Norfolk Island Regulations 2021

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

Legislation au F2021L01817 Regulations In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued by the authority of the Assistant Minister for Regional Development and Territories, Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

 

Norfolk Island Act 1979

 

Norfolk Island Regulations 2021

 

Authority

 

The Norfolk Island Act 1979 (the Act) provides for the governance of the Territory of Norfolk Island (Norfolk Island). Subsection 5(2)(a) of the Norfolk Island Act provides for regulations to be made for the purpose of prescribing a State or Territory (other than Norfolk Island) to be an applied law jurisdiction.

 

The Norfolk Island Regulations 2021 (the Regulations) are made under paragraph 5(2)(a) of the Act.

 

Purpose and operation

 

The Regulations prescribe the State of Queensland as an applied law jurisdiction. Under subsection 18A(1) of the Act, the laws of an applied law jurisdiction are in force in Norfolk Island. The purpose of prescribing Queensland as an applied law jurisdiction is to enable the laws of Queensland to operate in Norfolk Island to support the delivery of state-type services (such as health and education) by the Queensland Government.

 

When the Regulations commence on 1 January 2022 the laws of the State of Queensland will be in force in Norfolk Island unless their operation is suspended by a section 19A Ordinance under subsection 18A(3) of the Act. The operation of the majority of applied Queensland laws will be suspended by a section 19A Ordinance commencing at the same time as the Regulations. Those laws to be in force to support service delivery by Queensland will be specified in the Ordinance or by additional legislative instrument.

 

Consultation

 

The Queensland Government was consulted about the Regulations.

 

Other

 

The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

 

The Regulations commence 1 January 2022.

 

Details of the Regulations are set out in the Attachment.

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Norfolk Island Regulations 2021

 

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 Regulations

 

Purpose and operation

 

The Regulations prescribe the State of Queensland as an applied law jurisdiction. Under subsection 18A(1) of the Norfolk Island Act 1979 (the Act), the laws of an applied law jurisdiction are in force in Norfolk Island. The purpose of prescribing Queensland as an applied law jurisdiction is to enable the laws of Queensland to operate in Norfolk Island to support the delivery of state-type services (such as health and education) by the Queensland Government.

 

When the Regulations commence on 1 January 2022 the laws of the State of Queensland will be in force in Norfolk Island unless their operation is suspended by a section 19A Ordinance under subsection 18A(3) of the Act. The operation of the majority of applied Queensland laws will be suspended by a section 19A Ordinance commencing at the same time as the Regulations. Those laws to be in force to support service delivery by Queensland will be specified in the Ordinance or by additional legislative instrument.

 

Human rights implications

 

The Regulations do not engage any of the applicable rights or freedoms.

 

Conclusion

 

The Regulations are compatible with human rights as they do not raise any human rights issues.

 

Assistant Minister for Regional Development and Territories,

Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

 

The Hon Nola Marino MP


ATTACHMENT—NOTES ON CLAUSES

 

This attachment explains the operation of individual provisions in the Norfolk Island Regulations 2021.

 

Part 1—Preliminary

 

Section 1 – Name

 

Section 1 provides that the name of the Regulations is the Norfolk Island Regulations 2021 (the Regulations).

 

Section 2 – Commencement

 

This section provides for the Regulations to commence on 1 January 2022.

 

Section 3 – Authority

 

Section 3 provides that the Regulations are made under the Norfolk Island Act 1979.

 

Section 4 – Definitions

 

This section provides that in this instrument Act means the Norfolk Island Act 1979 (the Act).

 

Part 2—Applied law jurisdiction

 

Section 5 – Applied law jurisdiction

 

Section 5 provides that for the purposes of paragraph 5(2)(a) of the Act, Queensland is an applied law jurisdiction. Under subsection 18A(1) of the Act, the laws of an applied law jurisdiction are in force in Norfolk Island.

 

Overview

The Norfolk Island Regulations 2021 were made under the Norfolk Island Act 1979 to address the legislative governance of Norfolk Island, specifically to facilitate the delivery of state-type services by the Queensland Government. Enacted by the Assistant Minister for Regional Development and Territories, these regulations aim to streamline the legal framework by enabling Queensland laws to operate on Norfolk Island, thereby providing a more efficient governance structure. The policy objective behind these regulations is to support the delivery of essential services, such as health and education, by leveraging Queensland's existing legal infrastructure. Upon commencement on 1 January 2022, the laws of Queensland will apply to Norfolk Island, unless otherwise specified by a section 19A Ordinance under the Norfolk Island Act. This legislative move is intended to enhance service delivery and operational efficiency while maintaining compatibility with human rights.

Scope and Application

The Norfolk Island Act 1979 provides for the governance of Norfolk Island, with the Norfolk Island Regulations 2021 specifying the State of Queensland as an applied law jurisdiction. This means that, with effect from 1 January 2022, the laws of Queensland will be in force on Norfolk Island unless they are suspended by a section 19A Ordinance under the Norfolk Island Act. The primary objective of these regulations is to facilitate the delivery of state-type services such as health and education by the Queensland Government on Norfolk Island. The application of these regulations is limited to Norfolk Island, and the specific laws from Queensland that will be operational are to be detailed in the Ordinance or through additional legislative instruments. The compatibility of these regulations with human rights has been affirmed, as they do not engage any applicable rights or freedoms, thereby ensuring no adverse human rights implications.

Key Provisions

The Norfolk Island Regulations 2021 are a legislative instrument made under the Norfolk Island Act 1979, which governs the Norfolk Island territory. The primary purpose of these Regulations, outlined in section 5, is to designate Queensland as an applied law jurisdiction. This means that, pursuant to subsection 18A(1) of the Act, the laws of Queensland will be in force in Norfolk Island, effective from 1 January 2022, unless specifically suspended by a section 19A Ordinance under subsection 18A(3) of the Act. The primary intent behind this is to facilitate the delivery of state-type services such as health and education by the Queensland Government to Norfolk Island. The Regulations impose specific obligations on the parties involved. For instance, they require the Queensland Government to ensure that the laws designated for application in Norfolk Island are effectively implemented. Additionally, the Regulations mandate that the majority of applied Queensland laws will be suspended by a section 19A Ordinance, which will also commence on 1 January 2022. The specific laws that will remain in force to support service delivery will be detailed in the Ordinance or through additional legislative instruments. In terms of compliance, the Regulations outline several potential consequences for breaches. While the Norfolk Island Regulations 2021 themselves do not explicitly state penalties, any breach of the laws from Queensland that are in force in Norfolk Island would be subject to the penalties and consequences as prescribed by Queensland law. Therefore, any individual or entity found in violation of these laws could face the same penalties as they would within Queensland. This includes both civil and criminal consequences, with the maximum penalties varying depending on the specific laws and the nature of the breach.

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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.