EXPLANATORY STATEMENT
Issued by the authority of the Assistant Minster for Infrastructure and Regional Development
Norfolk Island Legislation Amendment Act 2015
Norfolk Island Legislation Amendment Commencement Proclamation 2015
Item 2 of the table in subsection 2(1) of the Norfolk Island Legislation Amendment Act 2015 (the Act) provides that Part 1 of Schedule 1 of the Act commences on a day to be fixed by proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day the Act receives the Royal Assent, they commence on the day after the end of that period. The Act received the Royal Assent on 26 May 2015.
The Proclamation fixes 18 June 2015 as the day on which Part 1 of Schedule 1 to the Act commences.
The Act provides the necessary framework for the sustainable economic and social development of the Norfolk Island community. This Act reforms the governance arrangements for Norfolk Island and extends federal taxation and social security. These reforms satisfy the Australian Government’s election commitment on Norfolk Island and ensure that those Australians who live on Norfolk Island have the same obligations and receive the same access to benefits as other Australians.
Part 1 of Schedule 1 of the Act establishes the interim transition period. The interim transition period enables the Commonwealth to prepare the community for the introduction of tax and social security and the introduction of the final governance model. The Norfolk Island Legislative Assembly and Executive Council will cease to exist on commencement of the interim transition period. The Norfolk Island Advisory Council will also be created as an interim consultative body on the commencement of this period. Legislative powers are conferred on the Governor-General and judicial arrangements are preserved without change.
The interim transition time continues until 1 July 2016, at which point Part 1 of Schedule 2 of the Act commences and establishes the final transition time. At the final transition time, the Norfolk Island Administration will transition to a regional council model and federal taxation and social security will commence.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003. However, the Proclamation is not subject to the disallowance provisions of the Legislative Instruments Act 2003, by application of item 42 of subsection 44(2) of that Act.