EXPLANATORY STATEMENT
Ordinance No. , 2018
Issued by the authority of the Minister for Regional Development, Territories and Local Government
Norfolk Island Act 1979
Norfolk Island Legislation Amendment (Fees) Ordinance 2018
Authority
The Norfolk Island Act 1979 (the Act) provides for the Government of the Territory of Norfolk Island.
Section 19A of the Act provides that the Governor-General may make Ordinances for the peace, order and good government of the Territory of Norfolk Island.
The Norfolk Island Legislation Amendment (Fees) Ordinance 2018 (the Ordinance) is made under section 19A of the Act. The Ordinance amends the Norfolk Island Applied Laws Ordinance 2016 and the Norfolk Island Continued Laws Ordinance 2015 with the effect of amending the Local Government Act 1993 (NSW)(NI) and the Interpretation Act 1979 (NI).
Purpose and operation
The Ordinance amends relevant laws to allow fees for local and state type services provided by the Norfolk Island Regional Council (NIRC) to be set by the NIRC. Most of these fees are currently prescribed in, and can only be changed by, ordinance.
Consultation
The department worked with the General Manager and executive team of the NIRC to ensure that the proposed changes are appropriate and fall within the scope of the NIRC’s responsibilities.
In accordance with the Legislation Consultation Framework, the changes are expected to have minimal effect on the community and, once made, will be announced by the Administrator in a media release.
Details of the Ordinance are set out in the Attachment.
The Ordinance is a legislative instrument for the purposes of the Legislation Act 2003.
The Ordinance commences the day after it is registered.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Norfolk Island Legislation Amendment (Fees) Ordinance 2018
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 Legislative Instrument
The Norfolk Island Legislation Amendment (Fees) Ordinance 2018 amends relevant laws to allow fees for local and state type services provided by the Norfolk Island Regional Council (NIRC) to be set by the NIRC. Most of these fees are currently prescribed in, and can only be changed by, ordinance.
Human rights implications
This Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
Minister for Regional Development, Territories and Local Government,
The Hon Dr John McVeigh MP
ATTACHMENT
Norfolk Island Legislation Amendment (Fees) Ordinance 2018
Section 1 – Name
This section provides that the title of the Ordinance is the Norfolk Island Legislation Amendment (Fees) Ordinance 2018.
Section 2 – Commencement
This section provides the Ordinance commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the Ordinance is made under section 19A of the Norfolk Island Act 1979.
Section 4 – Schedules
This section provides that each instrument that is specified in a Schedule to the Ordinance is amended or repealed as set out in the applicable terms in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.
Schedule 1 – Amendments
Part 1 – Amendments
Norfolk Island Applied Laws Ordinance 2016
Item 1 – After item 44 of Schedule 4
This item inserts provisions into the Norfolk Island Applied Laws Ordinance 2016 (the Applied Laws Ordinance) to make amendments to the Local Government Act 1993 (NSW)(NI) (the Local Government Act).
New item 44A inserts the words “, any other law in force in the Territory of Norfolk Island” into Subsection 608(2) of the Local Government Act.
This has the effect of providing the Norfolk Island Regional Council the power to charge and recover a range of fees for services provided for in Norfolk Island continued laws pursuant to the fee making mechanism established under Part 10 of the Local Government Act.
New item 44B inserts a note at the end of section 610 of the Local Government Act clarifying laws continued in force by section 16 or 16A of the Norfolk Island Act 1979 that do not impose fees are not Acts for the purposes of section 610.
Norfolk Island Continued Laws Ordinance 2015
Item 2 – At the end of item 167 of Schedule 1
This item inserts provisions into the Norfolk Island Continued Laws Ordinance 2015 (the Continued Laws Ordinance) to amend the application of the Interpretation Act 1979 (NI).
New item 12BA adds special rules relating to fees for services provided by the Norfolk Island Regional Council.
The provisions apply when the Norfolk Island Regional Council determines the amount of a fee in accordance with Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI), for a service provided by the Council despite an enactment. In this case the enactment has no effect to the extent that that Part is inconsistent (within the meaning of section 18A of the Norfolk Island Act 1979) and fees payable for the service are those determined under that Part, despite an enactment.
Part 2 – Application of amendments
Norfolk Island Continued Laws Ordinance 2015
Item 1 – In the appropriate position in part 2 of Schedule 1
This item inserts a new Division 14—Application provisions relating to the Norfolk Island Legislation Amendment (Fees) Ordinance 2018 into the Norfolk Island Continued Laws Ordinance 2015.
New item 375 applies Subsection 12BA(2) of the Interpretation Act 1979 (NI) in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).
This ensures fees for services prescribed by Norfolk Island Regional Council can apply to services provided on or after 1 July 2018 whether or not an application or request for the service is made before, on or after that day.