Norfolk Island (Exercise of Powers) Regulations

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

Legislation au F1996B02066 Regulations Not in force Legislative Instrument

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Norfolk Island (Exercise of Powers) Regulations

Statutory Rules 1981 No. 153 as amended

made under the

Norfolk Island Act 1979

This compilation was prepared on 10 January 2001
taking into account amendments up to SR 1992 No. 164

Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra

Contents

Page

 1 Citation [see Note 1] 

 1AA Alteration of Item 10 in Schedule 2 to the Norfolk Island Act 1979

 1AB Repeal of Item 17 in Schedule 2 to the Norfolk Island Act 1979

 1A Alteration of Item 36 in Schedule 2 to the Norfolk Island Act 1979

 1B Repeal of Item 40 in Schedule 2 to the Norfolk Island Act 1979

 2 Alteration of Item 42 in Schedule 2 to the Norfolk Island Act 1979

 3 Addition of items to Schedule 2 to the Norfolk Island Act 1979

 4 Alteration of Item 2 in Schedule 3 to the Norfolk Island Act 1979

 5 Addition of items to Schedule 3 to the Norfolk Island Act 1979

Notes 

 

 

 

 

 

1 Citation [see Note 1]

  These Regulations may be cited as the Norfolk Island (Exercise of Powers) Regulations.

1AA Alteration of Item 10 in Schedule 2 to the Norfolk Island Act 1979

  Item 10 in Schedule 2 to the Norfolk Island Act 1979 is altered by omitting ‘(other than mining or fishing)’.

1AB Repeal of Item 17 in Schedule 2 to the Norfolk Island Act 1979

  Item 17 in Schedule 2 to the Norfolk Island Act 1979 is repealed.

1A Alteration of Item 36 in Schedule 2 to the Norfolk Island Act 1979

  Item 36 in Schedule 2 to the Norfolk Island Act 1979 is altered by omitting ‘Telephone and postal’ and substituting ‘Postal’.

1B Repeal of Item 40 in Schedule 2 to the Norfolk Island Act 1979

  Item 40 in Schedule 2 to the Norfolk Island Act 1979 is repealed.

2 Alteration of Item 42 in Schedule 2 to the Norfolk Island Act 1979

  Item 42 in Schedule 2 to the Norfolk Island Act 1979 is altered by omitting all the words after ‘force’ and substituting ‘in the Territory other than a matter that relates to immigration or the operation of the Immigration Act 1980 of the Territory’.

3 Addition of items to Schedule 2 to the Norfolk Island Act 1979

  Schedule 2 to the Norfolk Island Act 1979 is amended by adding at the end the following items:

 ‘43. Public Service of the Territory.

 44. Public works.

 45. Lotteries, betting and gaming.

 46. Civil defence and emergency services.

 47. Territory archives.

 48. The provision of telecommunications services (within the meaning of the Telecommunications Act 1989) and the prescribing of rates of charge for those 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.

 75. Remuneration, allowances and other entitlements in respect of services of members of the Legislative Assembly, members of the Executive Council and other offices in or in connection with the Legislative Assembly that can be held only by members of the Assembly.

 76. Prices and rent control.

 77. Printing and publishing.

 78. Public utilities.

 79. Housing.

 80. Community and cultural affairs.

 81. Industry (including forestry and timber, pastoral, agricultural, building and manufacturing).

 82. Mining and minerals, (excluding uranium or other prescribed substances within the meaning of the Atomic Energy Act 1953 and regulations under that Act as in force from time to time), within all the land of the Territory above the low-water mark.

 83. Provision of rural, industrial and home finance credit and assistance.

 84. Scientific research.

 85. Legal aid.

 86. Corporate affairs.

 87. Censorship.

 88. Child, family and social welfare.

 89. Regulation of businesses and professions.

 90. The legal profession.

 91. Maintenance of law and order and the administration of justice.

 92. Correctional services.

 93. Private law.’.

4 Alteration of Item 2 in Schedule 3 to the Norfolk Island Act 1979

  Item 2 in Schedule 3 to the Norfolk Island Act 1979 is altered by omitting ‘other than’ and substituting ‘including’.

5 Addition of items to Schedule 3 to the Norfolk Island Act 1979

  Schedule 3 to the Norfolk Island Act 1979 is amended by adding at the end 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.’.

Notes to the Norfolk Island (Exercise of Powers) Regulations

Note 1

The Norfolk Island (Exercise of Powers) Regulations (in force under the Norfolk Island Act 1979) as shown in this compilation comprise Statutory Rules 1981 No. 153 amended as indicated in the Tables below.

Table of Statutory Rules

Year and
number

Date of notification
in Gazette

Date of
commencement

Application, saving or
transitional provisions

1981 No. 153

23 June 1981

23 June 1981

 

1984 No. 33

8 Mar 1984

8 Mar 1984

—

1985 No. 173

19 July 1985

19 July 1985

—

1989 No. 268

6 Oct 1989

6 Oct 1989

—

1992 No. 164

25 June 1992

25 June 1992

—

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Rr. 1AA, 1AB...........

ad. 1992 No. 164

R. 1A................

ad. 1989 No. 268

R. 1B................

ad. 1989 No. 268

 

rs. 1992 No. 164

R. 2.................

rs. 1984 No. 33

 

am. 1989 No. 268

R. 3.................

ad. 1985 No. 173

 

am. 1989 No. 268; 1992 No. 164

Rr. 4, 5...............

ad. 1989 No. 268

 

Overview

The Norfolk Island (Exercise of Powers) Regulations, enacted in 1981 and subsequently amended, are legislative instruments made under the Norfolk Island Act 1979. These regulations address the need to clarify and expand the scope of powers exercisable by the Norfolk Island Administration, thereby ensuring effective governance and administration of the island. Enacted by the Australian federal government, these regulations aim to provide a comprehensive framework for the exercise of powers in various domains such as public service, public works, telecommunications, health, and more. By detailing the specific powers and areas of authority, the regulations aim to enhance administrative efficiency and public service delivery on Norfolk Island.

Scope and Application

The Norfolk Island (Exercise of Powers) Regulations, made under the Norfolk Island Act 1979, govern the exercise of powers in Norfolk Island and affect a broad range of entities, including individuals, businesses, and the Norfolk Island Administration. The scope of the regulations encompasses various aspects of governance and administration, including public service, public works, lotteries, civil defence, public health, and economic activities such as fishing, mining, and agriculture, while excluding certain areas such as immigration and certain quarantine measures. The geographic reach of these regulations is limited to Norfolk Island, ensuring that the powers exercised comply with the unique administrative framework of the island. The regulations also outline specific exclusions and alterations to the Norfolk Island Act 1979, such as the repeal of certain items and the addition of new items to Schedules 2 and 3, thereby extending or restricting the application of the Act through subordinate instruments.

Key Provisions

The Norfolk Island (Exercise of Powers) Regulations provide several amendments to Schedule 2 and Schedule 3 of the Norfolk Island Act 1979, detailing the specific powers and responsibilities exercised by the Norfolk Island Administration. These changes primarily focus on the scope and extent of the administration's authority over various aspects of governance on the island. For instance, Section 1AA amends Item 10 in Schedule 2 by removing the exclusion of mining and fishing from the administration's purview, thus expanding its jurisdiction in these areas. Similarly, Section 1A modifies Item 36 by removing "Telephone and postal" and substituting "Postal," thereby altering the specific powers related to postal services. The Regulations impose several obligations on the Norfolk Island Administration. These include ensuring that their exercise of power aligns with the amendments and additions specified in the Regulations. For example, by repealing certain items and adding new ones to Schedule 2, the Regulations necessitate that the Administration adapt its operations to include or exclude specific areas of governance as detailed. This includes areas such as public service, public works, lotteries, and more, as listed in the additions to Schedule 2. Breaches of these Regulations may have legal consequences. Although the specific penalties for non-compliance are not detailed within the Regulations themselves, violations of the Norfolk Island Act 1979 or any subsidiary legislation, including these Regulations, could potentially lead to legal action. Penalties might range from fines to more severe sanctions depending on the nature and severity of the breach, and would be determined in accordance with the provisions of the Norfolk Island Act 1979 and other relevant legislation. The precise penalties would be outlined in the primary Act or other applicable laws, but the Regulations ensure that the Administration's powers are clearly defined and restricted to prevent unlawful exercise of authority.

Legal classification tags

Area of Law
Administrative Law
Instrument
Regulation
Concepts
Delegated & Subordinate Legislation
Repeal & Amendment
Addition of items to Schedule

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.