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 Continued Laws Ordinance 2015

Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020

Authority

The Norfolk Island Act 1979 (Norfolk Island Act) provides for the government of the Territory of Norfolk Island (Norfolk Island). Section 19A of the Norfolk Island Act provides that the Governor‑General may make Ordinances for the peace, order and good government of Norfolk Island.

The Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 (the Ordinance) is made under section 19A of the Norfolk Island Act.

The Ordinance amends the Norfolk Island Continued Laws Ordinance 2015 (the Continued Laws Ordinance). The Continued Laws Ordinance is the mechanism through which amendments to Norfolk Island continued laws can be made. Norfolk Island continued laws are those laws made by the former Norfolk Island Legislative Assembly prior to 2015 and continued in force under either section 16 or 16A of the Norfolk Island Act.

Subsection 17(3) of the Norfolk Island Act provides that Norfolk Island laws continued in force may be amended or repealed by an Ordinance made under section 19A.

Purpose and operation

The Ordinance amends the following Norfolk Island continued laws: the Traffic Act 2010 (NI) (the Traffic Act), the Traffic (General) Regulations (the Traffic Regulations), and the Pasturage and Enclosure Act 1949 (NI) (the Pasturage and Enclosure Act).

The Ordinance amends the Traffic Act to strengthen traffic law enforcement measures in line with approaches in other Australian jurisdictions, in particular, by the following means:

introducing roadside mobile drug testing and penalties for non-compliance;
making failure to undergo breath analysis or have a blood sample taken a major driving offence (see definition below);
automatic licence suspension for 24 hours, or until the person is charged with a major driving offence, if they refuse to submit to a breath or saliva test, a breath or saliva analysis, or have a blood sample taken;
automatic licence suspension, or disqualification from being able to obtain a licence if unlicenced, from the time a person is charged with certain major driving offences until either the charge is withdrawn or the person is acquitted or convicted of the offence;
remedying an inconsistency that excludes novice drivers (that is, drivers who are under the age of 18 years or holders of a learners licence or a provisional licence) and commercial drivers from the high-range drink-driving offences; and
creating a minor offence where a person who holds a drivers licence that is not a learners or provisional licence drives a motor vehicle with an ‘L’ or ‘P’ sign affixed to the vehicle.

A major driving offence is defined in existing subsection 3(1) of the Traffic Act to mean a range of serious offences that include culpable driving, murder or manslaughter caused by the manner of driving, reckless and dangerous driving, driving while disqualified, and driving while under the influence of alcohol or drugs. A person convicted of a major driving offence may be disqualified from driving for more than 3 months.

Offences in Commonwealth legislation are drafted with regard to the Guide to Framing Commonwealth Offences, Infringement Notices and Enforcement Powers (the Guide). The Commonwealth Attorney-General’s Department (AGD) was consulted on the draft Ordinance with regard to the proposed measures, in particular the definition of ‘saliva test’, arrest following failed breath test etc, detention of a person for the purpose of undergoing saliva analysis or submitting to a blood test, saliva analysis or blood testing following arrest, and suspension of a person’s drivers licence following their refusal to submit to test. AGD expressed no concerns with the proposed measures.

The Guide discusses coercive powers, including arrest, restraint and detention. The general principle is that arrest powers should only be granted to sworn police officers unless there are exceptional circumstances which clearly justify extending the powers to non-police. Police officers are given extensive training which helps to ensure that arrest powers are used effectively and in a manner that does not endanger the officer or the public. The Ordinance is compliant with the general principle in that only sworn police officers are given the power to arrest without warrant and detain a person who refuses to submit to a saliva test as a result of roadside mobile drug testing. The person must only be detained by police for the purposes of undergoing saliva analysis, or submitting to a blood test, and must be brought before an approved person for a saliva sample to be taken. Under the existing Traffic Regulations, an approved person means a registered medical practitioner or a person appointed by the Minister, or included in a class of persons declared by the Minister.

The Department of Infrastructure, Transport, Regional Development and Communications (the department) engaged with the Australian Federal Police (AFP) in relation to the new coercive powers in the Ordinance. The AFP provides law enforcement and regulatory services in Norfolk Island as the Norfolk Island Police Force (NIPF). The AFP had suggested the changes to law enforcement powers in relation to roadside mobile drug testing and suspension of a person’s drivers licence for a specified period if they refuse to submit to a breath or saliva test/analysis. These arrangements are consistent with approaches in other Australian jurisdictions.

The Ordinance also:

enables provisional licence holders from other jurisdictions to drive in Norfolk Island under the recognised licence scheme, hereafter referred to as recognised provisional licence holders or recognised provisional licence, as applicable (a definition of the recognised licence scheme is below);
subjects recognised provisional licence holders to equivalent conditions, restrictions and penalties as Norfolk Island provisional licence holders, including the drink or drug affected driving offences for novice drivers;
provides for mandatory cancellation by the Registrar of a recognised licence or recognised provisional licence where a certain number of demerit points are recorded, following 14 days written notice given to the licence holder;
mandates that drivers intending to carry one or more persons in the open tray of their truck or utility (ute) tray (hereafter referred to as ute tray riding) must pass a written test after which the Registrar of Motor Vehicles may endorse a permit on their licence to authorise ute tray riding;
mandates additional safety requirements for drivers undertaking ute tray riding, including zero blood alcohol level;
provides that a court determining the sentence for a traffic offence would be able to take into account a previous finding of guilt for another traffic offence, whether or not a conviction had been recorded for that offence, in determining the appropriate penalty; and
repeals the provisions associated with a vehicle registration label, as such labels are no longer used in Norfolk Island.

The recognised licence scheme under the Traffic Act enables certain non-Norfolk Island licence holders to drive in Norfolk Island for up to 3 months, after which they must apply for a Norfolk Island licence.

In addition, the Ordinance makes minor amendments to the Traffic Regulations.

Furthermore, the Ordinance amends the Pasturage and Enclosure Act to replace references to ‘prescribed charges’ with ‘approved fees’, consistent with the amendments made in the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019.

Consultation

At the initial policy development stage, the department consulted with targetted stakeholders to seek advice on amendments required to improve the operation of the Traffic Act. Targetted consultation included the Chief Magistrate of Norfolk Island (the Chief Magistrate), the AFP, and staff of the Norfolk Island Regional Council (NIRC), including the Registrar of Motor Vehicles.

In 2019 the department held a two-stage public consultation process with the Norfolk Island community and received a range of views from community members.

During the development of the draft Ordinance, the department consulted with the Chief Magistrate, the AFP, the Commonwealth Director of Public Prosecutions, AGD, and NIRC staff.

Other

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

The Ordinance commences the day after registration on the Federal Register of Legislation.

Details of the Ordinance are set out in the Attachment.

Statement of Compatibility with Human Rights

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

Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Ordinance

Purpose and operation

The Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 (the Ordinance) amends the following Norfolk Island continued laws: the Traffic Act 2010 (NI) (the Traffic Act), the Traffic (General) Regulations (the Traffic Regulations), and the Pasturage and Enclosure Act 1949 (NI) (the Pasturage and Enclosure Act).

The Ordinance amends the Traffic Act to strengthen traffic law enforcement measures in line with approaches in other Australian jurisdictions, in particular, by the following means:

introducing roadside mobile drug testing and penalties for non-compliance;
making failure to undergo breath analysis or have a blood sample taken a major driving offence (see definition below);
automatic licence suspension for 24 hours, or until the person is charged with a major driving offence, if they refuse to submit to a breath or saliva test, a breath or saliva analysis, or have a blood sample taken;
automatic licence suspension, or disqualification from being able to obtain a licence if unlicenced, from the time a person is charged with certain major driving offences until either the charge is withdrawn or the person is acquitted or convicted of the offence;
remedying an inconsistency that excludes novice drivers (that is, drivers who are under the age of 18 years or holders of a learners licence or a provisional licence) and commercial drivers from the high-range drink-driving offences; and
creating a minor offence where a person who holds a drivers licence that is not a learners or provisional licence drives a motor vehicle with an ‘L’ or ‘P’ sign affixed to the vehicle.

The Ordinance also:

enables provisional licence holders from other jurisdictions to drive in Norfolk Island under the recognised licence scheme, hereafter referred to as recognised provisional licence holders or recognised provisional licence, as applicable (a definition of the recognised licence scheme is below);
subjects recognised provisional licence holders to equivalent conditions, restrictions and penalties as Norfolk Island provisional licence holders, including the drink or drug affected driving offences for novice drivers;
provides for mandatory cancellation by the Registrar of a recognised licence or recognised provisional licence where a certain number of demerit points are recorded, following 14 days written notice given to the licence holder;
mandates that drivers intending to carry one or more persons in the open tray of their truck or utility (ute) tray (hereafter referred to as ute tray riding) must pass a written test after which the Registrar of Motor Vehicles may endorse a permit on their licence to authorise ute tray riding;
mandates additional safety requirements for drivers undertaking ute tray riding, including zero blood alcohol level;
provides that a court determining the sentence for an offence would be able to take into account a previous finding of guilt for another offence, whether or not a conviction had been recorded for that offence, in determining the appropriate penalty; and
repeals the provisions associated with a vehicle registration label, as such labels are no longer used in Norfolk Island.

In addition, the Ordinance makes minor amendments to the Traffic (General) Regulations.

Human rights implications

This Ordinance engages the following rights:

the right to life in Article 6 of the International Covenant on Civil and Political Rights (ICCPR) and Article 6 of the Convention on the Rights of the Child (CROC);
the right to security of the person and freedom from arbitrary detention under Article 9 of the ICCPR and Article 37 of the CROC;
the right to humane treatment in detention under Article 10 of the ICCPR and Article 37 of the CROC;
the right to a fair trial and fair hearings under Article 14 of the ICCPR and Article 40(2)(iii) of the CROC; and

the right to privacy in Article 17 of the ICCPR and Article 40(2)(vii) of the CROC.

The CROC is relevant because drivers, particularly those driving with a learners licence or provisional licence, may be under 18 years of age. They will be subject to the same mandatory drug testing regime and automatic licence suspension as adult drivers.

Right to life

Article 6 of the ICCPR provides that “[e]very human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.” Article 6 of the CROC also recognises the inherent right to life of every child.

The Ordinance protects and promotes the right to life through strengthening the ability of law enforcement officers to target, and remove from the road, drivers who disobey the road rules. Drink or drug affected driving and speeding are high risk driving behaviours that can put other road users at risk, including pedestrians, children and cyclists, and can lead to death or serious injury.

Right to security of the person and freedom from arbitrary detention

Right to humane treatment in detention

Article 9 of the ICCPR provides that “[e]veryone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.” Article 37 of the CROC has a similar provision in relation to children. Article 9 of the ICCPR goes on to provides that “[a]nyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.” Article 40(2)(b)(ii) of the CROC is similar in relation to children.

Article 10 of the ICCPR provides that “[a]ll persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.” Article 37 contains a similar provision in relation to children.

Currently under section 32B of the Traffic Act, a member of the NIPF has the power to:

arrest without warrant a driver who refuses to submit to a random breath test, or who fails to submit to the breath test in accordance with the police officer’s instructions, or whose breath test indicates the presence of alcohol;
take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the police officer considers desirable;
detain the person, or cause the person to be detained, at a police station or other place for the purposes of submitting to a breath analysis.

The Ordinance extends these powers to drug testing of drivers, allowing a police officer to:

arrest without warrant a person who refuses to submit to a saliva test as required by the police officer, or who fails to follow the instructions for the test, or whose saliva test indicates the presence of a drug or psychotropic substance;
detain a person (or cause a person to be detained) at a police station or other place for the purposes of the person submitting to a saliva analysis, or a blood test, for the purpose of detecting the presence of a drug or psychotropic substance.

Offences in Commonwealth legislation are drafted with regard to the Guide. The Guide discusses coercive powers, including arrest, restraint and detention. The general principle is that arrest powers should only be granted to sworn police officers unless there are exceptional circumstances which clearly justify extending the powers to non-police. Police officers are given extensive training which helps to ensure that arrest powers are used effectively and in a manner that does not endanger the officer or the public. The Ordinance is compliant with the general principle in that only sworn police officers are given the power to arrest without warrant and detain a person who refuses to submit to a saliva test as a result of roadside mobile drug testing. The person must only be detained by police for the purposes of undergoing saliva analysis, or submitting to a blood test, and must be brought before an approved person for a saliva sample to be taken (see further below). An approved person means a registered medical practitioner or a person appointed by the Minister, or included in a class of persons declared by the Minister (Regulation 9K).

While the Ordinance may limit a person’s rights under Articles 9 and 10 of the ICCPR and Article 37 of the CROC, the limitations are reasonable, necessary and proportionate to ensure that criminal laws that protect the safety of members of the Norfolk Island community can be enforced.

The right to a fair trial and fair treatment in criminal proceedings

Sub-paragraph 14(3)(a) of the ICCPR provides that “[in] the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him […]”. There is a similar right in relation to children in Article 40(2)(b)(ii) of the CROC.

The Ordinance provides an accountable and transparent process for the production of a certificate of saliva analysis or blood testing as evidence for the laying of charges.

The new requirements for saliva analysis build upon the existing requirements for breath analysis. The Ordinance provides that if a member of the NIPF detains a person at a police station or other place for the purposes of undergoing saliva analysis, or submitting to a blood test, the member must bring the detainee before an approved person for a saliva sample to be taken. The approved person must analyse the sample in accordance with the Traffic Regulations, place the sample in a sealed container with a unique sample number, and, among other things, complete a certificate that is substantially in the form of Form 1A (in Schedule 1 of the Ordinance at item 341Q). The approved person must give a copy of that certificate to the detainee.

If a saliva test is not possible (for instance for medical reasons), the person may be required to submit to a blood test. The requirements for blood testing have not changed in the Ordinance and include various safeguards to ensure the integrity of the process and ensure the person concerned is given written notice of the results. The following process applies:

A person must be informed by a police officer that the person is required to accompany the member to an approved person for the purpose of having a blood sample taken for analysis (Regulation 9F).
The police officer must then bring the person before an approved person for the taking of a blood sample as soon as practicable (Regulation 9G), and the approved person shall take a sample of the person’s blood in the presence of a police officer (Regulation 9L).
The approved person shall, among other things, provide the person with a marked or labelled receptacle containing a part of the sample, and deliver or cause the delivery of a marked or labelled receptacle containing a sample to an approved analyst (see below) for analysis (Regulation 9L).
An approved analyst who analyses a blood sample must complete a certificate in accordance with the regulations and deliver this certificate to a police officer. A police officer shall deliver, or cause to be delivered, a copy of the certificate to the person (Regulation 9L).

An approved analyst means a person appointed by the Minister, or included in a class of persons declared by the Minister, or employed by an organisation licenced to carry out blood analysis (Regulation 9K).

To summarise, the safeguards include:

formal notification of the need to undergo blood testing;
use of a medical practitioner (or other approved person) to undertake the blood test, overseen by a police officer; and
ensuring the person receives a sample in a receptacle as well as a certificate of the blood analysis as evidence of the outcome of the testing or analysis.

There are restrictions on the power to require a blood sample to be taken (Regulation 9L). These include that a sample cannot be taken if, in the opinion of a member of the police force, more than two hours have elapsed since an accident occurred in which police suspect the person was the driver of the motor vehicle involved in the accident, or if it may be dangerous or not practicable to take a sample due to the person’s injury, or if the person is in hospital and the attending medical practitioner certifies in writing that the taking of a blood sample would be of significant detriment to the person’s medical condition.

The Traffic Regulations already provide for blood drug analysis and these arrangements have not changed.

The Ordinance upholds a person’s right to a fair trial and fair hearing by establishing an accountable and transparent process for the obtaining of samples and the provision of a certificate to the detainee after the analysis. The existing safeguards in relation to blood testing and blood analysis also apply to a blood test following a saliva test or saliva analysis. A person who is charged with an offence arising from the results of a saliva test or blood test will be dealt with by the courts in the usual way.

The right to privacy

Article 17 of the ICCPR provides that “[n]o one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.” There is a similar right under Article 16 of the CROC.

The right to privacy under the ICCPR and the CROC is not an absolute right. The right can be limited if the limitation is not incompatible with the right itself and the limitation is authorised by law, is for a legitimate objective and is reasonable, necessary and proportionate to that objective.

The roadside mobile drug testing measures in the Ordinance limit the right to privacy, including through collection and use of the results from the testing, and compulsory physical intervention, such as taking a saliva sample or a blood sample of a person for testing purposes. The NIPF are bound by the Privacy Act 1988 (Cth) and must keep personal information secure and not disclose the information to others without lawful authority.

While the Ordinance may limit a person’s right under Article 17 of the ICCPR, the limitations are considered reasonable, necessary and proportionate to promote the right to life, as discussed above.

Conclusion

The Disallowable Legislative Instrument is compatible with human rights because to the extent that it may limit human rights, those limitations are reasonable, necessary and proportionate.

Assistant Minister for Regional Development and Territories,

Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

The Hon Nola Marino MP

ATTACHMENT—NOTES ON CLAUSES

This attachment explains the operation of individual provisions in the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 (the Ordinance).

Section 1 – Name of Ordinance

This section provides that the name of the Ordinance is the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 (the Ordinance).

Section 2 – Commencement

This section provides for the Ordinance to commence on the day after this Ordinance is registered.

Section 3 – Authority

This section provides that the Ordinance is made under the Norfolk Island Act 1979.

Section 4 – Schedules

This section provides that each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.

Schedule 1—Main amendments

Part 1—Amendment of the Traffic Act 2010 (Norfolk Island)

Norfolk Island Continued Laws Ordinance 2015

The Norfolk Island Continued Laws Ordinance 2015 (Continued Laws Ordinance) is the mechanism through which amendments to the Traffic Act 2010 (Traffic Act) can be made. The following amendments to Schedule 1 of the Continued Laws Ordinance amend the Traffic Act as described below.

Amending item [1]—Item 341A of Schedule 1 (at the end of the definition of breath test)

Amending item 1 adds ‘; (d) a device prescribed for the purposes of this paragraph.’ at the end of the definition of breath test at item 341A of Schedule 1 to the Continued Laws Ordinance), which in turn amends section 3(1) of the Traffic Act. This enables additional devices for breath testing to be prescribed in the Traffic (General) Regulations (the Traffic Regulations).

Amending item [2]—After item 341A of Schedule 1

Amending item 2 inserts items 341AAAA to 341AAAC after item 341A of Schedule 1 to the Continued Laws Ordinance which in turn amend the Traffic Act. These amendments deal with the interpretation of terms used in the Traffic Act.

Item 341AAAA Subsection 3(1) (paragraph (da) of the definition of major driving offence)

Item 341AAAA amends the definition of major driving offence in subsection 3(1) of the Traffic Act by adding another existing offence. The provision repeals paragraph (da) which refers to paragraph 32(9)(c) and substitutes it with ‘(da) an offence against subsection 32(9) because paragraph 32(9)(b) or (c) applies;’. This extends the definition of a major driving offence from applying to an offence under paragraph 32(9)(c) – in relation to a person under detention removing themselves from the presence of a police officer without permission – to include paragraph 32(9)(b). The offence in paragraph 32(9)(b) applies when a person, if required by a police officer to submit to a breath analysis, refuses or fails to submit to that analysis in accordance with the officer’s directions.

Item 341AAAB Subsection 3(1) (definition of novice or novice driver)

Item 341AAAB adds holders of ‘recognised provisional licences’ (to be defined at item 341AF below) to the definition of ‘“novice” or “novice driver”’ in subsection 3(1) of the Traffic Act. It does this by omitting ‘or a provisional licence’ and substituting it with ‘, a provisional licence or a recognised provisional licence’ in the definition of ‘novice’ or ‘novice driver’. This means a recognised provisional licence holder is subject to drink or drug affected driving offences in section 32 and consequences of random breath testing and roadside mobile drug testing (as introduced below) in section 32B. A novice or novice driver refers to a driver of a motor vehicle who is under the age of 18 years or the holder of a learners or a provisional licence.

Item 341AAAC Subsection 3(1)

Item 341AAAC inserts a definition of ‘outside jurisdiction’ in subsection 3(1) of the Traffic Act, to mean a State or a Territory (other than Norfolk Island) or a foreign country or a part of a foreign country. This term would be used throughout the Traffic Act instead of the term ‘elsewhere’ or ‘in any other place than Norfolk Island’ that is currently used. See amending items 341AI, 341AJ, 341AK, 341BOD, 341BOX and 341DAAA.

Amending item [3]—After item 341AA of Schedule 1

Amending item 3 inserts items 341AB to 341AK after item 341AA of Schedule 1 to the Continued Laws Ordinance which in turn amend the Traffic Act. These amendments all deal with the interpretation of terms and references in the Traffic Act.

Item 341AB Subsection 3(1)

Item 341AB inserts ‘psychotropic substance to mean a substance that is listed in Part 2 of Schedule 5 to the Dangerous Drugs Act 1927’ in subsection 3(1) of the Traffic Act. This term is used, but not currently defined, in existing subparagraph 32(1)(a)(ii), which deals with driving under the influence of a drug or psychotropic substance.

Item 341AC Subsection 3(1) (paragraph (b) of the definition of recognised licence)

Item 341AC repeals paragraph (b), which refers to a provisional licence, in the definition of recognised licence in subsection 3(1) of the Traffic Act. Recognised provisional licences are separately defined. See amending item 341AF.

Item 341AD Subsection 3(1) (paragraph (c) of the definition of recognised licence)

Item 341AD omits ‘, or a provisional licence’ from paragraph (c) of the definition of recognised licence in subsection 3(1) of the Traffic Act. This is a consequential amendment associated with the implementation of the recognised provisional licence scheme.

Item 341AE Subsection 3(1) (definition of recognised licence)

Item 341AE inserts ‘Norfolk Island or’ after ‘except’ in the definition of recognised licence in subsection 3(1) of the Traffic Act. This amendment makes it clear that a recognised licence ‘issued by the competent authority of any place’ does not include Norfolk Island.

Item 341AF Subsection 3(1)

Item 341AF inserts the definitions for recognised provisional licence and saliva test in subsection 3(1) of the Traffic Act.

The definition of recognised provisional licence means a recognised licence that corresponds to a provisional licence (which is a licence issued under section 16A of the Traffic Act). This is a consequential amendment associated with the implementation of the recognised provisional licence scheme. See amending items 341AC, 341AD and 341AE.

The definition of saliva test means a test for the purpose of indicating the presence in a person’s saliva of a drug or psychotropic substance using a Securetec Drugwipe II Twin device or a device prescribed for the purposes of this paragraph. This is a consequential amendment to the amendments to introduce roadside mobile drug testing. See amending items 10 and 11 below.

Item 341AG Subsection 3(1) (at the end of the definition of second or subsequent conviction)

Item 341AG adds a note at the end of the definition of second or subsequent conviction in subsection 3(1) of the Traffic Act. The note refers the reader to subsection (9) of this section. This is a consequential amendment to the amendment to second or subsequent conviction referred to in amending item 4 below.

Item 341AH Subsection 3(2)

Item 341AH inserts ‘a provisional licence’ after ‘a learners licence,’ in subsection 3(2) of the Traffic Act. This confirms that a reference to a provisional licence does not include any such licence that has expired, been suspended, or cancelled in accordance with this or any other laws in force in Norfolk Island or elsewhere, or the issue of which was based on false or misleading information or without the disclosure of relevant endorsements ordered to be made in accordance with a law in force in Norfolk Island or elsewhere. Note the amendment to ‘elsewhere’ in section 3(2) referred to in items 341AI to 341AK below.

Item 341AI Paragraph 3(2)(b)

Item 341AI omits ‘elsewhere’ and substitutes it with ‘an outside jurisdiction’ in paragraph 3(2)(b) of the Traffic Act. This is a consequential amendment to reflect the definition of ‘outside jurisdiction’. See amending item 341AAAC above.

Item 341AJ Paragraph 3(2)(c)

Item 341AJ concerns references in the Traffic Act to licences. It repeals paragraph 3(2)(c) which refers to a licence ‘that has been cancelled in accordance with this or any other law in force in Norfolk Island or elsewhere; or’ and substitute it with ‘(c) that has been cancelled, or the operation of which in Norfolk Island is cancelled, in accordance with this or any other law in force in Norfolk Island or an outside jurisdiction; or’. This amendment refines the wording in the subsection to also refer to the cancellation of the operation of a recognised licence in Norfolk Island, and substitute ‘elsewhere’ with ‘an outside jurisdiction’.

Item 341AK Subparagraph 3(2)(d)(ii) and paragraph 3(2)(e)

Item 341AK omits ‘elsewhere’ and substitutes it with ‘an outside jurisdiction’ in subparagraph 3(2)(d)(ii) and paragraph 3(2)(e) of the Traffic Act. This is a consequential amendment to reflect the definition of ‘outside jurisdiction’. See amending item 341AAAC.

Amending item [4]—Item 341B of Schedule 1 (at the end of the item)

Amending item 4 adds subsection 3(9) at the end of item 341B of Schedule 1 to the Continued Laws Ordinance which in turn amends the Traffic Act.

Item 341B adds subsection 3(9) to the Traffic Act to provide that despite subsection 8(2) of the Sentencing Act 2007 (NI) (the Sentencing Act), the reference to convicted in each of the paragraphs (a) and (b) of the definition of second or subsequent conviction is taken to include a reference to a finding of guilt without the recording of a conviction.

Subsection 8(2) of the Sentencing Act provides that a finding of guilt without conviction shall not be treated as a conviction for any purpose. The amendment provides that despite this provision, a second or subsequent conviction (see definition below) in the Traffic Act includes where the court has found a person guilty but has not recorded a conviction for a previous driving offence. The court determining the sentence for a subsequent offence under the Traffic Act would be able to take the finding of guilt into account for the purpose of determining the appropriate penalty for the second or subsequent offence.

A second or subsequent conviction is defined in the existing subsection 3(1) of the Traffic Act as (a) in respect of a conviction for a major driving offence committed by a person who has within the period of 5 years immediately preceding the commission of that offence been convicted of a major driving offence, and (b) in respect of a conviction for a minor driving offence (meaning, not a major driving offence) – a conviction in respect of an offence committed by a person who has within the period of 3 years immediately preceding the commission of that offence been convicted of a major or minor driving offence.

Amending item [5]—Item 341BB of Schedule 1

Amending item 5 repeals item 341BB of Schedule 1 to the Continued Laws Ordinance, which provides that references to ‘prescribed fee’ in paragraphs 8(1)(c) and 12(3)(b) are repealed and substituted with ‘approved fee’. Those existing amendments, made by the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019, are remade (see amending items 341BB and 341BBD below), but this amendment allows for the numbering of the amending items to be simplified and for all amendments to the Traffic Act to appear in sequence in the Continued Laws Ordinance.

Amending item 5 inserts items 341BB and 341BBA to 341BBD into Schedule 1 to the Continued Laws Ordinance which in turn amend the Traffic Act.

Item 341BB Paragraph 8(1)(c)

Item 341BB omits ‘prescribed fee’ and substitutes it with ‘approved fee’ in paragraph 8(1)(c) of the Traffic Act. This amendment has already been made to the Traffic Act by the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019, yet needs to be remade due to the re-numbering of the items in the Continued Laws Ordinance, as discussed at amending item 5 above.

Item 341BBA Subsection 8(2)

Item 341BBA repeals subsection 8(2) and substitutes it with ‘(2) If a motor vehicle is registered, the Registrar must assign an identifying number to the motor vehicle’. This is a consequential amendment to the repeal of section 10 of the Traffic Act, which deals with vehicle registration labels. Vehicle registration labels are no longer used in Norfolk Island.

Item 341BBB Subsection 8(5A)

Item 341BBB omits ‘paragraph 8(1)(b)’ and substitutes it with ‘paragraph 8(1)(ab)’ in subsection 8(5A) of the Traffic Act. This corrects a drafting error in the legislation.

Item 341BBC Section 10

Item 341BBC repeals section 10 of the Traffic Act, which provides for the issuing of vehicle registration labels and associated matters. Vehicle registration labels are no longer issued in Norfolk Island.

Item 341BBD Paragraph 12(3)(b)

Item 341BBD omits ‘prescribed fee’ and substitutes it with ‘approved fee’ in paragraph 12(3)(b) of the Traffic Act. This amendment has already been made to the Traffic Act by the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019, yet needs to be remade due to the re-numbering of the items in the Continued Laws Ordinance, as discussed at amending item 5 above.

Amending item [6]—After item 341BM of Schedule 1

Item 6 inserts items 341BMA to 341BMD after item 341BM of Schedule 1 to the Continued Laws Ordinance which in turn amend the Traffic Act.

Item 341BMA Subsection 15(3)

Item 341BMA inserts ‘or a recognised provisional licence’ after ‘provisional licence’ in subsection 15(3) of the Traffic Act, which deals with offences by holders of provisional licences. This is a consequential amendment associated with the implementation of the recognised provisional licence scheme.

Item 341BMB Paragraphs 15(3)(a), (b) and (c) (penalties)

Item 341BMB repeals the existing penalties in paragraphs 15(3)(a), (b) and (c) of the Traffic Act. Item 341BMC below updates the penalty provisions for provisional licence holders and recognised provisional licence holders.

Item 341BMC After subsection 15(3)

Item 341BMC inserts subsections 15(3A) and (3B) in section 15 of the Traffic Act to provide for penalty provisions in relation to provisional licence holders and recognised provisional licence holders, respectively.

The penalty provisions for provisional licences holders are in subsection 15(3A). The existing penalties for paragraph 15(3)(a) and (c) are suspension of licence for not more than 6 months. New subsection 15(3A) clarifies that on conviction for an offence against paragraph 15(3)(a) or (c) the penalty is suspension of the licence for not more than 6 months. For an offence against paragraph 15(3)(b) the penalty on conviction is either or both of the following: suspension of the licence for not more than 6 months; a fine not exceeding 2 penalty units.

The penalty provisions for recognised provisional licence holders are in subsection 15(3B). Under subsection 15(3B)(a), driving a vehicle on a road or in a public place between the hours of 10:00pm and 6:00am, or carrying more than one passenger while driving, is punishable on conviction by cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months. Under subsection 15(3B)(b), acting as the licensed driver when a person with a learners licence is driving a motor vehicle, is punishable on conviction by either or both of the following: cancellation of the operation of the licence in Norfolk Island and disqualification from obtaining a licence in Norfolk Island for not more than 6 months; a fine not exceeding 2 penalty units.

Subsection 15(3B) is a consequential amendment associated with the implementation of the recognised provisional licence scheme.

Item 341BMD Paragraph 15(6)(c)

Item 341BMD repeals paragraph 15(6)(c) of the Traffic Act, which provides that a person must not drive a motor vehicle on a road while the operation of any recognised licence they hold or may obtain is cancelled. The item substitutes ‘(c) if the operation of a recognised licence held by the person is cancelled by the Court for a period—that period has not ended;’. This reflects the power of a court to order that the operation of a recognised licence in Norfolk Island may be cancelled for a period.

Amending item [7]—Item 341BN of Schedule 1

Amending item 7 repeals item 341BN of Schedule 1 to the Continued Laws Ordinance and inserts item 341BN and items 341BNA to 341BNJ into Schedule 1 to the Continued Laws Ordinance which in turn amend the Traffic Act. It allows the amendments to the Traffic Act to appear in sequence in the Continued Laws Ordinance.

Item 341BN Paragraph 16(1)(b)

Item 341BN omits ‘prescribed fee’ and substitutes it with ‘approved fee’ in paragraph 16(1)(b) of the Traffic Act. This amendment has already been made to the Traffic Act by the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019, yet needs to be remade due to the re-numbering of the items in the Continued Laws Ordinance, as discussed at amending item 5 above.

Item 341BNA Subsection 16(7) (paragraph (ii) of the penalty)

Item 341BNA repeals the penalty provision in paragraph 16(7)(ii) in the Traffic Act and substitutes it with ‘(ii) for a subsequent offence—not less than 1 or more than 5 penalty units, suspension of licence for 3 months, and disqualification from obtaining a licence for 3 months’. This amendment is required to omit the term ‘loss of licence’. This term is currently used twice in the Traffic Act (see amending item 341BNG) and is inconsistent with other penalty provisions relating to suspension or disqualification of licences.

Item 341BNB Paragraph 16A(1)(b)

Item 341BNB omits ‘prescribed fee’ and substitute it with ‘approved fee’ in paragraph 16A(1)(b) of the Traffic Act. This amendment has already been made to the Traffic Act through the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019, yet needs to be remade due to the re-numbering of the items in the Continued Laws Ordinance, as discussed at amending item 5 above.

Item 341BND Subparagraph 16A(1)(c)(iv)

Item 341BND repeals subparagraph 16A(1)(c)(iv) of the Traffic Act and substitutes it with ‘(iv) is not disqualified from holding a licence;’. This amendment repeals ‘or been the holder of a recognised licence that has been cancelled’ so that the holders of recognised licences could be eligible for a Norfolk Island provisional licence after serving a period of disqualification or cancellation.

Item 341BNE Subsections 16A(5) and (6)

Item 341BNE inserts ‘or a recognised provisional licence’ after ‘provisional licence’ in subsections 16A(5) and 16A(6) of the Traffic Act. This is a consequential amendment associated with the implementation of the recognised provisional licence scheme to extend the obligations applicable to Norfolk Island provisional licence holders to recognised provisional licence holders.

Item 341BNF At the end of subsection 16A(6)

Item 341BNF adds ‘, unless the modification is in accordance with a condition, restriction or endorsement to which the licence is subject’ at the end of subsection 16A(6) of the Traffic Act. This amendment enables a provisional licence holder or recognised provisional licence holder to drive a modified vehicle if these modifications are in accordance with a condition, restriction or endorsement on a valid licence.

Item 341BNG Subsection 16A(7) (paragraph (ii) of the penalty)

Item 341BNG repeals the existing penalty provision in paragraph 16A(7)(ii) of the Traffic Act and substitutes it with penalty provisions relevant to provisional licence holders and recognised provisional licence holders, respectively. This is a consequential amendment associated with the implementation of the recognised provisional licence scheme.

This amendment also replaces the term ‘loss of licence’ with reference to suspension of licence for 3 months and disqualification from obtaining a licence for 3 months. The term ‘loss of licence’ is currently used twice in the Traffic Act (see amending item 341BNA) and is inconsistent with other penalty provisions around suspension or disqualification of licences.

Item 341BNH Paragraph 17(1)(b)

Item 341BNH omits ‘prescribed fee’ and substitutes it with ‘approved fee’ in paragraph 17(1)(b) of the Traffic Act. This amendment has already been made to the Traffic Act by the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019, yet needs to be remade due to the re-numbering of the items in the Continued Laws Ordinance, as discussed at amending item 5 above.

Item 341BNI Paragraph 17(3B)(a)

Item 341BNI inserts ‘corresponding to a drivers licence’ after ‘recognised licence’ in paragraph 17(3B)(a) of the Traffic Act. This clarifies that the licence renewal provisions in subsection 17(3B) only apply to recognised licences, not recognised provisional licences.

Item 341BNJ Subsection 17A(2)

Item 341BNJ omits all the words after ‘under’ and substitutes them with ‘this Act, and in respect of recognised licences (including recognised licences the operation of which in Norfolk Island is cancelled), contain: (a) each condition, restriction or endorsement that the licence is subject to; and (b) such other information as the Registrar considers necessary to give effect to this Act’ in subsection 17A(2) of the Traffic Act. This clarifies that, among other things, the register of licensed drivers, as maintained by the Registrar of Motor Vehicles under subsection 17A(1), shall contain information pertaining to each condition, restriction or endorsement associated with a licence, including a recognised licence.

Amending item [8]—After item 341BO of Schedule 1

Amending item 8 inserts items 341BOA to 341BOX after item 341BO of Schedule 1 to the Continued Laws Ordinance which in turn amend the Traffic Act.

Item 341BOA Subsection 18(2)

Item 341BOA omits ‘the Government Medical Officer’ and substitutes with ‘a registered medical practitioner (within the meaning of the Health Practitioners Act 1983)’ in subsection 18(2) of the Traffic Act. This amendment replaces an obsolete term in the Traffic Act.

Item 341BOB Section 19 (heading)

Item 341BOB repeals the heading of section 19 of the Traffic Act (‘Registrar may refuse to issue licence’) and substitutes it with a heading referring to the Registrar’s powers in relation to person unfit to hold a licence, or disqualified from driving. This amendment more accurately describes the Registrar’s powers in section 19.

Item 341BOC After paragraph 19(b)

Item 341BOC inserts ‘(ba) for a recognised licence—cancel the operation of the licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such a period as the Registrar thinks fit; or’ after paragraph 19(b) of the Traffic Act. This clarifies that the Registrar has the authority to cancel the operation of a recognised licence in Norfolk Island and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit, based on the grounds for cancellation in subsections 19(d) and (e).

Item 341BOD Paragraphs 19(d) and (e)

Item 341BOD omits ‘elsewhere’ and substitutes it with ‘an outside jurisdiction’ in paragraphs 19(d) and (e) of the Traffic Act. This is a consequential amendment to apply the definition of ‘outside jurisdiction’. See amending item 341AAAC.

Item 341BOE Section 20 (heading)

Item 341BOE repeals the heading of section 20 of the Traffic Act (‘Power to revoke licence, etc’) and substitutes it with a heading referring to the Registrar’s powers in relation to licence holders presenting danger to the public. This amendment more accurately describes the Registrar’s powers in section 20.

Item 341BOF Paragraph 20(1)(b)

Item 341BOF repeals paragraph 20(1)(b) of the Traffic Act and substitutes it with ‘(b) if the holder is the holder of a recognised licence—cancel the operation of the licence in Norfolk Island.’ This refers to action the Registrar may take if satisfied that a recognised licence holder would be a danger to the public by reason of mental or physical disability. This updates the wording in this provision.

Item 341BOG Subsection 20(3)

Item 341BOG repeals subsection 20(3) of the Traffic Act. This is a consequential amendment pursuant to item 341BOF.

Item 341BOH Section 21

Item 341BOH inserts ‘(1)’ before ‘If’ in section 21 of the Traffic Act, so as to enable the insertion of a further subsection. See amending item 341BOK below.

Item 341BOI After paragraph 21(b)

Item 341BOI inserts ‘(ba) cancels the operation of a recognised licence in Norfolk Island; or’ after paragraph 21(b) of the Traffic Act. This reflects the change to the Registrar’s powers in item 341BOF above.

Item 341BOJ Paragraph 21(e)

Item 341BOJ repeals paragraph 21(e) of the Traffic Act, which refers to the Registrar declaring that a recognised licence has ceased to have effect for the purpose of allowing the holder to drive a motor vehicle on Norfolk Island. The item substitutes that paragraph with ‘(e) declares the holder of a recognised licence disqualified from obtaining a licence for a period;’. This updates the wording in this provision.

Item 341BOK At the end of section 21

Item 341BOK adds a subsection relating to how the Registrar may serve written notice to an applicant or holder of a licence as required by section 21 of the Traffic Act. Subsection 21(2) provides that ‘the Registrar may send the notice to the address of the place of residence or business of the applicant or holder of the licence, as the case may be, last known to the Registrar.’

Item 341BOL After paragraph 22(1)(b)

Item 341BOL inserts ‘(ba) cancelling the operation of the person’s recognised licence in Norfolk Island; or’ after paragraph 22(1)(b) of the Traffic Act. This is a consequential amendment pursuant to the amendments to section 21 at item 341BOI.

Item 341BOM Paragraph 22(1)(e)

Item 341BOM repeals paragraph 22(1)(e) of the Traffic Act and substitutes it with ‘(e) declaring the person disqualified from obtaining a licence for a period;’. This is a consequential amendment pursuant to the amendment to section 21 at item 341BOJ.

Item 341BON After section 22

Item 341BON inserts section 22A to make special provisions applicable to provisional licences and recognised licences.

Subsection 22A(1) provides that if a provisional licence or a recognised licence is subject to a condition, restriction or endorsement, by or under a law in force in the place where the licence was issued and the condition, restriction or endorsement relates to the class or description of motor vehicle the holder of the licence may drive, the Registrar is taken to have endorsed that class or description of motor vehicle on the licence.

Subsection 22A(2) provides that the description of the motor vehicle the person may drive extends to the description of modifications that must be made to the vehicle and the equipment that must be fitted to the vehicle. Subsection 22A(3) provides that, if a licence is taken to be endorsed under subsection 22A(1) or subsection 47(5) (which relates to special licences), the licence holder is taken not to be a licence holder unless he or she is driving the vehicle in accordance with the terms of the endorsement.

Item 341BOO Paragraph 23(3)(b)

Item 341BOO inserts ‘corresponding to a drivers licence’ after ‘recognised licence’ in paragraph 23(3)(b) of the Traffic Act. This clarifies that a learner licence holder can only drive a motor vehicle, other than a motor cycle, if a full licence holder, whether a Norfolk Island licence holder or a recognised licence holder, is seated next to him or her.

Item 341BOP Section 23A (heading)

Item 341BOP repeals the heading of section 23A of the Traffic Act, which refers to special provisions applicable to provisional licences, and substitutes it with a similar heading that also includes reference to recognised provisional licences.

Item 341BOQ Subsection 23A(1)

Item 341BOQ inserts ‘or recognised provisional licence’ after ‘provisional licence’ wherever occurring in subsection 23A(1) of the Traffic Act. This is a consequential amendment associated with the implementation of the recognised provisional licence scheme.

Item 341BOR Subsections 23A(2) and (3)

Item 341BOR extends the special provisions applicable to provisional licences in section 23A of the Traffic Act to recognised provisional licences. This is a consequential amendment associated with the implementation of the recognised provisional licence scheme.

Item 341BOS After section 23A

Item 341BOS inserts section 23B to provide special provisions relating to ute tray riding. This allows the Registrar to endorse on a drivers licence a permit for the licence holder to drive a truck or a utility with one or more persons seated on the open tray of the truck or utility if the licence holder passes a written test approved by the Registrar. If the Registrar endorses a permit on a drivers licence, the Registrar is required to give the licence holder written evidence of the endorsement.

Item 341BOT At the end of Part 5

Item 341BOT adds section 24A to create offences where a person drives a motor vehicle with an ‘L’ or ‘P’ sign affixed to it without holding a learners licence, provisional licence or recognised provisional licence, as the case may be.

In each case, a first offence attracts a penalty of not less than 0.5 or more than 2 penalty units, and for a subsequent offence, not less than 1 or more than 5 penalty units and suspension of licence (if any) for 3 months.

Item 341BOU Subparagraph 32(1)(b)(ii)

Item 341BOU inserts ‘but does not fall within the high range PCA’ (prescribed concentration of alcohol) after ‘zero’ in subparagraph 32(1)(b)(ii) of the Traffic Act. This remedies a discrepancy in the Traffic Act. Currently, under paragraph 32(1)(b)(ii) a driver of a commercial vehicle whose blood alcohol content is greater than zero is subject to the mid‑range PCA offences under subsection 32(3), yet is not subject to the high range PCA offences under subsection 32(4) if the driver falls within a high range PCA. See amending item 341BOX.

Item 341BOV After subparagraph 32(1)(b)(ii)

Item 341BOV inserts ‘(iia) being the driver of a truck or utility is greater than zero but does not fall within the high range PCA if a person is occupying the open tray of the truck or utility; or’ after subparagraph 32(1)(b)(ii) of the Traffic Act. This applies the PCA offences to a driver of a truck or utility vehicle who has passengers in the back of the open tray. See amending items 341BOW and 341BOX.

Item 341BOW Subsection 32(1) (subsection (3) of the penalty)

Item 341BOW inserts ‘or (iia)’ after ‘(b)(ii)’ in subsection (3) of the penalty provision of subsection 32(1) of the Traffic Act. This applies the PCA offences to a driver of a truck or utility vehicle who has passengers in the back of the open tray. Applicable drink driving offences would be either mid-range PCA (greater than zero but less than 0.15 grams of alcohol in 100 millilitres of blood) or high‑range PCA (0.15 or more grams of alcohol in 100 millilitres of blood). See amending item 341BOX.

Item 341BOX Subsection 32(1A)

Item 341BOX omits all the words after ‘of driver’ and substitutes with ‘includes: (a) a driver who does not hold a licence whether or not holding a licence to drive a motor vehicle issued in an outside jurisdiction; and (b) a novice driver whose blood alcohol content exceeds the novice range PCA; and a driver of a commercial vehicle whose blood alcohol content falls within the high range PCA; and a driver of a truck or utility whose blood alcohol content falls within the high range PCA if a person is occupying the open tray of the truck or utility’ in subsection 32(1A) of the Traffic Act. This defines ‘any other class of driver’ in relation to the existing range of PCA offences.

Amending item [9]—After item 341C of Schedule 1

Amending item 9 inserts item 341CAA in Schedule 1 to the Continued Laws Ordinance which in turn amends the Traffic Act.

Item 341CAA Subsection 32(9) (note 1)

Item 341CAA omits ‘under this paragraph (c)’ and substitutes it with ‘against paragraph (b) or (c)’ in note 1 of subsection 32(9) of the Traffic Act. This amends note 1 to advise the reader that failure to undergo breath analysis if required by a police officer under subsection 32(3) would be a major driving offence. See amending item 341AAAA.

Amending item [10]—Item 341D of Schedule 1 (section 32A (heading))

Amending item 10 amends item 341D of Schedule 1 to the Continued Laws Ordinance which in turn amends the Traffic Act.

Amending item 10 amends the heading to section 32A of the Traffic Act (‘Power to conduct random breath testing’) by inserting ‘or saliva’ after ‘breath’.

Amending item [11]—Item 341D of Schedule 1 (subsection 32A(1))

Amending item 11 amends item 341D of Schedule 1 to the Continued Laws Ordinance which in turn amends the Traffic Act.

Amending item 11 inserts ‘, or saliva test,’ after ‘breath test’ in subsection 32A(1) of the Traffic Act. This introduces roadside mobile drug testing. It applies the existing requirements that apply to breath testing to roadside mobile drug testing, including applying the existing offence for failure to comply with a request, or signal, by a police officer to stop the vehicle. The existing penalty in subsection 32A(4) is 10 penalty units.

Amending item [12]—Item 341D of Schedule 1 (section 32B (heading))

Amending item 12 amends item 341D of Schedule 1 to the Continued Laws Ordinance which in turn amends the Traffic Act.

Amending item 12 amends the heading to section 32B of the Traffic Act (‘Arrest following failed breath test etc’) by inserting ‘or saliva’ after ‘breath’.

Amending item [13]—Item 341D of Schedule 1 (after paragraph 32B(1)(a))

Amending item 13 amends item 341D of Schedule 1 to the Continued Laws Ordinance which in turn amends the Traffic Act.

Amending item 13 inserts paragraph 32B(1)(aa) after paragraph 32B(1)(a) in the Traffic Act. This extends the powers of a police officer in subsection 32B(2) to a person who the police officer believes to be the driver of a truck or utility with another person in the open tray of the truck or utility, and a breath test indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood.

Amending item [14]—Item 341D of Schedule 1 (at the end of subsection 32B(1))

Amending item 14 amends item 341D of Schedule 1 to the Continued Laws Ordinance which in turn amends the Traffic Act.

Amending item 14 adds two provisions in relation to saliva testing at the end of subsection 32B(1) of the Traffic Act, which gives police certain powers set out in subsection 32(2), including the power to arrest without warrant. These provisions extends those powers to include circumstances where it appears to the police officer that a saliva test indicates there may be a drug or psychotropic substance present, or where the person refuses to submit to a saliva test as required or in accordance with the officer’s directions. This is a consequential amendment associated with the introduction of roadside mobile drug testing.

Amending item [15]—Item 341D of Schedule 1 (at the end of subsection 32B(2))

Amending item 15 amends item 341D of Schedule 1 to the Continued Laws Ordinance which in turn amends the Traffic Act.

Amending item 15 adds to the existing powers of police officers in subsection 32B(2) of the Traffic Act a provision that would allow police to detain a person at a police station or other place for the purposes of undergoing saliva analysis or submitting to a blood test. This is a consequential amendment associated with the introduction of roadside mobile drug testing.

Amending item [16]—Item 341D of Schedule 1 (at the end of the item)

Amending item 16 amends item 341D of Schedule 1 to the Continued Laws Ordinance which in turn amends the Traffic Act.

Amending item 16 adds section 32C to the Traffic Act, which provides for saliva analysis or blood testing following arrest. A police officer may require the person to have a blood sample taken if the analysis indicates there may be present in the person’s saliva a drug or psychotropic substance. The saliva analysis or blood sample must be carried out in accordance with the regulations. This is a consequential amendment associated with the introduction of roadside mobile drug testing.

Amending item [17]—Item 341DA of Schedule 1

Amending item 17 repeals item 341DA of Schedule 1 to the Continued Laws Ordinance which in turn amends the Traffic Act. Item 341DA of Schedule 1 is re-used to simplify the numbering of the amending items and so that all amendments to the Act appear in sequence in the Continued Laws Ordinance.

Amending item 17 inserts items 341DA and 341DAAA to 341DAAM into Schedule 1 to the Continued Laws Ordinance which in turn amend the Traffic Act.

Item 341DA After paragraph 33(1)(a)

Item 341DA inserts ‘(aa) who holds a recognised licence, the operation of which in Norfolk Island is cancelled; or’ after paragraph 33(1)(a) of the Traffic Act. This clarifies that the offence of obtaining a licence or driving while disqualified or where a person’s licence is suspended or cancelled also applies to a person who holds a recognised licence whose operation in Norfolk Island is cancelled.

Item 341DAAA Subsection 33(1)

Item 341DAAA omits ‘elsewhere’ and substitutes with ‘an outside jurisdiction’ in subsection 33(1) of the Traffic Act. This is a consequential amendment to apply the definition of ‘outside jurisdiction’. See amending item 341AAAC.

Item 341DAAB Paragraph 33(1)(c)

Item 341DAAB inserts ‘, a provisional licence’ after ‘learners licence’ in paragraph 33(1)(c) of the Traffic Act. This means that a person must not obtain a provisional licence if their licence is suspended or cancelled, or the person is disqualified from obtaining a licence in Norfolk Island or an outside jurisdiction.

Item 341DAAC Paragraph 35(c)

Item 341DAAC repeals paragraph 35(c) of the Traffic Act which refers to the cancellation of the registration of a motor vehicle under section 10. This is a consequential amendment to the repeal of section 10 in the Traffic Act, which provides for vehicle registration labels. See amending item 341BBC.

Item 341DAAD Subsection 38A(3)

Item 341DAAD omits ‘medical practitioner registered under the Medical Practitioners Registration Act 1983’ and substitutes it with ‘registered medical practitioner (within the meaning of the Health Practitioners Act 1983)’ in subsection 38A(3) of the Traffic Act. This amendment removes an obsolete term from the Traffic Act.

Item 341DAAE Paragraph 44G(2)(b)

Item 341DAAE repeals paragraph 44G(2)(b) of the Traffic Act which currently provides an exemption from the requirement to wear a seatbelt where the person is over the age of 5 years and is seated on the open tray of a truck or utility and the sides of the tray of the vehicle are closed and extend at least 150 millimetres above the floor of the tray.

The paragraph is substituted with new requirements that drivers must comply with if they have one person or more in the open tray of a truck or utility vehicle. The additional safety measures are that the person is at least 8 years of age and is seated in the open tray and that the carriage of the person, or persons, is between 6 am and 8 pm; that the sides of the tray are closed and extend at least 150 millimetres above the floor of the tray; that the driver holds a drivers licence that is endorsed by the Registrar under subsection 23B(1), and the driver produces written evidence of that endorsement if required to do so by a police officer.

Item 341DAAF Before section 45

Item 341DAAF inserts sections 44L and 44M in the Traffic Act.

Section 44L provides for licence suspension following a licence holder’s refusal to undergo a breath analysis or submit to a breath test, undergo saliva analysis or submit to saliva testing, or have a blood sample taken. The suspension begins at the time of the refusal and ends if the person is charged with a major driving offence or otherwise 24 hours after the time of refusal.

Section 44M provides for licence suspension or disqualification if the person is charged with certain major driving offences. If the person is charged with an offence under subsection 32(1) (driving under the influence of drink or drugs) which is a major driving offence, the automatic licence suspension is limited to when the charge alleges that the person drove or attempted to drive a motor vehicle under the influence of a drug or psychotropic substance or the person’s blood alcohol content fell within the high range PCA. The suspension begins when the person is charged and ends when the charge is withdrawn or the person is acquitted or convicted of the offence.

If a person does not hold a licence and is charged with a major driving offence, the person is disqualified from holding or obtaining a licence during the period beginning when the person is charged and ending when the charge is withdrawn or the person is acquitted or convicted of the offence.

Item 341DAAG Section 45 (heading)

Item 341DAAG amends the heading of section 45 of the Traffic Act (‘Suspension and disqualification’) by inserting ‘following conviction’ after ‘disqualification’.

Item 341DAAH Subsection 45(1)

Item 341DAAH inserts ‘a provisional licence,’ after ‘a learners licence,’ wherever occurring in subsection 45(1) of the Traffic Act. This provides that a provisional licence holder convicted of an offence under the Traffic Act is subject to any suspension, cancellation or disqualification provisions that apply in section 45.

Item 341DAAI Subsection 45(2)

Item 341DAAI extends the operation of subsection 45(2) to the case where a court cancels the operation of a recognised licence in Norfolk Island. This means that the court may order that no application for a special licence under section 47 of the Traffic Act shall be made within a specified period after the cancellation.

A special licence may be granted under section 47 for the purposes of employment or travel to and from employment.

Item 341DAAJ Paragraph 46(1)(a)

Item 341DAAJ inserts ‘, a provisional licence’ after ‘learners licence’ in paragraph 46(1)(a) of the Traffic Act. This means that a court must order that a person who is convicted of a major driving offence under the Traffic Act is disqualified from holding or obtaining a learners, provisional or drivers licence for such period as the court thinks fit, being not less than 3 months.

Item 341DAAK After paragraph 47(1)(a)

Item 341DAAK inserts ‘(aa) who holds a recognised licence, the operation of which in Norfolk Island is cancelled; or’ after paragraph 47(1)(a) of the Traffic Act. This means that the holder of a recognised licence, the operation of which has been cancelled, may apply to the court for a special licence.

Item 341DAAL After subsection 47(5)

Item 341DAAL applies a similar provision to subsection 47(5), which applies to the grant of a special licence to a person whose licence has been suspended, to a person who holds a recognised licence whose operation has been cancelled. Subsection 47(5A) provides that a special licence that is granted to such a person is subject to the same conditions, restrictions or endorsements as the recognised licence in Norfolk Island. A note is also inserted to refer to examples in existing subsection 18(6), concerning recognised licence holders who have endorsements on their licences in relation to a physical disability, and subsection 22A(3), concerning special provisions applicable to provisional licences and recognised licences.

Item 341DAAM Subsection 47K(1)

Item 341DAAM omits ‘or recognised licence’ in subsection 47K(1) of the Traffic Act. It is no longer be necessary to include recognised licences in section 47K, which provides for suspension or cancellation of a drivers licence on accrual of 12 or more relevant demerit points, as new section 47R provides equivalent arrangements for recognised licences corresponding to drivers licences. See amending item 341DABA.

Amending item [18]—Item 341DAA of Schedule 1

Amending item 18 repeals item 341DAA of Schedule 1 to the Continued Laws Ordinance. Item 341DAA of Schedule 1 is re-used to simplify the numbering of the amending items and so that all amendments to the Act appear in sequence in the Continued Laws Ordinance.

Amending item 18 inserts item 341DAA into Schedule 1 to the Continued Laws Ordinance.

Item 341DAA Paragraph 47K(1)(c)

Item 341DAA omits ‘fee payable on the grant of’ and substitutes it with ‘approved fee for an application for’ in paragraph 47K(1)(c) of the Traffic Act. This amendment has already been made to the Traffic Act through the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019, and needs to be remade due to the re-numbering of the items in the Continued Laws Ordinance, as discussed at amending item 5 above.

Amending item [19]—After item 341DAB of Schedule 1

Amending item 19 inserts item 341DABA into Schedule 1 to the Continued Laws Ordinance which in turn amends the Traffic Act.

Item 341DABA At the end of Part 8B

Item 341DABA adds sections 47R and 47S to the Traffic Act.

Section 47R provides for cancellation of the operation of a recognised licence corresponding to a drivers licence, and disqualification from obtaining a licence for 3 months, on the accrual of 12 or more demerit points. This relocates the existing arrangements under section 47K in relation to recognised licence holders to a separate section. See amending item 341DAAM.

Section 47S provides for cancellation of the operation of a recognised provisional licence, and disqualification from obtaining a licence for 3 months, on the accrual of 6 or more demerit points. This is a consequential amendment associated with the implementation of the recognised provisional licence scheme.

Part 2—Amendment of the Traffic (General) Regulations (Norfolk Island)

Norfolk Island Continued Laws Ordinance 2015

Amending item [20]—Before item 341DC of Schedule 1

Amending item 20 inserts items 341DBA to 341DBC before item 341DC of Schedule 1 to the Continued Laws Ordinance which in turn amend the Traffic (General) Regulations (Norfolk Island) (the Traffic Regulations).

Item 341DBA Subregulation 5(3)

Item 341DBA omits ‘unless the repairs or other work specified in the notice have been carried out to the satisfaction of an authorised person’ from subregulation 5(3) of the Traffic Regulations and substitutes it with two new paragraphs: ‘unless (c) the notice recipient gives the authorised person all reasonable facilities for making another inspection of the vehicle; and (d) the repairs or other work specified in the notice have been carried out to the satisfaction of the authorised person’. This clarifies the process for a vehicle inspection if an authorised person finds a vehicle in an unsatisfactory condition. An authorised person is the Registrar, a member of the police force, or an authorised inspector of motor vehicles appointed under regulation 8B (subregulation 5(6)).

Item 341DBB After subregulation 5(3)

Item 341DBB inserts subregulation 5(3A) to require that if an authorised person who is not the Registrar gives a notice under subregulation 5(3), the authorised person must give a copy of the notice to the Registrar within 10 business days after giving the notice. This clarifies the process for a vehicle inspection if an authorised person finds a vehicle in an unsatisfactory condition. The amendment ensures the Registrar is informed of a vehicle requiring another inspection.

Item 341DBC Subregulation 5A(1)

Item 341DBC omits the reference in subregulation 5A(1) of the Traffic Regulations to a repealed Norfolk Island continued law, the Cascade Cliff Loan Act 1998, by omitting all the words after ‘on the motor vehicle,’ and substituting them with ‘exceeds 2.5 metres measured at the widest point’. The existing penalty provisions are retained.

Amending item [21]—After item 341DL of Schedule 1

Amending item 21 inserts items 341DM to 341DP after item 341DL of Schedule 1 to the Continued Laws Ordinance which in turn amend the Traffic Regulations.

Item 341DM After regulation 9E

Item 341DM inserts regulation 9EA to provide for saliva analysis. It requires that if a member of the police detains a person for the purpose of undergoing saliva analysis, or submitting to a blood test, the police officer must bring the detainee before an approved person for a saliva sample to be taken.

Under existing Regulation 9K, an approved person means a registered medical practitioner or a person appointed by the Minister, or included in a class of persons declared by the Minister.

Subregulation 9EA(3) sets out mandatory requirements for the analysis of a saliva sample by an approved person, including what equipment to use and how to treat, record and label the sample. The approved person is required to complete a certificate substantially in the form of the Form 1A in Schedule 5 to the Traffic Regulations and give a copy of the certificate to the detainee.

Item 341DN Regulation 9F

Item 341DN inserts ‘or 32C(3)’ after ‘subsection 32(3)’ in regulation 9F of the Traffic Regulations. This provides that a police officer who intends to require a person have a blood sample taken if saliva analysis indicates the presence of a drug or psychotropic substance must inform the person that he or she is required to accompany the police officer to an approved person for the purpose of having a blood sample taken for analysis.

Item 341DO Regulation 9H

Item 341DO omits ‘subsection 32(4), of the Act’ and substitutes it with ‘subsection 32(4) or paragraph 32B(2)(d) of the Act’ in regulation 9H of the Traffic Regulations. This makes it an offence for a person to leave detention if required to undergo a saliva analysis or submit to a blood test under paragraph 32B(2)(d) of the Traffic Act.

Item 341DP Subregulation 9L(2)

Item 341DP inserts ‘(including under subsection 32C(3) of the Act)’ after ‘blood sample taken’ in subregulation 9L(2) of the Traffic Regulations. This applies the existing restrictions on taking blood samples to persons subject to the section 32C(3) of the Traffic Act. Section 32C to the Traffic Act provides for saliva analysis or blood testing following arrest. See amending item 16 above.

Amending item [22]—After item 341G of Schedule 1

Amending item 22 inserts item 341GA after item 341G of Schedule 1 to the Continued Laws Ordinance which in turn amends the Traffic Regulations.

Item 341GA Regulation 9Q

Item 341GA repeals regulation 9Q of the Traffic Regulations and substitutes it with regulation 9Q ‘Certificates’ concerning certificates for breath analysis and saliva analysis. This amends the regulation to re-insert the requirements for the certificate for breath analysis (Form 1 in Schedule 5) and provide that for the purposes of a saliva analysis, the certificate is either substantially in the form of, and including the information required by, Form 1A in Schedule 5, or a printout issued or created by the device used for the analysis.

Amending item [23]—Item 341H of Schedule 1

Amending item 23 repeals item 341H of Schedule 1 to the Continued Laws Ordinance which in turn amends the Traffic Regulations. Item 341H of Schedule 1 has already been made and is remade to simplify the numbering of the amending items and so that all amendments to the Traffic Regulations appear in sequence in the Continued Laws Ordinance. Similarly, items 341HB and 341HD of Schedule 1 have already been made and are remade, as discussed above.

Item 23 inserts items 341HA and 341HC into Schedule 1 to the Continued Laws Ordinance which in turn amend the Traffic Regulations.

Item 341H Subparagraph 17(1)(a)(i)

Item 341H omits ‘“Minister”’ and substitutes it with ‘“Chief Executive Officer”’ in subparagraph 17(1)(a)(i) of the Traffic Regulations.

Item 341HA Subparagraph 17(1)(a)(ii)

Item 341HA omits ‘Works Superintendent’ and substitutes it with ‘(ii) a public service employee appointed under this subparagraph by the Chief Executive Officer;’ in subregulation 17(1) which concerns the membership of the Road Safety Committee (RSC) in Norfolk Island. This replaces the reference to the now obsolete title of ‘Works Superintendent’ and enables the Chief Executive Officer to select a public service employee to be a member of the RSC.

Item 341HB Paragraph 17(1)(b)

Item 341HB omits ‘“Minister”’ and substitute it with ‘“Chief Executive Officer”’ in paragraph 17(1)(b) of the Traffic Regulations.

Item 341HC After subregulation 17(1)

Item 341HC inserts ‘(1A) The Chief Executive Officer must not appoint a person under subparagraph (1)(a)(ii) unless the Chief Executive Officer is satisfied that the person has appropriate qualifications, knowledge or experience.’ This ensures the Chief Executive Officer selects a public service employee with appropriate qualifications, knowledge or experience to be a member of the RSC.

Item 341HD Subregulations 18(1), 19(1) and 19(2)

Item 341HD omits ‘“Minister”’ (wherever occurring) and substitutes it with ‘“Chief Executive Officer”’ in subregulations 18(1), 19(1) and 19(2) of the Traffic Regulations.

Amending item [24]—After item 341L of Schedule 1

Amending item 24 inserts items 341M and 341N and 341P to 341R after item 341L of Schedule 1 to the Continued Laws Ordinance which in turn amend the Traffic Regulations.

Item 341M Schedule 1 (table items 21 and 22, column 3)

Item 341M inserts ‘, or a recognised provisional licence,’ after ‘provisional licence’ in table items 21 and 22, column 3, of Schedule 1 of the Traffic Regulations. This applies 0.5 prescribed penalty units for a traffic infringement notice and 1 demerit point to a recognised provisional licence holder who fails to affix an approved ‘P’ sign to the vehicle, or drives a vehicle that has been modified from the manufacturer’s specifications.

Item 341N Schedule 1 (at the end of the cell at table item 24, column 3)

Item 341N adds ‘corresponding to a drivers licence’ at the end of the cell at table item 24, column 3, of Schedule 1 of the Traffic Regulations. This excludes recognised provisional licence holders from being able to supervise a learner driver. See amending item 341BOO.

Item 341P Schedule 1 (after table item 26)

Item 341P inserts two new items in Schedule 1 of the Traffic Regulations, setting out prescribed penalty units and demerit points in relation to driving with ‘L’ or ‘P’ signs without an appropriate licence.

Item 341Q Schedule 5 (after Form 1)

Item 341Q inserts Form 1A ‘Certificate of the result of a saliva analysis’ after Form 1 of Schedule 5 of the Traffic Regulations.

Item 341R Schedule 5 (Forms 2, 3A and 3B)

Item 341R omits ‘Section 32(7)’ and substitutes it with ‘Subsections 32(7) and 32C(4)’ in Forms 2, 3A and 3B of Schedule 5 of the Traffic Regulations. These are consequential amendments to reflect the arrangements for saliva analysis or blood testing following arrest under subsection 32C(4) of the Traffic Act.

Part 3—Application, saving and transitional provisions

Norfolk Island Continued Laws Ordinance 2015

Amending item [25]—In the appropriate position in Part 2 of Schedule 1

Amending item 25 inserts Division 20 in the appropriate position in Part 2 of Schedule 1 to the Continued Laws Ordinance to provide application and transitional provisions relating to the Ordinance.

Division 20—Application and transitional provisions relating to the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020

411 Transitional provisions affecting the Traffic Act 2010 (Norfolk Island)

Item 411 of Schedule 1 to the Continued Laws Ordinance provides a transitional provision requiring the Registrar to refund to the applicant an approved fee paid in respect of an application for a provisional licence made before the commencement of this item, if at or after that commencement, the applicant withdraws the application before the Registrar decides it and the applicant holds a recognised provisional licence at the time of the withdrawal.

This is to enable an applicant to withdraw their application for a Norfolk Island provisional licence and be eligible for a full refund on commencement of the new recognised provisional licence provisions in the Traffic Act and Traffic Regulations, should the applicant wish to do so.

412 Application provisions affecting the Traffic Act 2010 (Norfolk Island)

The application provisions in item 412 of Schedule 1 to the Continued Laws Ordinance provide as follows:

Main application provisions

Subitem (1) provides that paragraph (da) of the definition of a major driving offence in the Traffic Act, as amended by the Ordinance, applies in relation to an offence committed on or after the commencement of this item.

Subitem (2) provides that subsection 3(9) of the Traffic Act applies to findings of guilt without the recording of a conviction that are made before, on or after the commencement of this item. Subsection 3(9) provides that despite subsection 8(2) of the Sentencing Act 2007 (NI), a second or subsequent conviction in the Traffic Act includes where the court has found a person guilty but has not recorded a conviction for a previous driving offence. The court determining the sentence for a subsequent offence under the Traffic Act would take the finding of guilt into account for the purpose of determining the appropriate penalty for the second or subsequent offence.

Subitem (3) provides that paragraph 19(ba) of the Traffic Act applies in relation to a conviction, judgment, order or decision imposed or made before, on or after the commencement of this item. This application provision enables the Registrar to cancel the operation of a recognised licence and declare the holder of the licence disqualified from obtaining a licence for such period as the Registrar thinks fit based on a conviction, judgment, order or decision made before, on or after the commencement of this item.

Subitem (4) provides that section 22A of the Traffic Act, relating to special provisions applicable to provisional licences and recognised licences, applies to the holder of a licence driving a motor vehicle after the commencement of this item, and a condition, restriction or endorsement imposed or made before, on or after the commencement of this item.

Subitem (5) provides that section 24A of the Traffic Act relating to driving with an ‘L’ or ‘P’ sign affixed to a motor vehicle while not holding an appropriate licence applies in relation to acts or omissions on or after the commencement of this item.

Subitem (6) provides that, subject to subitem (10), amendments to section 32 of the Traffic Act in relation to driving under the influence of drink or drugs apply in relation to acts after the commencement of this item.

Subitem (7) provides that section 44M of the Traffic Act, which deals with the suspension of a licence or disqualification from holding or obtaining a licence following a charge with certain major driving offences, applies in relation to charges made after the commencement of this item.

Subitem (8) provides that subsections 15(3A) and (3B), subsection 16(7), subsection 16A(7), subsections 45(1) and (2), and paragraph 46(1)(a) of the Traffic Act, as amended or inserted by the Ordinance, applies in relation to offences committed on or after the commencement of this item.

Application provisions relating to ute tray riding

Subitem (9) provides that the amendments to subsection 17A(2) of the Traffic Act (Norfolk Island) in relation to the register of licensed drivers apply to licences issued on or after the day (the ute tray riding application day) that is 3 months after the day on which the Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020 commences.

Subitem (10) provides that subparagraph 32(1)(b)(iia) and paragraph 32(1A)(d) of the Traffic Act in relation to the new drink driving rules for drivers with one person or more in the open tray of their trucks or utility apply in relation to acts on or after the ute tray riding application day.

Subitem (11) provides that paragraph 32B(1)(aa) of the Traffic Act in relation to the new drink driving rules for drivers with one person or more in the open tray of their trucks or utility applies on or after the ute tray riding application day.

Subitem (12) provides that paragraph 44G(2)(b) of the Traffic Act, dealing with the exemption from wearing a seatbelt with respect to persons occupying the open tray of a truck or utility, applies on or after the ute tray riding application day.

413 Application provision affecting the Traffic (General) Regulations (Norfolk Island)

Item 413 of Schedule 1 to the Continued Laws Ordinance provides that the amendments of the Ordinance to the Traffic Regulations apply in relation to offences committed on or after the commencement of this item.

Schedule 2—Other amendments

Norfolk Island Continued Laws Ordinance 2015

Amending item [1]—After item 210AAB of Schedule 1

Amending item 1 inserts item 210AABA after item 210AAB of Schedule 1 to the Continued Laws Ordinance which in turn amends the Pasturage and Enclosure Act 1949 (Norfolk Island) (the Pasturage and Enclosure Act). The Continued Laws Ordinance is the mechanism through which amendments to the Pasturage and Enclosure Act can be made. These amendments clarify that the Norfolk Island Regional Council may continue to approve fees, in accordance with the relevant provisions of the Local Government Act 1993 (NSW)(NI), for the grant to any person of a right of pasturage under the Pasturage and Enclosure Act.

Item 210AABA Subsection 6(1)

Item 210AABA omits ‘prescribed charges’ and substitutes it with ‘approved fee’ in subsection 6(1) of the Pasturage and Enclosure Act. ‘Approved fee’ is defined in subsection 12(2) of the Interpretation Act 1979 (NI) as having the same meaning as in the Local Government Act 1993 (NSW)(NI).

Amending item [2]—After item 210AA of Schedule 1

Amending item 2 inserts item 210AAAA after item 210AA of Schedule 1 to the Continued Laws Ordinance which in turn amends the Pasturage and Enclosure Act. The Continued Laws Ordinance is the mechanism through which amendments to the Pasturage and Enclosure Act can be made.

Item 210AAAA Paragraph 13(a)

Item 210AAAA repeals paragraph 13(a) of the Pasturage and Enclosure Act which contains a redundant reference to the prescribing of charges for rights of pasturage under this Act.

Norfolk Island Continued Laws Amendment (Traffic and Other Measures) Ordinance 2020

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

EXPLANATORY STATEMENT

Statement of Compatibility with Human Rights

Overview of the Ordinance

Human rights implications

Conclusion

Interactions

Legislation content

EXPLANATORY STATEMENT

Statement of Compatibility with Human Rights

Overview of the Ordinance

Human rights implications

Conclusion

Interactions

Authorises

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