This is the Norfolk Island Continued Laws Amendment (2016 Measures No. 2) Ordinance 2016.

(1) Each provision of this Ordinance specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. Sections 1 to 4 and anything in this Ordinance not elsewhere covered by this table	The day after this Ordinance is registered.	11 May 2016
2. Schedules 1 to 3	1 July 2016.	1 July 2016
3. Schedule 4, Part 1	The day after this Ordinance is registered.	11 May 2016
4. Schedule 4, Part 2	1 July 2016.	1 July 2016
5. Schedule 5	1 July 2016.	1 July 2016

Note: This table relates only to the provisions of this Ordinance as originally made. It will not be amended to deal with any later amendments of this Ordinance.

(2) Any information in column 3 of the table 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.

3 Authority

This Ordinance is made under the Norfolk Island Act 1979.

4 Schedules

Each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.

Schedule 1—Amendments relating to employment

Part 1—Amendments relating to the Employment Act 1988 (Norfolk Island)

Division 1—Main amendments

Norfolk Island Continued Laws Ordinance 2015

1 Before item 75 of Schedule 1

Insert:

74A Section 3

Repeal the section.

74B Section 4

Repeal the following definitions:

(a) definition of minimum rate;

(b) definition of pay period;

(d) definition of temporary entry permit.

74C Paragraph 7(1)(b)

After “Commonwealth”, insert “or New South Wales”.

74D Division 1 of Part 2

Repeal the Division.

74E Sections 12 to 17

Repeal the sections.

74F Section 18

Before “An employer”, insert “(1)”.

74G Section 18 (note)

Omit “section”, substitute “subsection”.

74H At the end of section 18

Add:

(2) Subsection (1) does not apply to an employer and an employee so far as that subsection is inconsistent with:

(a) an enterprise agreement that applies to the employer and the employee under the Fair Work Act 2009 of the Commonwealth; or

(b) the operation of Division 3 (Maximum weekly hours) of Part 2‑2 (National Employment Standards) of the Fair Work Act 2009 of the Commonwealth in relation to the employer and the employee.

74J At the end of section 18A

Add:

(6) Subsection (1), (2), (3), (4) or (5) does not apply to an employer or an employee so far as that subsection is inconsistent with an enterprise agreement that applies to the employer and the employee under the Fair Work Act 2009 of the Commonwealth.

74K Section 19

Repeal the section, substitute:

19 Expiry of this Division

This Division is repealed at the start of 1 July 2018.

74L Division 3 of Part 2

Repeal the Division.

74M Section 25

Repeal the section.

74N Paragraph 30(4)(a)

Omit “under section 17 by reason of ill health”, substitute “on paid personal/carer’s leave taken under Subdivision A of Division 7 of Part 2‑2 of the Fair Work Act 2009 of the Commonwealth”.

74P Subparagraph 30(4)(a)(ii)

After “section 10”, insert “before 1 July 2016 and having effect for the purposes of the Fair Work Act 2009 of the Commonwealth (as that Act applies in relation to Norfolk Island with modifications made by rules under section 32A of that Act), or a modern award or enterprise agreement applying to the employee under that Act,”.

74Q Paragraph 39A(2)(a)

Omit “in accordance with the Public Sector Management Act 2000”.

74R Paragraph 39A(2)(d)

Repeal the paragraph.

2 After item 76 of Schedule 1

Insert:

76A Section 73

Repeal the section, substitute:

73 Functions of the Board

The functions of the Board are:

(a) to deal with complaints lodged with members of the Board under section 76 (which is about complaints relating to workers compensation); and

(b) to report under section 75 on the operations of the Board.

76B Paragraphs 76(1)(a), (b) and (c)

Repeal the paragraphs.

76C Paragraph 76(1)(d)

Omit “employment”, substitute “Part 3 (which is about compensation for work‑related accidents etc.)”.

76D Paragraph 85(2)(c)

Repeal the paragraph.

76E Paragraph 85(2)(d)

Omit “or a contract referred to in paragraph 85(2)(c)”.

76F Subsection 85(6)

Omit “Subject to subsection 85(8), the”, substitute “The”.

76G Subsections 85(8), (9) and (10)

Repeal the subsections.

76H Subsection 86(2)

Omit “or subsection 85(9)”.

76J Paragraph 106(1)(d)

Omit “, or proposes to refuse,”.

76K Subsections 106(2) and (3)

Repeal the subsections.

76L Subsection 108(3)

Repeal the subsection.

Employment Regulations 1991 (Norfolk Island)

76M Paragraph 3(b)

Repeal the paragraph, substitute:

(b) section 24; and

76N Paragraph 3(c)

Omit “but not paragraph 108(2)(e)”.

76P Subregulation 3A(1)

Repeal the subregulation.

76Q Subregulation 3A(2)

Omit “(2)” (first occurring).

76R Regulations 4 and 12

Repeal the regulations.

76S Schedules 1 and 1A

Repeal the Schedules.

Division 2—Application, saving and transitional provisions

Norfolk Island Continued Laws Ordinance 2015

3 Division 2 of Part 2 of Schedule 1 (heading)

Repeal the heading, substitute:

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

4 In the appropriate position in Part 2 of Schedule 1

Insert:

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

352 Application of amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island)

The amendments of subsection 30(4) of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016 apply in relation to total incapacity employees start to suffer on or after that day.

353 Continuation of conciliation, adjudication and review proceedings

Despite the amendments of Part 5 of the Employment Act 1988 (Norfolk Island) made by this Schedule commencing on 1 July 2016:

(a) a complaint made under that Part before 1 July 2016 may be dealt with on or after 1 July 2016 as if those amendments had not been made; and

(b) under Division 2 of that Part, an inquiry relating to such a complaint may be applied for and held, and orders made as a result of a determination made in such an inquiry, on or after 1 July 2016 as if those amendments had not been made; and

(c) under Division 3 of that Part, an appeal relating to a determination or order described in paragraph (b) may be instituted or determined on or after 1 July 2016, as if those amendments had not been made.

Part 2—Repeals

Division 1—Repeals

Norfolk Island Continued Laws Ordinance 2015

5 Item 1 of Schedule 2

Insert:

Public Sector Remuneration Tribunal Act 1992

Public Service Act 2014

6 Item 2 of Schedule 2

Insert:

Public Service Regulations 2014

Division 2—Amendments consequential on repeals

Norfolk Island Continued Laws Ordinance 2015

7 Part 1 of Schedule 1 (heading specifying Public Sector Remuneration Tribunal Act 1992 (Norfolk Island))

Repeal the heading.

8 Items 277 to 290B of Schedule 1

Repeal the items.

9 Part 1 of Schedule 1 (heading specifying Public Service Act 2014 (Norfolk Island))

Repeal the heading.

10 Items 291 and 292 of Schedule 1

Repeal the items.

Division 3—Application, saving and transitional provisions

Norfolk Island Continued Laws Ordinance 2015

11 In the appropriate position in Schedule 2

Insert:

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

20 Saving of section 75 of the Public Service Act 2014

(1) Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 75 of that Act (which is about protection from liability for acts or omissions relating to appeals and reviews) continues to apply in relation to acts or omissions that occurred before the repeal.

(2) However, that section continues to apply as if the reference in subsection (3) of that section to the Administration were a reference to the Norfolk Island Regional Council.

21 Saving of section 88 of the Public Service Act 2014

Despite the repeal of the Public Service Act 2014 (Norfolk Island) by this Schedule, section 88 of that Act (which is about protection from liability for reports about employees) continues to apply in relation to reports prepared before the repeal.

Schedule 2—Amendments relating to the Norfolk Island Health and Residential Aged Care Service

Norfolk Island Continued Laws Ordinance 2015

1 After item 167 of Schedule 1

Insert:

167A After section 12B

Insert:

12C References to the Norfolk Island Hospital Act 1985, Norfolk Island Hospital and Norfolk Island Hospital Enterprise etc.

(1) In an enactment, a reference to the Norfolk Island Hospital Act 1985 is a reference to the Norfolk Island Health and Residential Aged Care Service Act 1985.

(2) In an enactment, a reference to the Norfolk Island Hospital is a reference to the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5 of the Norfolk Island Health and Residential Aged Care Service Act 1985.

(3) In an enactment, a reference to the Norfolk Island Hospital Enterprise is a reference to the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1) of the Norfolk Island Health and Residential Aged Care Service Act 1985.

(4) In an enactment, a reference to the Director of the Norfolk Island Hospital Enterprise is a reference to the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19 of the Norfolk Island Health and Residential Aged Care Service Act 1985.

2 Items 207 to 209 of Schedule 1

Repeal the items, substitute:

207 Title

Omit “Hospital”, substitute “Health and Residential Aged Care Service”.

207A Section 1

Omit “Hospital”, substitute “Health and Residential Aged Care Service”.

Note: This item amends the short title of the Act. If another amendment of the Act is described by reference to the Act’s previous short title, that other amendment has effect after the commencement of this item as an amendment of the Act under its amended short title (see section 10 of the Acts Interpretation Act 1901 of the Commonwealth, applying because of section 8A of the Interpretation Act 1979 (Norfolk Island)).

207B Sections 4 and 5

Repeal the sections, substitute:

4 Definitions

In this Act:

Manager means the Manager of the Norfolk Island Health and Residential Aged Care Service appointed under section 19.

Norfolk Island Health and Residential Aged Care Service means the Norfolk Island Health and Residential Aged Care Service continued in existence by subsection 6(1).

Norfolk Island Health and Residential Aged Care Service Facility means the Norfolk Island Health and Residential Aged Care Service Facility continued in existence by section 5.

5 Norfolk Island Health and Residential Aged Care Service Facility

The body known immediately before the commencement of this section as the Norfolk Island Hospital is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service Facility.

207C Section 6 (heading)

Repeal the heading, substitute:

6 Norfolk Island Health and Residential Aged Care Service

207D Subsection 6(1)

Repeal the subsection, substitute:

(1) The body known immediately before the commencement of this subsection as the Norfolk Island Hospital Enterprise is continued in existence with the new name Norfolk Island Health and Residential Aged Care Service.

207E At the end of paragraphs 7(a) and (b)

Add “and”.

207F At the end of section 7

Add:

; and (e) such other functions as are determined, by legislative instrument, by the Commonwealth Minister.

207G Subsection 8(1)

Omit “(1)”.

207H Paragraph 8(1)(a)

Repeal the paragraph.

207J Paragraph 8(1)(d)

Repeal the paragraph, substitute:

(d) a performance agreement entered into by the Service.

207K Subsection 8(2)

Repeal the subsection.

207L Subsections 9(3) and (4)

Repeal the subsections.

207M Part 3

Repeal the Part.

207N Sections 19 to 19B

Repeal the sections, substitute:

19 Manager of Norfolk Island Health and Residential Aged Care Service

(1) There is to be a Manager of the Norfolk Island Health and Residential Aged Care Service.

(2) The Manager is to be appointed by the Commonwealth Minister by written instrument.

Note: For reappointment, see section 33AA of the Acts Interpretation Act 1901 (Commonwealth) (applying because of section 8A of the Interpretation Act 1979).

(3) The Manager holds office for the period specified in the instrument of appointment.

(4) The Manager holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Commonwealth Minister.

207P Subsection 20(1)

Repeal the subsection, substitute:

(1) The Manager is responsible for the management of the Norfolk Island Health and Residential Aged Care Service having regard to the principles in section 8, and must maintain the confidentiality necessary to protect the interests of the Service in respect of the following:

(a) internal management issues;

(b) industrial relations matters;

(d) dealings with individual members of the public;

(e) all matters affecting the interests of the Service.

207Q Subsection 20(2)

Omit “Advisory Board” (wherever occurring), substitute “Commonwealth Minister”.

207R Sections 21 to 23

Repeal the sections, substitute:

21 Powers of Manager

(1) In addition to exercising powers or performing duties expressly conferred or imposed on him or her by this Act, the Manager, in the name of the Norfolk Island Health and Residential Aged Care Service:

(a) may exercise any powers that are by this Act expressed to be conferred on the Service; and

(b) must perform any duties that are by this Act expressed to be imposed on the Service.

(2) The Manager may employ persons for the purposes of the Norfolk Island Health and Residential Aged Care Service on the terms and conditions that the Manager determines in writing.

208 Parts 4A, 5 and 6

Repeal the Parts.

208A Sections 44 to 47

Repeal the sections.

208B Section 50

Repeal the section.

209 Amendments of listed provisions

Further amendments
Item	Provision	Omit	Substitute
1	Part 2 (heading)	HOSPITAL ENTERPRISE	HEALTH AND RESIDENTIAL AGED CARE SERVICE
2	Subsections 6(2) to (4)	Enterprise	Norfolk Island Health and Residential Aged Care Service
3	Section 7 (heading)	Enterprise	Norfolk Island Health and Residential Aged Care Service
4	Section 7	Enterprise	Norfolk Island Health and Residential Aged Care Service
5	Paragraph 7(a)	Hospital	Norfolk Island Health and Residential Aged Care Service Facility
6	Section 8 (heading)	Enterprise	Norfolk Island Health and Residential Aged Care Service
7	Section 8	Enterprise must	Norfolk Island Health and Residential Aged Care Service must
8	Section 9 (heading)	Enterprise	Norfolk Island Health and Residential Aged Care Service
9	Subsections 9(1) and (2)	Enterprise (wherever occurring)	Norfolk Island Health and Residential Aged Care Service
10	Part 4 (heading)	HOSPITAL ENTERPRISE	HEALTH AND RESIDENTIAL AGED CARE SERVICE
11	Section 20 (heading)	Director	Manager
12	Subsection 20(2)	Director	Manager
13	Subsection 20(2)	Enterprise	Norfolk Island Health and Residential Aged Care Service

3 In the appropriate position in Part 2 of Schedule 1

Insert:

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

354 Definitions

In this Division:

Enterprise has the same meaning as in the Norfolk Island Hospital Act 1985 (Norfolk Island), as in force immediately before 1 July 2016.

liability means any liability, duty or obligation, whether actual, contingent or prospective.

355 Vesting of liabilities of the Enterprise

(1) This item applies to a liability of the Enterprise immediately before 1 July 2016.

(2) The following provisions have effect:

(a) at the start of 1 July 2016, the liability ceases to be a liability of the Enterprise and becomes a liability of the Norfolk Island Regional Council without any conveyance, transfer or assignment;

(b) the Norfolk Island Regional Council becomes the successor in law in relation to the liability.

4 Part 2 of Schedule 2

Insert:

Norfolk Island Hospital Finance Regulations 1989

Schedule 3—Amendments relating to health practitioners

Norfolk Island Continued Laws Ordinance 2015

1 After item 205 of Schedule 1

Insert:

Medical Practitioners Registration Act 1983 (Norfolk Island)

205A Title

Omit “the registration of medical practitioners”, substitute “requirements relating to health practitioners”.

205B Section 1

Omit “Medical Practitioners Registration”, substitute “Health Practitioners”.

205C Sections 3 to 12

Repeal the sections, substitute:

3 Definitions

In this Act:

health profession means the following professions, and includes a recognised specialty in any of the following professions:

(a) Aboriginal and Torres Strait Islander health practice;

(b) Chinese medicine;

(d) dental (including the profession of a dentist, dental therapist, dental hygienist, dental prosthetist and oral health therapist);

(e) medical;

(f) medical radiation practice;

(g) nursing and midwifery;

(h) occupational therapy;

(i) optometry;

(j) osteopathy;

(k) pharmacy;

(l) physiotherapy;

(m) podiatry;

(n) psychology.

National Law has the same meaning as in the My Health Records Act 2012 of the Commonwealth.

Note: National Law is defined in section 5 of that Act to mean:

(a) for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, as it applies (with or without modification) as a law of the State or Territory; or

(b) for Western Australia—the Health Practitioner Regulation National Law (WA) Act 2010 of Western Australia, so far as that Act corresponds to the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland.

registered health practitioner means a person registered under a National Law to practise a health profession (other than as a student).

registered medical practitioner means a medical practitioner within the meaning of a National Law.

4 Title and practice protections

(1) A person commits an offence if:

(a) the person knowingly or recklessly engages in conduct; and

(b) were the conduct knowingly or recklessly engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 1 of Division 10 of Part 7 of a National Law.

Penalty:

(a) for an individual—a fine not exceeding 300 penalty units; or

(b) for a body corporate—a fine not exceeding 600 penalty units.

(2) A person commits an offence if:

(a) the person engages in conduct; and

(b) were the conduct engaged in by the person in a State or Territory, it would constitute an offence against Subdivision 2 of Division 10 of Part 7 of a National Law.

Penalty: A fine not exceeding 300 penalty units.

205D Sections 15 and 16

Repeal the sections.

2 Part 1 of Schedule 1 (before heading specifying Planning Act 2002 (Norfolk Island))

Insert:

Pharmacy Act 1956 (Norfolk Island)

211A Sections 3 and 4

Repeal the sections, substitute:

3 Interaction with requirements under National Law

If a registered pharmaceutical chemist is required to do something or to do something in a particular manner under a National Law, this Act has no effect to the extent that it would, apart from this section, prevent the registered pharmaceutical chemist from complying with the requirement.

4 Definitions

In this Act:

medical practitioner means a medical practitioner within the meaning of a National Law.

National Law has the same meaning as in the Health Practitioners Act 1983.

registered pharmaceutical chemist means a person registered under a National Law in the pharmacy health profession (other than as a student).

211B Part 2

Repeal the Part.

211C Subsection 15(1)

Omit “(1)”.

211D Subsection 15(2)

Repeal the subsection.

211E Paragraph 20(b)

Repeal the paragraph.

Pharmacy Regulations (Norfolk Island)

211F Regulations 3 to 5, 7 and 8

Repeal the regulations.

211G Schedule

Repeal the Schedule.

3 Item 1 of Schedule 2

Insert:

Registration of Dentists Act 1931

4 Item 2 of Schedule 2

Insert:

Medical Practitioners Registration Regulations 1987

Schedule 4—Miscellaneous amendments

Part 1—Amendments commencing day after registration

Norfolk Island Continued Laws Ordinance 2015

1 Section 4

Repeal the section, substitute:

4 Simplified outline of this Ordinance

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

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

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

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

4A Definitions

In this Ordinance:

continued law means:

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

(b) a Legislative Assembly law, or a law made under a Legislative Assembly law, continued in force in the Territory by section 16A of that Act.

2 After section 5

Insert:

6 Rules

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

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

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

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

(a) create an offence or civil penalty;

(b) provide powers of:

(i) arrest or detention; or

(ii) entry, search or seizure;

7 Schedules

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

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

(3) If:

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

(b) the item is amended or repealed;

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

3 Item 24 of Schedule 1

Repeal the item, substitute:

24 Division 4 of Part 2

Repeal the Division.

4 After item 28 of Schedule 1

Insert:

28A Schedule 2 (at the end of the table)

Add:

12.	An instrument effecting or evidencing the conveyance of leviable property if: (a) the transfer does not involve a change in beneficial ownership; and (b) the instrument is executed during the period starting on the day this item commences and ending on 30 June 2017.

5 Item 101A of Schedule 1 (subsection 25(2))

Repeal the subsection, substitute:

(2) Without limiting subsection (1), a direction under that subsection may require the following:

(a) the Authority to arrange for an external audit of the operations of the Authority or Director;

(b) the Authority or the Director not to perform, or to no longer perform, one or more functions or duties.

Part 2—Amendments commencing 1 July 2016

Norfolk Island Continued Laws Ordinance 2015

6 Part 1 of Schedule 1 (before heading specifying Administration and Probate Act 2006 (Norfolk Island))

Insert:

Absentee Landowners Levy Act 1976 (Norfolk Island)

1A At the end of subparagraphs 6A(2)(b)(i) and (ii)

Add “and”.

1B Subparagraph 6A(2)(b)(iii)

Repeal the subparagraph.

1C Paragraph 21A(1)(b)

Omit “holds office or is employed under the Public Service Act 1979,”, substitute “is employed by the Norfolk Island Regional Council;”.

7 Before item 2 of Schedule 1

Insert:

1AA Subsection 13(1)

Omit “employed or appointed under the Public Sector Management Act 2000”, substitute “employed by the Norfolk Island Regional Council”.

8 After item 2 of Schedule 1

Insert:

2A Subsection 24(4)

Omit “officer or employee of the Norfolk Island Public Service”, substitute “employee of the Norfolk Island Regional Council”.

9 Item 3 of Schedule 1

Repeal the item, substitute:

3 Subsection 5(1)

After “prepare”, insert “and give to the Commonwealth Minister”.

3A Section 5 (notes)

Repeal the notes.

3B Subsection 6(1)

After “prepare”, insert “and give to the Commonwealth Minister”.

10 After item 22 of Schedule 1

Insert:

Associations Incorporation Act 2005 (Norfolk Island)

22A Subsection 4(1)

Omit “under the Public Sector Management Act 2000,”.

Bail Act 2005 (Norfolk Island)

22B Subsection 28(5)

Omit “administering the Immigration Act 1980”.

Bankruptcy Act 2006 (Norfolk Island)

22C Paragraph 121(1)(c)

Omit “(other than a person employed under an employment contract under the Employment Act 1988) in the employment of the bankrupt”, substitute “in the employment of the bankrupt (other than wages or salary the person is or was entitled to under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for the employment)”.

22D Paragraph 121(1)(d)

Omit “employed under an employment contract under the Employment Act 1988”, substitute “under a governing instrument, within the meaning of the Fair Entitlements Guarantee Act 2012 of the Commonwealth, for employment”.

11 After item 24 of Schedule 1

Insert:

Building Act 2002 (Norfolk Island)

24A Subsection 5(1) (definition of Chief Executive Officer)

Repeal the definition.

24B Subsection 62(3) (paragraph (e) of the definition of official)

Omit “within the meaning of the Public Sector Management Act 2000”, substitute “in the public service”.

12 After item 29 of Schedule 1

Insert:

29A Paragraph 24(1)(d)

Repeal the paragraph.

13 After item 43 of Schedule 1

Insert:

43A Subparagraph 11(1A)(b)(i)

Omit “such as being a permanent resident or the holder of a permit under the Immigration Act 1980”.

Court of Petty Sessions Act 1960 (Norfolk Island)

43B Paragraph 246A(4)(d)

Omit “Public Service of Norfolk Island”, substitute “public service”.

14 After item 48 of Schedule 1

Insert:

48A Section 20 (definition of Administration)

Repeal the definition, substitute:

Administration means:

(a) the Norfolk Island Regional Council; or

(b) the Commonwealth Minister exercising a power, or performing a function, relating to Norfolk Island; or

48B Subsection 21(2)

Repeal the subsection.

48C Subsection 28(3) (definition of territory instrumentality)

Repeal the definition.

15 After item 51 of Schedule 1

Insert:

51A Paragraph 77(a)

Omit “of such amount per week as is equal to the amount of the minimum rate for the time being determined under the Employment Act 1988”, substitute “equal to the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.

51B Paragraph 77(b)

Omit “such amount per week as is equal to 3/4 of the amount of the minimum rate for the time being payable determined under the Employment Act 1988”, substitute “3/4 of the national minimum wage applying to an award/agreement free employee in Norfolk Island under Part 2‑6 of the Fair Work Act 2009 of the Commonwealth”.

51C Dictionary at the end of the Act (definition of Chief Executive Officer)

Repeal the definition.

51D Dictionary at the end of the Act (definition of public servant)

Repeal the definition.

16 After item 53D of Schedule 1

Insert:

53E Subsection 196(3) (paragraph (a) of the definition of Administration)

Omit “within the meaning of the Public Service Act 2014”.

53F Subsection 196(3) (paragraph (c) of the definition of Administration)

Omit “within the meaning of the Public Service Act 2014; or”, substitute “;”.

17 After item 57 of Schedule 1

Insert:

57A Subsection 7(5)

Repeal the following definitions:

(a) definition of Chief Executive Officer;

(b) definition of public office;

(d) definition of public service.

18 Part 1 of Schedule 1 (before heading specifying Disaster and Emergency Management Act 2001 (Norfolk Island))

Insert:

Dangerous Drugs Act 1927 (Norfolk Island)

62A Subsection 3(1) (definition of legally qualified dentist)

Repeal the definition, substitute:

legally qualified dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.

19 Part 1 of Schedule 1 (before heading specifying Environment Act 1990 (Norfolk Island))

Insert:

Enactments Reprinting Act 1980 (Norfolk Island)

76T Subsection 7A(1) (example)

Repeal the example.

20 After item 97 of Schedule 1

Insert:

Firearms and Prohibited Weapons Regulations 1998 (Norfolk Island)

97A Subregulation 3M(1)

Omit “and the Public Sector Management Act 2000 or any Regulations made thereunder”.

97B Subregulation 3M(2)

Omit “under the provisions of the Public Sector Management Act 2000 or any Regulations thereunder”.

21 After item 101 of Schedule 1

Insert:

101AA Subsection 10(2)

Omit “will be appointed under the Public Sector Management Act 2000 and”.

22 After item 101A of Schedule 1

Insert:

Health Act 1913 (Norfolk Island)

102AA Subparagraphs 21(3)(g)(i) to (iii)

Repeal the subparagraphs, substitute:

(i) a registered medical practitioner (within the meaning of the Health Practitioners Act 1983); or

(ii) a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession; or

(iii) a person acting under the direction of such a practitioner; or

23 Before item 110 of Schedule 1

Insert:

110AA Section 5 (definition of Chief Executive Officer)

Repeal the definition.

24 After item 149 of Schedule 1

Insert:

149A Section 4

Repeal the section.

25 After item 157 of Schedule 1

Insert:

157A Subsection 12(2)

Insert:

Administration:

(a) in relation to things done before the final transition time—has the same meaning as it had under section 4 of the Norfolk Island Act 1979 of the Commonwealth as in force immediately before the final transition time; and

(b) otherwise—means the Norfolk Island Regional Council.

157B Subsection 12(2) (at the end of the definition of Administration printer)

Add “as it existed before the interim transition time”.

26 Item 159 of Schedule 1

Repeal the item, substitute:

159 Subsection 12(2)

Repeal the following definitions:

(a) definition of appoint;

(b) definition of calendar year.

159A Subsection 12(2) (definition of Chief Executive Officer)

Repeal the definition, substitute:

Chief Executive Officer means the general manager of the Norfolk Island Regional Council.

159B Subsection 12(2) (definition of contravene)

Repeal the definition.

27 Item 165 of Schedule 1

Repeal the item, substitute:

165 Subsection 12(2)

Repeal the following definitions:

(a) definition of month;

(b) definition of oath or affidavit;

(d) definition of prescribed;

(e) definition of proclamation.

165A Subsection 12(2) (definition of public sector employee or public service employee)

Repeal the definition, substitute:

public sector employee or public service employee means an employee in the public service except the general manager of the Norfolk Island Regional Council.

165B Subsection 12(2) (definition of public service)

Repeal the definition, substitute:

public service means the group consisting of:

(a) the employees of the Norfolk Island Regional Council; and

(b) the employees of territory instrumentalities.

165C Subsection 12(2)

Repeal the following definitions:

(a) definition of regulations;

(b) definition of rules of Court;

(d) definition of State Act.

165D Subsection 12(2)

Insert:

territory instrumentality means a body corporate that is established by or under an enactment (including the Companies Act 1985) and either:

(a) comprises persons, or has a governing body comprising persons, a majority of whom are or may be appointed by or on behalf of the Commonwealth Minister or the Norfolk Island Regional Council; or

(b) is subject to direction or control by the Commonwealth Minister.

28 Item 190 of Schedule 1 (clause 7 of Schedule 1 (heading))

Repeal the heading, substitute:

7 Money to be paid or given to the Norfolk Island Regional Council instead of a Minister

29 Item 190 of Schedule 1 (clause 7 of Schedule 1)

Omit “Administration”, substitute “Norfolk Island Regional Council”.

30 Item 190 of Schedule 1 (paragraphs 10(1)(b) and (c) of Schedule 1)

Repeal the paragraphs, substitute:

(b) a councillor of the Norfolk Island Regional Council;

31 After item 190 of Schedule 1

Insert:

Juries Act 1960 (Norfolk Island)

190A Section 8

Omit “electoral roll for the Territory”, substitute “residential roll kept under section 298 of the Local Government Act 1993 (NSW) (as it applies in the Territory because of section 18A of the Norfolk Island Act 1979 (Commonwealth))”.

190B Paragraph 10(j)

Omit “officers of the Public Service of the Territory”, substitute “public servants”.

190C Subparagraphs 10(r)(ii), (x) and (xi)

Omit “Norfolk Island public service”, substitute “public service”.

Justices of the Peace Act 1972 (Norfolk Island)

190D Section 3 (definition of resident)

Repeal the definition.

190E Subsection 4(1)

Repeal the subsection.

190F Paragraph 4(2)(a)

Omit “not being a resident,”.

190G Subsections 8(2) and (2A)

Repeal the subsections, substitute:

(2) Without limiting subsection (1), the Commonwealth Minister must terminate the appointment of a person as a Justice of the Peace if the person ceases to be ordinarily resident in Norfolk Island.

32 Before item 191 of Schedule 1

Insert:

190S Subsection 3(1) (definition of Chief Executive Officer)

Repeal the definition.

190T Subsection 3(1)

Repeal the following definitions:

(a) definition of public servant;

(b) definition of public service.

190U Subsection 6(2)

Omit “an officer or employee of the Public Service”, substitute “a public servant”.

33 After item 193 of Schedule 1

Insert:

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

193A Section 39 (paragraph (b) of the definition of public authority)

Repeal the paragraph, substitute:

(b) the public service;

193B Section 39 (paragraph (c) of the definition of public authority)

Omit “within the meaning of the Public Sector Management Act 2000”.

193C Section 82 (paragraph (c) of the definition of community organisation)

Omit “any public sector agency within the meaning of the Public Sector Management Act 2000”, substitute “the public service, a territory instrumentality, a holder of an office established by an enactment”.

193D Subsection 87(3)

Omit “a public sector agency within the meaning of the Public Sector Management Act 2000 or another person or body acting on behalf of the Administration”, substitute “covered by paragraph (c) of the definition of community organisation in section 82”.

34 After item 194 of Schedule 1

Insert:

194A Section 3 (definition of Public Service)

Repeal the definition.

35 After item 197 of Schedule 1

Insert:

197A Subsections 28(1) and (2)

Omit “an officer or employee of the Public Service”, substitute “an employee in the public service”.

197B Section 32

Omit “an officer or employee of the Public Service”, substitute “an employee in the public service”.

36 After item 198 of Schedule 1

Insert:

198A Item 2 of the Schedule (definition of resident practitioner)

Repeal the definition, substitute:

resident practitioner means a practitioner who is ordinarily resident in Norfolk Island.

37 Before item 200 of Schedule 1

Insert:

200AA Subsection 4(1)

Insert:

aircraft includes aeroplanes, seaplanes, airships, balloons or any other means of aerial locomotion.

member of the crew, of an aircraft or a ship, includes:

(a) for an aircraft—the pilot; and

(b) for a ship—the master, a mate and an engineer.

38 After item 200 of Schedule 1

Insert:

200A Subsection 4(1)

Insert:

ship means any vessel used in navigation, other than air navigation, and includes a barge, lighter or any other floating vessel.

39 After item 202 of Schedule 1

Insert:

202A Section 75

Before “A person”, insert “(1)”.

202B Section 75

Omit all the words from and including “except”, to and including “Customs Act 1913”, substitute “except under the authority of the Commonwealth Minister”.

202C At the end of section 75

Add:

(2) Subsection (1) does not apply if:

(a) the person is:

(i) a passenger on, or a member of the crew of, an aircraft or a ship; and

(ii) 18 years of age or over; and

(b) the liquor is imported as:

(i) accompanied personal effects of the person, whether in unchecked baggage, checked baggage or otherwise carried by the person; or

(ii) unaccompanied personal or household effects of the person.

202D Paragraph 98(2)(e)

Repeal the paragraph, substitute:

(e) a public servant;

40 Before item 203 of Schedule 1

Insert:

202E Subsection 4(1) (paragraph (d) of the definition of Authorised officer)

Repeal the paragraph.

202F Subsection 68(2)

Omit “any officer as defined by the Immigration Act 1980,”.

202G Subsection 79(6)

Repeal the subsection.

202H Paragraphs 104(1)(d) and (e)

Repeal the paragraphs.

202J Paragraph 106(4)(a)

Repeal the paragraph.

41 Part 1 of Schedule 1 (before heading specifying Norfolk Island Broadcasting Regulations 2002 (Norfolk Island))

Insert:

Mental Health Act 1996 (Norfolk Island)

206AA Section 4 (definition of doctor)

Repeal the definition, substitute:

doctor means a registered medical practitioner (within the meaning of the Health Practitioners Act 1983).

206AB Subsection 18(1)

Omit “officer or employee of the Public Service”, substitute “employee in the public service”.

42 Part 1 of Schedule 1 (before heading specifying Official Survey Act 1978 (Norfolk Island))

Insert:

Norfolk Island Planning and Environment Board Act 2002 (Norfolk Island)

209A Section 3 (definition of Chief Executive Officer)

Repeal the definition.

43 After item 213 of Schedule 1

Insert:

213A Section 6 (definition of Chief Executive Officer)

Repeal the definition.

44 After item 228 of Schedule 1

Insert:

228A Subsection 95(3) (paragraph (e) of the definition of official)

Repeal the paragraph, substitute:

(e) a public servant; or

45 After item 232 of Schedule 1

Insert:

Poisons and Dangerous Substances Act 1957 (Norfolk Island)

232A Section 4 (definition of dentist)

Repeal the definition, substitute:

dentist means a registered health practitioner (within the meaning of the Health Practitioners Act 1983) who is registered in the dental health profession.

232B Section 4 (definition of pharmaceutical chemist)

Omit “person whose name is registered in the Register of Pharmaceutical Chemists kept under”, substitute “registered pharmaceutical chemist within the meaning of”.

46 Before item 233 of Schedule 1

Insert:

233AA Subsection 3(1) (definition of Chief Executive Officer)

Repeal the definition.

47 After item 294 of Schedule 1

Insert:

Roads Act 2002 (Norfolk Island)

294A Subsection 4(1) (definition of Chief Executive Officer)

Repeal the definition.

48 After item 297 of Schedule 1

Insert:

Sentencing Act 2007 (Norfolk Island)

297A Subsection 48(1) (definition of medical practitioner)

Omit “Medical Practitioners Registration”, substitute “Health Practitioners”.

49 Part 1 of Schedule 1 (before heading specifying Supreme Court Act 1960 (Norfolk Island))

Insert:

Subdivision Act 2002 (Norfolk Island)

335A Section 4 (definition of Chief Executive Officer)

Repeal the definition.

50 Before item 337 of Schedule 1

Insert:

337AA Paragraph 2(a)

Repeal the paragraph, substitute:

(a) to make provision in relation to the ownership of telecommunications services;

51 Item 338 of Schedule 1

Repeal the item, substitute:

338 Section 3

Omit “employee”.

338A Section 3

Omit “public payphone”.

338B Part 2 (heading)

Repeal the heading, substitute:

Part 2—Ownership

338C Sections 5 to 16

Repeal the sections.

52 After item 339 of Schedule 1

Insert:

339A Section 42

Omit “supplied by the Administration” (wherever occurring).

339B Subsection 44(1)

Omit “operated by the Administration”.

339C Subsections 44(1) and (2)

Omit “supplied by the Administration”.

339D Section 45

Omit “belonging to the Administration”.

339E Section 55B

Repeal the section.

339F Item 2 of Schedule 1 (paragraph (a) of the definition of customer cabling)

Omit “operated by the Administration”.

339G Item 2 of Schedule 1 (definition of customer equipment)

Omit “operated by the Administration”.

53 Item 340 of Schedule 1

Repeal the item substitute:

340 Item 2 of Schedule 1

Repeal the following definitions:

(a) definition of disallowable instrument;

(b) definition of employee.

340A Item 2 of Schedule 1 (paragraph (b) of the definition of intercept)

Omit “by the Administration,”.

340B Item 2 of Schedule 1 (paragraph (d) of the definition of public mobile telecommunications service)

Omit “operated by the Administration”.

340C Item 2 of Schedule 1 (definition of public payphone)

Repeal the definition.

54 After item 341D of Schedule 1

Insert:

341DA Subsection 38A(3)

Omit “medical practitioner registered under the Medical Practitioners Registration Act 1983”, substitute “registered medical practitioner (within the meaning of the Health Practitioners Act 1983)”.

55 Before item 342 of Schedule 1

Insert:

341T Section 5 (definition of Chief Executive Officer)

Repeal the definition.

56 At the end of Part 1 of Schedule 1

Add:

344 Subsection 29(3) (paragraph (d) of the definition of official)

Repeal the paragraph, substitute:

(d) a public servant.

Tuberculosis Act 1950 (Norfolk Island)

345 Section 2 (definition of medical practitioner)

Omit “Medical Practitioners Registration”, substitute “Health Practitioners”.

57 In the appropriate position in Part 2 of Schedule 1

Insert:

Division 5—Savings provision relating to Justices of the Peace

356 Saving certain appointments of Justices of the Peace

Despite the repeal of subsection 4(1) of the Justices of the Peace Act 1972 (Norfolk Island) by this Schedule, an appointment that was in force under that subsection immediately before the repeal continues in force after that repeal according to its terms.

Schedule 5—Other repeals and transitional provisions

Part 1—Repeals

Norfolk Island Continued Laws Ordinance 2015

1 Part 1 of Schedule 1 (heading specifying Customs Act 1913 (Norfolk Island))

Repeal the heading.

2 Item 62 of Schedule 1

Repeal the item.

3 Part 1 of Schedule 1 (heading specifying Goods and Services Tax Act 2007 (Norfolk Island))

Repeal the heading.

4 Items 102 to 106 of Schedule 1

Repeal the items.

5 Part 1 of Schedule 1 (heading specifying Ombudsman Act 2012 (Norfolk Island))

Repeal the heading.

6 Item 211 of Schedule 1

Repeal the item.

7 Part 1 of Schedule 1 (heading specifying Public Moneys Act 1979 (Norfolk Island))

Repeal the heading.

8 Items 264 to 273 of Schedule 1

Repeal the items.

9 Part 1 of Schedule 1 (heading specifying Social Services Act 1980 (Norfolk Island))

Repeal the heading.

10 Items 298 to 334 of Schedule 1

Repeal the items.

11 Part 1 of Schedule 1 (heading specifying Social Services Regulations (Norfolk Island))

Repeal the heading.

12 Item 335 of Schedule 1

Repeal the items.

13 Item 351 of Schedule 1

Repeal the items.

14 Item 1 of Schedule 2

Insert:

Airport Runways Loan Act 2003

Cascade Cliff Loan Act 1998

Census and Statistics Act 1961

Customs Act 1913

Departure Fee Act 1980

Foreign Marriages Act 1963

Goods and Services Tax Act 2007

Greenwich University Act 1998

Ombudsman Act 2012

Postal Services Act 1983

Public Moneys Act 1979

Social Services Act 1980

Weights Act 1926

15 Item 2 of Schedule 2

Insert:

Census and Statistics Regulations 2011

Customs Regulations 1986

Goods and Services Tax Regulations 2007

Postal Services Regulations 2013

Social Services Regulations

Part 2—Transitional provisions

Norfolk Island Continued Laws Ordinance 2015

16 In the appropriate position in Schedule 2

Insert:

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

22 Definitions

In this Part:

old Act means the Goods and Services Tax Act 2007 (Norfolk Island) as in force immediately before 1 July 2016.

registered person has the same meaning as in the old Act.

taxable supply has the same meaning as in the old Act.

termination day means 1 January 2018.

transition period means the period commencing on I July 2016 and ending on 1 January 2018.

23 The Goods and Services Tax Act 2007 to continue for certain purposes despite its repeal

(1) This item applies if:

(a) a registered person made a taxable supply before 1 July 2016; and

(b) all steps and processes required or permitted under the old Act had not been completed by, or in relation to, the person, or in relation to the taxable supply, before 1 July 2016.

(2) Despite the repeal of the old Act by this Schedule, those steps and processes continue to be required or permitted during the transition period as if the old Act had not been repealed and for that purpose:

(a) a power or function conferred on the Chief Revenue Officer under the old Act may be exercised and performed by the Norfolk Island Regional Council; and

(b) sections 9 and 9A of the old Act continue to apply in relation to the registered person in relation to the taxable supply; and

(d) the registered person must retain the records mentioned in section 12D of the old Act for a period of 5 years commencing on the day the records were created and ending on termination day.

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

24 Requirement to pay money to public account under the Public Moneys Act 1979 etc.

On and after 1 July 2016, a requirement in a continued law to pay money into the Public Account or into a Fund (however described) within the Public Account is taken to be satisfied if the money is paid to the Norfolk Island Regional Council.