise certain other functions under the Pasturage and Enclosure Act, including considering applications for rights of pasturage, which presently must be exercised by the Minister (or the Minister’s delegate).

New item 210C amends a number of provisions of the Pasturage and Enclosure Regulations, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager will be able to exercise certain functions under the Pasturage and Enclosure Regulations, including determining the places for the mustering of stock for inspection, which presently must be exercised by the Minister (or the Minister’s delegate).

Item 44 – After item 228 of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Planning Act 2002 (NI) (the Planning Act).

New item 228AA amends section 94 of the Planning Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that the General Manager of NIRC may, by instrument, appoint persons to be authorised officers for the purposes of this Act.

Item 45 – After item 232 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn makes amendments to the Plant and Fruit Diseases Act 1959 (NI) (the Plant and Fruit Diseases Act).

New item 232AE amends subsection 5(1) and (2) of the Plant and Fruit Diseases Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments, respectively, is that the General Manager of NIRC may, by instrument in writing, appoint a person to be an Inspector for the purposes of this Act and may also approve an Inspector employing such assistants as the Inspector deems necessary for carrying out the provisions of this Act.

New item 232AF amends subsection 19(1) of the Plant and Fruit Diseases Act, by substituting the first occurring reference in this subsection to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is, relevantly, that the General Manager of NIRC may authorise a person to seize any plants, fruit or pests imported in contravention of this Act.

Item 46 – After item 232B of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes amendments to the Pounds Act 1934 (NI) (the Pounds Act).

New item 232BA amends a number of provisions of the Pounds Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager of NIRC will be able to exercise certain functions under the Pounds Act, including authorising a person to act as a forest ranger and appointing a place as a pound and a poundkeeper for the pound, which presently must be exercised by the Minister.

Item 47 – Before item 274 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn makes amendments to the Public Reserves Act 1997 (NI) (the Public Reserves Act).

New item 272 amends subsection 10(1) of the Public Reserves Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that the General Manager of NIRC will be able to prepare a draft plan of management for a reserve as soon as practicable after the reserve has been declared.

New item 273 repeals subsection 10(2) of the Public Reserves Act. Subsection 10(2) is a transitional provision dealing with the commencement of Part 2 of the Public Reserves Act and is now spent.

Item 48 – After item 275 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn makes amendments to the Public Reserves Act.

New item 275A amends subsection 18(2) of the Public Reserves Act, by substituting the present reference to the Administrator with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that the General Manager of NIRC may appoint the Conservator of Public Reserves.

New item 275B amends paragraph 20(1)(c) of the Public Reserves Act, by substituting the present reference to the Administrator and the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that the functions of the Conservator of Public Reserves includes advising the General Manager of NIRC on matters relating to reserves.

New item 275C amends subsection 20(2) of the Public Reserves Act, by substituting the present reference to the Administrator with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that the General Manager of NIRC may give written directions, not inconsistent with a plan of management, to the Conservator of Public Reserves.

Item 49 – After item 276 of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes amendments to the Public Reserves Act.

New item 277 amends a number of provisions of the Public Reserves Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager of the NIRC will be able to exercise certain functions under the Public Reserves Act which presently must be exercised by the Minister, including undertaking public consultation on a draft plan of management, preparing draft variations to a plan of management and appointing rangers for the purposes of this Act.

Item 50 – After item 294A of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Roads Act 2002 (NI) (the Roads Act), the Sale of Food Act 1950 (NI) (the Sale of Food Act) and the Sale of Food (Eating Houses) Regulations (NI) (the Sale of Food (Eating Houses) Regulations).

New item 294C amends section 32 of the Roads Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that the General Manager of NIRC may, by written instrument, appoint persons to be authorised officers for the purposes of this Act.

New item 294D amends paragraph 4(a) of the Sale of Food Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that applications for a licence, or for the renewal of a licence, issued under this Act may be made in writing to the General Manager of NIRC.

New item 294E amends subsections 5(1) and (2) and 8(1) of the Sale of Food Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is, respectively, that the General Manager of NIRC, or a person authorised in writing by the General Manager, may grant or renew a licence under this Act and that the General Manager may appoint a person to be an inspector for the purposes of this Act.

New item 294F amends Form B in the Schedule to the Sale of Food Act, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. This amendment is consequential to the amendment made to subsection 5(1) of this Act by new item 294E.

New item 294G amends the definition of ‘inspector’ in subregulation 2(1) of the Sale of Food (Eating Houses) Regulations, by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. This amendment is consequential to the amendments made to the Sale of Food Act substituting the references to the Minister in this Act with ‘Chief Executive Officer’.

New item 294H inserts a new definition of ‘registered medical practitioner’ into subregulation 2(1) of the Sale of Food (Eating Houses) Regulations. The new definition provides that for the purpose of these regulations this expression has the same meaning as in the Health Practitioners Act 1983 (NI). This amendment is consequential to the amendments made to regulation 11 of the Sale of Food (Eating Houses) Regulations by new items 294K and 294M substituting the present references to the Government Medical Officer with registered medical practitioner.

New item 294J amends subregulation 11(4) of the Sale of Food (Eating Houses) Regulations, by omitting the present reference to the Minister. This amendment is consequential to the amendments made to the Sale of Food Act substituting the references to the Minister in this Act with ‘Chief Executive Officer’.

New item 294K amends subregulation 11(4) of the Sale of Food (Eating Houses) Regulations by omitting references to the Government Medical Officer. The position of the Government Medical Officer has been abolished and the removal of these references reflects this fact. The effect of the amendment is that a registered medical practitioner may exercise the functions under this regulation previously exercised by the Government Medical Officer.

New item 294L amends subsection 11(6) of the Sale of Food (Eating Houses) Regulations, by omitting the present reference to the Minister. This amendment is consequential to the amendments made to the Sale of Food Act substituting the references to the Minister in this Act with ‘Chief Executive Officer’.

New item 294M amends subregulation 11(7) of the Sale of Food (Eating Houses) Regulations by omitting references to the Government Medical Officer. The position of the Government Medical Officer has been abolished and the removal of these references reflect this fact. The effect of the amendment is that a registered medical practitioner may exercise the functions under this regulation previously exercised by the Government Medical Officer.

Item 51 – Before item 296 of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn make amendments to the Sale of Tobacco Act 2004 (NI) (the Sale of Tobacco Act).

New item 295A amends subsections 5(1), (3) and (4) of the Sale of Tobacco Act by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager of NIRC may, respectively, appoint an authorised person for the purposes of the marine legislation and approve the form of identity cards for such authorised persons.

Item 52 – After item 297AA of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Sentencing Act 2007 (NI) (the Sentencing Act).

New item 297AAA substitutes a new definition of ‘gaoler’ in subsection 3(1) of the Sentencing Act. The effect of this amendment is that ‘gaoler’ for the purposes of this Act means a person who is a gaoler for the purposes of the Administration Act. This amendment is consequential to the amendments of section 8 of the Administration Act made by this Ordinance.

Item 53 – After item 298 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn makes amendments to the Slaughtering Act 1913 (NI) (the Slaughtering Act) and the Stock Diseases Act 1936 (NI) (the Stock Diseases Act).

New item 299 amends subsection 2(4) of the Slaughtering Act by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’ and substituting a redundant reference to the repealed Commons and Public Reserves Act 1936 (NI) with a reference to the Public Reserves Act. The effect of the amendment is that a permit shall not be issued under subsection 2(3) of the Slaughtering Act for the slaughtering of stock on land that is a reserve under the Public Reserves Act unless the General Manager of NIRC has consented in writing to the issue of the permit.

New item 300 amends subsection 6(1) of the Slaughtering Act, which deals with powers of inspection of slaughterhouses or places, by omitting a reference to the Government Medical Officer. The position of the Government Medical Officer has been abolished and the removal of this reference reflects this fact.

New item 301 amends a number of provisions of the Slaughtering Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager of NIRC will be able to exercise certain functions under the Slaughtering Act which presently must be exercised by the Minister (or the Minister’s delegate), including the appointment of public slaughterhouses, the issue of licences for slaughterhouses or places for slaughtering stock, and the appointment of inspectors for the purposes of this Act.

New item 302 amends section 4 of the Stock Diseases Act 1936 (NI) (the Stock Diseases Act) by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that the General Manager of NIRC may, by written instrument, appoint inspectors for the purposes of this Act.

Item 54 – After item 335A of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Subdivision Act 2002 (NI) (the Subdivision Act).

New item 335C amends section 24 of the Subdivision Act by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that the General Manager of the NIRC may, by written instrument, appoint authorised officers for the purposes of this Act.

Item 55 – After item 338C of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Telecommunications Act 1992 (NI) (the Telecommunications Act).

New item 338D amends paragraph 23(b) of the Telecommunications Act by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that the General Manager of NIRC may, in writing, authorise a person to exercise the statutory entry and inspection powers of the NIRC under this Act.

New item 338E amends subsection 28(1) of the Telecommunications Act by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that the General Manager of NIRC may, by notice published in the Gazette, specify the tariff of the NIRC's charges for basic carriage services under this Act.

Item 56 – Item 339 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Telecommunications Act.

New item 339 continues the existing repeal of subsection 28(5) of the Telecommunications Act.

New item 339AA amends subsection 30(2) of the Telecommunications Act by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that the General Manager of NIRC may, by notice published in the Gazette, vary or revoke a telecommunications tariff notice under this Act.

New item 339AB continues the existing repeal of subsection 30(3) of the Telecommunications Act.

New item 339AC amends subsection 33(2) of the Telecommunications Act by inserting a reference to the approved fees payable under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW)(NI). The effect of the amendment is if more than one person is a consumer in respect of a particular telecommunications service, the persons are jointly and severally liable to pay the charges payable under paragraph 32(a), or the approved fees payable under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW)(NI)), in respect of the service. This amendment is consequential to the making of the Norfolk Island Legislation Amendment (Fees) Ordinance 2018 which amended relevant Norfolk Island laws to allow fees for services provided by the NIRC to be determined by the NIRC in accordance with Part 10 of Chapter 15 of the Local Government Act 1993 (NSW)(NI)). The amendment maintains the existing arrangements regarding the payment of telecommunications charges under which joint consumers of a telecommunications service are fully responsible equally for the payment of any charges.

Item 57 – After item 341 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Tourist Accommodation Act 1984 (NI) (the Tourist Accommodation Act).

New item 341AAA amends subsection 14(2) of the Tourist Accommodation Act by omitting a redundant reference to the previously repealed section 16 of this Act.

New item 341AAB amends a number of provisions of the Tourist Accommodation Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager of NIRC will be able to exercise certain functions under the Tourist Accommodation Act which presently must be exercised by the Minister, including dealing with the registration of tourist accommodation houses and the appointment of authorised officers for the purposes of this Act.

Item 58 – After item 341DA of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Traffic Act 2010 (NI) (the Traffic Act).

New item 341DB amends a number of provisions of the Traffic Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager of the NIRC will be able to exercise certain functions under the Traffic Act which presently must be exercised by the Minister, including the appointment of the Registrar and Deputy Registrar of Motor Vehicles.

Item 59 – After item 341G of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Traffic (General) Regulations (NI) (the Traffic General Regulations).

New item 341H amends subregulations 17(1), 18(1), and 19(1) and (2) of the Traffic General Regulations, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager of NIRC will be able to exercise certain functions under the Traffic General Regulations which presently must be exercised by the Minister (or the Minister’s delegate) with respect to the composition and functions of the Road Safety Committee.

New item 341J continues the existing repeal of subregulation 19(4) of the Traffic General Regulations.

New item 341K amends subregulation 20(2) of Traffic General Regulations by substituting the present reference to the Minister with a reference to the ‘Chief Executive Officer’. The effect of this amendment is that the General Manager of NIRC will ordinarily chair meetings of the Road Safety Committee.

New item 341L repeals subregulation 20(4) of Traffic General Regulations, as this provision, which presently allows the Minister to make suitable arrangements with the General Manager of the NIRC for the provision of secretarial and other assistance to the Road Safety Committee, is no longer necessary.

Item 60 – After item 341T of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an  amendment to the Trees Act 1997 (NI) (the Trees Act).

New item 341U amends subsection 5A(1) of the Trees Act by including a reference to a delegate of the Minister. This amendment clarifies that a delegate of the Minister must also have regard to the matters described in section 5A of the Trees Act when considering a development application under the Planning Act 2002 (NI).

Item 61 – After item 343 of Schedule 1

This item inserts a new provision into Schedule 1 to the Principal Ordinance which in turn makes an amendment to the Trees Act.

New item 343AA repeals section 26 of the Trees Act. Section 26 presently provides that the Minister may delegate any of his or her powers and functions under this Act. This amendment is consequential to the amendments made to this Act substituting the references to the Minister in this Act with ‘Chief Executive Officer’.

Item 62 – At the end of Part 1 of Schedule 1

This item inserts new provisions into Schedule 1 to the Principal Ordinance which in turn make amendments to the Trees Act, the Waste Management Act 2003 (NI) (the Waste Management Act) and the Waste Management Regulations 2004 (the Waste Management Regulations).

New item 343B amends a number of provisions of the Trees Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager of the NIRC will be able to exercise certain functions under the Trees Act which presently must be exercised by the Minister, including dealing with applications for permits to take protected trees, applications for the registration of plantations, applications for timber licences; and the appointment of authorised officers and the issue of identity cards for such persons.

New item 343C amends section 8 of the Waste Management Act by inserting new subsection 8(5). New subsection 8(5) clarifies that the waste management levy imposed under this Act is payable by the person who imports the goods, containers, vehicles, plant or equipment on which the levy is imposed.

New item 343D amends a number of provisions of the Waste Management Act, by substituting the present references to the Minister with references to the ‘Chief Executive Officer’. The effect of these amendments is that the General Manager of NIRC will be able to exercise certain functions under the Waste Management Act which presently must be exercised by the Minister, including the appointment of authorised officers for the purposes of this Act, the issue of identity cards for such officers, and the designation of places used to dispose of waste.

New items 343E-343L make a number of amendments to the Waste Management Regulations dealing with the waste management levies presently imposed on the import of goods into Norfolk Island. The changes to these levies have been made at the request of NIRC and is consistent with the proposed fees and charges in the schedule of fees and charges contained in its 2018-19 Operational Plan. This draft Operational Plan was subject to formal community consultation on Norfolk Island before adoption by NIRC. The increase in the waste management levies is to cover the operational costs of the waste management services provided by NIRC. The current deficit with respect to these costs is $251,614 per annum and based on an estimate of 15,000 tonne of cargo annually the increases should contribute $90,000 to this deficit.

New item 343E amends regulation 2 of the Waste Management Regulations by inserting a new definition of ‘motor vehicle’. The effect of this amendment is that ‘motor vehicle’ for the purposes of the Waste Management Regulations has the same meaning as in the Traffic Act 2010 (NI). This amendment is consequential to the amendments of regulation 3 of the Waste Management Regulations made by this Ordinance.

New item 343F inserts new regulation 2A into the Waste Management Regulations. The effect of this amendment is that for the purpose of subsection 8(4) of the Waste Management Act, a motor vehicle is a prescribed vehicle. Subsection 8(4) of the Waste Management Act provides that levy at the prescribed rate may be imposed on prescribed vehicles, plant and equipment. This amendment is consequential to the insertion by this Ordinance of new subregulation 3(3) into the Waste Management Regulations.

New item 343G amends subregulation 3(1) of the Waste Management Regulations by inserting a reference to new subregulation 3(3). This amendment is consequential to the insertion by this Ordinance of new subregulation 3(3) into the Waste Management Regulations.

New item 343H amends paragraph 3(1)(c) of the Waste Management Regulations by substituting ‘$41’ for the present figure of ’$32’. The effect of the amendment is to increase the present levy imposed upon goods imported by sea into Norfolk Island under paragraph 3(1)(c) of the Waste Management Regulations to $41 per cubic metre or per tonne whichever is the greater.

New item 343J amends paragraph 3(1)(d) of the Waste Management Regulations by substituting ‘$41 per cubic metre or tonne (whichever is greater)’ for the present figure of ’$32’. The effect of the amendment is to increase the present levy imposed upon goods imported by air into Norfolk Island under paragraph 3(1)(d) of the Waste Management Regulations to $41 per cubic metre or per tonne (whichever is the greater).

New item 343K amends subregulation 3(2) of the Waste Management Regulations by substituting ‘$150’ for the present figure of ’$100’. The effect of the amendment is to increase the present levy imposed upon each container of livestock, being containers of equine or bovine animals, imported into Norfolk Island whether by sea or by air under subregulation 3(2)) of the Waste Management Regulations to $150 per container.

New item 343L inserts new subregulation 3(3) into the Waste Management Regulations which provides that a waste management levy is imposed on a motor vehicle imported into Norfolk Island, whether imported by sea or air, at the rate of $100 per cubic metre or tonne (whichever is greater). The note at the end of new subregulation 3(3) notes that the amendments to this regulation by the Ordinance applies from 1 October 2018 (see new item 390 of Schedule 1 to the Principal Ordinance inserted by item 1 of Schedule 2 of the Ordinance).

Schedule 2—Application of amendments

Norfolk Island Continued Laws Ordinance 2015

Item 1 – In the appropriate position in Part 2 of Schedule 1

This item inserts new Division 16 into Part 2 of Schedule 1 to the Continued Laws Ordinance. This new division contains transitional provisions dealing with the application of the amendments made to a number of continued laws as set out in Schedule 1 to the Ordinance.

New item 382 contains definitions for the purposes of new Division 16, providing that in this division, ‘amending Ordinance’ means the Ordinance, ‘commencement time’ means the time at which the Ordinance commences and that ‘repealed body’ means any of the following bodies or committee:

• the Fire Advisory Board; or
• the Legal Aid Advisory Committee; or
• the Liquor Licensing Board; or
• the Norfolk Island Planning Board.

New subitem 383(1) is a general saving provision, which provides that the amendments made by the operation of the Ordinance do not affect the validity at or after the commencement time of anything done before the commencement time. An example has been included to assist readers to understand the intended operation of the provision.

New subitem 383(2) provides, to avoid doubt, that subitem 383(1) does not prevent the variation or revocation, at or after the commencement time, under a continued law amended by the Ordinance, of anything done under the continued law before the commencement time.

New item 384 is a general transitional provision which provides that, in the circumstances set out in that provision, anything done by or in relation to the Minister or the Administrator before the commencement time shall be treated as if it had been done by or in relation to the General Manager of NIRC. The relevant circumstances are that the exercise of a power, or performance of a function or duty by the General Manager at or after the commencement time is affected by the doing of anything before that time, and the power, function or duty has been conferred on the General Manager under a continued law amended by the Ordinance (see new subitem 384(1)).

New item 385 is a transitional which provides that anything done by, or in relation to, a repealed body before the commencement time has effect, at and after that time, as if it had been done by, or in relation to, the General Manager of NIRC.

New item 386 is a transitional which provides that any records or documents that were in the possession of a repealed body immediately before the commencement time are to be transferred to the NIRC after this time.

New item 387 is a savings provision which provides that sections 27 and 28 of the Legal Aid Act, as in force immediately before the commencement time, continue to apply on and after that time in relation to a person who was a member of the Legal Aid Advisory Committee at any time before that time despite the amendments of that Act by the operation of the Ordinance.

New subitem 388(1) is a savings provision which provides that despite the repeal of the security deposit provisions of the Airport Act by the Ordinance these provisions continue to apply in relation to an aircraft operator for whom they applied immediately before that time, until the operator enters into an arrangement with the General Manager of NIRC under the amended subsection 3(5) of the Airport Act or Chief Executive Officer notifies the operator, in writing, that those provisions no longer apply in relation to the operator.

New subitem 383(2) provides that if the General Manager of NIRC gives an aircraft operator a notice under new subitem 383(1), to the effect that those provisions no longer apply in relation to the operator, NIRC must refund to the operator the amount of any security deposit paid by the operator under the security deposit provisions, less the amount of any landing or other charge payable to the NIRC as at the time the notice is given.

New subitem 383(3) provides for the definition of ‘security deposit provisions’ for the purposes of new item 383. The ‘security deposit provisions’ are the provisions of the Airport Act and the Airport Regulations repealed or amended by the Ordinance which previously dealt with the payment of security deposits by aircraft operators.

New subitem 389(1) provides that the amendments of the ‘levy provisions’ by the operation of the Ordinance apply in relation to levy imposed on and after 1 October 2018. The effect of this provision is that the changes to the fuel and waste management levies take effect from 1 October 2018.

New subitem 389(2) defines the meaning of ‘levy provisions’ for the purposes of new subitem 389(1).

New subitem 390 provides that the amendment of section 10 of the Fuel Levy Act by the operation of the Ordinance applies in relation to fuel sold on and after 1 October 2018.