Territories Law Reform Act 2010
Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)
1 Short title...........................................................................................1 2 Commencement.................................................................................1 3 Schedule(s)........................................................................................3
Schedule 1—Amendments relating to Norfolk Island 4 Part 1—General amendments 4 Division 1—Amendment of the Norfolk Island Act 1979 4 Norfolk Island Act 1979 4 Division 2—Consequential amendments 19 Aboriginal and Torres Strait Islander Heritage Protection Act 1984 19 Environment Protection and Biodiversity Conservation Act 1999 19 Freedom of Information Act 1982 20 Hazardous Waste (Regulation of Exports and Imports) Act 1989 20 Historic Shipwrecks Act 1976 20 International Criminal Court Act 2002 20 International Transfer of Prisoners Act 1997 20 National Health Security Act 2007 21 Privacy Act 1988 21 Remuneration Tribunal Act 1973 21 Part 2—Amendments relating to elections 22 Division 1—Dates for elections 22 Norfolk Island Act 1979 22 Division 2—Other matters 22 Norfolk Island Act 1979 22 Part 3—Amendments relating to finance 24 Norfolk Island Act 1979 24 Part 4—Amendments relating to the Administrative Appeals Tribunal 49 Administrative Appeals Tribunal Act 1975 49 Part 5—Amendments relating to freedom of information 55 Freedom of Information Act 1982 55
Part 6—Amendments relating to the Ombudsman 72 Norfolk Island Act 1979 72 Ombudsman Act 1976 72 Part 7—Amendments relating to privacy 74
Australian Capital Territory Government Service (Consequential Provisions) Act 1994 74 Privacy Act 1988 74 Schedule 2—Amendments relating to Christmas Island 84 Christmas Island Act 1958 84
An Act to amend the law relating to Norfolk Island, Christmas Island and the Cocos (Keeling) Islands, and for other purposes
[Assented to 10 December 2010]
This Act may be cited as the Territories Law Reform Act 2010.
(1) Each provision of this Act 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 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not | The day this Act receives the Royal Assent. | 10 December 2010 |
elsewhere covered | ||
by this table | ||
2. Schedule 1, Part 1 | The day after this Act receives the Royal Assent. | 11 December 2010 |
3. Schedule 1, Part 2 | The start of the first meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the day this Act receives the Royal Assent. | |
The Minister must announce by notice in the Gazette the time of the start of the first | ||
meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the day this Act receives the Royal Assent. | ||
The notice is not a legislative instrument. |
4. Schedule 1, Part 3 | The day after this Act receives the Royal Assent. | 11 December 2010 |
5. Schedule 1, Part 4 | 1 January 2011. | 1 January 2011 |
6. Schedule 1, items 155 to 175 | 1 January 2011. | 1 January 2011 |
7. Schedule 1, items 176 to 182 | Immediately after the commencement of item 3 of Schedule 2 to the Freedom of | 1 May 2011 |
Information Amendment (Reform) Act 2010. | ||
8. Schedule 1, items 183 to 239 | 1 January 2011. | 1 January 2011 |
9. Schedule 1, A single day to be fixed by Proclamation. Part 6
However, if any of the provision(s) do not
Commencement information | ||
---|---|---|
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | Date/Details |
10. Schedule 1, Part 7 | 1 January 2011. | 1 January 2011 |
11. Schedules 2 and 3 | The day after this Act receives the Royal Assent. | 11 December 2010 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in Column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Division 1—Amendment of the Norfolk Island Act 1979
1 Subsection 4(1)
Insert:
Chief Minister means the Chief Minister appointed under section 13.
2 Subsection 4(1)
Insert:
Commonwealth Finance Minister means the Commonwealth Minister who administers the Financial Management and Accountability Act 1997.
3 Subsection 4(1)
Insert:
Commonwealth Gazette means the Commonwealth of Australia Gazette.
4 Subsection 4(1)
Insert:
Commonwealth Minister means a Minister of State of the Commonwealth.
5 Subsection 4(1) (definition of executive member)
Repeal the definition.
6 Subsection 4(1) (definition of executive office)
Repeal the definition.
7 Subsection 4(1) (definition of Finance Minister)
Repeal the definition.
8 Subsection 4(1)
Insert: Minister means:
9 Subsection 4(1)
Insert:
Minister for Finance means the Minister who is responsible for the administration of the Public Account of Norfolk Island.
10 Subsection 4(1)
Insert:
Norfolk Island Public Service Values means the rules prescribed by regulations made for the purposes of subsection 61A(1).
11 Subsection 4(1)
Insert:
responsible Commonwealth Minister means the Commonwealth Minister who administers this Act.
12 Paragraph 7(1)(e)
Omit “Minister”, substitute “responsible Commonwealth Minister”.
13 Subsection 7(2)
Omit “paragraph (1)(b)”, substitute “paragraphs (1)(a) and (b)”.
14 Subsection 7(2)
Omit “that paragraph”, substitute “paragraph (1)(a) or (b)”.
15 Subsection 7(2)
Omit “Minister”, substitute “responsible Commonwealth Minister”.
16 Subsection 7(3)
Omit “Minister” (first occurring), substitute “responsible Commonwealth Minister”.
17 Subsection 7(3)
Omit “paragraph (1)(b)”, substitute “paragraph (1)(a) or (b)”.
18 Subsection 7(3)
Omit “Minister” (second occurring), substitute “responsible Commonwealth Minister”.
19 Section 9
Repeal the section, substitute:
20 Subsection 10(2)
Omit “The Deputy Administrator”, substitute “A deputy of the Administrator”.
21 Subsection 11(2)
Repeal the subsection, substitute:
(2) The Executive Council consists of:
22 Subsection 11(8)
Repeal the subsection.
23 Sections 12, 13 and 14
Repeal the sections, substitute:
is taken to be employed in the Public Service of the Territory or of the Commonwealth, as the case requires.
12A Nomination of Chief Minister
Note: The maximum number of other Ministers is 3—see subsection 12(1).
Chief Minister
(1) A person ceases to hold office as the Chief Minister when:
whichever first happens.
Other Ministers
(2) A person ceases to hold office as a Minister (other than the Chief Minister) when:
whichever first happens.
24 Subsection 15(2)
Omit “appointed to an executive office shall”, substitute “appointed to an office of Minister must”.
Note: The heading to section 15 is altered by omitting “executive member” and substituting “Minister etc.”.
25 Subsection 15(3)
Omit “does not hold executive office”, substitute “is not a Minister”.
26 At the end of Part III
Add:
27 After subsection 21(1)
Insert:
(1A) If the proposed law was introduced into the Legislative Assembly by the Governor-General, the Administrator must reserve the proposed law for the Governor-General’s pleasure.
28 At the end of paragraph 21(2)(a)
Add:
(iii) that he or she reserves the proposed law for the Governor-General’s pleasure; or
29 Subsection 21(5)
Omit “Executive Council.”, substitute “Executive Council and the instructions (if any) of the responsible Commonwealth Minister. If there is an inconsistency between the advice of the Executive Council and the instructions of the responsible Commonwealth Minister, the instructions of the responsible Commonwealth Minister are to prevail to the extent of the inconsistency.”.
30 Subsection 21(6)
Omit “Minister”, substitute “responsible Commonwealth Minister”.
31 Subsection 22(3)
Omit “21(2)”, substitute “21(1A) or (2)”.
32 At the end of Division 2 of Part IV
Add:
The responsible Commonwealth Minister may, by message of the Administrator, introduce into the Legislative Assembly a proposed law for the peace, order and good government of the Territory.
33 At the end of paragraph 27(1)(a)
Add “and”.
34 Paragraph 27(1)(b)
Omit “and”.
35 Paragraph 27(1)(c)
Repeal the paragraph.
36 Subsection 27(4)
Omit “Minister”, substitute “responsible Commonwealth Minister”.
37 Subsection 28A(1)
Omit “Minister”, substitute “responsible Commonwealth Minister”.
38 After subsection 35(1)
Insert:
(1A) Subsection (1) does not apply to a general election held in accordance with section 39AB or 39AC.
39 At the end of Division 1 of Part V
Add:
The Administrator may dismiss a member of the Legislative Assembly from office if the member has engaged, or is engaging, in:
(1) If:
dissolve the Legislative Assembly under section 39AC; a general election of members of the Legislative Assembly is to be held on a day specified by the responsible Commonwealth Minister by notice published in the Commonwealth Gazette.
general election mentioned in subsection (1); the Administrator:
the Administrator:
40 At the end of section 42
Add:
(7) If a motion of no confidence in the Chief Minister is before the Legislative Assembly, the Legislative Assembly must deal with that motion before proceeding to the despatch of any other business.
41 After section 42
Insert:
42 Section 49
Omit “Finance Minister” (wherever occurring), substitute “Commonwealth Finance Minister”.
43 Subsection 50(1)
Omit “Finance Minister”, substitute “Commonwealth Finance Minister”.
44 Subsection 50A(1)
Omit “Finance Minister”, substitute “Commonwealth Finance Minister”.
45 Subsection 50A(2)
Omit “Finance Minister” (wherever occurring), substitute “Commonwealth Finance Minister”.
46 Subsection 50D(1)
Omit “Finance Minister”, substitute “Commonwealth Finance Minister”.
Note: The heading to section 50D is altered by omitting “Finance Minister” and substituting “Commonwealth Finance Minister”.
47 Subsection 50D(1)
Omit “Finance Minister’s”, substitute “Commonwealth Finance Minister’s”.
48 Subsection 50D(2)
Omit “Finance Minister”, substitute “Commonwealth Finance Minister”.
49 Subsection 53(2)
Omit “Minister”, substitute “responsible Commonwealth Minister”.
50 After section 61
Insert:
51 Section 62
Omit “Minister”, substitute “responsible Commonwealth Minister”.
52 Subsection 65(4)
Omit “executive member”, substitute “Minister”.
53 Subsection 67(2)
Omit all the words after “or 3,”, substitute: but regulations repealing or altering an item in Schedule 2 or 3 must not be made unless:
54 Item 42 of Schedule 2
Omit “executive members”, substitute “Ministers”.
55 Schedule 6
Omit “holding executive office” (wherever occurring), substitute “holding office as a Minister”.
56 Transitional—Chief Minister
57 Transitional—other Ministers
58 Transitional—maximum number of Ministers
the following provisions of the Norfolk Island Act 1979 as amended by
this Division:
have effect as if each reference in those provisions to 3 were a reference to the transitional number.
59 Application of amendments—nomination of Chief Minister
Subsection 12A(1) of the Norfolk Island Act 1979 as amended by this Division applies in relation to the first meeting of the Legislative Assembly of Norfolk Island after a general election that occurs after the commencement of this item.
60 Application of amendments—presentation of proposed laws
The amendments of sections 21 and 22 of the Norfolk Island Act 1979 made by this Division apply in relation to a proposed law presented to the Administrator under subsection 21(1) of that Act after the commencement of this item.
Division 2—Consequential amendments
61 Subsection 13(1) (definition of Minister)
Repeal the definition.
62 Subsection 393(3)
Omit “person holding an office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.
63 Subsection 393(3)
Omit “that Act”, substitute “the Norfolk Island Act 1979”.
64 Subsection 398(2)
Omit “person holding an office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.
65 Subsection 398(2)
Omit “that Act”, substitute “the Norfolk Island Act 1979”.
66 Subparagraph 4(3)(a)(iii)
Omit “an executive office created pursuant to section 12 of the Norfolk Island Act 1979”, substitute “of Minister of Norfolk Island”.
67 Subsection 42(4)
Repeal the subsection.
68 Paragraph 4A(12)(c)
Omit “person holding office under section 13 of the Norfolk Island Act 1979”, substitute “Minister of Norfolk Island”.
69 Section 4 (paragraph (d) of the definition of State Minister)
Omit “executive member (within the meaning of the Norfolk Island Act 1979)”, substitute “Minister of Norfolk Island”.
70 Section 4 (definition of State Minister)
Omit “or executive member” (wherever occurring).
71 Section 4 (definition of State Minister)
Omit “or executive member’s”.
72 Subsection 4(1) (paragraph (b) of the definition of Territory Minister)
Omit “executive member (within the meaning of the Norfolk Island Act 1979)”, substitute “Minister of Norfolk Island”.
73 Subsection 4(1) (definition of Territory Minister)
Omit “or executive member” (wherever occurring).
74 Subsection 4(1) (definition of Territory Minister)
Omit “or executive member’s”.
75 Subsection 3(1) (paragraph (d) of the definition of State or Territory Health Minister)
Repeal the paragraph, substitute:
(d) the Minister of Norfolk Island;
76 Subsection 6C(3) (subparagraphs (d)(vi) and (f)(vi) of the definition of State or Territory authority)
Repeal the subparagraphs.
Remuneration Tribunal Act 1973
77 Paragraph 3(4)(jaa)
Omit “executive member”, substitute “Minister”.
Division 1—Dates for elections
78 Subsection 35(2)
Omit “shall not be more than 3 years”, substitute “must not be less than 3 years and must not be more than 4 years”.
79 At the end of section 35
Add:
(3) However, if the next succeeding general election is required because of section 39AB or 39AC, that election may be held less than 3 years after the first meeting mentioned in subsection (2) of this section.
Division 2—Other matters
80 Subsection 31(3)
After “this Act”, insert “and regulations made for the purposes of subsection (4) or (5)”.
81 At the end of section 31
Add:
82 Section 37
Repeal the section.
83 Before section 38
Insert:
The Chief Minister may, on behalf of the Administration, enter into an arrangement under section 7A of the Commonwealth Electoral Act 1918 in relation to:
84 Application of amendments
Part 3—Amendments relating to finance
85 Subsection 4(1) (definition of accounts of the Territory)
Repeal the definition.
86 Subsection 4(1) (definition of Auditor)
Repeal the definition.
87 Subsection 4(1)
Insert:
Chief Executive Officer has the same meaning as in the Public Sector Management Act 2000 of Norfolk Island.
88 Subsection 4(1)
Insert:
Commonwealth Finance Minister’s Orders means Orders made under section 48T.
89 Subsection 4(1)
Insert:
Commonwealth Financial Officer for Norfolk Island means the Commonwealth Financial Officer for Norfolk Island appointed under regulations made for the purposes of section 51D.
90 Subsection 4(1)
Insert: Federal Court means the Federal Court of Australia.
91 Subsection 4(1)
Insert: financial management and accountability provisions means:
92 Subsection 4(1)
Insert:
and includes such money that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.
93 Subsection 4(1)
Insert:
performance audit has the same meaning as in the Auditor-General Act 1997.
94 Subsection 4(1)
Insert:
including such property that is held on trust for, or otherwise for the benefit of, a person other than a Territory authority.
95 Subsection 4(1)
Insert:
Public Account of Norfolk Island means the Public Account of Norfolk Island established by subsection 47(1).
96 Subsection 4(1)
Insert:
and includes such money that is held on trust for, or otherwise for the benefit of, a person other than the Administration, but does not include money standing to the credit of the Norfolk Island Provident Account established under the Provident Account Act 1958 of Norfolk Island.
97 Subsection 4(1) (definition of public moneys of the Territory)
Repeal the definition.
98 Subsection 4(1)
Insert:
including such property that is held on trust for, or otherwise for the benefit of, a person other than the Administration.
99 Subsection 4(1)
Insert:
responsible manager, in relation to a Territory authority, means an individual who is responsible for the finances of the Territory authority.
100 Subsection 4(1)
Insert:
Territory authority means:
(iii) a body, entity, organisation or group of persons referred to in paragraph (b);
has a controlling interest. For the purposes of this definition, entity has the same meaning as in the Income Tax Assessment Act 1997, but does not include an individual.
101 Section 25
Omit “, vote, resolution or question, the object or effect of which is to dispose of or charge any public moneys”, substitute “for the appropriation of public money”.
Note: The heading to section 25 is altered by omitting “votes” and substituting “Bills”.
102 At the end of section 25
Add:
Note: See also section 48 (withdrawals from the Public Account of Norfolk Island).
103 Paragraph 27(3)(a)
Omit “moneys”, substitute “money”.
104 Section 46
Repeal the section.
105 Before section 47
Insert:
Division 1—Public Account of Norfolk Island
106 Subsections 47(1) and (2)
Omit “public moneys”, substitute “public money”.
107 Subsection 47(4)
After “Public Account”, insert “of Norfolk Island”.
108 Subsection 47(4)
Omit “moneys” (first occurring), substitute “money”.
109 Subsection 47(4)
Omit “those moneys”, substitute “that money”.
110 Subsection 47(5)
After “Public Account”, insert “of Norfolk Island”.
111 Subsection 47(5)
Omit “moneys” (first occurring), substitute “money”.
112 Subsection 47(5)
Omit “those moneys”, substitute “that money”.
113 Subsection 48(1)
Omit “moneys”, substitute “money”.
114 Subsection 48(1)
After “by”, insert “an appropriation made by”.
115 At the end of subsection 48(1)
Add: Note: See also section 25 (proposal of money Bills).
116 Subsection 48(2)
Omit “moneys”, substitute “money”.
117 After section 48
Insert:
Division 2—Financial management and accountability
48A Preparation of annual budgets by the Minister for Finance
48B Preparation of annual financial statements by the Minister for Finance
48C Audit of annual financial statements
relates; to be tabled in each House of the Parliament.
48D Audit fees for statement audits
48E Performance audits
48F Comments on proposed performance audit report
48G Audits—application of the Auditor-General Act 1997
(a) the Administration; or
(b) a Territory authority; as if:
48H Preparation of periodic financial statements by the Minister for Finance
48J Preparation of annual report by Chief Executive Officer
48K Minister for Finance may obtain information from the responsible manager or managers of a Territory authority
Scope
(1) This section applies to a Territory authority if the Minister for Finance believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Minister for Finance by:
Requirement
Compliance
(4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so.
48L Chief Executive Officer may obtain information from the responsible manager or managers of a Territory authority
Scope
(1) This section applies to a Territory authority if the Chief Executive Officer believes on reasonable grounds that the authority has information that is relevant to the performance of a function, or the exercise of a power, conferred on the Chief Executive Officer by:
Requirement
Compliance
(4) The responsible manager or managers must comply with a requirement under subsection (2) to the extent that the responsible manager is, or the managers are, capable of doing so.
48M Promoting efficient, effective and ethical use etc. of Administration resources
proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration.
48N Promoting efficient, effective and ethical use etc. of the resources of Territory authorities
proper use means efficient, effective and ethical use that is not inconsistent with the policies of the Administration.
48P Accounts and records of the Administration
48Q Accounts and records of Territory authorities
48R Regulations about financial management and accountability— Administration
48S Regulations about financial management and accountability— Territory authorities
48T Commonwealth Finance Minister’s Orders
118 Before section 49
Insert:
Division 3—Borrowing etc.
119 Sections 51, 51A, 51B, 51C, 51D, 51E, 51F and 51G
Repeal the sections, substitute:
Division 4—Commonwealth Ministers to be kept informed
51 Minister for Finance must keep responsible Commonwealth Minister informed
51A Minister for Finance must keep Commonwealth Finance Minister informed
51B Responsible manager or managers of Territory authority must keep responsible Commonwealth Minister informed
51C Responsible manager or managers of Territory authority must keep Commonwealth Finance Minister informed
Division 5—Commonwealth Financial Officer for Norfolk Island
51D Commonwealth Financial Officer for Norfolk Island
Division 6—Injunctions
51E Injunctions—enforcement of financial management and accountability provisions
Restraining injunctions
(1) If a person has engaged, is engaging or is proposing to engage, in any conduct in contravention of any of the financial management and accountability provisions, the Federal Court may, on the application of the responsible Commonwealth Minister, grant an injunction:
Performance injunctions
(2) If:
the Federal Court may, on the application of the responsible Commonwealth Minister, grant an injunction requiring the person to do that act or thing.
Grant of interim injunction
(3) If an application is made to the Federal Court for an injunction under subsection (1), the Court may, before considering the application, grant an interim injunction restraining a person from engaging in conduct of a kind referred to in that subsection.
No undertakings as to damages
(4) The Federal Court is not to require an applicant for an injunction under subsection (1), as a condition of granting an interim injunction, to give any undertakings as to damages.
Discharge or variation of injunctions
(5) The Federal Court may discharge or vary an injunction granted under this section.
Certain limits on granting injunctions not to apply
Other powers of the Federal Court unaffected
(8) The powers conferred on the Federal Court under this section are in addition to, and not instead of, any other powers of the Court, whether conferred by this Act or otherwise.
120 Application—annual budgets
Section 48A of the Norfolk Island Act 1979 as amended by this Part applies in relation to annual budgets for:
121 Application—annual financial statements
Section 48B of the Norfolk Island Act 1979 as amended by this Part applies in relation to financial statements for:
122 Application—periodic financial statements
Section 48H of the Norfolk Island Act 1979 as amended by this Part applies in relation to financial statements for periods that begin on or after 1 July 2011.
123 Application—annual reports
Section 48J of the Norfolk Island Act 1979 as amended by this Part applies in relation to annual reports for:
124 Transitional—audit
Despite the following repeals effected by this Part:
the Norfolk Island Act 1979 continues to apply, after the commencement of this item, in relation to:
as if those repeals had not been effected.
125 Transitional—pre-commencement appropriation
If any issue or expenditure of money was authorised by an enactment that commenced before the commencement of this item, subsection 48(1) of the Norfolk Island Act 1979 as amended by this Part has effect as if the issue or expenditure had been authorised by an appropriation made by an enactment.
Part 4—Amendments relating to the Administrative Appeals Tribunal
Administrative Appeals Tribunal Act 1975
126 Subsection 3(1)
Insert:
authority of Norfolk Island means an authority, tribunal or other body, whether incorporated or not, that is established by a Norfolk Island enactment.
127 Subsection 3(1) (paragraph (b) of the definition of enactment)
Omit “or the Australian Capital Territory”, substitute “, the Australian Capital Territory or Norfolk Island”.
128 Subsection 3(1) (at the end of the definition of enactment)
Add:
Note: See also subsection 25(8) (Norfolk Island enactments).
129 Subsection 3(1)
Insert:
Norfolk Island enactment means:
under such an enactment; and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.
130 Subsection 3(1)
Insert: Norfolk Island Justice Minister means the Norfolk Island Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island.
131 Subsection 3(1)
Insert:
Norfolk Island Minister means a Minister of Norfolk Island.
132 After subsection 25(1)
Insert:
(2) The regulations may provide that applications may be made to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment.
133 Subsection 25(3)
After “(1)”, insert “or (2)”.
134 After subsection 25(5)
Insert:
(5A) For the purposes of regulations that make provision in accordance with this section for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment, a failure by a person to do an act or thing within the period prescribed by:
Norfolk Island enactment; as the period within which that person is required or permitted to do that act or thing is taken to constitute the making of a decision by that person at the end of that period not to do that act or thing.
135 At the end of section 25
Add:
Norfolk Island enactment
(8) If the regulations make provision in accordance with subsection (2) for the making of applications to the Tribunal for review of decisions made in the exercise of powers conferred by a Norfolk Island enactment (the primary Norfolk Island enactment), this Act, other than:
(h) section 59; has effect as if:
the primary Norfolk Island enactment; were an enactment (within the meaning of this Act).
136 Paragraph 26(1)(a)
Before “the enactment”, insert “if regulations made for the purposes of subsection 25(2) (which deals with Norfolk Island) did not authorise the making of the application—”.
137 After paragraph 26(1)(a)
Insert: (aa) if regulations made for the purposes of subsection 25(2) authorised the making of the application—the Norfolk Island enactment under which the decision was made expressly permits the decision to be altered; or
138 Subsection 27(1)
After “authority of the Commonwealth”, insert “or Norfolk Island or an authority of Norfolk Island”.
139 At the end of subsection 27(1)
Add:
Note: The enactment may be regulations made for the purposes of subsection 25(2) (review of decisions made in the exercise of powers conferred by a Norfolk Island enactment).
140 Paragraph 27A(2)(a)
After “25(5)”, insert “or (5A)”.
141 Paragraph 29(1)(d)
After “25(5)”, insert “or (5A)”.
142 Subsection 29(3)
After “25(5)” (wherever occurring), insert “or (5A)”.
143 At the end of section 36B
Add:
Norfolk Island
(6) In this section:
Attorney-General, in relation to Norfolk Island, means the Norfolk Island Justice Minister. Cabinet, in relation to Norfolk Island, means a body that:
(a) consists of Norfolk Island Ministers; and
(b) corresponds to the Cabinet. State includes Norfolk Island.
144 At the end of section 36C
Add:
Norfolk Island
(4) In this section:
Attorney-General, in relation to Norfolk Island, means the Norfolk Island Justice Minister. State includes Norfolk Island.
145 At the end of section 36D
Add:
Norfolk Island
(8) In this section:
Attorney-General, in relation to Norfolk Island, means the Norfolk Island Justice Minister. State includes Norfolk Island.
146 At the end of subsection 43B(1)
Add:
Note: The enactment may be regulations made for the purposes of subsection 25(2) (review of decisions made in the exercise of powers conferred by a Norfolk Island enactment).
147 Section 59
Before “If an enactment”, insert “(1)”.
148 At the end of section 59
Add:
(2) If the regulations so provide, the Tribunal may give an advisory opinion on a matter or question:
(a) arising under a Norfolk Island enactment; and
(b) referred to the Tribunal in accordance with the regulations; and, for the purpose of giving such an opinion, the Tribunal may
hold such hearings and inform itself in such manner as it thinks appropriate.
149 Subsection 66(4)
Insert: enactment includes a Norfolk Island enactment.
150 Section 66A
Before “If:”, insert “(1)”.
151 At the end of section 66A
Add:
(2) In this section: enactment includes a Norfolk Island enactment.
152 Section 67A
Before “A notice”, insert “(1)”.
153 Section 67A
After “a decision”, insert “(other than a decision under a Norfolk Island enactment)”.
154 At the end of section 67A
Add:
(2) A notice that is required or permitted by this Act to be given to the person who made a decision under a Norfolk Island enactment may be given to the Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island).
Part 5—Amendments relating to freedom of information
Freedom of Information Act 1982
155 Subsection 3(1)
After “the Commonwealth”, insert “or the Government of Norfolk Island”.
156 Subsection 4(1) (definition of agency)
Omit “or a prescribed authority”, substitute “, a prescribed authority or a Norfolk Island authority”.
157 Subsection 4(1)
Insert:
Australia, when used in a geographical sense, includes Norfolk Island.
158 Subsection 4(1) (definition of Cabinet)
Repeal the definition, substitute: Cabinet includes:
159 Subsection 4(1) (paragraph (a) of the definition of Commonwealth contract)
After “the Commonwealth”, insert “, Norfolk Island”.
160 Subsection 4(1) (subparagraph (b)(iii) of the definition of Commonwealth contract)
After “the Commonwealth”, insert “, Norfolk Island”.
161 Subsection 4(1)
Insert:
Minister includes a Norfolk Island Minister.
162 Subsection 4(1)
Insert:
Norfolk Island authority means:
163 Subsection 4(1)
Insert:
Norfolk Island enactment means:
and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.
164 Subsection 4(1)
Insert:
Norfolk Island Minister means a Minister of Norfolk Island.
165 Subsection 4(1) (at the end of the definition of principal officer)
Add: ; or (c) in relation to a Norfolk Island authority—the person holding, or performing the duties of, the office of Chief Executive Officer under the Public Sector Management Act 2000 of Norfolk Island.
166 Subsection 4(1) (at the end of paragraph (d) of the definition of responsible Minister)
Add “or”.
167 Subsection 4(1) (after paragraph (d) of the definition of responsible Minister)
Insert:
(e) in relation to a Norfolk Island authority—the Chief Minister of Norfolk Island;
168 After subsection 4(3)
Insert:
(3A) If an unincorporated body consists of a board, council, committee, sub-committee or other body established by or under a Norfolk Island enactment for the purpose of assisting, or performing functions connected with, a Norfolk Island authority:
(3B) A person is not taken to be a Norfolk Island authority:
(iii) an office of member of a Norfolk Island authority; or
(iv) an office established by a Norfolk Island enactment for the purposes of a Norfolk Island authority.
169 After section 4A
Insert:
4B Extension to Norfolk Island
This Act extends to Norfolk Island.
170 Section 5
Before “For the purposes”, insert “(1)”.
171 Paragraph 5(a)
After “court”, insert “(other than a court of Norfolk Island)”.
172 Paragraph 5(b)
After “judicial office”, insert “(other than a judicial office in a court of Norfolk Island)”.
173 Paragraph 5(b)
After “a court”, insert “(other than a court of Norfolk Island)”.
174 Paragraph 5(c)
After “a court”, insert “(other than a court of Norfolk Island)”.
175 At the end of section 5
Add: (2) For the purposes of this Act:
taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and
(d) a registry or other office of a court of Norfolk Island, and the staff of such a registry or other office when acting in a capacity as members of that staff, are taken to be a part of the court;
but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.
176 Paragraph 8(2)(d)
Repeal the paragraph, substitute:
(d) details of the following appointments:
177 At the end of paragraph 8(2)(e)
Add “or the Legislative Assembly of Norfolk Island”.
178 Paragraph 8(2)(h)
After “provided to the Parliament”, insert “or the Legislative Assembly of Norfolk Island”.
179 At the end of paragraph 8(2)(h)
Add “or the Legislative Assembly of Norfolk Island, as the case may be”.
180 At the end of section 8 (before the notes)
Add:
Definition
(6) In this section: enactment includes a Norfolk Island enactment.
181 At the end of section 8C
Add:
Definition
(4) In this section: enactment includes a Norfolk Island enactment.
182 At the end of Part II
Add:
10B Transitional—Norfolk Island authorities
This Part does not apply to a Norfolk Island authority at any time during the 2-year period beginning at the commencement of this section.
183 After paragraph 11B(4)(a)
Insert: (aa) access to the document could result in embarrassment to the Government of Norfolk Island or cause a loss of confidence in the Government of Norfolk Island;
184 Section 12
Before “A person is not entitled”, insert “(1)”.
185 At the end of section 12
Add:
(2) A person is not entitled to obtain access under this Part to a document or a part of a document that became:
more than 5 years before the commencement of this subsection unless:
(3) In this section:
enactment includes a Norfolk Island enactment.
186 Subsection 15(6)
After “26A,”, insert “26AA,”.
Note: The heading to subsection 15(6) is altered by inserting “26AA,” after “26A,”.
187 Paragraph 20(3)(c)
Omit “or a State”, substitute “, Norfolk Island or a State”.
188 At the end of paragraphs 21(1)(a) and (b)
Add “or”.
189 At the end of subsection 21(1)
Add: ; or (e) if:
until the end of 5 sitting days of the Legislative Assembly of Norfolk Island.
190 Subparagraph 26A(1)(c)(i)
After “relations”, insert “etc.”.
191 At the end of section 26A
Add:
Definition
(6) In this section:
State includes Norfolk Island.
Note: The heading to section 26A is altered by adding at the end “etc.”.
192 After section 26A
Insert:
26AA Consultation—documents affecting Norfolk Island intergovernmental relations
Scope
(1) This section applies if:
Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).
Consultation required
(2) The Norfolk Island authority or Norfolk Island Minister must not decide to give the applicant access to the document unless consultation has taken place between:
Decision to give access
(3) If, after such consultation has taken place, the Norfolk Island authority or Norfolk Island Minister decides to give the applicant access to the document, the Norfolk Island authority or Norfolk Island Minister must give written notice of the decision to:
Access not to be given until review or appeal opportunities have run out
(4) However, the Norfolk Island authority or Norfolk Island Minister must not give the applicant access to the document unless, after all the opportunities of:
for review or appeal in relation to the decision to give access to the document have run out, the decision still stands, or is confirmed.
Note 1: The decision to give access to the document is subject to internal review (see Part VI), review by the Information Commissioner (see Part VII) and review by the Tribunal (see Part VIIA).
Note 2: For when all opportunities for review or appeal in relation to the decision to give access to the document have run out, see subsection 4(1).
Edited copies, Commonwealth-originated information and State-originated information
(5) This section applies:
193 At the end of section 38
Add:
(4) In this section:
enactment includes a Norfolk Island enactment.
194 Subsection 45(1)
Omit “or the Commonwealth”, substitute “, the Commonwealth or Norfolk Island”.
195 Subsection 45(2)
After “prescribed authority”, insert “or Norfolk Island authority”.
196 Paragraph 45(2)(b)
Omit “or the Commonwealth”, substitute “, the Commonwealth or Norfolk Island”.
197 Subsection 47(3)
After “the Commonwealth”, insert “, Norfolk Island”.
198 Subsection 47A(1) (at the end of the definition of electoral roll)
Add: ; or (c) an electoral roll prepared under the Legislative Assembly Act 1979 of Norfolk Island; or
(d) any part of an electoral roll referred to in paragraph (c).
199 At the end of section 47B (before the note)
Add: ; or (c) would, or could reasonably be expected to, cause damage to relations between the Commonwealth and Norfolk Island; or
Note: The heading to section 47B is altered by adding at the end “etc.”.
200 Subsection 47C(1)
Omit all the words after “involved in”, substitute:
the functions of:
201 Section 47D
After “the Commonwealth”, insert “, of Norfolk Island”.
Note: The heading to section 47D is altered by adding at the end “or Norfolk Island”.
202 Paragraph 47E(c)
After “the Commonwealth”, insert “, by Norfolk Island”.
203 Paragraph 47G(1)(b)
After “to the Commonwealth”, insert “, Norfolk Island”.
204 Subsection 47G(4)
After “the Commonwealth”, insert “, Norfolk Island”.
205 After subsection 47J(2)
Insert:
(2A) For the purposes of paragraph (2)(b), Norfolk Island is taken to be a region of Australia.
206 Paragraph 47J(3)(g)
After “by the Commonwealth,”, insert “Norfolk Island,”.
207 Paragraph 47J(3)(g)
After “of the Commonwealth”, insert “, of Norfolk Island”.
208 Section 53B
Before “An access grant decision”, insert “(1)”.
209 Section 53B (note)
Omit “item 1”, substitute “items 1 and 1A”.
210 Section 53B (table item 1)
After “relations”, insert “etc.”.
211 Section 53B (after table item 1)
Insert:
1A consultation with the Commonwealth or a State under section 26AA (documents affecting Norfolk Island intergovernmental relations) is required a decision of an agency or Minister to give the applicant access to the document (or an edited copy of the document) because:
212 At the end of section 53B
Add:
(2) For the purposes of table item 1, State has the same meaning as in section 26A.
213 Section 53C
Before “The following table”, insert “(1)”.
214 Section 53C (after table item 1)
Insert:
1A | consultation with the | the Commonwealth or the State, as the |
Commonwealth or a State | case may be. | |
under section 26AA | ||
(documents affecting Norfolk | ||
Island intergovernmental | ||
relations) is required |
215 At the end of section 53C
Add:
(2) For the purposes of table item 1, State has the same meaning as in section 26A.
216 Paragraph 54P(1)(a)
After “26A,”, insert “26AA,”.
217 Paragraph 54S(2)(b)
After “26A,”, insert “26AA,”.
218 Subsection 54Y(2) (note)
Before “27”, insert “26AA (documents affecting Norfolk Island intergovernmental relations),”.
219 Subsection 55G(1) (note)
Before “27”, insert “26AA (documents affecting Norfolk Island intergovernmental relations),”.
220 At the end of section 55M
Add:
(3) In this section: enactment includes a Norfolk Island enactment.
221 At the end of section 58AA
Add:
(3) In this section: enactment includes a Norfolk Island enactment.
222 Subsection 60AA(1)
After “26A,”, insert “26AA,”.
223 Subsection 61(2)
After “26A,”, insert “26AA,”.
224 At the end of subsection 66(1)
Add “or Norfolk Island”.
225 Subsection 74(1)
Omit “dealt with by the Ombudsman under the Ombudsman Act 1976.”, substitute:
dealt with:
226 Subsection 74(5)
Omit “A complaint”, substitute “If paragraph (1)(a) applies, a complaint”.
227 At the end of section 74 (before the note)
Add:
(6) If paragraph (1)(b) applies, a complaint transferred under subsection (3) is taken to be a complaint made to the Ombudsman under the Norfolk Island enactment concerned.
228 At the end of section 89D
Add:
(4) In this section:
enactment includes a Norfolk Island enactment.
229 At the end of section 89J
Add:
(3) In this section: enactment includes a Norfolk Island enactment.
230 Subsection 90(1)
After “the Commonwealth,”, insert “Norfolk Island,”.
231 Subsection 91(1A)
After “26A,”, insert “26AA,”.
232 Subsection 91(1B)
After “the Commonwealth,”, insert “Norfolk Island,”.
233 Subsection 91(1B)
After “26A,”, insert “26AA,”.
234 After paragraph 91(1C)(a)
Insert: (aa) consultation with the Commonwealth or a State under subsection 26AA(2);
235 After paragraph 91(1C)(d)
After “the Commonwealth,”, insert “Norfolk Island,”.
236 After paragraph 91(2A)(a)
Insert: (aa) consultation with the Commonwealth or a State under subsection 26AA(2);
237 At the end of section 91
Add:
(4) For the purposes of paragraphs (1C)(a) and (2A)(a), State has the same meaning as in section 26A.
238 After paragraph 92(2)(a)
Insert: (aa) consultation with the Commonwealth or a State under subsection 26AA(2);
239 At the end of section 92
Add:
(3) For the purposes of paragraph (2)(a), State has the same meaning as in section 26A.
Part 6—Amendments relating to the Ombudsman
Norfolk Island Act 1979
240 After section 66
Insert:
66A Reports by Ombudsman
Scope
(1) This section applies if an enactment:
Requirement
Note: See also section 4 of the Ombudsman Act 1976.
Ombudsman Act 1976
241 At the end of subsection 4(2)
Add: ; or (d) an enactment of Norfolk Island.
242 At the end of section 4
Add:
(6) The Commonwealth Ombudsman, in performing functions under an enactment of Norfolk Island, may, if he or she so chooses, be called the Norfolk Island Ombudsman.
Part 7—Amendments relating to privacy
Australian Capital Territory Government Service (Consequential Provisions) Act 1994
243 After subsection 23(1)
Insert:
(1A) Until the day fixed for the purposes of subsection (1), the definition of enactment in subsection 6(1) of the Privacy Act 1988 does not imply that a reference in that Act to an enactment does not include a reference to an ACT enactment.
Privacy Act 1988
244 Subsection 6(1) (after paragraph (h) of the definition of agency)
Insert: (ha) a Norfolk Island agency; or
245 Subsection 6(1)
Insert: Cabinet, in relation to Norfolk Island, means a body that:
246 Subsection 6(1) (definition of Commonwealth contract)
After “the Commonwealth”, insert “, Norfolk Island”.
247 Subsection 6(1)
Insert: enactment includes a Norfolk Island enactment.
248 Subsection 6(1)
Insert:
Norfolk Island agency means:
249 Subsection 6(1)
Insert:
Norfolk Island enactment means:
under such an enactment; and includes a Norfolk Island enactment as amended by another Norfolk Island enactment.
250 Subsection 6(1)
Insert:
Norfolk Island Justice Minister means the Norfolk Island Minister who is responsible, or principally responsible, for the administration of the Interpretation Act 1979 of Norfolk Island.
251 Subsection 6(1)
Insert: Norfolk Island Minister means a Minister of Norfolk Island.
252 At the end of paragraphs 6(5)(a), (b) and (c)
Add “or”.
253 After paragraph 6(5)(c)
Insert: (ca) an office established by or under a Norfolk Island enactment for the purposes of a Norfolk Island agency; or
254 At the end of subsection 6(5)
Add: ; or (f) an office of member of a tribunal that is established by or under a Norfolk Island enactment and that is prescribed for the purposes of this paragraph.
255 After subsection 6(10)
Insert:
(10A) For the purposes of this Act, the Supreme Court of Norfolk Island is taken not to be a federal court.
256 At the end of subparagraphs 7(1)(a)(i) and (ii)
Add “or”.
257 After subparagraph 7(1)(a)(ii)
Insert: (iia) a court of Norfolk Island; or
258 At the end of subparagraph 7(1)(a)(iii)
Add “or”.
259 After subparagraph 7(1)(a)(iii)
Insert: (iiiaa) a Norfolk Island Minister; or
260 After paragraph 7(1)(b)
Insert: (ba) an act done, or a practice engaged in, as the case may be, by a court of Norfolk Island, being an act done, or a practice engaged in, in respect of a matter of an administrative nature; or
261 Paragraphs 7(1)(d) and (e)
After “other than”, insert “a Norfolk Island agency,”.
262 After paragraph 7(1)(e)
Insert: (eaa) an act done, or a practice engaged in, as the case may be, by a Norfolk Island Minister in relation to the affairs of a Norfolk Island agency, not being an act done, or a practice engaged in, in relation to an existing record; or (eab) an act done, or a practice engaged in, as the case may be, by a Norfolk Island Minister in relation to a record that is in the Norfolk Island Minister’s possession in his or her capacity as a Norfolk Island Minister and relates to the affairs of a Norfolk Island agency; or
263 Paragraph 8(1)(b)
After “Commonwealth enactment”, insert “or a Norfolk Island enactment”.
264 Subsection 9(3)
After “Commonwealth enactment”, insert “or a Norfolk Island enactment”.
265 Subsection 10(3)
After “Commonwealth enactment”, insert “or a Norfolk Island enactment”.
266 Subsection 11(3)
After “Commonwealth enactment”, insert “or a Norfolk Island
enactment”.
267 After subsection 15(1)
Insert:
(1A) Information Privacy Principles 1, 2, 3, 10 and 11 do not apply to information collected by a Norfolk Island agency before the commencement of this subsection.
268 Before section 16
Insert:
15B Special provision relating to the application of the Information Privacy Principles in relation to Norfolk Island
In relation to a record-keeper that is a Norfolk Island agency, a reference in Information Privacy Principle 5, 6 or 7 to a law of the Commonwealth includes a reference to a Norfolk Island enactment.
269 Paragraph 27(1)(b)
Before “) a proposed”, insert “or a Norfolk Island Minister”.
270 Paragraph 27(1)(f)
Before “, agency”, insert “, a Norfolk Island Minister”.
271 Paragraph 27(1)(k)
Before “) a proposal”, insert “or a Norfolk Island Minister”.
272 Paragraph 30(3)(d)
Before “responsible”, insert “or Norfolk Island Minister (if any)”.
273 Subsection 30(4)
Before “responsible”, insert “or Norfolk Island Minister (if any)”.
274 At the end of section 33
Add:
Norfolk Island
(5) In this section:
State includes Norfolk Island.
275 At the end of Division 3 of Part IV
Add:
33B Copies of certain reports to be given to the Norfolk Island Justice Minister
(1) If:
the Commissioner must, at the same time, give a copy of the report to the Norfolk Island Justice Minister.
(2) For the purposes of this section, a report relates to a Norfolk Island matter if:
276 Paragraph 34(2)(a)
Before “, being”, insert “or a Norfolk Island Minister”.
277 At the end of paragraph 34(2)(b)
Add “or a Norfolk Island Minister”.
278 Section 37 (after table item 5) 279 Subsection 43(7)
Insert: | ||
---|---|---|
5A | A public sector agency (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |
5B | An unincorporated body, or a tribunal, referred to in paragraph (c) of the definition of Norfolk Island agency in subsection 6(1) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |
5C | A body referred to in paragraph (d) of the definition of Norfolk Island agency in subsection 6(1) | The Chief Executive Officer (within the meaning of the Public Sector Management Act 2000 of Norfolk Island) |
5D | A court of Norfolk Island | The registrar or principal registrar of the court or the person occupying an equivalent office |
Before “that the matter”, insert “or Norfolk Island Minister (if any)”.
280 Subsection 43(8)
Before “concerned”, insert “or a Norfolk Island Minister”.
281 Subsection 43(8A)
After “a Minister”, insert “or a Norfolk Island Minister”.
282 At the end of paragraph 43(9)(b)
Add “or Norfolk Island Minister”.
283 Subsection 50(1)
Insert:
Norfolk Island Public Service Board means the Public Service Board established under the Public Sector Management Act 2000 of Norfolk Island.
284 After subparagraph 50(2)(a)(ii)
Insert: (iia) to the Ombudsman under a particular Norfolk Island enactment; or
285 At the end of paragraph 50(2)(b)
Add “or”.
286 After paragraph 50(2)(b)
Insert: (ba) an application with respect to that matter has been, or could have been, made by the complainant to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;
287 After subparagraph 50(3)(a)(ii)
Insert: (iia) to the Ombudsman under the Norfolk Island enactment concerned; or
288 At the end of paragraph 50(3)(b)
Add “or”.
289 After paragraph 50(3)(b)
Insert:
(c) an application made to the Norfolk Island Public Service Board under the Public Sector Management Act 2000 of Norfolk Island;
290 Before subsection 60(3)
Insert:
(2B) If a determination relates to a Norfolk Island agency, the reference in subsection (2) to the Commonwealth is to be read as a reference to Norfolk Island.
291 At the end of section 66
Add:
Norfolk Island
(12) In this section:
Attorney-General, in relation to Norfolk Island, means the Norfolk Island Justice Minister. State includes Norfolk Island.
292 At the end of subsection 68(1)
Add “or documents in respect of which the Norfolk Island Justice Minister has given a certificate under subsection 70(4)”.
293 At the end of section 70
Add:
(4) If the Norfolk Island Justice Minister gives to the Commissioner a certificate certifying that:
or other record; would be contrary to the public interest because it would:
(h) endanger the life or physical safety of any person; the Commissioner is not entitled to require a person to give any
information concerning the matter or to produce the document or other record.
294 Subsection 80G(1) (definition of secrecy provision)
Omit “, including a provision of this Act,”, substitute “(including a provision of this Act), or of a Norfolk Island enactment,”.
295 After subsection 80R(1)
Insert:
(1A) The operation of this Part is not limited by a secrecy provision of a Norfolk Island enactment (whether made before or after the commencement of this subsection) except to the extent that the secrecy provision expressly excludes the operation of this subsection.
296 At the end of section 89
Add: ; or (c) that arises under or by virtue of a Norfolk Island enactment that is in force.
297 Application—Commonwealth contracts
To the extent that the amendment of the definition of Commonwealth contract in subsection 6(1) of the Privacy Act 1988 made by this Part is relevant to section 95B of that Act, the amendment applies in relation to a contract entered into after the commencement of this item.
Christmas Island Act 1958
1 Section 8G
Repeal the section, substitute:
8G Powers and functions under the applied Western Australian laws
Vesting of powers in the Minister
(1) If a power is vested in:
(c) the Governor-in-Council of Western Australia; by a Western Australian law in force in the Territory under section 8A, the power is, in relation to the Territory, vested in the
Minister instead of the person or authority mentioned in paragraph (a), (b) or (c).
(2) If:
the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a).
Delegation etc.
(iii) an officer or employee of an authority of Western
Australia; is subject to an arrangement under section 8H; and
(c) the power corresponds to a power that the person or authority is authorised, under a law in force in Western Australia, to exercise in, or in a part of, Western Australia:
(iii) whether in any other way; the Minister is taken to have directed under paragraph (3)(a) that
the first-mentioned power is also vested in the person or authority, as the case may be.
Other matters
authority means:
authority of Western Australia means an authority established by or under a Western Australian law.
power includes function or duty, and, in that context, exercise means perform.
2 Subsection 8H(2)
Omit all the words after “duties”, substitute:
by:
(within the meaning of section 8G); in or in relation to the Territory.
3 Transitional—directions under paragraph 8G(3)(a) of the
Christmas Island Act 1958
4 Transitional—delegations under paragraph 8G(3)(b) of the
Christmas Island Act 1958
5 Transitional—delegations under subsection 8G(4) of the
Christmas Island Act 1958
Cocos (Keeling) Islands Act 1955
1 Section 8G
Repeal the section, substitute:
8G Powers and functions under the applied Western Australian laws
Vesting of powers in the Minister
(1) If a power is vested in:
(c) the Governor-in-Council of Western Australia; by a Western Australian law in force in the Territory under section 8A, the power is, in relation to the Territory, vested in the
Minister instead of the person or authority mentioned in paragraph (a), (b) or (c).
(2) If:
the power is, in relation to the Territory, vested in the Minister instead of the person or authority mentioned in paragraph (a).
Delegation etc.
(iii) an officer or employee of an authority of Western
Australia; is subject to an arrangement under section 8H; and
(c) the power corresponds to a power that the person or authority is authorised, under a law in force in Western Australia, to exercise in, or in a part of, Western Australia:
(iii) whether in any other way; the Minister is taken to have directed under paragraph (3)(a) that
the first-mentioned power is also vested in the person or authority, as the case may be.
Other matters
authority means:
authority of Western Australia means an authority established by or under a Western Australian law.
power includes function or duty, and, in that context, exercise means perform.
2 Subsection 8H(2)
Omit all the words after “duties”, substitute:
by:
(within the meaning of section 8G); in or in relation to the Territory.
3 Transitional—directions under paragraph 8G(3)(a) of the
Cocos (Keeling) Islands Act 1955
4 Transitional—delegations under paragraph 8G(3)(b) of the
Cocos (Keeling) Islands Act 1955
5 Transitional—delegations under subsection 8G(4) of the
Cocos (Keeling) Islands Act 1955
[Minister’s second reading speech made in— House of Representatives on 29 September 2010 Senate on 17 November 2010]
(209/10)