Schedule 1—Amendments
Part 1—Amendments
Absentee Landowners Levy Act 1976 (Norfolk Island)
1AAAA Subsection 2(1) (definition of levy day)
After “year”, insert “other than 2017 or a later year”.
1AAAB At the end of subsection 5(1)
Add:
Note: The last levy day in respect of which the levy is imposed is 15 September 2016: see the definition of levy day in subsection 2(1).
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”.
Airport Act 1991 (Norfolk Island)
2B Section 2 (definition of authorised officer)
Omit “Minister”, substitute “Chief Executive Officer”.
2C Sections 3B, 3D and 3F
Omit “Minister” (wherever occurring), substitute “Chief Executive Officer”.
2D Subsection 3FA(1)
Omit “Minister may by written instrument delegate to a person any of the powers or functions of the Minister under this Act”, substitute “Chief Executive Officer may by written instrument delegate to an employee of the Administration any of the powers or functions of the Chief Executive Officer under this Act or the Regulations”.
2E Subsections 3FA(2) and (3)
Omit “Minister”, substitute “Chief Executive Officer”.
Airport Regulations 1992 (Norfolk Island)
2F Subregulations 3A(1) and (2)
Omit “Minister” (wherever occurring), substitute “Chief Executive Officer”.
2G Subregulation 3A(3)
Repeal the subregulation.
2H Subregulations 3B(5) to (9)
Omit “Minister” (wherever occurring), substitute “Chief Executive Officer”.
2J Regulation 3B (note)
Repeal the note.
2K Schedule (definition of specified service)
Repeal the definition.
2L Schedule (table A)
Omit “Specified Service” (first occurring), substitute “Regular Passenger Transport Service”.
2M Schedule (table A, table item 1, column headed “Fee”)
Omit “$23.10”, substitute “$45.00”.
2N Schedule (table A, table item 2, column headed “Fee”)
Omit “$41.10”, substitute “$45.00”.
2P Schedule (table A)
Omit “Specified Service” (second occurring), substitute “Regular Passenger Transport Service”.
2Q Schedule (table A, table item 12, column headed “Fee”)
Omit “$25.70”, substitute “$45.00”.
2R Schedule (table B)
Omit “$500,000”, substitute “$50,000”.
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)
22AA Subsection 3(1) (definition of Crown Law Officer)
Repeal the definition.
22AB Subsection 26(3)
Omit “Crown Law Officer or a person authorised by a Crown Law Officer in writing in that behalf”, substitute “member of the police force”.
22B Subsection 28(5)
Omit “administering the Immigration Act 1980”.
22BA Paragraph 48(3)(a)
Omit “Crown Law Officer or a person authorised by him or her in writing in that behalf”, substitute “member of the Police Force”.
22BB Paragraph 48(4)(c)
Repeal the paragraph.
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)
23AAA Subsection 4(1) (definition of Director of Gaming and Deputy Director of Gaming)
Repeal the definition.
23AA Subsection 4(1) (at the end of the definition of licensed operations)
Add:
Note: A licence does not authorise a licensee to provide bookmaking or betting exchange services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.
23 Subsection 4(2)
Omit “within the power of the Legislative Assembly”, substitute “possible”.
23A Part 2 (heading)
Repeal the heading, substitute:
Part 2—Bookmaking
23B Division 1 of Part 2 (heading)
Repeal the heading, substitute:
Division 1—Prohibition of bookmaking
23C Section 6 (heading)
Repeal the heading, substitute:
6 Prohibition of bookmaking
23D Subsection 6(1)
Omit “(1) A person must not operate as a bookmaker except in accordance with a licence”, substitute “A person must not, on or after 1 April 2017, operate as a bookmaker”.
23E Subsections 6(2) and (3)
Repeal the subsections.
23F At the end of section 8
Add “However, a licence must not be granted on or after 1 April 2017.”.
23G Subsection 9(1)
Omit “(1)”.
23H Subsection 9(2)
Repeal the subsection.
23J At the end of section 9
Add:
Note: However, a licence does not provide an exception to any offences in this Act on or after 1 April 2017.
24 Division 4 of Part 2
Repeal the Division.
24AA Section 19A (heading)
Repeal the heading, substitute:
19A Prohibition of betting exchanges
24AB Subsection 19A(1)
Omit “(1) A person must not carry on the business of a betting exchange except in accordance with a betting exchange licence”, substitute “A person must not, on or after 1 April 2017, carry on the business of a betting exchange”.
24AC At the end of subsection 19A(2)
Add “However, a licence must not be issued on or after 1 April 2017.”.
24AD Sections 19B and 19E
Repeal the sections.
24ADA Section 41
Omit “a member of the Authority, the Director of Gaming, the Deputy Director of Gaming, or” (wherever occurring).
24ADB Section 43
Repeal the section.
24AE Subsection 46(1)
Omit “issue,”.
24AF Section 48
Repeal the section.
Bores and Wells Act 1996 (Norfolk Island)
24AG Title
Omit “until the commencement of Part 3 of the Public Health Act 1996”.
24AH Subsection 6(1)
Omit “(1)”.
24AI Subsections 6(2) and 7(3) and (4)
Repeal the subsections.
24AJ Subsection 10(1)
Omit “before the date of commencement of Part 3 of the Public Health Act 1996”.
Building Act 2002 (Norfolk Island)
24AK Subsection 5(1) (paragraph (b) of the definition of building work)
Omit “Public Health Act 1996”, substitute “Environment Act 1990”.
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”.
29AAA At the end of Chapter 3
Add:
23A General nature of proceedings under this Act
(1) Proceedings under this Act are not to be conducted in an adversarial manner.
(2) Proceedings under this Act are to be conducted with as little formality and legal technicality as the circumstances of the case permit.
(3) In proceedings under this Act, the court is not bound by the rules of evidence unless the court determines that the rules of evidence, or such of those rules as are specified by the court, are to apply to the proceedings or parts of the proceedings.
(4) In proceedings under this Act, the standard of proof is proof on the balance of probabilities.
(5) Without limiting subsection (4), any requirement under this Act that the court be satisfied as to a particular matter is a requirement that the court be satisfied on the balance of probabilities.
(6) In this section:
proceedings under this Act does not include proceedings relating to an offence against this Act.
29AA Paragraph 24(1)(a)
Omit “Chief Executive Officer”, substitute “Commonwealth Minister”.
29AB Paragraph 24(1)(b)
Repeal the paragraph, substitute:
(b) The Commonwealth Minister may, by legislative instrument, give written directions to the child welfare officer about the exercise of his or her functions and powers under this Act.
Note: Section 42 (disallowance) and Part 4 of Chapter 3 (sunsetting) of the Legislation Act 2003 (Commonwealth) do not apply to the directions (see regulations made for the purposes of paragraphs 44(2)(b) and 54(2)(b) of that Act).
(ba) A direction under paragraph (b) must be of a general nature only.
(bb) Subject to any direction given to the child welfare officer by the court, the child welfare officer must comply with a direction under paragraph (b).
29AC Paragraph 24(1)(c)
Omit “Chief Executive Officer”, substitute “Commonwealth Minister”.
29AD Subparagraph 24(1)(c)(i)
Omit “persistently”.
29A Paragraph 24(1)(d)
Repeal the paragraph.
29B Subparagraph 24(1)(e)(v)
Omit “Chief Executive Officer”, substitute “Commonwealth Minister”.
30 Subsection 24(2) (note)
Repeal the note.
30AA After subsection 27(9)
Insert:
(9A) If the child welfare officer furnishes information to a defined entity under this section, the defined entity is authorised, for the purposes of the Privacy Act 1988 of the Commonwealth, to collect the information.
30AB Subsection 27(10)
After “give”, insert “or collect”.
30AC Subsection 27(11) (paragraph (j) of the definition of defined entity)
Repeal the paragraph, substitute:
(j) a Department of State of the Commonwealth, or of a State or Territory;
(k) a person contracted by a defined entity:
(i) to provide health care, welfare, education or residential services to children or young people; or
(ii) to assist the child welfare officer in exercising a function or power under this Act; or
(iii) to assist the defined entity in connection with the administration of this Act;
(l) a body determined by the Commonwealth Minister under subsection (12).
A reference in this section to a defined entity includes a reference to any part (however described) of the defined entity.
30AD At the end of section 27
Add:
(12) The Commonwealth Minister may, by legislative instrument, determine a body (including an unincorporated body) for the purposes of paragraph (l) of the definition of defined entity in subsection (11).
30A Subsection 28(4)
Omit “Chief Executive Officer”, substitute “Commonwealth Minister”.
31 Section 32
Repeal the section, substitute:
32 Delegation by child welfare officer
The child welfare officer may delegate the child welfare officer’s functions or powers under this Act or an interstate law to:
(a) an employee under the Norfolk Island Health and Residential Aged Care Service Act 1985; or
(b) a person with expertise in the provision of child welfare services who is approved, in writing, by the Commonwealth Minister; or
(c) an APS employee who holds, or is acting in, an Executive Level 2, or equivalent, position in the Department.
Note For the making of delegations and the exercise of delegated functions, see sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth applying because of section 8A of the Interpretation Act 1979.
31AA Paragraph 33(3)(c)
Omit “Education Act 1931”, substitute “Education Act 1990 (NSW) (NI)”.
31A Subsection 43(1)
Repeal the subsection, substitute:
(1) If the child welfare officer receives a report about a child or young person under section 40, 40A or 41, the child welfare officer must:
(a) consider the report; and
(b) after considering the report, take whatever action is necessary to safeguard or promote the safety, welfare and well‑being of the child or young person.
31B After subsection 43(1)
Insert:
(1A) However, the child welfare officer may decide to take no action after considering the report if:
(a) the child welfare officer considers, on the basis of the information provided in the report, that there is insufficient reason to believe that the child or young person is in need of care and protection; or
(b) the child welfare officer considers that the circumstances that led to the report have been, or are being, adequately dealt with.
31C Subsection 43(3)
After “this Act”, insert “, other than this section and section 44,”.
31D Paragraph 44(1)(b)
Repeal the paragraph, substitute:
(b) for each such report:
(i) the child welfare officer’s decision to take action, or to take no action, in relation to the report; and
(ii) the reasons for the decision; and
(iii) any action taken in relation to the report; and
(iv) any child protection appraisal made as a result of the report.
31DA Paragraph 47(3)(d)
Omit “of or over the school‑leaving age”, substitute “15 or over”.
31DB Paragraph 48(1)(d)
Omit “of or over school‑leaving age”, substitute “15 or over”.
31DC Section 49
Omit “has reached the school‑leaving age”, substitute “is 15 or over”.
31DD Section 49 (note)
Repeal the note.
31E Subsections 85(4) and (5)
Repeal the subsections.
31EA After subsection 90(3)
Insert:
(3A) To avoid doubt, the premises and places in which a child or young person may be provided with care and protection under this section include premises and places outside Norfolk Island.
31EB Subsections 92(4) and (5)
Repeal the subsections.
31F Paragraph 93(2)(a)
Omit “2 working days”, substitute “3 working days”.
31G Subsections 103(3) and (4)
Repeal the subsections.
31H Section 111
Omit “Chief Executive Officer”, substitute “Commonwealth Minister”.
31J Subsections 114(4) and (5)
Repeal the subsections.
31K Paragraph 116(2)(b)
Omit “Chief Executive Officer”, substitute “Commonwealth Minister”.
31L Subsections 131(1) and (2)
Repeal the subsections.
32 Subsection 145(5)
Repeal the subsection.
32AA Paragraph 147(1)(a)
Omit “of or over the school‑leaving age”, substitute “who is 15 or over”.
32AB Subsection 185(3)
Repeal the subsection.
32A After section 193
Insert:
193A Notifying child welfare officer of certain convictions
(1) If a person is convicted in the court of Petty Sessions of an offence covered by subsection (3), the Clerk of the court must, as soon as practicable, notify the child welfare officer of the conviction.
(2) If a person is convicted in the Supreme Court of an offence covered by subsection (3), the Registrar of the court must, as soon as practicable, notify the child welfare officer of the conviction.
(3) An offence is covered by this subsection if it is an offence against any of the following provisions of the Criminal Code 2007 that is committed against or with a child or young person:
(a) Part 3.6 (sexual offences);
(b) Part 3.7 (child pornography);
(c) Part 3.9 (female genital mutilation);
(d) Part 3.10 (sexual servitude).
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”.
37AAA Dictionary (definition of school)
Repeal the definition, substitute:
school means a government school (within the meaning of the Education Act 1990 (NSW) (NI)).
37AAB Dictionary (definition of school‑leaving age)
Repeal the definition.
Community Title Act 2015 (Norfolk Island)
37A Subsection 2(2)
Omit “a day or days fixed by the Administrator”, substitute “the day after the Norfolk Island Continued Laws Amendment (Community Title) Ordinance 2018 is registered on the Federal Register of Legislation”.
37B Section 3 (heading)
Repeal the heading, substitute:
3 Binding the Crown
37C Subsection 3(1)
Omit “and the Administration”, substitute “in each of its capacities”.
37D Subsection 3(2)
Omit “or the Administration”.
37E Subsection 5(1)
Insert:
approved form means a form approved by the Registrar.
37F Paragraph 21(3)(g)
Omit “form prescribed by regulation”, substitute “approved form”.
37G Paragraph 21(3)(h)
Omit “prescribed form”, substitute “approved form”.
37H Paragraphs 35(3)(a) and 38(2)(e)
Omit “form prescribed by regulation”, substitute “approved form”.
37J Subsection 38(5)
Repeal the subsection, substitute:
(5) If the body corporate does not make any rules or revokes all of its rules, the model rules set out in Schedule 1A apply to it.
(6) If the model rules set out in Schedule 1A provide for a matter and the rules of the body corporate do not provide for that matter, the model rules relating to that matter are taken to be included in the rules of the body corporate.
37K Subsection 39(6)
Omit “form prescribed by regulation”, substitute “approved form”.
37L Paragraphs 49(2)(n) and 52(7)(a)
Omit “form prescribed by regulation”, substitute “approved form”.
37M Subparagraph 54(6)(e)(ii)
Omit “form prescribed by regulation”, substitute “approved form”.
37N Paragraphs 60(3)(d) and (e) and 62(3)(f) and (g)
Omit “form prescribed by regulation”, substitute “approved form”.
37P Subsection 141(4)
Repeal the subsection.
37Q Section 166
Repeal the section, substitute:
166 Regulations and other matters in Schedule 6
(1) This Act has effect as if regulations had been made in the terms of the provisions of Schedule 6 that are expressed to be made for the purposes of another provision of this Act.
(2) Any other provision of Schedule 6 has effect according to its terms.
37R Subparagraph 12(4)(b)(i) of Schedule 1
Omit “form prescribed by regulation”, substitute “approved form”.
37S After Schedule 1
Insert:
Schedule 1A—Model rules for body corporate
Note: See subsections 38(5) and (6).
Part 1—Health, safety and security
1 Health, safety and security of lot owners, occupiers of lots and others
A lot owner or occupier must not use the lot, or permit it to be used, so as to cause a hazard to the health, safety and security of an owner, occupier or user of another lot.
2 Storage of flammable liquids and other dangerous substances and materials
(1) Except with the approval in writing of the body corporate, an owner or occupier of a lot must not use or store on the lot or on the common property any flammable chemical, liquid or gas or other flammable material.
(2) This rule does not apply to:
(a) chemicals, liquids, gases or other material used or intended to be used for domestic purposes; or
(b) any chemical, liquid, gas or other material in a fuel tank of a motor vehicle or internal combustion engine.
3 Waste disposal
An owner or occupier must ensure that the disposal of garbage or waste does not adversely affect the health, hygiene or comfort of the occupiers or users of other lots.
Part 2—Management and administration
4 Metering of services and apportionment of costs of services
(1) The body corporate must not seek payment or reimbursement for a cost or charge from a lot owner or occupier that is more than the amount that the supplier would have charged the lot owner or occupier for the same goods or services.
(2) If a supplier has issued an account to the body corporate, the body corporate cannot recover from the lot owner or occupier an amount which includes any amount that is able to be claimed as a concession or rebate by or on behalf of the lot owner or occupier from the relevant supplier.
(3) Subrule (2) does not apply if the concession or rebate:
(a) must be claimed by the lot owner or occupier and the body corporate has given the lot owner or occupier an opportunity to claim it and the lot owner or occupier has not done so by the payment date set by the relevant supplier; or
(b) is paid directly to the lot owner or occupier as a refund.
Part 3—Use of common property
5 Use of common property
(1) An owner or occupier of a lot must not obstruct the lawful use and enjoyment of the common property by any other person entitled to use the common property.
(2) An owner or occupier of a lot must not, without the written approval of the body corporate, use for his or her own purposes as a garden any portion of the common property.
(3) An approval under subrule (2) may state a period for which the approval is granted.
(4) If the body corporate has resolved that an animal is a danger or is causing a nuisance to the common property, it must give reasonable notice of this resolution to the owner or occupier who is keeping the animal.
(5) An owner or occupier of a lot who is keeping an animal that is the subject of a notice under subrule (4) must remove that animal.
(6) Subrules (4) and (5) do not apply to an animal that assists a person with an impairment or disability.
6 Vehicles and parking on common property
An owner or occupier of a lot must not, unless in the case of an emergency, park or leave a motor vehicle or other vehicle or permit a motor vehicle or other vehicle:
(a) to be parked or left in parking spaces situated on common property and allocated for other lots; or
(b) on the common property so as to obstruct a driveway, pathway, entrance or exit to a lot; or
(c) in any place other than a parking area situated on common property specified for that purpose by the body corporate.
7 Damage to common property
(1) An owner or occupier of a lot must not damage or alter the common property without the written approval of the body corporate.
(2) An owner or occupier of a lot must not damage or alter a structure that forms part of the common property without the written approval of the body corporate.
(3) An approval under subrule (1) or (2) may state a period for which the approval is granted, and may specify the works and conditions to which the approval is subject.
(4) An owner or person authorised by an owner may install a locking or safety device to protect the lot against intruders, or a screen or barrier to prevent entry of animals or insects, if the device, screen or barrier is soundly built and is consistent with the colour, style and materials of the building.
(5) The owner or person referred to in subrule (4) must keep any device, screen or barrier installed in good order and repair.
Part 4—Lots
8 Change of use of lots
An owner or occupier of a lot must give written notification to the body corporate if the owner or occupier changes the existing use of the lot in a way that will affect the insurance premiums for the body corporate.
Example: If the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes.
Part 5—Behaviour of persons
9 Behaviour of owners, occupiers and invitees on common property
An owner or occupier of a lot must take all reasonable steps to ensure that guests of the owner or occupier do not behave in a manner likely to unreasonably interfere with the peaceful enjoyment of any other person entitled to use the common property.
10 Noise and other nuisance control
(1) An owner or occupier of a lot, or a guest of an owner or occupier, must not unreasonably create any noise likely to interfere with the peaceful enjoyment of any other person entitled to use the common property.
(2) Subrule (1) does not apply to the making of a noise if the body corporate has given written permission for the noise to be made.
Part 6—Dispute resolution
11 Grievance procedure
(1) The grievance procedure set out in this rule applies to disputes involving a lot owner, manager or occupier or the body corporate.
(2) The party making the complaint must prepare a written statement in the approved form.
(3) If there is a grievance committee of the body corporate, it must be notified of the dispute by the complainant.
(4) If there is no grievance committee, the body corporate must be notified of any dispute by the complainant, regardless of whether the body corporate is an immediate party to the dispute.
(5) The parties to the dispute must meet and discuss the matter in dispute, along with either the grievance committee or the body corporate, within 14 business days after the dispute comes to the attention of all the parties.
(6) A party to the dispute may appoint a person to act or appear on his or her behalf at the meeting.
(7) If the dispute is not resolved, the grievance committee or body corporate must notify each party of his or her right to take further action under Part 14 of the Community Title Act 2015.
(8) This process is separate from and does not limit any further action under Part 14 of the Community Title Act 2015.
37T At the end of the Act
Add:
Schedule 6—Regulations and other matters
Note: See section 166.
Part 1—Preliminary
1 Interpretation—definition of special resolution
For the purposes of subparagraph (b)(i) of the definition of special resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that subparagraph.
2 Interpretation—definition of unanimous resolution
For the purposes of paragraph (a) of the definition of unanimous resolution in subsection 5(1), the reason for the proposed resolution is information that must be served in accordance with that paragraph.
Part 2—Requirements relating to schemes and plans
3 Scheme description—section 34
(1) In order to comply with section 34 a scheme description must:
(a) be in a form approved by the Registrar; and
(b) identify the community parcel and the lots and common property into which the parcel is to be divided (this may be done by reference to the plan of community division with which the description will be filed); and
(c) describe the purpose or purposes for which the lots and common property may be used; and
(d) specify the standard of buildings and other improvements (if any) to be, or which may be, erected on or made to the lots or common property; and
(e) if the scheme is to be completed in stages:
(i) identify the part or parts of the community parcel (which may, in the case of a strata scheme, include a stratum or strata of space not defined by a building or other monument) to be developed in a subsequent stage or subsequent stages; and
(ii) provide a brief description of the nature and scope of the development to be undertaken in respect of each stage; and
(iii) state the time expected for the completion of each stage or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and
(f) if the owner or owners of one or more of the community lots are to be under an obligation to develop the lot—include a brief description of the nature and scope of that development and the time for its completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and
(g) if the developer is to make improvements to the common property or undertake any other development work on the common property—include a brief description of the nature and scope of those improvements or that work and the time expected for their completion or, if it is not possible to estimate a time for completion, explain briefly why it is not possible to do so; and
(h) if the division or other development of the land pursuant to the scheme is subject to conditions imposed by development approval under the Planning Act 2002—set out those conditions in full; and
(j) set out any other important features of the scheme; and
(k) be endorsed with a certificate in the approved form from the person who prepared the scheme description certifying that the scheme description has been correctly prepared in accordance with this Act; and
(m) include any other information required by this Schedule.
(2) The scheme description of a secondary scheme must not be inconsistent with the scheme description or the rules of the primary scheme and the scheme description of a tertiary scheme must not be inconsistent with the scheme description or the rules of the secondary or primary scheme.
(3) A scheme description should be written as clearly as possible and should not include any unnecessary detail.
(4) Before endorsing a scheme description, the Registrar may require modifications to it:
(a) to add any information that is necessary or desirable in the opinion of the Registrar; or
(b) to clarify any part of the description; or
(c) to remove any unnecessary detail.
4 Plans and maps to comply with guidelines
A plan or map lodged with the Registrar must comply with any requirements specified in guidelines issued, from time to time, by the Registrar.
5 Lot entitlements—subsection 26(3)
The aggregate of the lot entitlements of all community lots defined on a plan of community divisions may be any whole number between 2 and 100,000 but must not be a number that exceeds 100,000.
6 Minor amendment of plan—subsection 56(3)
The minor amendment of the delineation of lots or common property referred to in subsection 56(3) is a change in the position of the boundary of a lot or the common property by 200 millimetres or less.
7 Submission of outer boundary survey plan
(1) Subject to subclause (2), a person who intends making an application for the division of an allotment or allotments by a primary plan of community division must, before making the application, submit to the Registrar:
(a) an outer boundary survey plan of the land to be divided in a form approved by the Registrar; and
(b) the appropriate fee prescribed by clause 45.
(2) Subclause (1) does not apply in relation to an application for the division of land in respect of which the Registrar has determined that subclause (1) should not apply.
(3) The Registrar must examine the outer boundary survey plan and must, if satisfied that the requirements of this Schedule have been met and the information on the plan appears to be adequate and accurate, send a copy of the plan to the applicant or the applicant’s manager.
8 Examination of plans
The Registrar must not accept the filing of a plan under this Act unless he or she has examined the plan and is satisfied with it.
9 Additional information as to applications
The Registrar may require a person who has made an application to him or her under this Act to provide him or her with any information that the Registrar requires to consider the application.
10 Certification of irregular boundaries
Where a plan shows land bounded by a watercourse, the sea or some other irregular boundary, the Registrar may require the accuracy of the boundary as shown on the plan to be certified by a licensed surveyor.
11 Notification on deposit of plan
(1) After the Registrar registers a plan under this Act he or she must notify the applicant or the applicant’s manager in writing of the registration.
(2) A notification or other document required to be given under this clause may be sent by electronic means.
12 Issue of certificates of title on deposit of plan
Upon registering a plan of community division, the Registrar must issue a separate certificate of title for each lot and the common property created by the plan.
13 Application to Tribunal to amend or Supreme Court to cancel a community plan—sections 61 and 69
(1) For the purposes of subsection 61(4), in determining an application to amend a community plan, the Tribunal must have regard to the matters set out in subclause (3).
(2) For the purposes of subsection 69(3), in determining an application to cancel a community plan, the Supreme Court must have regard to the matters set out in subclause (3).
(3) The matters are:
(a) whether there is evidence that any owners object to the amendment or cancellation and, if so, how many owners object to it; and
(b) whether there are to be any adverse consequences to owners if the application is granted and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and
(c) whether there are to be any adverse consequences to owners if the application is refused and the extent to which those adverse consequences could be ameliorated or alleviated by court order or other action; and
(d) any other reason why it is in the interests of justice that the application should be granted or refused.
Part 3—Administration of community schemes
Division 1—General
14 Content of rules—subsection 38(3)
For the purposes of subsection 38(3), the rules may:
(a) regulate:
(i) the position, design, dimensions, methods and materials of construction and external appearance of buildings or other improvements on community lots; or
(ii) the maintenance and repair of buildings or other improvements on community lots; or
(iii) landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; or
(b) impose requirements or restrictions relating to the appearance of community lots or buildings or other improvements situated on community lots; or
(c) regulate the use and enjoyment of community lots in order to prevent interference with the use and enjoyment of other lots.
15 Body corporate managers—section 82
(1) For the purposes of paragraph 82(2)(b), a body corporate manager must provide the body corporate with a copy of the schedule to the policy of professional indemnity insurance maintained by the body corporate manager that sets out:
(a) the name of the body corporate manager; and
(b) the name of the insurer; and
(c) the nature of the policy; and
(d) the amount for which indemnity is provided under the policy.
(2) For the purposes of paragraph 82(2)(c), a policy of professional indemnity insurance maintained by a body corporate manager must provide an indemnity of at least $1.5 million per claim during a period of 12 months.
(3) For the purposes of paragraph 82(3)(f), a contract between a body corporate manager and a body corporate must contain the following particulars:
(a) a statement verifying that the body corporate manager is insured under a policy of professional indemnity insurance as required by this Act and an undertaking by the body corporate manager that the body corporate manager will maintain that insurance throughout the life of the contract;
(b) an undertaking by the body corporate manager that the body corporate manager will allow any member of the community corporation to inspect, at any time during ordinary business hours, the records of the community corporation in the possession or control of the body corporate manager and specifying how an inspection can be arranged.
(4) For the purposes of subsection 82(8), the body corporate manager must ensure the availability of a copy of a pamphlet that sets out the role of the body corporate manager and the rights of the body corporate and its members, including:
(a) the right to inspect records held by the manager; and
(b) the right to revoke the delegation of a particular function of the manager; and
(c) the right to appoint the manager as a proxy and revoke that appointment; and
(d) the right to be informed of any payment that the manager receives from another trader for placing the corporation’s business; and
(e) the right to terminate the contract; and
(f) the right to apply to the Tribunal for a resolution of any dispute.
16 Return of records and trust money when delegations revoked—section 84
(1) For the purposes of subsection 84(6), records must:
(a) be returned by mail sent by registered post; or
(b) be made available for collection;
within 10 business days of the delegations being revoked.
(2) For the purposes of subsection 84(6), trust money must:
(a) be returned by electronic funds transfer; or
(b) be returned by cheque sent by registered post; or
(c) be made available for collection;
within 10 business days of the delegations being revoked.
(3) For the purposes of paragraph 84(7)(b), the maximum fee that may be charged for providing a copy of records of the body corporate is 0.05 fee units per page.
17 Matters to be addressed at first general meeting—paragraph 86(2)(e)
The following are prescribed under paragraph 86(2)(e) as matters that must be addressed at the first general meeting of a body corporate:
(a) whether the policies of insurance taken out by the developer are adequate;
(b) whether the body corporate should establish a management committee;
(c) the delegation of functions and powers by the body corporate;
(d) whether the rules of the scheme need amendment.
18 Agenda for annual general meeting—subparagraph 87(6)(d)(vi)
For the purposes of subparagraph 87(6)(d)(vi), the agenda for each annual general meeting must include:
(a) the appointment of the presiding officer, treasurer and secretary of the body corporate; and
(b) other appointments to be made or revoked by the body corporate at the meeting; and
(c) the policies of insurance required by this Act to be held by the body corporate; and
(d) the number of applications for relief made under Part 14 and the nature of the claims or disputes the subject of those applications; and
(e) if it is proposed to enter into a contract, or renew or extend a contract, with a body corporate manager under section 82:
(i) the text of the resolution to enter into, or renew or extend, the contract; and
(ii) where and when a copy of the contract or proposed contract, and the pamphlet referred to in subclause 15(4), can be viewed or obtained by members of the body corporate; and
(iii) the matter of landscaping, including the establishment, care and maintenance of lawns, gardens and other areas on community lots; and
(f) proposed controls on expenditure by delegates of the body corporate.
19 Procedure at meetings—Schedule 2
(1) For the purposes of subrule 1(4) of Schedule 2, if a member of the body corporate has given the body corporate manager or an employee of the body corporate manager a specific proxy or power of attorney to vote on the question of whether the manager or employee of the manager is to preside at a meeting of the body corporate, the manager or employee is entitled to vote on that question at the meeting as a proxy or attorney of the member in accordance with the terms of that specific proxy or power of attorney.
(2) For the purposes of subrule 1(5) of Schedule 2, the following procedures must be followed at a meeting to which that subrule applies:
(a) the body corporate manager or employee of a body corporate manager must, at the outset of the meeting, inform the persons present and entitled to vote at the meeting of the proxies or powers of attorney that are held by him or her for the meeting and that those proxies or powers of attorney are available for inspection;
(b) the manager or employee of the manager must, at the outset of the meeting, also inform the persons present and entitled to vote at the meeting:
(i) that he or she may preside at the meeting only if the majority of persons present and entitled to vote agree to him or her presiding; and
(ii) that he or she is not entitled to vote on the question of whether he or she should preside at the meeting except as a proxy or attorney of a member of the body corporate acting in accordance with the terms of a specific proxy or power of attorney given in relation to the question; and
(iii) that he or she has no right to prevent any person present and entitled to vote at the meeting from moving or voting on any question or motion;
(c) the manager or employee of the manager must make any proxies or powers of attorney held by him or her available for inspection by persons present and entitled to vote at the meeting.
(3) For the purposes of subrule 1(9) of Schedule 2, a member of a body corporate may attend and vote at a meeting by a means of remote communication:
(a) if:
(i) the rules of the body corporate make provision for attendance and voting at meetings by members by means of remote communication; and
(ii) the member complies with any applicable requirements specified in those rules; or
(b) if:
(i) the member makes a request in writing, given to the secretary of the body corporate, to attend and vote at the meeting by means of remote communication; and
(ii) the secretary of the body corporate makes the necessary arrangements to receive and record the member’s attendance and voting at the meeting by remote communication; and
(iii) the member complies with any requirements of the secretary in relation to the request referred to in subparagraph (i).
(4) For the purposes of rule 6 of Schedule 2, a notice setting out the text of a proposed special resolution must also set out the reasons for the proposed resolution.
20 Fidelity guarantee insurance—section 103
For the purposes of subsection 103(3):
(a) a policy of fidelity guarantee insurance must insure a body corporate in the amount of:
(i) the maximum total balance of the body corporate’s bank accounts at any time in the preceding 3 years; or
(ii) $50,000;
whichever is higher; and
(b) the following kinds of bodies corporate are not required to maintain fidelity guarantee insurance:
(i) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000;
(ii) 2 lot bodies corporate with no administrative or sinking funds.
21 Proof of insurance—subsection 105(2)
For the purposes of subsection 105(2), a photocopy (including a copy made by digital means) of the current certificate of the insurance that includes reference to the matters in subsection 105(1), is required as evidence of compliance with that subsection.
22 Unanimous or special resolution for acquisition of property—paragraph 111(3)(b)
For the purposes of paragraph 111(3)(b):
(a) if the cost of the acquisition by a body corporate of property is $5,000 or more the acquisition must be authorised by a unanimous resolution of the body corporate; and
(b) if the cost of the acquisition by a body corporate of property is less than $5,000 the acquisition must be authorised by a special resolution of the body corporate.
23 Statement of expenditure etc.—section 112
(1) For the purposes of paragraph 112(1)(a), the prescribed period is:
(a) in the case of a body corporate consisting of at least 7 but not more than 20 community lots—3 years; or
(b) in the case of a body corporate consisting of more than 20 community lots—5 years.
(2) For the purposes of subsection 112(2), new information must be prepared for the purposes of paragraph 112(1)(a):
(a) if the proposed expenditure (other than recurrent expenditure) is for a period of 3 years—every 3 years; or
(b) if the proposed expenditure (other than recurrent expenditure) is for a period of 5 years—every 5 years.
(3) The following are excluded from the operation of paragraphs 112(1)(a) and (b):
(a) bodies corporate consisting of 6 or less community lots;
(b) bodies corporate that have buildings and other improvements on their common property insured for a sum not exceeding $100,000.
24 Interest on arrears of contributions by lot owners—paragraph 113(4)(b)
For the purposes of paragraph 113(4)(b), a body corporate, when fixing interest payable by the owner of a community lot in respect of a contribution, or an instalment of a contribution, that is in arrears must not:
(a) exceed a rate of 12% per annum; or
(b) demand payment of interest on unpaid interest.
25 Notice for payment of contribution or instalment—paragraph 113(6)(a)
For the purposes of paragraph 113(6)(a), a notice of a contribution, or of an instalment of a contribution, served by a body corporate on the owner of a lot must include the following information:
(a) identification of the lot in relation to which the contribution or instalment is payable;
(b) the amount of the contribution or instalment;
(c) in the case of a contribution that is payable in instalments—the amount of each instalment and the day on which each instalment is payable;
(d) the day on or before which the contribution or instalment must be paid (being a day not less than 14 days after the notice is served);
(e) the total amount that the body corporate has decided to raise by way of contributions by the owners of community lots;
(f) the purpose or purposes for which the money raised will be used;
(g) the rate of interest payable in respect of a contribution or instalment that is in arrears;
(h) the name of the person to whom the contribution or instalment should be sent or delivered.
26 Resolutions authorising expenditure—section 118
For the purposes of section 118, expenditure by a body corporate:
(a) of less than an amount that is equivalent to $2,000 multiplied by the number of community lots in the scheme must be authorised by an ordinary resolution of the body corporate; and
(b) of the amount referred to in paragraph (a) or more but less than an amount that is equivalent to $5,000 multiplied by the number of community lots in the scheme must be authorised by a special resolution; and
(c) of the larger of the 2 amounts referred to in paragraph (b) or more must be authorised by a unanimous resolution.
27 Register of owners of community lots—subsection 134(2)
For the purposes of subsection 134(2), the period prescribed is 7 years.
28 Records—sections 135 and 136
(1) For the purposes of paragraph 135(h), the following documentary material is prescribed (as material that must be kept by a body corporate):
(a) receipts for the expenditure of money;
(b) passbooks, deposit books and all other documents providing evidence of the deposit or investment of money (including bank statements).
(2) All documents and records kept by a body corporate must be kept in an orderly manner to enable them to be found easily for the purposes of inspection or copying.
(3) The following periods are prescribed for the purposes of section 135 and subsection 136(2) as the period for which a body corporate must keep its records and documents:
(a) minutes of meetings—30 years;
(b) accounting records—7 years;
(c) any statements of account—7 years;
(d) notices or orders served on the body corporate—7 years;
(e) correspondence—7 years;
(f) notices of meetings—7 years.
29 Audit—subsection 137(4)
(1) For the purposes of subparagraph 137(4)(a)(i), the prescribed amount (of the aggregate of the contributions made, or to be made, by members of the body corporate in respect of a year) is $10,000.
(2) For the purposes of subparagraph 137(4)(a)(ii), the prescribed amount (of the balance standing to the credit of the administrative fund and the sinking fund at the commencement of a year) is $10,000 for each fund.
30 Fee for provision of information—subsection 138(4)
(1) The following fees are prescribed for the purposes of subsection 138(4):
(a) in the case of an application for all or any of the information referred to in paragraph 138(1)(a):
(i) if the applicant is the owner of a community lot—no fee; and
(ii) in any other case—$15 per application;
(b) in the case of an application for copies of all or any of the documentary material referred to in paragraph 138(1)(b):
(i) if the applicant is the owner of a community lot—$5 per application; and
(ii) in any other case—$15 per application, plus an additional fee of $5 where the application is for, or includes a request for, a copy of current policies of insurance taken out by the body corporate;
(c) where an application is made to inspect all or any of the documentary material referred to in paragraph 138(1)(c):
(i) where the applicant is the owner of a community lot—no fee; and
(ii) in any other case—$5 per application;
(d) in the case of an application for the documentary material referred to in subsection 138(2)—$25 per application.
(2) A body corporate may reduce or waive any fees prescribed by subclause (1).
31 Services provided by bodies corporate—section 151
(1) A body corporate may, under section 151, provide to the owner or occupier of a lot any kind of service that relates to the ownership or occupation of the lot.
(2) The provision of a service under subclause (1) is subject to the following restrictions:
(a) a service must not be provided to a person who has not agreed with the body corporate to accept the service;
(b) the cost of the service must be paid for by the persons who have agreed to accept it and must not be subsidised by the body corporate.
32 Functions of secretary and treasurer of body corporate
(1) The secretary of a body corporate has the following functions:
(a) to prepare and distribute minutes of meetings of the body corporate and submit a motion for confirmation of the minutes of any meeting of the body corporate at the next such meeting;
(b) to give, on behalf of the members of the body corporate and the management committee, the notices required to be given under this Act;
(c) to answer communications addressed to the body corporate;
(d) to convene meetings of the management committee;
(e) to attend to matters of an administrative or secretarial nature in connection with the exercise, by the body corporate or the management committee, of its functions.
(2) The treasurer of a body corporate has the following functions:
(a) to notify owners of community lots of any contributions to be raised from them in accordance with this Act;
(b) to receive, acknowledge, bank and account for any money paid to the body corporate;
(c) to keep accounting records and prepare financial statements.
Note: The offices of secretary and treasurer can be held by the same person in certain circumstances—see section 78.
Division 2—Manager’s trust accounts
33 Authorisation of fees, costs and disbursements—paragraph 122(b)
(1) A manager may withdraw money from a trust account held on behalf of a body corporate in satisfaction of a claim that the manager has against the body corporate for fees, costs or disbursements if the body corporate has agreed in writing to pay to the manager those fees, costs or disbursements.
(2) A manager who becomes entitled to money held in the manager’s trust account in or towards satisfaction of the manager’s fees, costs or disbursements must, as soon as practicable (and in any event within 3 months), transfer the money to an account maintained by the manager for receipts other than trust money.
Maximum penalty: 5 penalty units.
34 Authorised trust accounts—section 123
For the purposes of section 123:
(a) a trust account approved by the Commonwealth Minister for the holding of trust money; and
(b) a trust account of a legal practitioner under the Legal Profession Act 1993;
are prescribed.
35 General duty with respect to electronic records
If a manager uses a computer program to keep records under this Division, the manager must ensure that:
(a) an electronic copy of all the records is made within 24 hours of any alteration of the records; and
(b) at least once in each week, an electronic copy of all the records is made and kept in a safe place at a location other than the premises where the computer program is operating; and
(c) before any information is deleted from the computer records, a hard copy of the information is made and kept by the manager as part of the manager’s records; and
(d) an up‑to‑date electronic copy of the computer program is made and kept in a safe place at a location other than the premises where the computer program is operating.
36 Cash books—paragraph 125(1)(c)
(1) For the purposes of paragraph 125(1)(c), the detailed accounts of receipts and disbursements of trust money to be compiled by a manager must comply with the following requirements:
(a) a cash receipts book must be kept in which the manager records the following information in respect of each receipt of trust money:
(i) the date and reference number of the receipt;
(ii) the name of the person from whom the money is received;
(iii) the name of the body corporate or reference to which the transaction relates;
(iv) brief particulars of the purpose of the receipt;
(v) the amount of the receipt;
(b) a cash payments book must be kept in which the manager records the following information in respect of each payment of trust money:
(i) the date and reference number of the cheque or electronic transfer of funds by which the payment was made;
(ii) the name of the payee;
(iii) the body corporate’s name or reference to which the transaction relates;
(iv) brief particulars of the purpose of the payment;
(v) the amount of the cheque or electronic transfer of funds.
(2) However, a manager need not keep a cash receipts book or a cash payments book as required by subclause (1) if the manager uses a computer program to record the information referred to in that subclause in respect of each receipt or payment of trust money and the program:
(a) requires input in each field of a data entry screen intended to receive information in respect of a receipt or payment so that all of the information referred to in subclause (1) is recorded in respect of each receipt and payment; and
(b) is capable, at any time, of producing:
(i) a report of the information in respect of receipts of trust money in the order in which they were received; and
(ii) a report of the information in respect of payments of trust money in the order in which they were made.
(3) A manager who uses a computer program as referred to in subclause (2) must ensure that:
(a) at the end of each month, hard copies of each of the following reports are produced:
(i) a report of the information in respect of receipts of trust money received during that month in the order in which they were received;
(ii) a report of the information in respect of payments of trust money made during that month in the order in which they were made; and
(b) those hard copies are kept as part of the manager’s records.
(4) The records of receipts and payments must be made by the manager in accordance with this clause in the order in which they are received or made, each such record being made within 2 business days after the receipt or payment in question.
(5) Subclause (4) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.
37 Separate trust ledger accounts
(1) A manager must ensure that the manager’s trust ledger accounts are kept separately:
(a) in respect of each of the manager’s clients; and
(b) if the manager performs services for a body corporate in respect of a number of transactions between different parties—in respect of each such transaction.
(2) The manager must record in each of the separate accounts the following details:
(a) the name and address of the body corporate to whom the accounts relate;
(b) a brief description of the service provided and the transaction to which the accounts relate;
(c) in respect of each receipt or disbursement of trust money:
(i) the date and reference number of the receipt or disbursement; and
(ii) the name of the person from whom the money is received or to whom the money is disbursed; and
(iii) brief particulars of the purpose of the receipt or disbursement; and
(iv) the amount received or disbursed.
(3) The manager must ensure that any changes in the details referred to in paragraph (2)(a) or (b) are recorded in a manner that enables the changes and the order in which they occurred to be identified.
(4) If the manager transfers money between any of the separate accounts, the manager must clearly record the transfer:
(a) in both accounts; and
(b) in a transfer journal;
in sufficient detail that the transfer may be clearly understood.
(5) The records of receipts, disbursements and transfers must be made by the manager in accordance with this clause in the order in which the receipts, disbursements or transfers are received or made, each such record being made within 2 business days after the receipt, disbursement or transfer in question.
(6) Subclause (5) does not apply in relation to receipts or payments by way of electronic transfer of funds, a record of which must be made within 2 business days after the manager receives official confirmation that the transfer has occurred.
(7) If a manager uses a computer program to keep trust ledger accounts or a transfer journal, the manager must ensure that:
(a) the program is incapable of:
(i) recording a transaction that would result in a debit balance in a trust ledger account unless a separate contemporaneous record of the transaction is also made so that, at any time, a hard copy may be produced of all such transactions in chronological order; and
(ii) deleting from its records the information relating to a trust ledger account unless the balance of the account is nil and a hard copy of all of the information required under this Division relating to the account has been produced; and
(iii) changing existing information relating to a transaction otherwise than by making a further entry showing a separate transaction to effect the change; and
(b) the program automatically inserts consecutive page numbers into any hard copy report produced by use of the program; and
(c) the program requires input in each field of a data entry screen intended to receive information for the purposes of a trust ledger account or transfer journal so that the entry contains all of the information required by this clause; and
(d) hard copies of the trust ledger accounts and transfer journal are produced within 2 business days of a request from the Commonwealth Minister or the manager’s auditor.
38 Reconciliation statements
At the end of each month, reconciliation statements must be prepared:
(a) reconciling the balance of the manager’s cash books, or equivalent computer records, kept under clause 36 with the balance of the manager’s trust account; and
(b) reconciling the balances of the ledgers comprised in the manager’s trust ledger accounts with the balance of the manager’s trust account;
(but the manager is not required to set out in a statement a list of individual balances, or the names of the bodies corporate on whose behalf money is held).
39 Receipt of trust money
(1) For the purposes of paragraph 125(2)(a), the receipt that a manager must make available to a person making a payment of trust money must:
(a) be legibly written on a form comprised in a series of consecutively pre‑numbered duplicate receipt forms marked with the name of the manager and the words “Trust Account”; and
(b) contain the following information:
(i) in the case of a payment made by electronic transfer of funds into a manager’s trust account—the date on which the manager makes out the receipt;
(ii) in any other case—the date of the payment;
(iii) the name of the person making the payment;
(iv) whether the payment is by cash, cheque, bank cheque or electronic transfer of funds into the manager’s trust account and, if the payment is by cheque or bank cheque, the name of the drawer of the cheque;
(v) the name of the body corporate for whom the money is received;
(vi) brief particulars of the purpose of the payment;
(vii) the amount of the payment.
(2) A manager need not comply with paragraph (1)(a) if the manager uses a computer program to make out the receipt and the program:
(a) automatically produces in chronological sequence consecutively numbered receipts marked with the name of the manager and the words “Trust Account”; and
(b) automatically makes a separate contemporaneous record of the receipt so that, at any time, a hard copy of the receipt may be produced; and
(c) requires input in each field of a data entry screen intended to receive information for the purposes of producing the receipt so that each receipt contains all of the information required by paragraph (1)(b).
(3) A manager must make out a receipt in accordance with this clause:
(a) in the case of a payment made by electronic transfer of funds into a manager’s trust account—immediately the manager receives official confirmation that the payment has been made (whether that is by way of receipt by the manager of a statement from a financial institution or some other way, whichever occurs sooner); or
(b) in any other case—immediately on receipt of payment.
40 Payment of trust money
(1) A manager must not make a payment of trust money in cash.
Maximum penalty: 5 penalty units.
(2) When a manager makes a payment of trust money by cheque, the manager:
(a) must ensure that the cheque is marked with the name of the manager and the words “Trust Account”; and
(b) must:
(i) cause the cheque to be crossed and endorsed “Not negotiable”; or
(ii) obtain from the person receiving the cheque a receipt that complies with subclause (4) and keep the receipt as part of the manager’s records.
Maximum penalty: 5 penalty units.
(3) When a manager makes a payment of trust money by cheque, the manager must prepare and keep as part of the manager’s records a cheque stub or voucher containing the following information:
(a) the date and reference number of the cheque;
(b) the name of the payee;
(c) the client name or reference and brief particulars of the purpose of the payment;
(d) the amount of the cheque.
(4) The receipt must be legible and contain the following information:
(a) the date and reference number of the cheque;
(b) particulars identifying the trust account against which the cheque is drawn;
(c) the name of the payee;
(d) brief particulars of the purpose of the payment;
(e) the amount of the cheque.
(5) When a manager authorises the payment of trust money by electronic transfer of funds, the manager:
(a) must prepare and keep as part of the manager’s records the following information:
(i) the date and reference number of the payment;
(ii) the name of the payee;
(iii) the body corporate name or reference and brief particulars of the purpose of the payment;
(iv) the name or style of the account to which the payment is made, its number and the identifying numbers of the receiving bank or institution and its branch;
(v) the amount of the payment; and
(b) must, on receiving official written confirmation that the payment has been made, keep that confirmation as part of the manager’s records.
41 Audit of trust accounts—section 126
(1) For the purposes of paragraph 126(1)(a), the audit period in respect of which a manager must have the accounts and records audited is a financial year.
(2) In carrying out an audit, the auditor must:
(a) make checks that will enable the auditor to give an opinion as to whether the manager has, during the period covered by the audit, complied with this Act relating to the manager’s accounts and records; and
(b) ascertain what trust accounts were kept by the manager during that period; and
(c) make a general test examination of any trust account kept by the manager and of the passbooks and statements relating to any such account during that period; and
(d) make a comparison as to no fewer than 2 dates (1 to be the last day of the period of the audit and 1 other to be a date within that period selected by the auditor) between:
(i) the liabilities of the manager to the manager’s clients as shown by the manager’s trust ledger accounts and the records kept under this Schedule; and
(ii) the aggregate of the balances standing to the credit of the manager’s trust account; and
(e) ask for such information and explanations as the auditor may require for the purposes of this clause.
(3) For the purposes of paragraph 126(1)(b), the statement relating to the audit must be prepared by the auditor and must include all matters relating to the manager’s accounts and records that should, in the auditor’s opinion, be communicated to the body corporate and, in particular, deal with each of the following matters:
(a) whether the accounts and records appear to have been kept regularly and properly written up at all times;
(b) whether the accounts and records have been ready for examination at the periods appointed by the auditor;
(c) whether the manager has complied with the auditor’s requirements;
(d) whether, at any time during the period of the audit, the manager’s trust account was overdrawn and, if so, the full explanation for that given by the manager;
(e) whether the manager has, or has had, any debit balances in his or her trust account and the explanation or reason for such a debit given by the manager;
(f) whether the auditor has received and examined the notice given to the auditor under clause 42 and the result of that examination;
(g) if the manager uses a computer program to keep the manager’s accounts and records, whether the program allows for the accounts and records to be conveniently and properly audited.
(4) The auditor must attach to the auditor’s statement a copy of the manager’s notice delivered to the auditor under subclause 42(1).
(5) The auditor must verify the statement by statutory declaration and give a signed copy of the statement to the manager.
(6) If the auditor in the course of auditing the manager’s accounts and records discovers:
(a) that they are not kept in a manner that enables them to be properly audited; or
(b) a matter that appears to the auditor to involve dishonesty or a breach of the law by the manager; or
(c) a loss or deficiency of trust money or a failure to pay or account for trust money; or
(d) a failure to comply with this Act;
the auditor must, as soon as possible, give a report in respect of the discovery to the Commonwealth Minister and the manager concerned.
Maximum penalty: 5 penalty units.
(7) However, the auditor is not required to give a report to the Commonwealth Minister in respect of the discovery of a loss, deficiency or failure if the auditor is satisfied that:
(a) bringing the discovery to the attention of the manager or body corporate will adequately deal with the matter; and
(b) the loss, deficiency or failure does not involve dishonesty or a breach of the law.
(8) For the purposes of paragraph 126(2)(b), a manager must lodge an audit statement or declaration within 2 months after the end of each audit period.
42 Manager’s statement
(1) A manager who is required to have accounts and records audited must, before the completion of the audit, certify:
(a) under his or her hand; or
(b) in the case of a firm of managers—under the hands of not less than 2 partners of the firm; or
(c) in the case of a body corporate manager—under the hands of not less than 2 directors of the body corporate;
and deliver to the auditor a notice setting out in detail, as of the last day of the period to which the audit relates, particulars of:
(d) the names of all bodies corporate on whose behalf the manager is holding trust money and the amount of the credit of each such body corporate; and
(e) all negotiable or bearer securities or deposit receipts in the name of the manager which represent money drawn from the manager’s trust account and which were held by the manager on that day; and
(f) the names of the trust accounts in which the balance of the manager’s trust money is lodged and the balances on that date of those accounts; and
(g) if the trust account balances are not in agreement with the balances of the manager’s ledger accounts—a statement reconciling those balances.
Maximum penalty: 5 penalty units.
(2) The notice must be verified by statutory declaration:
(a) of the manager; or
(b) in the case of a firm of managers—of not less than 2 partners of the firm; or
(c) in the case of a body corporate manager—of not less than 2 directors of the body corporate.
(3) The manager must give the auditor making the next audit of the manager’s accounts and records:
(a) at the request of the auditor, a copy of the notice, together with a signed copy of the auditor’s statement of the last audit of the manager’s accounts and records; or
(b) if the manager’s accounts and records are being audited for the first time or, if for any other reason a copy of the notice cannot be produced for the purposes of the audit—before completion of the audit, a notice containing the same particulars as to money, negotiable or bearer securities and deposit receipts held on the first day of the period to which the audit relates.
Maximum penalty: 5 penalty units.
43 Certain persons may not audit accounts and records of manager
A person must not audit the accounts and records of a manager if the person:
(a) is, or has been within 2 years, an employee or partner of the manager; or
(b) is an employee or partner of another manager carrying on business as a manager; or
(c) is a manager carrying on business as a manager.
Maximum penalty: 5 penalty units.
44 Holding of deposit and other contract money when lot is pre‑sold—section 149
(1) For the purposes of subsection 149(1), a provision of a contract of sale that provides for any consideration payable by the purchaser prior to the deposit of the plan to be held on trust by a specified legal practitioner, registered agent or registered conveyancer until the plan is deposited must:
(a) be printed in bold in a font size of not less than 14 points; and
(b) be specifically brought to the attention of the purchaser by the vendor; and
(c) be initialled by, or on behalf of, both the vendor and the purchaser.
(2) If a contract for the sale of a lot in a proposed community scheme specifies a period for the purposes of paragraph 149(4)(a), that provision of the contract must:
(a) be printed in bold in a font size of not less than 14 points; and
(b) be specifically brought to the attention of the purchaser by the vendor; and
(c) be initialled by, or on behalf of, both the vendor and the purchaser.
Part 4—Fees
45 Fees
There is payable to the Registrar for a matter set out in the following table the fee set out in the table for that matter.
| Fees |
| Item | Matter for which fee is payable | Fee
(fee units) |
| 1 | Preliminary examination of plan to be lodged with application before application is lodged (section 152): | |
| | (a) for application for division of land by plan of community division (section 21): | |
| | (i) if there are 6 lots or less; | 16 |
| | (ii) if there are more than 6 lots; | 32 |
| | (b) for any other application | 16 |
| 2 | Application for division of land by plan of community division (section 21): | |
| | (a) for examination of application; | 13 |
| | (b) for examination of plan of community division not subject to prior approval under section 152: | |
| | (i) if there are 6 lots or less; | 16 |
| | (ii) if there are more than 6 lots; | 32 |
| | (c) for deposit of plan of community division; | 4 |
| | (d) for each lot requiring issue of certificate of title; | 2 |
| | (e) for filing of scheme description; | 5 |
| | (f) for filing of rules; | 5 |
| | (g) for filing of development contract | 5 |
| 3 | Application to amend schedule of lot entitlements (section 27) | 5 |
| 4 | Filing of copy of certified scheme description as amended (section 35) | 5 |
| 5 | Filing of certified copy of rules as varied (section 39) | 5 |
| 6 | Maximum fee for purchase from body corporate of copy of rules (section 47) | 1 |
| 7 | Fee for purchase from Registrar of copy of rules filed with plan of community division (section 47) | 2 |
| 8 | Filing of certified copy of development contract as varied or agreement to terminate development contract (section 52) | 5 |
| 9 | Maximum fee for purchase from body corporate of copy of development contract (section 53) | 1 |
| 10 | Fee for purchase from Registrar of copy of development contract filed with plan of community division (section 53) | 2 |
| 11 | Application for amendment of deposited community plan (section 54): | |
| | (a) for examination of application; | 10 |
| | (b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152; | 16 |
| | (c) for each lot requiring issue of certificate of title; | 2 |
| | (d) for filing of amended scheme description | 5 |
| 12 | Application for division of development lot in pursuance of development contract and consequential amendment of community plan (section 60): | |
| | (a) for examination of application; | 10 |
| | (b) for examination of plan to be substituted or sheets of plan to be substituted or added if plan not subject to prior approval under section 152; | 16 |
| | (c) for each lot requiring issue of certificate of title | 2 |
| 13 | Application for amalgamation of deposited community plans (section 62): | |
| | (a) for examination of application; | 10 |
| | (b) for examination of plan of community division not subject to prior approval under section 152; | 16 |
| | (c) for deposit of plan of community division; | 4 |
| | (d) for each lot requiring issue of certificate of title; | 2 |
| | (e) for filing of scheme description; | 5 |
| | (f) for filing of rules | 5 |
| 14 | Application for cancellation of deposited community plan (section 71): | |
| | (a) for examination of application; | 10 |
| | (b) if application is for cancellation of primary plan: | |
| | (i) for examination of plan that delineates outer boundaries of primary parcel; | 16 |
| | (ii) for filing of plan; | 4 |
| | (c) for each certificate of title to be issued | 2 |
| 15 | Application to note Court order for cancellation of community plan (sections 66 and 69): | |
| | (a) for noting the order; | 10 |
| | (b) if application is for cancellation of primary plan: | |
| | (i) for examination of plan that delineates outer boundaries of primary parcel; | 16 |
| | (ii) for filing of plan; | 4 |
| | (c) for each certificate of title to be issued | 2 |
| 16 | Filing of notice of appointment, removal or replacement of administrator (section 99) | 5 |
| 17 | Submission of outer boundary plan (clause 7): | |
| | (a) for examination of plan; | 32 |
| | (b) for filing of plan | 4 |
| 18 | Fee for re‑examination of plan when amended after approval for deposit is given | 4 |
| 19 | Lodgement of any other document required by this Act | 5 |
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)
43AL Subsection 4(1)
Insert:
applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979 of the Commonwealth.
audio link means facilities (for example, telephone facilities) that enable audio communication between persons in different places.
continued law means:
(a) a law continued in force in the Territory by section 16 of the Norfolk Island Act 1979 of the Commonwealth; or
(b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.
video link means facilities that enable audio and visual communication between persons in different places.
43AM After section 28
Insert:
28A Exercise of powers etc. by Magistrate anywhere in Australia
(1) A Magistrate may, anywhere in Australia (whether in the Territory or not), exercise a power, or perform a function, that is conferred on him or her by or under a law in force in the Territory. It does not matter whether the power or function is conferred on the Magistrate as a judicial officer or in a personal capacity.
Note: Section 15 of the Norfolk Island Act 1979 of the Commonwealth describes laws in force in the Territory.
(2) If the power or function may be exercised or performed on application, the application may be made to the Magistrate when he or she is anywhere in Australia.
(3) If the application is made to the Magistrate when either or both of the Magistrate and the applicant are outside the Territory, the application may be made by audio link, video link or any other means of communication (whether electronic or not).
(4) If the exercise of the power, or the performance of the function, described in subsection (1) involves the Magistrate giving (however described) a document, the Magistrate may do so by post, fax or any other means of communication (whether electronic or not).
(5) This section has effect despite:
(a) a continued law; and
(b) an applied law.
43AN At the end of section 33
Add:
(4) This section does not limit section 33B (about sittings outside Norfolk Island).
43AO Subsections 33B(1) to (7)
Repeal the subsections, substitute:
(1) For the purposes of hearing or determining a matter or conducting a proceeding, the Court may sit at a place in Australia outside the Territory, and at a time, that the Chief Magistrate thinks fit, if he or she is satisfied that the sitting of the Court at that place at that time is expedient and not contrary to the interests of justice.
(2) At any time when a matter or proceeding is before the Court for hearing, determination or conduct at a sitting of the Court, the Chief Magistrate may order that the hearing, determination or conduct of the matter or proceeding be adjourned and continued at a sitting of the Court to be held at a specified place in Australia outside the Territory.
Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).
(3) At any time when a matter or proceeding is not before the Court for hearing, determination or conduct, the Chief Magistrate may:
(a) order:
(i) in any case—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place that is in Australia outside the Territory and is specified in the order; or
(ii) if the Chief Magistrate had previously ordered that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held at a place in Australia outside the Territory—that the matter or proceeding be heard, determined, conducted or continued at a sitting of the Court to be held in the Territory; and
(b) revoke any order previously made by the Chief Magistrate about the place of a sitting of the Court to be held for hearing, determining, conducting or continuing the matter or proceeding.
Note: The Court may sit in Australia outside the Territory only if the Chief Magistrate is satisfied as described in subsection (1).
(4) If the Chief Magistrate makes an order under this section at the instance of a party to the matter or proceeding, the Chief Magistrate may give directions about serving a copy of the order on the other parties to the matter or proceeding.
(5) The Court may allow a person to appear before it by audio link or video link if:
(a) the Court is sitting in the Territory and the person is outside the Territory; or
(b) the Court is sitting outside the Territory (whether the person is in the Territory or not).
(6) If an order is made under this section affecting the place of a sitting of the Court, the Court’s power to discharge a person upon entry into a recognisance to appear at a time and place specified in the recognisance extends to imposing a condition that the person appear at the place the Court is to sit (whether that place is in or outside the Territory).
43AP Subsection 33B(9)
Repeal the subsection, substitute:
(9) This section has effect despite:
(a) a continued law; and
(b) an applied law.
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.
48AA Subparagraph 15(2)(d)(i)
Omit “under a Norfolk Island law”.
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.
48D Sections 33 and 34
Repeal the sections.
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 Section 5
Repeal the section.
53AA Subsection 6(1)
After “The”, insert “main”.
53AB Subsection 6(1)
Omit “Norfolk Island laws”, substitute “Norfolk Island legislation”.
53AC Subsection 6(2)
Omit “It contains all the general principles of criminal responsibility that apply to any offence”, substitute “This Chapter contains all the general principles of criminal responsibility that apply to any offence against Norfolk Island legislation”.
53AD Section 7
Omit “Norfolk Island laws”, substitute “Norfolk Island legislation”.
53AE At the end of section 7
Add:
Note: Part 2.7 also applies to offences against applied NSW laws.
53B Section 8
Repeal the section, substitute:
8 Certain provisions of this Chapter do not apply to certain pre‑2008 offences
(1) Despite section 7, 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.
53BA Section 9
Repeal the section.
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).
53CA Subsection 48(10)
Omit “the Minister or”.
53CB At the end of subsection 62(1)
Add:
Note: The definition of offence (together with the definition of law) in the dictionary at the end of this Act means that this subsection applies this Part to offences against Norfolk Island legislation (but not to offences against applied NSW laws). Subsection (1A) extends the application of this Part to offences against applied NSW laws.
53CC After subsection 62(1)
Insert:
(1A) This Part also:
(a) applies in relation to an offence against an applied NSW law in the same way as this Part applies in relation to an offence or an offence against a law; and
(b) applies in relation to an applied NSW law in the same way as this Part applies in relation to a law.
Note: An offence against an applied NSW law is not covered by the definition of offence in the dictionary at the end of this Act. An applied NSW law is not covered by the definition of law in the dictionary at the end of this Act.
53CD Before paragraph 87(2)(a)
Insert:
(aa) chokes, suffocates or strangles another person; or
53D Subsection 105(6) (definition of applied provisions)
Repeal the definition.
53DA At the end of section 114
Add:
(10) However, a person may be arrested for, charged with, or remanded in custody or granted bail for, an offence against subsection (2) before the consent has been given.
53DB At the end of Part 3.6
Add:
121A Procuring a young person for a child sex offence
(1) A person (the defendant) commits an offence if:
(a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and
(b) the young person is someone:
(i) who is under the age of 10 years; or
(ii) who the defendant believes to be under the age of 10 years; and
(c) the defendant is of or above the age of 18 years.
Penalty: Imprisonment for 15 years.
(2) A person (the defendant) commits an offence if:
(a) the defendant procures another person (the young person) for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and
(b) the young person is someone:
(i) who is under the age of 16 years; or
(ii) who the defendant believes to be under the age of 16 years; and
(c) the defendant is of or above the age of 18 years.
Penalty: Imprisonment for 12 years.
(3) Absolute liability applies to subparagraph (1)(b)(i), paragraph (1)(c), subparagraph (2)(b)(i) and paragraph (2)(c).
Note: For absolute liability, see section 24.
(4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.
(5) For the purposes of subsections (1) and (2), it does not matter that the young person is a fictitious person represented to the defendant as a real person.
(6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 59.
(7) It is not an offence to attempt to commit, or to incite the commission of, an offence against subsection (1) or (2).
121B Grooming a person for a child sex offence
(1) A person (the defendant) commits an offence if:
(a) the defendant engages in conduct in relation to a person (the groomed person); and
(b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and
(c) the young person is someone:
(i) who is under the age of 10 years; or
(ii) who the defendant believes to be under the age of 10 years; and
(d) the defendant is of or above the age of 18 years.
Penalty: Imprisonment for 15 years.
(2) A person (the defendant) commits an offence if:
(a) the defendant engages in conduct in relation to a person (the groomed person); and
(b) the defendant does so with the intention of making it easier to procure a person (the young person), who need not be the groomed person, for an act that constitutes, or would if it occurred in Norfolk Island constitute, a child sex offence (whether or not involving the defendant); and
(c) the young person is someone:
(i) who is under the age of 16 years; or
(ii) who the defendant believes to be under the age of 16 years; and
(d) the defendant is of or above the age of 18 years.
Penalty: Imprisonment for 12 years.
(3) Absolute liability applies to subparagraph (1)(c)(i), paragraph (1)(d), subparagraph (2)(c)(i) and paragraph (2)(d).
Note: For absolute liability, see section 24.
(4) A person may be found guilty of an offence against subsection (1) or (2) even if it is impossible for the act that constitutes or would constitute a child sex offence to take place.
(5) For the purposes of subsections (1) and (2), it does not matter that the groomed person or the young person is a fictitious person represented to the defendant as a real person.
(6) It is a defence to a prosecution for an offence against subsection (2) if the defendant proves that, at the time the defendant engaged in the conduct constituting the offence against subsection (2), he or she believed on reasonable grounds that the young person was of or above the age of 16 years.
Note: A defendant bears a legal burden in relation to the matter in this subsection, see section 59.
(7) It is not an offence to attempt to commit, or to incite the commission of, an offence against subsection (1) or (2).
121C Definitions for procuring and grooming offences
In sections 121A and 121B:
child sex offence means an offence against:
(a) this Part; or
(b) Part 3.7 (child pornography); or
(c) Part 3.10 (sexual servitude).
procure a person for an act that constitutes, or would constitute, a child sex offence includes:
(a) encourage, entice or recruit the person in relation to such an act; or
(b) induce the person (whether by threats, promises or otherwise) in relation to such an act.
53DC Subsection 129(5)
Omit “or 120(1)”, substitute “, 120(1), 121A(1) or 121B(1)”.
53DD Subsection 129(5)
Omit “or 120(2)” (wherever occurring), substitute “, 120(2), 121A(2) or 121B(2)”.
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 “;”.
53G Subsection 211(11)
Omit “the Minister or”.
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”.
54A Subsection 349(1)
Omit “the Minister or”.
54B Subsection 375(1)
Omit “a territory law”, substitute “Norfolk Island legislation or an applied NSW law”.
54C Section 377
After “prosecution”, insert “of an offence against Norfolk Island legislation or an applied NSW law”.
54D Section 378
After “a trial”, insert “of an offence against Norfolk Island legislation or an applied NSW law”.
55 Subsection 381(3)
Repeal the subsection.
56 Section 382 (note)
Repeal the note.
56AA Dictionary
Insert:
applied NSW law means a law in force in Norfolk Island in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.
56A Dictionary (definition of Crown law officer)
Repeal the definition.
56B Dictionary (definition of law)
Repeal the definition, substitute:
law means Norfolk Island legislation or a provision of Norfolk Island legislation.
56C Dictionary
Insert:
Norfolk Island legislation means an enactment or legislation made under an enactment, except so far as the enactment:
(a) is a section 19A Ordinance; and
(b) has the effect (directly or indirectly) of:
(i) amending an applied NSW law so that the applied NSW law (as amended) provides for an offence; or
(ii) ending the suspension of the operation in Norfolk Island of an applied NSW law that provides for an offence.
Note: A section 19A Ordinance may indirectly have the effect of amending an applied NSW law by amending another section 19A Ordinance (e.g. the Norfolk Island Applied Laws Ordinance 2016) so it amends an applied NSW law. Likewise, a section 19A Ordinance may indirectly have the effect of ending the suspension of operation of an applied NSW law by amending another section 19A Ordinance so that it no longer suspends the operation of the applied NSW law.
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;
(aa) definition of Crown law officer;
(b) definition of public office;
(c) definition of public sector and public sector agency;
(d) definition of public service.
57B Section 110 (heading)
Repeal the heading, substitute:
110 Discharge of prisoner if case not to be proceeded with
57C Section 110
Omit “Minister”, substitute “Crown law officer”.
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.
Domestic Violence Act 1995 (Norfolk Island)
72A Section 3 (definition of Crimes Act)
Repeal the definition.
72B Section 3 (paragraph (a) of the definition of violent conduct)
Repeal the paragraph, substitute:
(a) conduct constituting an offence against any of the following provisions of the Criminal Code 2007:
(i) Part 3.1 (unlawful killing) or 3.3 (endangering life and health), other than section 88 (culpable driving);
(ii) Part 3.4 (offences concerning children), other than section 103 (concealment of birth);
(iii) Part 3.6 (sexual offences);
(iv) section 122 (using child for production of child pornography) or 125 (using the internet, etc. to deprave young people);
(v) Part 3.9 (female genital mutilation);
(vi) section 138 (sexual servitude);
(vii) Division 3.11.2 (criminal damage to property) or 3.11.4 (causing public alarm);
(viii) section 186, 187, 188 or 189 (robbery and burglary offences);
(ix) Part 4.5 (blackmail) or 5.1 (property damage), other than section 261 (causing bushfires);
(x) section 271 (unauthorised access, modification or impairment of computer data with intent to commit serious offence), to the extent that the serious offence referred to in that section is an offence against any of the other provisions covered by this paragraph;
(xi) section 358 or 359 (possession of offensive weapons and disabling substances) or 360 (possession of knife in public place or school); or
(aa) conduct constituting the offence of attempting to commit an offence against any of the provisions covered by paragraph (a); or
72C Section 50
Repeal the section, substitute:
50 Operation of the Court of Petty Sessions Act 1960 not affected
This Act does not affect the operation of Division 7 (surety of the peace and for good behaviour) of Part 4 of the Court of Petty Sessions Act 1960.
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)
76U At the end of section 2
Add:
(4) Despite subsection (1), the following provisions of this Act commence at the same time as Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences:
(a) Division 3 of Part 6;
(b) items 11 to 16 in Schedule 3.
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 Act 1997 (Norfolk Island)
97AA At the end of the table in Schedule 2
Add:
| 32 | A silencer, sound moderator or sound suppressor, or any other device designed to reduce, or capable of reducing, the noise of discharge of a firearm. |
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)
99AAA Subsection 4(1) (definition of Director)
Repeal the definition.
99AA Subsection 4(1) (at the end of the definition of licensed operations)
Add:
Note: A licence does not authorise a licensee to provide gaming services on or after 1 April 2017. However, on and after 1 April 2017 this Act continues to apply in relation to licensed operations engaged in before that day.
99 Subsection 4(2)
Omit “within the power of the Legislative Assembly”, substitute “possible”.
99A Part 2 (heading)
Repeal the heading, substitute:
Part 2—Interactive home gaming
99B Division 1 of Part 2 (heading)
Repeal the heading, substitute:
Division 1—Prohibition of interactive home gaming
99C Section 6 (heading)
Repeal the heading, substitute:
6 Prohibition of interactive home gaming
99D Subsection 6(1)
Omit “(1) A person must not conduct, operate or supervise interactive home gaming or an internet lottery except in accordance with a licence granted to the person under this Act”, substitute “A person must not, on or after 1 April 2017, conduct, operate or supervise interactive home gaming or an internet lottery”.
99E Subsection 6(2)
Repeal the subsection.
99F At the end of section 7
Add “However, a licence must not be granted on or after 1 April 2017.”.
99G Subsection 8(1)
Omit “(1)”.
99H Subsection 8(2)
Repeal the subsection.
99J At the end of section 8
Add:
Note: However, a licence does not provide an exception to any offences in this Act on or after 1 April 2017.
100 Section 18
Repeal the section.
100A At the end of subsection 28C(1)
Add “However, an arrangement must not be entered into on or after 1 April 2017.”.
100B At the end of subsection 28D(1)
Add “However, a licence must not be granted on or after 1 April 2017.”.
100C Subsection 28E(1)
Omit “but may be renewed”.
100D At the end of subsection 28E(1)
Add:
Note: However, a licence does not provide an exception to any offences in this Act on or after 1 April 2017.
100DA Paragraph 28F(2)(d)
Omit “or the Director”.
100E Sections 28G and 28H
Repeal the sections.
100EA Section 28Q (heading)
Repeal the heading, substitute:
28Q Entry of place by authorised officers, etc.
100EB Subsection 28Q(1)
Omit “The Director, or an”, substitute “An”.
100EC Paragraph 28Q(1)(d)
Omit “the Director or”.
100ED Subsection 28Q(2)
Omit “the Director or”.
100EF Section 39
Omit “a member of the Authority, the Director of Gaming, the Deputy Director of Gaming, or” (wherever occurring).
100EG Section 41
Repeal the section.
100F Subsection 44(1)
Omit “issue,”.
100G Section 46
Repeal the section.
Gaming Supervision Act 1998 (Norfolk Island)
101 Section 4 (definition of Director)
Repeal the definition.
101A Section 4 (definition of presiding member)
Repeal the definition.
101B Sections 6 to 10
Repeal the sections, substitute:
6 Powers and functions of the Authority
On and after 1 April 2017, the powers and functions of the Authority are to be exercised and performed by the Minister on behalf of the Authority.
101C Paragraph 11(1)(c)
Repeal the paragraph.
101D Subsection 11(3)
Repeal the subsection, substitute:
(3) The Authority may direct an authorised officer in the exercise of the powers or functions conferred on him or her by or under this Act, or any prescribed Act.
101E Paragraph 13(1)(f)
Omit “a member of”.
101F Paragraph 13(2)(c)
Omit “or a member of the Authority”.
101G Section 14
Repeal the section.
101H Part 3 (heading)
Repeal the heading, substitute:
Part 3—Authorised officers
101J Section 15
Repeal the section.
101K Subsection 22(1)
Omit “A member of the Authority, the Director or an”, substitute “An”.
101L Subsection 22(2)
Omit “The Director of Gaming, Deputy Director of Gaming or an”, substitute “An”.
101M Paragraph 23(a)
After “against”, insert “the Minister,”.
101N Paragraph 26(1)(d)
Omit “, the Director”.
Health Act 1913 (Norfolk Island)
102 Section 2
Repeal the section.
103 Parts 1 to 3
Repeal the Parts.
104 Sections 21 and 22
Repeal the sections.
105 At the end of paragraph 24(1)(a)
Add “or”.
106 Paragraph 24(1)(b)
Repeal the paragraph.
107 Section 24A
Repeal the section.
108 Schedules 1 to 4
Repeal the Schedules.
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.
8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales
To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:
(a) an officer or employee of New South Wales; or
(b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or
(c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);
to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.
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 Section 12B
Repeal the section, substitute:
12B Fee units
In an enactment, a reference to a number, whether whole or fractional, of fee units is a reference to:
(a) for a number of fee units less than 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole dollar amount (rounding 50 cents up); or
(b) for a number of fee units greater than, or equal to, 2—the amount of money in dollars determined by multiplying the number of fee units by $28.40 and rounding the result to the nearest whole multiple of 5 dollars (rounding odd multiples of $2.50 up).
12BA Special rules relating to fees for services provided by the Norfolk Island Regional Council
(1) The Norfolk Island Regional Council may, in accordance with Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI), determine the amount of one or more fees for a service provided by the Council despite an enactment.
(2) If the Norfolk Island Regional Council does so, then:
(a) an enactment has no effect to the extent that that Part is inconsistent (within the meaning of section 18A of the Norfolk Island Act 1979) with the enactment; and
(b) the fee or fees payable for the service are the fees determined under that Part, despite an enactment.
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.
12CA Norfolk Island Health and Residential Aged Care Service Facility taken to be a hospital
For the purposes of any enactment, the Norfolk Island Health and Residential Aged Care Service Facility is taken to be a hospital.
12D References to Crown Law Officer or Crown Counsel
In an enactment, a reference to any of the following (however described) is a reference to the Director of Public Prosecutions of the Commonwealth:
(a) Crown Law Officer;
(b) principal Crown Law Officer;
(c) deputy Crown Law Officer;
(d) Crown Counsel.
12E Delegation by Director of Public Prosecutions of the Commonwealth
(1) The Director of Public Prosecutions of the Commonwealth may, in writing, delegate all or any of his or her functions or powers under an enactment to a member of the staff of the Office (within the meaning of the Director of Public Prosecutions Act 1983 of the Commonwealth) other than the Associate Director (within the meaning of that Act).
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 a function is delegated under subsection (1) to a person referred to in paragraph 29(b) of the Director of Public Prosecutions Act 1983 of the Commonwealth, the person need not accept the function delegated.
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.
181A Section 29 (heading)
Repeal the heading, substitute:
29 References to Commonwealth Acts
182 Paragraphs 29(1)(a) and (b)
Omit “an Act”, substitute “a Commonwealth Act”.
182A After section 29
Insert:
29A References to NSW Acts and instruments
Acts and instruments as in force in Norfolk Island
(1) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW) (NI)” is a reference to the Act or instrument as in force in Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act 1979 of the Commonwealth.
Note: Because of section 7 of this Act, this also applies to a reference in an instrument made under an enactment.
Acts and instruments as in force in NSW
(2) A reference in an enactment to the short title of an Act of New South Wales, or to the name of an instrument made under such an Act, followed by “(NSW)” is a reference to the Act or instrument as in force in New South Wales from time to time.
Note: Because of section 7 of this Act, this also applies to a reference in an instrument made under an enactment.
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:
(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 4
Insert:
eligible former British subject: a person is an eligible former British subject if:
(a) the person would be a British subject within the meaning of the relevant citizenship law as defined in subsection 93(8A) of the Commonwealth Electoral Act 1918 (Commonwealth) if the relevant citizenship law had continued in force; and
(b) immediately before 26 January 1984, the person’s name was:
(i) on the roll for a Division within the meaning of the Commonwealth Electoral Act 1918 (Commonwealth) as in force at that time; or
(ii) on a roll kept for the purposes of the Australian Capital Territory Representation (House of Representatives) Act 1973 (Commonwealth) or the Northern Territory Representation Act 1922 (Commonwealth).
190AA Section 8
Repeal the section, substitute:
8 Liability to serve as jurors
A person is liable to serve as a juror if the person:
(a) is 18 or over; and
(b) is an Australian citizen or an eligible former British subject; and
(c) is a resident of Norfolk Island; and
(d) is not a disqualified person or exempt from serving as a juror.
190B Paragraph 10(j)
Repeal the paragraph, substitute:
(j) public servants under the direct supervision of:
(i) the Registrar; or
(ii) the Clerk of the Court of Petty Sessions;
190BA Paragraph 10(nd)
Omit “by the Norfolk Island Hospital”, substitute “for the purposes of the Norfolk Island Health and Residential Aged Care Service”.
190C Subparagraph 10(r)(ii)
Omit “Norfolk Island public service”, substitute “public service”.
190CAA Subparagraph 10(r)(v)
Repeal the subparagraph.
190CAB Subparagraphs 10(r)(x) and (xi)
Omit “Norfolk Island public service”, substitute “public service”.
190CA Subsection 16(2)
Omit “and occupations”.
190CB After subsection 16(3)
Insert:
(3A) For the purposes of preparing the jury list:
(a) the Sheriff may ask the Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963) to provide the Sheriff with information in a register kept under the Registration of Births, Deaths and Marriages Act 1963; and
(b) the Registrar must comply with the request.
(3B) For the purposes of the Sheriff preparing the jury list, the Commonwealth Minister may provide the Sheriff with information in a roll prepared for the purposes of the repealed Norfolk Island Regional Council Preparatory Election Ordinance 2016 (Commonwealth).
(3C) For the purposes of preparing the jury list, the Sheriff may have regard to the following:
(a) information provided to the Sheriff in accordance with subsection (3A) or (3B);
(b) any other information that the Sheriff considers relevant.
190CC Section 18
Omit “name, address or occupation”, substitute “name or address”.
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.
202EAA Subsection 4(1) (definition of Crown Counsel)
Repeal the definition.
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.
202GA Subsection 101(2)
Omit “the Crown Counsel and”.
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.
(5) The Commonwealth Minister may, by written instrument, appoint a person to act as the Manager:
(a) during a vacancy in the office of the Manager (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Manager:
(i) is absent from duty or from Norfolk Island; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).
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, substitute:
Part 4A—Professional staff
23A Medical Superintendent
(1) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) as the Medical Superintendent.
Acting appointments
(2) The Manager may, by written instrument, appoint a registered medical practitioner (within the meaning of the Health Practitioners Act 1983) to act as the Medical Superintendent:
(a) during a vacancy in the office of the Medical Superintendent (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Medical Superintendent:
(i) is absent from duty or from Norfolk Island; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).
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 and Public Health (Consequential Provisions) Act 1996 (Norfolk Island)
230A Parts 3, 4 and 7
Repeal the Parts.
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 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)
297AA Subsection 3(1) (definition of Crown law officer)
Repeal the definition.
297A Subsection 48(1) (definition of medical practitioner)
Omit “Medical Practitioners Registration”, substitute “Health Practitioners”.
Sentencing Regulations 2011 (Norfolk Island)
298 Schedule (Form 1)
Omit “Crown Law Officer”, substitute “Director of Public Prosecutions of the Commonwealth (or delegate or person authorised by the Director)”.
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”.
336A Subsection 23(1)
After “indictable offence”, insert “(other than a continued law offence)”.
336B Subsection 23(3)
After “an information being filed”, insert “(whether or not under subsection (1))”.
336C Subsections 23(4) and (6)
After “indictable offence”, insert “(other than a continued law offence)”.
336D At the end of section 23
Add:
(7) In this section:
continued law offence has the same meaning as in Division 11 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015 of the Commonwealth.
Note: For prosecutions of offences against continued law offences, see Part 3 of the Director of Public Prosecutions Regulations 1984 of the Commonwealth.
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 7—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017
358 Compensation for acquisition of property
(1) If the operation of the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017 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.
Division 8—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017
359 Definitions
In this Division:
amending rules means the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.
Authority means the Norfolk Island Gaming Authority.
commencement time means the commencement of Schedule 1 to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017.
Deputy Director means the Deputy Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.
Director means the Director of Gaming appointed under section 15 of the Gaming Supervision Act 1998 (Norfolk Island) as in force before the commencement time.
360 References in certain instruments to the Director
(1) If:
(a) an instrument was in force immediately before the commencement time; and
(b) a reference is made in the instrument to the Director; and
(c) the instrument is an instrument covered by one or more of the following subparagraphs:
(i) an instrument that was made by the Authority or the Director;
(ii) an instrument to which the Authority or the Director was a party;
(iii) an instrument that was given to, or in favour of, the Authority or the Director;
(iv) an instrument under which any right or liability accrues or may accrue to the Authority or the Director;
then the reference has effect after the commencement time as if the reference to the Director were a reference to the Authority.
(2) The Minister may determine, in writing, that this item does not apply to a particular instrument.
(3) A determination made under subitem (2) has effect accordingly.
(4) 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 licence; and
(ii) a contract, deed, undertaking or agreement; and
(iii) a notice, authority, order or instruction; and
(iv) an instrument made under an Act or under regulations; but
(b) does not include an exempt instrument.
361 Review of decisions of the Director
Despite the repeal of section 43 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 41 of the Gaming Act 1998 (Norfolk Island) by the amending Rules, those sections continue to apply, at and after the commencement time, in relation to decisions made by the Director before the commencement time.
362 Restrictions on employment
Despite the amendments of section 41 of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and section 39 of the Gaming Act 1998 (Norfolk Island) made by the amending Rules, those sections as in force immediately before the commencement time continue to apply, at and after the commencement time (subject to the time limits in paragraph 41(b) of the Bookmakers and Betting Exchange Act 1998 (Norfolk Island) and paragraph 39(b) of the Gaming Act 1998 (Norfolk Island)), in relation to a person who was a member of the Authority, the Director or the Deputy Director at any time before the commencement time.
Division 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017
363 Definitions
In this Division:
Part 1 commencement time means the commencement of Part 1 of Schedule 1 to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017.
364 Appointment of the Child Welfare Officer
Despite the amendment of paragraph 24(1)(a) of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, an appointment that was in force under that paragraph immediately before the Part 1 commencement time continues in force at and after that time:
(a) as if it were an appointment under that paragraph as in force at the Part 1 commencement time; and
(b) subject to that Act as in force at and after the Part 1 commencement time.
365 Reports made to the Child Welfare Officer
The amendments of sections 43 and 44 of the Child Welfare Act 2009 (Norfolk Island) made by this Schedule apply in relation to reports made at and after the Part 1 commencement time.
Division 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017
366 Application of amendments of the Court of Petty Sessions Act 1960 (Norfolk Island) by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017
(1) Section 28A of the Court of Petty Sessions Act 1960 (Norfolk Island) applies in relation to the exercise of a power, or the performance of a function, on or after the commencement of that section. This subitem has effect:
(a) whether the power or function was conferred before, on or after that commencement; and
(b) if the exercise or performance is a result of an application—whether the application was made before, on or after that commencement.
(2) The amendments of sections 33 and 33B of the Court of Petty Sessions Act 1960 (Norfolk Island) made by the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017 apply in relation to sittings to be held on or after the commencement of those amendments (whether the matters or proceedings to which the sittings relate started before, on or after that commencement).
Division 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017
367 Definitions
In this Division:
amending Schedule means Schedule 1 to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017.
commencement time means the commencement of the amending Schedule.
continued law offence means an offence against:
(a) a law that was continued in force in Norfolk Island by section 16 of the Norfolk Island Act 1979, as the law is in force from time to time (whether before or after the commencement of that section); or
(b) a Legislative Assembly law (within the meaning of the Norfolk Island Act 1979), or a law made under a Legislative Assembly law, that was continued in force in Norfolk Island by section 16A of that Act, as the law is in force from time to time (whether before or after the commencement of that section).
Crown law official means any of the following, however described:
(a) a Crown Law Officer of Norfolk Island;
(b) a principal Crown Law Officer of Norfolk Island;
(c) a deputy Crown Law Officer of Norfolk Island;
(d) a Crown Counsel of Norfolk Island.
Director means the Director of Public Prosecutions of the Commonwealth.
prosecution proceedings means proceedings for the prosecution of a continued law offence, and includes proceedings in an appeal in relation to such a prosecution.
368 References in certain instruments to a Crown law official
(1) If:
(a) a prosecution‑related instrument was in force immediately before the commencement time; and
(b) a reference is made in the prosecution‑related instrument to a Crown law official; and
(c) the prosecution‑related instrument is not an exempt instrument;
then the instrument has effect after the commencement time as if the reference to the Crown law official were a reference to the Director.
(2) The Director may determine, in writing, that this item does not apply to a particular prosecution‑related instrument.
(3) A determination made under subitem (2) has effect accordingly.
(4) 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).
prosecution‑related instrument means an instrument that relates to prosecution proceedings and, to avoid doubt, includes a court order that relates to prosecution proceedings.
369 Substitution of the Director as a party to certain pending proceedings
If, immediately before the commencement time, a Crown law official was a party to prosecution proceedings pending in any court, the Director is substituted for the Crown law official as a party to the prosecution proceedings at and after that time.
370 Records, documents and other things relating to prosecution proceedings that have not been completed
(1) This item applies to any record or document that:
(a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and
(b) relates to prosecution proceedings that, at the commencement time, have not been completed.
(2) This item also applies to any other thing that:
(a) was, immediately before the commencement time, in the possession of a Crown law official or the Norfolk Island Regional Council; and
(b) could be relevant for the purposes of prosecution proceedings that, at the commencement time, have not been completed.
Note: For example, forensic material or other evidential material for use by the prosecution in prosecution proceedings.
(3) The record, document or thing is to be transferred to the Director after the commencement time.
371 Records, documents and other things relating to completed prosecution proceedings
(1) This item applies to any record or document that:
(a) is in the possession of a Crown law official or the Norfolk Island Regional Council; and
(b) relates to prosecution proceedings that were completed before the commencement time.
(2) This item also applies to any other thing that:
(a) is in the possession of a Crown law official or the Norfolk Island Regional Council; and
(b) was relevant to prosecution proceedings that were completed before the commencement time.
Note: For example, forensic material or other evidential material used by the prosecution in prosecution proceedings.
(3) The Director may ask the Crown law official or the Norfolk Island Regional Council, as the case may be, to give the record, document or thing to the Director.
(4) The Crown law official or the Norfolk Island Regional Council, as the case may be, must comply with the request.
372 Exemption from serving as juror
For the purposes of the Juries Act 1960 of Norfolk Island, a person who has at any time held office as, or performed the duties of, a Crown law official is exempt from serving as a juror, and his or her name must not be inserted in the jury list.
Division 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017
373 Application of amendments to the Airport Act 1991 (Norfolk Island) and the Airport Regulations 1992 (Norfolk Island)
Authorised officers
(1) An authorisation that was in force immediately before the commencement of this item for the purposes of the following provisions:
(a) the definition of authorised officer in section 2 of the Airport Act 1991 (Norfolk Island);
(b) section 3C of that Act;
continues in effect, after that commencement, as if it were an authorisation made by the Chief Executive Officer after that commencement for the purposes of those provisions.
Immunity
(2) Section 3F of the Airport Act 1991 (Norfolk Island), as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an aircraft seized under section 3C of that Act before that commencement.
(3) Subitem (2) does not limit the operation of section 3F of the Airport Act 1991 (Norfolk Island), as in force on and after the commencement of this item, in relation to an aircraft seized under section 3C of that Act before that commencement.
Charges
(4) The amendments of table A of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule apply in relation to the landing, take‑off or movement of aircraft on or after 1 January 2018.
Security deposits
(5) The amendment of table B of the Schedule to the Airport Regulations 1992 (Norfolk Island) made by this Schedule applies to an aircraft operator that commences a public passenger service on or after the commencement of this item.
(6) If:
(a) an aircraft operator lodged a security deposit in accordance with the Airport Regulations 1992 (Norfolk Island) before the commencement of this item; and
(b) the amount of the security deposit was greater than the amount that would have been required if the amendment of table B of the Schedule to those regulations, made by this Schedule, had been in force at the time the security deposit was lodged;
the aircraft operator may replace the security deposit by lodging with the Administration another security deposit, in accordance with those regulations as in force after the commencement of this item, that is in the amount required by those regulations.
Division 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017
374 Application of amendments of the Child Welfare Act 2009 (Norfolk Island)
(1) Section 23A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to proceedings commenced on or after the commencement of Schedule 1 to the amending Ordinance.
(2) Subsection 27(9A) of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to information that is furnished by the child welfare officer on or after commencement of Schedule 1 to the amending Ordinance, whether the information comes into the possession of the child welfare officer before, on or after that commencement.
(3) Despite the repeal and substitution of section 32 of the Child Welfare Act 2009 (Norfolk Island) by this Schedule, a delegation made under that section and in force immediately before the commencement of Schedule 1 to the amending Ordinance continues in effect, on and after that commencement, as if it had been made under that section as in force immediately after that commencement.
(4) Section 193A of the Child Welfare Act 2009 (Norfolk Island), as inserted by this Schedule, applies in relation to a person who is convicted of an offence on or after the commencement of Schedule 1 to the amending Ordinance, even if the offence was committed before that commencement.
(5) In this item:
amending Ordinance means the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017.
Division 14—Application provisions relating to the Norfolk Island Legislation Amendment (Fees) Ordinance 2018
375 Application of amendments relating to fees
Subsection 12BA(2) of the Interpretation Act 1979 (Norfolk Island), as inserted by the amending Schedule, applies in relation to a service provided on or after 1 July 2018 (whether or not an application or request for the service is made before, on or after that day).
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
Education Act 1931
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 Health Act 1996
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
Education Regulations
Goods and Services Tax Regulations 2007
Health (General) Regulations
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.
Part 8—Transitional provisions relating to the repeal of the Public Health Act 1996 and the Health (General) Regulations
25 Definitions
In this Part:
commencement day means the day on which Schedule 1 to the Norfolk Island Legislation Amendment (Public Health) Ordinance 2018 commences.
26 Notices under the Public Health Act 1996
(1) A notice issued under section 21 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 78 of the Environment Act 1990 (Norfolk Island).
(2) A notice issued under section 22 of the Public Health Act 1996 (Norfolk Island) before the commencement day has effect on and after that day as if it were a notice issued under section 79 of the Environment Act 1990 (Norfolk Island).
27 Approvals, notices and proceedings under the Health (General) Regulations
(1) An approval given under regulation 10 of the Health (General) Regulations (Norfolk Island) that is in force immediately before the commencement day has effect on and after that day as if it were a development approval given under subsection 41(5) of the Planning Act 2002 (Norfolk Island) for permitted use or development.
(2) A notice given under paragraph 15(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 25 in the table in that section.
(3) A notice given under paragraph 16(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were a direction given under subsection 7(2) of the Public Health Act 2010 (NSW) (NI).
(4) A notice given under paragraph 29(1)(b) of the Health (General) Regulations (Norfolk Island) before the commencement day has effect on and after that day as if it were an order given under section 124 of the Local Government Act 1993 (NSW) (NI) in the terms of order No 21 in the table in that section.
(5) Despite the repeal of the Health (General) Regulations (Norfolk Island) by this Schedule, regulation 40 of those regulations continues to apply on and after the commencement day in relation to a notice given under subregulation 40(1) of those regulations before that day.