EXPLANATORY STATEMENT
NORFOLK ISLAND ACT 1979
NORFOLK ISLAND (EXERCISE OF POWERS) REGULATIONS (AMENDMENT)
STATUTORY RULES 1989 NO 268
Under the Norfolk Island Act 1979, (the Act), Norfolk Island gained a substantial degree of internal self-government with its own legislature and executive government responsible for a wide range of matters. These matters are specified in Schedules 2 and 3 to the Act.
Schedule 2 lists matters over which the Norfolk Island Government has exclusive legislative and executive authority. The Administrator is required to act in accordance with the advice, if any, of the Norfolk Island Executive Council in relation to any matter which in his opinion is a matter specified in Schedule 2.
Schedule 3 lists matters in respect of which the Norfolk Island Government has executive authority, but legislative authority is subject to Commonwealth veto. The Administrator must act in accordance with instructions from the Minister responsible for the Act when deciding whether to assent to a law which deals with a Schedule 3 matter. Matters not listed in either Schedule 2 or 3 are matters for which the Commonwealth retains responsibility. Legislation in respect of such matters must be reserved for assent by the Governor-General.
The preamble to the Act states the Parliament’s intention that Norfolk Island achieve, over a period of time, internal self-government as a Territory under the authority of the Commonwealth.
Section 67 of the Act provides that the Governor-General may make regulations not inconsistent with the Act, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act and such regulations may repeal or alter any item in, or add any new item to, Schedule 2 or 3 to the Act.
These Statutory Rules amend the Norfolk Island (Exercise of Powers) Regulations to amend Schedules 2 and 3 to the Act by adding 32 new items to the list of matters in respect of which the Norfolk Island Government may exercise executive authority. The Statutory Rules also amend item 2 of Schedule 3 to bring ‘customs duties’ within the executive authority of the Norfolk Island Government.
Details of the Statutory Rules are as follows:
Regulation 1 defines “Principal Regulations” as the Norfolk Island (Exercise of Powers) Regulations.
Regulation 2 is a machinery provision which amends existing items 36 and 40 of Schedule 2 to the Act consequential on the addition of new items to Schedule 2.
Regulation 3 is further machinery provision consequential on the inclusion of ‘social security’ as a new item in Schedule 3 to the Act.
Regulation 4 amends Schedule 2 to the Act by adding, at the end of that Schedule, the following items:
48. The provision of telecommunications services (within the meaning of the Telecommunications Act 1989) and the prescribing of rates of charge for these services.
49. Branding and marking of live-stock.
50. Pasturage and enclosure of animals.
51. Registration of bulls.
52. Bees and apiaries.
53. Exportation of fish and fish products from the Territory.
54. Live-stock diseases (other than quarantine).
55. Plant and fruit diseases (other than quarantine).
56. Water resources.
57. Energy planning and regulation.
58. Fences.
59. Business names.
60. Navigation, including boating.
61. Price and cost indexes.
62. Fund-raising from the public for non-commercial purposes, and associations registered for fund-raising of that type.
63. Administration of estates and trusts.
64. Census and statistics.
65. Inquiries and administrative reviews.
66. Registration of medical practitioners and dentists.
67. Public health (other than dangerous drugs, within the meaning of the Dangerous Drugs Ordinance 1927 of the Territory; psychotropic substances; quarantine).
68. Mercantile law (including sale or lease of goods; charges and liens on goods or crops; supply of services).
69. Law relating to the interpretation of enactments.
70. Civil legal proceedings by and against the Administration of the Territory.
71. Official flag and emblem, and public seal, of the Territory.
72. Fees or taxes imposed by the following enactments of the Territory: Absentee Landowners Levy Ordinance 1976; Cheques (Duty) Act 1983; Departure Fee Act 1980; Financial Institutions Levy Act 1985; Fuel Levy Act 1987; Public Works Levy Ordinance 1976.
73. Protection of birds.
74. Matters incidental to or consequential on the execution of executive authority.
Regulation 5 amends item 2 of Schedule 3 to include the imposition of customs duties within the executive authority of the Norfolk Island Government, and to add to that Schedule the following items:
5. Human quarantine.
6. Animal quarantine.
7. Plant quarantine.
8. Labour and industrial relations, employees’ compensation and occupational health and safety.
9. Moveable cultural heritage objects.
10. Social Security.
Authorised by the Minister of State for the Arts, Tourism and Territories