Norfolk Island Standard Time Amendment (Daylight Saving) Ordinance 2018

I, the Honourable Paul de Jersey AC, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance.

Dated 06 December 2018

Paul de Jersey AC

Administrator of the Government of the Commonwealth of Australia

By His Excellency’s Command

Sussan Ley

Assistant Minister for Regional Development and Territories
Parliamentary Secretary to the Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development

Contents

1 Name

2 Commencement

3 Authority

4 Schedules

Schedule 1—Amendments

Norfolk Island Standard Time Ordinance 2015

1  Name

  This Ordinance is the Norfolk Island Standard Time Amendment (Daylight Saving) Ordinance 2018.

2  Commencement

 (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.

Note: This table relates only to the provisions of this Ordinance as originally made.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 section 19A of 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  Each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.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

Norfolk Island Standard Time Ordinance 2015

1  Before section 1

Insert:

Part 1—Preliminary

2  Section 4

Insert:

daylight saving period means:

 (a) a period starting at 2 am on the first Sunday in October in each year and ending at 2 am on the first Sunday in the following April; or

 (b) if the Minister declares a different period under section 4A of this Ordinance—that period.

daylight saving time means the time prescribed by section 7 of this Ordinance.

standard time means the time prescribed by section 6 of this Ordinance.

3  After section 4

Insert:

4A  Declaration of daylight saving period

  For the purposes of paragraph (b) of the definition of daylight saving period in section 4 of this Ordinance, the Minister may, by legislative instrument, declare a period to be a daylight saving period.

4  Before section 6

Insert:

Part 2—Time in Norfolk Island

5  Section 7

Repeal the section, substitute:

7  Daylight saving time in Norfolk Island

  During a daylight saving period, daylight saving time in Norfolk Island is 1 hour in advance of standard time.

8  References to time etc.

 (1) Subsection (2) applies if:

 (a) a legal instrument includes an expression of time; or

 (b) the doing or refraining from doing anything at, before or after a certain time has an effect in law.

 (2) Unless there is a contrary intention, the time must be determined using:

 (a) standard time; or

 (b) for a time within a daylight saving period—daylight saving time.

 (3) However, paragraph (2)(b) does not affect:

 (a) the use of standard time for the purposes of astronomy, meteorology or navigation; or

 (b) the meaning of a reference in a document to a time in connection with any of those purposes.

 (4) Subsection (2) applies in relation to a legal instrument even if the instrument was made before the commencement of this section.

Part 3—Application, saving and transitional provisions

9  Amendments made by the Norfolk Island Standard Time Amendment (Daylight Saving) Ordinance 2018

  The amendments made by the Norfolk Island Standard Time Amendment (Daylight Saving) Ordinance 2018 apply in relation to the daylight saving period that starts on 6 October 2019 and later daylight saving periods.