Norfolk Island Legislation Amendment (Fees) Ordinance 2018

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

Legislation au F2018L00697 Not in force Legislative Instrument

Legislation content

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.

 

 

Overview

The Norfolk Island Legislation Amendment (Fees) Ordinance 2018 was introduced to address a gap in the current legislative framework governing fee setting for local and state-type services on Norfolk Island. Enacted by the Minister for Regional Development, Territories and Local Government under the Norfolk Island Act 1979, this Ordinance aims to empower the Norfolk Island Regional Council (NIRC) to set fees for services it provides, which were previously prescribed by ordinance and could only be altered through legislative amendments. By allowing the NIRC to set these fees, the Ordinance streamlines the fee adjustment process, ensuring it aligns more closely with the council's operational needs and responsibilities. The policy objective is to enhance the efficiency and flexibility of local governance on Norfolk Island, reducing the administrative burden on both the council and the federal government.

Scope and Application

The Norfolk Island Legislation Amendment (Fees) Ordinance 2018 applies to the Territory of Norfolk Island, amending the Norfolk Island Applied Laws Ordinance 2016 and the Norfolk Island Continued Laws Ordinance 2015 to allow the Norfolk Island Regional Council (NIRC) to set fees for local and state type services provided by the Council. This amendment provides the NIRC with the flexibility to determine fees for services rather than having them prescribed in, and changeable only by, ordinance. The geographic and jurisdictional reach of the Ordinance is limited to Norfolk Island, and it does not extend beyond the island’s legislative framework. The Ordinance specifies that the amendments apply to services provided on or after 1 July 2018, regardless of when an application or request for the service was made. This change is expected to have minimal effect on the community and will be announced by the Administrator in a media release. The compatibility of the Ordinance with human rights has been affirmed, as it does not engage any of the applicable rights or freedoms under the Human Rights (Parliamentary Scrutiny) Act 2011.

Key Provisions

The Norfolk Island Legislation Amendment (Fees) Ordinance 2018, under section 19A of the Norfolk Island Act 1979, primarily modifies the Norfolk Island Applied Laws Ordinance 2016 and the Norfolk Island Continued Laws Ordinance 2015. These amendments enable the Norfolk Island Regional Council (NIRC) to set fees for various services provided by it. This includes both local and state type services, which were previously prescribed in ordinances and could only be altered through further legislative action (Section 2, Schedule 1). These changes place obligations on the NIRC to ensure that the fees are set in accordance with the fee-making mechanisms established under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW)(NI). The NIRC is responsible for determining these fees and ensuring they are consistent with the legislative framework, as well as ensuring that any new fees do not contravene existing enactments unless specified otherwise (Schedule 1, Part 1, Item 44A; Schedule 1, Part 2, Item 375). Additionally, the NIRC must comply with the special rules outlined in the Interpretation Act 1979 (NI) for setting these fees, particularly when services are provided after 1 July 2018 (Schedule 1, Part 1, Item 12BA). Failure to comply with the provisions of the Ordinance could potentially lead to civil or administrative consequences. However, the Ordinance itself does not explicitly outline specific penalties or enforcement mechanisms. Given the nature of the amendments, non-compliance might result in the fees being deemed invalid or unenforceable, leading to potential disputes over service charges and recovery of fees. Additionally, if the NIRC fails to set fees in accordance with the legislative framework, it might face challenges in enforcing the fees, which could impact the financial sustainability of the services provided. The Ordinance is designed to ensure that the NIRC has the flexibility to manage its finances better by allowing it to adapt service fees in response to changing circumstances. This autonomy is expected to have minimal effects on the community, as the primary purpose is to streamline the fee-setting process rather than to impose new financial burdens. The changes will be announced by the Administrator through a media release once the Ordinance is registered and commences.

Legal classification tags

Area of Law
Local Government Law
Instrument
Ordinance
Concepts
Definitions & Interpretation
Reporting & Disclosure Obligations
Fees & Charges

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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.