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Norfolk Island Legislation Amendment
Act 2015
No. 59, 2015
Compilation No. 1
Compilation date: 24 March 2016
Includes amendments up to: Act No. 33, 2016
Registered: 6 June 2016
Prepared by the Office of Parliamentary Counsel, Canberra
About this compilation
This compilation
This is a compilation of the Norfolk Island Legislation Amendment Act 2015
that shows the text of the law as amended and in force on 24 March 2016 (the
compilation date).
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on the Legislation Register (www.legislation.gov.au). The details of
amendments made up to, but not commenced at, the compilation date are
underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled
law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see
the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on the Legislation
Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
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Contents 1 Short title ...........................................................................................8
2 Commencement.................................................................................8
3 Schedules...........................................................................................9
4 Translation of a reference to the Legislative Instruments Act
2003...................................................................................................9
Schedule 1—Interim arrangements etc. 10
Part 1—General amendments 10
Division 1—Amendment of the Norfolk Island Act 1979 10
Norfolk Island Act 1979 10
Division 2—Amendments of other legislation 29
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 29
Administrative Appeals Tribunal Act 1975 29
Administrative Decisions (Judicial Review) Act 1977 29
Age Discrimination Act 2004 30
Carbon Credits (Carbon Farming Initiative) Act 2011 30
Commonwealth Grants Commission Act 1973 30
Crimes Act 1914 30
Criminal Code Act 1995 30
Defence Act 1903 30
Disability Discrimination Act 1992 31
Do Not Call Register Act 2006 31
Environment Protection and Biodiversity Conservation Act 1999 31
Freedom of Information Act 1982 32
Historic Shipwrecks Act 1976 35
International Criminal Court Act 2002 35
International Transfer of Prisoners Act 1997 36
Judiciary Act 1903 37
Lands Acquisition Act 1989 37
Legislative Instruments Act 2003 37
National Health Act 1953 37
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National Health Security Act 2007 37
Privacy Act 1988 38
Proceeds of Crime Act 2002 41
Public Interest Disclosure Act 2013 41
Remuneration Tribunal Act 1973 41
Sex Discrimination Act 1984 42
Transfer of Prisoners Act 1983 42
Part 2—Transitional provisions 43
Division 1—Introduction 43
Division 2—Transitional rules 44
Division 3—Transfer of assets and liabilities 44
Division 4—Transfer of other matters 48
Division 5—Employees 48
Division 6—Financial matters 50
Division 7—Administrative Appeals Tribunal 50
Division 8—Historic shipwrecks 50
Division 9—Public interest disclosure 51
Division 10—Other matters 51
Part 3—Amendments contingent on the commencement of the
Acts and Instruments (Framework Reform) Act 2015 53
Legislation Act 2003 53
Schedule 2—Final arrangements etc. 54
Part 1—Amendments 54
Division 1—Amendment of the Norfolk Island Act 1979 54
Norfolk Island Act 1979 54
Division 2—Amendments of other legislation 61
Aboriginal and Torres Strait Islander Act 2005 61
A.C.T. Self-Government (Consequential Provisions) Regulations 62
Administrative Appeals Tribunal Act 1975 62
Admiralty Act 1988 62
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Aged Care (Accommodation Payment Security) Act 2006 62
Aged Care Act 1997 63
Aged Care (Transitional Provisions) Act 1997 63
Age Discrimination Act 2004 64
Agricultural and Veterinary Chemicals Act 1994 64
Airports Act 1996 64
Airports (Transitional) Act 1996 65
Air Services Act 1995 65
A New Tax System (Family Assistance) Act 1999 65
A New Tax System (Family Assistance) (Administration) Act 1999 65
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 66
Archives Act 1983 66
Auditor-General Act 1997 66
Australian Aged Care Quality Agency Act 2013 67
Australian Crime Commission Act 2002 67
Australian Federal Police Act 1979 67
Australian Hearing Services Act 1991 68
Australian Human Rights Commission Act 1986 68
Australian Organ and Tissue Donation and Transplantation Authority
Act 2008 68
Australian Postal Corporation Act 1989 69
Banking Act 1959 69
Bank Integration Act 1991 69
Broadcasting Services Act 1992 69
Carbon Credits (Carbon Farming Initiative) Act 2011 70
Charter of the United Nations Act 1945 70
Child Support (Assessment) Act 1989 70
Child Support (Registration and Collection) Act 1988 70
Civil Aviation Act 1988 71
Civil Aviation (Carriers’ Liability) Act 1959 72
Commonwealth Grants Commission Act 1973 72
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Copyright Act 1968 72
Corporations (Aboriginal and Torres Strait Islander) Act 2006 73
Crimes Act 1914 73
Crimes (Aviation) Act 1991 74
Crimes (Superannuation Benefits) Act 1989 75
Criminal Code Act 1995 75
Customs Act 1901 75
Data-matching Program (Assistance and Tax) Act 1990 75
Dental Benefits Act 2008 76
Designs Act 2003 76
Disability Discrimination Act 1992 76
Disability Services Act 1986 77
Enhancing Online Safety for Children Act 2015 77
Environment Protection and Biodiversity Conservation Act 1999 77
Environment Protection (Sea Dumping) Act 1981 78
Extradition Act 1988 78
Family Law Act 1975 79
Farm Household Support Act 2014 80
Financial Sector (Shareholdings) Act 1998 80
Financial Transaction Reports Act 1988 81
Fisheries Management Act 1991 81
Foreign Corporations (Application Of Laws) Act 1989 81
Freedom of Information Act 1982 81
Fringe Benefits Tax Assessment Act 1986 86
Hazardous Waste (Regulation of Exports and Imports) Act 1989 86
Health and Other Services (Compensation) Act 1995 86
Healthcare Identifiers Act 2010 87
Health Insurance Act 1973 87
Human Services (Centrelink) Act 1997 88
Human Services (Medicare) Act 1973 88
Immigration (Guardianship of Children) Act 1946 89
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Industrial Chemicals (Notification and Assessment) Act 1989 89
Insurance Acquisitions and Takeovers Act 1991 89
International War Crimes Tribunals Act 1995 90
Judiciary Act 1903 90
Lands Acquisition Act 1989 91
Marine Navigation Levy Collection Act 1989 91
Marine Navigation (Regulatory Functions) Levy Collection Act 1991 92
Marriage Act 1961 92
Migration Act 1958 92
Mutual Assistance in Criminal Matters Act 1987 93
National Blood Authority Act 2003 93
National Environment Protection Council Act 1994 94
National Health Act 1953 94
National Health Security Act 2007 95
National Residue Survey Administration Act 1992 95
National Transmission Network Sale Act 1998 95
Native Title Act 1993 96
Olympic Insignia Protection Act 1987 96
Ombudsman Act 1976 96
Ozone Protection and Synthetic Greenhouse Gas Management Act
1989 98
Paid Parental Leave Act 2010 98
Patents Act 1990 98
Privacy Act 1988 99
Private Health Insurance Act 2007 99
Product Grants and Benefits Administration Act 2000 101
Productivity Commission Act 1998 101
Product Stewardship (Oil) Act 2000 101
Protection of Movable Cultural Heritage Act 1986 101
Protection of the Sea (Oil Pollution Compensation Funds) Act 1993 101
Public Works Committee Act 1969 101
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Radiocommunications Act 1992 102
Superannuation Contributions Tax (Assessment and Collection) Act
Superannuation Contributions Tax (Members of Constitutionally
Protected Superannuation Funds) Assessment and Collection Act
Superannuation (Self Managed Superannuation Funds) Taxation Act
Remuneration Tribunal Act 1973 102
Sex Discrimination Act 1984 102
Small Superannuation Accounts Act 1995 102
Social Security Act 1991 102
Social Security (Administration) Act 1999 104
Social Security (International Agreements) Act 1999 104
Student Assistance Act 1973 105
1997 105
1997 105
1987 105
Superannuation (Unclaimed Money and Lost Members) Act 1999 106
Telecommunications Act 1997 106
Telstra Corporation Act 1991 106
Tobacco Advertising Prohibition Act 1992 106
Tobacco Plain Packaging Act 2011 107
Trade Marks Act 1995 107
Trusts (Hague Convention) Act 1991 107
Veterans’ Entitlements Act 1986 107
Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 108
Part 2—Transitional provisions 109
Division 1—Introduction 109
Division 2—Transitional rules 110
Division 3—Transfer of assets and liabilities 110
Division 4—Transfer of other matters 114
Division 5—Employees 117
Division 6—Visas 118
Division 7—Social security 119
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Division 8—Family assistance 121
Division 9—Child support 123
Division 10—Paid parental leave 125
Division 11—Adjusted taxable income etc. 125
Division 12—Extradition 129
Division 13—Other matters 129
Schedule 3—Statistical information 131
Census and Statistics Act 1905 131
Endnotes 132
Endnote 1—About the endnotes 132
Endnote 2—Abbreviation key 134
Endnote 3—Legislation history 135
Endnote 4—Amendment history 136
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An Act to amend the Norfolk Island Act 1979, and
for other purposes
1 Short title
This Act may be cited as the Norfolk Island Legislation
Amendment Act 2015.
2 Commencement
(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
Provisions Commencement Date/Details
1. Sections 1 to 4 The day this Act receives the Royal Assent. 26 May 2015
and anything in
this Act not
elsewhere covered
by this table
2. Schedule 1, A single day to be fixed by Proclamation. 18 June 2015
Part 1 However, if the provisions do not commence (F2015L00834)
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.
3. Schedule 1, The day after this Act receives the Royal 27 May 2015
Part 2 Assent.
4. Schedule 1, The later of: 5 March 2016
Part 3 (a) immediately after the commencement of (paragraph (b) the provisions covered by table item 2; applies) and
(b) the commencement of Schedule 1 to the
Acts and Instruments (Framework
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Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
Reform) Act 2015.
5. Schedule 2, 1 July 2016. 1 July 2016
Part 1
6. Schedule 2, At the same time as the provisions covered 18 June 2015
Part 2 by table item 2.
7. Schedule 3 The day after this Act receives the Royal 27 May 2015
Assent.
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.
3 Schedules
(1) Legislation 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.
(2) The amendment of any regulation under subsection (1) does not
prevent the regulation, as so amended, from being amended or
repealed by the Governor-General.
4 Translation of a reference to the Legislative Instruments Act 2003
If Schedule 1 to the Acts and Instruments (Framework Reform) Act
2015 commences before the commencement of Part 1 of
Schedule 1 to this Act, the reference in Division 2 of that Part to
the Legislative Instruments Act 2003 is to be read as a reference to
the Legislation Act 2003.
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Schedule 1 Interim arrangements etc.
Part 1 General amendments
Schedule 1—Interim arrangements etc.
Part 1—General amendments
Division 1—Amendment of the Norfolk Island Act 1979
Norfolk Island Act 1979
1 Preamble
Repeal the preamble.
2 Subsection 4(1)
Insert:
Advisory Council means the Norfolk Island Advisory Council.
Note: See section 12.
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
3 Subsection 4(1) (definition of Chief Executive Officer)
Omit “Public Sector Management Act 2000”, substitute “Public Service
Act 2014”.
4 Subsection 4(1) (definition of Chief Minister)
Repeal the definition.
5 Subsection 4(1) (definition of Commonwealth Gazette)
Repeal the definition.
6 Subsection 4(1) (definition of Deputy Speaker)
Repeal the definition.
7 Subsection 4(1) (definition of enactment)
Repeal the definition, substitute:
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enactment means:
(a) a section 19A Ordinance; or
(b) an Ordinance continued in force by this Act; or
(c) a Legislative Assembly law continued in force by this Act.
8 Subsection 4(1) (definition of Executive Council)
Repeal the definition.
9 Subsection 4(1)
Insert:
Executive Director means the Executive Director of Norfolk
Island.
Note: See section 9.
10 Subsection 4(1)
Insert:
interim transition time means the commencement of Part 1 of
Schedule 1 to the Norfolk Island Legislation Amendment Act 2015.
11 Subsection 4(1) (at the end of the definition of Legislative Assembly)
Add “that was in existence before the interim transition time”.
12 Subsection 4(1)
Insert:
Legislative Assembly law means a law (however described or
entitled) passed by the Legislative Assembly, and assented to under
this Act, before the interim transition time.
13 Subsection 4(1)
Insert:
member of the Advisory Council includes the Chair of the
Advisory Council.
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14 Subsection 4(1) (definition of Minister)
Repeal the definition.
15 Subsection 4(1) (definition of Minister for Finance)
Repeal the definition.
16 Subsection 4(1)
Insert:
section 19A Ordinance means an Ordinance made under
section 19A after the interim transition time.
17 Subsection 4(1) (definition of Speaker)
Repeal the definition.
18 Subsection 4(2)
Repeal the subsection.
19 Section 4A
Repeal the section.
20 Section 7
Repeal the section, substitute:
7 Exercise of Administrator’s powers etc.
(1) The Administrator must exercise all powers, and perform all
functions, that belong to his or her office, or that are conferred on
him or her by or under a law in force in the Territory:
(a) in accordance with the tenor of his or her Commission; and
(b) in accordance with such written directions (if any) as are
given to him or her by the responsible Commonwealth
Minister.
(2) A direction under paragraph (1)(b) may be of a general or specific
nature.
(3) The responsible Commonwealth Minister may, by written notice
given to the Administrator, direct that, before the Administrator
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exercises a specified power or performs a specified function, the
Administrator must:
(a) notify the responsible Commonwealth Minister of the
Administrator’s intention to exercise that power or perform
that function; and
(b) do so at least the specified number of days before exercising
that power or performing that function.
7A Delegation by the Administrator
(1) The Administrator may, by writing, delegate any or all of the
Administrator’s functions and powers to:
(a) the Executive Director; or
(b) an employee of the Administration; or
(c) a person who holds, or performs the duties of, an office under
an enactment; or
(d) an employee of a body corporate established by or under an
enactment.
Directions
(2) A delegate must comply with:
(a) any written directions of the Administrator; and
(b) any written directions of the responsible Commonwealth
Minister.
(3) A direction under subsection (2) may be of a general or specific
nature.
(4) If directions of the Administrator under subsection (2) are
inconsistent with directions of the responsible Commonwealth
Minister under that subsection, the directions of the responsible
Commonwealth Minister prevail, and the directions of the
Administrator are, to the extent of the inconsistency, invalid.
(5) For the purposes of subsection (4), directions of the Administrator
are taken to be consistent with directions of the responsible
Commonwealth Minister to the extent that they are capable of
operating concurrently.
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(6) The responsible Commonwealth Minister may, by written notice
given to a delegate of the Administrator, direct that, before the
delegate exercises a specified power or performs a specified
function, the delegate must:
(a) notify the responsible Commonwealth Minister of the
delegate’s intention to exercise that power or perform that
function; and
(b) do so at least the specified number of days before exercising
that power or performing that function.
Other matters
(7) If a function or power conferred by a law other than this Act is
delegated under subsection (1) of this section, then
paragraph 34AB(1)(c), subsections 34AB(2) and (3) and
section 34A of the Acts Interpretation Act 1901 apply to the
delegation in the same way as they apply to a delegation under
subsection (1) of this section of a function or power conferred by
this Act.
(8) This section does not, by implication, prevent a power of
delegation from being conferred on the Administrator by an
enactment.
21 Sections 9 and 10
Repeal the sections, substitute:
9 Executive Director
(1) The responsible Commonwealth Minister may, by writing, declare
that a specified employee of the Administration is the Executive
Director of Norfolk Island.
(2) A declaration under subsection (1) is not a legislative instrument.
10 Employees
(1) The Administrator may, on behalf of the Administration, engage
such employees as he or she thinks necessary for the purposes of
the government of the Territory.
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(2) The terms and conditions of employment (including remuneration)
of an employee are such as are determined by the Administrator.
(3) This section does not, by implication, prevent an enactment from
conferring a power to engage employees on behalf of the
Administration.
(4) This section does not, by implication, limit the powers conferred
on the Administrator by section 5.
10A Persons assisting the Administration
The Administration may be assisted:
(a) by employees of Agencies (within the meaning of the Public
Service Act 1999); or
(b) by officers and employees of authorities of the
Commonwealth;
whose services are made available to the Administration in
connection with the government of the Territory.
22 Part III
Repeal the Part, substitute:
Part III—Norfolk Island Advisory Council
Division 1—Introduction
11 Simplified outline
The following is a simplified outline of this Part:
• This Part establishes the Norfolk Island Advisory Council.
• The Advisory Council is to advise the Administrator on
matters affecting the peace, order and good government of the
Territory.
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Division 2—Norfolk Island Advisory Council’s
establishment and functions
12 Norfolk Island Advisory Council
The Norfolk Island Advisory Council is established by this section.
Note: In this Act, Advisory Council means the Norfolk Island Advisory
Council—see subsection 4(1).
13 Functions of the Advisory Council
The Advisory Council has the following functions:
(a) to advise the Administrator on matters affecting the peace,
order and good government of the Territory;
(b) to do anything incidental to or conducive to the performance
of the above function.
Division 3—Membership of the Advisory Council
14 Membership of the Advisory Council
The Advisory Council consists of the following members:
(a) a Chair;
(b) 4 other members.
14A Appointment of members of the Advisory Council
(1) Each member of the Advisory Council is to be appointed by the
responsible Commonwealth Minister by written instrument.
Note: Members of the Advisory Council are eligible for reappointment: see
the Acts Interpretation Act 1901.
(2) A member of the Advisory Council holds office on a part-time
basis.
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14B Period of appointment for members of the Advisory Council
A member of the Advisory Council holds office for the period
specified in the instrument of appointment. The period must not
exceed 12 months.
Note: For reappointment, see the Acts Interpretation Act 1901.
14C Acting members of the Advisory Council
Acting Chair of the Advisory Council
(1) The responsible Commonwealth Minister may appoint a person to
act as the Chair of the Advisory Council:
(a) during a vacancy in the office of the Chair of the Advisory
Council (whether or not an appointment has previously been
made to the office); or
(b) during any period, or during all periods, when the Chair of
the Advisory Council:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the
office.
Acting member of the Advisory Council (other than the Chair of
the Advisory Council)
(2) The responsible Commonwealth Minister may appoint a person to
act as a member of the Advisory Council (other than the Chair of
the Advisory Councin( �
(a) during a vacancy in the office of a member of the Advisory
Council (other than the Chair of the Advisory Council),
whether or not an appointment has previously been made to
the office; or
(b) during any period, or during all periods, when a member of
the Advisory Council (other than the Chair of the Advisory
Councin( �
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the
office.
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Note: For rules that apply to acting appointments, see sections 33AB and
33A of the Acts Interpretation Act 1901.
Division 4—Terms and conditions for members of the
Advisory Council
14D Remuneration
A member of the Advisory Council is to be paid the remuneration
and allowances (if any) that are prescribed by a legislative
instrument made by the responsible Commonwealth Minister.
14E Disclosure of interests to the responsible Commonwealth
Minister
A member of the Advisory Council must give written notice to the
responsible Commonwealth Minister of all interests, pecuniary or
otherwise, that the member has or acquires and that conflict or
could conflict with the proper performance of the member’s
functions.
14F Resignation
(1) A member of the Advisory Council may resign his or her
appointment by giving the responsible Commonwealth Minister a
written resignation.
(2) The resignation takes effect on the day it is received by the
responsible Commonwealth Minister or, if a later day is specified
in the resignation, on that later day.
14G Termination of appointment
The responsible Commonwealth Minister may terminate the
appointment of a member of the Advisory Council.
14H Other terms and conditions
A member of the Advisory Council holds office on the terms and
conditions (if any) in relation to matters not covered by this Act
that are determined by the responsible Commonwealth Minister.
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14J Procedures
The responsible Commonwealth Minister may, by legislative
instrument, prescribe the procedures to be followed at or in relation
to meetings of the Advisory Council, including matters relating to
the following:
(a) the convening of meetings of the Advisory Council;
(b) the number of members of the Advisory Council who are to
constitute a quorum;
(c) the selection of a member of the Advisory Council to preside
at meetings of the Advisory Council in the absence of the
Chair;
(d) the manner in which questions arising at a meeting of the
Advisory Council are to be decided;
(e) the disclosure by a member of the Advisory Council, at a
meeting of the Advisory Council, of an interest (whether
pecuniary or otherwise) that the member has in a matter
being considered, or about to be considered, by the Advisory
Council.
Note: Section 33B of the Acts Interpretation Act 1901 provides for
participation in meetings by telephone etc.
14K Minutes
The Advisory Council must keep minutes of its meetings.
14L Assistance to the Advisory Council
(1) The Administrator may assist the Advisory Council in the
performance of its functions.
(2) The assistance may include the following:
(a) the provision of information;
(b) the provision of advice;
(c) the making available of resources and facilities (including
secretariat services and clerical assistance).
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14M Obtaining advice
This Part does not, by implication, require the Administrator or any
other person to obtain advice from the Advisory Council before:
(a) performing a function; or
(b) exercising a power; or
(c) taking any other action.
23 Before section 16
Insert:
15 Laws in force in the Territory
After the interim transition time, the laws in force in the Territory
from time to time are:
(a) Acts to the extent that they are in force from time to time in,
or in relation to, the Territory; and
(b) laws made under Acts to the extent that those laws are in
force from time to time in, or in relation to, the Territory; and
(c) section 19A Ordinances as in force from time to time; and
(d) laws continued in force by section 16 or 16A (including such
a law as amended in accordance with section 17).
24 Section 16 (heading)
Repeal the heading, substitute:
16 Continuance of laws in force immediately before 7 August 1979
25 At the end of subsection 16(1)
Add:
Note: This section commenced on 7 August 1979.
26 After section 16
Insert:
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16A Continuance of certain laws in force immediately before the
interim transition time
(1) Subject to this Act, all Legislative Assembly laws that were in
force immediately before the interim transition time continue in
force.
(2) Subject to this Act, all Ordinances made under this Act that were in
force immediately before the interim transition time continue in
force.
(3) A reference in this section to a Legislative Assembly law includes a
reference to a law made under a Legislative Assembly law.
(4) A reference in this section to an Ordinance made under this Act
includes a reference to a law made under such an Ordinance.
(5) This section has effect despite the repeal of sections 19 and 27 by
the Norfolk Island Legislation Amendment Act 2015.
27 At the end of section 17
Add:
(3) Subject to this Act, a law continued in force by section 16 or 16A
may be amended or repealed by a section 19A Ordinance or by a
law made under a section 19A Ordinance.
(4) A section 19A Ordinance may suspend the operation of a law
continued in force by section 16 or 16A for such period as is
specified in the Ordinance.
28 Divisions 2 and 3 of Part IV
Repeal the Divisions, substitute:
Division 2—Legislative powers of the Governor-General
19A Governor-General may make Ordinances
(1) Subject to this Act, the Governor-General may make Ordinances
for the peace, order and good government of the Territory.
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(2) An Ordinance made under subsection (1) is a legislative
instrument.
29 Division 4 of Part IV (heading)
Repeal the heading, substitute:
Division 3—Inconsistency of laws
30 Section 29 (heading)
Repeal the heading, substitute:
29 Inconsistency of Legislative Assembly laws with old Ordinances
31 Subsection 29(1)
Omit “Division 2”, substitute “repealed Division 2 (as in force before
the interim transition time)”.
32 Subsection 29(1)
Omit “section 27”, substitute “repealed section 27 (as in force before
the interim transition time)”.
33 Section 30
Repeal the section, substitute:
30 Inconsistency of section 19A Ordinances with the regulations
(1) If a section 19A Ordinance is inconsistent with the regulations, the
regulations prevail, and the section 19A Ordinance is, to the extent
of the inconsistency, invalid.
(2) For the purposes of subsection (1), a section 19A Ordinance is
taken to be consistent with the regulations to the extent that they
are capable of operating concurrently.
(3) A reference in this section to a section 19A Ordinance includes a
reference to a law made under a section 19A Ordinance.
34 Part V
Repeal the Part.
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35 Subsection 47(3)
Omit “(4) or”.
36 Subsection 47(4)
Repeal the subsection.
37 Subsection 47(5)
Omit “(other than the general purpose referred to in subsection (4))”.
38 Subsection 47(5)
Omit “, subject to subsection 27(3),”.
39 Subsection 48(1) (note)
Repeal the note.
40 Section 48A (heading)
Repeal the heading, substitute:
48A Preparation of annual budgets by the Administrator
41 Subsection 48A(1)
Omit “Minister for Finance”, substitute “Administrator”.
42 Subsections 48A(4), (5) and (6)
Repeal the subsections, substitute:
(4) The Administrator must give a copy of each annual budget to the
responsible Commonwealth Minister.
43 Section 48B (heading)
Repeal the heading, substitute:
48B Preparation of annual financial statements by the
Administrator
44 Subsections 48B(1) and (3)
Omit “Minister for Finance”, substitute “Administrator”.
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45 Subsection 48B(4)
Repeal the subsection.
46 Paragraph 48C(3)(a)
Repeal the paragraph.
47 Subsection 48C(4)
Repeal the subsection.
48 Subparagraph 48E(2)(b)(i)
Repeal the subparagraph.
49 Subsection 48E(3)
Omit “a Norfolk Island Minister or”.
50 Subsection 48E(4)
Repeal the subsection.
51 Subsection 48F(3)
Omit “a Norfolk Island Minister”, substitute “the Administrator”.
52 Paragraph 48G(2)(d)
Repeal the paragraph.
53 Paragraphs 48G(3)(c) and (d)
Repeal the paragraphs, substitute:
(c) a reference in that section to the Attorney-General were a
reference to the Administrator; and
(d) a reference in that section to the Cabinet included a reference
to the Administrator; and
54 Paragraphs 48G(3)(g), (h), (i) and (j)
Repeal the paragraphs, substitute:
(g) a reference in that section to the Prime Minister were a
reference to the Administrator; and
(h) a reference in that section to the Finance Minister were a
reference to the Administrator; and
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(i) a reference in that section to a responsible Minister were a
reference to the Administrator.
55 Section 48H (heading)
Repeal the heading, substitute:
48H Preparation of periodic financial statements by the
Administrator
56 Subsection 48H(1)
Omit “Minister for Finance”, substitute “Administrator”.
57 Subsections 48H(4), (5) and (6)
Repeal the subsections, substitute:
(4) The Administrator must give a copy of the statements to the
responsible Commonwealth Minister.
58 Subsection 48J(1)
Omit “Chief Minister”, substitute “Administrator”.
59 Subsections 48J(3) and (4)
Repeal the subsections.
60 Section 48K (heading)
Repeal the heading, substitute:
48K Administrator may obtain information from the responsible
manager or managers of a Territory authority
61 Subsections 48K(1) and (2)
Omit “Minister for Finance” (wherever occurring), substitute
“Administrator”.
62 Subsections 48P(1) and (3)
Omit “Minister for Finance”, substitute “Administrator”.
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63 Paragraph 48R(4)(b)
Repeal the paragraph.
64 Paragraph 48S(4)(b)
Repeal the paragraph.
65 Section 51 (heading)
Repeal the heading, substitute:
51 Administrator must keep responsible Commonwealth Minister
informed
66 Subsections 51(1) and (3)
Omit “Minister for Finance”, substitute “Administrator”.
67 Section 51A (heading)
Repeal the heading, substitute:
51A Administrator must keep Commonwealth Finance Minister
informed
68 Subsections 51A(1) and (3)
Omit “Minister for Finance”, substitute “Administrator”.
69 Subsection 53(2)
Repeal the subsection.
70 Paragraph 53A(a)
Omit “both Australia and Norfolk Island”, substitute “Australia”.
71 Section 53A
Omit “or Norfolk Island”.
72 Section 61
Repeal the section, substitute:
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61 Appointment of officers
(1) Despite the Public Service Act 1999, a law of the Territory may
make provision for and in relation to the appointment and
employment of persons for the purposes of the government of the
Territory.
(2) This section does not prevent the appointment or employment of
persons under the Public Service Act 1999 in its application to the
Territory.
73 Subsection 61A(2)
Repeal the subsection, substitute:
(2) A person appointed or employed under:
(a) a law of the Territory mentioned in subsection 61(1); or
(b) section 10;
must at all times behave in a way that upholds the Norfolk Island
Public Service Values.
74 Section 62
Repeal the section, substitute:
62 Disposal of land
(1) The application of the Lands Acquisition Act 1989 in relation to
land in the Territory does not prevent or affect the making or
operation of a provision of an enactment under which:
(a) land in the Territory acquired by or vested in the
Commonwealth may be disposed of or otherwise dealt with;
or
(b) instruments, receipts and other documents in relation to any
such land may be executed; or
(c) rights, duties and liabilities in relation to any such land are or
may be acquired, conferred or imposed.
(2) An enactment referred to in subsection (1) which provides for the
acquisition of land must provide that such land must not be
acquired otherwise than on just terms.
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75 Section 64
Before “Duties”, insert “(1)”.
76 At the end of paragraph 64(a)
Add “and”.
77 At the end of section 64
Add:
(2) In this section:
Australia does not include Norfolk Island.
78 Sections 65 and 66A
Repeal the sections.
79 Subsection 67(1)
Omit “(1)”.
80 Subsections 67(2) and (3)
Repeal the subsections.
81 Part IX (heading)
Repeal the heading, substitute:
Part IX—Transitional provisions that commenced
in 1979
82 Schedules 2 and 3
Repeal the Schedules.
83 Schedule 4 (note to Schedule heading)
Repeal the note, substitute:
Note: See section 57.
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84 Schedules 5 to 9
Repeal the Schedules.
Division 2—Amendments of other legislation
Aboriginal and Torres Strait Islander Heritage Protection
Act 1984
85 Subsection 13(2)
Omit “, the Northern Territory or Norfolk Island”, substitute “or the
Northern Territory”.
Administrative Appeals Tribunal Act 1975
86 Subsection 3(1) (definition of Norfolk Island Justice Minister)
Repeal the definition.
87 Subsection 3(1) (definition of Norfolk Island Minister)
Repeal the definition.
88 Subsections 36B(6), 36C(4) and 36D(8)
Repeal the subsections.
89 Subsection 67A(2)
Omit “Public Sector Management Act 2000”, substitute “Public Service
Act 2014”.
Administrative Decisions (Judicial Review) Act 1977
90 After section 3A
Insert:
3B Norfolk Island
This Act extends to Norfolk Island.
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Age Discrimination Act 2004
91 Section 5 (paragraph (g) of the definition of administrative office)
Repeal the paragraph.
Carbon Credits (Carbon Farming Initiative) Act 2011
92 Subsections 296(7) and (8)
Omit “a Minister of Norfolk Island”, substitute “the Administrator of
Norfolk Island”.
Commonwealth Grants Commission Act 1973
93 Subsection 5(3)
Omit “Ministers of that Territory have”, substitute “Administrator of
that Territory has”.
Crimes Act 1914
94 Subsection 4AA(2) (paragraph (a) of the definition of Territory Ordinance)
Omit “other than the Territory of Norfolk Island”.
Criminal Code Act 1995
95 Dictionary in the Criminal Code (paragraph (h) of the definition of Commonwealth public official)
Omit “, an Acting Administrator, or a Deputy Administrator,”,
substitute “or an Acting Administrator”.
Defence Act 1903
96 Subsection 51(1) (definition of self-governing Territory)
Repeal the definition, substitute:
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self-governing Territory means:
(a) the Australian Capital Territory; or
(b) the Northern Territory.
Disability Discrimination Act 1992
97 Subsection 4(1) (paragraph (g) of the definition of administrative office)
Repeal the paragraph.
Do Not Call Register Act 2006
98 Subparagraphs 3(2)(a)(v) and 3(3)(a)(vi) of Schedule 1
Repeal the paragraphs.
99 Subclause 7(7) of Schedule 1
Repeal the subclause.
100 Subparagraphs 3(2)(a)(v) and 3(3)(a)(vi) of Schedule 1A
Repeal the subparagraphs.
101 Subclause 7(7) of Schedule 1A
Repeal the subclause.
Environment Protection and Biodiversity Conservation Act
1999
102 Subsection 393(3)
Repeal the subsection, substitute:
(3) The Minister may enter into an arrangement with the Administrator
of Norfolk Island for persons appointed or employed under:
(a) a law of Norfolk Island mentioned in subsection 61(1) of the
Norfolk Island Act 1979; or
(b) section 10 of the Norfolk Island Act 1979;
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to perform or exercise all or any of the functions or powers of
wardens or rangers under this Act or the regulations.
103 Subsection 398(2)
Repeal the subsection, substitute:
(2) The Minister may enter into an arrangement with the Administrator
of Norfolk Island for persons appointed or employed under:
(a) a law of Norfolk Island mentioned in subsection 61(1) of the
Norfolk Island Act 1979; or
(b) section 10 of the Norfolk Island Act 1979;
to be inspectors, and that arrangement has effect accordingly.
104 Section 528 (paragraph (b) of the definition of self-governing Territory)
Omit “Territory; or”, substitute “Territory.”
105 Section 528 (paragraph (c) of the definition of self-governing Territory)
Repeal the paragraph.
Freedom of Information Act 1982
106 Subsection 4(1) (definition of Cabinet)
Repeal the definition, substitute:
Cabinet includes a committee of the Cabinet.
107 Subsection 4(1) (definition of Minister)
Repeal the definition.
108 Subsection 4(1) (paragraph (c) of the definition of Norfolk Island authority)
Repeal the paragraph, substitute:
(c) a body established or appointed by the Administrator of
Norfolk Island otherwise than by or under a Norfolk Island
enactment; or
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109 Subsection 4(1) (paragraph (e) of the definition of Norfolk Island authority)
Repeal the paragraph, substitute:
(e) a person holding or performing the duties of an appointment,
where the appointment was made by the Administrator of
Norfolk Island otherwise than under a Norfolk Island
enactment.
110 Subsection 4(1) (definition of Norfolk Island Minister)
Repeal the definition.
111 Subsection 4(1) (subparagraph (a)(v) of the definition of prescribed authority)
Repeal the subparagraph.
112 Subsection 4(1) (paragraph (c) of the definition of principal officer)
Omit “Public Sector Management Act 2000”, substitute “Public Service
Act 2014”.
113 Subsection 4(1) (paragraph (e) of the definition of responsible Minister)
Repeal the paragraph, substitute:
(e) in relation to a Norfolk Island authority—the Minister
administering the Norfolk Island Act 1979;
114 Subparagraph 4(3)(a)(iii)
Repeal the subparagraph, substitute:
(iii) the office of Administrator of Norfolk Island; or
115 Paragraph 4(3B)(a)
Repeal the paragraph, substitute:
(a) because he or she holds the office of Administrator of
Norfolk Island; or
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116 Subparagraph 8(2)(d)(ii)
Omit “Public Sector Management Act 2000”, substitute “Public Service
Act 2014”.
117 Paragraph 8(2)(e)
Omit “or the Legislative Assembly of Norfolk Island”.
118 Paragraph 8(2)(h)
Omit “or the Legislative Assembly of Norfolk Island” (first occurring).
119 Paragraph 8(2)(h)
Omit “or the Legislative Assembly of Norfolk Island, as the case may
be”.
120 Subsection 12(2)
Omit all the words from and including “became” to and including
“more than”, substitute “ became a document of a Norfolk Island
agency more than”.
121 Paragraph 12(2)(d)
Omit all the words from and including “understanding” to and including
“to which”, substitute “understanding of a document of a Norfolk Island
agency to which”.
122 Paragraph 21(1)(d)
Omit “Parliament; or”, substitute “Parliament.”.
123 Paragraph 21(1)(e)
Repeal the paragraph.
124 Paragraphs 26AA(1)(b), (c), (d) and (e)
Omit “or Norfolk Island Minister”.
125 Subsections 26AA(2) to (4)
Omit “or Norfolk Island Minister” (wherever occurring).
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126 Paragraph 46(c)
Omit “or of Norfolk Island”.
127 Subsection 47A(1) (paragraph (b) of the definition of electoral roll)
Omit “(a); or”, substitute “(a).”.
128 Subsection 47A(1) (paragraphs (c) and (d) of the definition of electoral roll)
Repeal the paragraphs.
Historic Shipwrecks Act 1976
129 Subsection 4A(11) (definition of State)
Omit “and Norfolk Island”.
130 Subsection 4A(11) (definition of Territory)
Omit “or Norfolk Island”.
131 Paragraph 4A(12)(a)
Omit “or Norfolk Island”.
132 Paragraph 4A(12)(b)
Omit “1978; and”, substitute “1978.”.
133 Paragraph 4A(12)(c)
Repeal the paragraph.
International Criminal Court Act 2002
134 Section 4 (definition of State)
Repeal the definition, substitute:
State includes the Australian Capital Territory and the Northern
Territory.
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135 Section 4 (paragraph (a) of the definition of State Minister)
Omit “other than the Australian Capital Territory, the Northern
Territory or Norfolk Island”, substitute “other than the Australian
Capital Territory or the Northern Territory”.
136 Section 4 (paragraph (c) of the definition of State Minister)
Omit “and”.
137 Section 4 (paragraph (d) of the definition of State Minister)
Repeal the paragraph.
138 Section 4 (definition of Territory)
Omit “and, except in section 6, does not include Norfolk Island”.
139 Paragraph 186(4)(b)
Omit “Territory; or”, substitute “Territory.”.
140 Paragraph 186(4)(c)
Repeal the paragraph.
International Transfer of Prisoners Act 1997
141 Subsection 4(1) (definition of Territory Minister)
Repeal the definition, substitute:
Territory Minister, in relation to a Territory, means the Minister
administering the law of the Territory relating to the transfer of
prisoners, and includes:
(a) any Minister acting for the time being for or on behalf of that
Minister; and
(b) any person to whom the Minister has delegated any of the
Minister’s functions under this Act.
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Judiciary Act 1903
142 Paragraph 55N(2)(c)
Omit “or a member of the Government of Norfolk Island”.
Lands Acquisition Act 1989
143 Subsection 5(3)
Repeal the subsection, substitute:
(3) If a provision referred to in section 62 of the Norfolk Island Act
1979 is in operation, this Act does not apply to anything dealt with
by the provision.
Legislative Instruments Act 2003
144 Before section 4
Insert:
3AA Norfolk Island
This Act extends to Norfolk Island.
National Health Act 1953
145 Subsection 84(1) (paragraph (d) of the definition of Commonwealth officer)
Omit “, an Acting Administrator, or a Deputy Administrator,”,
substitute “or an Acting Administrator”.
National Health Security Act 2007
146 Subsection 3(1) (paragraph (c) of the definition of State or Territory Health Minister)
Omit “or”.
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147 Subsection 3(1) (paragraph (d) of the definition of State or Territory Health Minister)
Repeal the paragraph.
148 Subsection 3(1) (definition of State or Territory Health Minister)
Omit “, the Northern Territory or Norfolk Island”, substitute “or the
Northern Territory”.
149 Paragraph 3(2)(b)
Omit “, the Northern Territory and Norfolk Island”, substitute “and the
Northern Territory”.
Privacy Act 1988
150 Subsection 6(1) (definition of Cabinet)
Repeal the definition.
151 Subsection 6(1) (paragraph (d) of the definition of Norfolk Island agency)
Repeal the paragraph, substitute:
(d) a body established or appointed by the Administrator of
Norfolk Island otherwise than by or under a Norfolk Island
enactment; or
152 Subsection 6(1) (paragraph (f) of the definition of Norfolk Island agency)
Repeal the paragraph, substitute:
(f) a person holding or performing the duties of an appointment,
where the appointment was made by the Administrator of
Norfolk Island otherwise than under a Norfolk Island
enactment; or
153 Subsection 6(1) (definition of Norfolk Island Justice Minister)
Repeal the definition.
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154 Subsection 6(1) (definition of Norfolk Island Minister)
Repeal the definition.
155 Subparagraph 7(1)(a)(iiiaa)
Repeal the subparagraph.
156 Paragraphs 7(1)(eaa) and (eab)
Repeal the paragraphs.
157 Paragraph 28A(3)(a)
Omit “or Norfolk Island Minister”.
158 Paragraph 28B(1)(a)
Omit “, Norfolk Island Minister”.
159 Paragraph 30(3)(d)
Omit “or Norfolk Island Minister (if any)”.
160 Subsection 30(4)
Omit “or Norfolk Island Minister (if any)”.
161 Section 33B
Repeal the section.
162 Paragraphs 34(2)(a) and (b)
Omit “or a Norfolk Island Minister”.
163 Section 37 (table items 5B and 5C, column 2)
Omit “Public Sector Management Act 2000”, substitute “Public Service
Act 2014”.
164 Subsection 43(7)
Omit “or Norfolk Island Minister (if any)”.
165 Subsections 43(8) and (8A)
Omit “or a Norfolk Island Minister”.
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166 Paragraph 43(9)(b)
Omit “or Norfolk Island Minister”.
167 Subsection 50(1) (paragraph (f) of the definition of alternative complaint body)
Repeal the paragraph.
168 Subsection 50(1) (definition of Norfolk Island Public Service Board)
Repeal the definition.
169 Paragraph 50(2)(b)
Omit “or” (last occurring).
170 Paragraph 50(2)(ba)
Repeal the paragraph.
171 Paragraph 50(3)(b)
Omit “or”.
172 Paragraph 50(3)(c)
Repeal the paragraph.
173 Subsection 66(12)
Repeal the subsection.
174 Subsection 68(1)
Omit “or documents in respect of which the Norfolk Island Justice
Minister has given a certificate under subsection 70(4)”.
175 Subsection 70(4)
Repeal the subsection.
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Proceeds of Crime Act 2002
176 Section 338 (paragraph (b) of the definition of self-governing Territory)
Omit “Territory; or”, substitute “Territory.”
177 Section 338 (paragraph (c) of the definition of self-governing Territory)
Repeal the paragraph.
Public Interest Disclosure Act 2013
178 Subsection 69(1) (table item 17, column 1, paragraph (d))
Repeal the paragraph.
179 Subsection 69(1) (after table item 17)
Insert:
17A An individual (other than a judicial
officer) who exercises powers, or
performs functions, conferred on the
individual under a law in force in
The Department administered by the
Minister administering the Norfolk
Island Act 1979.
Norfolk Island (whether the law is a
law of the Commonwealth or a law
of the Territory).
180 Paragraph 69(2)(d)
Repeal the paragraph.
Remuneration Tribunal Act 1973
181 Paragraph 3(4)(jaa)
Repeal the paragraph, substitute:
(jaa) an office of member of the Norfolk Island Advisory Council;
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Sex Discrimination Act 1984
182 Subsection 4(1) (paragraph (f) of the definition of administrative office)
Repeal the paragraph.
Transfer of Prisoners Act 1983
183 Paragraph 3(10)(b)
Omit “or of the Legislative Assembly of Norfolk Island”.
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Part 2—Transitional provisions
Division 1—Introduction
184 Definitions
In this Part:
Administration has the same meaning as in the Norfolk Island Act
1979.
asset means:
(a) any legal or equitable estate or interest in real or personal
property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual,
contingent or prospective.
assets official, in relation to an asset other than land, means the person
or authority who:
(a) under a law of the Commonwealth, a State or a Territory; or
(b) under a trust instrument; or
(c) otherwise;
has responsibility for keeping a register in relation to assets of the kind
concerned.
Deputy Administrator has the same meaning as in the Norfolk Island
Act 1979 as in force immediately before the interim transition time.
Executive Council has the same meaning as in the Norfolk Island Act
1979 as in force immediately before the interim transition time.
interim transition time means the commencement of Part 1 of this
Schedule.
land means any legal or equitable estate or interest in real property,
whether actual, contingent or prospective.
land registration official, in relation to land, means the Registrar of
Titles or other proper officer of the State or Territory in which the land
is situated.
Legislative Assembly has the same meaning as in the Norfolk Island Act
1979 as in force immediately before the interim transition time.
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liability means any liability, duty or obligation, whether actual,
contingent or prospective.
responsible Commonwealth Minister has the same meaning as in the
Norfolk Island Act 1979.
transitional rules means rules made under item 185.
Division 2—Transitional rules
185 Transitional rules
(1) The responsible Commonwealth Minister may, by legislative
instrument, make rules (transitional rules) prescribing matters of a
transitional nature (including prescribing any saving or application
provisions) relating to the amendments or repeals made by Part 1
of this Schedule.
(2) To avoid doubt, the transitional rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated
Revenue Fund under an appropriation in this Act;
(e) amend this Act.
Division 3—Transfer of assets and liabilities
186 Vesting of assets of Executive Council or Legislative Assembly
(1) This item applies to an asset of the Executive Council or Legislative
Assembly immediately before the interim transition time.
(2) At the interim transition time:
(a) the asset ceases to be an asset of the Executive Council or
Legislative Assembly, as the case may be, and becomes an
asset of the Administration without any conveyance, transfer
or assignment; and
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(b) the Administration becomes the successor in law in relation
to the asset.
187 Vesting of liabilities of Executive Council or Legislative Assembly
(1) This item applies to a liability of the Executive Council or Legislative
Assembly immediately before the interim transition time.
(2) At the interim transition time:
(a) the liability ceases to be a liability of the Executive Council
or Legislative Assembly, as the case may be, and becomes a
liability of the Administration without any conveyance,
transfer or assignment; and
(b) the Administration becomes the successor in law in relation
to the liability.
188 Vesting of assets of Ministers, members of the Legislative Assembly and members of the Executive Council
(1) This item applies to:
(a) an asset of a Minister, if the asset was held by the Minister
immediately before the interim transition time in his or her
capacity as a Minister; and
(b) an asset of a member of the Legislative Assembly, if the asset
was held by the member of the Legislative Assembly
immediately before the interim transition time in his or her
capacity as a member of the Legislative Assembly; and
(c) an asset of a member of the Executive Council, if the asset
was held by the member of the Executive Council
immediately before the interim transition time in his or her
capacity as a member of the Executive Council.
(2) At the interim transition time:
(a) the asset ceases to be an asset of the Minister, member of the
Legislative Assembly or member of the Executive Council,
as the case may be, and becomes an asset of the
Administration without any conveyance, transfer or
assignment; and
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(b) the Administration becomes the successor in law in relation
to the asset.
(3) In this item:
Minister has the same meaning as in the Norfolk Island Act 1979 as in
force immediately before the interim transition time.
189 Vesting of liabilities of Ministers, members of the Legislative Assembly and members of the Executive Council
(1) This item applies to:
(a) a liability of a Minister immediately before the interim
transition time, if the liability was in his or her capacity as a
Minister; and
(b) a liability of a member of the Legislative Assembly
immediately before the interim transition time, if the liability
was in his or her capacity as a member of the Legislative
Assembly; and
(c) a liability of a member of the Executive Council immediately
before the interim transition time, if the liability was in his or
her capacity as a member of the Executive Council.
(2) At the interim transition time:
(a) the liability ceases to be a liability of the Minister, member of
the Legislative Assembly or member of the Executive
Council, as the case may be, and becomes a liability of the
Administration without any conveyance, transfer or
assignment; and
(b) the Administration becomes the successor in law in relation
to the liability.
(3) In this item:
Minister has the same meaning as in the Norfolk Island Act 1979 as in
force immediately before the interim transition time.
190 Transfers of land to the Administration may be registered
(1) This item applies if:
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(a) any land vests in the Administration under item 186 or 188;
and
(b) there is lodged with a land registration official a certificate
that:
(i) is signed by the responsible Commonwealth Minister;
and
(ii) identifies the land, whether by reference to a map or
otherwise; and
(iii) states that the land has become vested in the
Administration under this Schedule.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to,
the way in which dealings in land of that kind are registered;
and
(b) deal with, and give effect to, the certificate.
(3) A certificate under paragraph (1)(b) is not a legislative instrument.
191 Certificates relating to vesting of assets (other than land) in the Administration
(1) This item applies if:
(a) any asset other than land vests in the Administration under
item 186 or 188; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the responsible Commonwealth Minister;
and
(ii) identifies the asset; and
(iii) states that the asset has become vested in the
Administration under this Schedule.
(2) The assets official may:
(a) deal with, and give effect to, the certificate as if it were a
proper and appropriate instrument for transactions in relation
to assets of that kind; and
(b) make such entries in the register as are necessary having
regard to the effect of this Part.
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(3) A certificate under paragraph (1)(b) is not a legislative instrument.
Division 4—Transfer of other matters
192 Transitional—transfer of records to the Administration
(1) This item applies to any records or documents that were in possession
of:
(a) a person in his or her capacity as a Minister; or
(b) the Legislative Assembly; or
(c) a person in his or her capacity as a member of the Legislative
Assembly; or
(d) the Executive Council; or
(e) a person in his or her capacity as a member of the Executive
Council; or
(f) a person in his or her capacity as the Deputy Administrator;
immediately before the interim transition time.
(2) The records and documents are to be transferred to the Administration
after the interim transition time.
(3) In this item:
Minister has the same meaning as in the Norfolk Island Act 1979 as in
force immediately before the interim transition time.
Division 5—Employees
193 Transitional—employees of the Administration
(1) For the purposes of this item, a person is an eligible employee if,
immediately before the interim transition time:
(a) the person was not an employee of the Administration; and
(b) the person was not an employee of a body corporate
established by or under an enactment; and
(c) the person was:
(i) employed under the Public Service Act 2014 (Norfolk
Island); or
(ii) employed under an enactment; or
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(iii) acting in an official capacity for the Administration; or
(iv) under the transitional rules, taken to be an eligible
employee for the purposes of this item.
(2) The eligible employee is taken, at the interim transition time to have
become employed by the Administration.
(3) The eligible employee is taken to have been engaged by the
Administration on the same terms and conditions as those that applied
to the eligible employee immediately before the interim transition time.
(4) This item does not prevent the terms and conditions of an eligible
employee’s employment after the interim transition time from being
varied:
(a) in accordance with those terms and conditions; or
(b) by or under a law, award, determination or agreement.
(5) The eligible employee is not entitled to receive any payment or other
benefit merely because he or she stopped being an employee of a person
as a result of this item.
(6) The eligible employee is taken to have accrued an entitlement to
benefits, in connection with the eligible employee’s employment with
the Administration, that is equivalent to the entitlement that the eligible
employee had as an employee immediately before the interim transition
time.
(7) The service of the eligible employee as an employee of the
Administration is taken, for all purposes, to have been continuous with
his or her service as an employee before the interim transition time.
(8) Section 61A of the Norfolk Island Act 1979 applies to the eligible
employee as if he or she had been engaged by the Administrator under
section 10 of that Act.
(9) In this item:
vary, in relation to terms and conditions, includes:
(a) omit any of those terms and conditions; or
(b) add to those terms and conditions; or
(c) substitute new terms or conditions for any of those terms and
conditions.
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Division 6—Financial matters
194 Transitional—annual financial statements
The amendments of sections 48B and 48C of the Norfolk Island Act
1979 made by this Schedule apply in relation to annual financial
statements for:
(a) the financial year beginning on 1 July 2015; or
(b) a later financial year.
195 Transitional—annual reports
The amendments of section 48J of the Norfolk Island Act 1979 made by
this Schedule apply in relation to an annual report for:
(a) the financial year beginning on 1 July 2015; or
(b) a later financial year.
Division 7—Administrative Appeals Tribunal
196 Public interest
Despite the amendments of sections 36B, 36C and 36D of the
Administrative Appeals Tribunal Act 1975 made by Part 1 of this
Schedule, those sections continue to apply after the interim transition
time, in relation to matters that concern Norfolk Island, as if:
(a) the amendments had not been made; and
(b) the definitions of Attorney-General in subsections 36B(6),
36C(4) and 36D(8) were modified by omitting “the Norfolk
Island Justice Minister”, and substituting “the
Commonwealth Attorney-General”; and
(c) paragraph (a) of the definition of Cabinet in
subsection 36B(6) were modified by omitting “consists”, and
substituting “consisted”.
Division 8—Historic shipwrecks
197 Continuity of declarations
The amendments of section 4A of the Historic Shipwrecks Act 1976
made by Part 1 of this Schedule do not affect the continuity of a
declaration made under that section before the interim transition time.
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198 Disclosable conduct
The amendments of the Public Interest Disclosure Act 2013 made by
Part 1 of this Schedule, so far as they are relevant to determining what
is disclosable conduct for the purposes of that Act, apply in relation to
conduct occurring after the interim transition time.
Division 10—Other matters
199 Exemption from stamp duty and other State or Territory taxes
(1) No stamp duty or other tax is payable under a law of a State or a
Territory in respect of an exempt matter, or anything connected with an
exempt matter.
(2) For the purposes of this item, an exempt matter is:
(a) the vesting of an asset or liability under this Part; or
(b) the operation of this Part in any other respect; or
(c) the operation of the transitional rules.
(3) The responsible Commonwealth Minister may certify in writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing was connected with a specified exempt
matter.
(4) In all courts, and for all purposes (other than for the purposes of
criminal proceedings), a certificate under subitem (3) is prima facie
evidence of the matters stated in the certificate.
200 Constitutional safety net
(1) If:
(a) any of the amendments or repeals made by this Schedule; or
(b) the operation of a provision of this Part or the transitional
rules;
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would result in an acquisition of property (within the meaning of
paragraph 51(xxxi) of the Constitution) from a person otherwise than on
just terms (within the meaning of that paragraph), the Commonwealth is
liable to pay a reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in a court of
competent jurisdiction for the recovery from the Commonwealth of
such reasonable amount of compensation as the court determines.
201 Constitutional limits
This Part has no effect to the extent (if any) to which it imposes
taxation.
202 Certificates taken to be authentic
A document that appears to be a certificate made or issued under a
particular provision of this Part:
(a) is taken to be such a certificate; and
(b) is taken to have been properly given;
unless the contrary is established.
203 Power to make Ordinances
This Part does not, by implication, limit the matters that may be dealt
with by Ordinances under section 19A of the Norfolk Island Act 1979.
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Amendments contingent on the commencement of the Acts and Instruments
(Framework Reform) Act 2015 Part 3
Part 3—Amendments contingent on the commencement of the Acts and Instruments (Framework Reform) Act 2015
Legislation Act 2003
204 Paragraph 10(2)(b)
Omit “1988);”, substitute “1988).”.
205 Paragraph 10(2)(c)
Repeal the paragraph.
206 Transitional—Ordinances
Despite the repeal of paragraph 10(2)(c) of the Legislation Act 2003 by
this Part, that paragraph continues to apply, in relation to an Ordinance
made before the commencement of Part 1 of this Schedule, as if that
repeal had not happened.
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Schedule 2—Final arrangements etc.
Part 1—Amendments
Division 1—Amendment of the Norfolk Island Act 1979
Norfolk Island Act 1979
1 Subsection 4(1) (definition of Acting Administrator)
Repeal the definition.
2 Subsection 4(1) (definition of Administration)
Repeal the definition.
3 Subsection 4(1) (definition of Administrator)
Repeal the definition.
4 Subsection 4(1) (definition of Advisory Council)
Repeal the definition.
5 Subsection 4(1) (definition of Chief Executive Officer)
Repeal the definition.
6 Subsection 4(1) (definition of Commonwealth Finance Minister)
Repeal the definition.
7 Subsection 4(1) (definition of Commonwealth Finance Minister’s Orders)
Repeal the definition.
8 Subsection 4(1) (definition of Commonwealth Financial Officer for Norfolk Island)
Repeal the definition.
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9 Subsection 4(1)
Insert:
court officer of New South Wales means a person holding, or
performing the functions or duties of, any of the following offices:
(a) any of the following offices in a court of New South Wales:
(i) Judge;
(ii) Magistrate (however described);
(iii) Master;
(iv) Registrar (however described);
(v) Clerk (however described);
(vi) Sheriff (however described);
(vii) Bailiff (however described);
(b) any other office that is:
(i) in respect of a court of New South Wales; and
(ii) specified in the regulations.
court of New South Wales includes a tribunal established under a
law of New South Wales.
10 Subsection 4(1) (definition of Executive Director)
Repeal the definition.
11 Subsection 4(1) (definition of Federal Court)
Repeal the definition.
12 Subsection 4(1)
Insert:
final transition time means the commencement of Part 1 of
Schedule 2 to the Norfolk Island Legislation Amendment Act 2015.
13 Subsection 4(1) (definition of financial management and accountability provisions)
Repeal the definition.
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14 Subsection 4(1) (definition of member of the Advisory Council)
Repeal the definition.
15 Subsection 4(1) (definition of money of a Territory authority)
Repeal the definition.
16 Subsection 4(1) (definition of Norfolk Island Public Service Values)
Repeal the definition.
17 Subsection 4(1)
Insert:
Norfolk Island Regional Council means a body that is:
(a) established by or under a law in force in the Territory; and
(b) declared by a section 19A Ordinance to be the Norfolk Island
Regional Council for the purposes of this definition.
18 Subsection 4(1) (definition of performance audit)
Repeal the definition.
19 Subsection 4(1) (definition of property of a Territory authority)
Repeal the definition.
20 Subsection 4(1) (definition of Public Account of Norfolk Island)
Repeal the definition.
21 Subsection 4(1) (definition of public money of the Territory)
Repeal the definition.
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22 Subsection 4(1) (definition of public property of the Territory)
Repeal the definition.
23 Subsection 4(1) (definition of responsible manager)
Repeal the definition.
24 Subsection 4(1) (definition of Territory authority)
Repeal the definition.
25 Parts II and III
Repeal the Parts.
26 Section 15
Repeal the section, substitute:
15 Laws in force in the Territory
After the final transition time, the laws in force in the Territory
from time to time are:
(a) Acts to the extent that they are in force from time to time in,
or in relation to, the Territory; and
(b) laws made under Acts to the extent that those laws are in
force from time to time in, or in relation to, the Territory; and
(c) section 19A Ordinances as in force from time to time; and
(d) laws continued in force by section 16 or 16A (including such
a law as amended in accordance with section 17); and
(e) New South Wales laws as in force in the Territory in
accordance with section 18A.
27 At the end of Division 1 of Part IV
Add:
18A Application of New South Wales laws
(1) Subject to this section and section 18B, the provisions of the law of
New South Wales (whether made before or after the final transition
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time), as in force in New South Wales from time to time, are in
force in the Territory.
(2) To the extent that a law is in force in the Territory under
subsection (1), it may be incorporated, amended or repealed by a
section 19A Ordinance or a law made under a section 19A
Ordinance.
(3) A section 19A Ordinance may suspend the operation in the
Territory of a law in force in the Territory under subsection (1) for
such period as is specified in the Ordinance.
(4) To the extent that a law is in force in the Territory under
subsection (1), it has no effect to the extent that it is inconsistent
with:
(a) the Constitution; or
(b) an Act; or
(c) an enactment.
(5) For the purposes of subsection (4), a law is taken to be consistent
with:
(a) an Act; or
(b) an enactment;
to the extent that the law is capable of operating concurrently with
it.
(6) In this section:
provision of the law of New South Wales:
(a) includes a principle or rule of common law or equity that is
part of the law of New South Wales; and
(b) does not include an Act or a provision of an Act.
18B Powers and functions under the applied New South Wales laws
Vesting of powers in the Minister
(1) If a power is vested in:
(a) a Minister of New South Wales; or
(b) the Governor of New South Wales; or
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(c) the Governor-in-Council of New South Wales;
by a New South Wales law in force in the Territory under
section 18A, the power is, in relation to the Territory, vested in the
responsible Commonwealth Minister instead of the person or
authority mentioned in paragraph (a), (b) or (c) of this subsection.
(2) If:
(a) a power is vested in a person (other than a court officer of
New South Wales) or an authority (other than a court of New
South Wales) by a New South Wales law in force in the
Territory under section 18A; and
(b) subsection (1) does not apply to the power;
the power is, in relation to the Territory, vested in the responsible
Commonwealth Minister instead of the person or authority
mentioned in paragraph (a) of this subsection.
Delegation etc.
(3) If a power is vested in the responsible Commonwealth Minister
under subsection (1) or (2), the Minister may, in writing:
(a) direct that the power is also vested in a specified person or
authority; or
(b) delegate the power to a specified person.
(4) A person or authority in whom a power is vested under
paragraph (3)(a) may, if the person is so empowered by the
responsible Commonwealth Minister in the direction, delegate the
power, in writing, to a specified person.
(5) If:
(a) a power is vested in the responsible Commonwealth Minister
under subsection (2); and
(b) a person, or an authority, who is:
(i) an officer or employee of New South Wales; or
(ii) an authority of New South Wales; or
(iii) an officer or employee of an authority of New South
Wales;
is subject to an arrangement under section 18C; and
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(c) the power corresponds to a power that the person or authority
is authorised, under a law in force in New South Wales, to
exercise in, or in a part of, New South Wales:
(i) whether in the person’s own right or the authority’s own
right; or
(ii) whether in the capacity of a delegate; or
(iii) whether in any other way;
the responsible Commonwealth 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.
(6) The Minister may direct that subsection (5) does not apply to a
specified power.
(7) A direction under subsection (6) may be unconditional or subject to
such conditions (if any) as are specified in the direction.
Other matters
(8) An instrument under this section may identify a power by reference
to a class of powers.
(9) The validity of the exercise of a power under a law by a person or
authority under this section is unaffected by the failure of the
person or authority to hold a qualification required of a person
exercising that power under the law as in force in New South
Wales.
(10) This section does not affect the operation of section 18A in relation
to the application in or in relation to the Territory of a law (a
subordinate law) made under a New South Wales law (whether the
subordinate law is made before or after the final transition time).
(11) An instrument under this section is not a legislative instrument.
(12) In this section:
authority means:
(a) a body corporate, or an unincorporated body, established for
a public purpose; or
(b) an authority (within the ordinary meaning of that expression).
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authority of New South Wales means an authority established by
or under a New South Wales law.
power includes function or duty, and, in that context, exercise
means perform.
18C Arrangements with the Government of New South Wales
(1) The Commonwealth may enter into arrangements with New South
Wales for the effective application and administration of the laws
in force in the Territory.
(2) Without limiting the generality of subsection (1), such an
arrangement may provide for the exercise of powers or the
performance of functions or duties by:
(a) an officer or employee of New South Wales; or
(b) an authority of New South Wales (within the meaning of
section 18B); or
(c) an officer or employee of an authority of New South Wales
(within the meaning of section 18B);
in or in relation to the Territory.
28 Part VI
Repeal the Part.
29 Section 61A
Repeal the section.
Division 2—Amendments of other legislation
Aboriginal and Torres Strait Islander Act 2005
30 Subsection 5(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
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31 Subsection 5(2)
Omit “, of the Northern Territory or of Norfolk Island”, substitute “or of
the Northern Territory”.
A.C.T. Self-Government (Consequential Provisions)
Regulations
32 Schedule 1 (modifications relating to the Extradition Act
1988)
Repeal the modifications.
Administrative Appeals Tribunal Act 1975
33 Subsection 67A(2)
Omit all the words after “given”, substitute “to the Secretary of the
Department administered by the Minister administering the Norfolk
Island Act 1979”.
Admiralty Act 1988
34 Subsection 8(4) (definition of government)
Omit “, the Northern Territory or the Administration of Norfolk Island”,
substitute “or the Northern Territory”.
Aged Care (Accommodation Payment Security) Act 2006
35 Subsection 4(2)
After “except”, insert “Norfolk Island,”.
36 Section 6
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
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Aged Care Act 1997
37 Subsection 4-1(2)
After “except”, insert “Norfolk Island,”.
38 At the end of section 4-1
Add:
(4) Despite subsection (1), Parts 2.2, 2.5 and 3.1 apply in relation to
Norfolk Island as if Norfolk Island were part of New South Wales
and were not a Territory.
Note: This has the effect that references in Parts 2.2, 2.5 and 3.1 to a
Territory do not apply to Norfolk Island, and that references in those
Parts to a State will be relevant to New South Wales as if it included
Norfolk Island.
39 After subsection 12-6(1A)
Insert:
(1B) If the Secretary determines the *regions within New South Wales,
he or she must determine that one of those regions consists of
Norfolk Island.
40 Clause 1 of Schedule 1
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
Aged Care (Transitional Provisions) Act 1997
41 Subsection 4-1(2)
After “except”, insert “Norfolk Island,”.
42 At the end of section 4-1
Add:
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(4) Despite subsection (1), Part 3.1 applies in relation to Norfolk
Island as if Norfolk Island were part of New South Wales and were
not a Territory.
Note: This has the effect that references in Part 3.1 to a Territory do not
apply to Norfolk Island, and that references in that Part to a State will
be relevant to New South Wales as if it included Norfolk Island.
43 Clause 1 of Schedule 1
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
Age Discrimination Act 2004
44 Subsection 13(1)
Omit “, of each of the States and of Norfolk Island”, substitute “and of
each of the States”.
45 Subsection 13(2)
Omit “, of a State or of Norfolk Island”, substitute “or of a State”.
Agricultural and Veterinary Chemicals Act 1994
46 Section 14
Omit “, of the Australian Capital Territory and of Norfolk Island”,
substitute “and of the Australian Capital Territory”.
47 Section 16
Omit “, of the Australian Capital Territory or of Norfolk Island”,
substitute “or of the Australian Capital Territory”.
Airports Act 1996
48 Subsection 8(1)
Omit “, of each of the States and of Norfolk Island”, substitute “and of
each of the States”.
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Airports (Transitional) Act 1996
49 Subsection 7(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Air Services Act 1995
50 Section 4
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
A New Tax System (Family Assistance) Act 1999
51 At the end of Part 1
Add:
2A Norfolk Island
This Act extends to Norfolk Island.
52 Subsection 3(1)
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
A New Tax System (Family Assistance) (Administration) Act
1999
53 At the end of Part 1
Add:
2A Norfolk Island
This Act extends to Norfolk Island.
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54 Subsection 80(5)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
55 Subsection 89(9)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Anti-Money Laundering and Counter-Terrorism Financing
Act 2006
56 Subsections 245(7) and (8)
Repeal the subsections.
Archives Act 1983
57 Subsection 3(1) (subparagraph (a)(i) of the definition of authority of the Commonwealth)
Omit “or Norfolk Island”.
58 Subsection 3(1) (paragraph (h) of the definition of Commonwealth institution)
Omit “other than Norfolk Island”.
59 Paragraph 3(2)(g)
Omit “, the Northern Territory or Norfolk Island” (wherever occurring),
substitute “or the Northern Territory”.
60 Paragraphs 23(a) and (b)
Omit “, Norfolk Island”.
Auditor-General Act 1997
61 After section 3
Insert:
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3A Norfolk Island
This Act extends to Norfolk Island.
62 Section 5
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
Australian Aged Care Quality Agency Act 2013
63 Section 3
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
64 Subsection 6(2)
After “except”, insert “Norfolk Island,”.
Australian Crime Commission Act 2002
65 Section 5
Omit “, of the Australian Capital Territory, and of Norfolk Island”,
substitute “and of the Australian Capital Territory”
Australian Federal Police Act 1979
66 Subsection 8(1C)
Repeal the subsection, substitute:
(1C) The Minister may enter into an arrangement with:
(a) the Minister administering the Department that deals with the
administration of an external Territory; or
(b) the Administrator (if any) of an external Territory;
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for the provision of police services and regulatory services for that
Territory.
67 Subsection 42J(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Australian Hearing Services Act 1991
68 Subsection 4(1)
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
69 After section 6
Insert:
6AA Norfolk Island
This Act extends to Norfolk Island.
Australian Human Rights Commission Act 1986
70 Subsection 6(1)
Omit “and of Norfolk Island”.
71 Subsection 6(2)
Omit “, of a State or of Norfolk Island”, substitute “or of a State”.
Australian Organ and Tissue Donation and Transplantation
Authority Act 2008
72 Section 4
Insert:
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Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
73 Section 7
Omit “other than Norfolk Island”.
Australian Postal Corporation Act 1989
74 Section 10
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Banking Act 1959
75 Subsections 38A(2) and (4)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Bank Integration Act 1991
76 Section 4
Omit “, of the Australian Capital Territory and of Norfolk Island”,
substitute “and of the Australian Capital Territory”.
Broadcasting Services Act 1992
77 Clause 96 of Schedule 5
Omit “, the Australian Capital Territory or Norfolk Island”, substitute
“or the Australian Capital Territory”.
78 Clause 123 of Schedule 7
Omit “, the Australian Capital Territory or Norfolk Island”, substitute
“or the Australian Capital Territory”.
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Carbon Credits (Carbon Farming Initiative) Act 2011
79 Subsections 296(7) and (8)
Repeal the subsections.
Charter of the United Nations Act 1945
80 Subsection 4(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Child Support (Assessment) Act 1989
81 Section 10
Omit “the external Territories”, substitute “an external Territory other
than Norfolk Island”.
82 Subsection 16(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
83 At the end of Part 1
Add:
16A Norfolk Island
This Act extends to Norfolk Island.
Child Support (Registration and Collection) Act 1988
84 Subsection 4(1) (paragraph (a) of the definition of resident of Australia)
Omit “the external Territories”, substitute “an external Territory other
than Norfolk Island”.
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85 Subsection 8(1)
Omit “, the Northern Territory and Norfolk Island”, substitute “and the
Northern Territory”.
86 Subsection 8(2)
Omit “, the Northern Territory or Norfolk Island”, substitute “or the
Northern Territory”.
87 Section 20 (heading)
Repeal the heading, substitute:
20 Arrangements with States and Northern Territory for transfer of
liabilities
88 Section 20
Omit “or Norfolk Island”.
89 Section 21 (heading)
Repeal the heading, substitute:
21 Arrangements in relation to Territories (other than the Northern
Territory) for transfer of liabilities
90 Section 21
Omit “or Norfolk Island”.
91 Subsection 50(3)
Omit “or Norfolk Island”.
Civil Aviation Act 1988
92 Subsection 5(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
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Civil Aviation (Carriers’ Liability) Act 1959
93 Subsection 7(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Commonwealth Grants Commission Act 1973
94 Subsection 5(3)
Repeal the subsection.
95 Section 16C
Repeal the section.
96 Section 16D (heading)
Repeal the heading, substitute:
16D Inquiries relating to external Territories
97 Section 16D
Omit “(other than the Territory of Norfolk Island)”.
98 Subsections 25(1) and (2)
Omit “16C,”.
Copyright Act 1968
99 Subsection 10(1) (definition of the Crown)
Omit “, the Crown in right of the Northern Territory and the Crown in
right of Norfolk Island”, substitute “and the Crown in right of the
Northern Territory”.
100 Subsection 10(1) (definition of the Crown)
Omit “or Norfolk Island”.
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101 Paragraph 10(3)(e)
Omit “and the Crown in right of Norfolk Island”.
Corporations (Aboriginal and Torres Strait Islander) Act
2006
102 Subsection 1-10(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Crimes Act 1914
103 Section 3B (heading)
Repeal the heading, substitute:
3B Arrangements with States, Australian Capital Territory and
Northern Territory
104 Subsection 3B(1)
Omit “, the Administrator of the Northern Territory or the
Administrator of Norfolk Island”, substitute “or the Administrator of
the Northern Territory”.
105 Subparagraph 3B(2)(b)(i)
Omit “, the Northern Territory or Norfolk Island”, substitute “or the
Northern Territory”.
106 Subparagraph 3B(2)(b)(iii)
Omit “Territory; and”, substitute “Territory.”.
107 Subparagraph 3B(2)(b)(iv)
Repeal the subparagraph.
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108 Subsection 3CA(4)
Omit “, the Administrator of the Northern Territory or the
Administrator of Norfolk Island”, substitute “or the Administrator of
the Northern Territory”.
109 Paragraph 4AAB(1)(c)
Omit “and”.
110 Paragraph 4AAB(1)(d)
Repeal the paragraph.
111 Subsection 16(1) (paragraph (a) of the definition of parole officer)
Omit “, the Northern Territory or Norfolk Island”, substitute “or the
Northern Territory”.
112 Subsection 16(1) (paragraphs (a) and (b) of the definition of prescribed authority)
Omit “, the Northern Territory or Norfolk Island”, substitute “or the
Northern Territory”.
113 Subsection 21F(1)
Omit “, the Administrator of the Northern Territory or the
Administrator of Norfolk Island”, substitute “or the Administrator of
the Northern Territory”.
114 Section 85ZQ
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Crimes (Aviation) Act 1991
115 Section 3 (paragraphs (a) and (b) of the definition of magistrate)
Omit “, the Northern Territory or Norfolk Island”, substitute “or the
Northern Territory”.
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116 Paragraph 51(1)(b)
Omit “or of Norfolk Island” (first occurring).
117 Paragraph 51(1)(b)
Omit “or of Norfolk Island, as the case may be”.
Crimes (Superannuation Benefits) Act 1989
118 Subsection 13(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Criminal Code Act 1995
119 Dictionary in the Criminal Code (paragraph (h) of the definition of Commonwealth public official)
Repeal the paragraph.
Customs Act 1901
120 Subsection 214BA(4)
Omit “, the Administrator of the Northern Territory or the
Administrator of Norfolk Island”, substitute “or the Administrator of
the Northern Territory”.
Data-matching Program (Assistance and Tax) Act 1990
121 At the end of Part 1
Add:
3B Norfolk Island
This Act extends to Norfolk Island.
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Dental Benefits Act 2008
122 Section 4
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
123 At the end of Part 1
Add:
7A Extension to external Territories
This Act extends to every external Territory.
124 Subparagraphs 18(2)(e)(iii) and (v)
Omit “an internal”, substitute “a”.
125 Subparagraphs 21(2)(e)(iii) and (v)
Omit “an internal”, substitute “a”.
Designs Act 2003
126 Subsection 3(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Disability Discrimination Act 1992
127 Subsection 14(1)
Omit “, of each of the States and of Norfolk Island”, substitute “and of
each of the States”.
128 Subsection 14(2)
Omit “, of a State or of Norfolk Island”, substitute “or of a State”.
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Disability Services Act 1986
129 Subsections 23(10) and 27(5)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Enhancing Online Safety for Children Act 2015
130 Section 102
Omit “, the Australian Capital Territory or Norfolk Island”, substitute
“or the Australian Capital Territory”.
Environment Protection and Biodiversity Conservation Act
1999
131 Subsections 393(3) and 398(2)
Repeal the subsections.
132 Subsection 446(8)
Omit “, the Administrator of the Northern Territory or the
Administrator of Norfolk Island”, substitute “or the Administrator of
the Northern Territory”.
133 Paragraph 525(1)(a)
Omit “(including land owned in Norfolk Island)”.
134 Paragraph 525(1)(b)
Omit “(including an area held under lease in Norfolk Island)”.
135 Subparagraph 525(c)(i)
Omit “(except Norfolk Island)”.
136 Section 528 (subparagraph (c)(iii) of the definition of agency)
Omit “or Norfolk Island”.
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137 Section 528 (subparagraph (g)(iii) of the definition of agency)
Omit “or Norfolk Island”.
Environment Protection (Sea Dumping) Act 1981
138 Subsection 4(1) (at the end of subparagraphs (a)(i) and (ii) of the definition of Australian aircraft)
Add “or”.
139 Subsection 4(1) (subparagraph (a)(iv) of the definition of Australian aircraft)
Repeal the subparagraph.
140 Subsection 4(1) (at the end of subparagraphs (a)(i) and (ii) of the definition of Australian vessel)
Add “or”.
141 Subsection 4(1) (subparagraph (a)(iv) of the definition of Australian vessel)
Repeal the subparagraph.
Extradition Act 1988
142 Section 5 (definition of magistrate)
Repeal the definition, substitute:
magistrate means:
(a) a magistrate of a Territory other than the Australian Capital
Territory or the Northern Territory; or
(b) a magistrate of a State, the Australian Capital Territory or the
Northern Territory, being a magistrate in respect of whom an
arrangement is in force under section 46.
143 Subsection 24(3)
Omit “, the Northern Territory or Norfolk Island” (wherever occurring),
substitute “ or the Northern Territory”.
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144 Subparagraph 24(3)(b)(ii)
Omit “or”.
145 Subparagraph 24(3)(b)(iii)
Repeal the subparagraph.
146 Subsection 24(5)
Omit “or Norfolk Island”.
147 Subsection 36(4)
Omit “, the Northern Territory or Norfolk Island” (wherever occurring),
substitute “or the Northern Territory”.
148 Subparagraph 36(4)(b)(ii)
Omit “or”.
149 Subparagraph 36(4)(b)(iii)
Repeal the subparagraph.
150 Subsection 36(6)
Omit “or Norfolk Island”.
151 Paragraph 46(1)(b)
Repeal the paragraph, substitute:
(b) arrange with:
(i) the Chief Minister of the Australian Capital Territory; or
(ii) the Administrator of the Northern Territory;
for the performance, by all or any of the persons who, from
time to time hold office as magistrates of that Territory, of
the functions of a magistrate under this Act.
Family Law Act 1975
152 Subsection 112AN(1)
After “Territory” (first occurring), insert “(other than Norfolk Island)”.
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153 Subsection 112AN(2) (paragraph (c) of the definition of relevant authority)
Omit “Territory; and”, substitute “Territory.”.
154 Subsection 112AN(2) (paragraph (d) of the definition of relevant authority)
Repeal the paragraph.
155 Subsection 116C(4)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Farm Household Support Act 2014
156 Subsection 5(1)
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
157 At the end of Part 1
Add:
6A Norfolk Island
This Act extends to Norfolk Island.
Financial Sector (Shareholdings) Act 1998
158 Subsection 5(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
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Financial Transaction Reports Act 1988
159 Subsection 5(1)
Omit “, of the Australian Capital Territory and of Norfolk Island”,
substitute “and of the Australian Capital Territory”.
160 Subsection 5(2)
Omit “, of the Australian Capital Territory or of Norfolk Island”,
substitute “or of the Australian Capital Territory”.
Fisheries Management Act 1991
161 Subsection 6(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Foreign Corporations (Application Of Laws) Act 1989
162 Section 6
Omit “, the Northern Territory and Norfolk Island”, substitute “and the
Northern Territory”.
Freedom of Information Act 1982
163 Subsection 3(1)
Omit “or the Government of Norfolk Island”.
164 Subsection 4(1) (paragraph (a) of the definition of Commonwealth contract)
Omit “, Norfolk Island”.
165 Subsection 4(1) (subparagraph (b)(iii) of the definition of Commonwealth contract)
Omit “, Norfolk Island”.
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166 Subsection 4(1) (paragraph (c) of the definition of Norfolk Island authority)
Repeal the paragraph.
167 Subsection 4(1) (subparagraph (d)(ii) of the definition of Norfolk Island authority)
Omit “enactment; or”, substitute “enactment.”.
168 Subsection 4(1) (paragraph (e) of the definition of Norfolk Island authority)
Repeal the paragraph.
169 Subparagraph 4(3)(a)(iii)
Repeal the subparagraph.
170 Subsection 4(3B)
Repeal the subsection, substitute:
(3B) A person is not taken to be a Norfolk Island authority because he
or she holds, or performs the duties of:
(a) a prescribed office; or
(b) an office the duties of which he or she performs as duties of
his or her employment as an officer of a Norfolk Island
authority; or
(c) an office of member of a Norfolk Island authority; or
(d) an office established by a Norfolk Island enactment for the
purposes of a Norfolk Island authority.
171 Paragraph 11B(4)(aa)
Repeal the paragraph.
172 Subsection 15(6) (heading)
Repeal the heading, substitute:
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Extension of processing period to comply with requirements of
section 26A, 27 or 27A
173 Subsection 15(6)
Omit “26AA,”.
174 Paragraph 20(3)(c)
Omit “, Norfolk Island”.
175 Subsection 26A(6)
Repeal the subsection.
176 Section 26AA
Repeal the section.
177 Subsection 45(1)
Omit “, the Commonwealth or Norfolk Island”, substitute “or the
Commonwealth”.
178 Paragraph 45(2)(b)
Omit “, the Commonwealth or Norfolk Island”, substitute “or the
Commonwealth”.
179 Subsection 47(3)
Omit all the words after “carried on”, substitute:
by:
(a) the Commonwealth or a State; or
(b) an authority of the Commonwealth or of a State; or
(c) a Norfolk Island authority; or
(d) a local government authority.
180 Paragraph 47B(c)
Repeal the paragraph.
181 Paragraph 47B(d)
Omit “the Government of Norfolk Island or”.
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182 Paragraph 47B(e)
Repeal the paragraph.
183 Paragraph 47B(f)
Omit “to the Government of Norfolk Island,”.
184 Paragraph 47B(f)
Omit “Norfolk Island or of”.
185 Paragraph 47C(1)(c)
Omit “Commonwealth; or”, substitute “Commonwealth.”.
186 Paragraph 47C(1)(d)
Repeal the paragraph.
187 Section 47D (heading)
Repeal the heading, substitute:
47D Public interest conditional exemptions—financial or property
interests of the Commonwealth
188 Section 47D
Omit “, of Norfolk Island”.
189 Paragraph 47E(c)
Omit “, by Norfolk Island”.
190 Paragraph 47G(1)(b)
Omit “, Norfolk Island”.
191 Subsection 47G(4)
Omit all the words after “carried on”, substitute:
by:
(a) the Commonwealth or a State; or
(b) an authority of the Commonwealth or of a State; or
(c) a Norfolk Island authority; or
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(d) a local government authority.
192 Paragraph 47J(3)(g)
Omit “Norfolk Island,”.
193 Subsection 53B(1) (table item 1A)
Repeal the item.
194 Subsection 53C(1) (table item 1A)
Repeal the item.
195 Paragraph 54P(1)(a)
Omit “26AA,”.
196 Paragraph 54S(2)(b)
Omit “26AA,”.
197 Subsection 54Y(2) (note)
Omit “26AA (documents affecting Norfolk Island intergovernmental
relations),”.
198 Subsection 55G(1) (note)
Omit “26AA (documents affecting Norfolk Island intergovernmental
relations),”.
199 Subsection 60AA(1)
Omit “26AA,”.
200 Subsection 61(2)
Omit “26AA,”.
201 Subsection 66(1)
Omit “or Norfolk Island”.
202 Subsection 90(1)
Omit “Norfolk Island,”.
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203 Subsection 91(1A)
Omit “26AA,”.
204 Subsection 91(1B)
Omit “Norfolk Island,”.
205 Subsection 91(1B)
Omit “26AA,”.
206 Paragraph 91(1C)(aa)
Repeal the paragraph.
207 Paragraph 91(1C)(d)
Omit “Norfolk Island,”.
208 Paragraphs 91(2A)(aa) and 92(2)(aa)
Repeal the paragraphs.
Fringe Benefits Tax Assessment Act 1986
209 Subsection 163(3)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Hazardous Waste (Regulation of Exports and Imports) Act
1989
210 Section 10
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Health and Other Services (Compensation) Act 1995
211 Subsection 3(1) (definition of Territory)
Repeal the definition, substitute:
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Territory means:
(a) an internal Territory; or
(b) Norfolk Island; or
(c) the Territory of Christmas Island; or
(d) the Territory of Cocos (Keeling) Islands.
212 After section 6
Insert:
6AA Norfolk Island
This Act extends to Norfolk Island.
Healthcare Identifiers Act 2010
213 Subsection 4(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Health Insurance Act 1973
214 Subsection 3(1) (definition of Australia)
After “includes”, insert “Norfolk Island,”.
215 Before subsection 3(15)
Insert:
(14) For the purposes of the definition of patient contribution in
subsection (1), Norfolk Island is taken to form part of the State of
New South Wales.
216 After subsection 3C(7)
Insert:
(7A) For the purposes of this section, Norfolk Island is taken to form
part of the State of New South Wales.
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217 Section 7A
After “extends to”, insert “Norfolk Island, to”.
218 At the end of section 8
Add:
(2) For the purposes of this Part, Norfolk Island is taken to form part
of the State of New South Wales.
219 Paragraph 18(1)(b)
After “internal Territory,”, insert “Norfolk Island,”.
220 Subsection 23DF(18)
Omit “or of an internal Territory”, substitute “, of an internal Territory
or of Norfolk Island”.
Human Services (Centrelink) Act 1997
221 Section 3
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
222 Section 5
After “extends to”, insert “Norfolk Island, to”.
Human Services (Medicare) Act 1973
223 Section 3
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
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224 At the end of Part I
Add:
3B Norfolk Island
This Act extends to Norfolk Island.
Immigration (Guardianship of Children) Act 1946
225 Section 4
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
226 After section 4AAB
Insert:
4AAC Norfolk Island
This Act extends to Norfolk Island.
Industrial Chemicals (Notification and Assessment) Act 1989
227 Section 9
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Insurance Acquisitions and Takeovers Act 1991
228 Subsection 18(3)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
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International War Crimes Tribunals Act 1995
229 Section 4 (note at the end of the definition of magistrate)
Omit “, the Northern Territory and Norfolk Island”, substitute “and the
Northern Territory”.
230 Section 5
Omit “(other than section 6)”.
231 Section 5
Omit “, the Northern Territory and Norfolk Island”, substitute “and the
Northern Territory”.
232 Subsection 82(6)
Repeal the subsection.
Judiciary Act 1903
233 Section 48
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
234 Subsection 55N(2)
Omit “or of Norfolk Island (as the case requires)”.
235 Paragraph 55N(2)(a)
Omit “or Norfolk Island”.
236 Paragraph 55N(2)(b)
Omit “or of Norfolk Island”.
237 Paragraph 55N(2)(d)
Omit “or of Norfolk Island”.
238 Subparagraph 55N(2)(e)(i)
Omit “or Norfolk Island”.
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239 Subparagraph 55N(2)(e)(ii)
Omit “or of Norfolk Island”.
240 Paragraph 55N(2)(f)
Omit “or of Norfolk Island”.
241 Paragraph 55N(2)(g)
Omit “or Norfolk Island” (wherever occurring).
242 Subsection 55N(5) (definition of Territory)
Omit “, the Northern Territory or Norfolk Island”, substitute “or the
Northern Territory”.
243 Subsection 55ZF(3) (subparagraph (b)(ii) of the definition of Commonwealth legal work)
Omit “, the Northern Territory or Norfolk Island”, substitute “or the
Northern Territory”.
Lands Acquisition Act 1989
244 Section 6 (subparagraph (a)(ii) of the definition of Commonwealth authority)
Omit “or”, substitute “and”.
245 Section 6 (subparagraph (a)(iii) of the definition of Commonwealth authority)
Repeal the subparagraph.
Marine Navigation Levy Collection Act 1989
246 Section 4
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
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Marine Navigation (Regulatory Functions) Levy Collection
Act 1991
247 Section 4
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Marriage Act 1961
248 Subsection 92(6)
Omit “or Norfolk Island”.
Migration Act 1958
249 Subsection 5(1) (definition of adjacent area)
After “Northern Territory,”, insert “of Norfolk Island,”.
250 Paragraph 5AA(3)(b)
Repeal the paragraph, substitute:
(b) is a non-citizen who:
(i) holds and produces a passport that is in force; and
(ii) is ordinarily resident on Norfolk Island; or
251 Subsection 7(1)
After “means”, insert “Norfolk Island,”.
252 Paragraph 42(2A)(b)
Repeal the paragraph.
253 Subparagraph 42(2A)(e)(v)
Omit “non-citizen; or”, substitute “non-citizen.”.
254 Paragraph 42(2A)(f)
Repeal the paragraph.
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255 Subsection 3(1) (paragraph (b) of the definition of Magistrate)
Repeal the paragraph.
256 Subsection 3(1) (paragraph (c) of the definition of Magistrate)
Omit “(other than Norfolk Island)”.
257 Subsection 19(4)
Omit “, of each of the States and of Norfolk Island”, substitute “and of
each of the States”.
258 Subsection 21(2)
Omit “, of each of the States and of Norfolk Island”, substitute “and of
each of the States”.
259 Section 39 (heading)
Repeal the heading, substitute:
39 Arrangements with Governors of States
260 Subsections 39(2A) and (2B)
Repeal the subsections.
National Blood Authority Act 2003
261 Section 3
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
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262 Section 3 (after paragraph (b) of the definition of covered Territories)
Insert:
(ba) Norfolk Island;
263 Section 6
Omit “except Norfolk Island”.
National Environment Protection Council Act 1994
264 Section 4
Omit “, of the Northern Territory, and of Norfolk Island”, substitute
“and of the Northern Territory”.
National Health Act 1953
265 Section 6A
After “extends to”, insert “Norfolk Island, to”.
266 Subsection 84(1) (paragraph (d) of the definition of Commonwealth officer)
Repeal the paragraph.
267 Subsection 84(1)
Insert:
Territory includes an external Territory to which this Act extends.
268 After subsection 84(3A)
Insert:
(3AA) A reference in this Part to the governing body, in relation to a
public hospital on Norfolk Island, is a reference to the person or
body specified in the regulations.
269 Paragraph 107(2)(a)
After “Australian Capital Territory”, insert “and Norfolk Island”.
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270 Subsection 133(1)
After “internal Territory,”, insert “of Norfolk Island,”.
271 Subsection 135(2)
After “includes”, insert “Norfolk Island,”.
National Health Security Act 2007
272 Subsection 4(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
273 Subsection 7(1)
Omit “, the Northern Territory and Norfolk Island”, substitute “and the
Northern Territory”.
274 Subparagraphs 19(2)(a)(i) to (iv)
Omit “, the Northern Territory or Norfolk Island”, substitute “or the
Northern Territory”.
275 Subparagraphs 23(1)(b)(i) to (iv)
Omit “, the Northern Territory or Norfolk Island”, substitute “or the
Northern Territory”.
National Residue Survey Administration Act 1992
276 Section 3
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
National Transmission Network Sale Act 1998
277 Subsection 4(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
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Native Title Act 1993
278 Section 5
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Olympic Insignia Protection Act 1987
279 Section 3
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Ombudsman Act 1976
280 Subsection 3(1) (at the end of paragraphs (a) and (b) of the definition of enactment)
Add “or”.
281 Subsection 3(1) (paragraph (c) of the definition of enactment)
After “Ordinance”, insert “of Norfolk Island,”.
282 Subsection 3(1) (at the end of paragraph (c) of the definition of enactment)
Add “or”.
283 Subsection 3(1) (paragraph (e) of the definition of enactment)
After “in force in”, insert “Norfolk Island,”.
284 Subsection 3(1) (definition of enactment)
Omit “the Norfolk Island Act 1979,”.
285 Subsection 3(1) (definition of enactment)
Omit “of Norfolk Island or”.
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286 Subsection 3(1) (definition of enactment of Norfolk Island)
Repeal the definition.
287 Paragraph 4(2)(c)
Omit “enactment; or”, substitute “enactment.
288 Paragraph 4(2)(d)
Repeal the paragraph.
289 Subsection 4(6)
Repeal the subsection.
290 Subparagraph 5(2)(c)(i)
After “Australian Capital Territory,”, insert “Norfolk Island,”.
291 After subsection 5(6)
Insert:
(6A) The Ombudsman is not authorised to investigate action taken under
a law of New South Wales, in its application in Norfolk Island by
virtue of the Norfolk Island Act 1979, by a person employed by
New South Wales.
(6B) The reference in subsection (6A) to a person employed by New
South Wales includes a reference to:
(a) a person occupying, or acting in, an office or position under a
law of New South Wales; and
(b) a person employed by a body established by or under a law
of New South Wales.
292 Subparagraph 19C(5)(c)(i)
After “Australian Capital Territory,”, insert “Norfolk Island,”.
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Ozone Protection and Synthetic Greenhouse Gas
Management Act 1989
293 Subsection 5(1)
Omit “, of an internal Territory that has been established as a body
politic and of Norfolk Island”, substitute “and of an internal Territory
that has been established as a body politic”.
294 Subsection 5(2)
Omit “, of an internal Territory or of Norfolk Island”, substitute “or of
an internal Territory”.
Paid Parental Leave Act 2010
295 At the end of Division 1 of Part 1-1
Add:
3AA Norfolk Island
This Act extends to Norfolk Island.
296 Section 6 (definition of Australia)
After “includes”, insert “Norfolk Island,”.
297 After paragraph 101(5)(e)
Insert:
(ea) whether the employer has, or is alleged to have, contravened
a provision of the Employment Act 1988 (Norfolk Island);
Patents Act 1990
298 Subsection 11(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
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Privacy Act 1988
299 Subsection 4(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
300 Subsections 4(2) and (3)
Omit “, of the Northern Territory or of Norfolk Island”, substitute “or of
the Northern Territory”.
301 Subsection 6(1) (definition of Commonwealth contract)
Omit “, Norfolk Island”.
302 Subsection 6(1) (definition on Commonwealth officer)
Omit “or of Norfolk Island”.
303 Subsection 6(1) (paragraphs (d) and (f) of the definition of Norfolk Island agency)
Repeal the paragraphs.
304 Subparagraphs 6C(3)(d)(iv) and (f)(iv)
Repeal the subparagraphs.
305 Section 37 (table item 5C)
Repeal the item.
Private Health Insurance Act 2007
306 At the end of Division 1 of Part 1-1
Add:
1-15 Extension to Norfolk Island
This Act extends to Norfolk Island.
307 Subsection 34-25(1)
Omit “and (4)”, substitute “, (4) and (4A)”.
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308 After subsection 34-25(4)
Insert:
Person living on Norfolk Island at the final transition time
(4A) If:
(a) a person was living on Norfolk Island at the final transition
time (within the meaning of the Norfolk Island Act 1979);
and
(b) the person had turned 31 before that time;
the person’s lifetime health cover base day is the first day after the
end of the 12-month period that began at that time.
(4B) If:
(a) a person is living on Norfolk Island at the final transition
time (within the meaning of the Norfolk Island Act 1979);
and
(b) the person turns 31 at or after that time;
the person’s lifetime health cover base day is whichever is the later
of the following:
(c) the 1 July after the person turns 31;
(d) the first day after the 12-month period that began at that time.
309 Paragraph 34-30(1)(a)
Repeal the paragraph, substitute:
(a) a person who lived on Norfolk Island before the final
transition time (within the meaning of the Norfolk Island Act
1979) is taken, while the person was living on Norfolk Island
before that time, to have been overseas; and
310 Clause 1 of Schedule 1
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
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Product Grants and Benefits Administration Act 2000
311 Section 4
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Productivity Commission Act 1998
312 Subsection 4(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Product Stewardship (Oil) Act 2000
313 Section 5
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Protection of Movable Cultural Heritage Act 1986
314 Section 4
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Protection of the Sea (Oil Pollution Compensation Funds)
Act 1993
315 Subsection 4(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Public Works Committee Act 1969
316 Subsection 6(2)
Repeal the subsection, substitute:
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(2) This Act does not extend to a work if:
(a) the work is proposed to be carried out by or for the Northern
Territory; and
(b) money of the Northern Territory is proposed to be expended
by that Territory in carrying out the work.
Radiocommunications Act 1992
317 Subsections 311(1) and (2)
Omit “, the Northern Territory or Norfolk Island”, substitute “or the
Northern Territory”.
Remuneration Tribunal Act 1973
318 Paragraph 3(4)(jaa)
Repeal the paragraph.
Sex Discrimination Act 1984
319 Subsection 12(1)
Omit “and of Norfolk Island”.
320 Subsection 12(2)
Omit “, of a State or of Norfolk Island”, substitute “or of a State”.
Small Superannuation Accounts Act 1995
321 Section 5
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Social Security Act 1991
322 At the end of Part 1.1
Add:
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3AA Norfolk Island
This Act extends to Norfolk Island.
324 After subsection 7(3)
Insert:
(3A) For the purposes of determining, under subsections (2A) to (2D),
whether a person is a protected SCV holder, Australia is taken, at
all relevant times, to have included Norfolk Island.
325 Subsection 7(4)
Omit all the words after paragraph (e), substitute “residence of a
claimant in an external Territory is taken to be residence in Australia”.
326 Paragraph 10B(3)(d)
Omit “(except Norfolk Island)”.
327 Subsection 14(1) (at the end of paragraph (ab) of the definition of remote area)
Add “and”.
328 Subsection 14(1) (after paragraph (ab) of the definition of remote area)
Insert:
(ac) Norfolk Island; and
329 Subsection 23(1) (definition of Australia)
After “includes”, insert “Norfolk Island,”.
330 Subsection 23(1) (definition of external Territory)
After “include”, insert “Norfolk Island,”.
331 Subsection 592L(7) (definition of regional or remote location)
Repeal the definition, substitute:
regional or remote location means:
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(a) a location categorised as Inner Regional Australia, Outer
Regional Australia, Remote Australia or Very Remote
Australia, under the Remoteness Structure as defined in
subsection 1067A(10F); or
(b) Norfolk Island.
332 Paragraph 1067A(10E)(a)
Repeal the paragraph, substitute:
(a) the person’s family home is:
(i) in a location categorised under the Remoteness
Structure as Inner Regional Australia, Outer Regional
Australia, Remote Australia or Very Remote Australia;
or
(ii) on Norfolk Island; and
333 Section 1162
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Social Security (Administration) Act 1999
334 At the end of Part 1
Add:
6B Norfolk Island
This Act extends to Norfolk Island.
Social Security (International Agreements) Act 1999
335 At the end of Part 1
Add:
4A Norfolk Island
This Act extends to Norfolk Island.
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Student Assistance Act 1973
336 Subsection 3(1)
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island, the Territory of Cocos (Keeling) Islands and the Territory
of Christmas Island.
337 Section 5A
After “extends to”, insert “Norfolk Island, to”.
Superannuation Contributions Tax (Assessment and
Collection) Act 1997
338 Subsection 3(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Superannuation Contributions Tax (Members of
Constitutionally Protected Superannuation Funds)
Assessment and Collection Act 1997
339 Subsection 3(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Superannuation (Self Managed Superannuation Funds)
Taxation Act 1987
340 Subsection 3A(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
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341 Subsection 3A(2)
Omit “, of the Northern Territory or of Norfolk Island”, substitute “or of
the Northern Territory”.
Superannuation (Unclaimed Money and Lost Members) Act
1999
342 Subsection 4(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Telecommunications Act 1997
343 Subsection 8(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
344 Subsection 592(1)
Omit “, the Australian Capital Territory or Norfolk Island”, substitute
“or the Australian Capital Territory”.
Telstra Corporation Act 1991
345 Section 7
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Tobacco Advertising Prohibition Act 1992
346 Subsection 5(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
347 Subsection 15(3)
Omit “, the Northern Territory or Norfolk Island”, substitute “or the
Northern Territory”.
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Tobacco Plain Packaging Act 2011
348 Subsection 9(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Trade Marks Act 1995
349 Subsection 3(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Trusts (Hague Convention) Act 1991
350 Section 5
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
Veterans’ Entitlements Act 1986
351 Subsection 5Q(1) (definition of Australia)
After “IIID,”, insert “IIIE, VIB,”.
352 Subparagraphs 38(1)(aa)(iii) and (1)(e)(ii)
Omit “, or would be so qualified if, in spite of subsection 7(4) of that
Act, residence of a person in Norfolk Island was taken to be residence
of the person in Australia”.
353 Section 59ZM
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
354 Subsection 128(6)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
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Weapons of Mass Destruction (Prevention of Proliferation)
Act 1995
355 Subsection 8(1)
Omit “, of the Northern Territory and of Norfolk Island”, substitute
“and of the Northern Territory”.
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Part 2—Transitional provisions
Division 1—Introduction
356 Definitions
In this Part:
Administration has the same meaning as in the Norfolk Island Act 1979
as in force immediately before the final transition time.
asset means:
(a) any legal or equitable estate or interest in real or personal
property, whether actual, contingent or prospective; and
(b) any right, power, privilege or immunity, whether actual,
contingent or prospective.
assets official, in relation to an asset other than land, means the person
or authority who:
(a) under a law of the Commonwealth, a State or a Territory; or
(b) under a trust instrument; or
(c) otherwise;
has responsibility for keeping a register in relation to assets of the kind
concerned.
land means any legal or equitable estate or interest in real property,
whether actual, contingent or prospective.
land registration official, in relation to land, means the Registrar of
Titles or other proper officer of the State or Territory in which the land
is situated.
liability means any liability, duty or obligation, whether actual,
contingent or prospective.
final transition time means the commencement of Part 1 of this
Schedule.
Norfolk Island Regional Council has the same meaning as in the
Norfolk Island Act 1979 as amended by Part 1 of this Schedule. For this
purpose, assume that:
(a) that definition had commenced immediately before the final
transition time; and
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(b) an Ordinance made for the purposes of that definition before
the final transition time in accordance with section 4 of the
Acts Interpretation Act 1901 had commenced immediately
before the final transition time.
responsible Commonwealth Minister has the same meaning as in the
Norfolk Island Act 1979.
transitional rules means rules made under item 357.
Division 2—Transitional rules
357 Transitional rules
(1) The responsible Commonwealth Minister may, by legislative
instrument, make rules (transitional rules) prescribing matters of a
transitional nature (including prescribing any saving or application
provisions) relating to the amendments or repeals made by Part 1
of this Schedule.
(2) To avoid doubt, the transitional rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated
Revenue Fund under an appropriation in this Act;
(e) amend this Act.
Division 3—Transfer of assets and liabilities
358 Vesting of assets of the Administration
(1) This item applies to an asset of the Administration immediately before
the final transition time.
(2) Subject to subitem (3), the following provisions have effect:
(a) at the final transition time, the asset ceases to be an asset of
the Administration and becomes an asset of the Norfolk
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Island Regional Council without any conveyance, transfer or
assignment;
(b) the Norfolk Island Regional Council becomes the successor
in law in relation to the asset.
(3) The transitional rules may provide that:
(a) subitem (2) does not apply to one or more specified assets;
and
(b) at the final transition time, the specified assets cease to be
assets of the Administration and become assets of the
Commonwealth without any conveyance, transfer or
assignment; and
(c) the Commonwealth becomes the successor in law in relation
to the specified assets.
359 Vesting of liabilities of the Administration
(1) This item applies to a liability of the Administration immediately before
the final transition time.
(2) Subject to subitem (3), the following provisions have effect:
(a) at the final transition time, the liability ceases to be a liability
of the Administration 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.
(3) The transitional rules may provide that:
(a) subitem (2) does not apply to one or more specified
liabilities; and
(b) at the final transition time, the specified liabilities cease to be
liabilities of the Administration and become liabilities of the
Commonwealth without any conveyance, transfer or
assignment; and
(c) the Commonwealth becomes the successor in law in relation
to the specified liabilities.
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360 Transfers of land to the Norfolk Island Regional Council may be registered
(1) This item applies if:
(a) any land vests in the Norfolk Island Regional Council under
item 358; and
(b) there is lodged with a land registration official a certificate
that:
(i) is signed by the responsible Commonwealth Minister;
and
(ii) identifies the land, whether by reference to a map or
otherwise; and
(iii) states that the land has become vested in the Norfolk
Island Regional Council under this Schedule.
(2) The land registration official may:
(a) register the matter in a way that is the same as, or similar to,
the way in which dealings in land of that kind are registered;
and
(b) deal with, and give effect to, the certificate.
(3) A certificate under paragraph (1)(b) is not a legislative instrument.
361 Transfers of land to the Commonwealth may be registered
(1) This item applies if:
(a) any land vests in the Commonwealth under the transitional
rules; and
(b) there is lodged with a land registration official a certificate
that:
(i) is signed by the responsible Commonwealth Minister;
and
(ii) identifies the land, whether by reference to a map or
otherwise; and
(iii) states that the land has become vested in the
Commonwealth under the transitional rules.
(2) The land registration official may:
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(a) register the matter in a way that is the same as, or similar to,
the way in which dealings in land of that kind are registered;
and
(b) deal with, and give effect to, the certificate.
(3) A certificate under paragraph (1)(b) is not a legislative instrument.
362 Certificates relating to vesting of assets (other than land) in the Norfolk Island Regional Council
(1) This item applies if:
(a) any asset other than land vests in the Norfolk Island Regional
Council under item 358; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the responsible Commonwealth Minister;
and
(ii) identifies the asset; and
(iii) states that the asset has become vested in the Norfolk
Island Regional Council under this Schedule.
(2) The assets official may:
(a) deal with, and give effect to, the certificate as if it were a
proper and appropriate instrument for transactions in relation
to assets of that kind; and
(b) make such entries in the register as are necessary having
regard to the effect of this Part.
(3) A certificate under paragraph (1)(b) is not a legislative instrument.
363 Certificates relating to vesting of assets (other than land) in the Commonwealth
(1) This item applies if:
(a) any asset other than land vests in the Commonwealth under
the transitional rules; and
(b) there is lodged with an assets official a certificate that:
(i) is signed by the responsible Commonwealth Minister;
and
(ii) identifies the asset; and
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(iii) states that the asset has become vested in the
Commonwealth under the transitional rules.
(2) The assets official may:
(a) deal with, and give effect to, the certificate as if it were a
proper and appropriate instrument for transactions in relation
to assets of that kind; and
(b) make such entries in the register as are necessary having
regard to the effect of this Part.
(3) A certificate under paragraph (1)(b) is not a legislative instrument.
Division 4—Transfer of other matters
364 Transitional—acts of the Administration to be attributed to the Norfolk Island Regional Council or the Commonwealth
(1) This item applies to a thing done by, or in relation to, the
Administration before the final transition time.
(2) The transitional rules may provide that, after the final transition time, a
specified thing has effect as if it had been done by, or in relation to, the
Norfolk Island Regional Council.
(3) The transitional rules may provide that, after the final transition time, a
specified thing has effect as if it had been done by, or in relation to, the
Commonwealth.
365 Substitution of the Norfolk Island Regional Council or the Commonwealth as a party to certain pending proceedings
(1) This item applies if any proceedings to which the Administration was a
party were pending in any court or tribunal immediately before the final
transition time.
(2) The transitional rules may provide that the Norfolk Island Regional
Council is substituted for the Administration, from the final transition
time, as a party to specified proceedings.
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(3) The transitional rules may provide that the Commonwealth is
substituted for the Administration, from the final transition time, as a
party to specified proceedings.
366 Transitional—transfer of records to the Norfolk Island Regional Council or the Commonwealth
(1) This item applies to any records or documents that were in possession
of the Administration or the Norfolk Island Advisory Council
immediately before the final transition time.
(2) Subject to subitem (3), the records and documents are to be transferred
to the Norfolk Island Regional Council after the final transition time.
(3) The transitional rules may provide that:
(a) subitem (2) does not apply to specified records and
documents; and
(b) the specified records and documents are to be transferred to
the Commonwealth after the final transition time.
(4) If:
(a) as a result of subitem (2) or (3), an APP entity holds personal
information about an individual that was collected for a
particular purpose; and
(b) the individual would reasonably expect the agency or
organisation that collected the information to use or disclose
the information for a particular purpose;
Australian Privacy Principle 6 has effect as if the individual would
reasonably expect the APP entity to use or disclose the information for
the purpose mentioned in paragraph (b).
(5) In this item:
agency has the same meaning as in the Privacy Act 1988.
APP entity has the same meaning as in the Privacy Act 1988.
organisation has the same meaning as in the Privacy Act 1988.
personal information has the same meaning as in the Privacy Act 1988.
367 References in certain instruments to the Administration
(1) If:
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(a) an instrument was in force immediately before the final
transition time; and
(b) a reference is made in the instrument to the Administration;
and
(c) the instrument is an instrument covered by one or more of the
following subparagraphs:
(i) an instrument that was made by the Administration;
(ii) an instrument to which the Administration was a party;
(iii) an instrument that was given to, or in favour of, the
Administration;
(iv) an instrument under which any right or liability accrues
or may accrue to the Administration;
(v) any other instrument in which a reference is made to the
Administration;
the transitional rules may provide that the reference has effect after the
final transition time as if the reference to the Administration were a
reference to the Norfolk Island Regional Council.
(2) If:
(a) an instrument was in force immediately before the final
transition time; and
(b) a reference is made in the instrument to the Administration;
and
(c) the instrument is an instrument covered by one or more of the
following subparagraphs:
(i) an instrument that was made by the Administration;
(ii) an instrument to which the Administration was a party;
(iii) an instrument that was given to, or in favour of, the
Administration;
(iv) an instrument under which any right or liability accrues
or may accrue to the Administration;
(v) any other instrument in which a reference is made to the
Administration;
the transitional rules may provide that the reference has effect after the
final transition time as if the reference to the Administration were a
reference to the Commonwealth.
(3) In this item:
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exempt instrument means:
(a) an Act; or
(b) an instrument made under this Act; or
(c) an enactment (within the meaning of the Norfolk Island Act
1979).
instrument:
(a) includes:
(i) a contract, deed, undertaking or agreement; and
(ii) a notice, authority, order or instruction; and
(iii) an instrument made under an Act or under regulations;
but
(b) does not include an exempt instrument.
Division 5—Employees
368 Transfer of employees
(1) For the purposes of this item, a person is a transferring employee if the
person was employed by the Administration immediately before the
final transition time.
(2) At the final transition time, the transferring employee:
(a) ceases to be an employee of the Administration; and
(b) becomes an employee of the Norfolk Island Regional
Council.
(3) A transferring employee who becomes an employee of the Norfolk
Island Regional Council under subitem (2) is taken to have been
engaged by the Norfolk Island Regional Council on the same terms and
conditions as those that applied to the transferring employee,
immediately before the final transition time, as an employee of the
Administration.
(4) This item does not prevent the terms and conditions of a transferring
employee’s employment after the final transition time from being
varied:
(a) in accordance with those terms and conditions; or
(b) by or under a law, award, determination or agreement.
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(5) A transferring employee is not entitled to receive any payment or other
benefit merely because he or she stopped being an employee of the
Administration as a result of this item.
(6) In this item:
vary, in relation to terms and conditions, includes:
(a) omit any of those terms and conditions; or
(b) add to those terms and conditions; or
(c) substitute new terms or conditions for any of those terms and
conditions.
369 Accrued entitlements
(1) This item applies to a person if:
(a) the person was employed by the Administration immediately
before the final transition time; and
(b) at the final transition time, the person becomes an employee
of the Norfolk Island Regional Council or the
Commonwealth.
(2) The person is taken to have accrued an entitlement to benefits, in
connection with the person’s employment with the Norfolk Island
Regional Council or the Commonwealth, as the case may be, that is
equivalent to the entitlement that the person had as an employee of the
Administration immediately before the final transition time.
(3) The service of the person as an employee of the Administration is taken,
for all purposes, to have been continuous with his or her service as an
employee of the Norfolk Island Regional Council or the
Commonwealth, as the case may be.
Division 6—Visas
370 Visas
(1) The transitional rules may provide that if, immediately before the final
transition time, a person held a specified type of permit granted under
the Immigration Act 1980 (Norfolk Island), the person is taken to have
been granted a specified type of visa under the Migration Act 1958
immediately after the final transition time.
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(2) The transitional rules may provide that if, immediately before the final
transition time, a person was in specified circumstances, the person is
taken to have been granted a specified type of visa under the Migration
Act 1958 immediately after the final transition time.
Division 7—Social security
371 Definitions
In this Division:
social security payment has the same meaning as in the Social Security
Act 1991.
372 Eligibility for social security payment and concession card
The amendments of the Social Security Act 1991 made by Part 1 of this
Schedule, so far as they relate to:
(a) qualification for, and payability of, a social security payment
in respect of a period; or
(b) qualification for a concession card in respect of a period;
apply in relation to a period that began at or after the final transition
time.
373 Australian residence
(1) This item applies in relation to:
(a) qualification for, and payability of, a social security payment
in respect of a period; or
(b) qualification for a concession card in respect of a period;
if the period began at or after the final transition time.
(2) For the purposes of the following provisions of the Social Security Act
1991:
(a) subsection 7(2) (Australian resident);
(b) subsection 7(5) (qualifying Australian residence);
(c) Part 2.2 (age pension);
(d) Part 2.3 (disability support pension);
(e) Part 2.7 (bereavement allowance);
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(f) Part 2.8 (widow B pension);
(g) Part 2.10 (parenting payment);
(h) Part 2.11 (youth allowance);
(i) Part 2.12 (newstart allowance);
residence of a claimant on Norfolk Island before the final transition
time is taken to have been residence in Australia.
374 Death of child before final transition time
(1) This item applies to the following provisions of the Social Security Act
1991 (as amended by Part 1 of this Schedule):
(a) section 512;
(b) section 567G;
(c) section 660M;
(d) section 992J;
(e) section 992L;
(f) point 1064-H7;
(g) point 1065-E6;
(h) point 1066-H6;
(i) point 1066A-I6;
(j) point 1066B-F6;
(k) point 1067G-K9;
(l) point 1067L-F9;
(m) point 1068-J9;
(n) point 1068B-G6.
(2) The provisions do not apply in relation to the death of a child if:
(a) immediately before his or her death, the child was ordinarily
resident on Norfolk Island; and
(b) the death occurred before the final transition time.
375 Newly arrived resident’s waiting period
For the purposes of the Social Security Act 1991, a newly arrived
resident’s waiting period is to be determined as if:
(a) residence on Norfolk Island at any time before the final
transition time were residence in Australia; and
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(b) physical presence on Norfolk Island at any time before the
final transition time were physical presence in Australia.
376 Early claims
If:
(a) a claim for a social security payment or concession card was
made during the 8-week period ending at the final transition
time; and
(b) when the claim was made, the claimant was ordinarily
resident on Norfolk Island; and
(c) assuming that the claim had been made immediately after the
final transition time, it would have been in accordance with
Division 1 of Part 3 of the Social Security (Administration)
Act 1999;
the claim is taken to have been made immediately after the final
transition time.
Division 8—Family assistance
377 Definitions
In this Division:
family tax benefit has the same meaning as in the A New Tax System
(Family Assistance) Act 1999.
378 Eligibility for family tax benefit and single income family supplement in respect of periods before final transition time
The amendments of the A New Tax System (Family Assistance) Act
1999 made by Part 1 of this Schedule, so far as they relate to eligibility
for family tax benefit or single income family supplement in respect of
a period, apply in relation to a period that began at or after the final
transition time.
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379 Eligibility for stillborn baby payment
The amendments of the A New Tax System (Family Assistance) Act
1999 made by Part 1 of this Schedule, so far as they relate to eligibility
for a stillborn baby payment in respect of a child, apply in relation to a
child if the child’s delivery occurred at or after the final transition time.
380 Absences of FTB child etc. from Australia before final transition time
(1) If, immediately after the final transition time:
(a) an individual was ordinarily resident on Norfolk Island; and
(b) the individual was absent from Australia;
sections 24, 62 and 63 of the A New Tax System (Family Assistance) Act
1999 (as amended by Part 1 of this Schedule) have effect as if that
absence had begun immediately after the final transition time.
(2) If, immediately after the final transition time:
(a) an individual was ordinarily resident on Norfolk Island; and
(b) the individual was in Australia;
then, for the purposes of sections 24, 62 and 63 of the A New Tax
System (Family Assistance) Act 1999 (as amended by Part 1 of this
Schedule), disregard any absence of the individual from Australia
before the final transition time.
(3) In this item:
Australia has the same meaning as in the A New Tax System (Family
Assistance) Act 1999 (as amended by Part 1 of this Schedule).
381 Early claims
If:
(a) a claim for family tax benefit was made during the 8-week
period ending at the final transition time; and
(b) when the claim was made, the claimant was ordinarily
resident on Norfolk Island; and
(c) assuming that the claim had been made immediately after the
final transition time, it would have been in accordance with
Subdivision A of Division 1 of Part 3 of the A New Tax
System (Family Assistance) (Administration) Act 1999;
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the claim is taken to have been made immediately after the final
transition time.
Division 9—Child support
382 Early claims
(1) If:
(a) an application for administrative assessment of child support
in respect of a child was made during the 8-week period
ending at the final transition time; and
(b) when the application was made:
(i) the applicant was ordinarily resident on Norfolk Island;
or
(ii) the child was ordinarily resident on Norfolk Island; or
(iii) a parent of the child was ordinarily resident on Norfolk
Island; and
(c) assuming that the application had been made immediately
after the final transition time, it would have been in
accordance with Division 1 of Part 4 of the Child Support
(Assessment) Act 1989;
the application is taken to have been made immediately after the final
transition time.
(1A) If:
(a) an application for acceptance by the Registrar of an
agreement made in relation to a child was made during the
8-week period ending at the final transition time; and
(b) when the application was made:
(i) the applicant was ordinarily resident on Norfolk Island;
or
(ii) the child was ordinarily resident on Norfolk Island; or
(iii) a parent of the child was ordinarily resident on Norfolk
Island; and
(c) assuming that the agreement had been entered into and made
at the time (the deemed agreement time) immediately after
the final transition time, the agreement would have been a
child support agreement at the deemed agreement time; and
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(d) assuming that the application had been made immediately
after the deemed agreement time, it would have been in
accordance with Division 3 of Part 6 of the Child Support
(Assessment) Act 1989;
the agreement is taken to have been entered into and made at the
deemed agreement time, and the application is taken to have been made
immediately after the deemed agreement time.
(1B) Subsection 92(3) of the Child Support (Assessment) Act 1989 does not
apply in relation to an agreement and an application taken under
subitem (1A) to have been made in relation to a child if an application
for administrative assessment of child support in respect of the child is
taken under subitem (1) to have been made immediately after the final
transition time.
(1C) Subitems (1), (1A) and (1B) do not apply in relation to:
(a) an application that was properly made under the Child
Support (Assessment) Act 1989 before the final transition
time; or
(b) an agreement that was a child support agreement before the
final transition time.
(2) In this item:
administrative assessment has the same meaning as in the Child
Support (Assessment) Act 1989.
child support agreement has the same meaning as in the Child Support
(Assessment) Act 1989.
child support has the same meaning as in the Child Support
(Assessment) Act 1989.
Registrar has the same meaning as in the Child Support (Assessment)
Act 1989.
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Division 10—Paid parental leave
383 Payability determinations under the Paid Parental Leave Act 2010
(1) The Secretary (within the meaning of the Paid Parental Leave Act
2010) must not make a payability determination under that Act that
parental leave pay is payable to a person for a child if:
(a) the child was born before the final transition time; and
(b) the person was ordinarily resident on Norfolk Island at the
time of the birth.
(2) The Secretary (within the meaning of the Paid Parental Leave Act
2010) must not make a payability determination under that Act that dad
and partner pay is payable to a person for a child if:
(a) the child was born before the final transition time; and
(b) the person was ordinarily resident on Norfolk Island at the
time of the birth.
Division 11—Adjusted taxable income etc.
384 Definitions
In this Division:
designated official means:
(a) in relation to working out a person’s adjusted taxable income
under the Child Support (Assessment) Act 1989—the Child
Support Registrar (within the meaning of that Act); or
(b) in relation to working out a person’s adjusted taxable income
under the Social Security Act 1991—the Secretary (within the
meaning of that Act); or
(c) in relation to working out a person’s taxable income under
the Social Security Act 1991—the Secretary (within the
meaning of that Act); or
(d) in relation to working out a person’s adjusted taxable income
under the Paid Parental Leave Act 2010—the Secretary
(within the meaning of that Act).
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385 Inclusion of tax-exempt Norfolk Island income in working out a person’s adjusted taxable income etc.
(1) This item applies for the purposes of working out:
(a) a person’s adjusted taxable income for a period under a
provision of any of the following Acts:
(i) the Child Support (Assessment) Act 1989;
(ii) the Social Security Act 1991;
(iii) the Paid Parental Leave Act 2010; or
(b) a person’s taxable income for a period under a provision of
the Social Security Act 1991.
(2) A reference in the provision to the person’s taxable income for the
period includes a reference to the person’s tax-exempt Norfolk Island
income for the period as determined under this Division.
386 Determination of tax-exempt Norfolk Island income if information and documents in designated official’s possession are sufficient
Scope
(1) This item applies if the designated official possesses sufficient
information and documents to determine the person’s tax-exempt
Norfolk Island income for the period.
Determination
(2) The designated official may determine, from the information and
documents in the designated official’s possession, an amount to be the
person’s tax-exempt Norfolk Island income for the period.
(3) In determining the person’s tax-exempt Norfolk Island income for the
period, the designated official must have regard only to income that was
exempt from income tax under repealed Division 1A of Part III of the
Income Tax Assessment Act 1936.
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387 Determination of tax-exempt Norfolk Island income if information and documents in designated official’s possession are insufficient
Scope
(1) This item applies if the designated official does not possess sufficient
information and documents to determine the person’s tax-exempt
Norfolk Island income for the period.
Determination
(2) The designated official may determine that the person’s tax-exempt
Norfolk Island income for the period is an amount that the designated
official considers appropriate.
(3) However, if the determination is for the purposes of the Child Support
(Assessment) Act 1989, the amount must be at least two-thirds of the
annualised MTAWE figure for the relevant June quarter.
(4) In this item:
annualised MTAWE figure, for a relevant June quarter, means the
figure that is 52 times the amount set out for the reference period in the
quarter under the headings “Average Weekly Earnings—Trend—
Males—All Employees Total Earnings” in a document published by the
Australian Statistician entitled “Average Weekly Earnings, Australia”.
quarter means a period of 3 months beginning on 1 July, 1 October,
1 January or 1 April.
relevant June quarter, for a period, means the quarter ending on
30 June of the last calendar year ending before the period begins.
388 Obtaining information
(1) Division 1 of Part 5 of the Social Security (Administration) Act 1999
has effect as if this Division, to the extent to which it relates to the
Social Security Act 1991, were a part of the social security law.
(2) Section 161 of the Child Support (Assessment) Act 1989 has effect as if
this Division, to the extent to which it relates to that Act, were a part of
that Act.
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(3) Division 2 of Part 4-1 of the Paid Parental Leave Act 2010 has effect as
if this Division, to the extent to which it relates to that Act, were a part
of that Act.
389 Delegation
(1) Section 234 of the Social Security (Administration) Act 1999 has effect
as if this Division, to the extent to which it relates to the Social Security
Act 1991, were a part of the social security law.
(2) Section 149 of the Child Support (Assessment) Act 1989 has effect as if
this Division, to the extent to which it relates to that Act, were a part of
that Act.
(3) Section 303 of the Paid Parental Leave Act 2010 has effect as if this
Division, to the extent to which it relates to that Act, were a part of that
Act.
390 Review of decisions
(1) Part 4 of the Social Security (Administration) Act 1999 has effect as if
this Division, to the extent to which it relates to the Social Security Act
1991, were a part of the social security law.
(2) Section 80 of the Child Support (Registration and Collection) Act 1988
applies to a determination under this Division for the purposes of a
provision of the Child Support (Assessment) Act 1989 as if the table in
subsection 80(1) of that Act included a table item allowing:
(a) the carer entitled to child support (within the meaning of that
Act); or
(b) the liable parent (within the meaning of that Act);
to lodge an objection to the determination.
(3) Chapter 5 of the Paid Parental Leave Act 2010 has effect as if this
Division, to the extent to which it relates to that Act, were a part of that
Act.
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Division 12—Extradition
391 Arrangements with the Australian Capital Territory
(1) This item applies to an arrangement between the Governor-General and
the Chief Minister of the Australian Capital Territory if the
arrangement:
(a) was made under subsection 46(1) of the Extradition Act 1988
(as modified by the A.C.T. Self-Government (Consequential
Provisions) Regulations); and
(b) was in force immediately before the final transition time.
(2) The arrangement has effect, after the final transition time, as if it had
been made under subsection 46(1) of the Extradition Act 1988 as
amended by this Act.
Division 13—Other matters
392 Exemption from stamp duty and other State or Territory taxes
(1) No stamp duty or other tax is payable under a law of a State or a
Territory in respect of an exempt matter, or anything connected with an
exempt matter.
(2) For the purposes of this item, an exempt matter is:
(a) the vesting of an asset or liability under this Part; or
(b) the operation of this Part in any other respect; or
(c) the vesting of an asset or liability under the transitional rules;
or
(d) the operation of the transitional rules in any other respect.
(3) The responsible Commonwealth Minister may certify in writing:
(a) that a specified matter is an exempt matter; or
(b) that a specified thing was connected with a specified exempt
matter.
(4) In all courts, and for all purposes (other than for the purposes of
criminal proceedings), a certificate under subitem (3) is prima facie
evidence of the matters stated in the certificate.
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393 Constitutional safety net
(1) If the operation of the transitional rules or this Part would result in an
acquisition of property (within the meaning of paragraph 51(xxxi) of
the Constitution) from a person otherwise than on just terms (within the
meaning of that paragraph), the Commonwealth is liable to pay a
reasonable amount of compensation to the person.
(2) If the Commonwealth and the person do not agree on the amount of the
compensation, the person may institute proceedings in a court of
competent jurisdiction for the recovery from the Commonwealth of
such reasonable amount of compensation as the court determines.
394 Constitutional limits
This Part has no effect to the extent (if any) to which it imposes
taxation.
395 Certificates taken to be authentic
A document that appears to be a certificate made or issued under a
particular provision of this Part:
(a) is taken to be such a certificate; and
(b) is taken to have been properly given;
unless the contrary is established.
396 Power to make Ordinances
This Part does not, by implication, limit the matters that may be dealt
with by Ordinances under section 19A of the Norfolk Island Act 1979.
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Statistical information Schedule 3
Schedule 3—Statistical information
Census and Statistics Act 1905
1 Section 2
Omit “, other than Part III,”.
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Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
Norfolk Island Legislation Amendment Act 2015
Compilation No. 1 Compilation date: 24/3/16 Registered: 6/6/16
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Endnotes
Endnote 1—About the endnotes
be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
abbreviation “(md not incorp)” is added to the details of the amendment
included in the amendment history.
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Endnotes
Endnote 2—Abbreviation key
Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)C[x] = Compilation No. x
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
commenced or to be commencedNo. = Number(s)
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Endnotes
Endnote 3—Legislation history
Endnote 3—Legislation history
Number and year Registration Commencement Application, saving
and transitional
provisions
Norfolk Island
Legislation Amendment
Act 2015
Territories Legislation
Amendment Act 2016
28 May 2015
23 Mar 2016
s 1–4: 26 May 2015
(s 2(1) item 1)
Sch 1 (Pt 1) and Sch 2
(Pt 2): 18 June 2015
(s 2(1) items 2, 6)
Sch 1 (Pt 2) and Sch 3:
27 May 2015 (s 2(1)
items 3, 7)
Sch 1 (Pt 3): 5 Mar
2016 (s 2(1) item 4)
Sch 2 (Pt 1): 1 July
2016 (s 2(1) item 5)
Sch 1, Sch 2 and Sch 6:
24 Mar 2016 (s 2(1)
items 2, 8)
—
—
Norfolk Island Legislation Amendment Act 2015
Compilation No. 1 Compilation date: 24/3/16 Registered: 6/6/16
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Authorised Version C2016C00568 registered 06/06/2016
Endnotes
Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected How affected
Schedule 2
Part 1
c 17 ................................................am No 33, 2016
c 323 ..............................................rep No 33, 2016
Part 2
c 381 ..............................................am No 33, 2016
c 382 ..............................................am No 33, 2016
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