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Applied laws may be amended or repealed by an Ordinance made under section 19A of the Norfolk Island Act 1979 or by a law made under such an Ordinance.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 The items continue in effect according to their terms from time to time and may be amended or repealed by subsequent Ordinances or by rules made under this Ordinance.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 industrial relations law means any of the following applied laws:
(a) the Anti‑Discrimination Act 1977 (NSW);
(b) the First State Superannuation Act 1992 (NSW);
(c) the Government Information (Public Access) Act 2009 (NSW);
(d) the Government Sector Employment Act 2013 (NSW);
(e) the Industrial Relations Act 1996 (NSW);
(f) the Public Finance and Audit Act 1983 (NSW);
(g) the Superannuation Administration Act 1996 (NSW);
(h) the Teaching Service Act 1980 (NSW);
(i) the Workers Compensation Act 1987 (NSW);
(j) the Work Health and Safety Act 2011 (NSW);
(k) the Workplace Injury Management and Workers Compensation Act 1998 (NSW);
(l) legislation made under a law referred to in any of the preceding paragraphs.
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) Subject to section 6A, 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.
6A Interpretation and application of applied industrial relations laws
(1) Subject to this section, the Interpretation Act 1987 (NSW) applies, without the amendments made by this Ordinance, in relation to an applied industrial relations law.
(2) A reference in an applied industrial relations law to New South Wales in a geographical sense, however expressed, is taken to include a reference to the Territory.
(3) The following provisions of the Interpretation Act 1987 (NSW), as amended by this Ordinance, apply in relation to an applied industrial relations law:
(a) section 38D (special rules relating to the Parliament);
(b) section 53B (establishment or appointment of statutory bodies);
(c) section 75A (publication in Territory or Commonwealth Gazette).
(4) An applied industrial relations law applies, in the Territory, only in relation to the following:
(a) an officer or employee of New South Wales;
(b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979);
(c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979);
and only 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.
(5) An applied industrial relations law that provides for the appointment of a person to an office or position, or the removal or suspension of a person from an office or position, is not taken to require the appointment, removal or suspension of a person in the Territory separately from the appointment, removal or suspension of the person in New South Wales.
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) subject to subitem (3), ending immediately before the start of 1 July 2021.
Legislation of New South Wales that has not been suspended |
Name of Act |
Health Services Act 1997 |
Interpretation Act 1987 |
Local Government Act 1993 |
Long Service Leave Act 1955 |
Note: Because the legislation specified in this table was never suspended in the Territory, it started to apply in the Territory on 1 July 2016 (the day section 18A of the Norfolk Island Act 1979 commenced).
(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.
(3) The period for which the operation of an Act specified in column 1 of the following table, and any legislation made under that Act, is suspended in the Territory ends at the start of the day specified in column 2 of the table.
Legislation of New South Wales that is not suspended |
Column 1 | Column 2 | Column 3 |
Name of Act | End of period of suspension | Date/Details |
Anti‑Discrimination Act 1977 | The industrial relations laws application day. | 22 March 2018 |
Crimes (Domestic and Personal Violence) Act 2007 | The day the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018 commences. | 29 September 2018 |
Education Act 1990 | The industrial relations laws application day. | 22 March 2018 |
Education Standards Authority Act 2013 | The industrial relations laws application day. | 22 March 2018 |
First State Superannuation Act 1992 | The industrial relations laws application day. | 22 March 2018 |
Government Information (Public Access) Act 2009 | The industrial relations laws application day. | 22 March 2018 |
Government Sector Employment Act 2013 | The industrial relations laws application day. | 22 March 2018 |
Industrial Relations Act 1996 | The industrial relations laws application day. | 22 March 2018 |
Law Enforcement (Powers and Responsibilities) Act 2002 | The day the Norfolk Island Legislation Amendment (Protecting Vulnerable People) Ordinance 2018 commences. | 29 September 2018 |
Public Finance and Audit Act 1983 | The industrial relations laws application day. | 22 March 2018 |
Public Health Act 2010 | 20 January 2017. | 20 January 2017 |
Superannuation Administration Act 1996 | The industrial relations laws application day. | 22 March 2018 |
Teaching Service Act 1980 | The industrial relations laws application day. | 22 March 2018 |
Workers Compensation Act 1987 | The industrial relations laws application day. | 22 March 2018 |
Work Health and Safety Act 2011 | The industrial relations laws application day. | 22 March 2018 |
Workplace Injury Management and Workers Compensation Act 1998 | The industrial relations laws application day. | 22 March 2018 |
(4) Any information in column 3 of the table in subitem (3) is not part of this Ordinance. Information may be inserted in this column, or information in it may be edited, in any published version of this Ordinance.
(5) In this item:
industrial relations laws application day means the day Schedule 1 to the Norfolk Island Legislation Amendment (Public Sector Employment and Education) Ordinance 2018 commenced.
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.
(3) 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 an applied industrial relations law.
Schedule 1A—Amendment of the Anti‑Discrimination Act 1977 (NSW)
Anti‑Discrimination Act 1977 (NSW)
1 After paragraph 54(1)(b)
Insert:
(ba) any other law in force in the Territory of Norfolk Island;
2 Paragraph 119(1)(d)
Repeal the paragraph.
3 Sections 121, 122, 122U and 122V
Repeal the sections.
4 Subsection 122X(1)
Omit “122V or”.
Schedule 1AAA—Amendment of the Crimes (Domestic and Personal Violence) Act 2007 (NSW) and the Crimes (Domestic and Personal Violence) Regulation 2014 (NSW)
Crimes (Domestic and Personal Violence) Act 2007 (NSW)
1 Subsection 3(1)
Insert:
Australian legal practitioner means:
(a) a barrister; or
(b) a solicitor; or
(c) a barrister and solicitor.
2 Subsection 3(1) (definition of authorised officer)
Repeal the definition, substitute:
authorised officer means a Magistrate.
3 Subsection 3(1) (definition of Children’s Magistrate)
Repeal the definition.
4 Subsection 3(1)
Insert:
Commissioner of Police means the police officer in charge in Norfolk Island.
5 Subsection 3(1) (definition of court)
Repeal the definition, substitute:
court means the Court of Petty Sessions exercising jurisdiction under section 91.
Note 1: To exercise jurisdiction, the court must be constituted by the Chief Magistrate or 3 Magistrates: see section 8 of the Court of Petty Sessions Act 1960 of Norfolk Island.
Note 2: In some sections, court is given a different meaning.
6 Subsection 3(1)
Insert:
Court of Petty Sessions means the Court of Petty Sessions of Norfolk Island.
Magistrate means a Magistrate of the Court of Petty Sessions.
Norfolk Island means the Territory of Norfolk Island.
7 Subsection 3(1) (definition of Registrar)
Repeal the definition, substitute:
Registrar means a Magistrate.
Note: In some sections, Registrar is given a different meaning.
8 Subsection 3(1)
Insert:
Secretary of the Department of Family and Community Services means the child welfare officer appointed under section 24 of the Child Welfare Act 2009 of Norfolk Island.
Supreme Court means the Supreme Court of Norfolk Island.
9 Subsection 3(4)
Omit “section 10 of the Crimes (Sentencing Procedure) Act 1999”, substitute “section 10 or 11 of the Sentencing Act 2007 of Norfolk Island”.
10 Paragraph 4(a)
Repeal the paragraph, substitute:
(a) an offence against any of the following provisions of the Criminal Code 2007 of Norfolk Island:
(i) Part 3.1 (unlawful killing) or 3.3 (endangering life and health), other than section 88 (culpable driving);
(ii) Part 3.4 (offences concerning children), other than section 103 (concealment of birth);
(iii) Part 3.6 (sexual offences);
(iv) section 122 (using child for production of child pornography) or 125 (using the internet, etc. to deprave young people);
(v) Part 3.9 (female genital mutilation);
(vi) section 138 (sexual servitude);
(vii) Division 3.11.2 (criminal damage to property) or 3.11.4 (causing public alarm);
(viii) section 186, 187, 188 or 189 (robbery and burglary offences);
(ix) Part 4.5 (blackmail) or 5.1 (property damage), other than section 261 (causing bushfires);
(x) section 271 (unauthorised access, modification or impairment of computer data with intent to commit serious offence), to the extent that the serious offence referred to in that section is an offence against any of the other provisions covered by this paragraph or against section 13 of this Act;
(xi) section 358 or 359 (possession of offensive weapons and disabling substances) or 360 (possession of knife in public place or school); or
11 Paragraph 4(b1)
Repeal the paragraph.
12 Paragraph 4(c)
Omit “, (b) or (b1)”, substitute “or (b)”.
13 Subsection 9(3)
Omit “Parliament recognises”, substitute “the following are recognised”.
14 Paragraphs 9(3)(a) to (f1)
Omit “and” (last occurring).
15 Sections 21 and 24A
Repeal the sections.
16 Subsection 28(2)
Repeal the subsection.
17 Subsection 28A(3)
Omit “Local Area Commander of Police at which the defendant may serve an application”, substitute “court to which the defendant may apply”.
18 Paragraph 29(3)(a)
Omit “on a domestic violence list at”, substitute “for hearing by”.
19 Subsection 33A(4)
Omit “Local Area Commander of Police”, substitute “Commissioner of Police”.
20 Subsection 39(3) (definition of court)
Repeal the definition, substitute:
court includes the Supreme Court.
21 Subsection 40(4)
Omit “District Court or the Supreme Court in respect of a serious offence is admissible in the Local Court or Children’s Court”, substitute “Supreme Court in respect of a serious offence is admissible in the Court of Petty Sessions”.
22 Subsection 40(4A)
Omit “the District Court and”.
23 Paragraph 40(5)(b)
Omit “, manslaughter or an offence under section 25A of the Crimes Act 1900”, substitute “or manslaughter”.
24 Paragraph 40(5)(c)
Repeal the paragraph, substitute:
(c) an offence against section 77, 78, 79, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118 or 119 of the Criminal Code 2007 of Norfolk Island; or
25 Paragraph 40(5)(f)
Omit “another State or a Territory”, substitute “a State or another Territory”.
26 Subsections 40A(1) and (2)
Omit “Children’s Court”, substitute “court”.
27 Subsection 40A(2)
Omit “the Court”, substitute “the court”.
28 Subsection 40A(3)
Omit “Children’s Court”, substitute “court”.
29 Subsection 40A(3)
Omit “the Court”, substitute “the court”.
30 Subsection 40A(4)
Omit “Children’s Court”, substitute “court”.
31 Subsection 40A(5)
Omit “Children’s Court”, substitute “court”.
32 Subsection 40A(8)
Repeal the subsection, substitute:
(8) Chapter 7 of the Child Welfare Act 2009 of Norfolk Island (about appeals) applies in relation to an apprehended violence order made under this section as if the order had been made under Chapter 5 of that Act.
33 Subsection 40A(9) (definition of care proceedings)
Repeal the definition, substitute:
care proceedings means proceedings relating to an application for a care and protection order as defined in section 59 of the Child Welfare Act 2009 of Norfolk Island.
34 Subsection 40A(9) (definition of relative)
Repeal the definition, substitute:
relative of a child means a person who would be the relative of the child under the Children and Young Persons (Care and Protection) Act 1998 if paragraph (d) of the definition of relative in subsection 3(1) of that Act referred to the Adoption of Children Act 1932 of Norfolk Island (instead of the Adoption Act 2000).
35 Subsection 41(5)
Omit “Divisions 3 and 4 of Part 6 of Chapter 6 of the Criminal Procedure Act 1986”, substitute “Chapter 6 of the Criminal Procedure Act 2007 of Norfolk Island”.
36 Subsection 41(6)
Omit “Division 3 of Part 6 of Chapter 6 of the Criminal Procedure Act 1986”, substitute “Chapter 6 of the Criminal Procedure Act 2007 of Norfolk Island”.
37 Subsection 41(6)
Omit “criminal proceedings”, substitute “proceedings mentioned in that Chapter”.
38 Subsection 45(7)
Omit “District Court” (wherever occurring), substitute “Supreme Court”.
39 Subsection 45(8) (definition of court)
Repeal the definition, substitute:
court includes the Supreme Court.
40 Section 47
Repeal the following definitions:
(a) definition of authorised officer;
(b) definition of court;
(c) definition of Magistrate.
41 Section 47 (definition of rules)
Repeal the definition, substitute:
rules means rules of court relating to the Court of Petty Sessions made under the Court of Petty Sessions Act 1960 of Norfolk Island or the Court Procedures Act 2007 of Norfolk Island.
42 Paragraph 48(2)(a1)
Omit “, in the case of a person in respect of whom a guardianship order within the meaning of the Guardianship Act 1987 is in force”.
43 Subsection 48(7)
Omit “, 78(1) and 84(6)”, substitute “and 78(1)”.
44 Subsection 53(8)
Repeal the subsection.
45 Section 55
After “the rules” (wherever occurring), insert “(if any)”.
46 Sections 70 and 71
Repeal the sections, substitute:
71 Warrants of arrest and warrants of commitment
Division 5 of Chapter 3 of the Criminal Procedure Act 2007 of Norfolk Island applies, with any necessary modifications, in relation to a warrant of arrest, or warrant of commitment, issued under this Act.
47 Section 72
Insert:
court means:
(a) in relation to:
(i) an application involving a final apprehended violence order made by the Supreme Court; or
(ii) a final apprehended violence order made by the Supreme Court;
the Supreme Court; or
(b) in relation to:
(i) an application involving an order made by the Court of Petty Sessions or a Magistrate; or
(ii) a final apprehended violence order made by the Court of Petty Sessions; or
(iii) an interim court order made by the Court of Petty Sessions or a Magistrate;
the Court of Petty Sessions.
48 Section 72 (paragraph (b) of the definition of interested party)
Omit “, in the case of a protected person in respect of whom a guardianship order within the meaning of the Guardianship Act 1987 is in force”.
49 Paragraph 72B(2)(b)
Omit “Children and Young Persons (Care and Protection) Act 1998”, substitute “Child Welfare Act 2009 of Norfolk Island”.
50 Subsection 75(2) (definition of court)
Omit “District Court”, substitute “Supreme Court”.
51 Before section 76
Insert:
75A Definition of court
In this Division:
court, in relation to the making, variation or revocation of an order, means a court that is empowered by a provision of this Act outside this Division to make, vary or revoke (as appropriate) the order.
Note: Provisions outside this Division empower the Court of Petty Sessions to make, vary or revoke orders of all kinds mentioned in this Division. Provisions outside this Division empower the Supreme Court, in limited circumstances involving serious offences, to make or vary a final apprehended violence order or an interim court order.
52 At the end of section 77
Add:
(9) Despite section 3, in this section:
Registrar means:
(a) in relation to the Supreme Court—the Registrar of the Supreme Court; or
(b) in relation to the Court of Petty Sessions—the Clerk of the Court of Petty Sessions.
53 Subsection 78(4)
Repeal the subsection.
54 Section 83
Repeal the section, substitute:
83 Application of the Bail Act 2005 of Norfolk Island
If:
(a) an application for a final apprehended violence order or interim court order is made; and
(b) the defendant:
(i) is arrested under a warrant issued under this Act; or
(ii) first appears before a court in answer to a direction to appear given under this Act;
the Bail Act 2005 of Norfolk Island applies to the defendant as if the defendant were an accused person charged with an offence.
55 Section 84
Repeal the section, substitute:
84 Appeals relating to apprehended violence orders
(1) An appeal may be made to the Supreme Court:
(a) by the defendant against the making of a final apprehended violence order by the Court of Petty Sessions; or
(b) by the applicant for a final apprehended violence order (or, if the applicant was a police officer, by either the applicant or the person for whose protection the order would have been made) against the dismissal of the application by the Court of Petty Sessions; or
(c) by the applicant for an apprehended violence order or a defendant against the awarding of costs under section 99; or
(d) by a party to an apprehended violence order against the variation or revocation of the order by the Court of Petty Sessions; or
(e) by a party to an apprehended violence order against a refusal by the Court of Petty Sessions to vary or revoke the order; or
(f) by a party to a non‑local domestic violence order against the variation or revocation of the order by the Court of Petty Sessions or against a refusal of the Court of Petty Sessions to vary or revoke the order.
(2) Sections 231, 232 and 234 of the Court of Petty Sessions Act 1960 of Norfolk Island apply in relation to an appeal under this section in the same way as they apply in relation to an appeal under section 229 of that Act.
56 Subsection 85(2)
Omit “original court”, substitute “Court of Petty Sessions”.
57 Subsection 85(3)
Omit “District Court”, substitute “Supreme Court”.
58 Subsection 85(4)
Omit “of this Act and section 63 of the Crimes (Appeal and Review) Act 2001”.
59 Subsection 85(5)
Omit “section 14 of the Bail Act 2013”, substitute “the Bail Act 2005 of Norfolk Island”.
60 Subsection 85(5)
Omit “Bail Act 2013” (second occurring), substitute “Bail Act 2005 of Norfolk Island”.
61 Subsection 85(6)
Repeal the subsection.
62 Subsection 86(2)
Omit “Civil Procedure Act 2005”, substitute “Court Procedures Act 2007 of Norfolk Island or the Court of Petty Sessions Act 1960 of Norfolk Island”.
63 Subsection 86(3)
Omit “legal costs legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014)”, substitute “Legal Profession Act 1993 of Norfolk Island”.
64 Subsection 87(1)
Omit “Local Court or the President of the Children’s Court”, substitute “Court of Petty Sessions”.
65 Paragraph 87(1)(b)
Omit “by means of an ECM system within the meaning of the Electronic Transactions Act 2000”, substitute “electronically”.
66 Subsection 87(2)
Omit “court’s internet website”, substitute “internet”.
67 Subsections 91(1) to (4)
Repeal the subsections, substitute:
(1) To the extent permitted by the Commonwealth Constitution, jurisdiction is conferred on the Court of Petty Sessions in the matters of making, varying and revoking orders and determining applications under this Act.
68 Sections 92 and 93
Repeal the sections, substitute:
92 Jurisdiction of Supreme Court under this Act
(1) To the extent permitted by the Commonwealth Constitution, jurisdiction is conferred on the Supreme Court in any matter in relation to which this Act expressly or impliedly:
(a) permits proceedings to be instituted in that court; or
(b) provides for that court to make, vary or revoke an order (however described).
(2) The jurisdiction conferred is to be exercised as criminal jurisdiction of the Supreme Court.
69 Section 94 (definition of appropriate court)
Repeal the definition, substitute:
appropriate court, in relation to an external protection order, means the Court of Petty Sessions.
70 Section 94 (paragraphs (b) and (c) of the definition of external protection order)
Omit “another State or Territory”, substitute “a State, another Territory”.
71 Section 94
Insert:
Registrar means the Clerk of the Court of Petty Sessions.
72 Paragraph 96(1)(b)
Omit “(or a Children’s Magistrate if the appropriate court is the Children’s Court)”.
73 Subsection 96(2)
Repeal the subsection, substitute:
(2) On the referral of an external protection order, the Magistrate may do either or both of the following:
(a) vary the period during which the order has effect in its operation in Norfolk Island;
(b) make such other adaptations or modifications to the order as the Magistrate considers necessary or desirable for its effective operation in Norfolk Island.
74 Subsections 97(2) and (2A)
Omit “New South Wales”, substitute “Norfolk Island”.
75 Paragraphs 98(2)(a) and (b) and (3)(a) and (b)
Omit “New South Wales”, substitute “Norfolk Island”.
76 Subsection 98(7)
Omit “New South Wales”, substitute “Norfolk Island”.
77 Section 98A (at the end of the definition of agency)
Add:
; or (c) an agency within the meaning of the Privacy Act 1988 of the Commonwealth; or
(d) an organisation within the meaning of the Privacy Act 1988 of the Commonwealth.
78 Section 98A
Repeal the following definitions:
(a) definition of central referral point;
(b) definition of local co‑ordination point.
79 Section 98A
Insert:
nominated non‑government support service means a non‑government support service nominated by the Norfolk Island Minister.
80 Section 98A (definition of privacy legislation)
Repeal the definition.
81 Section 98A (definition of support agency)
Omit “and includes the central referral point and each local co‑ordination point”.
82 Subsection 98C(1)
Omit “(1)”.
83 Subsection 98C(2)
Repeal the subsection.
84 Subsection 98D(2)
Omit “the central referral point or a local co‑ordination point”, substitute “a support agency or nominated non‑government support service”.
85 Section 98E (heading)
Repeal the heading, substitute:
98E Disclosure by Court of Petty Sessions
86 Subsections 98E(1) and (2)
Omit “Local Court”, substitute “Court of Petty Sessions”.
87 Subsection 98E(2)
Omit “the central referral point”, substitute “a support agency or a nominated non‑government support service”.
88 Sections 98F and 98G
Repeal the sections.
89 Section 98H (heading)
Repeal the heading, substitute:
98H Support agencies and nominated non‑government support services
90 At the end of section 98H
Add:
(4) This section applies to a nominated non‑government support service in the same way as it applies to a support agency.
91 Subsection 98K(1)
Repeal the subsection.
92 Subsection 98K(2)
Omit “(2)”.
93 Subsection 98K(2)
Omit “, including the privacy legislation or the Government Information (Public Access) Act 2009”.
94 Subsection 98L(1)
Omit “(1)”.
95 Subsection 98L(1)
Omit “, despite the privacy legislation,”.
96 Subsection 98L(2)
Repeal the subsection.
97 Subsection 98M(2)
Omit “, despite the privacy legislation,”.
98 Subsection 98O(4)
Repeal the subsection.
99 Sections 98P and 98Q
Repeal the sections.
100 Section 98S
Before “In this Part:”, insert “(1)”.
101 Section 98S (paragraph (a) of the definition of participating jurisdiction)
Repeal the paragraph, substitute:
(a) Norfolk Island;
102 At the end of section 98S
Add:
(2) To avoid doubt, a reference in this Part to a law of Norfolk Island includes a reference to an applied law.
103 After paragraph 98U(1)(a)
Insert:
(aa) an apprehended domestic violence order, or an interim apprehended domestic violence order, under the Crimes (Domestic and Personal Violence) Act 2007 of New South Wales;
104 After paragraph 98V(a)
Insert:
(aa) a registered external protection order under Part 13 of the Crimes (Domestic and Personal Violence) Act 2007 of New South Wales that has been made to prevent a person acting in a manner specified in section 16 of that Act; or
105 Sections 98Y, 98Z, 98ZA, 98ZB, 98ZD, 98ZE, 98ZF, 98ZG and 98ZH
Omit “New South Wales” (wherever occurring), substitute “Norfolk Island”.
106 Subsection 98ZI(2)
Omit “Commissioner of Police”, substitute “issuing officer (within the meaning of the Firearms and Prohibited Weapons Act 1997 of Norfolk Island)”.
107 Subsection 98ZI(4) (definition of local firearms licence)
Omit “Firearms Act 1996”, substitute “Firearms and Prohibited Weapons Act 1997 of Norfolk Island”.
108 Subsection 98ZI(4) (definition of non‑local firearms licence)
Omit “Firearms Act 1996”, substitute “Firearms and Prohibited Weapons Act 1997 of Norfolk Island”.
109 At the end of subsection 98ZJ(1)
Add:
Note: Section 45D of the Firearms and Prohibited Weapons Act 1997 of Norfolk Island requires the Administrator of Norfolk Island to refuse to issue a local weapons permit to, and revoke a local weapons permit previously issued to, a person disqualified by this subsection from holding a local weapons permit.
110 Subsection 98ZJ(2)
Repeal the subsection.
111 Subsection 98ZJ(4) (definition of local weapons permit)
Omit “the Weapons Prohibition Act 1998”, substitute “section 45D of the Firearms and Prohibited Weapons Act 1997 of Norfolk Island”.
112 Subsection 98ZJ(4) (definition of non‑local weapons permit)
Omit “Weapons Prohibition Act 1998”, substitute “Firearms and Prohibited Weapons Act 1997 of Norfolk Island”.
113 Sections 98ZK, 98ZL, 98ZM, 98ZP, 98ZQ and 98ZR
Omit “New South Wales” (wherever occurring), substitute “Norfolk Island”.
114 Subsection 98ZT(1)
Omit “New South Wales” (wherever occurring), substitute “Norfolk Island”.
115 Subsection 98ZT(5) (definition of authorised officer of New South Wales)
Repeal the definition.
116 Subsection 98ZT(5)
Insert:
authorised officer of Norfolk Island means:
(a) a Magistrate; or
(b) the Registrar, or a Deputy Registrar, of the Supreme Court; or
(c) the Clerk, or Deputy Clerk, of the Court of Petty Sessions; or
(d) a member or special member of the Australian Federal Police of or above the rank of sergeant.
Note: This definition of authorised officer differs from that used in the rest of this Act and from the definition of authorised officer in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) (NI).
117 Section 98ZTA
Omit “New South Wales” (wherever occurring), substitute “Norfolk Island”.
118 Division 6 of Part 13B (heading)
Repeal the heading, substitute:
Division 6—Application and transitional provisions
119 Section 98ZU
Omit “commences”, substitute “comes into force in Norfolk Island”.
120 Section 98ZV
Repeal the section.
121 Section 98ZW
Repeal the section.
122 Subsection 98ZX(4)
Omit “New South Wales”, substitute “Norfolk Island”.
123 Paragraph 98ZY(1)(a)
Omit “registrar of a court of New South Wales to be a recognised DVO in New South Wales”, substitute “Magistrate to be a recognised DVO in Norfolk Island”.
124 Subsections 98ZY(2) and 98ZZ(3)
Omit “New South Wales”, substitute “Norfolk Island”.
125 Section 98ZZA (definition of registrar)
Omit “registrar of a court of New South Wales that has power to make a local DVO”, substitute “Magistrate”.
126 Subsections 98ZZB(1), (2) and (6) and 98ZZC(1)
Omit “New South Wales”, substitute “Norfolk Island”.
127 Subdivision 5 of Division 6 of Part 13B
Repeal the Subdivision.
128 Subsection 99(9)
Omit “State”, substitute “Commonwealth”.
129 Section 104
Repeal the section.
Crimes (Domestic and Personal Violence) Regulation 2014 (NSW)
130 Form 1 in Schedule 1
Omit “Local Court or Children’s Court of NSW”, substitute “Court of Petty Sessions of Norfolk Island”.
131 Form 2 in Schedule 1
Omit “Local Court or Children’s Court of NSW”, substitute “Court of Petty Sessions of Norfolk Island”.
132 Form 2 in Schedule 1 (paragraph 6(b) under the heading “Orders about family law and parenting”)
Omit “or court‑approved”.
Schedule 1AA—Amendment of the Education Act 1990 (NSW)
Education Act 1990 (NSW)
1 Subsection 3(1)
Insert:
Children’s Court means the Court of Petty Sessions of Norfolk Island.
2 Subsection 3(1) (at the end of the definition of government school)
Add “, or the Norfolk Island Central School”.
3 Subsection 3(1)
Insert:
Local Court means the Court of Petty Sessions of Norfolk Island.
NSW Education Act means the Education Act 1990 as in force in New South Wales from time to time.
4 Subsection 3(1) (definition of overseas student)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
5 Subsection 3(1) (definition of relevant institution)
After “registered vocational training organisation”, insert “, any public health organisation (within the meaning of the Health Services Act 1997 (NSW) (NI)), the Police Force of Norfolk Island, the Norfolk Island Regional Council”.
6 Subsection 3(1)
Insert:
Supreme Court means the Supreme Court of Norfolk Island.
7 Subsection 3(1) (definition of Tribunal)
Repeal the definition, substitute:
Tribunal means the Administrative Review Tribunal of Norfolk Island.
8 At the end of Part 1
Add:
3A 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 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; and
(d) if the Children’s 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
(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.
3B Norfolk Island Central School
For the purposes of any applied law, the Norfolk Island Central School is taken to be a government school and to be established under this Act.
9 Section 4
Omit “In enacting this Act, Parliament has had regard to the following principles”, substitute “This Act is based on the following principles”.
10 Paragraphs 4(c) and (d)
Repeal the paragraphs, substitute:
(c) every child should receive an education of the highest quality.
11 Paragraph 5(c)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
12 Subsection 6(1)
Omit “It is the intention of Parliament that every person concerned in the administration of this Act or of education for children of school‑age in New South Wales”, substitute “Every person concerned in the administration of this Act or of education for children of school‑age in the Territory of Norfolk Island”.
13 Subsection 6(1A)
Omit “It is the intention of Parliament that the”, substitute “The”.
14 Subsection 18A(1) (definition of relevant national agreement)
Omit “the State”, substitute “New South Wales”.
15 Subsection 18A(2)
Omit “the State”, substitute “New South Wales”.
16 Subsection 18A(4)
Omit “this State”, substitute “New South Wales or the Territory of Norfolk Island”.
17 Paragraph 18A(4)(a)
After “particular schools”, insert “that include a school in the Territory of Norfolk Island”.
18 Paragraph 18A(4)(b)
After “a school”, insert “in the Territory of Norfolk Island”.
19 Subsection 18A(7)
Omit “the State”, substitute “New South Wales”.
20 Subsection 18A(7)
Omit “a State”, substitute “a New South Wales”.
21 Paragraph 19(f)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
22 Subsection 20(3)
Repeal the subsection, substitute:
(3) Payments of financial assistance under this section are to be made out of money appropriated by the Parliament of the Commonwealth.
23 Paragraph 20A(2)(k)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
24 Subparagraph 20A(2)(r)(iv)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
25 At the end of subsection 20A(3)
Add “and schools in the Territory of Norfolk Island”.
26 After subsection 21B(1)
Insert:
(1A) Despite anything else in this section, a child who is of or above the age of 15 years is not of compulsory school‑age if:
(a) the child:
(i) turned 15 before 1 January 2018; and
(ii) was in 2017 enrolled in Year 9, 10, 11 or 12 of secondary education at the Norfolk Island Central School; or
(b) the child:
(i) turned 15 before 1 January 2017; and
(ii) before turning 15, was enrolled at the Norfolk Island Central School.
27 Subsection 22C(8)
Omit “care proceedings under Chapter 5 of the Children and Young Persons (Care and Protection) Act 1998”, substitute “proceedings relating to an application for a care and protection order under Chapter 5 of the Child Welfare Act 2009 of Norfolk Island”.
28 Paragraph 22D(5)(a)
Omit “Chapter 6 of the Children and Young Persons (Care and Protection) Act 1998 applies”, substitute “Chapter 3 and section 143 of the Child Welfare Act 2009 of Norfolk Island apply”.
29 Subsections 22D(11) and (12)
Repeal the subsections, substitute:
(11) Chapter 7 of the Child Welfare Act 2009 of Norfolk Island (about appeals) applies in relation to an order under this section as if the order had been made under Chapter 5 of that Act.
30 Subsection 23(5)
Repeal the subsection, substitute:
(5) If a person is found guilty of an offence against this section (whether or not the person is convicted of the offence), the court may, instead of imposing a fine on the person, make an order requiring the person to perform community service work for a number of hours not exceeding:
(a) for a person who is a parent subject to a compulsory schooling order—200 hours; or
(b) otherwise:
(i) if the offence is a first offence—50 hours; or
(ii) if the offence is a second or subsequent offence—100 hours.
(5A) The Sentencing Act 2007 of Norfolk Island applies in relation to the order in the same way as that Act applies in relation to a community service order made under subsection 23(1) of that Act.
31 Subsection 24(5)
Repeal the subsection (including the penalty).
32 Section 26A (definition of non‑government schools authority)
Repeal the definition, substitute:
non‑government schools authority means a non‑government schools authority within the meaning of Part 5A of the NSW Education Act.
33 Section 26A (definition of school)
Repeal the definition, substitute:
school means:
(a) a government school (within the meaning of this Act or the NSW Education Act); or
(b) a registered non‑government school (within the meaning of the NSW Education Act).
34 Paragraph 26B(1)(a)
After “at a school”, insert “in the Territory of Norfolk Island, or in New South Wales if the student has previously been enrolled at a school in that Territory,”.
35 Subsection 26B(2)
Omit “Government Information (Public Access) Act 2009”, substitute “Government Information (Public Access) Act 2009 (NSW) or the Government Information (Public Access) Act 2009 (NSW) (NI)”.
36 Paragraphs 26C(1)(d) to (i)
Repeal the paragraphs, substitute:
(d) the TAFE Commission and TAFE establishments (within the meaning of the NSW Education Act);
(e) public health organisations (within the meaning of the Health Services Act 1997 (NSW) or the Health Services Act 1997 (NSW) (NI));
(f) the Department of Family and Community Services;
(g) the Department of Justice;
(h) the Australian Federal Police;
(i) the NSW Police Force (as defined in subsection 21(1) of the Interpretation Act 1987 (NSW));
(ia) the Police Force of Norfolk Island;
(ib) the Norfolk Island Regional Council;
37 After subparagraph 26D(6)(a)(i)
Insert:
(ia) section 187 of the Child Welfare Act 2009 of Norfolk Island; or
38 After paragraph 26F(2)(a)
Insert:
(aa) section 187 of the Child Welfare Act 2009 of Norfolk Island; or
39 After subsection 34(3)
Insert:
(3A) For the purposes of this section:
(a) the Territory of Norfolk Island is taken to be designated as an intake area; and
(b) the Norfolk Island Central School is taken to be designated for that intake area.
40 Paragraph 34(4)(a)
After “government school”, insert “(within the meaning of this Act or the NSW Education Act)”.
41 After section 83M
Insert:
83MA Application of this Part
This Part does not apply in relation to the Territory of Norfolk Island unless the Commonwealth Act extends to the Territory of Norfolk Island.
42 Subparagraph 94(1)(a)(iii)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
43 Subsection 94(2)
Omit “on a State‑wide basis”, substitute “on a New South Wales‑wide basis, as if the Territory of Norfolk Island were a part of New South Wales,”.
44 Subparagraph 95(1)(b)(iii)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
45 Subsection 95(2)
Omit “on a State‑wide basis”, substitute “on a New South Wales‑wide basis, as if the Territory of Norfolk Island were a part of New South Wales”.
46 Subsection 107(1)
Omit “Administrative Decisions Review Act 1997”, substitute “Administrative Review Tribunal Act 1996 of Norfolk Island”.
47 Subsection 108(2)
Repeal the subsection, substitute:
(2) This section applies to the exclusion of subsections 31(1) and (2) of the Administrative Review Tribunal Act 1996 of Norfolk Island.
(2A) Subsections 31(3) and (4) of that Act (providing copies of and reasons for decisions, and when decisions take effect) apply in relation to a decision under subsection (1) of this section as if each reference in those subsections to a decision under subsection 31(1) of that Act were a reference to a decision under subsection (1) of this section.
48 Subsection 108(3) (note)
Repeal the note, substitute:
Note: For the powers of the Tribunal on review of a decision of the Authority under Part 7A, see section 31 of the Administrative Review Tribunal Act 1996 of Norfolk Island.
49 Subsection 108(4)
Omit “Administrative Decisions Review Act 1997”, substitute “Administrative Review Tribunal Act 1996 of Norfolk Island”.
50 Subsection 109(2)
Omit “section 6 (4) of the Administrative Decisions Review Act 1997”, substitute “subsection 14(5) of the Administrative Review Tribunal Act 1996 of Norfolk Island”.
51 Subsection 115(1A)
Repeal the subsection, substitute:
(1A) Any such parents and citizens association may be incorporated under the Associations Incorporation Act 2005 of Norfolk Island.
52 At the end of Part 11
Add:
117A Parents and citizens association for Norfolk Island Central School
(1) This section applies to an association constituted under section 15A of the Education Act 1931 of Norfolk Island, as in force immediately before the commencement of Schedule 2 to the Norfolk Island Legislation Amendment (Public Sector Employment and Education) Ordinance 2018 of the Commonwealth.
(2) The association continues in existence after that commencement as if it were a parents and citizens association constituted under subsection 115(1) of this Act.
(3) The rules of the association as in force immediately before that commencement continue in force after that commencement as if they were rules approved by the Minister under subsection 117(1) of this Act.
53 Section 125
Repeal the section.
54 Subsection 128(1)
Omit “Parliament”, substitute “the Parliament of the Commonwealth”.
55 Section 135
Repeal the section.
Schedule 1AB—Amendment of the Education Standards Authority Act 2013 (NSW)
Education Standards Authority Act 2013 (NSW)
1 Subsection 3(1)
Insert:
Local Court means the Court of Petty Sessions of Norfolk Island.
2 At the end of Part 1
Add:
3A Modifications for Norfolk Island
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.
3 Sections 15 and 23
Repeal the sections.
Schedule 1B—Amendment of the Government Information (Public Access) Act 2009 (NSW)
Government Information (Public Access) Act 2009 (NSW)
1 Subsection 4(1) (after paragraph (g) of the definition of agency)
Insert:
However, the Norfolk Island Regional Council is not an agency.
Schedule 1C—Amendment of the Government Sector Employment Regulation 2014 (NSW)
Government Sector Employment Regulation 2014 (NSW)
1 Paragraphs 12(a) and (b)
Repeal the paragraphs, substitute:
(a) a day that is, under section 9 of the Employment Act 1988 of Norfolk Island, to be observed as a public holiday;
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 2A—Amendment of the Industrial Relations Act 1996 (NSW)
Industrial Relations Act 1996 (NSW)
1 Paragraph 72AE(1)(b)
After “police officer,”, insert “member or special member of the Australian Federal Police, member of the Police Force of Norfolk Island, 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 1979 of the Commonwealth,”.
2 Subsection 388(2)
After “police officer”, insert “, member or special member of the Australian Federal Police, member of the Police Force of Norfolk Island or 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 1979 of the Commonwealth”.
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 3A—Amendment of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) and the Law Enforcement (Powers and Responsibilities) Regulation 2016 (NSW)
Law Enforcement (Powers and Responsibilities) Act 2002 (NSW)
1 Subsection 3(1) (definition of authorised officer)
Repeal the definition, substitute:
authorised officer means a Magistrate of the Court of Petty Sessions of Norfolk Island.
2 Subsection 3(1) (definition of Commissioner)
Repeal the definition, substitute:
Commissioner means the police officer in charge in Norfolk Island.
3 Subsection 3(1)
Insert:
Local Area Commander of Police means the police officer in charge in Norfolk Island.
Local Court means the Court of Petty Sessions of Norfolk Island.
4 Subsection 3(1) (definition of police officer)
Repeal the definition.
5 Section 8
Omit “right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other”, substitute “each of its”.
6 At the end of Part 1
Add:
8A Application of this Act in Norfolk Island
(1) This Act applies in relation to the Territory of Norfolk Island only to the following extent:
(a) this Part;
(b) Division 1A of Part 3 (power to require identity of suspected AVO defendant to be disclosed);
(c) Part 6 (search, entry and seizure powers relating to domestic violence offences);
(d) Part 15 (safeguards relating to powers);
(e) Division 1 of Part 17 (confiscated knives and other dangerous articles and implements);
(f) the other provisions of this Act so far as they relate to a provision mentioned in paragraph (a), (b), (c), (d) or (e), except sections 235, 242, 242A and 243.
(2) Regulations under this Act apply in relation to the Territory of Norfolk Island only to the extent that they are relevant to:
(a) a provision of this Act mentioned in paragraph (1)(a), (b), (c), (d) or (e); or
(b) another provision of this Act so far as it relates to a provision of this Act mentioned in paragraph (1)(a), (b), (c), (d) or (e).
7 Subsection 211(2)
Omit “Act”, substitute “law”.
8 Paragraph 212(4)(b)
Omit “the Firearms Act 1996”, substitute “Part 5 of the Firearms and Prohibited Weapons Act 1997 of Norfolk Island”.
9 Subsection 214(4)
Repeal the subsection.
Law Enforcement (Powers and Responsibilities) Regulation 2016 (NSW)
10 Subclause 3(1) (at the end of the note)
Add “For example, section 8A of the Act limits the application of this Regulation so that it applies only to the extent that it is relevant to a provision of the Act described in that section.”.
11 Part 1 of Form 4 in Schedule 1
Omit “in the State of New South Wales” (wherever occurring).
12 Part 2 of Form 4 in Schedule 1 (note)
Omit “Local Court” (wherever occurring), substitute “Court of Petty Sessions”.
13 Part 1 of Form 5 in Schedule 1
Omit “in the State of New South Wales” (wherever occurring).
14 Part 2 of Form 5 in Schedule 1 (note)
Omit “Local Court”, substitute “Court of Petty Sessions”.
Schedule 4—Amendment of the Local Government Act 1993 (NSW) and the Local Government (General) Regulation 2005 (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;
(v) a significant development;
(vi) an ancillary project for a declared significant 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.
4A Paragraph 210A(1)(a)
Omit “appropriate districts (within the meaning of the Electoral Act 2017)”, substitute “the area constituted under section 204A”.
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.
17A Chapter 10 (after the heading)
Insert:
Note: Subsection 18B(2) of the Norfolk Island Act 1979 of the Commonwealth has the effect of vesting the powers (including the functions and duties) of the Electoral Commissioner and the Electoral Commission (and other persons or authorities) under this Act and the regulations, as in force in Norfolk Island, in:
(a) the Commonwealth Minister who administers the Norfolk Island Act 1979 of the Commonwealth; and
(b) any other person or authority authorised by a direction or delegation under subsection 18B(3) or (4) of that Act.
17B Subsection 269(1)
Omit “(within the meaning of the Electoral Act 2017)”, substitute “on a Roll (within the meaning of the Commonwealth Electoral Act 1918 of the Commonwealth)”.
17C Subsection 270(2)
Omit “strata plan that is registered under the Strata Schemes Development Act 2015”, substitute “plan of community division that is registered under the Community Title Act 2015 of Norfolk Island”.
18 Subsection 287(1)
Omit “2008” (wherever occurring), substitute “2020”.
19 Paragraph 287(2)(a)
Repeal the paragraph.
19A Subsection 296(7)
Repeal the subsection.
19B Subsection 298(2)
Repeal the subsection, substitute:
(2) The Electoral Commissioner may use information kept on a Roll (within the meaning of the Commonwealth Electoral Act 1918 of the Commonwealth), or an extract of such a Roll, as a source of information for compiling the residential roll.
19C Before subsection 299(1A)
Insert:
(1AA) As soon as is practicable after the day on which the Norfolk Island Applied Laws Amendment (Local Government Elections) Ordinance 2018 commences, the general manager is to prepare a roll of non‑resident owners of rateable land within the area for the first election to be held after that day and keep it updated.
19D Subsection 299(1)
Omit “that roll of non‑resident owners of rateable land”, substitute “the roll prepared for that election under subsection (1AA) or (1A)”.
19E Before subsection 300(1A)
Insert:
(1AA) As soon as is practicable after the day on which the Norfolk Island Applied Laws Amendment (Local Government Elections) Ordinance 2018 commences, the general manager is to prepare a roll of occupiers and ratepaying lessees (of land within the area) for the first election to be held after that day and keep it updated.
19F Subsection 300(1)
Omit “that roll of occupiers and ratepaying lessees”, substitute “the roll prepared for that election under subsection (1AA) or (1A)”.
19G Subsection 303(3)
Omit “Administrative Decisions Review Act 1997”, substitute “Administrative Review Tribunal Act 1996 of Norfolk Island”.
19H Subsection 328A(1)
Omit “New South Wales”.
19J At the end of Chapter 10
Add:
Part 10—Information privacy
331A Information privacy
Scope
(1) This section applies in relation to the exercise of powers (election powers) for any purpose under this Act in relation to the preparation for, or the conduct of, elections.
(2) A reference in this section to the exercise of election powers includes a reference to the performance of functions and duties related to the preparation for, or the conduct of, elections.
Collection, use and disclosure of personal information for elections
(3) To avoid doubt, a person is authorised to collect, use or disclose personal information within the meaning of the Privacy Act 1988 of the Commonwealth (authorised information) in the course of the person’s exercise of the election powers of any of the following:
(a) the Electoral Commissioner;
(b) the Electoral Commission;
(c) a general manager;
(d) a returning officer (or substitute returning officer);
(e) an electoral official.
(4) In addition, a person (the principal) mentioned in an item in column 1 of the following table, and any person acting on the principal’s behalf, is authorised to collect, use or disclose authorised information if:
(a) in the case of the principal—the principal reasonably believes it to be necessary for a purpose mentioned in column 2 in relation to that item; or
(b) in the case of a person acting on the principal’s behalf—the principal, or that person, reasonably believes it to be necessary for a purpose mentioned in column 2 in relation to that item.
Other persons who may collect, use and disclose authorised information |
Item | Column 1 | Column 2 |
1 | A person engaged by the general manager as an electoral services provider to administer, or to assist in administering, an election (see section 296AA) | Administering, or assisting in administering, the election, in accordance with the terms of engagement. |
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.
44A Subsection 608(2)
After “or any other Act”, insert “, any other law in force in the Territory of Norfolk Island”.
44B At the end of section 610
Add:
Note: This section does not apply to a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 as such a law is not an Act for the purposes of this section.
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.
45A Subsection 694(2)
Omit “referred to in section 39 of the Constitution Act 1902”.
46 Schedule 1
Repeal the Schedule.
46A Dictionary (paragraph (a) of the definition of election)
Repeal the paragraph.
46B Dictionary (definition of Electoral Commissioner)
Repeal the definition.
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”.
Local Government (General) Regulation 2005
49 Subclause 275(1) (definition of driver licence)
Repeal the definition, substitute:
driver licence means a licence issued under the Traffic Act 2010 of Norfolk Island.
50 Subclause 275(1) (definition of Electoral Commission)
Repeal the definition (including the note).
51 Subclause 275(1) (definition of Photo Card)
Repeal the definition.
52 Paragraph 281(1)(g)
Omit “(or section 16 or 16A of the City of Sydney Act 1988)”.
53 Subclause 295(4)
Omit “New South Wales”.
54 Paragraph 320C(2)(b)
Omit “a Photo Card”, substitute “other documentary evidence of the person’s identity”.
55 Subclause 320C(3) (note)
Omit “a driver licence or a Photo Card”, substitute “proof of identity under paragraph (2)(b)”.
56 Paragraph 356E(3)(c)
Repeal the paragraph, substitute:
(c) on a vehicle on a public road or a public road related area, or
57 At the end of clause 356E
Add:
(4) In this clause:
public road has the same meaning as in the Traffic Act 2010 of Norfolk Island.
public road related area means:
(a) an area that divides a public road, or
(b) a footpath or nature strip adjacent to a public road, or
(c) an area that is open to the public and is designated for use by cyclists or animals, or
(d) a shoulder of a public road, or
(e) an area that is not a public road, if the area is open to or used by the public for driving, riding or parking vehicles, whether or not it is primarily designed or used for that purpose.
58 Paragraph 356I(2)(b)
Omit “development consent in force under the Environmental Planning and Assessment Act 1979 in relation to its use as a place of public entertainment”, substitute “development approval under the Planning Act 2002 of Norfolk Island in relation to its use as a place of assembly within the meaning of the Norfolk Island Plan 2002 of Norfolk Island”.
59 Subclause 393AA(1)
Omit “and each first election for an area after its constitution”.
60 Schedule 11 (Form 1, note 1)
Omit “on the back of this form may be used for this purpose”, substitute “prescribed for the purposes of paragraph 8(a) of the Statutory Declarations Act 1959 of the Commonwealth may be used for this purpose. The form could in 2018 be accessed through the website of the Commonwealth Attorney‑General’s Department (https://www.ag.gov.au).”.
61 Schedule 11 (Form 1, note 2)
Omit “Australian Electoral Commission or the State Electoral Office”, substitute “Electoral Commission”.
62 Schedule 11 (Form 1)
Omit all the words after note 2.
63 Schedule 11 (Forms 2 and 3, paragraph (e) of the statistical information sheet)
Omit “New South Wales”, substitute “Norfolk Island”.
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.
Act does not apply to certain New South Wales officers, employees and authorities
(6) This Act does not apply in relation 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.
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.
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”.
Schedule 7—Amendment of the Teaching Service Act 1980 (NSW)
Teaching Service Act 1980 (NSW)
1 At the end of Part 1
Add:
5B Teachers to be accredited
(1) A person must not teach in a school in Norfolk Island unless the person is accredited.
(2) Words and expressions used in this section have the same meaning as they have in the Teacher Accreditation Act 2004 of New South Wales.
2 Subsection 51(3)
Omit “6 months”, substitute “3 years”.
3 Section 92
Repeal the section.
4 At the end of section 93B
Add:
(3) In this Part, a reference to an officer’s performance is a reference to the officer’s performance of duties whether in or outside of New South Wales.
5 After subsection 93C(2)
Insert:
(2A) For the purposes of this Part, the subject‑matter of an allegation of misconduct may relate to an incident or conduct that happened in or outside of New South Wales.
6 At the end of section 93L
Add:
Note: Things done for the purposes of the Child Protection (Working with Children) Act 2012 of New South Wales are recognised for the purposes of the application of this section in relation to Norfolk Island.
7 At the end of section 93R
Add:
Note: Things done for the purposes of the Child Protection (Working with Children) Act 2012 of New South Wales are recognised for the purposes of the application of this Part in relation to Norfolk Island.
Schedule 8—Amendment of the Workers Compensation Act 1987 (NSW)
Workers Compensation Act 1987 (NSW)
1 After subsection 9AA(7)
Insert:
(7A) To avoid doubt, the exercise of powers, or performance of functions or duties, by a worker under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth is taken, for the purposes of this section, to be employment connected with this State.
2 Part 7
Repeal the Part.
Schedule 9—Amendment of the Work Health and Safety Act 2011 (NSW)
Work Health and Safety Act 2011 (NSW)
1 Before paragraph 108(4)(a)
Insert:
(aa) St John Ambulance Norfolk Island;
(ab) the Norfolk Island Fire Service;
(ac) the Australian Federal Police (including a special member);
(ad) the Police Force of Norfolk Island;
(ae) 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 1979 of the Commonwealth;
(af) Norfolk Island Volunteer Rescue Association Inc;
Schedule 10—Amendment of the Workplace Injury Management and Workers Compensation Act 1998 (NSW)
Workplace Injury Management and Workers Compensation Act 1998 (NSW)
1 Section 27C
Repeal the section.
2 Division 2 of Part 6 of Chapter 2
Repeal the Division.
3 Subsection 320(3)
Repeal the subsection.
