Federal Register of Legislation - Australian Government

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Ordinance No. 1, 2015 Ordinances/Norfolk Island as made
This Ordinance authorises the Administration of Norfolk Island to expend money out of the Public Account of Norfolk Island, for the purposes outlined in Schedule 1 to the Ordinance, consistent with the requirements of subsection 48(1) of the Norfolk Island Act 1979.
Administered by: Infrastructure and Regional Development
Made 17 Jun 2015
Registered 17 Jun 2015
Tabled HR 22 Jun 2015
Tabled Senate 22 Jun 2015

EXPLANATORY STATEMENT

Ordinance No. 1, 2015

Issued by the authority of the Assistant Minister for Infrastructure and Regional Development

Norfolk Island Act 1979

Norfolk Island Appropriation Ordinance 2015-2016

Authority

The Governor-General has made this Ordinance in accordance with the power granted to him under section 19A of the Norfolk Island Act 1979, to make Ordinances for the peace, order and good government of the Territory.

Purpose and operation

The purpose of this Ordinance is to authorise the Administration of Norfolk Island to expend money out of the Public Account of Norfolk Island, for the purposes outlined in Schedule 1 of the Ordinance, consistent with the requirements of subsection 48(1) of the Norfolk Island Act 1979.

Subsection 48(1) of the Norfolk Island Act 1979 requires money in the Public Account to only be expended if authorised by appropriation. An appropriation for 2015-16 needs to be in place by 1 July 2015 in order to permit the Administration of Norfolk Island to fund its ongoing operation and the delivery of essential services on Norfolk Island.

Prior to the commencement of the Norfolk Island Legislation Amendment Act 2015 the Norfolk Island Legislative Assembly and Executive Council had the responsibility for the enactment of an appropriation. The Norfolk Island Legislative Assembly and Executive Council ceased to exist on the commencement of this Act. The Norfolk Island Legislative Assembly did not enact an appropriation Bill for 2015-16 prior to its cessation.

This Ordinance provides the Administration of Norfolk Island with the Authority to expend money out of the Public Account, for the purposes specified in Schedule 1 of the Ordinance.

Consultation

As the outcomes of the Ordinance are largely machinery in nature and are the result of the arrangements introduced by the Norfolk Island Legislation Amendment Act 2015, public consultation was not undertaken.

Statement of compatibility with human rights

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

The 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.

The instrument does not engage any of the applicable rights or freedoms. It is compatible with human rights as it does not raise any human rights issues.

Detailed description of the Ordinance

Section 1 – Name

This section provides that the title of the Ordinance is the Norfolk Island Appropriation Ordinance 2015-16

Section 2 – Commencement

This section provides the whole of the Ordinance, including Schedule 1, will commence on 1 July 2015.

Section 3 – Authority

This section provides that the Ordinance is made under the Norfolk Island Act 1979.

Section 4 – Authority for expenditure

This section provides that the Administration of Norfolk Island has the authority to expend money from the Public Account of Norfolk Island.

This clause permits the Administration of Norfolk Island to expend money for a 12 month period ending on 30 June 2016, for the purposes and in the amounts specified in Schedule 1 of the Ordinance.

Section 5 – Powers of Administrator

This section provides the Administrator, subject to any instructions given by the responsible Commonwealth Minister, with the power to give directions, should they be necessary, for the purpose of ensuring that expenditure authorised by this Ordinance is made.

Schedule 1 – Appropriations

Schedule 1 provides for the inclusion of a budget for the 12 month period ending on 30 June 2015. The preparation of an annual budget is a requirement under section 48A of the Norfolk Island Act 1979 and specifies for what purpose the Administration of Norfolk Island can expend money.

The Norfolk Island Legislation Amendment Act 2015 inserts a new section 19A into the Norfolk Island Act 1979 which allows for the Governor-General to make Ordinances for the peace, order and good government of Norfolk Island, without needing to satisfy any other conditions. This provision commenced on proclamation of the Norfolk Island Legislation Amendment Act 2015 which occurred on 18 June 2015.