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Norfolk Island Continued Laws Ordinance 2015

Authoritative Version
Ordinance No. 2, 2015 Ordinances/Norfolk Island as amended, taking into account amendments up to Norfolk Island Continued Laws Amendment (Land Valuation) Ordinance 2019
Administered by: Infrastructure, Transport, Cities and Regional Development
Registered 22 Nov 2019
Start Date 16 Nov 2019
Table of contents.

Commonwealth Coat of Arms of Australia

Norfolk Island Continued Laws Ordinance 2015

Ordinance No. 2, 2015

made under section 19A of the

Norfolk Island Act 1979

Compilation No. 24

Compilation date:                              16 November 2019

Includes amendments up to:            F2019L01468

Registered:                                         22 November 2019

 

About this compilation

This compilation

This is a compilation of the Norfolk Island Continued Laws Ordinance 2015 that shows the text of the law as amended and in force on 16 November 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

 


Contents

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Simplified outline of this Ordinance.............................................................................. 1

4A......... Definitions..................................................................................................................... 1

5............ Interpretation................................................................................................................. 1

6............ Rules............................................................................................................................. 2

7............ Schedules...................................................................................................................... 2

Schedule 1—Amendments                                                                                                                          3

Part 1—Amendments                                                                                                                              3

Absentee Landowners Levy Act 1976 (Norfolk Island)                                                                   3

Administration Act 1936 (Norfolk Island)                                                                                        3

Administration and Probate Act 2006 (Norfolk Island)                                                                 3

Administrative Review Tribunal Act 1996 (Norfolk Island)                                                          4

Adoption of Children Act 1932 (Norfolk Island)                                                                             5

Airport Act 1991 (Norfolk Island)                                                                                                      5

Airport Regulations 1992 (Norfolk Island)                                                                                      6

Animals (Importation) Act 1983 (Norfolk Island)                                                                            7

Annual Reports Act 2004 (Norfolk Island)                                                                                       7

Apiaries Act 1935 (Norfolk Island)                                                                                                    9

Associations Incorporation Act 2005 (Norfolk Island)                                                                  9

Associations Incorporation Regulations 2005 (Norfolk Island)                                                10

Auctioneers Act 1926 (Norfolk Island)                                                                                            10

Bail Act 2005 (Norfolk Island)                                                                                                          11

Bankruptcy Act 2006 (Norfolk Island)                                                                                             13

Bookmakers and Betting Exchange Act 1998 (Norfolk Island)                                                  13

Brands and Marks Act 1949 (Norfolk Island)                                                                                15

Brands and Marks Regulations (Norfolk Island)                                                                           15

Bores and Wells Act 1996 (Norfolk Island)                                                                                    15

Building Act 2002 (Norfolk Island)                                                                                                  16

Building Regulations 2004 (Norfolk Island)                                                                                  17

Business Transactions (Administration) Act 2006 (Norfolk Island)                                          17

Business Transactions (Levy Imposition) Act 2006 (Norfolk Island)                                         17

Child Welfare Act 2009 (Norfolk Island)                                                                                        17

Community Title Act 2015 (Norfolk Island)                                                                                    25

Companies Act 1985 (Norfolk Island)                                                                                             52

Companies Regulations 1986 (Norfolk Island)                                                                             52

Conveyancing Act 1913 (Norfolk Island)                                                                                       53

Coroners Act 1993 (Norfolk Island)                                                                                                 53

Court of Petty Sessions Act 1960 (Norfolk Island)                                                                        53

Court Procedures Act 2007 (Norfolk Island)                                                                                 56

Crimes (Forensic Procedures) Act 2002 (Norfolk Island)                                                            57

Criminal Code 2007 (Norfolk Island)                                                                                              57

Criminal Procedure Act 2007 (Norfolk Island)                                                                             67

Crown Lands Act 1996 (Norfolk Island)                                                                                       107

Dangerous Drugs Act 1927 (Norfolk Island)                                                                                108

Disaster and Emergency Management Act 2001 (Norfolk Island)                                           108

Dogs Registration Act 1936 (Norfolk Island)                                                                               109

Dogs Registration Regulations 1994 (Norfolk Island)                                                               109

Electricity (Licensing and Registration) Act 1985 (Norfolk Island)                                        109

Electricity (Licensing and Registration) Regulations 1986 (Norfolk Island)                        110

Electricity Supply Act 1985 (Norfolk Island)                                                                               110

Electricity Supply Regulations 1986 (Norfolk Island)                                                               112

Employment Act 1988 (Norfolk Island)                                                                                         113

Employment Regulations 1991 (Norfolk Island)                                                                         116

Enactments Reprinting Act 1980 (Norfolk Island)                                                                      117

Environment Act 1990 (Norfolk Island)                                                                                        117

Evidence Act 2004 (Norfolk Island)                                                                                               121

Fair Trading Act 1995 (Norfolk Island)                                                                                        121

Fencing Act 1913 (Norfolk Island)                                                                                                 122

Firearms and Prohibited Weapons Act 1997 (Norfolk Island)                                                 122

Firearms and Prohibited Weapons Regulations 1998 (Norfolk Island)                                 124

Fire Control Act 2000 (Norfolk Island)                                                                                         124

Fuel Levy Act 1987 (Norfolk Island)                                                                                              125

Gaming Act 1998 (Norfolk Island)                                                                                                 126

Gaming Supervision Act 1998 (Norfolk Island)                                                                           129

Health Act 1913 (Norfolk Island)                                                                                                   130

Health (Hairdressers) Regulations (Norfolk Island)                                                                   131

Heritage Act 2002 (Norfolk Island)                                                                                                131

Heritage Regulations 2003 (Norfolk Island)                                                                                132

Interpretation Act 1979 (Norfolk Island)                                                                                      132

Juries Act 1960 (Norfolk Island)                                                                                                     148

Justices of the Peace Act 1972 (Norfolk Island)                                                                          150

Land Administration Fees Act 1996 (Norfolk Island)                                                                 150

Land Administration Fees Regulations 1997 (Norfolk Island)                                                 151

Land Titles Act 1996 (Norfolk Island)                                                                                           151

Land Valuation Act 2012 (Norfolk Island)                                                                                   152

Law of Negligence and Limitation of Liability Act 2008 (Norfolk Island)                            154

Legal Aid Act 1995 (Norfolk Island)                                                                                              155

Legal Profession Act 1993 (Norfolk Island)                                                                                 157

Lighterage Act 1961 (Norfolk Island)                                                                                            157

Liquor Act 2005 (Norfolk Island)                                                                                                   157

Liquor Regulations 2006 (Norfolk Island)                                                                                   164

Lotteries and Fundraising Act 1987 (Norfolk Island)                                                                165

Lotteries and Fundraising Regulations 1987 (Norfolk Island)                                                165

Marine Safety Act 2013 (Norfolk Island)                                                                                      165

Mediation Act 2005 (Norfolk Island)                                                                                             166

Mediation Regulations 2005 (Norfolk Island)                                                                             166

Medical Practitioners Registration Act 1983 (Norfolk Island)                                                167

Mental Health Act 1996 (Norfolk Island)                                                                                     168

Mercantile Law Act 1959 (Norfolk Island)                                                                                   170

Migratory Birds Act 1980 (Norfolk Island)                                                                                  171

Norfolk Island Broadcasting Regulations 2002 (Norfolk Island)                                            171

Norfolk Island Hospital Act 1985 (Norfolk Island)                                                                     171

Norfolk Island National Park and Norfolk Island Botanic Garden Act 1984 (Norfolk Island)       176

Noxious Weeds Act 1916 (Norfolk Island)                                                                                    176

Official Survey Act 1978 (Norfolk Island)                                                                                    176

Pasturage and Enclosure Act 1949 (Norfolk Island)                                                                  176

Pasturage and Enclosure Regulations (Norfolk Island)                                                            177

Pharmacy Act 1956 (Norfolk Island)                                                                                             177

Pharmacy Regulations (Norfolk Island)                                                                                        178

Planning Act 2002 (Norfolk Island)                                                                                               178

Planning and Public Health (Consequential Provisions) Act 1996 (Norfolk Island)          192

Planning Regulations 2004 (Norfolk Island)                                                                               192

Plant and Fruit Diseases Act 1959 (Norfolk Island)                                                                   195

Poisons and Dangerous Substances Act 1957 (Norfolk Island)                                               196

Pounds Act 1934 (Norfolk Island)                                                                                                  196

Pounds Regulations (Norfolk Island)                                                                                            197

Protection of Movable Cultural Heritage Act 1987 (Norfolk Island)                                     197

Public Reserves Act 1997 (Norfolk Island)                                                                                   199

Registration of Births, Deaths and Marriages Act 1963 (Norfolk Island)                              201

Removal of Prisoners Act 2004 (Norfolk Island)                                                                         201

Roads Act 2002 (Norfolk Island)                                                                                                    202

Sale of Food Act 1950 (Norfolk Island)                                                                                        202

Sale of Food (Eating Houses) Regulations (Norfolk Island)                                                     202

Sale of Goods (Vienna Convention) Act 1987 (Norfolk Island)                                               203

Sale of Tobacco Act 2004 (Norfolk Island)                                                                                  203

Sale of Tobacco Regulations 2004 (Norfolk Island)                                                                  204

Sentencing Act 2007 (Norfolk Island)                                                                                           204

Sentencing Regulations 2011 (Norfolk Island)                                                                           205

Slaughtering Act 1913 (Norfolk Island)                                                                                        205

Stock Diseases Act 1936 (Norfolk Island)                                                                                     206

Subdivision Act 2002 (Norfolk Island)                                                                                          206

Summary Offences Act 2005 (Norfolk Island)                                                                              206

Supreme Court Act 1960 (Norfolk Island)                                                                                    206

Surveys Act 1937 (Norfolk Island)                                                                                                  207

Telecommunications Act 1992 (Norfolk Island)                                                                          207

Tourist Accommodation Act 1984 (Norfolk Island)                                                                    213

Traffic Act 2010 (Norfolk Island)                                                                                                   213

Traffic (General) Regulations (Norfolk Island)                                                                           217

Trees Act 1997 (Norfolk Island)                                                                                                      219

Trees Regulations 1999 (Norfolk Island)                                                                                      220

Waste Management Act 2003 (Norfolk Island)                                                                            220

Waste Management Regulations 2004 (Norfolk Island)                                                            221

Water Assurance Charges Act 1991 (Norfolk Island)                                                                 222

Part 2—Application, saving and transitional provisions                                                    225

Division 1—General saving and transitional provisions                                                             225

Division 2—Specific application, saving and transitional provisions relating to amendments made on 18 June 2015                                                                                                                                        226

Division 3—Application, saving and transitional provisions relating to amendments of the Employment Act 1988  228

Division 4—Transitional provisions relating to the Norfolk Island Health and Residential Aged Care Service            229

Division 5—Savings provision relating to Justices of the Peace                                                230

Division 7—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Gaming) Ordinance 2017                                                                                                                              231

Division 8—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Gaming Authority) Rules 2017                                                                                                                   232

Division 9—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 1) Ordinance 2017                                                                                                           234

Division 10—Application provisions relating to the Norfolk Island Continued Laws Amendment (Chief Magistrate) Ordinance 2017                                                                                                           235

Division 11—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Director of Public Prosecutions) Ordinance 2017                                                                                  236

Division 12—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 2) Ordinance 2017                                                                                                           239

Division 13—Application provisions relating to the Norfolk Island Continued Laws Amendment (2017 Measures No. 3) Ordinance 2017                                                                                                           241

Division 14—Application provisions relating to the Norfolk Island Legislation Amendment (Fees) Ordinance 2018 242

Division 15—Transitional provisions relating to the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018                                                                                            243

Division 16—Transitional provisions relating to the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018                                             247

Division 17—Transitional provisions relating to the Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019                                                                                                           250

Schedule 2—Repeals                                                                                                                                   252

Part 1—Repeals of Acts                                                                                                                     252

Airport Runways Loan Act 2003                                                                                                     252

Cascade Cliff Loan Act 1998                                                                                                          252

Census and Statistics Act 1961                                                                                                       252

Contagious Diseases Act 1957                                                                                                        252

Customs Act 1913                                                                                                                              252

Departure Fee Act 1980                                                                                                                   252

Domestic Violence Act 1995                                                                                                            252

Education Act 1931                                                                                                                           252

Fees Act 1976                                                                                                                                     252

Foreign Marriages Act 1963                                                                                                           252

Goods and Services Tax Act 2007                                                                                                  252

Greenwich University Act 1998                                                                                                      252

Healthcare Act 1989                                                                                                                         252

Healthcare Levy Act 1990                                                                                                                252

Immigration Act 1980                                                                                                                       252

Infants’ Maintenance and Protection Act 1913                                                                          252

Legislative Assembly Act 1979                                                                                                        252

Legislative Assembly (Register of Members’ Interests) Act 2004                                              253

Maintenance Orders (Facilities for Enforcement) Act 1960                                                     253

Norfolk Island Government Tourist Bureau Act 1980                                                                253

Norfolk Island Planning and Environment Board Act 2002                                                     253

Ombudsman Act 2012                                                                                                                       253

Postal Services Act 1983                                                                                                                  253

Provident Account Act 1958                                                                                                            253

Public Health Act 1996                                                                                                                    253

Public Moneys Act 1979                                                                                                                   253

Public Sector Remuneration Tribunal Act 1992                                                                         253

Public Service Act 2014                                                                                                                   253

Referendum Act 1964                                                                                                                        253

Registration of Dentists Act 1931                                                                                                   253

Social Services Act 1980                                                                                                                  253

Standard Time and Daylight Saving Act 1974                                                                            253

Tuberculosis Act 1950                                                                                                                      253

Weights Act 1926                                                                                                                               253

Part 2—Repeals of regulations                                                                                                       254

Animals (Importation) Regulations 1985                                                                                      254

Apiaries Regulations 1976                                                                                                              254

Census and Statistics Regulations 2011                                                                                       254

Criminal Code Regulations 2013                                                                                                   254

Customs Regulations 1986                                                                                                              254

Domestic Violence Regulations 1995                                                                                            254

Education Regulations                                                                                                                     254

Goods and Services Tax Regulations 2007                                                                                  254

Health (General) Regulations                                                                                                         254

Healthcare Levy Regulations 2012                                                                                                254

Healthcare Regulations 1991                                                                                                         254

Immigration Regulations 1984                                                                                                       254

Legislative Assembly (Register of Members’ Interests) Regulations 2005 (No. 4 of 2005) 254

Legislative Assembly Regulations                                                                                                  254

Maintenance Orders (Facilities for Enforcement) Regulations                                               254

Medical Practitioners Registration Regulations 1987                                                              254

Norfolk Island Government Tourist Bureau Regulations                                                          254

Norfolk Island Hospital Finance Regulations 1989                                                                   255

Plant and Fruit Diseases Regulations                                                                                           255

Poisons and Dangerous Substances Regulations                                                                       255

Postal Services Regulations 2013                                                                                                  255

Public Service Regulations 2014                                                                                                   255

Social Services Regulations                                                                                                            255

Traffic (Fees) Regulations                                                                                                                255

Part 3—Transitional provisions relating to repeal of the Norfolk Island Government Tourist Bureau Act 1980                                                                                                                                           256

Division 1—Introduction                                                                                                                  256

Division 2—Transfer of assets and liabilities of Bureau                                                             257

Division 3—Transfer of other matters relating to the Bureau                                                   259

Division 4—Employees of the Bureau                                                                                           261

Division 5—Other matters                                                                                                                262

Part 4—Transitional provisions relating to the repeal of the Immigration Act 1980 and the Immigration Regulations 1984                                                                                                                 263

Part 5—Saving provisions relating to repeal of the Public Service Act 2014         265

Part 6—Transitional provisions relating to repeal of the Goods and Services Tax Act 2007       266

Part 7—Transitional provisions relating to repeal of the Public Moneys Act 1979 267

Part 8—Transitional provisions relating to the repeal of the Public Health Act 1996 and the Health (General) Regulations                                                                                                       268

Part 9—Transitional provisions relating to repeal of the Domestic Violence Act 1995  269

Endnotes                                                                                                                                                             271

Endnote 1—About the endnotes                                                                                                    271

Endnote 2—Abbreviation key                                                                                                        272

Endnote 3—Legislation history                                                                                                     273

Endnote 4—Amendment history                                                                                                   276


1  Name

                   This is the Norfolk Island Continued Laws Ordinance 2015.

3  Authority

                   This Ordinance is made under section 19A of the Norfolk Island Act 1979.

4  Simplified outline of this Ordinance

Under sections 16 and 16A of the Norfolk Island Act 1979, certain laws that were in force immediately before the interim transition time (18 June 2015) continue in force and form part of the law of the Territory. In this Ordinance, these laws are called “continued laws”. The continued laws include laws of the Legislative Assembly and laws made under Legislative Assembly laws

Continued laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance. An Ordinance may also suspend the operation of a continued law for a period.

This Ordinance amends and repeals continued laws as set out in the items in the Schedules to this Ordinance.

The items are to be read together with the continued laws in order to understand the operation of the continued laws in the Territory. The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.

4A  Definitions

                   In this Ordinance:

continued law means:

                     (a)  a law continued in force in the Territory by section 16 of the Norfolk Island Act 1979; 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.

5  Interpretation

                   The Acts Interpretation Act 1901 does not apply to Schedules 1 and 2.

Note:          The Interpretation Act 1979 (Norfolk Island), as amended by this Ordinance, applies instead (because this Ordinance is an enactment for the purposes of that Act).

6  Rules

             (1)  The Minister may, by legislative instrument, make rules amending this Ordinance:

                     (a)  so as to amend or repeal a continued law; or

                     (b)  to make application, saving or transitional provision in relation to any amendments or repeals of continued laws.

             (2)  To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax.

7  Schedules

             (1)  Each continued law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.

             (2)  The amendments and repeals, and any other items, set out in the Schedules to this Ordinance continue in effect according to their terms from time to time.

             (3)  If:

                     (a)  an item in a Schedule to this Ordinance amends, repeals, suspends or otherwise affects a continued law; and

                     (b)  the item is amended or repealed;

then the continued law as in force immediately before 18 June 2015 continues in force in the Territory in accordance with section 16 or 16A of the Norfolk Island Act 1979 (as the case may be) and this Ordinance as amended.

Schedule 1Amendments

Part 1Amendments

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 Act 1936 (Norfolk Island)

1D  Paragraph 8(1)(d)

After “officer”, insert “appointed under paragraph (c)”.

1E  After subsection 8(2)

Insert:

          (2A)  In addition to persons appointed as gaolers under paragraph (1)(c), a person who is a member of the police force, for the purposes of the Police Act 1931, is also a gaoler for the purposes of this Act.

Administration and Probate Act 2006 (Norfolk Island)

1F  Subsection 5(3)

Repeal the subsection.

1G  Subsection 5(5)

Omit “even if he or she is not qualified in accordance with subsection (3)”.

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”.

Adoption of Children Act 1932 (Norfolk Island)

2AA  Subsection 9(5)

Omit “, and the provisions of sections 73, 74 and 75 of the Crimes Act 1900 of the State of New South Wales, in its application to Norfolk Island, as amended by any law of Norfolk Island for the time being in force,”.

Airport Act 1991 (Norfolk Island)

2B  Section 2 (definition of authorised officer)

Omit “Minister”, substitute “Chief Executive Officer”.

2BA  Section 2 (definition of charge)

Repeal the definition.

2BB  Section 2 (definition of outstanding amount)

Repeal the definition, substitute:

outstanding amount, in relation to an aircraft, means all approved fees in respect of the aircraft that have become due for payment but have not been paid.

2BC  Sections 3, 3A and 3B

Repeal the sections, substitute:

3  Approved fees for landing, take‑off and movement of aircraft

             (1)  The approved fees are payable for or in relation to the landing, take‑off and movement of aircraft on or from the airport.

             (2)  The Chief Executive Officer may enter into an arrangement with an aircraft operator for the deposit of an amount, in the form of a cash sum, a bank guarantee or other security, with the Norfolk Island Regional Council to be held by the Council as security for the payment of approved fees for or in relation to the landing, take‑off or movement of aircraft on or from the airport.

             (3)  The Chief Executive Officer may refuse to allow an aircraft to land at the airport if the aircraft operator has not entered into such an arrangement.

2BD  Subsection 3C(1)

Omit “a charge”, substitute “an approved fee”.

2C  Sections 3D and 3F

Omit “Minister” (wherever occurring), substitute “Chief Executive Officer”.

2D  Section 3FA

Repeal the section.

2E  Paragraph 3G(2)(d)

Repeal the paragraph.

2F  Schedule 2

Repeal the Schedule.

Airport Regulations 1992 (Norfolk Island)

2G  Part 1 (heading)

Repeal the heading, substitute:

Part 1Preliminary

2H  Regulations 3 to 4

Repeal the regulations.

2J  Before regulation 4A

Insert:

Part 1ASeizure of aircraft

  

2K  Regulation 4A

Omit all the words before paragraph (b), substitute:

                   For the purposes of paragraph 3G(2)(da) of the Act, reasonable steps for the purpose of giving notice under subsection 3C(2) of the Act about the seizure of an aircraft are taken to have been made if an authorised officer:

                     (a)  gives notice of the seizure to the holder of the AOC (within the meaning of the Civil Aviation Act 1988 of the Commonwealth) that authorises the operation of the aircraft at the last address notified to CASA in respect of that person; and

2L  Paragraph 4A(b)

Omit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.

2M  Subparagraph 4A(d)(i)

Omit “the Civil Aviation Regulations 1988”, substitute “regulations made for the purposes of paragraph 98(3)(a) of the Civil Aviation Act 1988”.

2N  Schedule

Repeal the Schedule.

Animals (Importation) Act 1983 (Norfolk Island)

2S  Section 5

Omit “Administrator may by instrument”, substitute “Chief Executive Officer may, by written instrument,”.

2SA  Paragraph 7(2)(c)

Omit “prescribed fee”, substitute “approved fee”.

2T  Section 11

Omit “and his powers under section 5”.

2U  Subsection 13(1)

Omit “(1)”.

2V  Subsection 13(2)

Repeal the subsection.

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”.

21A  Section 18 (paragraph (b) of the definition of territory instrumentality)

Omit “an Minister”, substitute “the Commonwealth Minister”.

Apiaries Act 1935 (Norfolk Island)

21B  Section 3

Omit “Minister may appoint such inspectors and other officers”, substitute “Chief Executive Officer may, by written instrument, appoint such inspectors”.

21BA  Paragraph 4(1)(a)

Omit “prescribed steps”, substitute “steps approved by the Chief Executive Officer”.

21BB  Paragraph 4(1)(b)

Omit “prescribed manner”, substitute “manner approved by the Chief Executive Officer”.

21BC  Subsection 12(5)

Omit “made to the Minister in accordance with the prescribed form”, substitute “given to the Chief Executive Officer in accordance with a form approved by the Chief Executive Officer”.

21BD  Section 17

Repeal the section.

21C  Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer

 

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Section 2 (definition of disease)

Minister

Chief Executive Officer

2

Paragraph 3A(1)(c)

Minister

Chief Executive Officer

3

Subsections 4(2), (3) and (4)

Minister

Chief Executive Officer

4

Section 5

Minister

Chief Executive Officer

5

Subsections 7(1), 8(2) and (3) and 12(6)

Minister

Chief Executive Officer

6

Section 14

Minister

Chief Executive Officer

Associations Incorporation Act 2005 (Norfolk Island)

21D  Subsection 4(1)

Omit “Minister may, by instrument in writing, appoint a public sector employee under the Public Sector Management Act 2000,”, substitute “Chief Executive Officer may, by instrument in writing, appoint a public sector employee”.

21E  Subsections 4(2) and 5(1), (3), (4) and (5)

Omit “Minister”, substitute “Chief Executive Officer”.

21F  After section 52

Insert:

52A  Services for which approved fees may be charged

                   Approved fees may be charged for the making, giving, publishing, issuing, filing or inspecting of any application, notice, declaration, certificate or other document under this Act or the regulations under this Act.

21G  Paragraph 53(g)

Repeal the paragraph.

Associations Incorporation Regulations 2005 (Norfolk Island)

21H  Subregulations 10(1) and (2)

Omit “fee specified in Schedule 3”, substitute “approved fee”.

21J  Regulation 11

Repeal the regulation.

21K  Schedule 3

Repeal the Schedule.

Auctioneers Act 1926 (Norfolk Island)

21L  Sections 12 and 13

Omit “prescribed fee”, substitute “approved fee”.

21M  Section 17

Repeal the section, substitute:

17  Approved fee for general licence

                   The approved fee is payable for the issue of a general licence.

21N  Subsection 18(1)

Omit “fee mentioned in subsection 18(4)”, substitute “approved fee”.

21P  Subsection 18(4)

Repeal the subsection.

Bail Act 2005 (Norfolk Island)

22AAA  Subsection 3(1) (definition of Crimes Act)

Repeal the definition.

22AA  Subsection 3(1) (definition of Crown Law Officer)

Repeal the definition.

22AAAA  Paragraph 6(1)(d)

Repeal the paragraph, substitute:

                     (d)  the period between:

                              (i)  the making of an order under section 18 of the Criminal Procedure Act 2007 relating to the accused person; and

                             (ii)  the Tribunal (within the meaning of that section) determining whether or not the person is fit to plead to the charge;

22AAAB  Paragraph 9(1)(b)

Omit “section 54 of the Crimes Act”, substitute “section 77 or 78 of the Criminal Code 2007”.

22AAAC  Paragraph 9(1)(c)

Omit “part 3A of the Crimes Act”, substitute “Part 3.6 of the Criminal Code 2007”.

22AAAD  Paragraph 9(1)(d)

Repeal the paragraph, substitute:

                     (d)  against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI);

22AAAE  Subsection 9(1)

Omit “section 54, 59, 61 93D, or 93E, of the Crimes Act”, substitute “section 77, 78, 80, 81, 82, 83, 84, 109, 110, 111, 112, 113 or 114 of the Criminal Code 2007”.

22AAAF  Paragraph 9(2)(a)

Omit “23”, substitute “25”.

22AAAG  Section 9 (note)

Repeal the note.

22AAAH  After section 16

Insert:

16A  Bail for domestic violence offence

             (1)  This section applies to a person accused of a domestic violence offence.

             (2)  An authorised member must not grant bail to the person unless satisfied that the person poses no danger to a protected person while released on bail.

             (3)  However, even if the authorised member is satisfied as described in subsection (2), the member must refuse bail if satisfied that the refusal is justified after considering the matters mentioned in section 25 (criteria to be considered in bail applications).

             (4)  If an authorised member grants bail to the person, the member must include, with the entry in the book, or the information stored on a computer, under section 18, a statement about why the member is satisfied that the person poses no danger to any protected person.

             (5)  In this section:

domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).

protected person, in relation to a person accused of a domestic violence offence, means:

                     (a)  a person against whom the alleged conduct constituting the offence was directed; or

                     (b)  a person with whom the accused person has a domestic relationship as defined in section 5 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).

22AAAI  Paragraph 25(1)(d)

Omit “Domestic Violence Act 1995”, substitute “Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.

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.

22BC  Subsection 54(1) (definition of accused person)

Repeal the definition, substitute:

accused person means an accused person who is the subject of an order under Chapter 2 of the Criminal Procedure Act 2007.

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 2Bookmaking

23B  Division 1 of Part 2 (heading)

Repeal the heading, substitute:

Division 1Prohibition 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.

Brands and Marks Act 1949 (Norfolk Island)

24AFAA  Subsection 5(2)

Omit “a fee of .50 fee unit”, substitute “the approved fee”.

24AFAB  Subsection 6(1)

Omit “fee prescribed”, substitute “approved fee”.

24AFAC  Subsection 7(1)

After “prescribed form”, insert “, accompanied by the approved fee,”.

24AFAD  Paragraph 8(1)(c)

After “application”, insert “, accompanied by the approved fee,”.

24AFA  Subsection 10(1)

Omit “Minister may”, substitute “Chief Executive Officer may, by written instrument,”.

24AFB  Paragraph 19(b)

Repeal the paragraph.

Brands and Marks Regulations (Norfolk Island)

24AFC  Regulation 8

Repeal the regulation.

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.

24AAA  Subsection 5(1) (definition of prescribed fee)

Repeal the definition.

24AAB  Paragraph 10(2)(c)

Omit “prescribed fee”, substitute “approved fee”.

24AAC  Subsection 10(5)

Repeal the subsection.

24AAD  Subsection 14(2)

Omit “prescribed fee”, substitute “approved fee”.

24AAE  Paragraph 24(2)(b)

Omit “prescribed fee”, substitute “approved fee”.

24AAF  Subsection 25(2)

Omit “prescribed fee”, substitute “approved fee”.

24AAG  Section 61

Omit “Minister may, by instrument”, substitute “Chief Executive Officer may, by written instrument”.

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”.

24C  Subsection 64(2)

Omit “prescribed fee”, substitute “approved fee”.

Building Regulations 2004 (Norfolk Island)

24D  Regulations 17 and 18

Repeal the regulations.

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)

Repeal the paragraph, substitute:

                     (a)  The Commonwealth Minister may, by written instrument, appoint any of the following as the child welfare officer:

                              (i)  an individual who the Minister is satisfied has suitable qualifications and experience to perform the functions of the child welfare officer;

                             (ii)  an individual who holds a position in a body that specialises in providing, or facilitating the provision of, child welfare services if the Minister is satisfied that the position is sufficiently senior to perform the functions of the child welfare officer;

                            (iii)  an SES employee or acting SES employee, or an individual who performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth, if the office or position is at a level equivalent to or higher than that of an SES employee;

                            (iv)  an individual who holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of a State or Territory, if the office or position is at a level equivalent to or higher than that of an SES employee.

Note:       For subparagraph (a)(iii) and (iv), SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901 of the Commonwealth (applying because of section 8A of the Interpretation Act 1979).

                    (aa)  However, the Commonwealth Minister may only make an appointment under subparagraph (a)(iv) if:

                              (i)  the Department of State or other body has functions that include providing child welfare services; and

                             (ii)  the State or Territory agrees to the appointment.

                   (ab)  The Commonwealth Minister may determine the terms and conditions of an appointment under paragraph (a), including remuneration and allowances.

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).

29A  Paragraphs 24(1)(c) and (d)

Repeal the paragraphs, substitute:

                     (c)  The Commonwealth Minister may, by written notice, terminate the appointment of the child welfare officer at any time.

29B  Subparagraph 24(1)(e)(v)

Omit “Chief Executive Officer”, substitute “Commonwealth Minister”.

30  Subsection 24(2) (note)

Repeal the note.

30AAA  Subsection 26(1)

Omit “public sector agency”, substitute “defined entity (within the meaning of subsection 27(11))”.

30AAB  Subsection 26(2)

Repeal the subsection, substitute:

             (2)  The entity must promptly comply with the request if:

                     (a)  the entity is covered by paragraph (c), (ca), (cb), (d), (e), (f), (g), (h) or (j) of the definition of defined entity in subsection 27(11); or

                     (b)  the entity is covered by paragraph (k) of that definition, unless the entity is contracted as mentioned in that paragraph by a Department of State or other body that is a part, or authority, of a State or Territory.

             (3)  Subsection (4) applies if a law of a State or Territory:

                     (a)  limits disclosure of some or all of the information covered by the request by a Department of State or other body that is a part, or authority, of the State or Territory, or by a body or person acting on behalf of such a Department or other body; and

                     (b)  exempts from the limitation a disclosure authorised by a law in force in Norfolk Island.

             (4)  For the purposes of the exemption, the Department or other body or person may disclose to the child welfare officer the information covered by the request.

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”.

30ABA  Subsection 27(11) (paragraph (c) of the definition of defined entity)

Repeal the paragraph, substitute:

                     (c)  the public service;

                    (ca)  a territory instrumentality;

                   (cb)  a holder of an office established by an enactment;

30AC  Subsection 27(11) (paragraph (j) of the definition of defined entity)

Repeal the paragraph, substitute:

                      (j)  a Department of State or other body that is a part, or authority, of the Commonwealth;

                    (ja)  a Department of State or other body that is a part, or authority, 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

             (1)  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 individual who:

                              (i)  holds or performs the duties of an office or position in a Department of State or other body that is a part, or authority, of the Commonwealth or of a State or Territory, if the office or position is, or is equivalent to or higher than, an Executive Level 2 position in the Australian Public Service; and

                             (ii)  has suitable qualifications and experience to perform the functions or exercise the powers under the Act or the interstate law; or

                     (d)  if the child welfare officer was appointed under subparagraph 24(1)(a)(ii):

                              (i)  an employee of the body mentioned in that subparagraph; or

                             (ii)  an individual engaged by that body to provide child welfare services.

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.

             (2)  If a function or power is delegated under subsection (1) to a person referred to in paragraph (1)(c), the person need not accept the function or power delegated.

31AAA  Subsection 33(1) (subparagraph (c)(iv) of the definition of abuse)

Omit “domestic violence offence within the meaning of the Domestic Violence Act 1995, section 3,”, substitute “domestic violence offence as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.

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.

31DE  Section 59 (definition of final care and protection order)

Omit “a protection order or”, substitute “an”.

31DF  Section 59

Repeal the following definitions:

                     (a)  definition of final protection order;

                     (b)  definition of interim protection order.

31DG  Sections 70 to 73

Repeal the sections.

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”.

31KA  Subsection 123(7)

Omit “, or a protection order,”.

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”.

32AAA  Subsection 170(4)

Repeal the subsection, substitute:

             (4)  A person may not appeal to the Supreme Court in relation to a matter arising under this Act except in accordance with this Act.

32AB  Subsection 185(3)

Repeal the subsection.

32AC  Before subsection 186(1)

Insert:

          (1A)  A person who acquires information or a document under this Act may:

                     (a)  make a record of the information or document; or

                     (b)  divulge or communicate the information or document to any person;

if the recording, divulging or communication is for the purposes of this Act or as required by law.

32AD  Section 187

After “welfare officer,”, insert “a delegate of the child welfare officer,”.

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)

Repeal the note.

37AA  Dictionary

Repeal the following definitions:

                     (a)  definition of final protection order;

                     (b)  definition of interim protection order.

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.

37EA  Subsection 17(1)

Omit “to the Norfolk Island Planning and Environment Board under section 44”, substitute “under subsection 44(1) or 44D(1)”.

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 1AModel rules for body corporate

Note:       See subsections 38(5) and (6).

Part 1Health, 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 2Management 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 3Use 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 4Lots

  

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 5Behaviour 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 6Dispute 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 6Regulations and other matters

Note:       See section 166.

Part 1Preliminary

  

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 2Requirements 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 3Administration of community schemes

Division 1General

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 2Manager’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 4Fees

  

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.”.

Companies Regulations 1986 (Norfolk Island)

42A  Paragraph 44(a)

Repeal the paragraph, substitute:

                     (a)  a person who is a gaoler for the purposes of the Administration Act 1936;

Conveyancing Act 1913 (Norfolk Island)

42B  Subsection 4(1)

Omit “Administrator”, substitute “Chief Executive Officer”.

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”.

43AA  Subsection 37(2)

Omit “Minister determines”, substitute “Coroner directs”.

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.

43ALA  Subsection 4(1) (definition of capital offence)

Repeal the definition.

43ALB  Subsection 4(1)

Insert:

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.

43AT  Paragraph 45(a)

Omit “the offence is a capital offence or”.

43AU  Paragraph 45(a)

After “in respect of the offence”, insert “is imprisonment for life or”.

43AW  Subsection 59(1)

Omit “death or”.

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.

53DAAA  Section 108

Repeal the section, substitute:

108  Meaning of sexual intercourse in this Part

             (1)  In this Part, sexual intercourse means:

                     (a)  the penetration, to any extent, of the genitalia or anus of a person by any part of the body of another person; or

                     (b)  the penetration, to any extent, of the genitalia or anus of a person, by an object, carried out by another person; or

                     (c)  fellatio; or

                     (d)  cunnilingus; or

                     (e)  the continuation of any activity mentioned in paragraph (a), (b), (c) or (d).

             (2)  In this Part, sexual intercourse does not include an act of penetration that:

                     (a)  is carried out for a proper medical or hygienic purpose; or

                     (b)  is carried out for a proper law enforcement purpose.

             (3)  In this section:

genitalia includes surgically constructed or altered genitalia.

object includes an animal.

108A  Meaning of act of indecency in this Part

                   In this Part:

act of indecency means any act, other than sexual intercourse, that:

                     (a)  is of a sexual or indecent nature (including an indecent assault); and

                     (b)  involves the human body, or bodily actions or functions;

whether or not the act involves physical contact between people.

53DAAB  Subsection 113(1)

Omit “17 years”, substitute “20 years”.

53DAAC  After section 113

Insert:

113A  Sexual intercourse with person aged at least 16 but under 18—defendant in position of trust or authority

             (1)  A person (the defendant) commits an offence if:

                     (a)  the defendant engages in sexual intercourse with another person; and

                     (b)  the other person is at least 16, but less than 18, years of age; and

                     (c)  the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).

Penalty:  Imprisonment for 10 years.

             (2)  For the purposes of subsection (1):

                     (a)  absolute liability applies to paragraph (1)(b); and

                     (b)  strict liability applies to paragraph (1)(c).

Note:          For absolute liability, see section 24. For strict liability, see section 23.

             (3)  It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that:

                     (a)  at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:

                              (i)  the place where the marriage was solemnised; or

                             (ii)  Norfolk Island; or

                            (iii)  the place of the defendant’s residence or domicile; and

                     (b)  when it was solemnised, the marriage was genuine.

Note:          A defendant bears a legal burden in relation to the matters in this subsection, see section 59.

             (4)  It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.

Note:          A defendant bears a legal burden in relation to the matter in this subsection, see section 59.

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.

53DAA  Subsection 118(1)

Omit “5 years”, substitute “7 years”.

53DAB  Subsection 118(2)

Omit “7 years”, substitute “9 years”.

53DAC  After section 119

Insert:

119A  Act of indecency with person aged at least 16 but under 18—defendant in position of trust or authority

             (1)  A person (the defendant) commits an offence if:

                     (a)  the defendant commits an act of indecency on, or in the presence of, another person; and

                     (b)  the other person is at least 16, but less than 18, years of age; and

                     (c)  the defendant is in a position of trust or authority in relation to the other person for the purposes of the Criminal Code of the Commonwealth (see section 272.3 of that Code).

Penalty:  Imprisonment for 7 years.

             (2)  For the purposes of subsection (1):

                     (a)  absolute liability applies to paragraph (1)(b); and

                     (b)  strict liability applies to paragraph (1)(c).

Note:          For absolute liability, see section 24. For strict liability, see section 23.

             (3)  It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that:

                     (a)  at the time of the alleged offence, there existed between the defendant and the other person a marriage that was valid, or recognised as valid, under a law in force in:

                              (i)  the place where the marriage was solemnised; or

                             (ii)  Norfolk Island; or

                            (iii)  the place of the defendant’s residence or domicile; and

                     (b)  when it was solemnised, the marriage was genuine.

Note:          A defendant bears a legal burden in relation to the matters in this subsection, see section 59.

             (4)  It is a defence to a prosecution for an offence against subsection (1) if the defendant proves that, at the time of the alleged offence, the defendant believed on reasonable grounds that the other person was of or above the age of 18 years.

Note:          A defendant bears a legal burden in relation to the matter in this subsection, see section 59.

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.

53DBA  Subsection 125(6) (at the end of the definition of act of a sexual nature)

Add “(both within the meaning of Part 3.6)”.

53DBB  Subsection 126(1)

Omit “122, 123 (3) (b)”, substitute “112, 113(3)(b)”.

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)”.

53DE  At the end of section 129

Add:

             (6)  However, a person may be found guilty of an offence in accordance with this section only if the person has been accorded procedural fairness in relation to that finding of guilt.

53DF  Section 130

Before “In an indictment”, insert “(1)”.

53DG  At the end of section 130

Add:

             (2)  In an indictment for an offence against section 113A, a count may be added for an offence against section 119A.

53DH  Section 131

Omit “118 or 119”, substitute “118, 119 or 119A”.

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(4)

Repeal the subsection.

57AA  Subsection 7(5)

Insert:

audiovisual link means a system of 2‑way communication linking different places so that a person at any of them can be seen and heard at the other places.

57AC  Subsection 7(5) (definitions of Chief Executive Officer and Crown law officer)

Repeal the definitions.

57AE  Subsection 7(5)

Insert:

external place, for a proceeding, means a place other than the courtroom where the proceeding is heard.

57AG  Subsection 7(5)

Repeal the following definitions:

                     (a)  definition of public office;

                     (b)  definition of public sector and public sector agency;

                     (c)  definition of public service.

57AK  Paragraph 53(4)(b)

Omit “a protection order that is a domestic violence order under the Domestic Violence Act 1995 has not been made”, substitute “an apprehended violence order has not been made under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.

57AL  Section 54 (heading)

Repeal the heading, substitute:

54  Seizure of firearms—apprehended violence orders

57AM  Subsection 54(1)

Omit “In enforcing an order under the Domestic Violence Act 1995, section 15 (Protection orders‑firearms)”, substitute “If a court has made an apprehended violence order against a person that prohibits, or restricts, under paragraph 35(2)(d) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI), the possession by the person of one or more firearms”.

57AN  Paragraph 54(1)(a)

Omit “respondent named in the order”, substitute “person”.

57AO  Paragraph 54(1)(b)

After “licence”, insert “or permit”.

57AP  Subsections 54(2), (3) and (4)

Omit “or licence” (wherever occurring), substitute “, licence or permit”.

57AQ  Paragraph 54(5)(a)

Omit “or licence”, substitute “, licence or permit”.

57AR  Paragraph 54(5)(a)

Omit “for the purpose of enforcing an order mentioned in that subsection”.

57AS  Paragraph 54(5)(b)

Omit “has not been cancelled or suspended under the Domestic Violence Act 1995, section 15”, substitute “or permit is not suspended or cancelled”.

57AT  Subsection 54(5)

Omit “the firearm, ammunition or licence shall be returned to the licensee”, substitute “the firearm, ammunition, licence or permit must be returned to the licensee or permittee”.

57AU  Paragraph 54(5)(c)

Repeal the paragraph, substitute:

                     (c)  the licensee or permittee satisfies the registrar of firearms that the licensee or permittee may lawfully possess the firearm, ammunition, licence or permit; and

57AV  Paragraph 54(5)(d)

Omit “or licence”, substitute “, licence or permit”.

57AW  Paragraph 54(5)(e)

Omit “Firearms Act 1997 to be in possession of the firearm, ammunition or licence”, substitute “Firearms and Prohibited Weapons Act 1997 to possess the firearm, ammunition, licence or permit”.

57AX  Subsections 54(6) and (7)

Omit “Firearms Act 1997”, substitute “Firearms and Prohibited Weapons Act 1997”.

57AY  Subsection 74(5) (definition of domestic violence offence)

Repeal the definition, substitute:

domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).

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  Subsection 112(2)

Repeal the subsection.

59D  Chapter 6

Repeal the Chapter, substitute:

Chapter 6Evidence of children

  

  

155  Definitions for this Chapter

                   In this Chapter:

court means:

                     (a)  the Supreme Court; or

                     (b)  the Court of Petty Sessions; or

                     (c)  the Coroner’s Court.

proceeding means a proceeding to which this Chapter applies.

155A  Meaning of give evidence in a proceeding by audiovisual link for this Chapter

                   In this Chapter:

give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.

155B  Sworn or unsworn evidence

                   For the purposes of this Chapter, it does not matter whether evidence is to be, or is being, given on oath or otherwise.

155C  Proceedings to which this Chapter applies

                   This Chapter applies to:

                     (a)  a proceeding in the Supreme Court:

                              (i)  for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or

                             (ii)  for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or

                            (iii)  by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or

                     (b)  a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or

                     (c)  a proceeding under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or

                     (d)  a proceeding under Chapter 5 or 6 of the Child Welfare Act 2009; or

                     (e)  a proceeding by way of an inquest or inquiry in the Coroner’s Court.

155D  Child giving evidence by audiovisual link

             (1)  This section applies if:

                     (a)  a child is to give evidence in a proceeding; and

                     (b)  the proceeding is to be heard in a courtroom; and

                     (c)  the courtroom and an external place are linked by an audiovisual link.

             (2)  The child’s evidence must be given by audiovisual link unless the court otherwise orders.

             (3)  However, the evidence of a child who is an accused person in a proceeding is not to be given by audiovisual link.

             (4)  The court may make an order under subsection (2) only if satisfied that:

                     (a)  the child prefers to give evidence in the courtroom; or

                     (b)  if the order is not made:

                              (i)  the proceeding may be unreasonably delayed; or

                             (ii)  there is a substantial risk that the court will not be able to ensure that the proceeding is conducted fairly.

             (5)  While the child is at the external place to give evidence, the place is taken to be part of the courtroom.

155E  Representation of child

             (1)  This section applies if:

                     (a)  a child is to give evidence in a proceeding by audiovisual link; and

                     (b)  the child is not separately represented by someone else; and

                     (c)  the court considers that the child should be separately represented by someone else.

             (2)  The court may:

                     (a)  order that the child be separately represented by someone else; and

                     (b)  make any other order it considers necessary to arrange the separate representation.

155F  Consequential orders

             (1)  This section applies if a child is to give evidence in a proceeding by audiovisual link.

             (2)  The court may make any order it considers appropriate:

                     (a)  to ensure that the proceeding is conducted fairly; or

                     (b)  to allow the child to identify a person or thing; or

                     (c)  to allow the child to take part in a view or to watch a demonstration or experiment; or

                     (d)  to allow part of the proceeding to be heard somewhere other than in the courtroom.

             (3)  The court may make any other order it considers appropriate, including, for example, an order stating:

                     (a)  who may be with the child at the external place; or

                     (b)  who must not be with the child at the external place; or

                     (c)  who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or

                     (d)  who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or

                     (e)  how the audiovisual link is to operate.

             (4)  The court may order that a person be excluded from the external place while the child is giving evidence.

             (5)  The court may direct that an order under this section apply only to a particular part of the proceeding.

155G  Making of orders

             (1)  The court may make an order under this Chapter in a proceeding on its own initiative or on the application of:

                     (a)  a party to the proceeding; or

                     (b)  the child or a person acting on the child’s behalf; or

                     (c)  the child’s parent or guardian.

             (2)  For the purpose of making an order under this Chapter, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.

155H  Jury warning about inferences from child giving evidence by audiovisual link

             (1)  This section applies if:

                     (a)  a child gives evidence in a proceeding by audiovisual link; and

                     (b)  the proceeding is before a jury.

             (2)  The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.

155J  Failure to comply with this Chapter

             (1)  If the evidence of a child is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.

             (2)  Failure to comply with this Chapter in relation to a proceeding does not affect the validity of the proceeding.

155K  Child turns 18 during proceeding

                   If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this Chapter continues to apply to the person for the proceeding.

Chapter 6AEvidence of witnesses with disabilities or vulnerabilities

  

  

160  Meaning of proceeding for this Chapter

                   In this Chapter:

proceeding means a proceeding to which this Chapter applies.

160A  Meaning of witness with a disability for this Chapter

                   For this Chapter, a witness with a disability is a person who gives evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.

160B  Proceedings to which this Chapter applies

                   This Chapter applies to:

                     (a)  a proceeding in the Supreme Court:

                              (i)  for a trial on indictment in relation to the alleged commission of an offence against a law in force in Norfolk Island; or

                             (ii)  for the passing of sentence in relation to the commission of an offence against a law in force in Norfolk Island; or

                            (iii)  by way of an appeal from a conviction, order, sentence or other decision of the Court of Petty Sessions in a proceeding in relation to which this Chapter applies; or

                     (b)  a proceeding in the Court of Petty Sessions on an information in relation to the alleged commission, or commission, of an offence against a law in force in Norfolk Island; or

                     (c)  a proceeding under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or

                     (d)  a proceeding under Chapter 5 or 6 of the Child Welfare Act 2009; or

                     (e)  a proceeding by way of an inquest or inquiry in the Coroner’s Court.

160C  Child or witness with disability may have support person in court

             (1)  This section applies to any of the following people (a witness) giving evidence in a proceeding:

                     (a)  a child;

                     (b)  a witness with a disability.

             (2)  The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:

                     (a)  for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person’s presence; or

                     (b)  for any other witness—close to the witness and within the witness’s sight.

             (3)  The court may order that a witness have more than one support person if it considers it is in the interests of justice.

             (4)  The support person must not:

                     (a)  speak for the witness during the proceeding; or

                     (b)  otherwise interfere in the proceeding.

             (5)  Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.

             (6)  If the proceeding is a trial by jury, the court must tell the jury that:

                     (a)  a witness having a support person in the court while giving evidence is a usual practice; and

                     (b)  the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.

160D  Witness with vulnerability may give evidence in closed court

             (1)  This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person’s ability to give evidence because of:

                     (a)  the circumstances of the proceeding; or

                     (b)  the person’s circumstances.

Note:          The following are examples for subsection (1):

(a)    the person is likely to suffer severe emotional trauma because of the nature of the alleged offence;

(b)    the person is intimidated or distressed because of the person’s relationship to the accused person.

             (2)  The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence under cross‑examination) is given.

             (3)  In deciding whether to order that the court be closed to the public, the court must consider whether:

                     (a)  the witness wants to give evidence in open court; and

                     (b)  it is in the interests of justice that the witness give evidence in open court.

             (4)  However, an order under this section does not stop the following people from being in court when the witness gives evidence:

                     (a)  a person nominated by the witness;

                     (b)  a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.

Note:          Publishing certain information in relation to sexual offence proceedings is an offence (see section 167F).

             (5)  In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.

160E  Making of orders under this Chapter—court not bound by rules of evidence

                   For the purpose of making an order under section 160C or 160D, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.

59E  Chapter 7 (heading)

Repeal the heading, substitute:

Chapter 7Evidence in sexual, violent and domestic violence proceedings

59F  Divisions 1, 2 and 3 of Chapter 7

Repeal the Divisions, substitute:

Division 1Preliminary

165  Failure to comply with this Chapter

             (1)  If the evidence of the complainant or a similar act witness is not given in accordance with this Chapter, the evidence is not inadmissible for that reason only.

             (2)  Failure to comply with this chapter in relation to a proceeding does not affect the validity of the proceeding.

165A  Meaning of relevant person for this Chapter

             (1)  In this Chapter:

relevant person, in relation to a person (the original person) means:

                     (a)  a spouse, de facto partner, or intimate partner, of the original person; or

                     (b)  a former spouse, former de facto partner, or former intimate partner, of the original person; or

                     (c)  a relative of the original person; or

                     (d)  a child of a spouse or de facto partner, or of a former spouse or former de facto partner, of the original person; or

                     (e)  a parent of a child of the original person.

             (2)  In this section:

intimate partner of a person means someone with whom the person has an intimate relationship (whether they are members of the same household or not), but does not include:

                     (a)  a spouse or de facto partner of the person; or

                     (b)  another person with whom the person has a relationship only because a service is provided between them:

                              (i)  for fee or reward; or

                             (ii)  on behalf of another person (including a government or corporation); or

                            (iii)  on behalf of an organisation the principal objects or purposes of which are charitable or benevolent.

             (3)  For the purposes of the definition of intimate partner in subsection (2), factors that indicate whether there is an intimate relationship between 2 people include, but are not limited to, the following:

                     (a)  the extent to which each is personally dependent on the other;

                     (b)  the extent to which each is financially dependent on the other (including any arrangements for financial support);

                     (c)  the length of the relationship;

                     (d)  the frequency of contact between each other;

                     (e)  if there is, or has been, a sexual relationship;

                      (f)  the extent to which each is involved in, or knows about, the other’s personal life;

                     (g)  the degree of mutual commitment to a shared life;

                     (h)  if the 2 people share care or support for children or other dependents.

165B  Meaning of relative for this Chapter

             (1)  In this Chapter:

relative of a person (the original person):

                     (a)  means the original person’s:

                              (i)  parent, grandparent, step‑parent, father‑in‑law or mother‑in‑law; or

                             (ii)  child, grandchild, stepchild, son‑in‑law or daughter‑in‑law; or

                            (iii)  sibling, half‑sibling or step‑sibling or

                            (iv)  uncle, aunt, uncle‑in‑law or aunt‑in‑law; or

                             (v)  nephew, niece or cousin; and

                     (b)  if the original person has or had a de facto partner—includes someone who would have been a relative mentioned in paragraph (a) if the original person had been married to the de facto partner; and

                     (c)  includes:

                              (i)  someone who has been a relative mentioned in paragraph (a) or (b) of the original person; and

                             (ii)  if the original person is an Indigenous person—the persons mentioned in subsection (3); and

                            (iii)  someone regarded and treated by the original person as a relative; and

                            (iv)  anyone else who could reasonably be considered to be, or have been, a relative of the original person.

             (2)  In this section:

Indigenous person means a person who is:

                     (a)  a member of the Aboriginal race of Australia; or

                     (b)  a descendant of an Indigenous inhabitant of the Torres Strait Islands.

             (3)  For the purposes of subparagraph (c)(ii) of the definition of relative in subsection (1), the persons are as follows:

                     (a)  someone the original person has responsibility for, or an interest in, in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs;

                     (b)  someone who has responsibility for, or an interest in, the original person in accordance with the traditional laws and customs of the community of Indigenous persons to which the original person belongs.

165C  Meaning of other family relationship expressions for this Chapter

             (1)  In this Chapter:

child: without limiting who is a child of a person for the purposes of this Chapter, a person is the child of another person if the person is a child of the other person within the meaning of the Family Law Act 1975 of the Commonwealth.

de facto partner has the meaning given by the Acts Interpretation Act 1901 of the Commonwealth.

parent: without limiting who is a parent of another person for the purposes of this Chapter, a person is the parent of another person who is the person’s child because of the definition of child in this subsection.

stepchild: without limiting who is a stepchild of another person for the purposes of this Chapter, a child of a de facto partner of the other person is the stepchild of the other person if the child would be the other person’s stepchild except that the other person is not legally married to the partner.

step‑parent: without limiting who is a step‑parent of a person for the purposes of this Chapter, a de facto partner of a parent of the person is the step‑parent of the person if the de facto partner would be the person’s step‑parent except that the de facto partner is not legally married to the person’s parent.

             (2)  For the purposes of this Chapter, if one person is the child of another person because of the definition of child in subsection (1), relationships traced to or through that person are to be determined on the basis that the person is the child of the other person.

165D  Meaning of found guilty for this Chapter

                   In this Chapter:

found guilty of an offence includes having an offence taken into account under section 143 of the Sentencing Act 2007.

165E  Meaning of intellectually impaired for this Chapter

                   In this Chapter:

intellectually impaired: a person is intellectually impaired if the person has:

                     (a)  an appreciably below average general intellectual function; or

                     (b)  a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or

                     (c)  any other intellectual disability.

165F  Meaning of lawyer for this Chapter

                   In this Chapter:

lawyer means a person who is entitled to practise as a practitioner under sections 7, 8 and 9 of the Legal Profession Act 1993.

165G  References to offences include related ancillary offences

             (1)  A reference in a provision of this Chapter to a particular offence includes a reference to an offence against section 44 (attempt), 47 (incitement) or 48 (conspiracy) of the Criminal Code 2007 that relates to that particular offence.

             (2)  Subsection (1) does not apply if the provision is expressly or impliedly to the contrary effect.

Note:          Sections 45 (complicity and common purpose) and 46 (agency) of the Criminal Code 2007 operate as extensions of principal offences and are therefore not referred to in this section.

Division 2Evidence in sexual and violent offence proceedings

Subdivision APreliminary

166  Definitions for this Division

                   In this Division:

less serious violent offence means:

                     (a)  an offence against any of the following provisions of the Criminal Code 2007:

                              (i)  subsection 79(1) (wounding);

                             (ii)  section 80 (assault with intent to commit certain indictable offences);

                            (iii)  subsection 81(1) (inflicting actual bodily harm);

                            (iv)  subsection 82(1) (assault occasioning actual bodily harm);

                             (v)  section 83 (causing grievous bodily harm);

                            (vi)  section 84 (common assault);

                           (vii)  section 87 (acts endangering health etc);

                          (viii)  subsection 88(3) or (4) (culpable driving of motor vehicle);

                            (ix)  section 90 (threat to inflict grievous bodily harm);

                             (x)  section 92 (possession of object with intent to kill, etc.);

                            (xi)  section 96 (abduction of young person);

                           (xii)  section 100 (exposing or abandoning child);

                          (xiii)  section 259 (damaging property); or

                     (b)  an offence against section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) (contravening apprehended violence order).

serious violent offence means an offence against any of the following provisions of the Criminal Code 2007:

                     (a)  section 70 (murder);

                     (b)  section 73 (manslaughter);

                     (c)  section 77 (intentionally inflicting grievous bodily harm);

                     (d)  section 78 (recklessly inflicting grievous bodily harm);

                     (e)  subsection 79(2) (wounding);

                      (f)  subsection 81(2) (inflicting actual bodily harm);

                     (g)  subsection 82(2) (assault occasioning actual bodily harm);

                     (h)  section 86 (acts endangering life etc);

                      (i)  subsection 88(1) or (2) (culpable driving of motor vehicle);

                      (j)  section 89 (threat to kill);

                     (k)  section 91 (demands accompanied by threats);

                      (l)  section 93 (forcible confinement);

                    (m)  section 94 (stalking);

                     (n)  section 95 (torture);

                     (o)  section 97 (kidnapping);

                     (p)  section 99 (unlawfully taking child etc);

                     (q)  section 101 (child destruction);

                      (r)  section 102 (childbirth—grievous bodily harm);

                      (s)  section 147 (destroying or damaging property);

                      (t)  section 148 (arson);

                     (u)  section 186 (robbery);

                     (v)  section 187 (aggravated robbery);

                    (w)  section 188 (burglary);

                     (x)  section 189 (aggravated burglary).

sexual offence means an offence against any of the following provisions of the Criminal Code 2007:

                     (a)  Part 3.6 (sexual offences);

                     (b)  Part 3.9 (female genital mutilation);

                     (c)  Part 3.10 (sexual servitude).

sexual or violent offence means:

                     (a)  a sexual offence; or

                     (b)  a violent offence.

sexual or violent offence proceeding means:

                     (a)  a sexual offence proceeding; or

                     (b)  a violent offence proceeding.

similar act witness means a witness in a sexual or violent offence proceeding who gives, or intends to give, evidence in the proceeding that:

                     (a)  relates to an act committed on or in the presence of the witness by the accused; and

                     (b)  is tendency evidence or coincidence evidence under the Evidence Act 2004.

violent offence means a serious violent offence or a less serious violent offence.

witness with a disability means a person who gives, or intends to give, evidence in a proceeding and has a mental or physical disability that affects the person’s ability to give evidence.

Subdivision BSexual and violent offence proceedings: general

167  Meaning of complainant and sexual offence proceeding for this Subdivision

             (1)  For the purposes of this Subdivision, the complainant in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.

             (2)  For the purposes of this Subdivision, a sexual offence proceeding is:

                     (a)  a proceeding for a sexual offence; or

                     (b)  a proceeding in relation to bail for a person charged with a sexual offence, whether or not the person is also charged with any other offence; or

                     (c)  a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or

                     (d)  an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or

                     (e)  an interlocutory proceeding in, or a proceeding ancillary to, a proceeding mentioned in paragraphs (a) to (c).

             (3)  For the purposes of paragraph (2)(a), a proceeding for a sexual offence includes:

                     (a)  a proceeding for a sexual offence and any other offence; and

                     (b)  a proceeding for a sexual offence and any other offence as an alternative to the sexual offence; and

                     (c)  a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.

             (4)  To remove any doubt, for the purposes of this section, a proceeding includes a committal hearing.

167A  Meaning of violent offence proceeding for this Subdivision

             (1)  For the purposes of this Subdivision, a violent offence proceeding is:

                     (a)  a proceeding for a violent offence; or

                     (b)  a proceeding in relation to bail for a person charged with a violent offence, whether or not the person is also charged with any other offence; or

                     (c)  a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or

                     (d)  an appeal or other review (whether by prerogative order or otherwise) arising out of a proceeding mentioned in paragraphs (a) to (c); or

                     (e)  an interlocutory proceeding in, or a proceeding ancillary to, a proceeding mentioned in paragraphs (a) to (c).

             (2)  For the purposes of paragraph (1)(a), a proceeding for a violent offence includes:

                     (a)  a proceeding for a violent offence and any other offence; and

                     (b)  a proceeding for a violent offence and any other offence as an alternative to the violent offence; and

                     (c)  a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.

             (3)  To remove any doubt, for the purposes of this section, a proceeding includes a committal hearing.

167B  Accused may be screened from witness in court

             (1)  This section applies to the complainant or a similar act witness (the witness) giving evidence in:

                     (a)  a sexual offence proceeding; or

                     (b)  a violent offence proceeding in relation to a serious violent offence; or

                     (c)  a violent offence proceeding in relation to a less serious violent offence if:

                              (i)  the witness is a relevant person in relation to the accused person; or

                             (ii)  the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.

Note:          The following are examples for subparagraph (c)(ii):

(a)    the witness is likely to suffer severe emotional trauma because of the nature of the alleged offence;

(b)    the witness is intimidated or distressed because of the witness’s relationship to the accused person.

             (2)  For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.

             (3)  The court may order that the courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:

                     (a)  the accused person; or

                     (b)  anyone else the court considers should be screened from the witness.

             (4)  However, the witness must be visible to:

                     (a)  the presiding judicial officer; and

                     (b)  if the proceeding is a trial by jury—the jury; and

                     (c)  the accused person; and

                     (d)  the accused person’s lawyer; and

                     (e)  if the court has ordered that someone should be screened from the complainant or similar act witness—the person; and

                      (f)  the prosecutor.

167C  Examination of witness by self‑represented accused person—procedure

             (1)  This section applies to the complainant or a similar act witness (the witness) giving evidence in:

                     (a)  a sexual offence proceeding; or

                     (b)  a violent offence proceeding in relation to a serious violent offence; or

                     (c)  a violent offence proceeding in relation to a less serious violent offence if:

                              (i)  the witness is a relevant person in relation to the accused person; or

                             (ii)  the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.

Note:          The following are examples for subparagraph (c)(ii):

(a)    the witness is likely to suffer severe emotional trauma because of the nature of the alleged offence;

(b)    the witness is intimidated or distressed because of the witness’s relationship to the accused person.

             (2)  For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.

             (3)  This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.

             (4)  The witness must not be examined personally by the accused person but may be examined instead by:

                     (a)  the accused person’s legal representative; or

                     (b)  if the accused person does not have a legal representative—a person appointed by the court.

             (5)  If the accused person does not have a legal representative, the court must, as soon as practicable, tell the person:

                     (a)  about the terms of subsection (4); and

                     (b)  that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross‑examination.

             (6)  A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.

Note:          If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).

             (7)  If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:

                     (a)  adjourn the proceeding to enable the person to obtain a legal representative to conduct the examination;

                     (b)  make:

                              (i)  an order that the person obtain legal representation; and

                             (ii)  any other order the court considers necessary to secure legal representation for the person.

             (8)  If the proceeding is a trial by jury, the court must tell the jury that:

                     (a)  the accused person may not examine the witness personally; and

                     (b)  obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and

                     (c)  the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.

             (9)  In this section:

examine includes cross‑examine and re‑examine.

167D  Sexual and violent offence proceeding—witness may have support person in court

             (1)  This section applies to the complainant or a similar act witness (the witness) giving evidence in:

                     (a)  a sexual offence proceeding; or

                     (b)  a violent offence proceeding in relation to a serious violent offence; or

                     (c)  a violent offence proceeding in relation to a less serious violent offence if:

                              (i)  the witness is a relevant person in relation to the accused person; or

                             (ii)  the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.

Note:          The following are examples for subparagraph (c)(ii):

(a)    the witness is likely to suffer severe emotional trauma because of the nature of the alleged offence;

(b)    the witness is intimidated or distressed because of the witness’s relationship to the accused person.

             (2)  For the purposes of subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.

             (3)  The court must, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to, and within the witness’s sight, while the witness gives evidence.

             (4)  The court may order that a witness have more than one support person if it considers it is in the interests of justice.

             (5)  The support person must not:

                     (a)  speak for the witness during the proceeding; or

                     (b)  otherwise interfere in the proceeding.

             (6)  Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.

             (7)  If the proceeding is a trial by jury, the court must tell the jury that:

                     (a)  a witness having a support person in the court while giving evidence is a usual practice; and

                     (b)  the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.

167E  Sexual and violent offence proceeding—evidence to be given in closed court

             (1)  This section applies to the complainant or a similar act witness (the witness) giving evidence in:

                     (a)  a sexual offence proceeding; or

                     (b)  a violent offence proceeding in relation to a serious violent offence; or

                     (c)  a violent offence proceeding in relation to a less serious violent offence if:

                              (i)  the witness is a relevant person in relation to the accused person; or

                             (ii)  the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.

Note:          The following are examples for subparagraph (c)(ii):

(a)    the witness is likely to suffer severe emotional trauma because of the nature of the alleged offence;

(b)    the witness is intimidated or distressed because of the witness’s relationship to the accused person.

             (2)  For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.

             (3)  The court may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.

             (4)  In deciding whether to order that the court be closed to the public, the court must consider whether:

                     (a)  the witness wants to give evidence in open court; and

                     (b)  it is in the interests of justice that the witness give evidence in open court.

             (5)  However, an order under this section does not stop the following people from being in court when the witness gives evidence:

                     (a)  a person nominated by the witness;

                     (b)  a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.

Note:          Publishing certain information in relation to sexual offence proceedings is an offence (see section 167F).

             (6)  In this section, a reference to a person giving evidence includes the person giving evidence by:

                     (a)  the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or

                     (b)  audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or

                     (c)  the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).

167F  Sexual offence proceeding—prohibition of publication of complainant’s identity

             (1)  A person commits an offence if the person publishes, in relation to a sexual offence proceeding:

                     (a)  the complainant’s name; or

                     (b)  protected identity information about the complainant; or

                     (c)  a reference or allusion that discloses the complainant’s identity; or

                     (d)  a reference or allusion from which the complainant’s identity might reasonably be worked out.

Penalty:  Imprisonment for 12 months or 60 penalty units, or both.

             (2)  It is a defence to a prosecution for an offence against this section if the person proves that the complainant consented to the publication before the publication happened.

Note:          A defendant bears a legal burden in relation to the matter in this subsection, see section 59 of the Criminal Code 2007.

             (3)  In this section:

protected identity information means information about, or allowing someone to find out, the private, business or official address, email address or telephone number of a person.

Subdivision CSexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence

168  Meaning of sexual offence and violent offence for this Subdivision

             (1)  For the purposes of this Subdivision, a sexual offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another sexual offence.

             (2)  For the purposes of this Subdivision, a violent offence includes an offence under section 14 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to another violent offence.

168A  Meaning of sexual offence proceeding for this Subdivision

             (1)  For the purposes of this Subdivision, a sexual offence proceeding is:

                     (a)  a proceeding for a sexual offence; or

                     (b)  a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or

                     (c)  an appeal arising out of a proceeding mentioned in paragraph (a) or (b).

             (2)  For the purposes of paragraph (1)(a), a proceeding for a sexual offence includes:

                     (a)  a proceeding for a sexual offence and any other offence; and

                     (b)  a proceeding for a sexual offence and any other offence as an alternative to the sexual offence; and

                     (c)  a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.

168B  Meaning of violent offence proceeding for this Subdivision

             (1)  For the purposes of this Subdivision, a violent offence proceeding is:

                     (a)  a proceeding for a violent offence; or

                     (b)  a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or

                     (c)  an appeal arising out of a proceeding mentioned in paragraph (a) or (b).

             (2)  For the purposes of paragraph (1)(a), a proceeding for a violent offence includes:

                     (a)  a proceeding for a violent offence and any other offence; and

                     (b)  a proceeding for a violent offence and any other offence as an alternative to the violent offence; and

                     (c)  a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.

168C  Meaning of witness for this Subdivision

             (1)  For the purposes of this Subdivision, a witness is a witness in a sexual or violent offence proceeding who:

                     (a)  is a child on the day an audiovisual recording is made; or

                     (b)  is intellectually impaired; or

                     (c)  is a complainant or similar act witness in the proceeding.

Note:          For intellectually impaired, see section 165E.

             (2)  In this section:

complainant, in a sexual or a violent offence proceeding, means the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.

168D  Meaning of audiovisual recording for this Subdivision

             (1)  For the purposes of this Subdivision, an audiovisual recording is an audiovisual recording that is of a witness answering questions of a police officer in relation to the investigation of a sexual or violent offence.

             (2)  The audiovisual recording must include the following:

                     (a)  the date when, and the place where, the recording was made;

                     (b)  the times when the recording started and ended;

                     (c)  the times when any break in questioning started and ended, and the reason for the break;

                     (d)  the name of each person present during any part of the recording;

                     (e)  for each person present during any part of the recording—the part when the person was present.

             (3)  The audiovisual recording must:

                     (a)  be certified by a police officer as an accurate record of the witness answering the questions; and

                     (b)  not be edited or changed, unless the court hearing the proceeding in which the recording is tendered otherwise orders.

Note:          For paragraph (b), a court might, for example, order that the recording be edited to omit inadmissible material.

168E  Audiovisual recording may be admitted as evidence

             (1)  An audiovisual recording may:

                     (a)  be played at the hearing of a proceeding for the sexual or violent offence to which it relates; and

                     (b)  if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.

             (2)  However, the court may refuse to admit all or any part of the audiovisual recording.

             (3)  The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, when the audiovisual recording is played at the hearing.

             (4)  This section is subject to section 168J.

168F  Audiovisual recording—notice

             (1)  This section applies if the prosecutor in a sexual or violent offence proceeding intends to tender an audiovisual recording as evidence.

             (2)  The prosecutor must give to the accused person or the person’s lawyer:

                     (a)  written notice that the prosecutor intends to tender the audiovisual recording; and

                     (b)  a copy of a transcript of the recording.

             (3)  The notice must state the following:

                     (a)  each audiovisual recording the prosecutor intends to tender;

                     (b)  that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the police officer in charge in Norfolk Island;

                     (c)  the person responsible (the responsible person) for arranging access to each recording.

             (4)  For the purposes of paragraph (3)(c), the notice must state the responsible person by:

                     (a)  naming the person; or

                     (b)  stating the occupant of a position.

168G  Audiovisual recording—notice for access

             (1)  The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.

             (2)  The notice must state the following:

                     (a)  the name of the accused person, and the person’s lawyer;

                     (b)  each audiovisual recording for which access is required.

168H  Audiovisual recording—access to accused person

             (1)  This section applies if an accused person, or the person’s lawyer, gives notice under section 168G requesting access to an audiovisual recording.

             (2)  The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 168G.

             (3)  The person who gave notice may have access to an audiovisual recording more than once.

             (4)  The accused person, and the person’s lawyer, must not be given, or take a copy of, an audiovisual recording.

168J  Audiovisual recording—admissibility

             (1)  An audiovisual recording is admissible in a sexual or violent offence proceeding only if:

                     (a)  notice is given under section 168F; and

                     (b)  a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and

                     (c)  the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording.

             (2)  However, if the prosecutor fails to give notice under section 168F, the audiovisual recording is admissible if:

                     (a)  a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and

                     (b)  the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and

                     (c)  the court considers it is in the interests of justice to admit the recording.

             (3)  This section does not prevent the parties consenting to the admission in evidence of an audiovisual recording.

168K  Audiovisual recording—jury trial

             (1)  This section applies if:

                     (a)  a sexual or violent offence proceeding is a trial by jury; and

                     (b)  an audiovisual recording is admitted in evidence in the proceeding.

             (2)  The court must tell the jury that:

                     (a)  admission of the audiovisual recording is a usual practice; and

                     (b)  the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.

             (3)  If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.

168L  Transcript of audiovisual recording—access to court

                   If an audiovisual recording is admitted in evidence in a sexual or violent offence proceeding, the court may order that a transcript of the recording be made available to the court.

168M  Audiovisual recording—offences

             (1)  A person commits an offence if the person, without authority:

                     (a)  possesses an audiovisual recording; or

                     (b)  supplies, or offers to supply, an audiovisual recording to another person; or

                     (c)  plays, copies or erases, or allows someone else to play, copy or erase, an audiovisual recording.

Penalty:  Imprisonment for 12 months or 60 penalty units, or both.

             (2)  For the purposes of this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with:

                     (a)  the investigation of, or a proceeding for, an offence in relation to which the recording is prepared; or

                     (b)  a re‑hearing, re‑trial or appeal in relation to such a proceeding, including a proceeding in which the recording is or may be admitted in evidence under Subdivision E or F.

Subdivision DSexual and violent offence proceedings: giving evidence by audiovisual link

169  Definitions for this Subdivision

                   In this Subdivision:

give evidence in a proceeding by audiovisual link means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.

proceeding means a proceeding to which this Subdivision applies.

169A  Meaning of complainant and sexual offence proceeding for this Subdivision

             (1)  For the purposes of this Subdivision, the complainant, in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.

             (2)  For the purposes of this Subdivision, a sexual offence proceeding is:

                     (a)  a proceeding for a sexual offence; or

                     (b)  a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or

                     (c)  a proceeding under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to a sexual offence;

                     (d)  a proceeding by way of an inquest or inquiry in the Coroner’s Court in relation to a sexual offence; or

                     (e)  an appeal arising out of a proceeding mentioned in paragraphs (a) to (d).

             (3)  For the purposes of paragraph (2)(a), a proceeding for a sexual offence includes:

                     (a)  a proceeding for a sexual offence and any other offence; and

                     (b)  a proceeding for a sexual offence and any other offence as an alternative to the sexual offence; and

                     (c)  a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.

             (4)  To remove any doubt, for the purposes of this section, a proceeding includes a committal hearing.

169B  Meaning of violent offence proceeding for this Subdivision

             (1)  For the purposes of this Subdivision, a violent offence proceeding is:

                     (a)  a proceeding for a violent offence; or

                     (b)  a sentencing proceeding for a person convicted or found guilty of a violent offence, whether or not the person is also convicted or found guilty of any other offence; or

                     (c)  a proceeding under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) in relation to a violent offence;

                     (d)  an appeal arising out of a proceeding mentioned in paragraphs (a) to (c).

             (2)  For the purposes of paragraph (1)(a), a proceeding for a violent offence includes:

                     (a)  a proceeding for a violent offence and any other offence; and

                     (b)  a proceeding for a violent offence and any other offence as an alternative to the violent offence; and

                     (c)  a proceeding for a violent offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.

             (3)  To remove any doubt, for the purposes of this section, a proceeding includes a committal hearing.

169C  Proceedings to which this Subdivision applies

             (1)  This Subdivision applies to the following proceedings:

                     (a)  a sexual offence proceeding;

                     (b)  a violent offence proceeding in relation to a serious violent offence;

                     (c)  a violent offence proceeding in relation to a less serious violent offence if:

                              (i)  the complainant or similar act witness (the witness) is a relevant person in relation to the accused person; or

                             (ii)  the court considers that the witness has a vulnerability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.

Note 1:       For relevant person, see section 165A.

Note 2:       The following are examples for subparagraph (c)(ii):

(a)    the witness is likely to suffer severe emotional trauma because of the nature of the alleged offence;

(b)    the witness is intimidated or distressed because of the witness’s relationship to the accused person.

             (2)  For the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.

169D  Complainant or similar act witness giving evidence by audiovisual link

             (1)  This section applies if:

                     (a)  a complainant or similar act witness is to give evidence in a proceeding; and

                     (b)  the proceeding is to be heard in a courtroom; and

                     (c)  the courtroom and an external place are linked by an audiovisual link.

             (2)  The complainant’s or similar act witness’s evidence must be given by audiovisual link unless the court otherwise orders.

             (3)  The court may make an order under subsection (2) only if satisfied:

                     (a)  that:

                              (i)  for the complainant—the complainant prefers to give evidence in the courtroom; and

                             (ii)  for a similar act witness—the witness prefers to give evidence in the courtroom; or

                     (b)  if the order is not made:

                              (i)  the proceeding may be unreasonably delayed; or

                             (ii)  there is a substantial risk that the court will not be able to ensure that the proceeding is conducted fairly.

             (4)  While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.

             (5)  While the complainant or similar act witness is at the external place to give evidence:

                     (a)  the accused person must not be at the place; and

                     (b)  the witness must not be able to see or hear the accused person; and

                     (c)  the accused person must be able to see and hear the witness give evidence; and

                     (d)  the accused person must be able to communicate with the person’s lawyer.

169E  Recording evidence given in sexual offence proceedings

             (1)  If a complainant or similar act witness gives evidence in a sexual offence proceeding by audiovisual link under section 169D, the evidence must be recorded as an audiovisual recording.

             (2)  If a court makes an order under subsection 169D(2) in a sexual offence proceeding that evidence given by a complainant or similar act witness not be given by audiovisual link, the evidence may be recorded as an audiovisual recording.

169F  Consequential orders

             (1)  This section applies if a complainant or similar act witness is to give evidence in a proceeding by audiovisual link.

             (2)  The court may make any order it considers appropriate:

                     (a)  to ensure that the proceeding is conducted fairly; or

                     (b)  to allow the complainant or similar act witness to identify a person or thing; or

                     (c)  to allow the complainant or similar act witness to take part in a view or to watch a demonstration or experiment; or

                     (d)  to allow part of the proceeding to be heard somewhere other than in the courtroom.

             (3)  The court may make any other order it considers appropriate, including, for example, an order stating:

                     (a)  who may be with the complainant or similar act witness at the external place; or

                     (b)  who must not be with the complainant or similar act witness at the external place; or

                     (c)  who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the complainant or similar act witness and people in the external place with the complainant or similar act witness; or

                     (d)  who, in the courtroom, is to be able to see and hear the complainant or similar act witness and anyone else in the external place with the complainant or similar act witness; or

                     (e)  how the audiovisual link is to operate.

             (4)  The court may order that a person be excluded from the other place while the complainant or similar act witness is giving evidence.

             (5)  The court may direct that an order under this section apply only to a particular part of the proceeding.

169G  Making orders under this Subdivision

             (1)  The court may make an order under this Subdivision in a proceeding on its own initiative or on the application of:

                     (a)  a party to the proceeding; or

                     (b)  the complainant; or

                     (c)  a similar act witness.

             (2)  For the purpose of making an order under this Subdivision, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.

169H  Jury warning about inferences from complainant or similar act witness giving evidence by audiovisual link

             (1)  This section applies if:

                     (a)  a complainant or similar act witness gives evidence in a proceeding by audiovisual link; and

                     (b)  the proceeding is before a jury.

             (2)  The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the evidence of the complainant or similar act witness is given by audiovisual link.

Subdivision ESpecial provisions relating to retrials of sexual offence proceedings

170  Definitions

                   In this Subdivision:

accused person, in relation to any proceedings, means the person who stands, or any of the persons who stand, charged in those proceedings with a sexual offence.

complainant, in relation to any proceedings, means the person, or any of the persons, against whom a sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed.

original evidence of the complainant has the meaning given by subsection 170A(2).

original proceedings has the meaning given by subsection 170A(2).

prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject‑matter or context allows or requires) a lawyer representing the prosecutor.

170A  Admission of evidence of complainant in new trial proceedings

             (1)  If a person is convicted of a sexual offence and, on an appeal against the conviction, a new trial is ordered, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.

             (2)  For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the proceedings from which the conviction arose (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.

             (3)  Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:

                     (a)  the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and

                     (b)  the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and

                     (c)  the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.

             (4)  The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.

             (5)  The court hearing the new trial proceedings does not have any discretion to decline to admit a record of the original evidence of the complainant if it is admissible under this Subdivision.

             (6)  However, the court may give directions requiring a record of the original evidence of the complainant to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.

             (7)  In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her lawyer (if any).

             (8)  This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.

170B  Complainant not compellable to give further evidence

                   If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give any further evidence in the proceedings (despite anything to the contrary in this Act or the Evidence Act 2004), including for the purpose of any examination in chief, cross‑examination or re‑examination by or at the request of the accused person or his or her lawyer.

170C  Complainant may elect to give further evidence

             (1)  If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.

Note:          The evidence may need to be given by audiovisual link: see Subdivision D.

             (2)  The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:

                     (a)  to clarify any matters relating to the original evidence of the complainant; or

                     (b)  to canvas information or material that has become available since the original proceedings; or

                     (c)  in the interests of justice.

             (3)  The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.

             (4)  Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence. This applies despite section 170B.

170D  Form in which record of original evidence of complainant is to be tendered

             (1)  A record of the original evidence of the complainant tendered by the prosecutor under this Subdivision must be the best available record, or be comprised of the best available records, of the original evidence of the complainant, and the record or records concerned must be properly authenticated.

             (2)  For the purposes of this section, the best available record of the evidence, or any part of the evidence, given by a complainant is:

                     (a)  an audiovisual recording of the evidence; or

                     (b)  if an audiovisual recording of the evidence is not available—an audio recording of the evidence; or

                     (c)  if neither an audiovisual recording nor an audio recording of the evidence is available—a transcript of the evidence.

             (3)  If the whole or part of the evidence given by the complainant in the original proceedings was given in the form of a recording made by a police officer, as provided for by Subdivision C, the best available record of that evidence is the recording viewed or heard by the court in those original proceedings.

             (4)  A record of any evidence given by a complainant is properly authenticated for the purposes of this section if:

                     (a)  the record has been authenticated by the court before which the evidence concerned was given or by the registrar or other proper officer of that court in accordance with any directions of the court; or

                     (b)  the record has been authenticated by the person or body responsible for producing the record.

170E  Access to audiovisual or audio recording

             (1)  If a record of the original evidence of the complainant tendered or proposed to be tendered by the prosecutor under this Subdivision is an audiovisual recording or audio recording, the accused person, and his or her lawyer (if any), are not entitled to be given possession of the record or a copy of it (despite anything to the contrary in this Act or the Evidence Act 2004).

             (2)  However, the accused person and his or her lawyer (if any) are to be given reasonable access to the recording to enable them to listen to it and, if the record is an audio visual recording, view it.

             (3)  This may require access to be given on more than one occasion.

170F  Exhibits may also be tendered

             (1)  If a record of the original evidence of a complainant is tendered by the prosecutor under this Subdivision, any exhibits tendered in the original proceedings on the basis of the original evidence of the complainant and admitted in the original proceedings are also admissible in the new trial proceedings as if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.

             (2)  This section does not prevent any other exhibits tendered in the original proceedings from being tendered and admitted in the new trial proceedings in accordance with the usual rules and practice of the court hearing the new trial proceedings.

Subdivision FSpecial provisions relating to subsequent trials of sexual offence proceedings

Note:       Subdivision E applies in relation to a retrial of proceedings that follows an appeal against a conviction for a sexual offence. This Subdivision, on the other hand, applies when a trial for a sexual offence has been discontinued and a new trial is listed.

171  Definitions

                   In this Subdivision:

accused person has the same meaning as in section 170.

complainant has the same meaning as in section 170.

original evidence of the complainant has the meaning given by subsection 171A(2).

original proceedings has the meaning given by subsection 171A(2).

171A  Admission of evidence of complainant in new trial proceedings

             (1)  If the trial of an accused person is discontinued following the jury being discharged because the jurors could not reach a verdict, or discontinued for any other reason, and, as a result, a new trial is listed, the prosecutor may tender as evidence in the new trial proceedings a record of the original evidence of the complainant.

             (2)  For the purposes of this Subdivision, the original evidence of the complainant means all evidence given by the complainant in the discontinued trial (referred to in this Subdivision as the original proceedings), including the evidence given by the complainant on examination in chief in the original proceedings and any further evidence given on cross‑examination or re‑examination in those proceedings.

             (3)  Despite anything to the contrary in the Evidence Act 2004, or any other Act or law, a record of the original evidence of the complainant is admissible in the new trial proceedings if:

                     (a)  the prosecutor gives written notice to the accused person of the prosecutor’s intention to tender the record under this section; and

                     (b)  the prosecutor gives written notice to the court of the prosecutor’s intention to tender the record under this section; and

                     (c)  the notices referred to in paragraphs (a) and (b) are given no less than 21 days before the court commences hearing the new trial proceedings or within such other period as the court may allow.

             (4)  The hearsay rule (within the meaning of the Evidence Act 2004) does not prevent the admission of a record of the original evidence of the complainant under this Subdivision or the use of that record to prove the existence of a fact that the complainant intended to assert by a representation made in the original evidence.

             (5)  Despite subsection (3), the court hearing the new trial proceedings may decline to admit a record of the original evidence of the complainant if, in the court’s opinion, the accused would be unfairly disadvantaged by the admission of the record, having regard to the following:

                     (a)  the completeness of the original evidence, including whether the complainant has been cross‑examined on the evidence;

                     (b)  the effect of editing any inadmissible evidence from the original evidence;

                     (c)  the availability or willingness of the complainant to attend to give further evidence and to clarify any matters relating to the original evidence;

                     (d)  the interests of justice;

                     (e)  any other matter the court thinks relevant.

             (6)  If the court allows a record of the original evidence of the complainant to be admitted, the court may give directions requiring the record to be altered or edited for the purpose of removing any statements that would not be admissible if the original evidence of the complainant had been given orally before the court hearing the new trial proceedings in accordance with the usual rules and practice of the court.

             (7)  In addition, a record of the original evidence of the complainant may be altered or edited in accordance with an agreement between the prosecutor and the accused person or his or her counsel (if any).

             (8)  This Subdivision applies in respect of proceedings for a new trial in which a person stands charged with a sexual offence whether or not the person stands charged with that offence alone or together with any other offence (as an additional or alternative count) and whether or not the person is liable, on the charge, to be found guilty of any other offence.

171B  Whether complainant compellable to give further evidence

             (1)  If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further evidence:

                     (a)  to clarify any matters relating to the original evidence of the complainant; or

                     (b)  to canvas information or material that has become available since the original proceedings; or

                     (c)  in the interests of justice.

Note:          The evidence may need to be given by audiovisual link: see Subdivision D.

             (2)  Subsection (1) applies despite anything to the contrary in this Act or the Evidence Act 2004.

             (3)  The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the matters mentioned in subsection (1).

             (4)  Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.

171C  Complainant may elect to give further evidence

             (1)  If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.

Note:          The evidence may need to be given by audiovisual link: see Subdivision D.

             (2)  The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:

                     (a)  to clarify any matters relating to the original evidence of the complainant; or

                     (b)  to canvas information or material that has become available since the original proceedings; or

                     (c)  in the interests of justice.

             (3)  The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.

             (4)  Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.

171D  Application of provisions dealing with form of record of original evidence, access to recordings and exhibits

                   Sections 170D to 170F apply for the purposes of this Subdivision with such modifications as are necessary.

Division 3Evidence in domestic violence proceedings

Subdivision ADefinitions for this Division

172  Meaning of domestic violence offence for this Division

                   In this Division:

domestic violence offence has the meaning given by section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI).

Note:          Complainant, for a domestic violence offence proceeding, is an adult who is a relevant person in relation to the accused (see section 172B). For relevant person, see section 165A.

172A  Meaning of domestic violence offence proceeding for this Division

             (1)  In this Division:

domestic violence offence proceeding means:

                     (a)  a proceeding for a domestic violence offence; or

                     (b)  a proceeding in relation to bail for a person charged with a domestic violence offence, whether or not the person is also charged with any other offence; or

                     (c)  a sentencing proceeding for a person convicted or found guilty of a domestic violence offence, whether or not the person is also convicted or found guilty of any other offence; or

                     (d)  an appeal arising out of a proceeding mentioned in paragraphs (a) to (c); or

                     (e)  an interlocutory proceeding in, or a proceeding ancillary to, a proceeding mentioned in paragraphs (a) to (c).

             (2)  In this section:

proceeding for a domestic violence offence includes:

                     (a)  a proceeding for a domestic violence offence and any other offence; and

                     (b)  a proceeding for a domestic violence offence and any other offence as an alternative to the domestic violence offence; and

                     (c)  a proceeding for a domestic violence offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.

172B  Meaning of complainant for this Division

                   In this Division:

complainant, for a domestic violence offence proceeding:

                     (a)  means a person:

                              (i)  against whom a domestic violence offence the subject of the proceeding is alleged, or has been found, to have been committed; and

                             (ii)  who is a relevant person in relation to the accused person; but

                     (b)  does not include a person who:

                              (i)  is a child on the day a recorded statement is made; or

                             (ii)  is intellectually impaired.

Note 1:       For relevant person, see section 165A. For intellectually impaired, see section 165E.

Note 2:       Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.

172C  Meaning of recorded statement for this Division

             (1)  In this Division:

recorded statement means:

                     (a)  an audiovisual recording:

                              (i)  of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and

                             (ii)  made by a police officer; or

                     (b)  an audio recording that complies with paragraph (a):

                              (i)  if the complainant does not consent to an audiovisual recording; or

                             (ii)  in exceptional circumstances.

Note:          An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.

             (2)  A police officer must, before making a recorded statement, tell the complainant that:

                     (a)  the recorded statement may be used in evidence at a hearing; and

                     (b)  if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and

                     (c)  the complainant does not have to consent to the recording.

             (3)  In this section:

police officer includes a person who is a member of the police force of a State or another Territory if:

                     (a)  provisions of the law of that State or Territory correspond (or substantially correspond) to this Division; and

                     (b)  the person is trained in the taking of evidence under those provisions.

Subdivision BEvidence may be given in closed court

173  Evidence may be given in closed court

             (1)  This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant’s ability to give evidence because of the circumstances of the proceeding or the complainant’s circumstances.

Note:          The following are examples for this subsection:

(a)    the complainant is likely to suffer severe emotional trauma because of the nature of the alleged offence;

(b)    the complainant is intimidated or distressed because of the complainant’s relationship to the accused person.

             (2)  The court is not bound by the rules of evidence and may inform itself as it considers appropriate.

             (3)  The court may order that the court be closed to the public while all or part of the complainant’s evidence (including evidence given under cross‑examination) is given.

             (4)  In deciding whether to order that the court be closed to the public, the court must consider whether:

                     (a)  the complainant wants to give evidence in open court; and

                     (b)  it is in the interests of justice that the complainant give evidence in open court.

             (5)  However, an order under this section does not stop the following people from being in court when the complainant gives evidence:

                     (a)  a person nominated by the complainant;

                     (b)  a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.

Note:          Publishing certain information in relation to sexual offence proceedings is an offence (see section 167F).

             (6)  In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.

Subdivision CRecorded statement of police interview admissible as evidence: domestic violence offence proceedings

174  Recorded statement—requirements

             (1)  A recorded statement must be made:

                     (a)  as soon as practicable after the events mentioned in the statement happened; and

                     (b)  in the form of questions and answers.

Note:          If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.

             (2)  A recorded statement of a complainant must include the following:

                     (a)  the name of each person present during any part of the recording;

                     (b)  a statement by the complainant:

                              (i)  of the complainant’s name, age and whether the complainant lives in Norfolk Island; and

                             (ii)  about the truth of the representations made by the complainant in the recorded statement.

             (3)  As far as is practicable, a recorded statement must not contain an image of:

                     (a)  a child; or

                     (b)  a person who is intellectually impaired.

Note 1:       For intellectually impaired, see section 165E.

Note 2:       Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.

             (4)  If any part of a recorded statement is in a language other than English:

                     (a)  the recorded statement must contain an English translation of the part; or

                     (b)  a separate written English translation of the part must accompany the recorded statement.

             (5)  A recorded statement must not be edited or changed unless:

                     (a)  both parties consent to the edits or changes; or

                     (b)  the court hearing the proceeding in which the recorded statement is tendered otherwise orders.

Note:          For paragraph (b), a court might, for example, order that the recording be edited to omit inadmissible material.

174A  Recorded statement—may be admitted as evidence

             (1)  A recorded statement may:

                     (a)  be played at the hearing of a proceeding for the domestic violence offence to which it relates; and

                     (b)  if the recorded statement is played at the hearing—be admitted as all or part of the complainant’s evidence in chief in the proceeding as if the complainant gave the evidence at the hearing in person.

             (2)  However, the court may refuse to admit all or any part of the recorded statement if the court considers it is in the interests of justice to do so.

             (3)  The complainant may choose not to be present in the courtroom while the court is viewing or listening to the recorded statement.

             (4)  If the complainant is giving evidence by audiovisual link from an external place under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link) of Division 2, the complainant must not be visible or audible to anyone in the courtroom by closed‑circuit television or by means of similar technology while the court is viewing or listening to the recorded statement.

             (5)  To remove any doubt, if a recorded statement is admitted as part of a complainant’s evidence in chief in a proceeding, the complainant may give further evidence in chief.

             (6)  This section is subject to section 174F (recorded statement—admissibility).

174B  Recorded statement—hearsay rule and opinion rule

             (1)  The hearsay rule and the opinion rule do not prevent the admission or use of evidence of a representation in the form of a recorded statement only because it is in that form.

Note:          The hearsay rule and opinion rule will apply to the content of the recorded statement to be admitted as evidence.

             (2)  In this section:

hearsay rule has the same meaning as in the Evidence Act 2004.

opinion rule has the same meaning as in the Evidence Act 2004.

174C  Validity of proceeding not affected

             (1)  The failure of a police officer to record a representation in the form of a recorded statement in accordance with the requirements of this Subdivision does not affect the validity of a proceeding in which evidence of the representation is given.

             (2)  The failure of a complainant to give evidence in accordance with this Division does not affect the validity of a proceeding or any decision made in connection with the proceeding.

174D  Recorded statement—represented accused person to be given copy

             (1)  This section applies if:

                     (a)  a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and

                     (b)  the accused person is represented by a lawyer in the proceeding.

             (2)  The lawyer representing the accused person must be given a copy of the recorded statement as soon as practicable after the proceeding is commenced.

             (3)  The lawyer representing the accused person must return the copy of the recorded statement by giving it to the prosecutor not later than 16 weeks after the proceeding is finalised.

             (4)  The accused person must not be given, or take a copy of, the recorded statement.

174E  Recorded statement—unrepresented accused person to be given access

             (1)  This section applies if:

                     (a)  a recorded statement has been made in relation to a domestic violence offence that is the subject of a proceeding; and

                     (b)  the accused person is not represented by a lawyer in the proceeding.

             (2)  The accused person must be given an audio copy of the recorded statement as soon as practicable after the proceeding is commenced.

             (3)  Also, if it is reasonably practicable, the accused person must be given an opportunity to view a recorded statement that is in the form of a video recording at a police station on at least one of the following occasions:

                     (a)  when the accused person is being questioned in relation to the alleged domestic violence offence;

                     (b)  at the request of the accused person, on a day arranged with the accused person;

                     (c)  on another day stated in a written notice given to the accused person before committal proceedings or the trial commences.

             (4)  If compliance with subsection (3) is not reasonably practicable, the accused person must be given the opportunity to view the recorded statement on a day on which proceedings relating to the offence are being held.

174F  Recorded statement—admissibility

                   Evidence of a representation of a complainant given in the form of a recorded statement is not to be admitted if section 174D or 174E have not been complied with, unless the court is satisfied that:

                     (a)  the parties consent to the recorded statement being admitted; or

                     (b)  the accused person or the accused person’s lawyer (if any) have been given a reasonable opportunity to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement.

174G  Recorded statement—accused person to be given audio copy

             (1)  This section applies if:

                     (a)  the prosecutor in a domestic violence offence proceeding intends to tender a recorded statement as evidence; and

                     (b)  the court accepts a plea of not guilty from the accused person; and

                     (c)  the accused person has not already been given an audio copy of the recorded statement under section 174E (recorded statement—unrepresented accused person to be given access).

             (2)  The accused person must be given an audio copy of the recorded statement.

174H  Recorded statement—jury trial

             (1)  This section applies if:

                     (a)  a domestic violence offence proceeding is a trial by jury; and

                     (b)  a recorded statement is admitted in evidence in the proceeding.

             (2)  The court must tell the jury that:

                     (a)  admission of a recorded statement is a usual practice; and

                     (b)  the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.

             (3)  If the court considers that a transcript of the recorded statement would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.

174J  Recorded statement—offence to publish

             (1)  A person commits an offence if the person:

                     (a)  publishes a recorded statement; and

                     (b)  does not have authority to publish the recorded statement.

Penalty:  Imprisonment for 12 months or 60 penalty units, or both.

             (2)  For the purposes of this section, a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with:

                     (a)  the investigation of, or a proceeding for, an offence in relation to which the recorded statement is prepared; or

                     (b)  a re‑hearing, re‑trial or appeal in relation to the proceeding; or

                     (c)  a proceeding for the making, variation or revocation of an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:

                              (i)  the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and

                             (ii)  the defendant under that Act in relation to the order is the person against whom the domestic violence offence, the subject of the recorded statement, is alleged.

             (3)  In this section:

person includes the complainant in relation to the recorded statement.

publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information.

Subdivision DRecorded statement of police interview admissible as evidence: application for apprehended domestic violence order

175  Recorded statement—may be admitted as evidence in application for apprehended domestic violence order

             (1)  This section applies if a recorded statement is made in relation to an alleged domestic violence offence.

             (2)  The recorded statement may be admitted by the Court of Petty Sessions in proceedings for an application for an interim apprehended domestic violence order or an apprehended domestic violence order under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) if:

                     (a)  the protected person under that Act in relation to the order is the complainant in relation to the recorded statement; and

                     (b)  the defendant under that Act in relation to the order is the person against whom the domestic violence offence is alleged.

59H  Paragraph 177(2)(c)

After “convicted” (wherever occurring), insert “or found guilty”.

59K  Section 183 (paragraph (b) of the definition of criminal proceeding)

After “convicted”, insert “or found guilty”.

59M  Section 183 (note to the definition of harm)

Repeal the note.

59P  Subsections 184(4), 186(2) and 187(3) (note)

Repeal the note.

59S  Division 7 of Chapter 7

Repeal the Division.

59X  Subsection 215(3)

Repeal the subsection.

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”.

63A  Subsections 6(3), (4), (5), (6), (7) and (8)

Omit “Minister”, substitute “Chief Executive Officer”.

63B  Paragraphs 8(1)(b) and (c)

After “Minister”, insert “and the Chief Executive Officer”.

63C  Subsection 8(5)

Omit “Minister”, substitute “Chief Executive Officer”.

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 Act 1936 (Norfolk Island)

70A  Section 3 (definition of approved)

Omit “Minister”, substitute “Chief Executive Officer”.

70B  Section 4

Omit “Minister may”, substitute “Chief Executive Officer may, by written instrument,”.

70BA  Subsections 5(2) and 5C(2)

Omit “prescribed fee”, substitute “approved fee”.

70BB  Subsection 11(2)

Omit “a fee of .50 fee units”, substitute “the approved fee,”.

70C  Subsections 12A(1), (2) and (3) and 17A(2) and (6)

Omit “Minister”, substitute “Chief Executive Officer”.

Dogs Registration Regulations 1994 (Norfolk Island)

70D  Regulation 2

Repeal the regulation.

71  Subregulation 3(1)

Omit “(1)”.

71A  Subregulation 3(1)

Omit “Minister”, substitute “Chief Executive Officer”.

72  Subregulation 3(2)

Repeal the subregulation.

Electricity (Licensing and Registration) Act 1985 (Norfolk Island)

72AA  Subsections 9(2) and 10(3)

Omit “prescribed fee”, substitute “approved fee”.

72AB  Subsection 22(2)

Omit all the words from and including “prescribe” to and including “penalties”, substitute “prescribe penalties”.

72A  Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer

 

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 9(1), (2) and (4), 10(1) and (3) and 11(1)

Minister

Chief Executive Officer

2

Section 13

Minister

Chief Executive Officer

3

Subsections 14(1), (2) and (3), 16(1), 20(1), (2) and (3) and 21(1)

Minister

Chief Executive Officer

Electricity (Licensing and Registration) Regulations 1986 (Norfolk Island)

72AAA  Regulation 4

Repeal the regulation.

72AAB  Subregulation 5(2)

Omit “prescribed fee”, substitute “approved fee”.

72AAC  Schedule 2

Repeal the Schedule.

Electricity Supply Act 1985 (Norfolk Island)

72AAD  Paragraph 11(3)(b)

Omit “prescribed fee”, substitute “approved fee”.

72AAE  Subsection 11(3A)

Omit “for electricity charges”, substitute “in respect of an approved fee for the supply of electricity”.

72AAF  Subsection 14(1)

Omit “prescribed rental fee”, substitute “approved fee”.

72AAG  Section 21

Repeal the section, substitute:

21  Approved fee for supply of electricity

             (1)  The approved fees are payable in relation to the supply of electricity.

             (2)  As soon as practicable after the day (the new fee day) a person becomes liable to pay a new approved fee in an amount different from the previous approved fee, a special reading of the person’s meter must be carried out to work out how much electricity was supplied to the person during the period between the day the meter was last read and the new fee day (unless the meter was required to be read for another provision of this Act).

72AAH  Section 23 (heading)

Repeal the heading, substitute:

23  Liability for approved fee

72AAI  Subsection 23(5)

Omit “charges”, substitute “approved fees”.

72AAJ  Subsection 28(2)

After “may prescribe”, insert “the following”.

72AAK  Paragraph 28(2)(d)

Omit “charges”, substitute “approved fee”.

72AAL  Paragraph 28(2)(e)

Omit “a minimum charge”, substitute “an approved fee”.

72AAM  Paragraph 28(2)(k)

Omit “charges”, substitute “approved fees”.

72AAN  Paragraph 28(2)(m)

Repeal the paragraph.

72B  Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer

 

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 6(1), (2) and (3), 8(1), (3) and (4), 10(1) and 11(1)

Minister

Chief Executive Officer

2

Paragraph 11(3)(c)

Minister

Chief Executive Officer

3

Subsections 11(3A) and (4), 11A(2) and (3) and 15(1) and (2)

Minister

Chief Executive Officer

4

Paragraph 15(3)(d)

Minister

Chief Executive Officer

5

Subsections 15(4), 16(1) and (2), 21(1), (2), (3) and (6), 23(1), (3) and (4), 24(3) and 27(1)

Minister

Chief Executive Officer

Electricity Supply Regulations 1986 (Norfolk Island)

72BA  Paragraph 33(1)(a)

Omit “minimum charge”, substitute “approved fee for the charging period”.

72BB  Paragraph 33(1)(b)

Repeal the paragraph, substitute:

                     (b)  the approved fee per unit of electricity measured by the meter referred to in section 14 of the Act;

72BC  Subregulation 34(1)

Omit “prescribed fee”, substitute “approved fee”.

72BD  Subparagraph 34A(1)(b)(ii)

Omit “prescribed fees”, substitute “approved fees”.

72BE  Subregulation 34A(3)

Omit “charges”, substitute “approved fees”.

72BF  Subregulation 34A(5)

Repeal the subregulation, substitute:

             (5)  The approved fee for reading the meter recording the supply of power into the supply mains is payable by the consumer, and may not be offset against any amount payable to the consumer by the Administration.

72BG  Regulation 35

Repeal the regulation.

72BH  Schedule 1

Repeal the Schedule.

72C  Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer

 

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraphs 13(5)(a) and (b) and 34A(1)(b)

Minister

Chief Executive Officer

2

Subregulation 34A(2)

Minister

Chief Executive Officer

3

Schedule 1 (item 12 of the table)

Minister

Chief Executive Officer

4

Schedule 2 (Form 3)

Minister

Chief Executive Officer

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”.

75A  Subsection 57(1)

Omit “Minister”, substitute “Chief Executive Officer”.

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.

76KA  Paragraph 108(2)(c)

Repeal the paragraph.

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  Section 8 (definitions of Board and Chairman)

Repeal the definitions.

79  Section 8

Insert:

executive member means the Chief Executive Officer (despite section 43 of, and subclause 5(1) of Schedule 1 to, the Interpretation Act 1979).

80  Section 8 (definitions of member and Secretary)

Repeal the definitions.

81  Part 2

Repeal the Part.

82  Subsection 23(5)

Omit “In spite of section 36 of the Interpretation Act 1979, an”, substitute “An”.

82AA  Subsection 24(3)

Omit “fee, if any, prescribed”, substitute “approved fee (if any)”.

82A  Paragraph 25(4)(b)

Omit “Board”, substitute “executive member”.

82B  Paragraphs 25(4)(c) and (d)

Repeal the paragraphs, substitute:

                     (c)  must then be considered by the executive member, who must approve, or refuse to approve, the application.

82C  Paragraphs 25(5)(a) and (b)

Omit “Board” (wherever occurring), substitute “executive member”.

82D  Subparagraphs 25(5)(b)(i) and (ii)

Omit “meeting”, substitute “hearing”.

82E  Paragraphs 25(5)(c) and (d)

Repeal the paragraphs, substitute:

                     (c)  is, at or after that hearing, to be considered by the executive member, who must approve, or refuse to approve, the application.

82F  Subsection 25(6) (definition of simple application)

Omit “consideration by the Board”, substitute “an invitation for public comment or a public hearing”.

83  Subsection 26(1)

Omit “Board or” (wherever occurring).

84  Subsection 26(1)

Omit “Legislative Assembly”, substitute “Commonwealth Minister”.

85  Subsection 26(2)

Repeal the subsection, substitute:

             (2)  If the Commonwealth Minister is satisfied (because of a proposal by the executive member 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”.

86A  Subsection 27(7)

Omit “, the Board”.

86B  Subsection 28(1)

Omit “(1) As”, substitute “As”.

86C  Subsection 28(2)

Repeal the subsection.

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.

88A  Subsection 33(3)

Omit “fee, if any, prescribed for development applications of that kind”, substitute “approved fee (if any) for applications of that kind”.

88B  Subsection 98(3)

Omit “prescribed fee”, substitute “approved fee”.

88C  Subsection 104(3)

Repeal the subsection.

88D  Subsection 110(3)

Repeal the subsection.

88E  Paragraph 128(1)(c)

Omit “under 6”, substitute “under Part 6”.

88K  Subsection 134(1)

Omit “(1)”.

88L  Subsection 134(2)

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”.

97AAA  Paragraph 19(a)

Omit “Part III or IIIA of the Criminal Law Act 1960”, substitute “Part 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.9 or 3.10 of the Criminal Code 2007”.

97AAB  Paragraph 19(b)

Omit “section 12 of the Child Welfare Act 1937”, substitute “section 174 or 175 of the Child Welfare Act 2009”.

97AAC  Paragraph 19(c)

Repeal the paragraph, substitute:

                     (c)  a domestic violence offence (as defined in section 11 of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)).

97AAH  Subsection 181AR(2) (note)

Omit “Part 7 of the Crimes Act 1900 (NSW) as applied by the Criminal Law Act 1960”, substitute “Chapter 7 of the Criminal Code 2007”.

97AAL  Section 181R (definition of Crimes Act)

Repeal the definition.

97AAM  Section 181R (definition of prescribed sexual offence)

Repeal the definition, substitute:

prescribed sexual offence means:

                     (a)  an offence against Part 3.6 of the Criminal Code 2007; or

                     (b)  if a person charged with an offence (the offence charged) is alleged, as an element of that offence, to have intended to commit an offence against Part 3.6 of the Criminal Code 2007—the offence charged.

Fair Trading Act 1995 (Norfolk Island)

97AAN  Subsections 30(1) and 31(1) and (2)

Omit “Minister”, substitute “Chief Executive Officer”.

Fencing Act 1913 (Norfolk Island)

97AANA  Section 5

Omit “A fee of 2 units”, substitute “The approved fee”.

97AANB  Section 7

Omit “a fee of 0.50 fee unit”, substitute “the approved fee”.

97AANC  Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer

 

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Paragraph 2(2)(b)

Minister

Chief Executive Officer

2

Section 4

Minister

Chief Executive Officer

3

Subsections 12(1), (2) and (3)

Minister

Chief Executive Officer

Firearms and Prohibited Weapons Act 1997 (Norfolk Island)

97AAO  Subsection 16(3) (table items 7 and 8)

Repeal the items, substitute:

 

7

Interim apprehended violence order

Either:

(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or

(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a).

8

Final apprehended violence order

In the last 5 years, either:

(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or

(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);

unless an appeal against the making of the order was upheld.

97AAP  Subsection 21(1A)

Omit “if the person becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the person is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.

97AAQ  Paragraph 22(1)(a)

Repeal the paragraph, substitute:

                     (a)  if a final apprehended violence order comes into force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or

97AAR  Subsection 26A(3) (table items 3 and 4)

Repeal the items, substitute:

 

3

Firearms permit—interim apprehended violence order

In the case of a firearms permit (except a visiting sporting shooter permit), either:

(a) an interim apprehended violence order is in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or

(b) the person is the subject of an order under the law of a State or another Territory of the Commonwealth that has substantially the same effect as an order referred to in paragraph (a).

4

Firearms permit—final apprehended violence order

In the case of a firearms permit (except a visiting sporting shooter permit), in the last 5 years either:

(a) a final apprehended violence order was in force against the person under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or

(b) the person was the subject of an order under the law of a State or another Territory of the Commonwealth that had substantially the same effect as an order referred to in paragraph (a);

unless an appeal against the making of the order was upheld.

97AAS  Subsection 26D(2)

Omit “if the holder becomes subject to an interim protection order under the Domestic Violence Act 1995”, substitute “while an interim apprehended violence order against the holder is in force under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI)”.

97AAT  Paragraph 26E(1)(a)

Repeal the paragraph, substitute:

                     (a)  if a final apprehended violence order comes into force against the holder under the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI); or

97AAX  After subsection 45D(1)

Insert:

          (1A)  The Administrator must refuse to issue a permit to a person who is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit.

97AAY  After subsection 45D(5)

Insert:

          (5A)  The Administrator must, by written notice given to a person who:

                     (a)  has been issued a permit; and

                     (b)  is disqualified by subsection 98ZJ(1) of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) (NI) from holding such a permit;

cancel the permit.

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”.

Fire Control Act 2000 (Norfolk Island)

97C  Section 5 (definition of approved)

Repeal the definition.

97D  Section 5 (definition of authorised person)

Omit “Minister”, substitute “Chief Executive Officer”.

97E  Section 5

Repeal the following definitions:

                     (a)  definition of Board;

                     (b)  definition of Chairperson;

                     (c)  definition of member.

97F  Part 2 (heading)

Repeal the heading, substitute:

Part 2Chief Fire Control Officer, Fire Control Officers and authorised persons

97G  Sections 6 to 13

Repeal the sections.

97H  Subsections 14(1) and 16(1)

Omit “Minister may”, substitute “Chief Executive Officer may, by written instrument,”.

97J  Subsection 16(1)

Omit “Minister thinks”, substitute “Chief Executive Officer thinks”.

97K  Subsections 16(3) and (4)

Omit “Minister”, substitute “Chief Executive Officer”.

97L  Section 17

Omit “Minister may”, substitute “Chief Executive Officer may, by written instrument,”.

97M  Subsection 18(1)

Omit “Minister”, substitute “Chief Executive Officer”.

Fuel Levy Act 1987 (Norfolk Island)

97N  Subsection 8(1)

Omit “20 cents”, substitute “25 cents”.

97P  At the end of subsection 8(1)

Add:

Note:          This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.

97Q  Subsection 10(1)

Omit “10 cents”, substitute “25 cents”.

97R  At the end of subsection 10(1)

Add:

Note:          This subsection was amended by the operation of the Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018. The amendment applies from 1 October 2018: see Division 16 of Part 2 of Schedule 1 to the Norfolk Island Continued Laws Ordinance 2015.

97S  Subsection 16(3) (penalty)

Repeal the penalty, substitute:

Penalty:  50 penalty units.

98  Section 22

Repeal the section.

98A  Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer

 

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (2), (3), (4), (5) and (7), 6(1), (2), (3), (4) and (6) and 7(1), (2), (3), (5) and (6)

Minister

Chief Executive Officer

2

Paragraphs 9(3)(a) and (e)

Minister

Chief Executive Officer

3

Subsection 9(4)

Minister

Chief Executive Officer

4

Section 11

Minister

Chief Executive Officer

5

Subsections 14(1) and (2), 15(2), 17(1) and 19(1)

Minister

Chief Executive Officer

6

Schedule

Minister

Chief Executive Officer

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 2Interactive home gaming

99B  Division 1 of Part 2 (heading)

Repeal the heading, substitute:

Division 1Prohibition 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 3Authorised 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.

107A  Paragraph 25(1)(l)

Omit “birds; and”, substitute “birds.”.

107B  Paragraph 25(1)(m)

Repeal the paragraph.

107C  At the end of section 25

Add:

             (5)  Approved fees are payable in respect of services provided under the Regulations, including services in relation to applications for approvals and registrations.

108  Schedules 1 to 4

Repeal the Schedules.

Health (Hairdressers) Regulations (Norfolk Island)

108A  Paragraph 6(1)(d)

Omit “a fee of $1”, substitute “the approved fee”.

Heritage Act 2002 (Norfolk Island)

109  Section 5 (definition of Board)

Repeal the definition, substitute:

Board means the Norfolk Island Regional Council.

110AA  Section 5 (definition of Chief Executive Officer)

Repeal the definition.

110  Subsection 7(3)

Repeal the subsection.

111  Section 10

Repeal the section.

112  Division 2 of Part 3

Repeal the Division, substitute:

Division 2Consulting heritage advisers

26  Heritage adviser may be consulted

             (1)  The Board may request advice from a heritage adviser for the purposes of considering and making recommendations on any of the following matters:

                     (a)  the Heritage Register;

                     (b)  a heritage proposal;

                     (c)  development applications made under the Planning Act 2002 in relation to objects and places listed in the Heritage Register;

                     (d)  heritage conservation on Norfolk Island;

                     (e)  the application of money from a heritage conservation fund in furtherance of the objects of this Act.

             (2)  Subsection (1) does not limit when the Board may request advice.

Heritage Regulations 2003 (Norfolk Island)

113  Regulation 3 (definition of chairperson)

Repeal the definition.

114  Regulation 3 (definition of member)

Repeal the definition.

115  Subregulation 6(2)

Repeal the subregulation.

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) (definition of appoint)

Repeal the definition.

159AA  Subsection 12(2)

Insert:

approved fee has the same meaning as in the Local Government Act 1993 (NSW) (NI).

159AB  Subsection 12(2) (definition of calendar year)

Repeal the definition.

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).

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.

12F  Delegation by Norfolk Island Regional Council

                   The Norfolk Island Regional Council may, by resolution, delegate all or any of its functions, duties or powers under an enactment to the Chief Executive Officer.

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.

12G  Delegation by Chief Executive Officer

             (1)  The Chief Executive Officer may, in writing, delegate to a public sector employee all or any of the Chief Executive Officer’s functions, duties or powers under an enactment.

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)  The Chief Executive Officer may, in writing, subdelegate to a public sector employee a function, duty or power delegated under section 12F to the Chief Executive Officer by the Norfolk Island Regional Council.

             (3)  Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 of the Commonwealth apply in relation to a subdelegation under subsection (2) in a corresponding way to the way in which they apply to a delegation.

             (4)  Before delegating or subdelegating a function, duty or power to a public sector employee under subsection (1) or (2), the Chief Executive Officer must have regard to:

                     (a)  if the function, duty or power is to be delegated or subdelegated to a public sector employee holding, occupying, or performing the duties of, a specified office or position—whether the office or position is sufficiently senior for the employee to perform the function or duty or exercise the power; or

                     (b)  otherwise—whether the employee has appropriate qualifications or expertise to perform the function or duty or exercise the power.

             (5)  In doing anything under a delegation or subdelegation under this section, the delegate must comply with any directions of the Chief Executive Officer.

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 1Administration of enactments at and after the interim transition time

Note:       See section 43.

Part 1Introduction

  

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 2Commonwealth Minister’s roles

Division 1Commonwealth Minister’s roles

Subdivision AGeneral 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 BExceptions 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 2Delegation 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 Administration Fees Act 1996 (Norfolk Island)

190H  Subsection 3(1) (definition of approved form)

Omit “Minister”, substitute “Chief Executive Officer”.

190J  Subsection 4(7)

Repeal the subsection.

190K  Section 5

Omit “Minister”, substitute “Chief Executive Officer”.

190L  Section 6B

Repeal the section, substitute:

6B  Registration fee

                   The approved fees are payable in respect of the registration of instruments under this Act, other than instruments referred to in the following provisions:

                     (a)  subsection 4(1);

                     (b)  paragraphs 6(a) to (e).

Note:          Approved fees are determined by the Norfolk Island Regional Council under Part 10 of Chapter 15 of the Local Government Act 1993 (NSW) (NI).

190M  Subsection 7(1)

Repeal the subsection, substitute:

             (1)  A person may apply to the Chief Executive Officer for exemption from the fee payable under section 4.

190N  Subsection 7(3)

Omit “Minister”, substitute “Chief Executive Officer”.

190P  Subsections 7(3A) and (4)

Repeal the subsections.

190Q  Section 8A

Repeal the section.

190R  Subsection 9(2)

Omit “the Planning Act 1996 and”.

Land Administration Fees Regulations 1997 (Norfolk Island)

190RA  Regulation 2 (definitions of Land Titles Act and Register)

Repeal the definitions.

190RB  Regulations 3, 4 and 5

Repeal the regulations.

Land Titles Act 1996 (Norfolk Island)

190RC  Subsection 3(1) (definition of approved form)

Omit “Minister”, substitute “Chief Executive Officer”.

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”.

190V  Section 30

Omit “fee prescribed under the Land Administration Fees Act 1996”, substitute “approved fee”.

190W  At the end of section 49

Add “The Registrar may only register the subdivision proposal on payment of the approved fee (if any) for the registration.”.

191  Subsection 55B(3)

Omit “a disallowable”, substitute “an”.

191A  Paragraph 133(2)(g)

Omit “fee prescribed under the Land Administration Fees Act 1996”, substitute “approved fee”.

191B  Section 148

Omit “fee prescribed under the Land Administration Fees Act 1996”, substitute “approved fee”.

Land Valuation Act 2012 (Norfolk Island)

191C  At the end of subsection 23(1)

Add “However, the valuer‑general is not required to make available the owner’s name and address for service under this Act.”.

191D  Subsection 24(1)

After “Valuation roll information”, insert “(except for the owner’s name and address for service under this Act)”.

191E  Subsection 24(2)

Omit “section 38(1)”, substitute “section 25(1)”.

191F  Subsection 24(2) (note)

Repeal the note.

191G  Subsection 25(1)

After “after making a valuation”, insert “mentioned in paragraph 21(a) or (b)”.

191H  Section 28 (heading)

Omit “division one”, substitute “this Part”.

191J  Section 28

Omit “This division”, substitute “This Part”.

191K  Paragraph 39(1)(c)

Repeal the paragraph, substitute:

                     (c)  the Registrar of Titles has amended the valuation roll to record the change of ownership.

191L  Paragraph 45(1)(c)

Repeal the paragraph.

191M  Subsection 45(3) (definition of relevant amount)

Repeal the definition.

191N  Part 3 of Chapter 3

Repeal the Part.

191P  Subsection 64(1)

Repeal the subsection.

191Q  Subsection 64(2)

After “the objector”, insert “for an objection”.

191R  Section 65

Repeal the section.

191S  Paragraph 67(2)(a)

Repeal the paragraph, substitute:

                     (a)  whether or not the information is the subject of an invitation under section 64(2); and

191T  Paragraph 77(1)(c)

Before “the valuation”, insert “if the objection stated a particular valuation that the objector sought—“.

192  Subsection 84(3) (note 1)

Repeal the note.

193  Subsection 84(3) (note 2)

Omit “2.”, substitute “Note:”.

193AA  Section 101

After “a particular valuation”, insert “, except for the owner’s name and address for service under this Act,”.

193AB  Subsection 103(1)

Repeal the subsection.

193AC  Subsection 106(5) (definition of change‑of‑ownership information)

Omit “from the most recent ownership change notice for”, substitute “about the most recent change of ownership of”.

193AD  Subsection 110(1)

Omit “(1)”.

193AE  Subsection 110(2)

Repeal the subsection.

193AF  Subsection 122(4)

Repeal the subsection.

193AG  Subsection 128(4)

Omit “and remains in the vicinity of the place”.

193AH  After paragraph 136(1)(a)

Insert:

                           (aa)  the Registrar of Lands appointed under subsection 2(1) of the Conveyancing Act 1913 (including a person acting in that office);

193AI  Part 2 of Chapter 8

Repeal the Part.

193AJ  Subparagraph 150(1)(b)(i)

Repeal the subparagraph.

193AK  Paragraph 150(3)(b)

Omit “the relevant protected person or”.

193AL  Schedule (definition of chairperson)

Repeal the definition.

193AM  Schedule (clause 2 of the definition of objection)

Repeal the clause.

193AN  Schedule (definitions of objection conference, ownership change notice and party)

Repeal the definitions.

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

Repeal the following definitions:

                     (a)  definition of Committee;

                     (b)  definition of member;

                     (c)  definition of Public Service.

195  Subsection 3(2)

Repeal the subsection.

195A  Part 2

Repeal the Part.

195B  Subsection 13(3)

Omit “or the Committee” (wherever occurring).

196  Subsection 14(1)

Omit “(1)”.

197  Subsection 14(2)

Repeal the subsection.

197A  Subsections 16(1) and (3)

Repeal the subsections.

197AA  Subsection 16(4)

Omit “also”.

197AB  Subsection 16(6)

Omit all the words after “include”, substitute “a short statement of reasons for the decision, setting out the findings on material questions of fact and referring to the evidence or other material on which those findings were based”.

197AC  Subsection 16(7)

Repeal the subsection.

197AD  Subsection 17(1)

Omit all the words after “request that”, substitute “the Minister reconsider the Minister’s decision”.

197AE  Subsection 17(3)

Omit “Committee or the Minister, as the case may be,”, substitute “Minister”.

197AF  Section 27 (heading)

Repeal the heading, substitute:

27  Immunity

197AG  Section 27

Omit “who is or has been a member of the Committee in relation to an Act done”, substitute “in relation to an act done”.

197AH  Subsection 28(1)

Omit “a member of the Committee, or”.

197AI  Subsection 28(2)

Omit “A member of the Committee or an”, substitute “An”.

197AJ  Subsection 28(3)

Repeal the subsection.

197AK  Paragraph 29(1)(b)

Omit “or the Committee”.

197AL  Section 31

Repeal the section.

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.

Lighterage Act 1961 (Norfolk Island)

199AA  Section 5

Repeal the section, substitute:

5  Approved fees for Lighterage Services

                   Approved fees are payable in relation to the operations of the Lighterage Service.

199A  Subsection 8(1)

Omit “Administration, the Administrator or a Minister”, substitute “Norfolk Island Regional Council, the Commonwealth Minister, the Commonwealth or the Chief Executive Officer”.

199B  Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer

 

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 4(1) and (2)

Minister

Chief Executive Officer

2

Section 6

Minister

Chief Executive Officer

3

Subsections 11A(1) and (2)

Minister

Chief Executive Officer

Liquor Act 2005 (Norfolk Island)

199C  Subsection 4(1)

Insert:

aircraft includes aeroplanes, seaplanes, airships, balloons and any other means of aerial locomotion.

199D  Subsection 4(1) (definition of approved form)

Repeal the definition, substitute:

approved form means a form approved by the Registrar.

200AB  Subsection 4(1) (definitions of Board and member)

Repeal the definitions.

200AC  Subsection 4(1)

Insert:

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”.

200AAA  Subsection 4(1) (definition of Registrar)

Omit “the Liquor Licensing Board”, substitute “Liquor Licences”.

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.

200B  Section 6

Repeal the section.

200C  Section 7 (heading)

Repeal the heading, substitute:

7  Standards

200D  Subsection 7(1)

Repeal the subsection.

200E  Subsection 7(2)

Omit “(2) The Board may with the approval of the Minister”, substitute “The Chief Executive Officer may”.

200F  Sections 8 to 12

Repeal the sections.

200G  Section 13 (heading)

Repeal the heading, substitute:

13  Registrar of Liquor Licences

200H  Subsection 13(1)

Omit “the Board”, substitute “Liquor Licences”.

200J  Paragraph 13(2)(b)

Omit “Board”, substitute “Chief Executive Officer”.

200K  Paragraph 13(2)(e)

Repeal the paragraph.

200L  Paragraph 13(2)(f)

Omit all the words after “functions”, substitute “for the purposes of the Act as are directed by the Chief Executive Officer”.

200LA  Paragraph 17(2)(a)

Omit “prescribed fee”, substitute “approved fee”.

200M  Section 18 (heading)

Omit “Inspector’s report for”, substitute “Report on”.

200N  Subsection 18(1)

After “chief inspector”, insert “or an inspector”.

200P  Subsection 18(2)

After “chief inspector”, insert “or inspector (as the case may be)”.

200Q  Subsection 18(3)

Omit “of the chief inspector”.

201  Subsection 25(1)

Omit “disallowable”.

201A  At the end of subsection 26(1)

Add:

               ; or (c)  an inspector.

201AA  Subsection 26(3)

Omit “prescribed fee”, substitute “approved fee”.

201B  Subsection 26(4)

Omit “inspector”, substitute “chief inspector or an inspector”.

201C  Section 27 (heading)

After “chief inspector”, insert “or inspector”.

201D  Section 27

After “chief inspector”, insert “or an inspector”.

201E  Paragraph 27(c)

Omit “inspector”, insert “applicant for the variation”.

201EA  Subsection 28(2)

Omit “prescribed fee”, substitute “approved fee”.

201EB  Paragraph 29(3)(a)

Omit “prescribed fee”, substitute “approved fee”.

201F  Section 30 (heading)

After “Chief inspector’s report”, insert “Report on application”.

201G  Subsection 30(1)

After “chief inspector”, insert “or an inspector”.

201H  Subsection 30(2)

After “chief inspector”, insert “or inspector (as the case may be)”.

201J  Subsections 30(3) and (4)

Omit “of the chief inspector”.

201JA  Subsection 31(2)

Omit “prescribed fee”, substitute “approved fee”.

201K  Subsection 32(1)

Omit “chief inspector may apply to the Board for an order suspending or cancelling a licence if the chief inspector”, substitute “chief inspector or an inspector may apply to the Chief Executive Officer for an order suspending or cancelling a licence if the applicant for the order”.

201L  Paragraph 32(3)(c)

Omit “inspector”, substitute “applicant for the order”.

201M  Subsection 34(1)

After “chief inspector” (first occurring), insert “or an inspector”.

201N  Subsection 34(1)

After “chief inspector” (second occurring), insert “or inspector (as the case may be)”.

201P  Paragraph 34(3)(c)

Omit “inspector”, substitute “applicant for the order”.

201Q  Subsection 38(1)

Omit “section 39”, substitute “section 37”.

201QA  Paragraph 38(2)(b)

Repeal the paragraph, substitute:

                     (b)  for an application that is not made by a member of the Police Force—accompanied by the approved fee.

201R  Division 1 of Part 4 (heading)

Omit “Hearing procedures”, substitute “Inspection of premises”.

201S  Sections 39 to 43

Repeal the sections.

201T  Subsection 44(1)

Repeal the subsection, substitute:

             (1)  If the Chief Executive Officer thinks it desirable for the purposes of the consideration of an application, the Chief Executive Officer may enter and inspect any premises.

          (1A)  The chief inspector or an inspector may enter and inspect any premises for the purposes of preparing a report under this Act.

201U  Subsections 44(2) and (3)

After “subsection 44(1)”, insert “or (1A)”.

202  Subparagraph 45(1)(aa)(iii)

Omit “disallowable”.

202AA  Paragraph 45(6)(d)

Omit “section 32 from the chief inspector”, substitute “subsection 18(2)”.

202AB  Paragraph 45(6)(e)

Omit “section 32 to the report of the chief inspector”, substitute “subsection 18(4) to the report”.

202AC  Paragraphs 48(2)(d) and (e)

Omit “from the chief inspector”.

202AD  Paragraph 50(1)(a)

Omit “at an annual meeting”, substitute “before 1 July in a year”.

202AE  Paragraph 50(1)(b)

Omit “at a special meeting”, substitute “on or after 1 July in a year”.

202AEA  Paragraph 55(2)(b)

Omit “prescribed fee”, substitute “approved fee”.

202AF  Subsection 56(1)

After “chief inspector”, insert “or an inspector”.

202AG  Subsection 56(2)

After “chief inspector”, insert “or inspector (as the case may be)”.

202AH  Subsection 56(3)

Omit “from the chief inspector”.

202AI  Subsection 56(4)

Omit “of the chief inspector”.

202AJ  Paragraphs 57(e) and (f)

Omit “of the chief inspector”.

202AJA  Subsection 60(5)

Omit “prescribed fee”, substitute “approved fee”.

202AJB  Subsection 63(2)

Omit “(including different fees for different class of permit)”.

202AK  Subsection 64(2)

After “chief inspector”, insert “or an inspector”.

202AL  Subsection 64(3)

Omit “of the chief inspector and the prescribed fee”, substitute “mentioned in subsection (2) and the approved fee”.

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  Subsection 98(2) (paragraphs (c) to (e) of the definition of official)

Repeal the paragraphs, substitute:

                     (d)  the Registrar;

                     (e)  a public servant;

202DAA  Subsection 99(5)

Omit “fees for the purposes of this Act, and”.

202DA  Amendments of listed provisions—substituting references to Board with references to Chief Executive Officer

 

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 4(1) (definitions of approved and approved form)

Board

Chief Executive Officer

2

Subsections 16(1) and (3), 17(1), 18(4) and 19(1)

Board

Chief Executive Officer

3

Paragraphs 19(2)(e) and 20(3)(e)

Board

Chief Executive Officer

4

Subsection 20(4)

Board

Chief Executive Officer

5

Paragraph 22(1)(c)

Board

Chief Executive Officer

6

Subsection 26(1)

Board

Chief Executive Officer

7

Section 27

Board

Chief Executive Officer

8

Subsections 28(1), 29(1), 30(4), 31(1), 33(1), 34(1), 36(1) and (2), 45(1), (2), (3), (4), (5) and (6), 46(1) and (2), 47(1) and (2), 48(1) and (2) and 49(1) and (2)

Board

Chief Executive Officer

9

Division 3 of Part 4 (heading)

Board

Chief Executive Officer

10

Subsections 50(1), (2) and (3), 51(1), (2) and (3), 52(1), (2) and (3) and 53(1) and (2)

Board

Chief Executive Officer

11

Section 54

Board

Chief Executive Officer

12

Subsection 55(1)

Board

Chief Executive Officer

13

Sections 57 and 58

Board

Chief Executive Officer

14

Subsections 60(2), (3), (4), (5) and (7) and 61(1)

Board

Chief Executive Officer

15

Sections 88 and 96

Board

Chief Executive Officer

16

Subparagraph 97(2)(a)(iii)

Board

Chief Executive Officer

Liquor Regulations 2006 (Norfolk Island)

202DAAA  Regulation 2

Omit “and a reference to forms is a reference to a form in the Schedule”.

202DAB  Part 2

Repeal the Part.

202DAC  Regulation 14

Omit “form of form 3”, substitute “approved form”.

202DB  Subregulation 15(4) (note)

Omit “inspector to ensure adequate measure”, substitute “chief inspector or an inspector to ensure adequate measures”.

202DC  Paragraph 21(c)

Omit “Inspector or police” (first occurring), substitute “chief inspector, an inspector or a member of the Police Force”.

202DD  Paragraph 21(c)

Omit “Inspector or police” (second occurring), substitute “chief inspector, inspector or a member of the Police Force”.

202DDA  Regulation 22

Repeal the regulation.

202DE  Schedule

Repeal the Schedule.

202DG  Amendments of listed provisions—substituting references to Board with references to Chief Executive Officer

 

Substituting references to Board with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subregulations 13(1), (2), (3), (4), (5), (6) and (7)

Board

Chief Executive Officer

2

Regulations 17 and 18

Board

Chief Executive Officer

3

Subregulation 23(1)

Board

Chief Executive Officer

Lotteries and Fundraising Act 1987 (Norfolk Island)

202DH  Paragraphs 6(3)(c) and 17(2)(b)

Omit “prescribed fee”, substitute “approved fee”.

202DJ  Paragraph 32(2)(b)

Repeal the paragraph.

Lotteries and Fundraising Regulations 1987 (Norfolk Island)

202DK  Subregulation 4(1)

Omit “(1)”.

202DL  Subregulation 4(2)

Repeal the subregulation.

202DM  Subregulation 6(1)

Omit “(1)”.

202DN  Subregulation 6(2)

Repeal the subregulation.

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”.

202EAA  Section 30

Repeal the section, substitute:

30  Approved fees for certificates

                   Applications for certificates must be accompanied by the approved fees.

202EAB  Section 32

Repeal the section.

202EB  Subsections 61(1) and 62(2)

Omit “Minister”, substitute “Chief Executive Officer”.

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.

205AA  Subsection 5(2)

Repeal the subsection, substitute:

             (2)  The Registrar must register the person as a registered mediator if:

                     (a)  the Registrar is satisfied that the person has been registered by an approved agency; and

                     (b)  the application is accompanied by the approved fee.

205AB  Subsection 7(2)

Omit “fee”, substitute “approved fee”.

Mediation Regulations 2005 (Norfolk Island)

205AC  Regulation 8

Repeal the regulation.

205AD  Schedule 2

Repeal the Schedule.

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)

206AAA  Section 4 (paragraph (a) of the definition of custodial order)

Omit “Criminal Law Act 1960, Part 11A”, substitute “Chapter 2 of the Criminal Procedure Act 2007”.

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).

206AAAA  Section 17A (heading)

Repeal the heading, substitute:

17A  Reasons for decisions in respect of referrals by courts under the Criminal Procedure Act 2007

206AB  Subsection 18(1)

Omit “officer or employee of the Public Service”, substitute “employee in the public service”.

206AH  Part 4A (heading)

Repeal the heading, substitute:

Part 4AReferrals by courts under the Criminal Procedure Act 2007

206AI  Subsection 37A(1) (definition of order to determine fitness)

Omit “the Criminal Law Act 1960, part 11A”, substitute “section 18 of the Criminal Procedure Act 2007”.

206AL  Paragraph 37C(1)(c)

Repeal the paragraph, substitute:

                     (c)  an order is made in relation to the charge under:

                              (i)  subsection 26(2) of the Criminal Procedure Act 2007 (non‑acquittal at special hearing—non‑serious offence); or

                             (ii)  subsection 27(2) of that Act (non‑acquittal at special hearing—serious offence).

206AM  Subsection 37D(1) (definition of order for recommendations)

Omit “under the Criminal Law Act 1960, Division 11A requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations to the court”, substitute “or the Court of Petty Sessions under paragraph 32(1)(a) or 37(1)(a), or subsection 40(1), of the Criminal Procedure Act 2007 requiring a person to submit to the jurisdiction of the Tribunal to enable the Tribunal to make recommendations”.

206AN  Subsection 37D(2)

Omit “under the Criminal Law Act 1960, Division 11A, the Tribunal shall make recommendations to the Supreme Court”, substitute “the Tribunal must make recommendations, to the court that made the order,”.

206AP  Subsection 37F(1) (paragraph (a) of the definition of order for detention)

Omit “the Criminal Law Act 1960, Part 11A”, substitute “paragraph 26(2)(a), subsection 27(2), paragraph 32(3)(a), subsection 33(1), paragraph 37(3)(a), subsection 38(1) or 44(2) or paragraph 44(4)(c) of the Criminal Procedure Act 2007”.

206AQ  Paragraph 37F(3)(c)

Omit “the Criminal Law Act 1960, Part 11A”, substitute “subsection 9(2), 10(2), 12(2) or 13(2) of the Criminal Procedure Act 2007”.

206AR  After paragraph 37F(6)(c)

Insert:

                    (ca)  if the order for detention was made by the Court of Petty Sessions—the Clerk of the Court of Petty Sessions;

206AS  Paragraph 37F(7)(b)

Omit “Court”, substitute “Supreme Court”.

206AT  Subsection 37J(2) (paragraph (a) of the definition of limiting period)

Omit “the Criminal Law Act 1960, Part 11A”, substitute “Chapter 2 of the Criminal Procedure Act 2007”.

206AU  Part 4B (heading)

Repeal the heading, substitute:

Part 4BProcedural matters for referrals by courts under the Criminal Procedure Act 2007

206AV  Paragraph 37L(5)(d)

Omit “the Criminal Law Act 1960, Part 11A”, substitute “Chapter 2 of the Criminal Procedure Act 2007”.

Mercantile Law Act 1959 (Norfolk Island)

206AVA  Subsection 7(2)

Repeal the subsection, substitute:

             (2)  The approved fee is payable for the registration of a bill of sale.

206AVB  Subsection 9(5)

Repeal the subsection, substitute:

             (2)  The approved fee is payable for the renewal of the registration of a bill of sale.

206AVC  Subsection 10(1)

Omit “a fee of two fee units”, substitute “the approved fee”.

206AVD  Subsection 14(3)

Repeal the subsection, substitute:

             (3)  The approved fee is payable for the registration of the grant of a lien on the crop.

206AVE  Subsection 23(1)

Omit “a fee of .50 fee unit”, substitute “the approved fee”.

206AVF  Subsection 23(2)

Omit “a fee at the rate of .20 fee unit”, substitute “the approved fee”.

Migratory Birds Act 1980 (Norfolk Island)

206AW  Section 18

Omit “Minister”, substitute “Chief Executive Officer”.

206AWA  Section 23

Omit “A fee of 2 fee units”, substitute “The approved fee”.

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 4AProfessional 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 National Park and Norfolk Island Botanic Garden Act 1984 (Norfolk Island)

209AA  Subsection 4(1)

Omit “Minister”, substitute “Chief Executive Officer”.

209AB  Section 7

Omit “Minister”, substitute “Chief Executive Officer”.

Noxious Weeds Act 1916 (Norfolk Island)

209B  Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer

 

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsections 5(1), (3) and (5)

Minister

Chief Executive Officer

2

Paragraph 6(b)

Minister

Chief Executive Officer

3

Section 7

Minister

Chief Executive Officer

4

Schedule 2

Minister

Chief Executive Officer

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”.

Pasturage and Enclosure Act 1949 (Norfolk Island)

210AAA  Section 5

Before “An”, insert “(1)”.

210AAB  At the end of section 5

Add:

             (2)  An application for a right of pasturage must be accompanied by the approved fee (if any).

210AAC  Subsection 7(4)

Omit “Minister the prescribed fee for the issue of a tag and the Minister”, substitute “Chief Executive Officer the approved fee for the issue of a tag and the Chief Executive Officer”.

210A  Subsection 9(3)

Omit “executive member”, substitute “Chief Executive Officer”.

210AA  Section 13

After “and in particular for”, insert “the following”.

210AB  Paragraph 13(e)

Repeal the paragraph.

210B  Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer

 

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit (wherever occurring)

Substitute

1

Subsection 5(1)

Minister

Chief Executive Officer

2

Subsections 6(1) and 7(1) and (2)

Minister

Chief Executive Officer

3

Section 8

Minister

Chief Executive Officer

4

Paragraphs 9(1)(c) and (d)

Minister

Chief Executive Officer

5

Subsections 9(2) and (3) and 12(1) and (3)

Minister

Chief Executive Officer

Pasturage and Enclosure Regulations (Norfolk Island)

210BA  Regulation 3

Repeal the regulation.

210C  Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer

 

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Subregulation 4(1)

Minister

Chief Executive Officer

2

Paragraphs 4(2)(a) and (b)

Minister

Chief Executive Officer

3

Regulation 5

Minister

Chief Executive Officer

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)

211H  Section 6

Insert:

ancillary project, for a declared significant development, means a development that is integral and subservient to the declared significant development.

212  Section 6 (definitions of approved plan, approved scheme, authorised officer and Board)

Repeal the definitions, substitute:

approved plan means a draft plan that the Minister has approved under section 12 (including any alteration so approved).

approved scheme means a draft development contribution scheme that the Minister has approved under section 67 (including any alteration so approved).

authorised officer means a person appointed under section 94 to be an authorised officer.

Board means the Norfolk Island Regional Council.

213  Section 6 (definition of Chief Executive Officer)

Repeal the definition.

213B  Section 6

Insert:

declared significant development means a significant development in relation to which a declaration under paragraph 28C(5)(a) is in effect.

214  Section 6 (definition of development contribution scheme)

Omit “section 69”, substitute “section 68”.

214A  Section 6 (definition of performance security)

Repeal the definition.

214AA  Section 6 (definition of prescribed fee)

Repeal the definition.

214B  Section 6 (definition of prohibited use or development)

Repeal the definition, substitute:

prohibited use or development means an activity specified in the Plan as a prohibited use or development other than any such activity that is:

                     (a)  a declared significant development; or

                     (b)  an ancillary project for a declared significant development.

214C  Section 6

Insert:

significant development means a development to establish or upgrade infrastructure to support economic growth or community welfare, or both, in Norfolk Island.

214D  Subsection 9(2)

Omit “prescribed fee”, substitute “approved fee”.

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.

221A  After Part 3

Insert:

Part 3ASignificant developments

  

28A  Applicants

             (1)  An application for a declaration in relation to a significant development may be made by:

                     (a)  the owner of the land to which the application relates; or

                     (b)  another person with the owner’s permission; or

                     (c)  a person eligible to apply under any other enactment.

             (2)  An application by a person with the permission of the owner of the relevant land must be accompanied by written confirmation signed by the owner that permission has been granted to the person to make the application.

28B  Formalities

             (1)  An application for a declaration in relation to a significant development must be made to the Chief Executive Officer.

             (2)  The application must be:

                     (a)  in the form approved by the Chief Executive Officer; and

                     (b)  accompanied by the approved fee (if any).

             (3)  The approved fee less 10% must be refunded if:

                     (a)  the application is withdrawn; and

                     (b)  at the time the application is withdrawn, the assessment of the application has not yet commenced.

             (4)  The approved fee less 50% must be refunded if:

                     (a)  the application is withdrawn; and

                     (b)  at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.

28C  Processing application for declaration in relation to significant development

             (1)  The Chief Executive Officer must refer an application for a declaration in relation to a significant development to the Norfolk Island Regional Council together with a report and recommendation on the application from the Chief Executive Officer.

             (2)  After the application has been referred to the Norfolk Island Regional Council, the Norfolk Island Regional Council must make a recommendation about the application.

             (3)  If the Norfolk Island Regional Council’s recommendation is different from that of the Chief Executive Officer’s, the reasons for the difference must be specified in the Norfolk Island Regional Council’s recommendation.

             (4)  Within 56 days after the application is made, the Norfolk Island Regional Council must refer to the Commonwealth Minister the application, its recommendation and any other relevant material including the Chief Executive Officer’s report to the Norfolk Island Regional Council on the application.

             (5)  After receiving the application under subsection (4), the Commonwealth Minister must:

                     (a)  make a declaration in relation to the significant development; or

                     (b)  refuse to make a declaration in relation to the significant development; or

                     (c)  refer the application back to the Chief Executive Officer with directions to take specified further actions.

Note:          Matters for consideration by the Minister are set out in section 28D.

             (6)  A declaration in relation to a significant development may be subject to conditions.

             (7)  A declaration in relation to a significant development takes effect when it is made.

             (8)  A declaration in relation to a significant development ceases to be in effect at the earlier of:

                     (a)  the end of:

                              (i)  unless subparagraph (ii) applies—the period specified in the declaration; or

                             (ii)  if the Minister has, under subsection (9), extended the period for which the declaration is in effect—the extended period; and

                     (b)  the time the declaration is revoked under section 28G.

             (9)  Before a declaration in relation to a significant development ceases to be in effect, the Minister may, by notice to the applicant for the declaration, extend, or further extend, the period for which the declaration is in effect.

           (10)  To avoid doubt, declared significant developments and ancillary projects for declared significant developments require development approval.

28D  Matters to be considered

             (1)  The Commonwealth Minister may make a declaration in relation to a significant development only if:

                     (a)  the development is to establish or upgrade infrastructure of a type prescribed by the regulations; or

                     (b)  the Commonwealth Minister considers that the development is to establish or upgrade other infrastructure having a significant benefit in Norfolk Island.

             (2)  In considering whether to make a declaration in relation to a significant development, the Commonwealth Minister must have regard to the following matters:

                     (a)  any potential economic or community benefits from the development;

                     (b)  any links the development has, or could have, with other developments;

                     (c)  consistency with the Plan;

                     (d)  the Norfolk Island Regional Council’s community strategic plan, delivery program and operational plan;

                     (e)  any other matters considered by the Commonwealth Minister to be relevant.

28E  Notice to applicants

             (1)  As soon as practicable and not more than 14 days after the Commonwealth Minister makes a decision about an application for a declaration in relation to a significant development, the Commonwealth Minister must give the applicant notice of the decision.

             (2)  Notice of the decision must include:

                     (a)  a statement of reasons for the decision; and

                     (b)  if the Commonwealth Minister makes a declaration in relation to the significant development:

                              (i)  the period the declaration will be in effect (unless the period is extended or the declaration is revoked); and

                             (ii)  any conditions to which the declaration is subject.

28F  Notice in Gazette of declarations

             (1)  As soon as practicable and not more than 14 days after the Commonwealth Minister makes a declaration in relation to a significant development, notice of the declaration must be published in the Gazette.

             (2)  The notice must include:

                     (a)  a statement of reasons for the declaration; and

                     (b)  any conditions to which the declaration is subject; and

                     (c)  an outline of the development approval process for declared significant developments and ancillary projects for declared significant developments.

28G  Revocation of declaration

             (1)  The Commonwealth Minister may revoke a declaration in relation to a significant development if the Commonwealth Minister is satisfied that the declaration should be revoked, having regard to the matters mentioned in subsection 28D(2).

             (2)  As soon as practicable after the Commonwealth Minister revokes a declaration in relation to a significant development, the Commonwealth Minister must give the applicant for the declaration notice of the revocation.

             (3)  The notice of the revocation must include a statement of reasons for the revocation.

221B  Section 30 (heading)

Repeal the heading, substitute:

30  Approval for permitted use or development, permissible (with consent) use or development, declared significant development or ancillary project

221BA  Paragraph 34(2)(d)

Omit “prescribed fee”, substitute “approved fee”.

221BC  At the end of section 34

Add:

             (5)  The approved fee less 10% must be refunded if:

                     (a)  the application is withdrawn; and

                     (b)  at the time the application is withdrawn, the assessment of the application has not yet commenced.

             (6)  The approved fee less 50% must be refunded if:

                     (a)  the application is withdrawn; and

                     (b)  at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.

221C  Subsection 38(3)

After “permissible (with consent) use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.

221D  Subsection 39(1)

Omit “44(6)(b)”, substitute “(b) or 44D(2)(a) or (b)”.

221DA  Subsection 39(2)

Omit “prescribed fee”, substitute “approved fee”.

221E  At the end of Division 1 of Part 5

Add:

40A  Rejection of development applications for ancillary project if not ancillary project

             (1)  This section applies if:

                     (a)  a development application seeks development approval for use or development of land as an ancillary project for a declared significant development; and

                     (b)  the Chief Executive Officer is not satisfied the proposed use or development is an ancillary project for the declared significant development.

             (2)  Within 14 days after the application is made, the Chief Executive Officer must give the applicant a notice refusing the application and specifying the reasons for the refusal.

Note:          If the proposed use or development of land is a permitted use or development or permissible (with consent) use or development, the applicant may submit an application for development approval on that basis (see section 44A).

221F  After Subdivision 2 of Division 2 of Part 5

Insert:

Subdivision 2ADeclared significant developments and ancillary projects

44A  Development activity of more than one type

             (1)  If a development activity is:

                     (a)  a permitted use or development; and

                     (b)  a declared significant development or an ancillary project for a declared significant development;

then:

                     (c)  a development application in relation to the development activity may seek development approval for a permitted use or development, a declared significant development or an ancillary project for a declared significant development; and

                     (d)  this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.

             (2)  If a development activity is:

                     (a)  a permissible (with consent) use or development; and

                     (b)  a declared significant development or an ancillary project for a declared significant development;

then:

                     (c)  a development application in relation to the development activity may seek development approval for a permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development; and

                     (d)  this Act applies in relation to the application, any approval based on the application and any application for modification of any such approval as if the development activity were that type of development activity only.

Note:          If the development application seeks approval for a permitted use or development or a permissible (with consent) use or development, Subdivision 1 or 2 applies in relation to the application. If the development application seeks development approval for a declared significant development or an ancillary project for a declared significant development, this Subdivision applies.

44B  Notice of application for declared significant developments and ancillary projects to be displayed on land

             (1)  As soon as practicable after giving notice of acceptance of a development application for a declared significant development or an ancillary project for a declared significant development under section 35, the Chief Executive Officer:

                     (a)  must cause a notice to be displayed on or near the land the subject of the application; and

                     (b)  may cause other notices to be displayed at such places as the Chief Executive Officer considers appropriate.

             (2)  The notice must include the matters prescribed by the regulations for such notices.

             (3)  The owner of the land on which a notice is displayed under paragraph (1)(a) must ensure the notice remains as placed on the land until a decision under paragraph 44D(2)(a) or (b) is made on the development application or the application is withdrawn.

             (4)  A notice under subsection (1) is for information only and any failure to give the notice does not prevent the processing of the application or the making of decisions on it.

44C  Publication of notice of a development application for declared significant development or ancillary project

             (1)  The Chief Executive Officer must cause a notice of a development application for a declared significant development or an ancillary project for a declared significant development to be published in the Gazette.

             (2)  The notice must include:

                     (a)  a summary of the development application; and

                     (b)  an invitation for written public submissions to be directed to the Chief Executive Officer within a specified period of not less than 28 days after notification; and

                     (c)  a statement that the application may be inspected at a specified office of the Norfolk Island Regional Council during usual business hours.

             (3)  An application notified under subsection (1) and accompanying documents to the extent specified in the regulations must be available for public inspection until a decision under paragraph 44D(2)(a) or (b) is made on the application or the application is withdrawn.

44D  Processing development applications after notice

             (1)  After the end of the period specified in the notice published under subsection 44C(1), the Chief Executive Officer must refer the application to the Commonwealth Minister together with a copy of any public submissions and other relevant documents and a report and recommendations on the application from the Chief Executive Officer.

             (2)  After receiving the application under subsection (1), the Commonwealth Minister must:

                     (a)  give development approval for the use and development of the land; or

                     (b)  refuse to give development approval for the use and development of the land; or

                     (c)  refer the application back to the Chief Executive Officer with directions to take specified further actions.

             (3)  An approval may be subject to conditions.

             (4)  Without limiting the conditions which may be imposed, conditions of approval may include:

                     (a)  conditions requiring the use or development of the land to be achieved within a specified time or stages of the use or development to be achieved at specified times; and

                     (b)  a condition requiring the provision of performance security for failure to comply with the conditions of the approval.

             (5)  An approval may modify development or environmental standards specified in the Plan provided the modification is consistent with the objectives of the standards specified in the Plan.

             (6)  The standards as modified under subsection (5) are taken to be the standards under the Plan for the use or development approved.

221G  Subsection 45(4)

After “prescribed use or development of land”, insert “, a declared significant development or an ancillary project for a declared significant development”.

221H  Subsection 45(10)

Omit “relating to the procedures for processing development applications for permissible (with consent) use or development”, substitute “or 44D, as appropriate”.

221J  Paragraph 46(e)

After “43(2)”, insert “, 44C(2)”.

221K  Subsection 47(1)

Omit “less”, substitute “more”.

221L  Subsection 47(2)

Repeal the subsection, substitute:

             (2)  Notice of the decision must include:

                     (a)  a statement of reasons for the decision; and

                     (b)  if the decision is a reviewable decision (within the meaning of section 78) and the decision is at variance with the recommendation of the Chief Executive Officer, the Board or a person appointed under section 91 to investigate any matters relating to the application—a statement of the reasons why the recommendation was not followed; and

                     (c)  if the decision is a reviewable decision (within the meaning of section 78)—particulars of the applicant’s right to apply to the Administrative Review Tribunal for review of the decision.

221M  Subsection 48(1)

Omit “subsection 44(6)”, substitute “paragraph 44(6)(a) or (b) or 44D(2)(a) or (b)”.

221N  Paragraph 49(2)(b)

After “permissible (with consent) use or development”, insert “, a declared significant development or an ancillary project for a declared significant development”.

221P  At the end of Division 3 of Part 5

Add:

50A  When development approval for declared significant development or ancillary project takes effect

                   A development approval for a declared significant development or an ancillary project for a declared significant development takes effect when the approval is given.

221PA  Paragraph 53(3)(c)

Omit “prescribed fee”, substitute “approved fee”.

221PB  At the end of section 53

Add:

             (6)  The approved fee less 10% must be refunded if:

                     (a)  the application is withdrawn; and

                     (b)  at the time the application is withdrawn, the assessment of the application has not yet commenced.

             (7)  The approved fee less 50% must be refunded if:

                     (a)  the application is withdrawn; and

                     (b)  at the time the application is withdrawn, the assessment of the application has commenced but no recommendation has been made by the Chief Executive Officer.

221PC  Subsection 55(2)

Omit “prescribed fee”, substitute “approved fee”.

221Q  Section 56 (heading)

Repeal the heading, substitute:

56  Processing development approval modification applications for permitted use or development, declared significant development or ancillary project

221R  Subsection 56(1)

After “permitted use or development,”, insert “a declared significant development or an ancillary project for a declared significant development,”.

221S  Paragraph 59(2)(c)

Before “particulars”, insert “if the decision is a reviewable decision (within the meaning of section 78)—”.

221T  Section 61

Repeal the section, substitute:

61  Revocation of approval

                   A development approval is only revocable in accordance with:

                     (a)  the written consent of the owner of the land in relation to which the approval is given; or

                     (b)  section 61A.

61A  Revocation of approval for declared significant development or ancillary project

             (1)  The Commonwealth Minister may revoke a development approval for a declared significant development or an ancillary project for a declared significant development if:

                     (a)  the declaration in relation to the significant development is revoked; and

                     (b)  the Commonwealth Minister is satisfied that the approval should be revoked.

             (2)  As soon as practicable after the Commonwealth Minister revokes a development approval for a declared significant development or an ancillary project for a declared significant development, the Commonwealth Minister must give the owner of the land to which the development or project relates notice of the revocation.

             (3)  The notice of the revocation must include a statement of reasons for the revocation.

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.

225A  At the end of paragraph 78(1)(a)

Add “, other than in relation to development applications for declared significant developments or ancillary projects for declared significant developments”.

225B  Paragraph 78(1)(b)

Omit “on a development approval modification application”, substitute “or 57(6) on a development approval modification application, other than on a development approval modification application for a declared significant development or an ancillary project for a declared significant development”.

225C  Subsection 86(1)

After “development approval application”, insert “, or an application for a declaration in relation to a significant development,”.

225D  After paragraph 91(1)(a)

Insert:

                    (aa)  an application is made for development approval for a declared significant development or an ancillary project for a declared significant development; or

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.”.

228AA  Section 94

Omit “Minister”, substitute “Chief Executive Officer”.

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”.

229A  After paragraph 96(1)(b)

Insert:

                   (ba)  a declaration in relation to a significant development notice of which is published in the Gazette in accordance with section 28F; or

230  Subsection 96(1) (paragraph (d) of the definition of statutory document)

Omit “section 69”, substitute “section 67”.

230AA  Subsections 97(2) and 98(2)

Omit “prescribed fee”, substitute “approved fee”.

230AB  After section 99

Insert:

99A  Approved fees not payable by Commonwealth etc.

                   Despite anything in this Act, approved fees are not payable by the Commonwealth, an authority of the Commonwealth, the Norfolk Island Regional Council or a territory instrumentality.

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.

231A  After Part 3

Insert:

Part 3ASignificant developments

  

15A  Types of significant development

                   For the purposes of paragraph 28D(1)(a) of the Act, the following types of infrastructure are prescribed:

                     (a)  air transport facilities;

                     (b)  educational establishments;

                     (c)  electricity generating works or alternative energy systems;

                     (d)  electricity transmission or distribution networks;

                     (e)  emergency services facilities;

                      (f)  extractive industries;

                     (g)  hospital and health services facilities;

                     (h)  port and wharf facilities;

                      (i)  public works‑major or public works‑minor, as defined in the Plan;

                      (j)  roads and traffic facilities;

                     (k)  sewerage systems;

                      (l)  sport and recreation facilities;

                    (m)  stormwater management systems;

                     (n)  telecommunications facilities;

                     (o)  warehouse and freight facilities;

                     (p)  waste disposal and resource management facilities;

                     (q)  water supply, storage and treatment facilities.

15B  Processing application for declaration in relation to significant development

                   The report the Chief Executive Officer refers to the Norfolk Island Regional Council under subsection 28C(1) of the Act must include consideration of the matters mentioned in paragraphs 28D(2)(a) to (d) of the Act.

231B  Regulation 18

Before “The applicant”, insert “(1)”.

231C  At the end of regulation 18

Add:

             (2)  The applicant for development approval for a declared significant development or an ancillary project for a declared significant development must provide the Chief Executive Officer with as many copies of the development application and supporting documentation as the Chief Executive Officer reasonably requires for public inspection under subsection 44C(2) of the Act.

231D  Regulation 19 (heading)

Repeal the heading, substitute:

19  Notice of development applications for permissible (with consent) use or development, declared significant development or ancillary project

231E  Regulation 19

After “subsection 43(1)”, insert “or 44C(1)”.

231F  Subparagraph 19(i)(i)

Omit “section 19(h)”, substitute “paragraph 43(2)(b) or 44C(2)(b) of the Act”.

231G  Subparagraph 19(i)(iii) and (iv)

Repeal the subparagraphs, substitute:

                            (iii)  if the application is for permissible (with consent) use or development—the decision of the Minister is a reviewable decision within the meaning of section 78 of the Act.

231H  Regulation 20

After “subsection 42(2)”, insert “and 44B(2)”.

231J  Regulation 22 (heading)

Repeal the heading, substitute:

22  Notice of amended development application for permissible (with consent) use or development, declared significant development or ancillary project

231K  Regulation 24

Omit “41(4)”, substitute “44(1)”.

231L  After regulation 24

Insert:

24A  Processing development applications for declared significant development or ancillary project

                   The report the Chief Executive Officer refers to the Commonwealth Minister under subsection 44D(1) of the Act must include:

                     (a)  a summary of the planning issues raised in the public submissions received during the public inspection period including how the issues have been addressed; and

                     (b)  consideration of each matter mentioned in section 46 of the Act to the extent that the matter is relevant to the application; and

                     (c)  consideration of any other relevant matters; and

                     (d)  a recommendation to approve or refuse approval of the development application; and

                     (e)  recommended conditions of approval, if any.

231M  Regulation 25 (heading)

Repeal the heading, substitute:

25  Notice to applicant of determination of development application

231N  Regulation 26 (heading)

Repeal the heading, substitute:

26  Notice in the Gazette of Minister’s decision on development applications for permissible (with consent) use or development, declared significant development or ancillary project

231P  Paragraph 26(i)

After “the rights”, insert “(if any)”.

231Q  Subregulation 27(2)

Omit “prescribed use or development shall”, substitute “prescribed use or development, a declared significant development or an ancillary project for a declared significant development must”.

231R  Paragraph 27(2)(b)

Omit “45(5)”, substitute “45(6)”.

231S  Subregulation 27(3)

Omit “45(5)”, substitute “45(6)”.

231T  Paragraph 28(b)

Omit “45(5)”, substitute “45(6)”.

231U  Regulation 29

Omit “permissible (with consent) use or development of land shall”, substitute “permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development must”.

231V  Paragraph 33(1)(b)

Omit “Part 9 of the regulations”, substitute “regulation 47”.

232  Regulations 37 and 38

Repeal the regulations.

232AA  Part 9

Repeal the Part.

232AC  Subparagraphs 47(2)(a)(vi) and (b)(v)

Omit “permitted use or development or for permissible (with consent) use or development”, substitute “permitted use or development, permissible (with consent) use or development, a declared significant development or an ancillary project for a declared significant development”.

232AD  Schedule 3

Repeal the Schedule.

Plant and Fruit Diseases Act 1959 (Norfolk Island)

232AE  Subsections 5(1) and (2)

Omit “Minister”, substitute “Chief Executive Officer”.

232AF  Subsection 19(1)

Omit “Minister” (first occurring), substitute “Chief Executive Officer”.

232AG  Subsection 20(1)

Omit “The regulations may prescribe the fees”, substitute “The approved fees are”.

232AH  Subsection 20(3)

Repeal the subsection.

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”.

232BAA  Subsections 6(1) and (5)

Omit “prescribed fee”, substitute “approved fee”.

Pounds Act 1934 (Norfolk Island)

232BAB  Section 9

Repeal the section, substitute:

9  Approved fees for impounded stock

                   Approved fees are payable to the poundkeeper for stock impounded under the provisions of this Act.

232BAC  Section 10

Omit “any fees or charges”, substitute “any approved fee or other charge”.

232BAD  Section 11

Omit “such amount as would be payable in accordance with or in pursuance of the provisions of this Act as poundage fees”, substitute “the approved fees payable”.

232BAE  Section 15

Omit “poundage fees”, substitute “approved fees”.

232BAF  Section 22 (heading)

Omit “poundage fees”, substitute “approved fees”.

232BAG  Section 22

Omit “poundage fees”, substitute “approved fees”.

232BAH  Section 26

After “and in particular for prescribing”, insert “the following”.

232BAJ  Paragraph 26(c)

Repeal the paragraph.

232BA  Amendments of listed provisions—substituting references to Minister with references to Chief Executive Officer

 

Substituting references to Minister with references to Chief Executive Officer

Item

Provision

Omit

Substitute

1

Sec