Schedule 1—Amendments
Part 1—Amendments
Absentee Landowners Levy Act 1976 (Norfolk Island)
1A At the end of subparagraphs 6A(2)(b)(i) and (ii)
Add “and”.
1B Subparagraph 6A(2)(b)(iii)
Repeal the subparagraph.
1C Paragraph 21A(1)(b)
Omit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.
Administration and Probate Act 2006 (Norfolk Island)
1 Subsection 83(3)
Repeal the subsection.
Administrative Review Tribunal Act 1996 (Norfolk Island)
1AAA Subsection 3(1)
Insert:
enactment means:
(a) a section 19A Ordinance (within the meaning of the Norfolk Island Act 1979 of the Commonwealth); or
(b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of that Act, as the Ordinance is in force from time to time; or
(c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time; or
(d) a New South Wales law as in force in Norfolk Island under section 18A of that Act.
1AA Subsection 13(1)
Omit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.
1AB At the end of subsection 15(1)
Add “(other than a decision made in the exercise of a power, function or duty vested in the Commonwealth Minister by section 18B of the Norfolk Island Act 1979 of the Commonwealth)”.
2 After subsection 15(1)
Insert:
(1A) To avoid doubt, an enactment made before the interim transition time does not contravene subsection (1) merely because of the effect of Schedule 1 to the Interpretation Act 1979 on the enactment.
Note: At and after the interim transition time, that Schedule has the effect that the Commonwealth Minister may make under an enactment a decision that, before that time, could only be made by a Minister or the Administrator. That Schedule does not prevent such a decision made by the Commonwealth Minister from being reviewable by the Tribunal.
2A Subsection 24(4)
Omit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.
Annual Reports Act 2004 (Norfolk Island)
3 Subsection 5(1)
After “prepare”, insert “and give to the Commonwealth Minister”.
3A Section 5 (notes)
Repeal the notes.
3B Subsection 6(1)
After “prepare”, insert “and give to the Commonwealth Minister”.
4 Section 7
Repeal the section.
5 Subsection 8(1)
Omit “Minister”, substitute “Commonwealth Minister”.
6 Subsection 8(2)
Repeal the subsection.
7 Paragraph 8(3)(e)
Omit “responsible Minister for the report”, substitute “Commonwealth Minister”.
8 Subsections 8(4) and (5)
Repeal the subsections.
9 Parts 3 and 4
Repeal the Parts.
10 Subsections 14(1) and (2)
Omit “Minister”, substitute “Commonwealth Minister”.
11 Subsection 14(3)
Repeal the subsection.
12 Subsection 15(2)
Omit “, and presentation of the report to the Legislative Assembly, is taken to comply with the requirements of this Act about the preparation and presentation”, substitute “complies with the requirements of this Act about the preparation”.
13 Section 17
Repeal the section.
14 Section 18 (paragraph (c) of the definition of annual report)
Omit “report; or”, substitute “report.”.
15 Section 18 (paragraph (d) of the definition of annual report)
Repeal the paragraph.
16 Section 18 (definition of financial year)
Repeal the definition, substitute:
financial year means a period from 1 July in a year to the following 30 June.
Note: See also subsection 6(3).
17 Section 18 (paragraph (c) of the definition of public sector agency)
Omit “agency”, substitute “agency.”.
18 Section 18 (definition of public sector agency)
Omit “and includes the Public Service Board.”.
19 Section 18 (definition of responsible Minister)
Repeal the definition.
20 Section 18 (definition of Speaker)
Repeal the definition.
21 Section 18 (paragraph (a) of the definition of territory instrumentality)
After “are”, insert “or were”.
22 Section 18 (paragraph (b) of the definition of territory instrumentality)
Omit “an Minister”, substitute “the Commonwealth Minister”.
Associations Incorporation Act 2005 (Norfolk Island)
22A Subsection 4(1)
Omit “under the Public Sector Management Act 2000,”.
Bail Act 2005 (Norfolk Island)
22B Subsection 28(5)
Omit “administering the Immigration Act 1980”.
Bankruptcy Act 2006 (Norfolk Island)
22C Paragraph 121(1)(c)
Omit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.
22D Paragraph 121(1)(d)
Omit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.
Bookmakers and Betting Exchange Act 1998 (Norfolk Island)
23 Subsection 4(2)
Omit “within the power of the Legislative Assembly”, substitute “possible”.
24 Division 4 of Part 2
Repeal the Division.
Building Act 2002 (Norfolk Island)
24A Subsection 5(1) (definition of Chief Executive Officer)
Repeal the definition.
24B Subsection 62(3) (paragraph (e) of the definition of official)
Omit “within the meaning of the Public Sector Management Act 2000”, substitute “in the public service”.
Business Transactions (Administration) Act 2006 (Norfolk Island)
25 Section 2A (heading)
Repeal the heading, substitute:
2A Purpose
26 Subsection 2A(1)
Omit “(1)”.
27 Subsection 2A(2)
Repeal the subsection.
Business Transactions (Levy Imposition) Act 2006 (Norfolk Island)
28 Section 2A
Repeal the section.
28A Schedule 2 (at the end of the table)
Add:
| 12. | An instrument effecting or evidencing the conveyance of leviable property if: (a) the transfer does not involve a change in beneficial ownership; and (b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017. |
Child Welfare Act 2009 (Norfolk Island)
29 Subsection 15(1) (note)
Omit “and see also Interpretation Act 1979 s. 36”.
29A Paragraph 24(1)(d)
Repeal the paragraph.
30 Subsection 24(2) (note)
Repeal the note.
31 Section 32 (note)
Omit “Interpretation Act 1979 ss. 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.
32 Subsections 145(5) and 185(3)
Repeal the subsections.
33 Subsection 195(1)
Omit “(1)”.
34 Subsections 195(2) and 196(3)
Repeal the subsections.
35 Subsection 197(1) (note)
Repeal the note.
36 Dictionary (note 2)
Omit “• disallowable instrument (see s 41A)”.
37 Dictionary (note 3)
Omit “• Minister”.
Companies Act 1985 (Norfolk Island)
38 Section 3
Omit “the legislative powers of the Legislative Assembly permit,”, substitute “possible,”.
39 Subsection 608F(3)
Repeal the subsection.
40 Subsection 608H(7)
Omit “Such guidelines are a disallowable instrument for the purposes of section 41A of the Interpretation Act 1979.”.
41 Subsection 608I(1)
Omit “Such a notification is a disallowable instrument for the purposes of section 41A of the Interpretation Act 1979.”.
42 Subsection 608I(4)
Omit “Such an exemption is a disallowable instrument for the purposes of section 41A of the Interpretation Act 1979.”.
Coroners Act 1993 (Norfolk Island)
43 Paragraph 11(1)(m)
Omit “, in accordance with the advice of the Executive Council,”.
43A Subparagraph 11(1A)(b)(i)
Omit “such as being a permanent resident or the holder of a permit under the Immigration Act 1980”.
Court of Petty Sessions Act 1960 (Norfolk Island)
43B Paragraph 246A(4)(d)
Omit “Public Service of Norfolk Island”, substitute “public service”.
Court Procedures Act 2007 (Norfolk Island)
44 Subsection 8(2) (note)
Omit “s. 20B”.
45 At the end of subsection 8(4)
Add “for the purposes of section 41A of the Interpretation Act 1979”.
46 Subsection 8(4) (note)
Repeal the note.
47 Subsection 10(3) (note)
Omit “the Interpretation Act 1979, 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979”.
48 Subsection 13(3)
Repeal the subsection.
48A Section 20 (definition of Administration)
Repeal the definition, substitute:
Administration means:
(a) the Norfolk Island Regional Council; or
(b) the Commonwealth Minister exercising a power, or performing a function, relating to Norfolk Island; or
(c) a territory instrumentality.
48B Subsection 21(2)
Repeal the subsection.
48C Subsection 28(3) (definition of territory instrumentality)
Repeal the definition.
49 Subsection 51(1) (note 1)
Repeal the note.
50 Subsection 51(1) (note 2)
Omit “2”.
51 Section 54 (note)
Repeal the note.
51A Paragraph 77(a)
Omit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.
51B Paragraph 77(b)
Omit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.
51C Dictionary at the end of the Act (definition of Chief Executive Officer)
Repeal the definition.
51D Dictionary at the end of the Act (definition of public servant)
Repeal the definition.
Crimes (Forensic Procedures) Act 2002 (Norfolk Island)
52 Paragraph (e) of Schedule 1
Omit “Executive Council of Norfolk Island”, substitute “Commonwealth Minister”.
Criminal Code 2007 (Norfolk Island)
53 Subsection 4(1) (note)
Omit “(2)(a)”.
53A Subsections 5(2) and (3)
Repeal the subsections, substitute:
(2) From the commencement of this subsection until 30 June 2018, subsection (1) has no effect.
53B Section 8
Repeal the section, substitute:
8 Delayed application of Chapter 2 to certain offences
(1) Despite section 7, from the commencement of this section until 30 June 2018, the provisions of this Chapter (other than the applied provisions) do not apply to a pre‑2008 offence unless:
(a) the offence has been omitted and remade (with or without changes) on or after 1 January 2008; or
(b) an enactment, or a law made under an enactment, whether made before or after the commencement of this section, expressly provides for the provisions of this Chapter to apply to the offence.
(2) In interpreting the applied provisions in relation to an offence, the other provisions of this Act may be considered.
(3) In this section:
omitted and remade: an offence has not been omitted and remade if it has been amended without being omitted and remade.
pre‑2008 offence means an offence that was in force before 1 January 2008.
53C Section 10
Repeal the section, substitute:
10 Definition of applied provisions
In this Act:
applied provisions means the following provisions of this Chapter:
(a) subsection 15(5) (Evidence of self‑induced intoxication);
(b) Division 2.3.1 (Lack of capacity—children);
(c) Division 2.3.2 (Lack of capacity—mental impairment);
(d) Division 2.3.3 (Intoxication);
(e) Part 2.4 (Extensions of criminal responsibility);
(f) Part 2.5 (Corporate criminal responsibility);
(g) Part 2.6 (Proof of criminal responsibility);
(h) Part 2.7 (Geographical application).
53D Subsection 105(6) (definition of applied provisions)
Repeal the definition.
53E Subsection 196(3) (paragraph (a) of the definition of Administration)
Omit “within the meaning of the Public Service Act 2014”.
53F Subsection 196(3) (paragraph (c) of the definition of Administration)
Omit “within the meaning of the Public Service Act 2014; or”, substitute “;”.
54 Section 323 (note at the end of the definition of sworn statement)
Omit “Interpretation Act 1979, s.12 (2)”, substitute “section 2B of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.
55 Subsection 381(3)
Repeal the subsection.
56 Section 382 (note)
Repeal the note.
Criminal Procedure Act 2007 (Norfolk Island)
57 Subsection 5(1)
Omit “the legislative power of the Legislative Assembly permits”, substitute “possible”.
57A Subsection 7(5)
Repeal the following definitions:
(a) definition of Chief Executive Officer;
(b) definition of public office;
(c) definition of public sector and public sector agency;
(d) definition of public service.
58 Subsection 112(1)
Omit “(1)”.
59 Subsections 112(2) and 215(3)
Repeal the subsections.
60 Subsection 216(1) (note)
Repeal the note.
Crown Lands Act 1996 (Norfolk Island)
61 Subsection 6(6)
Repeal the subsection.
Dangerous Drugs Act 1927 (Norfolk Island)
62A Subsection 3(1) (definition of legally qualified dentist)
Repeal the definition, substitute:
legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.
Disaster and Emergency Management Act 2001 (Norfolk Island)
63 Section 3 (definition of appointed officer)
Omit “who does not have the powers under section 10 of this Act”.
64 Subsection 8(7)
Omit “in accordance with”, substitute “for the purposes of”.
65 Subsection 9(3)
Omit “and may not be extended or renewed without a resolution of the Legislative Assembly”, substitute “unless extended”.
66 Paragraph 9(4)(a)
Repeal the paragraph.
67 Section 10
Repeal the section.
68 Subsection 13(4)
Repeal the subsection.
69 Paragraph 17(9)(b)
Repeal the paragraph.
70 Section 18
Repeal the section.
Dogs Registration Regulations 1994 (Norfolk Island)
71 Subregulation 3(1)
Omit “(1)”.
72 Subregulation 3(2)
Repeal the subregulation.
Education Act 1931 (Norfolk Island)
73 Section 21
Omit “Administrator”, substitute “Commonwealth Minister”.
Education Regulations (Norfolk Island)
74 Regulation 20
Omit “Minister” (wherever occurring), substituted “Commonwealth Minister”.
Employment Act 1988 (Norfolk Island)
74A Section 3
Repeal the section.
74B Section 4
Repeal the following definitions:
(a) definition of minimum rate;
(b) definition of pay period;
(c) definition of permit holder;
(d) definition of temporary entry permit.
74C Paragraph 7(1)(b)
After “Commonwealth”, insert “or New South Wales”.
74CA Section 9
Repeal the section, substitute:
9 Public holidays
(1) Each of the following days in a year is to be observed as a public holiday:
(a) 1 January (New Year’s Day);
(b) if 1 January is a Saturday or Sunday—the next Monday;
(c) 26 January (Australia Day) but, if that day is a Saturday or Sunday, the next Monday;
(d) 6 March (Foundation Day);
(e) if 6 March is a Sunday—7 March;
(f) Good Friday;
(g) Easter Monday;
(h) 25 April (Anzac Day);
(i) 8 June (Bounty Day);
(j) if 8 June is a Saturday or Sunday—the next Monday;
(k) the first Monday after the second Saturday in June but, if that Monday is the same as the one mentioned in paragraph (j), the next Monday (the Sovereign’s birthday holiday);
(l) the last Wednesday in November (Thanksgiving);
(m) 25 December (Christmas Day);
(n) if 25 December is a Saturday or Sunday—27 December;
(o) 26 December (Boxing Day);
(p) if 26 December is a Saturday or Sunday—28 December;
(q) the day declared under subsection (2) to be Show Day.
(2) The Commonwealth Minister must, by legislative instrument, declare a specified day of a year to be Show Day.
74D Division 1 of Part 2
Repeal the Division.
74E Sections 12 to 17
Repeal the sections.
74F Section 18
Before “An employer”, insert “(1)”.
74G Section 18 (note)
Omit “section”, substitute “subsection”.
74H At the end of section 18
Add:
(2) Subsection (1) does not apply to an employer and an employee so far as that subsection is inconsistent with:
(a) an enterprise agreement that applies to the employer and the employee under the Fair Work Act 2009 of the Commonwealth; or
(b) the operation of Division 3 (Maximum weekly hours) of Part 2‑2 (National Employment Standards) of the Fair Work Act 2009 of the Commonwealth in relation to the employer and the employee.
74J At the end of section 18A
Add:
(6) Subsection (1), (2), (3), (4) or (5) does not apply to an employer or an employee so far as that subsection is inconsistent with an enterprise agreement that applies to the employer and the employee under the Fair Work Act 2009 of the Commonwealth.
74K Section 19
Repeal the section, substitute:
19 Expiry of this Division
This Division is repealed at the start of 1 July 2018.
74L Division 3 of Part 2
Repeal the Division.
74M Section 25
Repeal the section.
74N Paragraph 30(4)(a)
Omit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.
74P Subparagraph 30(4)(a)(ii)
After “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.
74Q Paragraph 39A(2)(a)
Omit “in accordance with the Public Sector Management Act 2000”.
74R Paragraph 39A(2)(d)
Repeal the paragraph.
75 Subsection 43(4)
Omit “It is the intention of the Legislative Assembly that compensation”, substitute “Compensation”.
76 Subsection 65(7)
Omit “and notwithstanding section 36 of the Interpretation Act 1979”.
76A Section 73
Repeal the section, substitute:
73 Functions of the Board
The functions of the Board are:
(a) to deal with complaints lodged with members of the Board under section 76 (which is about complaints relating to workers compensation); and
(b) to report under section 75 on the operations of the Board.
76B Paragraphs 76(1)(a), (b) and (c)
Repeal the paragraphs.
76C Paragraph 76(1)(d)
Omit “employment”, substitute “Part 3 (which is about compensation for work‑related accidents etc.)”.
76D Paragraph 85(2)(c)
Repeal the paragraph.
76E Paragraph 85(2)(d)
Omit “or a contract referred to in paragraph 85(2)(c)”.
76F Subsection 85(6)
Omit “Subject to subsection 85(8), the”, substitute “The”.
76G Subsections 85(8), (9) and (10)
Repeal the subsections.
76H Subsection 86(2)
Omit “or subsection 85(9)”.
76J Paragraph 106(1)(d)
Omit “, or proposes to refuse,”.
76K Subsections 106(2) and (3)
Repeal the subsections.
76L Subsection 108(3)
Repeal the subsection.
Employment Regulations 1991 (Norfolk Island)
76M Paragraph 3(b)
Repeal the paragraph, substitute:
(b) section 24; and
76N Paragraph 3(c)
Omit “but not paragraph 108(2)(e)”.
76P Regulation 3A
Repeal the regulation.
76R Regulations 4 and 12
Repeal the regulations.
76S Schedules 1 and 1A
Repeal the Schedules.
Enactments Reprinting Act 1980 (Norfolk Island)
76T Subsection 7A(1) (example)
Repeal the example.
Environment Act 1990 (Norfolk Island)
77 Paragraph 4(1)(b)
Omit “the legislative powers of the Legislative Assembly permit”, substitute “possible”.
78 Subsection 11(2)
Repeal the subsection, substitute:
(2) The Board consists of 5 persons who are appointed in writing by the Commonwealth Minister (and none of whom are the Commonwealth Minister).
79 Subsection 11(3)
Omit “and in spite of section 36 of the Interpretation Act 1979”.
80 Subsections 11(6) and 12(1), (2) and (3)
Omit “executive member”, substitute “Commonwealth Minister”.
81 Subsections 12(4), (5), (6) and (7)
Repeal the subsections, substitute:
(4) As soon as practicable after a member has resigned, or the appointment of a member has been terminated, the Commonwealth Minister must appoint another person to be a member under subsection 11(2).
(5) A person whose appointment is terminated under subsection (2) or (3) is not eligible to be reappointed as a member.
82 Subsection 23(5)
Omit “In spite of section 36 of the Interpretation Act 1979, an”, substitute “An”.
83 Subsection 26(1)
Omit “or executive member” (first occurring).
84 Subsection 26(1)
Omit “or executive member may propose to the Legislative Assembly”, substitute “may propose to the Commonwealth Minister”.
85 Subsection 26(2)
Repeal the subsection, substitute:
(2) If the Commonwealth Minister is satisfied (because of a proposal by the Board under subsection (1) or on his or her own initiative) that it is appropriate that an environmental impact statement be prepared in relation to an application, he or she may determine:
(a) that such a statement be prepared; and
(b) by whom, and at whose expense, the statement is to be prepared; and
(c) the matters to be dealt with in the statement; and
(d) the period within which the statement is to be prepared, and the procedure (including the procedure for public consultation) to be followed in the preparation of the statement.
86 Subsection 26(3)
Omit “Legislative Assembly approves a proposal”, substitute “Commonwealth Minister determines”.
87 Subsection 29(4)
Omit “Where the Legislative Assembly has resolved under section 26 to approve a proposal that an environmental impact statement be prepared in relation to an application, the Assembly may, by resolution,”, substitute “If the Commonwealth Minister has determined under section 26 that an environmental impact statement be prepared in relation to an application, he or she may”.
88 Subsection 29(5)
Repeal the subsection.
89 Section 150
Repeal the section, substitute:
150 Making and amendment of Code by regulations
Subject to section 151, the regulations may:
(a) prescribe the Norfolk Island Planning Code; and
(b) repeal or alter provisions of, or add new provisions to, the Code.
90 Subsection 151(1)
Omit “Before advising the making of Regulations under section 150, the executive member”, substitute “Before making regulations for the purposes of section 150, the Commonwealth Minister”.
91 Paragraph 151(1)(b)
Omit “executive member’s”, substitute “Commonwealth Minister’s”.
92 Subsections 151(2), (3) and (4)
Repeal the subsections, substitute:
(2) A failure to comply with subsection (1) does not affect the validity of regulations made for the purposes of section 150.
93 Subsection 152(1)
Omit “the intention of the Legislative Assembly”, substitute “intended”.
94 Subsections 152(2), (3), (4) and (5)
Repeal the subsections, substitute:
(2) The Commonwealth Minister must conduct a review of the Code in order to give effect to the intention expressed in subsection (1) at intervals of no more than 5 years from the completion of the most recent review under this section (whether that completion occurred before or after the interim transition time).
(3) A review under subsection (2) is to be started by a notice in the Gazette:
(a) announcing the start of the review; and
(b) inviting submissions or representations to be made to the Commonwealth Minister on the effectiveness of the Code in achieving the aim specified in subsection (1).
(4) The Commonwealth Minister must conduct the review in the manner he or she determines.
95 Subsection 153(1)
Omit “Administrator”, substitute “Commonwealth Minister”.
Evidence Act 2004 (Norfolk Island)
96 Subsection 3(3)
After “subject to,”, insert “section 15AB of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979) and”.
97 Paragraph 7(a)
Omit “the legislative power of the Legislative Assembly permits”, substitute “possible”.
Firearms and Prohibited Weapons Regulations 1998 (Norfolk Island)
97A Subregulation 3M(1)
Omit “and the Public Sector Management Act 2000 or any Regulations made thereunder”.
97B Subregulation 3M(2)
Omit “under the provisions of the Public Sector Management Act 2000 or any Regulations thereunder”.
Fuel Levy Act 1987 (Norfolk Island)
98 Section 22
Repeal the section.
Gaming Act 1998 (Norfolk Island)
99 Subsection 4(2)
Omit “within the power of the Legislative Assembly”, substitute “possible”.
100 Section 18
Repeal the section.
Gaming Supervision Act 1998 (Norfolk Island)
101 Paragraph 7(3)(d)
Omit “the Executive Council”, substitute “the Administrator”.
101AA Subsection 10(2)
Omit “will be appointed under the Public Sector Management Act 2000 and”.
101A After section 24
Insert:
25 Commonwealth Minister may give directions to the Authority
(1) The Commonwealth Minister may, by legislative instrument, give written directions of a general or specific nature to the Authority about the performance of any of the Authority’s functions or duties, or the performance of any of the Director’s functions or duties.
(2) Without limiting subsection (1), a direction under that subsection may require the following:
(a) the Authority to arrange for an external audit of the operations of the Authority or Director;
(b) the Authority or the Director not to perform, or to no longer perform, one or more functions or duties.
(3) The Authority must comply with a direction under subsection (1).
Health Act 1913 (Norfolk Island)
102 Sections 10 and 20
Repeal the sections.
102AA Subparagraphs 21(3)(g)(i) to (iii)
Repeal the subparagraphs, substitute:
(i) a registered medical practitioner (within the meaning of the Health Practitioners Act 1983); or
(ii) a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession; or
(iii) a person acting under the direction of such a practitioner; or
Heritage Act 2002 (Norfolk Island)
110AA Section 5 (definition of Chief Executive Officer)
Repeal the definition.
110 Subsection 7(3)
Repeal the subsection.
111 Section 10
Repeal the section.
Interpretation Act 1979 (Norfolk Island)
149 Section 3
Repeal the section.
149A Section 4
Repeal the section.
150 Sections 9, 9A, 10, 10A, 10B and 10C
Repeal the sections, substitute:
8A Application of the Acts Interpretation Act 1901 (Commonwealth)
(1) The Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies in relation to enactments (including this Act) in the same way as it applies in relation to Acts of the Commonwealth, whether the enactments are made before, at or after the interim transition time.
Note: That Act also applies in relation to instruments made under enactments in the same way as it applies in relation to Acts of the Commonwealth, because of section 7 of this Act.
(2) However, subsection (1) does not apply the following provisions of the Acts Interpretation Act 1901 of the Commonwealth to enactments:
(a) the definitions of Commonwealth, Executive Council, Gazette, justice of the peace, penalty unit, statutory declaration, Territory, Territory of the Commonwealth, Territory under the authority of the Commonwealth, Territory of Australia and United Kingdom in section 2B;
(b) subsection 15B(1);
(c) section 21;
(d) subsection 38(1);
(e) section 39.
Note: This Act contains provisions that apply to enactments (and instruments made under enactments) instead of those definitions in section 2B of the Acts Interpretation Act 1901 of the Commonwealth and instead of section 21 of that Act.
(3) To avoid doubt, section 46AA of the Acts Interpretation Act 1901 of the Commonwealth (as in force from time to time) applies because of subsection (1) of this section to instruments made under enactments. That section applies as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth.
8B Application of the Legislative Instruments Act 2003 or the Legislation Act 2003 (Commonwealth)
(1) This section applies to a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or Legislation Act 2003 of the Commonwealth) that is:
(a) a section 19A Ordinance; or
(b) an instrument made under an enactment.
Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.
(2) Section 14 of that Act applies in relation to the instrument:
(a) as if the reference in that section to an Act included a reference to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth; and
(b) if the instrument is made under an enactment—as if the enactment were the enabling legislation for the instrument.
151 Subsection 10D(1)
Repeal the subsection.
152 Subsection 10D(2)
Omit “(2) Without limiting the generality of subsection 10D(1),”, substitute “Without limiting subsection 15AB(1) of the Acts Interpretation Act 1901 of the Commonwealth (as that section applies because of section 8A of this Act),”.
153 Subsection 10D(2)
After “provision of an enactment”, insert “made before the interim transition time”.
154 Subsection 10D(3)
Repeal the subsection.
155 At the end of section 11
Add:
Note 1: Section 12 defines enactment differently from the way that expression is defined by subsection 4(1) of the Norfolk Island Act 1979.
Note 2: Part 2 of Schedule 1 affects the operation of many provisions of enactments that use expressions defined by subsection 4(1) of the Norfolk Island Act 1979, such as Legislative Assembly.
156 Subsection 12(1)
Repeal the subsection.
157 Subsection 12(2)
After “In an enactment”, insert “(including this Act)”.
157A Subsection 12(2)
Insert:
Administration:
(a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and
(b) otherwise—means the Norfolk Island Regional Council.
157B Subsection 12(2) (at the end of the definition of Administration printer)
Add “as it existed before the interim transition time”.
158 Subsection 12(2)
Insert:
Administrator means:
(a) in relation to things done before the interim transition time—the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016; or
(b) otherwise—the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016;
and has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).
159 Subsection 12(2)
Repeal the following definitions:
(a) definition of appoint;
(b) definition of calendar year.
159A Subsection 12(2) (definition of Chief Executive Officer)
Repeal the definition, substitute:
Chief Executive Officer means the general manager of the Norfolk Island Regional Council.
159B Subsection 12(2) (definition of contravene)
Repeal the definition.
160 Subsection 12(2)
Insert:
enactment means:
(a) a section 19A Ordinance; or
(b) an Ordinance continued in force by section 16 or 16A (disregarding subsection 16A(4)) of the Norfolk Island Act 1979 of the Commonwealth, as the Ordinance is in force from time to time; or
(c) a Legislative Assembly law continued in force by section 16A (disregarding subsection 16A(3)) of that Act, as the law is in force from time to time.
Note: A law made under an Ordinance, or a law made under a Legislative Assembly law, is not an enactment. However, under section 7, this Act applies to such a law as if it were an enactment.
161 Subsection 12(2) (definition of estate)
Repeal the definition.
162 Subsection 12(2)
Insert:
Executive Council has the same meaning as it had in the Norfolk Island Act 1979 of the Commonwealth immediately before the interim transition time.
163 Subsection 12(2)
Repeal the following definitions:
(a) definition of High Court;
(b) definition of Imperial Act;
(c) definition of land.
164 Subsection 12(2)
Insert:
Minister has a meaning affected by Part 2 of Schedule 1 (about the Commonwealth Minister’s role in administration of enactments at and after the interim transition time).
165 Subsection 12(2)
Repeal the following definitions:
(a) definition of month;
(b) definition of oath or affidavit;
(c) definition of person or party;
(d) definition of prescribed;
(e) definition of proclamation.
165A Subsection 12(2) (definition of public sector employee or public service employee)
Repeal the definition, substitute:
public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.
165B Subsection 12(2) (definition of public service)
Repeal the definition, substitute:
public service means the group consisting of:
(a) the employees of the Norfolk Island Regional Council; and
(b) the employees of territory instrumentalities.
165C Subsection 12(2)
Repeal the following definitions:
(a) definition of regulations;
(b) definition of rules of Court;
(c) definition of State;
(d) definition of State Act.
165D Subsection 12(2)
Insert:
territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:
(a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or
(b) is subject to direction or control by the Commonwealth Minister.
166 Subsection 12(5)
Repeal the subsection.
167 Subsection 12B(4)
Omit “Minister must, in respect of 1 July 2000 and each subsequent 1 July,”, substitute “Commonwealth Minister must, in respect of 1 July 2015 and each later 1 July,”.
167A After section 12B
Insert:
12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.
(1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.
(2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.
(3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.
(4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.
168 Sections 13, 14, 14A, 15, 16, 18, 19, 20, 20A and 20B
Repeal the sections.
169 Subsection 20C(1)
Repeal the subsection.
170 Subsection 20C(2)
Omit “(2) Where a law of the Commonwealth or of a State or Territory”, substitute “If a law of the Commonwealth”.
171 Subsection 20C(3)
Repeal the subsection.
172 Section 20D
Repeal the section.
173 Subsections 20E(1) and (2)
Repeal the subsections.
174 Subsection 20E(3)
Omit “In subsection (1)—”, substitute “In subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth as it applies because of subsection 8A(1) of this Act:”.
175 Subsection 20E(5)
Omit “this section applies”, substitute “, subsection 28A(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act) and this section apply”.
176 Subsections 21(1) and (2)
Repeal the subsections.
177 Subsection 21(3)
Omit “(3) A document that may be served by post under subsection 21(1)”, substitute “A document that may be served by post under subsection 29(1) of the Acts Interpretation Act 1901 of the Commonwealth (as it applies because of subsection 8A(1) of this Act)”.
178 Sections 22, 23, 23A, 23B and 24
Repeal the sections.
179 At the end of section 25
Add:
Note: Schedule 1 also affects a provision for the Administrator to approve or disallow the doing of an act or thing.
180 Section 27
Repeal the section.
181 Subsections 28(1), (2) and (3)
Repeal the subsections.
182 Paragraphs 29(1)(a) and (b)
Omit “an Act”, substitute “a Commonwealth Act”.
183 Sections 30, 31, 32, 33, 34, 35, 36 and 36A
Repeal the sections.
184 Subsection 37(1)
Omit “(1)”.
185 Subsections 37(2) and (3)
Repeal the subsections.
186 Section 39A
Repeal the section.
187 Sections 41 and 41A
Repeal the sections, substitute:
41A Disallowable instruments
(1) This section applies to an instrument (the key instrument) that an enactment:
(a) confers power to make; and
(b) expressly provides is a disallowable instrument for the purposes of this section.
(2) If the key instrument is not a legislative instrument (within the meaning of the Legislative Instruments Act 2003 or the Legislation Act 2003 of the Commonwealth) section 12 (commencement of instruments) of that Act, as in force from time to time, applies to the key instrument as if it were a legislative instrument.
Note: On the commencement of Schedule 1 to the Acts and Instruments (Framework Reform) Act 2015 of the Commonwealth, the Legislative Instruments Act 2003 of the Commonwealth will become the Legislation Act 2003 of the Commonwealth.
(3) A copy of the key instrument must be given to the Commonwealth Minister within 14 days after it is made.
(4) If a copy of the key instrument is not given to the Commonwealth Minister within 14 days after it is made, the instrument ceases to have effect as if it were repealed by an enactment at the end of 14 days after it is made.
(5) The Commonwealth Minister may, by notice in the Gazette, disallow the key instrument, or part of it, within 65 days after a copy of the instrument is given to him or her.
(6) If the key instrument, or part of it, is disallowed, the instrument or part ceases to have effect as if it were repealed by an enactment when it is disallowed.
(7) If:
(a) the key instrument, or part of it, ceases to have effect under subsection (4) or (6) at a time (the cessation time); and
(b) before the cessation time, the key instrument or part amended or repealed another instrument, or part of another instrument, (the earlier instrument) that was in force immediately before the amendment or repeal;
the earlier instrument (as in force immediately before the amendment or repeal) revives at the cessation time as if the key instrument had not been made. This has effect despite subsections (4) and (6) of this section and subsection 7(1) and paragraph 7(2)(a) of the Acts Interpretation Act 1901 of the Commonwealth as applying because of section 8A of this Act.
(8) Another instrument that is, or contains one or more provisions that are, the same in substance as the key instrument or a provision of the key instrument must not be made, without the agreement of the Commonwealth Minister, during the period:
(a) starting when the key instrument is made; and
(b) ending:
(i) if the key instrument ceases to have effect at a time under subsection (4)—at that time; or
(ii) if a copy of the key instrument is given to the Commonwealth Minister under subsection (3) and neither the key instrument nor any part of it is disallowed—65 days after the copy is given to the Commonwealth Minister; or
(iii) if the key instrument or part of it is disallowed—6 months after the disallowance.
(9) An instrument made in contravention of subsection (8) has no effect.
188 Subsection 42(5)
Omit “Minister”, substitute “Commonwealth Minister”.
189 After section 42
Insert:
43 Administration of enactments at and after the interim transition time
Schedule 1 has effect, despite:
(a) enactments other than:
(i) this Act; and
(ii) a section 19A Ordinance; and
(b) section 8 of this Act.
190 Schedule
Repeal the Schedule, substitute:
Schedule 1—Administration of enactments at and after the interim transition time
Note: See section 43.
Part 1—Introduction
1 Object of this Schedule
The main object of this Schedule is to provide for the administration of enactments (other than section 19A Ordinances) at or after the interim transition time by certain persons other than those mentioned in the enactments immediately before that time, to take account of amendments made by the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth affecting the institutions and machinery of government of Norfolk Island.
2 Definitions
In this Schedule:
Minister has the same meaning as it had in this Act as in force immediately before the interim transition time.
3 This Schedule does not apply to section 19A Ordinances
This Schedule does not affect a section 19A Ordinance.
4 This Schedule does not apply in relation to section 8A of this Act
To avoid doubt, this Schedule does not affect provisions of the Acts Interpretation Act 1901 of the Commonwealth as they apply in relation to enactments because of section 8A of this Act.
Part 2—Commonwealth Minister’s roles
Division 1—Commonwealth Minister’s roles
Subdivision A—General rule
5 Roles belonging to a Minister, an executive member or the Administrator before the interim transition time
(1) For the operation of an enactment at or after the interim transition time, a reference in an enactment to either of the following is taken to be a reference to the Commonwealth Minister:
(a) a Minister or an executive member (however described, and whether identified by a specific title or not);
(b) the Administrator.
(2) Subclause (1) has effect subject to Subdivision B.
(3) Subclause (1) does not apply (of its own force or because of section 7 of this Act) to:
(a) the Education Act 1931; or
(b) the Education Regulations; or
(e) the Social Services Act 1980; or
(f) the Social Services Regulations.
(4) To avoid doubt, subclause (1) applies in relation to an enactment even if the enactment contains one or more references to the Commonwealth Minister (whether or not any of those references were included in the enactment before, at or after the interim transition time).
Transitional—things done before the interim transition time
(5) If, under an enactment as affected by subclause (1), the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.
Note: For example, if:
(a) the enactment provides (apart from subclause (1)) that the Minister may issue a licence if a person applies to the Minister for it; and
(b) an application was made to the Minister before the interim transition time but no decision was made by that time about issuing a licence;
the Commonwealth Minister may issue the licence after that time as if the application had been made to the Commonwealth Minister.
(6) This clause does not affect the validity at or after the interim transition time of anything done before that time by a Minister or the Administrator.
Note: For example, a licence validly issued by a Minister under an enactment before the interim transition time continues to be valid for the purposes of the enactment at and after that time.
Subdivision B—Exceptions to general rule, and other special rules
6 Modification of prerequisites for Commonwealth Minister to take action under clause 5
(1) This clause applies if:
(a) an enactment is expressed (ignoring subclause 5(1)) to make:
(i) a recommendation (however described) about a matter; or
(ii) an approval (however described) of a matter;
by an authority established or appointed by or under an enactment, a prerequisite for a Minister or the Administrator to exercise a power or perform a function or duty; and
(b) the Commonwealth Minister has that power, function or duty because of subclause 5(1).
(2) The Commonwealth Minister may exercise the power or perform the function or duty without receiving or following the authority’s recommendation about the matter or approval of the matter.
7 Money to be paid or given to the Norfolk Island Regional Council instead of a Minister
If an enactment is expressed (ignoring subclause 5(1)) to require or permit an amount to be paid (however described) or given (however described) to a Minister or the Administrator, the enactment has effect as if it required or permitted (as the case requires) the amount to be paid or given to the Norfolk Island Regional Council.
Note: Some examples of such enactments are ones that (ignoring subclause 5(1)) say that a fee is payable to a Minister or that an application is to be made to a Minister and accompanied by a fee.
8 Commonwealth Minister not required to interact with himself or herself
(1) The Commonwealth Minister need not comply with a requirement that:
(a) is imposed on the Commonwealth Minister by an enactment (as affected by subclause 5(1) or otherwise); and
(b) because of that subclause, is a requirement for the Commonwealth Minister to do something in relation to the Commonwealth Minister:
(i) before taking another action; or
(ii) in the process of taking another action; or
(iii) after taking another action.
Note: Some examples of a requirement to which this clause applies are if an enactment (ignoring subclause 5(1)) says:
(a) the Administrator may do something on the advice of a Minister; or
(b) the Administrator must give the Minister or the Commonwealth Minister notice of a decision or action the Administrator has taken.
(2) To avoid doubt, if the Commonwealth Minister takes the other action, its validity is not affected merely because the Commonwealth Minister did not or does not comply with the requirement.
Note: This also applies to action by a delegate of the Commonwealth Minister.
9 Special rules relating to the Legislative Assembly
Requirements relating to the Legislative Assembly that need not be complied with
(1) A person or body need not comply with a requirement imposed by an enactment on the person or body to do either of the following:
(a) give (however described) a thing to the Legislative Assembly, a committee of the Legislative Assembly or an officer or member of the Legislative Assembly;
(b) act consistently (however described) with a resolution or recommendation of the Legislative Assembly.
Failure to comply with the requirement does not affect the validity of any act.
Note 1: Enactments may use various verbs to express requirements to give something to the Legislative Assembly, a committee of the Legislative Assembly, or an officer or member of the Legislative Assembly. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.
Note 2: Enactments may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Legislative Assembly. For example enactments may refer to a person or body doing something in accordance with a resolution of the Assembly, on the recommendation of the Assembly or on an address from the Assembly.
Acts valid despite absence of action relating to the Legislative Assembly
(2) Despite an enactment providing for a thing to be done by or in relation to the Legislative Assembly:
(a) before a power can be exercised, or a function or duty performed, by an authority other than the Assembly; or
(b) in connection with the exercise of a power, or the performance of a function or duty, by such an authority;
the power may be exercised, or the function or duty performed, by the authority even though that thing has not been done, or is not done, by or in relation to the Legislative Assembly.
Division 2—Delegation of Commonwealth Minister’s role
10 Delegation by Commonwealth Minister
(1) The Commonwealth Minister may, by signed writing, delegate to one or more of the following any or all of the powers, functions and duties the Commonwealth Minister has under one or more enactments because of subclause 5(1), or because of one or more amendments of an enactment made by the Norfolk Island Continued Laws Ordinance 2015:
(a) the Administrator;
(b) a councillor of the Norfolk Island Regional Council;
(c) an employee of the Norfolk Island Regional Council;
(d) a person who holds, or performs the duties of, an office under an enactment;
(e) an employee of a body corporate established by or under an enactment;
(f) an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, in the Department.
Subdelegation
(2) If the Commonwealth Minister allows it in writing, a person to whom a power, function or duty has been delegated under subclause (1) may, by signed writing, further delegate the power, function or duty to a person described in paragraph (1)(a), (b), (c), (d), (e) or (f).
Transitional—conversion of delegations in force before the interim transition time
(3) A delegation in force immediately before the interim transition time by a Minister or the Administrator of a power, function or duty under an enactment that continues in force after that time has effect as if it were a delegation made under subclause (1). This does not prevent the Commonwealth Minister from amending or revoking the delegation.
11 Directions to delegates
Compliance with Commonwealth Minister’s directions
(1) A person to whom a power, function or duty has been delegated under clause 10 must comply with any written directions of the Commonwealth Minister under this clause.
(2) The Commonwealth Minister may give a written direction of a general or specific nature as to the exercise of a power, or performance of a function or duty, that has been delegated under clause 10.
(3) The Commonwealth Minister may, by written notice given to a person to whom a power, function or duty has been delegated under clause 10, direct that:
(a) before the person exercises the power or performs the function or duty, the person must notify the Commonwealth Minister of the person’s intention to exercise the power or perform the function or duty; and
(b) the person must do so at least the specified number of days before exercising the power or performing the function or duty.
12 Thing done under delegation taken to have been done by Commonwealth Minister
(1) This clause applies if a power, function or duty of the Commonwealth Minister under an enactment has been delegated to a person under clause 10.
Note: Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of this Act, contain other rules about delegations.
(2) If under the enactment (as affected by subclause 5(1), if relevant) the exercise of the power or the performance of the function or duty depends on the Commonwealth Minister’s opinion, belief or state of mind, the person may exercise the power or perform the function or duty on the person’s opinion, belief or state of mind.
(3) If the person exercises the power or performs the function or duty, the Commonwealth Minister is taken for the purposes of the enactment (as affected by subclause 5(1), if relevant) to have exercised the power or performed the function or duty.
Juries Act 1960 (Norfolk Island)
190A Section 8
Omit “electoral roll for the Territory”, substitute “residential roll kept under section 298 of the Local Government Act 1993 (NSW) (as it applies in the Territory because of section 18A of the Norfolk Island Act 1979 (Commonwealth))”.
190B Paragraph 10(j)
Omit “officers of the Public Service of the Territory”, substitute “public servants”.
190C Subparagraphs 10(r)(ii), (x) and (xi)
Omit “Norfolk Island public service”, substitute “public service”.
Justices of the Peace Act 1972 (Norfolk Island)
190D Section 3 (definition of resident)
Repeal the definition.
190E Subsection 4(1)
Repeal the subsection.
190F Paragraph 4(2)(a)
Omit “not being a resident,”.
190G Subsections 8(2) and (2A)
Repeal the subsections, substitute:
(2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.
Land Titles Act 1996 (Norfolk Island)
190S Subsection 3(1) (definition of Chief Executive Officer)
Repeal the definition.
190T Subsection 3(1)
Repeal the following definitions:
(a) definition of public servant;
(b) definition of public service.
190U Subsection 6(2)
Omit “an officer or employee of the Public Service”, substitute “a public servant”.
191 Subsection 55B(3)
Omit “a disallowable”, substitute “an”.
Land Valuation Act 2012 (Norfolk Island)
192 Subsection 84(3) (note 1)
Repeal the note.
193 Subsection 84(3) (note 2)
Omit “2.”, substitute “Note:”.
Law of Negligence and Limitation of Liability Act 2008 (Norfolk Island)
193A Section 39 (paragraph (b) of the definition of public authority)
Repeal the paragraph, substitute:
(b) the public service;
193B Section 39 (paragraph (c) of the definition of public authority)
Omit “within the meaning of the Public Sector Management Act 2000”.
193C Section 82 (paragraph (c) of the definition of community organisation)
Omit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.
193D Subsection 87(3)
Omit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.
Legal Aid Act 1995 (Norfolk Island)
194 Subsection 3(1)
Omit “(1)” (first occurring).
194A Section 3 (definition of Public Service)
Repeal the definition.
195 Subsection 3(2)
Repeal the subsection.
196 Subsection 14(1)
Omit “(1)”.
197 Subsection 14(2)
Repeal the subsection.
197A Subsections 28(1) and (2)
Omit “an officer or employee of the Public Service”, substitute “an employee in the public service”.
197B Section 32
Omit “an officer or employee of the Public Service”, substitute “an employee in the public service”.
Legal Profession Act 1993 (Norfolk Island)
198 Section 3
Omit “disallowable instrument”.
198A Item 2 of the Schedule (definition of resident practitioner)
Repeal the definition, substitute:
resident practitioner means a practitioner who is ordinarily resident in Norfolk Island.
199 Item 3 of the Schedule
Repeal the item.
Liquor Act 2005 (Norfolk Island)
200AA Subsection 4(1)
Insert:
aircraft includes aeroplanes, seaplanes, airships, balloons or any other means of aerial locomotion.
member of the crew, of an aircraft or a ship, includes:
(a) for an aircraft—the pilot; and
(b) for a ship—the master, a mate and an engineer.
200 Subsection 4(1) (definition of public place)
Omit “way of a disallowable”.
200A Subsection 4(1)
Insert:
ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.
201 Subsection 25(1)
Omit “disallowable”.
202 Subparagraph 45(1)(aa)(iii)
Omit “disallowable”.
202A Section 75
Before “A person”, insert “(1)”.
202B Section 75
Omit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.
202C At the end of section 75
Add:
(2) Subsection (1) does not apply if:
(a) the person is:
(i) a passenger on, or a member of the crew of, an aircraft or a ship; and
(ii) 18 years of age or over; and
(b) the liquor is imported as:
(i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or
(ii) unaccompanied personal or household effects of the person.
202D Paragraph 98(2)(e)
Repeal the paragraph, substitute:
(e) a public servant;
Marine Safety Act 2013 (Norfolk Island)
202E Subsection 4(1) (paragraph (d) of the definition of Authorised officer)
Repeal the paragraph.
202EA Paragraphs 20(a) and (b)
Omit “0.08”, substitute “0.05”.
202F Subsection 68(2)
Omit “any officer as defined by the Immigration Act 1980,”.
202G Subsection 79(6)
Repeal the subsection.
202H Paragraphs 104(1)(d) and (e)
Repeal the paragraphs.
202J Paragraph 106(4)(a)
Repeal the paragraph.
203 Section 109
Omit “the legislative power of the Legislative Assembly permits”, substitute “possible”.
204 Paragraph 110(2)(c)
Repeal the paragraph.
Mediation Act 2005 (Norfolk Island)
205 Subsection 4(2)
Repeal the subsection.
Medical Practitioners Registration Act 1983 (Norfolk Island)
205A Title
Omit “the registration of medical practitioners”, substitute “requirements relating to health practitioners”.
205B Section 1
Omit “Medical Practitioners Registration”, substitute “Health Practitioners”.
205C Sections 3 to 12
Repeal the sections, substitute:
3 Definitions
In this Act:
health profession means the following professions, and includes a recognised specialty in any of the following professions:
(a) Aboriginal and Torres Strait Islander health practice;
(b) Chinese medicine;
(c) chiropractic;
(d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);
(e) medical;
(f) medical radiation practice;
(g) nursing and midwifery;
(h) occupational therapy;
(i) optometry;
(j) osteopathy;
(k) pharmacy;
(l) physiotherapy;
(m) podiatry;
(n) psychology.
National Law has the same meaning as in the My Health Records Act 2012 of the Commonwealth.
Note: National Law is defined in section 5 of that Act to mean:
(a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or
(b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.
registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).
registered medical practitioner means a medical practitioner within the meaning of a National Law.
4 Title and practice protections
(1) A person commits an offence if:
(a) the person knowingly or recklessly engages in conduct; and
(b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.
Penalty:
(a) for an individual—a fine not exceeding 300 penalty units; or
(b) for a body corporate—a fine not exceeding 600 penalty units.
(2) A person commits an offence if:
(a) the person engages in conduct; and
(b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.
Penalty: A fine not exceeding 300 penalty units.
205D Sections 15 and 16
Repeal the sections.
Mental Health Act 1996 (Norfolk Island)
206AA Section 4 (definition of doctor)
Repeal the definition, substitute:
doctor means a registered medical practitioner (within the meaning of the Health Practitioners Act 1983).
206AB Subsection 18(1)
Omit “officer or employee of the Public Service”, substitute “employee in the public service”.
Norfolk Island Broadcasting Regulations 2002 (Norfolk Island)
206 Schedule 1 (Form 2)
Omit “, and the resolution of the Legislative Assembly passed on”.
Norfolk Island Hospital Act 1985 (Norfolk Island)
207 Title
Omit “Hospital”, substitute “Health and Residential Aged Care Service”.
207A Section 1
Omit “Hospital”, substitute “Health and Residential Aged Care Service”.
Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).
207B Sections 4 and 5
Repeal the sections, substitute:
4 Definitions
In this Act:
Manager means the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19.
Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).
Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.
5 Norfolk Island Health and Residential Aged Care Service Facility
The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.
207C Section 6 (heading)
Repeal the heading, substitute:
6 Norfolk Island Health and Residential Aged Care Service
207D Subsection 6(1)
Repeal the subsection, substitute:
(1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.
207E At the end of paragraphs 7(a) and (b)
Add “and”.
207F At the end of section 7
Add:
; and (e) such other functions as are determined, by legislative instrument, by the Commonwealth Minister.
207G Subsection 8(1)
Omit “(1)”.
207H Paragraph 8(1)(a)
Repeal the paragraph.
207J Paragraph 8(1)(d)
Repeal the paragraph, substitute:
(d) a performance agreement entered into by the Service.
207K Subsection 8(2)
Repeal the subsection.
207L Subsections 9(3) and (4)
Repeal the subsections.
207M Part 3
Repeal the Part.
207N Sections 19 to 19B
Repeal the sections, substitute:
19 Manager of Norfolk Island Health and Residential Aged Care Service
(1) There is to be a Manager of the Norfolk Island Health and Residential Aged Care Service.
(2) The Manager is to be appointed by the Commonwealth Minister by written instrument.
Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).
(3) The Manager holds office for the period specified in the instrument of appointment.
(4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.
207P Subsection 20(1)
Repeal the subsection, substitute:
(1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:
(a) internal management issues;
(b) industrial relations matters;
(c) commercial transactions;
(d) dealings with individual members of the public;
(e) all matters affecting the interests of the Service.
207Q Subsection 20(2)
Omit “Advisory Board” (wherever occurring), substitute “Commonwealth Minister”.
207R Sections 21 to 23
Repeal the sections, substitute:
21 Powers of Manager
(1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:
(a) may exercise any powers that are by this Act expressed to be conferred on the Service; and
(b) must perform any duties that are by this Act expressed to be imposed on the Service.
(2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.
208 Parts 4A, 5 and 6
Repeal the Parts.
208A Sections 44 to 47
Repeal the sections.
208B Section 50
Repeal the section.
209 Amendments of listed provisions
| Further amendments |
| Item | Provision | Omit | Substitute |
| 1 | Part 2 (heading) | HOSPITAL ENTERPRISE | HEALTH AND RESIDENTIAL AGED CARE SERVICE |
| 2 | Subsections 6(2) to (4) | Enterprise | Norfolk Island Health and Residential Aged Care Service |
| 3 | Section 7 (heading) | Enterprise | Norfolk Island Health and Residential Aged Care Service |
| 4 | Section 7 | Enterprise | Norfolk Island Health and Residential Aged Care Service |
| 5 | Paragraph 7(a) | Hospital | Norfolk Island Health and Residential Aged Care Service Facility |
| 6 | Section 8 (heading) | Enterprise | Norfolk Island Health and Residential Aged Care Service |
| 7 | Section 8 | Enterprise must | Norfolk Island Health and Residential Aged Care Service must |
| 8 | Section 9 (heading) | Enterprise | Norfolk Island Health and Residential Aged Care Service |
| 9 | Subsections 9(1) and (2) | Enterprise (wherever occurring) | Norfolk Island Health and Residential Aged Care Service |
| 10 | Part 4 (heading) | HOSPITAL ENTERPRISE | HEALTH AND RESIDENTIAL AGED CARE SERVICE |
| 11 | Section 20 (heading) | Director | Manager |
| 12 | Subsection 20(2) | Director | Manager |
| 13 | Subsection 20(2) | Enterprise | Norfolk Island Health and Residential Aged Care Service |
Norfolk Island Planning and Environment Board Act 2002 (Norfolk Island)
209A Section 3 (definition of Chief Executive Officer)
Repeal the definition.
Official Survey Act 1978 (Norfolk Island)
210 Subsection 3(4) (note)
Omit “Interpretation Act 1979 sections 23A, 23B and 24”, substitute “sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.
Pharmacy Act 1956 (Norfolk Island)
211A Sections 3 and 4
Repeal the sections, substitute:
3 Interaction with requirements under National Law
If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.
4 Definitions
In this Act:
medical practitioner means a medical practitioner within the meaning of a National Law.
National Law has the same meaning as in the Health Practitioners Act 1983.
registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).
211B Part 2
Repeal the Part.
211C Subsection 15(1)
Omit “(1)”.
211D Subsection 15(2)
Repeal the subsection.
211E Paragraph 20(b)
Repeal the paragraph.
Pharmacy Regulations (Norfolk Island)
211F Regulations 3 to 5, 7 and 8
Repeal the regulations.
211G Schedule
Repeal the Schedule.
Planning Act 2002 (Norfolk Island)
212 Section 6 (definition of approved plan)
Repeal the definition, substitute:
approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).
213 Section 6 (definition of approved scheme)
Repeal the definition, substitute:
approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).
213A Section 6 (definition of Chief Executive Officer)
Repeal the definition.
214 Section 6 (definition of development contribution scheme)
Omit “section 69”, substitute “section 68”.
215 Section 10
Repeal the section.
216 Subsection 11(5)
Repeal the subsection.
217 Section 12
Repeal the section, substitute:
12 Ministerial approval after public consultation
(1) At least 28 days after the notification of the draft plan under section 11, the Minister may, by notice in the Gazette, approve the draft plan with or without alterations from the draft plan that was notified.
(2) The notice of approval must specify the date the approved plan commences, which must not be earlier than the date of publication of the notice in the Gazette.
(3) The notice must also include:
(a) for a plan varying the Plan, a statement setting out the aim and intent of the variation; and
(b) a statement indicating where and when the Plan is available for inspection.
218 Subsection 13(1)
Repeal the subsection.
219 Subsection 13(2)
Omit “(2) On the date of commencement of the approved plan declared by the Legislative Assembly under subsection 13(1)—”, substitute “On the date of commencement of the approved plan specified under subsection 12(2):”.
220 Section 14
Repeal the section.
221 Subsections 17(2), (3) and (4)
Repeal the subsections, substitute:
(2) For subsection (1), the prescribed period is 5 years after the end of the last prescribed period under this subsection (as in force before or after the interim transition time).
(3) The Minister must initiate a review under subsection (1) by causing to be published in the Gazette a notice of the review, inviting public comment on the effectiveness of the Plan in promoting the objects of this Act under section 3.
(4) The Minister must conduct a review under subsection (1) in a manner determined by the Minister.
222 Section 67
Repeal the section, substitute:
67 Ministerial approval after public consultation
(1) At least 28 days after the notification of the draft development contribution scheme under section 66, the Minister may, by notice in the Gazette, approve the draft development contribution scheme with or without alterations from the draft development contribution scheme that was notified.
(2) The notice of approval must specify the date the approved scheme commences, which must not be earlier than the date of publication of the notice in the Gazette.
(3) The notice must also include:
(a) for a draft development contribution scheme varying a development contribution scheme, a statement setting out the aim and intent of the variation; and
(b) a statement indicating where and when the development contribution scheme is available for inspection.
223 Subsection 68(1)
Repeal the subsection.
224 Subsection 68(2)
Omit “(2) On the date of commencement of the approved scheme declared by the Legislative Assembly under subsection 68(1)—”, substitute “On the date of commencement of the approved scheme specified under subsection 67(2):”.
225 Section 69
Repeal the section.
226 Subsection 91(2)
Omit “Assembly, on the recommendation of the Minister, may resolve to”, substitute “Minister may, by notice in the Gazette,”.
227 Subsection 91(2)
Omit “resolution” (first occurring), substitute “notice”.
228 Subsection 91(2)
Omit “Such resolution shall be published in the Gazette.”.
228A Subsection 95(3) (paragraph (e) of the definition of official)
Repeal the paragraph, substitute:
(e) a public servant; or
229 Subsection 96(1) (paragraph (a) of the definition of statutory document)
Omit “section 14”, substitute “section 12”.
230 Subsection 96(1) (paragraph (d) of the definition of statutory document)
Omit “section 69”, substitute “section 67”.
Planning Regulations 2004 (Norfolk Island)
231 Regulations 9 and 10
Repeal the regulations.
232 Regulations 37 and 38
Repeal the regulations.
Poisons and Dangerous Substances Act 1957 (Norfolk Island)
232A Section 4 (definition of dentist)
Repeal the definition, substitute:
dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.
232B Section 4 (definition of pharmaceutical chemist)
Omit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.
Protection of Movable Cultural Heritage Act 1987 (Norfolk Island)
233AA Subsection 3(1) (definition of Chief Executive Officer)
Repeal the definition.
233 Subsection 9(1)
Omit “Minister on the recommendation of the Legislative Assembly”, substitute “Commonwealth Minister”.
234 Subsection 9(3)
Omit “Minister”, substitute “Commonwealth Minister”.
235 Section 10
Omit “Minister” (wherever occurring), substitute “Commonwealth Minister”.
236 Subsections 11(1), 12(2) and 13(1), (2) and (3)
Omit “Minister”, substitute “Commonwealth Minister”.
237 Paragraph 15(2)(a)
Omit “Minister on the recommendation of the Legislative Assembly”, substitute “Commonwealth Minister”.
238 Paragraph 15(2)(b)
Omit “Minister”, substitute “Commonwealth Minister”.
239 Subsections 16(1) and (2)
Omit “Minister”, substitute “Commonwealth Minister”.
240 Subsection 16(3)
Repeal the subsection, substitute:
(3) The Commonwealth Minister must refer the application to the Committee for advice on the application.
241 Subsection 16(4)
Omit “Legislative Assembly” (first occurring), substitute “Commonwealth Minister”.
242 Paragraph 16(4)(c)
Omit “the Legislative Assembly, the Minister”, substitute “the Commonwealth Minister”.
243 After subsection 16(4)
Insert:
(4A) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a certificate.
244 Subsection 16(5)
Omit “Minister”, substitute “Commonwealth Minister”.
245 Subsection 16(5)
Omit “referred to in paragraph (3)(c)”.
246 Subsection 16(7)
Omit “Legislative Assembly refuses to recommend the grant of a certificate to export a Class A object, the Minister”, substitute “Commonwealth Minister refuses to grant a certificate to export a Class A object, the Commonwealth Minister”.
247 Subsections 17(1), (2), (3), (4) and (6)
Omit “Minister” (wherever occurring), substitute “Commonwealth Minister”.
248 Subsection 17(7)
Repeal the subsection.
249 Subsection 17A(1)
Omit “Minister”, substitute “Commonwealth Minister”.
250 Subsections 17A(4), (5) and (6)
Repeal the subsections, substitute:
(4) The Commonwealth Minister may, subject to such conditions, if any, as the Commonwealth Minister specifies, grant or refuse to grant a licence.
251 Subsection 17A(7)
Omit “recommended under paragraph (5)(a)”.
252 Subsections 17A(9) and (10)
Repeal the subsections, substitute:
(9) If the Commonwealth Minister refuses to grant a licence, the Commonwealth Minister must, as soon as practicable after the refusal, cause to be served on the applicant notice in writing of the refusal, setting out the reasons for the refusal.
253 Subsections 18(1) and (3)
Omit “Minister” (wherever occurring), substitute “Commonwealth Minister”.
254 Subsection 18(4)
Repeal the subsection, substitute:
(4) The Commonwealth Minister must not exercise a power under subsection (1) in relation to a licence except on application in writing by the holder of the licence.
255 Subsections 22(1), 23(1) and (2), 28(2) and 29(1)
Omit “Minister” (wherever occurring), substitute “Commonwealth Minister”.
256 Paragraph 31(b)
Omit “Minister”, substitute “Commonwealth Minister”.
257 Subsections 39(1) and (2) and 40(1)
Omit “Minister” (wherever occurring), substitute “Commonwealth Minister”.
258 Subsection 40(3)
Repeal the subsection.
Public Health Act 1996 (Norfolk Island)
261 Subsection 57(4)
Repeal the subsection.
262 Section 58
Repeal the section.
263 Subsections 59(1) and (2)
Repeal the subsections, substitute:
(1) At least 28 days after notification of the draft Public Health Code under section 57, the Commonwealth Minister may, by instrument, make the Public Health Code in the form of the notified draft with or without alterations.
(2) At least 28 days after notification of the draft variation to the Public Health Code under section 57, the Commonwealth Minister may, by instrument, vary the Code in accordance with the notified draft with or without alterations to the notified draft.
Public Reserves Act 1997 (Norfolk Island)
274 Sections 13 and 14
Repeal the sections, substitute:
14 Making
At least 28 days after the notification of the draft plan under section 11, the Commonwealth Minister may make a plan of management in accordance with the draft plan with or without alterations from the draft plan that was notified.
275 Subsections 16(2), (3) and (4)
Repeal the subsections, substitute:
(2) Sections 11 and 12 apply to the draft variation as if it were a draft plan of management, and sections 14 and 15 apply to the making of a variation as if it were the making of a plan of management.
276 Subsection 50(2)
Omit “36(3) of the Interpretation Act 1979”, substitute “33(3) of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979”.
Removal of Prisoners Act 2004 (Norfolk Island)
293 Subsection 14(3)
Repeal the subsection.
294 Section 15 (note)
Repeal the note.
Roads Act 2002 (Norfolk Island)
294A Subsection 4(1) (definition of Chief Executive Officer)
Repeal the definition.
Sale of Goods (Vienna Convention) Act 1987 (Norfolk Island)
295 Section 4
Omit “the legislative power of the Legislative Assembly permits”, substitute “possible”.
Sale of Tobacco Act 2004 (Norfolk Island)
296 Subsection 14(5)
Repeal the subsection.
297 Subsection 16(5)
Repeal the subsection, substitute:
(5) A notice under subsection (4) may include conditions to which the exemption is subject.
Sentencing Act 2007 (Norfolk Island)
297A Subsection 48(1) (definition of medical practitioner)
Omit “Medical Practitioners Registration”, substitute “Health Practitioners”.
Subdivision Act 2002 (Norfolk Island)
335A Section 4 (definition of Chief Executive Officer)
Repeal the definition.
Supreme Court Act 1960 (Norfolk Island)
336 At the end of subsection 19(3)
Add “for the purposes of section 41A of the Interpretation Act 1979”.
Telecommunications Act 1992 (Norfolk Island)
337AA Paragraph 2(a)
Repeal the paragraph, substitute:
(a) to make provision in relation to the ownership of telecommunications services;
337 Section 3
Omit “disallowable instrument”.
338 Section 3
Omit “employee”.
338A Section 3
Omit “public payphone”.
338B Part 2 (heading)
Repeal the heading, substitute:
Part 2—Ownership
338C Sections 5 to 16
Repeal the sections.
339 Subsections 28(5) and 30(3)
Repeal the subsections.
339A Section 42
Omit “supplied by the Administration” (wherever occurring).
339B Subsection 44(1)
Omit “operated by the Administration”.
339C Subsections 44(1) and (2)
Omit “supplied by the Administration”.
339D Section 45
Omit “belonging to the Administration”.
339E Section 55B
Repeal the section.
339F Item 2 of Schedule 1 (paragraph (a) of the definition of customer cabling)
Omit “operated by the Administration”.
339G Item 2 of Schedule 1 (definition of customer equipment)
Omit “operated by the Administration”.
340 Item 2 of Schedule 1
Repeal the following definitions:
(a) definition of disallowable instrument;
(b) definition of employee.
340A Item 2 of Schedule 1 (paragraph (b) of the definition of intercept)
Omit “by the Administration,”.
340B Item 2 of Schedule 1 (paragraph (d) of the definition of public mobile telecommunications service)
Omit “operated by the Administration”.
340C Item 2 of Schedule 1 (definition of public payphone)
Repeal the definition.
341 Item 3 of Schedule 1
Repeal the item.
Traffic Act 2010 (Norfolk Island)
341A Subsection 3(1)
Insert:
breath test means a test for the purpose of indicating the concentration of alcohol present in a person’s breath or blood, carried out on that person’s breath by means of one of the following devices:
(a) Alcolizer LE;
(b) lion alcolmeter SD‑400;
(c) Alcolizer 5 Series.
341AA Subsection 3(1) (definition of prescribed concentration of alcohol)
Omit “0.08” (wherever occurring), substitute “0.05”.
341B At the end of section 3
Add:
(8) For the purposes of this Act, an amount of alcohol in grams present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grams present in blood when measured by reference to 100 millilitres of blood.
341BA Paragraph 32(6)(b)
Omit “0.08”, substitute “0.05”.
341C Subsection 32(7A)
Repeal the subsection.
341D After section 32
Insert:
32A Power to conduct random breath testing
(1) A member of the police force may require a person to submit to a breath test in accordance with the member’s directions if the member has reasonable cause to believe that:
(a) the person is or was driving a motor vehicle on a road; or
(b) the person is or was occupying the driving seat of a motor vehicle on a road and attempting to put the vehicle in motion; or
(c) the person (being the holder of a drivers licence or a recognised licence) is or was occupying the seat in a motor vehicle next to a driver who holds a learner’s licence while the driver is or was driving the vehicle on a road.
(2) Before requiring a person to submit to a breath test under subsection (1), and for the purpose of determining whether to conduct such a test, a member of the police force may conduct a preliminary assessment to determine if alcohol is present in the person’s breath by requiring the person to talk into a device that indicates the presence of alcohol.
(3) Without limiting any other power or authority, a member of the police force may, for the purposes of this section, request or signal the driver of a motor vehicle to stop the vehicle.
(4) If a request is made, or a signal is given, to a person under subsection (3), the person must comply with the request or signal.
Penalty: 10 penalty units.
32B Arrest following failed breath test etc.
(1) A member of the police force may exercise the powers mentioned in subsection (2) in respect of a person if:
(a) both of the following apply:
(i) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than zero grams in 210 litres of breath or 100 millilitres of blood;
(ii) the member has reasonable cause to believe that the person is a novice driver or is driving a commercial vehicle; or
(b) it appears to the member that the device used by the member to conduct a breath test under subsection 32A(1) indicates that there may be present in the person’s breath or blood a concentration of alcohol of more than 0.05 grams in 210 litres of breath or 100 millilitres of blood; or
(c) the person refuses to submit to a breath test required by a member of the police force under subsection 32A(1) or fails to submit to the breath test in accordance with the directions of the member.
(2) The powers that the member of the police force may exercise in respect of the person are as follows:
(a) the power to arrest the person, without warrant;
(b) the power to take the person (or cause the person to be taken), using such force as is necessary and reasonable in the circumstances, to a police station or such other place as the member considers desirable;
(c) the power to detain the person (or cause the person to be detained) at a police station or other place for the purposes of submitting to a breath analysis under subsection 32(7).
341DA Subsection 38A(3)
Omit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.
Traffic (General) Regulations (Norfolk Island)
341E Subregulation 9N(1)
Repeal the subregulation, substitute:
(1) The following devices are prescribed for the purpose of carrying out a breath analysis under section 32 of the Act:
(a) Dräger Alcotest 7110 MKV, also known as the Draeger Alcotest 7110 MKV;
(b) Dräger Alcotest 9510 AUS, also known as the Draeger Alcotest 9510 AUS.
341F Subregulation 9N(2)
Omit “The device ”, substitute “A device”
341G Subregulation 9N(3)
Omit “the device”, substitute “a device”.
Trees Act 1997 (Norfolk Island)
341T Section 5 (definition of Chief Executive Officer)
Repeal the definition.
342 Subsection 11(1)
Omit “(1)”.
343 Subsection 11(2)
Repeal the subsection.
343A Subsection 29(3) (paragraph (d) of the definition of official)
Repeal the paragraph, substitute:
(d) a public servant.
Part 2—Application, saving and transitional provisions
Division 1—General saving and transitional provisions
344 General saving provision
(1) The amendments made by this Schedule do not affect the validity at or after the interim transition time of anything done before that time.
Example: Applications, appointments and instruments made, and permits granted, before the interim transition time under an enactment amended by this Schedule continue to have effect at and after that time for the purposes of that enactment as amended.
(2) To avoid doubt, subitem (1) does not prevent the variation or revocation, under an enactment amended by this Schedule, of anything done under the enactment before the interim transition time.
(3) Subitem (1) has effect subject to Division 2.
345 General transitional provision
If, under an enactment amended by this Schedule to include a reference to the Commonwealth Minister, the exercise of a power, or the performance of the function or duty, by the Commonwealth Minister at or after the interim transition time is affected by the doing of anything before that time, the enactment has effect as if anything that was done by or in relation to a Minister or the Administrator before that time had been done by or in relation to the Commonwealth Minister.
Note: For example, if:
(a) the enactment used to provide that the Minister may take an action if the Minister has carried out public consultation about the proposed action; and
(b) the enactment is amended to provide that the Commonwealth Minister may take the action if the Commonwealth Minister has carried out public consultation; and
(c) the Minister carried out public consultation before the interim transition time but did not take the action before that time;
the Commonwealth Minister may take the action after that time as if the Commonwealth Minister had carried out the public consultation.
Division 2—Specific application, saving and transitional provisions relating to amendments made on 18 June 2015
346 Application of amendments of the Annual Reports Act 2004
The amendments of the Annual Reports Act 2004 (Norfolk Island) made by this Schedule apply to annual reports for the financial year starting on 1 July 2014 and later financial years.
347 Transitional provisions relating to the Environment Act 1990
(1) Despite Division 1 of this Part, the appointment of a person described in paragraph 11(2)(a) of the Environment Act 1990 (Norfolk Island) (as in force immediately before the interim transition time) as a member of the Board terminates at that time.
Note 1: The Commonwealth Minister may appoint a replacement member: see subsection 11(2) of the Environment Act 1990 as amended by this Schedule.
Note 2: Under Division 1 of this Part, the persons who were members of the Board under paragraph 11(2)(b) of the Environment Act 1990 immediately before the interim transition time continue as members.
(2) If the Legislative Assembly had approved a proposal that an environmental impact statement be prepared in relation to an application, subsections 26(3) and 29(4) of the Environment Act 1990 (Norfolk Island), as amended by this Schedule, apply in relation to the application as if the Commonwealth Minister had determined that the statement be prepared.
350 Application and transitional provisions relating to section 41A of the Interpretation Act 1979
Application to instruments made at or after interim transition time
(1) Section 41A of the Interpretation Act 1979 (Norfolk Island), as amended by this Schedule, applies to instruments made at or after the interim transition time.
Application to instruments made before interim transition time
(2) That section also applies, with the modifications described in subitem (3), to an instrument (the old instrument) that:
(a) was made before the interim transition time, by an authority that was neither a Minister nor the Administrator, under an enactment that provided the instrument was a disallowable instrument; and
(b) either:
(i) was (wholly or partly) in force immediately before the interim transition time; or
(ii) is to commence (wholly or partly) at or after that time; and
(c) either:
(i) had not been laid before the Legislative Assembly before the interim transition time; or
(ii) had been laid before the Legislative Assembly less than 65 days before the interim transition time and had not been wholly disallowed before that time.
(3) That section applies as if:
(a) if the old instrument had not been laid before the Legislative Assembly before the interim transition time—the references in subsections (3) and (4) of that section to 14 days after the instrument is made were references to 14 days after the interim transition time; and
(b) if the old instrument had been laid before the Legislative Assembly before the interim transition time:
(i) subsections (3) and (4) of that section had not been enacted; and
(ii) a copy of the old instrument had been given to the Commonwealth Minister at the interim transition time.
Division 3—Application, saving and transitional provisions relating to amendments of the Employment Act 1988
352 Application of amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island)
The amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.
353 Continuation of conciliation, adjudication and review proceedings
Despite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:
(a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and
(b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and
(c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.
353A Public holidays
(1) The repeal and substitution of section 9 of the Employment Act 1988 (Norfolk Island), and the repeal of regulation 3A of the Employment Regulations 1991 (Norfolk Island), by this Schedule apply to 2016 and later years.
(2) However, paragraphs 9(1)(a) to (l) and (q), and subsection 9(2), of that Act as amended by this Schedule do not apply to 2016.
Division 4—Transitional provisions relating to the Norfolk Island Health and Residential Aged Care Service
354 Definitions
In this Division:
Enterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.
liability means any liability, duty or obligation, whether actual, contingent or prospective.
355 Vesting of liabilities of the Enterprise
(1) This item applies to a liability of the Enterprise immediately before 1 July 2016.
(2) The following provisions have effect:
(a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;
(b) the Norfolk Island Regional Council becomes the successor in law in relation to the liability.
Division 5—Savings provision relating to Justices of the Peace
356 Saving certain appointments of Justices of the Peace
Despite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.
Division 6—Application provision relating to amendments of the Health Act 1913
357 Application of repeal of section 10 of the Health Act 1913 (Norfolk Island)
The repeal of section 10 of the Health Act 1913 (Norfolk Island) made by item 102 of this Schedule applies in relation to conduct engaged in on or after 20 January 2017.
Schedule 2—Repeals
Part 1—Repeals of Acts
1 Repeal of Acts
Repeal the following Acts of Norfolk Island:
Airport Runways Loan Act 2003
Cascade Cliff Loan Act 1998
Census and Statistics Act 1961
Contagious Diseases Act 1957
Customs Act 1913
Departure Fee Act 1980
Foreign Marriages Act 1963
Goods and Services Tax Act 2007
Greenwich University Act 1998
Healthcare Act 1989
Healthcare Levy Act 1990
Immigration Act 1980
Legislative Assembly Act 1979
Legislative Assembly (Register of Members’ Interests) Act 2004
Norfolk Island Government Tourist Bureau Act 1980
Ombudsman Act 2012
Postal Services Act 1983
Provident Account Act 1958
Public Moneys Act 1979
Public Sector Remuneration Tribunal Act 1992
Public Service Act 2014
Referendum Act 1964
Registration of Dentists Act 1931
Social Services Act 1980
Standard Time and Daylight Saving Act 1974
Tuberculosis Act 1950
Weights Act 1926
Part 2—Repeals of regulations
2 Repeal of regulations
Repeal the following regulations of Norfolk Island:
Census and Statistics Regulations 2011
Criminal Code Regulations 2013
Customs Regulations 1986
Goods and Services Tax Regulations 2007
Healthcare Levy Regulations 2012
Healthcare Regulations 1991
Immigration Regulations 1984
Legislative Assembly (Register of Members’ Interests) Regulations 2005 (No. 4 of 2005)
Legislative Assembly Regulations
Medical Practitioners Registration Regulations 1987
Norfolk Island Government Tourist Bureau Regulations
Norfolk Island Hospital Finance Regulations 1989
Postal Services Regulations 2013
Public Service Regulations 2014
Social Services Regulations
Part 3—Transitional provisions relating to repeal of the Norfolk Island Government Tourist Bureau Act 1980
Division 1—Introduction
3 Definitions
In this Part:
Advisory Board has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.
asset means:
(a) any legal or equitable estate or interest in real or personal property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual, contingent or prospective.
assets official, in relation to an asset other than land, means the person or authority who:
(a) under a law of the Commonwealth, a State or a Territory; or
(b) under a trust instrument; or
(c) otherwise;
has responsibility for keeping a register in relation to assets of the kind concerned.
Bureau has the same meaning as in the Norfolk Island Government Tourist Bureau Act 1980 (Norfolk Island) as in force immediately before the repeal time.
land means any legal or equitable estate or interest in real property, whether actual, contingent or prospective.
land registration official, in relation to land, means the Registrar of Titles or other proper officer of the State or Territory in which the land is situated.
liability means any liability, duty or obligation, whether actual, contingent or prospective.
repeal time means the commencement of Schedule 4 to the Norfolk Island Continued Laws Amendment (2015 Measures No. 1) Ordinance 2015.
Division 2—Transfer of assets and liabilities of Bureau
4 Vesting of assets of the Bureau
(1) This item applies to an asset of the Bureau immediately before the repeal time.
(2) The following provisions have effect:
(a) at the repeal time, the asset ceases to be an asset of the Bureau and becomes an asset of the Administration without any conveyance, transfer or assignment;
(b) the Administration becomes the successor in law in relation to the asset.
5 Vesting of liabilities of the Bureau
(1) This item applies to a liability of the Bureau immediately before the repeal time.
(2) The following provisions have effect:
(a) at the repeal time, the liability ceases to be a liability of the Bureau and becomes a liability of the Administration without any conveyance, transfer or assignment;
(b) the Administration becomes the successor in law in relation to the liability.
6 Transfers of land to the Administration may be registered
(1) This item applies if:
(a) any land vests in the Administration under item 4; and
(b) there is lodged with a land registration official a certificate that:
(i) is signed by the responsible Commonwealth Minister; and
(ii) identifies the land, whether by reference to a map or otherwise; and
(iii) states that the land has become vested in the Administration under this Part.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to, the way in which dealings in land of that kind are registered; and
(b) deal with, and give effect to, the certificate.
7 Certificates relating to vesting of assets (other than land) in the Administration
(1) This item applies if:
(a) any asset other than land vests in the Administration under item 4; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the responsible Commonwealth Minister; and
(ii) identifies the asset; and
(iii) states that the asset has become vested in the Administration under this Part.
(2) The assets official may:
(a) deal with, and give effect to, the certificate as if it were a proper and appropriate instrument for transactions in relation to assets of that kind; and
(b) make such entries in the register as are necessary having regard to the effect of this Part.
Division 3—Transfer of other matters relating to the Bureau
8 Acts of the Bureau to be attributed to the Administration
Anything done by, or in relation to, the Bureau before the repeal time has effect, at and after that time, as if it had been done by, or in relation to, the Administration.
9 Substitution of the Administration as a party to certain pending proceedings
If, immediately before the repeal time, the Bureau was a party to proceedings pending in any court or tribunal, the Administration is substituted for the Bureau as a party to the proceedings at and after that time.
10 Transfer of records to the Administration
Any records or documents that were in possession of the Bureau or the Advisory Board immediately before the repeal time are to be transferred to the Administration after the repeal time.
11 References in certain instruments to the Bureau
(1) If:
(a) an instrument was in force immediately before the repeal time; and
(b) a reference is made in the instrument to the Bureau; and
(c) the instrument is an instrument covered by one or more of the following subparagraphs:
(i) an instrument that was made by the Bureau;
(ii) an instrument to which the Bureau was a party;
(iii) an instrument that was given to, or in favour of, the Bureau;
(iv) an instrument under which any right or liability accrues or may accrue to the Bureau;
(v) any other instrument in which a reference is made to the Bureau;
then the reference has effect after the repeal time as if the reference to the Bureau were a reference to the Administration.
(2) In this item:
exempt instrument means:
(a) an Act; or
(b) an instrument made under the Norfolk Island Act 1979; or
(c) an enactment (within the meaning of that Act).
instrument:
(a) includes:
(i) a contract, deed, undertaking or agreement; and
(ii) a notice, authority, order or instruction; and
(iii) an instrument made under an Act or under regulations; but
(b) does not include an exempt instrument.
Division 4—Employees of the Bureau
12 Transfer of employees
(1) For the purposes of this item, a person is a transferring employee if the person was employed by the Bureau immediately before the repeal time.
(2) At the repeal time, the transferring employee:
(a) ceases to be an employee of the Bureau; and
(b) becomes an employee of the Administration.
(3) A transferring employee who becomes an employee of the Administration under subitem (2) is taken to have been engaged by the Administration on the same terms and conditions as those that applied to the transferring employee, immediately before the repeal time, as an employee of the Bureau.
(4) This item does not prevent the terms and conditions of a transferring employee’s employment after the repeal time from being varied:
(a) in accordance with those terms and conditions; or
(b) by or under a law, award, determination or agreement.
(5) A transferring employee is not entitled to receive any payment or other benefit merely because he or she stopped being an employee of the Bureau as a result of this item.
(6) In this item:
vary, in relation to terms and conditions, includes:
(a) omit any of those terms and conditions; or
(b) add to those terms and conditions; or
(c) substitute new terms or conditions for any of those terms and conditions.
13 Accrued entitlements
(1) This item applies to a person if:
(a) the person was employed by the Bureau immediately before the repeal time; and
(b) at the repeal time, the person becomes an employee of the Administration.
(2) The person is taken to have accrued an entitlement to benefits, in connection with the person’s employment with the Administration, as the case may be, that is equivalent to the entitlement that the person had as an employee of the Bureau immediately before the repeal time.
(3) The service of the person as an employee of the Bureau is taken, for all purposes, to have been continuous with his or her service as an employee of the Administration.
Division 5—Other matters
14 Constitutional safety net
(1) If the operation of a provision of this Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph), the Commonwealth is liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the compensation, the person may institute proceedings in a court of competent jurisdiction for the recovery from the Commonwealth of such reasonable amount of compensation as the court determines.
15 Certificates taken to be authentic
A document that appears to be a certificate made or issued under a particular provision of this Part:
(a) is taken to be such a certificate; and
(b) is taken to have been properly given;
unless the contrary is established.
Part 4—Transitional provisions relating to the repeal of the Immigration Act 1980 and the Immigration Regulations 1984
16 Definitions
In this Part:
former Administrator means the Administrator of the Territory appointed under the Norfolk Island Act 1979, as in force immediately before 1 July 2016.
new Administrator means the Administrator of the Territory appointed under the Norfolk Island Administrator Ordinance 2016.
old Act means the Immigration Act 1980 (Norfolk Island) as in force immediately before 1 July 2016.
old Regulations means the Immigration Regulations 1984 (Norfolk Island) as in force immediately before 1 July 2016.
17 Review of decisions
(1) This item applies if:
(a) before 1 July 2016, a person, under section 84 of the old Act, requested the Commonwealth Minister to review a decision in relation to:
(i) an application for a general entry permit or a temporary entry permit; or
(ii) an application for an extension of the period during which a temporary entry permit remains in force; or
(iii) an application to be declared to be a resident of Norfolk Island; and
(b) a decision on the application for review had not been made before 1 July 2016.
(2) The Commonwealth Minister must make a decision on the application for review on, or as soon as practicable after, 1 July 2016 and for that purpose the old Act and the old Regulations continue in force on and after 1 July 2016 as if they had not been repealed.
(3) If the Commonwealth Minister grants the application, then the following provisions apply:
(a) if the application is of a kind mentioned in subparagraph (1)(a)(i)—the person is taken to have been granted a general entry permit or a temporary entry permit, as the case may be, on 30 June 2016;
(b) if the application is of a kind mentioned in subparagraph (1)(a)(ii)—the person is taken to have been granted, on 30 June 2016, an extension of the period for which the temporary entry permit remains in force;
(c) if the application is of a kind mentioned in subparagraph (1)(a)(iii)—the person is taken to have been declared to be a resident of Norfolk Island on 30 June 2016.
18 General transitional provision relating to the repeal of the Immigration Act 1980 (Norfolk Island)
Despite the repeal of the old Act and the old Regulations by this Schedule, that Act and those Regulations, as in force immediately before the repeal, continue to apply for the purpose of completing any processes that were commenced under that Act or those Regulations before the repeal.
Part 5—Saving provisions relating to repeal of the Public Service Act 2014
20 Saving of section 75 of the Public Service Act 2014
(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.
(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.
21 Saving of section 88 of the Public Service Act 2014
Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.
Part 6—Transitional provisions relating to repeal of the Goods and Services Tax Act 2007
22 Definitions
In this Part:
old Act means the Goods and Services Tax Act 2007 (Norfolk Island) as in force immediately before 1 July 2016.
registered person has the same meaning as in the old Act.
taxable supply has the same meaning as in the old Act.
termination day means 1 January 2018.
transition period means the period commencing on I July 2016 and ending on 1 January 2018.
23 The Goods and Services Tax Act 2007 to continue for certain purposes despite its repeal
(1) This item applies if:
(a) a registered person made a taxable supply before 1 July 2016; and
(b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.
(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:
(a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and
(b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and
(c) an assessment under section 11 of the old Act must not be issued after 1 July 2017; and
(d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.
Part 7—Transitional provisions relating to repeal of the Public Moneys Act 1979
24 Requirement to pay money to public account under the Public Moneys Act 1979 etc.
On and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.