1 Name
This is the Norfolk Island Applied Laws Ordinance 2016.
3 Authority
This Ordinance is made under section 19A of the Norfolk Island Act 1979.
4 Simplified outline of this Ordinance
The laws of New South Wales, as in force in New South Wales from time to time, form part of the law of the Territory. In this Ordinance, the term “applied laws” is used to refer to New South Wales laws in their character as laws of the Territory.
Applied laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance.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 an applied law for a period.
This Ordinance amends, repeals and suspends applied laws as set out in the items in the Schedules to this Ordinance.
The items are to be read together with the New South Wales laws in order to understand the operation of the applied 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 The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.
5 Definitions
In this Ordinance:
applied law means a law of New South Wales as in force in the Territory under section 18A of the Norfolk Island Act 1979.
6 Interpretation Act
(1) The Interpretation Act 1979 (Norfolk Island) does not apply to this Ordinance or rules made under this Ordinance.
Note: The Acts Interpretation Act 1901 applies instead because this Ordinance and rules made under it are legislative instruments (see subsection 13(1) of the Legislation Act 2003).
(2) The Interpretation Act 1987 (NSW), as it applies in the Territory from time to time, applies in relation to an applied law as amended by this Ordinance.
Note: The Interpretation Act 1987 (NSW) is a law of New South Wales in force in the Territory under section 18A of the Norfolk Island Act 1979.
7 Rules
(1) The Minister may, by legislative instrument, make rules amending this Ordinance:
(a) so as to amend or repeal an applied law; or
(b) to make application, saving or transitional provision in relation to any amendments or repeals of applied 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.
8 Schedules
(1) Each applied law that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule, and any other item in a Schedule to this Ordinance has effect according to its terms.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, repeals and 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 an applied law; and
(b) the item is amended or repealed;
then, to the extent to which the law remains a law in force in New South Wales, the applied law continues in force in the Territory in accordance with section 18A of the Norfolk Island Act 1979 and this Ordinance as amended.
Schedule 1—Suspension
1 Suspension
(1) The operation of the legislation of New South Wales, other than an Act specified in the following table or legislation made under such an Act, is suspended in the Territory for the period:
(a) beginning on the day this item commences; and
(b) ending immediately before the start of 1 July 2018.
Legislation of New South Wales that is not suspended |
Name of Act |
Health Services Act 1997 |
Interpretation Act 1987 |
Local Government Act 1993 |
Long Service Leave Act 1955 |
Public Health Act 2010 |
(2) Subitem (1) applies to legislation of New South Wales whether the legislation is in operation on the day this item commences or whether it comes into operation after that day.
2 References to suspended law in law that is not suspended
(1) The suspension of the operation of a law of New South Wales in the Territory by this Schedule does not affect any reference to that law in a provision of a law of New South Wales the operation of which is not suspended in the Territory.
(2) Subsection 21D(3) of the Interpretation Act 1987 of New South Wales (as it applies in the Territory from time to time) does not apply to a reference to the short title of a New South Wales Act the operation of which is suspended in the Territory.
Schedule 2—Amendment of the Health Services Act 1997 (NSW)
Health Services Act 1997 (NSW)
1 At the end of Chapter 1
Add:
5A Modifications for Norfolk Island
(1) The provisions of this Act, other than the provisions referred to in subsection (2), do not apply in relation to the Territory of Norfolk Island.
(2) The following provisions of this Act apply in relation to the Territory of Norfolk Island:
(a) Chapters 1, 2, 3, 5 and 6;
(b) Parts 1 and 1A of Chapter 10;
(c) sections 134, 135, 136, 137, 139 and 140;
(d) Schedules 1 and 3;
(e) the Dictionary.
(3) Jurisdiction in matters arising under this Act as in force in the Territory of Norfolk Island, and in which the Local Court has jurisdiction in relation to New South Wales, is, to the extent permitted by the Commonwealth Constitution, conferred on the Court of Petty Sessions of Norfolk Island.
2 At the end of section 18
Add:
(4) The Territory of Norfolk Island is taken to be a local government area in respect of which the South Eastern Sydney Local Health District is constituted. The table in Schedule 1 is taken to have been amended accordingly.
3 At the end of section 62
Add:
(6) The Norfolk Island Health and Residential Aged Care Service (within the meaning of the Norfolk Island Health and Residential Aged Care Service Act 1985 of Norfolk Island) is taken to be an affiliated health organisation in respect of its recognised establishment, the Norfolk Island Health and Residential Aged Care Service Facility (within the meaning of the Norfolk Island Health and Residential Aged Care Act 1985 of Norfolk Island). The table in Schedule 3 is taken to have been amended accordingly.
Schedule 3—Amendment of the Interpretation Act 1987 (NSW)
Interpretation Act 1987 (NSW)
1 Section 4
Omit all the words after “binds the Crown”, substitute “in each of its capacities”.
2 Paragraph 13(b)
Omit “New South Wales”, substitute “the Commonwealth”.
3 Subsection 21(1)
Insert:
applied law means a law of New South Wales as in force in the Territory of Norfolk Island under section 18A of the Norfolk Island Act.
Commissioner of Police means the Commissioner of the Australian Federal Police.
Commonwealth Gazette means the Commonwealth of Australia Gazette.
Commonwealth Government Printer includes any person printing for the Government.
Commonwealth Minister means a Minister of State of the Commonwealth.
4 Subsection 21(1) (definition of Consolidated Fund)
Repeal the definition, substitute:
Consolidated Fund means the Consolidated Revenue Fund referred to in section 81 of the Commonwealth Constitution.
5 Subsection 21(1) (definition of Government)
Repeal the definition, substitute:
Government means the Government of the Commonwealth.
6 Subsection 21(1)
Insert:
law of the State means the laws (whether written or unwritten and whether substantive or procedural) that are from time to time in force in the Territory of Norfolk Island.
New South Wales Act means an Act passed by the Parliament of New South Wales.
Norfolk Island Act means the Norfolk Island Act 1979 of the Commonwealth.
Norfolk Island Minister means the Commonwealth Minister who administers the Norfolk Island Act.
7 Subsection 21(1) (definition of NSW Police Force)
Repeal the definition, substitute:
NSW Police Force means the Australian Federal Police.
8 Subsection 21(1) (definition of police officer)
Repeal the definition, substitute:
police officer means any of the following:
(a) a member or a special member of the Australian Federal Police;
(b) a member of the Police Force of Norfolk Island;
(c) a member of a State or Territory police force providing police services in relation to the Territory of Norfolk Island in accordance with section 18B or 18C of the Norfolk Island Act.
9 Subsection 21(1)
Insert:
Territory Gazette means the Norfolk Island Government Gazette.
Territory of Norfolk Island means the Territory of Norfolk Island as described in Schedule 1 to the Norfolk Island Act.
Territory Ordinance means:
(a) a section 19A Ordinance (within the meaning of subsection 4(1) of the Norfolk Island Act); or
(b) an Ordinance continued in force by the Norfolk Island Act.
10 Subsection 21(1) (definition of the State)
Repeal the definition, substitute:
the State:
(a) when used in a geographical sense—means the Territory of Norfolk Island; and
(b) when used in any other sense—means the Territory of Norfolk Island unless the context precludes that meaning.
11 At the end of Part 2
Add:
21D New South Wales Acts
(1) A reference in this Act or a Territory Ordinance to the short title of a New South Wales Act followed by “(N.S.W.)” or “(NSW)” is a reference to the Act as in force in New South Wales from time to time.
(2) A reference in this Act, a Territory Ordinance or an applied law to the short title of a New South Wales Act followed by “(N.S.W.)(N.I.)” or “(NSW)(NI)” is a reference to the Act as in force in the Territory of Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act.
(3) A reference in an applied law to the short title of a New South Wales Act is taken to be a reference to the corresponding applied law.
21E New South Wales instruments
(1) A reference in this Act or a Territory Ordinance to an instrument followed by “(N.S.W.)” or “(NSW)” is a reference to the instrument as in force in New South Wales from time to time.
(2) A reference in this Act, a Territory Ordinance or an applied law to an instrument followed by “(N.S.W.) (N.I.)” or “(NSW) (NI)” is a reference to the instrument as in force in the Territory of Norfolk Island from time to time in accordance with section 18A of the Norfolk Island Act.
12 At the end of Part 5
Add:
38A References to documents
If an applied law requires or permits something to be done in accordance with, or having regard to, a document made, approved or published under, or for the purposes of, an applied law or a law of New South Wales, the reference to the document is taken to be a reference to:
(a) any such document made, approved or published in relation to the Territory of Norfolk Island in force or existing at the time the thing is to be done (the relevant time); or
(b) if there is no document made, approved or published in relation to the Territory of Norfolk Island in force or existing at the relevant time—the document made, approved or published under, or for the purposes of, the law as in force in New South Wales, as the document is in force or exists at the relevant time.
38B Modification of prerequisites for Norfolk Island Minister to take action
(1) This section applies if:
(a) an applied law is expressed (ignoring section 18B of the Norfolk Island Act) to make:
(i) a recommendation (however described) about a matter; or
(ii) an approval (however described) of a matter;
by a Minister or an authority established or appointed by or under an applied law or a law of New South Wales a prerequisite for a person to exercise a function; and
(b) the Norfolk Island Minister has that function because of section 18B of the Norfolk Island Act.
(2) The Norfolk Island Minister may exercise the function without receiving or following the Minister’s or authority’s recommendation about the matter or approval of the matter.
38C Norfolk Island Minister not required to interact with himself or herself
(1) The Norfolk Island Minister need not comply with a requirement that:
(a) is imposed on the Norfolk Island Minister by an applied law (as affected by section 18B of the Norfolk Island Act or otherwise); and
(b) because of section 18B of the Norfolk Island Act, is a requirement for the Norfolk Island Minister to do something in relation to the Norfolk Island 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 section applies are if an applied law (ignoring section 18B of the Norfolk Island Act) says:
(a) the Governor may do something on the advice of a Minister; or
(b) an authority must give the Minister notice of a decision or action the authority has taken.
(2) To avoid doubt, if the Norfolk Island Minister takes the other action, its validity is not affected merely because the Norfolk Island Minister did not or does not comply with the requirement.
Note: This also applies to action by a delegate of the Norfolk Island Minister.
38D Special rules relating to the Parliament
Requirements relating to the Parliament that need not be complied with
(1) A person or body need not comply with a requirement imposed by an applied law on the person or body to do either of the following:
(a) give (however described) a thing to the Parliament, a committee of the Parliament or an officer or member of the Parliament;
(b) act consistently (however described) with a resolution or recommendation of the Parliament.
Failure to comply with the requirement does not affect the validity of any act.
Note 1: Applied laws may use various verbs to express requirements to give something to the Parliament, a committee of the Parliament, or an officer or member of the Parliament. Some examples of such verbs are giving, furnishing, laying before, presenting to, tabling, notifying, advising and providing.
Note 2: Applied laws may express in various ways a requirement for a person or body to act consistently with a resolution or recommendation of the Parliament. For example, applied laws may refer to a person or body doing something in accordance with a resolution of the Parliament, on the recommendation of the Parliament or on an address from the Parliament.
Acts valid despite absence of action relating to the Parliament
(2) Despite an applied law providing for a thing to be done by or in relation to the Parliament:
(a) before a function can be exercised by an authority other than the Parliament; or
(b) in connection with the exercise of a function, by such an authority;
the function may be exercised by the authority even though that thing has not been done, or is not done, by or in relation to the Parliament.
13 At the end of Part 8
Add:
53B Statutory bodies
If an applied law establishes or requires the establishment or appointment of:
(a) a committee; or
(b) a board; or
(c) a registrar; or
(d) any other statutory body;
then the law is not taken to establish, or require the establishment or appointment of, the same kind of body in the Territory of Norfolk Island.
14 Section 58 (definition of laws of the State)
Repeal the definition.
15 After section 75
Insert:
75A Publication in Territory or Commonwealth Gazette
If an applied law requires or permits a person to publish an instrument or notice in the Gazette or the Government Gazette or in a newspaper circulating in the State (whatever the frequency of circulation) then the requirement is satisfied by, or the entitlement extends to, publication of the instrument or notice in the Gazette, the Government Gazette, the Commonwealth Gazette or the Territory Gazette.
Schedule 4—Amendment of the Local Government Act 1993 (NSW)
Local Government Act 1993 (NSW)
1 At the end of Chapter 1
Add:
6A Modifications for Norfolk Island
Courts
(1) Jurisdiction in matters arising under this Act as in force in the Territory of Norfolk Island is, to the extent permitted by the Commonwealth Constitution, conferred on:
(a) if the Supreme Court of New South Wales has jurisdiction in the matter in relation to New South Wales—the Supreme Court of Norfolk Island; and
(b) if the Local Court has jurisdiction in the matter in relation to New South Wales—the Court of Petty Sessions of Norfolk Island; and
(c) if the Land and Environment Court of New South Wales has jurisdiction in the matter in relation to New South Wales and the matter arises under Chapter 17—the Supreme Court of Norfolk Island.
Tribunals
(2) A power or function conferred on the Civil and Administrative Tribunal of New South Wales under this Act as in force in New South Wales is, to the extent permitted by the Commonwealth Constitution:
(a) conferred on the Administrative Review Tribunal of Norfolk Island for the purposes of this Act as in force in the Territory of Norfolk Island; and
(b) to be exercised or performed by the Administrative Review Tribunal of Norfolk Island in accordance with the Administrative Review Tribunal Act 1996 of Norfolk Island.
(3) A power or function conferred on the Land and Environment Court of New South Wales under this Act as in force in New South Wales (other than under Chapter 17) is, to the extent permitted by the Commonwealth Constitution:
(a) conferred on the Administrative Review Tribunal of Norfolk Island for the purposes of this Act as in force in the Territory of Norfolk Island; and
(b) to be exercised or performed by the Administrative Review Tribunal of Norfolk Island in accordance with the Administrative Review Tribunal Act 1996 of Norfolk Island.
Ordinary elections
(4) For the purposes of this Act as in force in the Territory of Norfolk Island, a reference in any of the following provisions to an ordinary election is taken not to include a reference to the election provided for by the Preparatory Election Ordinance:
(a) subsection 402(5);
(b) subsection 404(3);
(c) subsection 428(2);
(d) subsection 428A(1);
(e) subsection 440(7).
2 Before Division 1 of Part 2 of Chapter 6
Insert:
Division 1A—Temporary suspension of this Part
24A Temporary suspension of this Part
This Part does not apply in relation to the Territory of Norfolk Island until the start of 1 July 2018.
3 After subsection 68(1)
Insert:
(1A) This section does not apply to an activity that is:
(a) a development activity within the meaning of the Planning Act 2002 of Norfolk Island; or
(b) any of the following within the meaning of that Act:
(i) a permissible (with consent) use or development;
(ii) a permitted (as of right) use or development;
(iii) a permitted use or development;
(iv) a prohibited use or development.
Note: The Planning Act 2002 of Norfolk Island is continued in force by section 16A of the Norfolk Island Act 1979 of the Commonwealth and may be amended by Ordinance made under that Act or a law made under such an Ordinance.
4 After section 204
Insert:
204A Constitution of Norfolk Island as an area
(1) The island of Norfolk Island is constituted as an area.
(2) Subsection (1) has effect regardless of any requirements in this Act or any other law in force in the Territory of Norfolk Island for the constitution of an area.
5 Section 219
Before “A council”, insert “(1)”.
6 At the end of section 219
Add:
(2) Subsection (1) applies despite section 53B of the Interpretation Act 1987.
7 Subsection 220(1)
Omit “of the State”.
8 Subsection 220(3)
Omit “(including the State and the Government of the State)”.
9 At the end of section 221
Add:
(3) Despite subsections (1) and (2), the name of the council of the area constituted by section 204A is the “Norfolk Island Regional Council”.
10 At the end of section 222
Add:
Note: Under the Norfolk Island Regional Council Declaration Ordinance 2016 of the Commonwealth, the persons elected in the election provided for by the Preparatory Election Ordinance become councillors of the Norfolk Island Regional Council at the final transition time.
11 After subsection 233(1)
Insert:
(1A) A councillor (other than the mayor) of the Norfolk Island Regional Council who became a councillor at the final transition time holds office for 4 years and 3 months, subject to this Act.
12 Division 4 of Part 2 of Chapter 9
Repeal the Division.
13 Subsection 248(2)
Omit “appropriate determination of the Remuneration Tribunal”, substitute “remuneration determination for the year as if the council were placed in the rural category”.
14 Subsection 248(4)
Omit “Remuneration Tribunal”, substitute “remuneration determination for the year as if the council were placed in the rural category”.
15 Subsection 249(3)
Omit “appropriate determination of the Remuneration Tribunal”, substitute “remuneration determination for the year as if the mayoral office were placed in the rural category”.
16 Subsection 249(4)
Omit “Remuneration Tribunal”, substitute “remuneration determination for the year as if the mayoral office were placed in the rural category”.
17 After section 249
Insert:
249A Definition of remuneration determination
In sections 248 and 249:
remuneration determination, for a year, means the determination of the Remuneration Tribunal under section 241 of the Local Government Act 1993 as in force in New South Wales of the maximum and minimum amounts of fees to be paid during the year in relation to councils and mayoral offices in New South Wales.
18 Subsection 287(1)
Omit “2008” (wherever occurring), substitute “2020”.
19 Paragraph 287(2)(a)
Repeal the paragraph.
20 After subsection 332(2)
Insert:
(2A) Subsection (2) does not apply to a position held by a person appointed before 1 January 2017.
21 At the end of section 334
Add:
(3) Despite subsection (1), the person who is immediately before the final transition time the Chief Executive Officer (within the meaning of the Public Service Act 2014 of Norfolk Island as in force at that time) is taken to have been appointed at the final transition time to be the general manager of the Norfolk Island Regional Council.
Note: After the final transition time, the person is subject to the requirements of this Act. For example, a vacancy will occur in the position of general manager in the circumstances set out in section 336.
22 At the end of section 338
Add:
(10) This section does not apply in relation to the person mentioned in subsection 334(3) until the earliest of the following occurs:
(a) the Executive Contract of Employment expires;
(b) the Executive Contract of Employment is terminated;
(c) the Executive Contract of Employment is varied (other than to extend the term by no more than 6 months after the final transition time).
(11) In this section:
Executive Contract of Employment means the Executive Contract of Employment (within the meaning of the Public Service Act 2014 of Norfolk Island as in force immediately before the final transition time) under which the person is employed immediately before the final transition time.
23 After section 350
Insert:
350A Staff transferred to Norfolk Island Regional Council
(1) This section applies in relation to a transferring employee (within the meaning of item 368 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth) becoming an employee of the Norfolk Island Regional Council at the final transition time.
(2) The Norfolk Island Regional Council is taken to have complied with any provision of this Act which imposes a requirement in connection with the appointment of the employee.
24 After subsection 402(1)
Insert:
(1A) The Norfolk Island Regional Council must have a community strategic plan by 1 October 2016.
25 At the end of section 403
Add:
(3) The Norfolk Island Regional Council must have a resourcing strategy by 1 January 2017.
26 At the end of section 404
Add:
(6) The Norfolk Island Regional Council must have a delivery program by 1 January 2017.
27 At the end of section 405
Add:
(7) Despite subsection (1), the Norfolk Island Regional Council must adopt an operational plan for the year ending on 30 June 2017 before 1 October 2016.
28 At the end of subsection 449(1)
Add:
Note: The persons elected in the election provided for by the Preparatory Election Ordinance become councillors of the Norfolk Island Regional Council on 1 July 2016 under the Norfolk Island Regional Council Declaration Ordinance 2016 of the Commonwealth.
29 At the end of section 496
Add:
(3) The Norfolk Island Regional Council is taken to have satisfied the requirement in subsection (1) while a levy is imposed under section 8 of the Waste Management Act 2003 of Norfolk Island.
30 At the end of section 497
Add:
; or (c) for an ordinary rate for a year ending before 1 July 2018—a base amount.
31 After subsection 499(3)
Insert:
(3A) Despite subsection (3), the appropriate base amount so specified for a year for which the rate consists only of a base amount is to form the whole of the rate levied on each separate parcel of rateable land subject to the rate.
Note: Paragraph 497(c) allows an ordinary rate for a year ending before 1 July 2018 to consist only of a base amount.
32 Section 500
Before “The amount”, insert “(1)”.
33 At the end of section 500
Add:
(2) Subsection (1) does not apply in relation to a year for which the rate consists only of a base amount.
Note: Paragraph 497(c) allows an ordinary rate for a year ending before 1 July 2018 to consist only of a base amount.
34 At the end of section 504
Add:
(4) This section does not apply to the Norfolk Island Regional Council while a levy is imposed under section 8 of the Waste Management Act 2003 of Norfolk Island.
35 At the end of Part 2 of Chapter 15
Add:
513A Minimum revenue to be raised from ordinary rates
Despite any other provision of this Act, an ordinary rate made for a year by the council must be such as to ensure that the total of ordinary rates levied on all rateable land for the year is at least:
(a) for the year ending on 30 June 2017—$500,000; and
(b) for the year ending on 30 June 2018 and any later year—$1,000,000.
36 Before paragraph 529(2)(a)
Insert:
(aa) for any category—according to the size of the parcel of land; or
37 At the end of paragraph 529(2)(d)
Add “or the kind of business”.
38 Section 532
Before “A council”, insert “(1)”.
39 At the end of section 532
Add:
(2) Subsection (1) does not apply to the making by the Norfolk Island Regional Council of a rate or charge for the year ending on 30 June 2017.
40 Section 533
Before “A rate”, insert “(1)”.
41 At the end of section 533
Add:
(2) Subsection (1) does not apply to a rate or charge made by the Norfolk Island Regional Council for the year ending on 30 June 2017.
42 At the end of section 536
Add:
(3) Despite subsection (1), the council is not required to have regard to matters relating to ad valorem rates in determining a base amount of a rate that consists only of a base amount.
43 Section 537
Before “In the”, insert “(1)”.
44 At the end of section 537
Add:
(2) Paragraph (1)(b) does not apply to a resolution for a rate for a year in relation to which subsection 500(1) does not apply.
45 At the end of section 610F
Add:
(5) If the Norfolk Island Regional Council proposes to determine an amount of a fee for the year ending on 30 June 2017:
(a) subsections (1), (2) and (3) do not apply in relation to the determination of the amount of the fee; and
(b) the council must not determine the amount of the fee until it has given public notice (in accordance with section 705) of the proposed amount for at least 28 days.
46 Schedule 1
Repeal the Schedule.
47 Dictionary
Insert:
final transition time has the same meaning as in item 356 of Schedule 2 to the Norfolk Island Legislation Amendment Act 2015 of the Commonwealth.
Preparatory Election Ordinance means the Norfolk Island Regional Council Preparatory Election Ordinance 2016 of the Commonwealth.
48 Dictionary (definition of Remuneration Tribunal)
Omit “this Act”, substitute “the Local Government Act 1993 as in force in New South Wales”.
Schedule 5—Amendment of the Long Service Leave Act 1955 (NSW)
Long Service Leave Act 1955 (NSW)
1 Subsection 3(1) (definition of Agreement)
Repeal the definition, substitute:
Agreement means any of the following:
(a) an enterprise agreement within the meaning of the Industrial Relations Act 1996;
(b) a fair work instrument under the Fair Work Act 2009 of the Commonwealth;
(c) a Norfolk Island employment contract entered into before 1 July 2016;
(d) a Norfolk Island enterprise agreement approved before 1 July 2016;
(e) a Norfolk Island wage determination made before 1 July 2016.
2 Subsection 3(1) (at the end of the definition of Award)
Add “or a fair work instrument under the Fair Work Act 2009 of the Commonwealth”.
3 Subsection 3(1) (at the end of the definition of Employer)
Add “in right of New South Wales”.
4 Subsection 3(1) (definition of Inspector)
Repeal the definition, substitute:
Inspector means a person appointed under section 8A.
5 Subsection 3(1)
Insert:
Norfolk Island employment contract means an employment contract to which Part 2 of the Employment Act 1988 of Norfolk Island applied at the time the contract was entered into and which has 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).
Norfolk Island enterprise agreement means an enterprise agreement approved under Part 11 of the Public Service Act 2014 of Norfolk Island which has 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).
Norfolk Island wage determination means a determination made under the Public Sector Remuneration Tribunal Act 1992 of Norfolk Island which has 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).
6 After section 3
Insert:
3A Modifications for Norfolk Island
Industrial Relations Commission
(1) A power or function conferred on the Industrial Relations Commission under this Act as in force in New South Wales is, to the extent permitted by the Commonwealth Constitution, conferred on the Fair Work Commission within the meaning of the Fair Work Act 2009 of the Commonwealth for the purposes of this Act as in force in the Territory of Norfolk Island.
(2) Subsection (1) does not apply to a power or function conferred by section 12.
Industrial organisation
(3) A reference to an industrial organisation includes a reference to an organisation registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth.
(4) A reference to an industrial organisation of employees includes a reference to an organisation of employees registered under the Fair Work (Registered Organisations) Act 2009 of the Commonwealth.
Local Court
(5) Jurisdiction in matters arising under this Act as in force in the Territory of Norfolk Island, and in which the Local Court has jurisdiction in relation to New South Wales, is, to the extent permitted by the Commonwealth Constitution, conferred on the Court of Petty Sessions of Norfolk Island.
6A Subsection 4(1)
Omit “Service with the employer before the commencement of this Act as well as service with the employer after such commencement shall be taken into account for the purposes of this section.”, substitute “The following service with the employer is taken into account for the purposes of this section:
(a) service on or after 1 July 2016;
(b) if, immediately before 1 July 2016, the worker was entitled under an agreement to leave in the nature of long service leave—service to which the agreement applied before 1 July 2016.”.
6B Subsection 4(4A)
Omit “appointed by the Governor as a public holiday to be observed generally throughout New South Wales”, substitute “that is a public holiday within the meaning of the Fair Work Act 2009 of the Commonwealth”.
6C Application provision
The amendments made by items 6A and 6B have effect from the start of 1 July 2016.
7 Sections 4A and 4B
Repeal the sections.
8 After section 8
Insert:
8A Appointment of inspectors
(1) The Minister may appoint eligible persons as inspectors for the purposes of this Act.
(2) The following persons are eligible to be appointed as inspectors:
(a) an APS employee within the meaning of the Public Service Act 1999 of the Commonwealth;
(b) an officer of a public or local authority (whether an authority of the Territory of Norfolk Island, of the Commonwealth or of another State or Territory);
(c) a person of a class prescribed by the regulations.
(3) A person appointed as an inspector ceases to hold that office if removed from that office by the Minister or if the person ceases to be eligible to be appointed as an inspector.
(4) An inspector has the functions conferred or imposed by or under this Act on inspectors appointed for the purposes of this Act.
(5) The Minister is to provide each inspector with a certificate of authority as an inspector.
(6) The functions of an inspector may be limited by the certificate of authority.
(7) An inspector is required to produce the certificate of authority:
(a) if requested to do so by the occupier of any premises the inspector enters; or
(b) if requested to do so by a person whom the inspector requires to produce anything or answer any questions.
Schedule 6—Amendment of the Public Health Act 2010 (NSW) and the Public Health Regulation 2012 (NSW)
Part 1—Amendment of the Public Health Act 2010 (NSW)
Public Health Act 2010 (NSW)
1A Subsection 5(1)
Insert:
Civil and Administrative Tribunal means the Administrative Review Tribunal of Norfolk Island.
District Court means the Supreme Court of Norfolk Island.
1B Subsection 5(1) (after paragraph (d) of the definition of hospital)
Insert:
(da) the Norfolk Island Health and Residential Aged Care Service Facility (within the meaning of the Norfolk Island Health and Residential Aged Care Service Act 1985 of Norfolk Island); or
1C Subsection 5(1)
Insert:
Local Court means the Court of Petty Sessions of Norfolk Island.
Supreme Court means the Supreme Court of Norfolk Island.
Tribunal means the Administrative Review Tribunal of Norfolk Island.
1 Subsection 6(1)
Omit all the words after “binds the Crown”, substitute “in each of its capacities”.
2 At the end of Part 1
Add:
6A Modifications for Norfolk Island
Courts
(3) Jurisdiction in matters arising under this Act as in force in the Territory of Norfolk Island is, to the extent permitted by the Commonwealth Constitution, conferred on:
(a) if the Supreme Court of New South Wales has jurisdiction in the matter in relation to New South Wales—the Supreme Court of Norfolk Island; and
(b) if the District Court of New South Wales has jurisdiction in the matter in relation to New South Wales—the Supreme Court of Norfolk Island; and
(c) if the Local Court of New South Wales has jurisdiction in the matter in relation to New South Wales—the Court of Petty Sessions of Norfolk Island.
Tribunals
(4) A power or function conferred on the Civil and Administrative Tribunal of New South Wales under this Act as in force in New South Wales is, to the extent permitted by the Commonwealth Constitution:
(a) conferred on the Administrative Review Tribunal of Norfolk Island for the purposes of this Act as in force in the Territory of Norfolk Island; and
(b) to be exercised or performed by the Administrative Review Tribunal of Norfolk Island in accordance with the Administrative Review Tribunal Act 1996 of Norfolk Island.
3 Subsection 7(6)
Omit “state of emergency exists under the State Emergency and Rescue Management Act 1989”, substitute “state of disaster or emergency is declared to exist under the Disaster and Emergency Management Act 2001 of Norfolk Island”.
3A Subsection 7(7)
Omit “an administrative review under the Administrative Decisions Review Act 1997”, substitute “a review under the Administrative Review Tribunal Act 1996 of Norfolk Island”.
4 Subsection 8(1)
Omit “state of emergency exists under the State Emergency and Rescue Management Act 1989 (the 1989 Act)”, substitute “state of disaster or emergency is declared to exist under the Disaster and Emergency Management Act 2001 of Norfolk Island (the 2001 Act)”.
5 Subsection 8(2)
Omit “the 1989 Act”, substitute “the 2001 Act”.
6 Subsection 8(6)
Omit “Division 4 of Part 2 of the 1989 Act”, substitute “the 2001 Act”.
7 Subsection 12(5)
Repeal the subsection, substitute:
(5) Payments under subsection (4) are to be made out of money appropriated by the Parliament of the Commonwealth.
7A Paragraph 24(1)(a)
Repeal the paragraph, substitute:
(a) the Commonwealth; or
(aa) a Minister of State of the Commonwealth; or
(ab) an official of a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 of the Commonwealth); or
(ac) the manager of the Norfolk Island Health and Residential Aged Care Service (within the meaning of the Norfolk Island Health and Residential Aged Care Service Act 1985 of Norfolk Island) or a person employed by the manager for the purposes of the Norfolk Island Health and Residential Aged Care Service; or
(ad) the Norfolk Island Regional Council; or
(ae) an employee of the Norfolk Island Regional Council; or
(af) the State of New South Wales; or
7B Before subsection 25(1)
Insert:
(1AA) This section does not apply in relation to the Territory of Norfolk Island until the start of 1 November 2018.
7C Before section 26
Insert:
25A Division does not apply until 1 October 2018
This Division does not apply in relation to the Territory of Norfolk Island until the start of 1 October 2018.
7D Before section 34
Insert:
33A Division does not apply until 1 November 2018
This Division does not apply in relation to the Territory of Norfolk Island until the start of 1 November 2018.
7E Section 48
Omit “an administrative review under the Administrative Decisions Review Act 1997”, substitute “a review under the Administrative Review Tribunal Act 1996 of Norfolk Island”.
7F Subsection 49(6)
Omit “an administrative review under the Administrative Decisions Review Act 1997”, substitute “a review under the Administrative Review Tribunal Act 1996 of Norfolk Island”.
7G Section 53
Omit “Registrar of Births, Deaths and Marriages”, substitute “Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963 of Norfolk Island)”.
7H At the end of section 64
Add:
(7) After making a decision under subsection (3), the Tribunal must ensure that copies of the decision and the written reasons for it are provided as soon as practicable to:
(a) the person subject to the public health order; and
(b) the person who made the public health order.
(8) Unless the Tribunal otherwise orders, a decision made under subsection (3) takes effect when a copy of the decision is provided to the person who made the public health order.
(9) This section applies to the exclusion of section 31 of the Administrative Review Tribunal Act 1996 of Norfolk Island.
7J At the end of section 65
Add:
(7) After making a decision under subsection (4), the Tribunal must ensure that copies of the decision and the written reasons for it are provided as soon as practicable to:
(a) the person subject to the public health order; and
(b) the person who applied to the Tribunal.
(8) Unless the Tribunal otherwise orders, a decision made under subsection (4) takes effect when a copy of the decision is provided to the person who applied to the Tribunal.
(9) This section applies to the exclusion of section 31 of the Administrative Review Tribunal Act 1996 of Norfolk Island.
7K Section 66
Omit “an administrative review under the Administrative Decisions Review Act 1997”, substitute “a review under the Administrative Review Tribunal Act 1996 of Norfolk Island”.
8 Subsections 71(2) and (3)
Omit “authorised warrants officer”, substitute “issuing officer”.
9 Subsection 71(5)
Repeal the subsection, substitute:
(5) In this section, issuing officer means:
(a) a Judge, or the registrar, of the Supreme Court of Norfolk Island; or
(b) a magistrate of the Court of Petty Sessions of Norfolk Island.
9A After subsection 73(3)
Insert:
(3A) After making a decision under subsection (2), the Tribunal must ensure that copies of the decision and the written reasons for it are provided as soon as practicable to:
(a) the person subject to the public health order; and
(b) the person who made the public health order.
(3B) Unless the Tribunal otherwise orders, a decision made under subsection (2) takes effect when a copy of the decision is provided to the person who made the public health order.
(3C) This section applies to the exclusion of section 31 of the Administrative Review Tribunal Act 1996 of Norfolk Island.
10 Subsection 85(1) (definition of primary school)
Repeal the definition, substitute:
primary school means:
(a) a public school within the meaning of the Education Act 1931 of Norfolk Island; or
(b) a private school within the meaning of that Act.
11 Subsection 107(1)
Omit “the Register kept under the Births, Deaths and Marriages Registration Act 1995”, substitute “a register kept under the Registration of Births, Deaths and Marriages Act 1963 of Norfolk Island”.
12 Subsection 107(2)
Omit “Registrar of Births, Deaths and Marriages is to make such arrangements as are necessary for the supply of information from the Register”, substitute “Registrar (within the meaning of the Registration of Births, Deaths and Marriages Act 1963 of Norfolk Island) is to make such arrangements as are necessary for the supply of information from a register referred to in subsection (1)”.
13 Subsections 109(1) and (2)
Omit “authorised warrants officer”, substitute “issuing officer”.
14 Subsection 109(3)
Repeal the subsection, substitute:
(3) Division 3 of Chapter 3 of the Criminal Procedure Act 2007 of Norfolk Island (other than subsections 56(1) and (2)) applies to a search warrant issued under this section as if:
(a) the search warrant had been issued under subsection 56(1) of that Act; and
(b) a reference in that Division to evidential material were a reference to a thing relevant to a contravention of this Act or the regulations, including such a thing in electronic form; and
(c) a reference in that Division to an offence were a reference to a contravention of this Act or the regulations.
15 Subsection 109(4)
Omit “section 71 of the Law Enforcement (Powers and Responsibilities) Act 2002”, substitute “section 58 of the Criminal Procedure Act 2007 of Norfolk Island”.
16 Subsection 109(5)
Repeal the subsection, substitute:
(5) In this section, issuing officer means:
(a) a Judge, or the registrar, of the Supreme Court of Norfolk Island; or
(b) a magistrate of the Court of Petty Sessions of Norfolk Island.
16A Subsection 118(3)
Repeal the subsection.
16B Subsection 118(5)
Omit “Act”, substitute “law”.
16C After section 118
Insert:
118A Effect of payment under penalty notice
(1) If the full amount specified in a penalty notice issued under section 118 for an alleged offence is paid in accordance with the notice, no person is liable to any further proceedings for the alleged offence.
(2) Payment under a penalty notice issued under section 118 is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice, any civil claim, action or proceeding arising out of the same occurrence.
(3) This section does not affect any disciplinary or other proceedings, or liability, to which a person is expressly subject under another law in relation to the payment of an amount under a penalty notice.
17 Section 121
After “part of the State”, insert “(which may be the whole of the State)”.
18 Section 125
After “NSW Health Service”, insert “, to the manager of the Norfolk Island Health and Residential Aged Care Service (within the meaning of the Norfolk Island Health and Residential Aged Care Service Act 1985 of Norfolk Island) or to a person employed by the manager for the purposes of the Norfolk Island Health and Residential Aged Care Service”.
19 After subsection 126(1)
Insert:
(1A) The Secretary may appoint:
(a) the manager of the Norfolk Island Health and Residential Aged Care Service (within the meaning of the Norfolk Island Health and Residential Aged Care Service Act 1985 of Norfolk Island); or
(b) a person employed by the manager for the purposes of the Norfolk Island Health and Residential Aged Care Service;
to be an authorised officer, either generally or in relation to any particular function exercisable by authorised officers under this or any other Act relating to public health.
20 Subsection 132(1)
After “brought against”, insert “the Commonwealth or any authority of the Commonwealth, or”.
Part 2—Amendment of the Public Health Regulation 2012 (NSW)
Public Health Regulation 2012 (NSW)
21 Subclause 3(1) (definition of correctional centre)
Repeal the definition, substitute:
correctional centre means:
(a) a police station or a court cell complex in which an offender is held in custody; or
(b) a detention centre within the meaning of the Sentencing Act 2007 of Norfolk Island.
21A Before clause 4
Insert:
3A Part does not apply until 1 October 2018
This Part does not apply in relation to the Territory of Norfolk Island until the start of 1 October 2018.
21B Subclause 5(2)
Omit “an owners corporation (within the meaning of the Strata Schemes Management Act 1996)”, substitute “a body corporate (within the meaning of the Community Title Act 2015 of Norfolk Island)”.
21C Subclause 6(4)
Omit “An application for an approval by the Secretary is to be accompanied by a fee of $176.”.
21D Before clause 14
Insert:
13A Part does not apply until 1 November 2018
This Part does not apply in relation to the Territory of Norfolk Island until the start of 1 November 2018.
21E Before clause 34
Insert:
33A Part does not apply until 1 November 2018
This Part does not apply in relation to the Territory of Norfolk Island until the start of 1 November 2018.
21F Paragraph 44A(1)(b)
Repeal the paragraph, substitute:
(b) an enduring parental responsibility order (within the meaning of the Child Welfare Act 2009 of Norfolk Island) is in force in relation to the child; or
(ba) the child welfare officer has parental responsibility for the child under the Child Welfare Act 2009 of Norfolk Island (whether or not the parental responsibility is being exercised by another person on behalf of the child welfare officer); or
22 Paragraph 44A(1)(d)
Omit “state of emergency is declared to exist under the State Emergency and Rescue Management Act 1989”, substitute “state of disaster or emergency is declared to exist under the Disaster and Emergency Management Act 2001 of Norfolk Island”.
23 Clause 48
After “part of the State concerned”, insert “(which may be the whole of the State)”.
24 Clause 49 (definition of coroner)
Omit “Coroners Act 2009”, substitute “Coroners Act 1993 of Norfolk Island”.
25 Clause 49 (definition of exhumation)
Omit “in accordance with section 55 (4) of the Cemeteries and Crematoria Act 2013”.
26 Subclauses 54(3) and 59(3)
Omit “Coroners Act 2009”, substitute “Coroners Act 1993 of Norfolk Island”.
27 Subclause 70(3)
Omit “issued under the Births, Deaths and Marriages Registration Act 1995”, substitute “an extract from the Register of Deaths kept under the Registration of Births, Deaths and Marriages Act 1963 of Norfolk Island”.
28 Paragraphs 81(1)(c) and (2)(c)
Repeal the paragraphs, substitute:
(c) if the death is not one in relation to which an inquest may be held under the Coroners Act 1993 of Norfolk Island; and
29 Paragraph 82(2)(a)
Repeal the paragraph, substitute:
(a) an inquest may be held in relation to the death under the Coroners Act 1993 of Norfolk Island; or
30 Subclause 83(1)
Omit “whose death is examinable under the Coroners Act 2009 by the coroner”, substitute “in relation to whose death an inquest may be held under the Coroners Act 1993 of Norfolk Island”.
31 Clause 14 of Schedule 3
Omit “and the Health Records and Information Privacy Act 2002”.
32 At the end of paragraph 17(3)(c) of Schedule 3
Add “or the St John Ambulance of Norfolk Island”.
