Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Norfolk Island Act 1979, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Introduced Senate 31 Mar 1999

Norfolk Island Amendment Bill 1999
First Reading

1998-99

The Parliament of the

Commonwealth of Australia

THE SENATE

Presented and read a first time

Norfolk Island Amendment Bill 1999

No. , 1999

(Regional Services, Territories and Local Government)

A Bill for an Act to amend the Norfolk Island Act 1979, and for related purposes

ISBN 0642392307

Contents

A Bill for an Act to amend the Norfolk Island Act 1979, and for related purposes

The Parliament of Australia enacts:

1 Short title This Act may be cited as the Norfolk Island Amendment Act 1999.

2 Commencement This Act commences on the 28th day after the day on which it receives the Royal Assent.

3 Schedule(s) Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1--Amendment of the Norfolk Island Act 1979

1 Subsection 9(1)

Omit all the words after "by" (first occurring), substitute "the Minister by instrument".

2 Subsection 10(3)

Omit "this section", substitute "subsection (1)".

3 At the end of section 10

Add:

(4) An oath or affirmation made by a person under subsection (2) must be made before the Minister, a Judge of the Supreme Court or of another court created by the Parliament, or a person authorised by the Minister for the purpose, and may be made before the day on which the person's appointment takes effect.

4 At the end of paragraphs 19(2)(a) and (c)

Add "or".

5 After paragraph 38(b)

Insert:

and (ba) he or she is an Australian citizen; and

6 At the end of paragraphs 39(2)(a) and (c)

Add "or".

7 After paragraph 39(2)(d)

Insert:

(da) he or she ceases to be an Australian citizen; or

8 Application of item 7

The amendment made by item 7 applies to a person who is elected as a member of the Legislative Assembly on or after the commencement of this Act.

9 After Division 1 of Part V

Insert:

Division 1A--Qualifications of electors 39A Entitlement to enrolment on the electoral roll (1) A person is entitled to enrolment if, at the time of applying for enrolment, the person:

(a) is at least 18; and

(b) is an Australian citizen; and

(c) has been ordinarily resident within the Territory for 6 months immediately before the application.

(2) A person whose name has been removed from the electoral roll under paragraph 7(1)(b) or (c) of the Legislative Assembly Act 1979 (Norfolk Island) is entitled to enrolment if, at the time of applying for enrolment, the person:

(a) is an Australian citizen; and

(b) has been present in the Territory for 150 days of the 240 days immediately

Back to Top

before the application.

(3) However, if:

(a) a person has been convicted of an offence against a law of the Commonwealth, a State or a Territory; and

(b) the person is under sentence of imprisonment for one year or longer;

the person is not entitled to enrolment under this section during the period of imprisonment.

(4) This section has effect despite subsections 6(1) and (2) of the Legislative Assembly Act 1979 (Norfolk Island).

39B Entitlement to vote A person whose name is on the electoral roll is entitled to vote at elections of members of the Legislative Assembly.

39C Alteration of the electoral roll (1) The Returning Officer must cause the name of a person who ceases to be an Australian citizen to be removed from the electoral roll.

(2) Subsection (1) applies in addition to the requirements of section 7 of the Legislative Assembly Act 1979 (Norfolk Island).

39D Definitions In this Division:

electoral roll means the electoral roll referred to in section 5 of the Legislative Assembly Act 1979 (Norfolk Island).

enrolment means enrolment on the electoral roll.

Returning Officer means a person appointed under section 11 of the Legislative Assembly Act 1979 (Norfolk Island).

10 Application of item 9

The amendment made by item 9 applies in relation to a person who makes an application for enrolment on the electoral roll on or after the commencement of this Act.

11 Item 25 of Schedule 2

Repeal the item.

12 At the end of item 26 of Schedule 2

Add "(other than ammunition)".

13 At the end of Schedule 3

Add:

11. Firearms and ammunition.

14 The whole of the Act

Amend so that every occurrence of "he" is followed once by "or she".

15 The whole of the Act

Amend so that every occurrence of "him" is followed once by "or her".

16 The whole of the Act

Amend so that every occurrence of "himself" is followed once by "or herself".

17 The whole of the Act

Amend so that every occurrence of "his" is followed once by "or her".