Norfolk Island (Exercise of Powers) Regulations (Amendment)

Overview

The Norfolk Island (Exercise of Powers) Regulations (Amendment) 1992 No. 164 were issued under the authority of the Minister for the Arts and Territories, to amend the Norfolk Island (Exercise of Powers) Regulations in accordance with the Norfolk Island Act 1979. The Act provided for Norfolk Island to gain internal self-government, with its own legislature and executive government responsible for a wide range of matters as specified in Schedules 2 and 3 of the Act. These regulations were introduced to address the gap in legislative and executive authority over certain matters not previously specified in the schedules, thereby allowing Norfolk Island to further exercise its self-government capabilities. The policy objective as stated in the preamble to the Act is for Norfolk Island to achieve internal self-government over time as a Territory under the authority of the Commonwealth.

Scope and Application

The Norfolk Island (Exercise of Powers) Regulations (Amendment) 1992 No. 164, issued under the authority of the Minister for the Arts and Territories, amend the Norfolk Island (Exercise of Powers) Regulations to enhance the self-governing capacity of Norfolk Island. Pursuant to the Norfolk Island Act 1979, Norfolk Island has progressively been granted internal self-government, with its own legislature and executive government authorised to enact laws and administer a broad range of matters specified in Schedules 2 and 3 to the Act. Schedule 2 lists matters where the Norfolk Island Government holds both legislative and executive authority, while Schedule 3 lists matters where the Norfolk Island Government has executive authority, subject to Commonwealth veto. The Amendment Regulations add 19 new items to Schedule 2, thereby expanding the scope of legislative and executive powers of the Norfolk Island Government. These new items include, among others, remuneration and entitlements for public officials, industry and mining, scientific research, legal aid, and the maintenance of law and order. The amendments reflect the Commonwealth's intention for Norfolk Island to achieve greater autonomy over time, as outlined in the preamble to the Norfolk Island Act 1979.

Key Provisions

The Norfolk Island (Exercise of Powers) Regulations (Amendment) 1992 No. 164 amends the Norfolk Island (Exercise of Powers) Regulations, thereby altering the legislative and executive authority of the Norfolk Island Government. Specifically, the amendment adds 19 new items to Schedule 2 of the Norfolk Island Act 1979 (Section 67), which lists matters over which the Norfolk Island Government has both legislative and executive authority. These new items include matters such as remuneration for members of the Legislative Assembly (Item 75), prices and rent control (Item 76), printing and publishing (Item 77), public utilities (Item 78), housing (Item 79), community and cultural affairs (Item 80), industry (Item 81), mining and minerals (Item 82), provision of finance credit and assistance (Item 83), scientific research (Item 84), legal aid (Item 85), corporate affairs (Item 86), censorship (Item 87), child, family and social welfare (Item 88), regulation of businesses and professions (Item 89), the legal profession (Item 90), maintenance of law and order and the administration of justice (Item 91), correctional services (Item 92), and private law (Item 93). The amendment ensures the Norfolk Island Government can exercise legislative and executive authority over these specified areas, subject to the existing provisions of the Act. The obligations and requirements imposed by these regulations include ensuring that the Norfolk Island Government, through its Legislative Assembly and Executive Council, enacts laws and makes decisions within the newly specified areas of authority. For example, the Norfolk Island Government must now legislate on matters related to housing, community and cultural affairs, and industry, among others. The Administrator, who acts on the advice of the Norfolk Island Executive Council, must align with these legislative and executive actions within the scope of Schedule 2. Additionally, any laws enacted by the Norfolk Island Government that deal with matters listed in Schedule 3 must still be subject to Commonwealth veto, ensuring a balance of authority between the Norfolk Island Government and the Commonwealth. Failure to comply with these regulations or the provisions of the Norfolk Island Act 1979 may result in various consequences. While the Statutory Rules themselves do not specify particular offences or penalties, breaches of the Norfolk Island Act or subsequent regulations could result in legal action. For instance, if the Norfolk Island Government enacts a law that exceeds its legislative authority, this could be challenged in court. Similarly, if the Administrator fails to act in accordance with the advice of the Norfolk Island Executive Council on matters listed in Schedule 2, this could also lead to legal disputes. The penalties for such breaches would depend on the specific nature of the violation and the remedies sought by the aggrieved party. It is essential that all parties involved adhere to the provisions of the Act to avoid any legal repercussions.