Territories Law Reform Act 2010
Act No. 139 of 2010 as amended
This compilation was prepared on 5 October 2012
taking into account amendments up to Act No. 136 of 2012
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Parliamentary Counsel, Canberra
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Contents 1 Short title [see Note 1].......................................................................1
2 Commencement .................................................................................1
3 Schedule(s) ........................................................................................2
Schedule 1—Amendments relating to Norfolk Island 3
Part 1—General amendments 3
Division 1—Amendment of the Norfolk Island Act 1979 3
Norfolk Island Act 1979 3
Division 2—Consequential amendments 18
Aboriginal and Torres Strait Islander Heritage Protection Act 1984 18
Environment Protection and Biodiversity Conservation Act 1999 18
Freedom of Information Act 1982 18
Hazardous Waste (Regulation of Exports and Imports) Act 1989 19
Historic Shipwrecks Act 1976 19
International Criminal Court Act 2002 19
International Transfer of Prisoners Act 1997 19
National Health Security Act 2007 20
Privacy Act 1988 20
Remuneration Tribunal Act 1973 20
Part 2—Amendments relating to elections 21
Division 1—Dates for elections 21
Norfolk Island Act 1979 21
Division 2—Other matters 21
Norfolk Island Act 1979 21
Part 3—Amendments relating to finance 23
Norfolk Island Act 1979 23
Part 4—Amendments relating to the Administrative Appeals
Tribunal 48
Administrative Appeals Tribunal Act 1975 48
Part 5—Amendments relating to freedom of information 54
Freedom of Information Act 1982 54
Part 6—Amendments relating to the Ombudsman 71
Norfolk Island Act 1979 71
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Ombudsman Act 1976 71
Part 7—Amendments relating to privacy 73
Australian Capital Territory Government Service (Consequential
Provisions) Act 1994 73
Privacy Act 1988 73
Schedule 2—Amendments relating to Christmas Island 83
Christmas Island Act 1958 83
Schedule 3—Amendments relating to the Cocos (Keeling)
Islands 87
Cocos (Keeling) Islands Act 1955 87
Notes 91
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An Act to amend the law relating to Norfolk Island,
Christmas Island and the Cocos (Keeling) Islands,
and for other purposes
1 Short title [see Note 1]
This Act may be cited as the Territories Law Reform Act 2010.
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
Provision(s) Commencement Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent. 10 December
2010
2. Schedule 1,
Part 1
3. Schedule 1,
Part 2
The day after this Act receives the Royal
Assent.
The start of the first meeting of the
Legislative Assembly of Norfolk Island held
after the first general election of the
Legislative Assembly that occurs after the
day this Act receives the Royal Assent.
The Minister must announce by notice in the
Gazette the time of the start of the first
meeting of the Legislative Assembly of
Norfolk Island held after the first general
election of the Legislative Assembly that
occurs after the day this Act receives the
Royal Assent.
The notice is not a legislative instrument.
11 December
2010
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Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
4. Schedule 1,
Part 3
The day after this Act receives the Royal
Assent.
11 December
2010
5. Schedule 1,
Part 4
1 January 2011. 1 January 2011
6. Schedule 1,
items 155 to 175
1 January 2011. 1 January 2011
7. Schedule 1,
items 176 to 182
Immediately after the commencement of
item 3 of Schedule 2 to the Freedom of
Information Amendment (Reform) Act 2010.
1 May 2011
8. Schedule 1,
items 183 to 239
1 January 2011. 1 January 2011
9. Schedule 1,
Part 6
A single day to be fixed by Proclamation.
However, if any of the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
10. Schedule 1, 1 January 2011. 1 January 2011
Part 7
11. Schedules 2 The day after this Act receives the Royal 11 December
and 3 Assent. 2010
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in Column 3 of the table is not part of this Act.
Information may be inserted in this column, or information in it
may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect
according to its terms.
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Amendments relating to Norfolk Island Schedule 1
General amendments Part 1
Schedule 1—Amendments relating to Norfolk Island
Part 1—General amendments
Division 1—Amendment of the Norfolk Island Act 1979
Norfolk Island Act 1979
1 Subsection 4(1)
Insert:
Chief Minister means the Chief Minister appointed under
section 13.
2 Subsection 4(1)
Insert:
Commonwealth Finance Minister means the Commonwealth
Minister who administers the Financial Management and
Accountability Act 1997.
3 Subsection 4(1)
Insert:
Commonwealth Gazette means the Commonwealth of Australia
Gazette.
4 Subsection 4(1)
Insert:
Commonwealth Minister means a Minister of State of the
Commonwealth.
5 Subsection 4(1) (definition of executive member)
Repeal the definition.
6 Subsection 4(1) (definition of executive office)
Repeal the definition.
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7 Subsection 4(1) (definition of Finance Minister)
Repeal the definition.
8 Subsection 4(1)
Insert:
Minister means:
(a) the Chief Minister; or
(b) a Minister appointed under section 13.
9 Subsection 4(1)
Insert:
Minister for Finance means the Minister who is responsible for
the administration of the Public Account of Norfolk Island.
10 Subsection 4(1)
Insert:
Norfolk Island Public Service Values means the rules prescribed
by regulations made for the purposes of subsection 61A(1).
11 Subsection 4(1)
Insert:
responsible Commonwealth Minister means the Commonwealth
Minister who administers this Act.
12 Paragraph 7(1)(e)
Omit “Minister”, substitute “responsible Commonwealth Minister”.
13 Subsection 7(2)
Omit “paragraph (1)(b)”, substitute “paragraphs (1)(a) and (b)”.
14 Subsection 7(2)
Omit “that paragraph”, substitute “paragraph (1)(a) or (b)”.
15 Subsection 7(2)
Omit “Minister”, substitute “responsible Commonwealth Minister”.
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16 Subsection 7(3)
Omit “Minister” (first occurring), substitute “responsible
Commonwealth Minister”.
17 Subsection 7(3)
Omit “paragraph (1)(b)”, substitute “paragraph (1)(a) or (b)”.
18 Subsection 7(3)
Omit “Minister” (second occurring), substitute “responsible
Commonwealth Minister”.
19 Section 9
Repeal the section, substitute:
9 Deputies of Administrator
(1) The responsible Commonwealth Minister may appoint a person, or
persons jointly or severally, to be the deputy or deputies of the
Administrator in the Territory, and in that capacity to exercise
during the pleasure of the responsible Commonwealth Minister
such powers and functions of the Administrator as the responsible
Commonwealth Minister assigns to the deputy or deputies.
(2) The appointment of a deputy does not affect the exercise of a
power or performance of a function by the Administrator.
(3) A reference in a law of the Commonwealth to a Deputy
Administrator of Norfolk Island is a reference to a deputy of the
Administrator.
20 Subsection 10(2)
Omit “The Deputy Administrator”, substitute “A deputy of the
Administrator”.
21 Subsection 11(2)
Repeal the subsection, substitute:
(2) The Executive Council consists of:
(a) the Chief Minister; and
(b) such other Ministers as are appointed by the Administrator
under section 13.
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22 Subsection 11(8)
Repeal the subsection.
23 Sections 12, 13 and 14
Repeal the sections, substitute:
12 Ministers
(1) There is to be:
(a) a Chief Minister of the Territory; and
(b) at least one, and not more than 3, other Ministers of the
Territory.
(2) The matters in respect of which the Ministers have executive
authority are the matters specified in Schedules 2 and 3.
(3) A person who is employed in the Public Service of the Territory or
of the Commonwealth is not eligible to be a Minister, and a person
holding office as a Minister vacates his or her office if he or she
becomes so employed.
(4) For the purposes of subsection (3), a person who:
(a) is an APS employee; or
(b) is employed under a law relating to the Public Service of the
Territory as a temporary employee; or
(c) is employed under a law relating to the Public Service of a
Territory or of the Commonwealth as an officer or employee
to whom any provisions of that law do not apply;
is taken to be employed in the Public Service of the Territory or of
the Commonwealth, as the case requires.
12A Nomination of Chief Minister
(1) At the first meeting of the Legislative Assembly after a general
election, the members present must, after electing a Speaker and
Deputy Speaker and before any other business, nominate one of
their number to be the Chief Minister.
(2) If there is a vacancy in the office of Chief Minister (otherwise than
because of paragraph 14(1)(e) or (f)), then:
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(a) if the vacancy happens at a meeting of the Legislative
Assembly—the members present must nominate one of their
number to be the Chief Minister; or
(b) if the vacancy happens at any other time—the Speaker must
convene a meeting of the Legislative Assembly as soon as
practicable and, at the meeting, the members present must
nominate one of their number to be the Chief Minister.
(3) If a resolution of no confidence in the Chief Minister is passed, the
members present must nominate one of their number to be the
Chief Minister.
(4) The Speaker or Deputy Speaker is not eligible to be nominated as
Chief Minister.
(5) If a member of the Legislative Assembly is nominated to be the
Chief Minister, the Legislative Assembly is taken to have advised
the Administrator to appoint the member as the Chief Minister.
13 Appointment of Ministers
(1) The Administrator may, on the advice of the Legislative Assembly,
appoint a member of the Legislative Assembly as the Chief
Minister.
(2) The Administrator may, on the advice of the Chief Minister,
appoint one or more other Ministers from among the members of
the Legislative Assembly.
Note: The maximum number of other Ministers is 3—see subsection 12(1).
(3) An appointment under subsection (1) or (2) takes effect at the time
when it is made or, if a later time is specified in the instrument of
appointment, at that later time.
(4) The Speaker or Deputy Speaker is not eligible to be appointed
under subsection (2) as a Minister.
14 Termination
Chief Minister
(1) A person ceases to hold office as the Chief Minister when:
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(a) he or she ceases, by reason of his or her resignation or by
reason of section 39 or 39AA, to be a member of the
Legislative Assembly; or
(b) he or she is dismissed from office by the Administrator under
section 14A; or
(c) he or she resigns his or her office by writing signed by him or
her and delivered to the Administrator; or
(d) the Legislative Assembly passes a resolution of no
confidence in him or her; or
(e) a notice about a general election is published under
subsection 39AB(1); or
(f) the Legislative Assembly is dissolved under section 39AC; or
(g) the Legislative Assembly first meets after a general election
of the Legislative Assembly that takes place after his or her
most recent appointment to the office of Chief Minister takes
effect;
whichever first happens.
Other Ministers
(2) A person ceases to hold office as a Minister (other than the Chief
Minister) when:
(a) he or she ceases, by reason of his or her resignation or by
reason of section 39 or 39AA, to be a member of the
Legislative Assembly; or
(b) he or she is dismissed from office by the Administrator under
section 14A; or
(c) he or she resigns his or her office by writing signed by him or
her and delivered to the Administrator; or
(d) a notice about a general election is published under
subsection 39AB(1); or
(e) the Legislative Assembly is dissolved under section 39AC; or
(f) the Legislative Assembly first meets after a general election
of the Legislative Assembly that takes place after his or her
most recent appointment to an office of Minister takes effect;
whichever first happens.
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14A Dismissal of Ministers
(1) The Administrator may dismiss the Chief Minister from office if,
in the Administrator’s opinion, there are exceptional circumstances
that justify the Administrator so doing.
(2) The Administrator may dismiss a Minister from office on the
advice of the Chief Minister.
24 Subsection 15(2)
Omit “appointed to an executive office shall”, substitute “appointed to
an office of Minister must”.
Note: The heading to section 15 is altered by omitting “executive member” and substituting “Minister etc.”.
25 Subsection 15(3)
Omit “does not hold executive office”, substitute “is not a Minister”.
26 At the end of Part III
Add:
15A Ministerial portfolios
(1) The Chief Minister is to administer such matters relating to the
powers of the Administration as are allocated to the Chief Minister
from time to time by the Chief Minister.
(2) A Minister (other than the Chief Minister) is to administer such
matters relating to the powers of the Administration as are
allocated to that Minister from time to time by the Chief Minister.
(3) The Chief Minister may authorise a Minister or Ministers to act on
behalf of the Chief Minister or any other Minister.
(4) The Chief Minister must publish particulars of such arrangements
in the Norfolk Island Government Gazette.
27 After subsection 21(1)
Insert:
(1A) If the proposed law was introduced into the Legislative Assembly
by the Governor-General, the Administrator must reserve the
proposed law for the Governor-General’s pleasure.
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28 At the end of paragraph 21(2)(a)
Add:
(iii) that he or she reserves the proposed law for the
Governor-General’s pleasure; or
29 Subsection 21(5)
Omit “Executive Council.”, substitute “Executive Council and the
instructions (if any) of the responsible Commonwealth Minister. If there
is an inconsistency between the advice of the Executive Council and the
instructions of the responsible Commonwealth Minister, the instructions
of the responsible Commonwealth Minister are to prevail to the extent
of the inconsistency.”.
30 Subsection 21(6)
Omit “Minister”, substitute “responsible Commonwealth Minister”.
31 Subsection 22(3)
Omit “21(2)”, substitute “21(1A) or (2)”.
32 At the end of Division 2 of Part IV
Add:
26A Responsible Commonwealth Minister may introduce proposed
law
The responsible Commonwealth Minister may, by message of the
Administrator, introduce into the Legislative Assembly a proposed
law for the peace, order and good government of the Territory.
33 At the end of paragraph 27(1)(a)
Add “and”.
34 Paragraph 27(1)(b)
Omit “and”.
35 Paragraph 27(1)(c)
Repeal the paragraph.
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36 Subsection 27(4)
Omit “Minister”, substitute “responsible Commonwealth Minister”.
37 Subsection 28A(1)
Omit “Minister”, substitute “responsible Commonwealth Minister”.
38 After subsection 35(1)
Insert:
(1A) Subsection (1) does not apply to a general election held in
accordance with section 39AB or 39AC.
39 At the end of Division 1 of Part V
Add:
39AA Dismissal of members of the Legislative Assembly
The Administrator may dismiss a member of the Legislative
Assembly from office if the member has engaged, or is engaging,
in:
(a) seriously unlawful conduct; or
(b) grossly improper conduct.
39AB Resolution of no confidence in the Chief Minister
(1) If:
(a) on a particular day, the Legislative Assembly passes a
resolution of no confidence in the Chief Minister; and
(b) the Legislative Assembly does not, within the period of 10
days after that day, nominate a member of the Legislative
Assembly to be the Chief Minister; and
(c) the Governor-General does not, within that period of 10 days,
dissolve the Legislative Assembly under section 39AC;
a general election of members of the Legislative Assembly is to be
held on a day specified by the responsible Commonwealth Minister
by notice published in the Commonwealth Gazette.
(2) The specified day must not be earlier than 36 days, or later than 90
days, after the end of that period of 10 days.
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(3) The specified day must not be the polling day for:
(a) an election of the Senate; or
(b) a general election of the House of Representatives.
(4) As soon as practicable after the publication of the notice under
subsection (1), the responsible Commonwealth Minister must
cause notice of the specified day to be published in the Norfolk
Island Government Gazette.
(5) During the period:
(a) beginning when the notice is published under subsection (1);
and
(b) ending when the Legislative Assembly meets after the
general election mentioned in subsection (1);
the Administrator:
(c) is to exercise all the powers of the Administration, the
Executive Council and Ministers in accordance with any
directions given by the Governor-General; and
(d) if it is necessary to issue or spend public money of the
Territory when not authorised to do so by or under
enactment—may do so with the authority of the
Governor-General.
(6) The powers of the Governor-General under subsection (5) are to be
exercised by Proclamation.
(7) For the purposes of this Act, if a notice is published under
subsection (1) on a particular day, the notice is taken to have been
published at the last moment of that day.
(8) A notice under subsection (1) or (4) is not a legislative instrument.
(9) A Proclamation under subsection (5) is a legislative instrument, but
section 42 (disallowance) of the Legislative Instruments Act 2003
does not apply to the Proclamation.
39AC Dissolution of Legislative Assembly by the Governor-General
(1) If, in the opinion of the Governor-General, the Legislative
Assembly:
(a) is incapable of effectively performing its functions; or
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(b) is conducting its affairs in a grossly improper manner;
the Governor-General may dissolve the Legislative Assembly.
(2) If the Legislative Assembly is dissolved, a general election of
members of the Legislative Assembly is to be held on a day
specified by the responsible Commonwealth Minister by notice
published in the Commonwealth Gazette.
(3) The specified day must not be earlier than 36 days, or later than 90
days, after the dissolution.
(4) The specified day must not be the polling day for:
(a) an election of the Senate; or
(b) a general election of the House of Representatives.
(5) As soon as practicable after the publication of the notice under
subsection (2), the responsible Commonwealth Minister must
cause notice of the specified day to be published in the Norfolk
Island Government Gazette.
(6) During the period:
(a) beginning when the Legislative Assembly is dissolved; and
(b) ending when the Legislative Assembly meets after the first
general election of the Legislative Assembly that takes place
after the dissolution;
the Administrator:
(c) is to exercise all the powers of the Administration, the
Executive Council and Ministers in accordance with any
directions given by the Governor-General; and
(d) if it is necessary to issue or spend public money of the
Territory when not authorised to do so by or under
enactment—may do so with the authority of the
Governor-General.
(7) The powers of the Governor-General under this section are to be
exercised by Proclamation.
(8) The responsible Commonwealth Minister must cause a statement
of the reasons for the dissolution to be:
(a) published in the Commonwealth Gazette and the Norfolk
Island Government Gazette as soon as practicable after the
dissolution; and
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(b) tabled in each House of the Parliament within 15 sitting days
of that House after the dissolution.
(9) A notice under subsection (2) or (5) is not a legislative instrument.
(10) A Proclamation under this section is a legislative instrument, but
section 42 (disallowance) of the Legislative Instruments Act 2003
does not apply to the Proclamation.
40 At the end of section 42
Add:
(7) If a motion of no confidence in the Chief Minister is before the
Legislative Assembly, the Legislative Assembly must deal with
that motion before proceeding to the despatch of any other
business.
41 After section 42
Insert:
42A Resolution of no confidence in the Chief Minister
(1) A resolution of no confidence in the Chief Minister passed by the
Legislative Assembly has no effect unless:
(a) it affirms a motion that is expressed to be a motion of no
confidence in the Chief Minister; and
(b) at least 14 days notice of the motion has been given in
accordance with the standing rules and orders; and
(c) the resolution is passed by at least the number of members
necessary to be a quorum; and
(d) the resolution is passed by a majority of the number of
members present and voting at the meeting of the Assembly.
(2) If a motion for a resolution of no confidence in the Chief Minister
is being voted on by the Legislative Assembly, each member
present at the meeting of the Assembly must cast a vote on the
motion.
42 Section 49
Omit “Finance Minister” (wherever occurring), substitute
“Commonwealth Finance Minister”.
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43 Subsection 50(1)
Omit “Finance Minister”, substitute “Commonwealth Finance
Minister”.
44 Subsection 50A(1)
Omit “Finance Minister”, substitute “Commonwealth Finance
Minister”.
45 Subsection 50A(2)
Omit “Finance Minister” (wherever occurring), substitute
“Commonwealth Finance Minister”.
46 Subsection 50D(1)
Omit “Finance Minister”, substitute “Commonwealth Finance
Minister”.
Note: The heading to section 50D is altered by omitting “Finance Minister” and substituting “Commonwealth Finance Minister”.
47 Subsection 50D(1)
Omit “Finance Minister’s”, substitute “Commonwealth Finance
Minister’s”.
48 Subsection 50D(2)
Omit “Finance Minister”, substitute “Commonwealth Finance
Minister”.
49 Subsection 53(2)
Omit “Minister”, substitute “responsible Commonwealth Minister”.
50 After section 61
Insert:
61A Norfolk Island Public Service Values
(1) The regulations may prescribe rules, to be known as the Norfolk
Island Public Service Values.
(2) A person appointed or employed under an enactment mentioned in
section 61 must at all times behave in a way that upholds the
Norfolk Island Public Service Values.
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51 Section 62
Omit “Minister”, substitute “responsible Commonwealth Minister”.
52 Subsection 65(4)
Omit “executive member”, substitute “Minister”.
53 Subsection 67(2)
Omit all the words after “or 3,”, substitute:
but regulations repealing or altering an item in Schedule 2 or 3
must not be made unless:
(a) a copy of the proposed regulations has been tabled in the
Legislative Assembly on a sitting day of the Legislative
Assembly; and
(b) at least one sitting day of the Legislative Assembly has
occurred since the sitting day mentioned in paragraph (a).
54 Item 42 of Schedule 2
Omit “executive members”, substitute “Ministers”.
55 Schedule 6
Omit “holding executive office” (wherever occurring), substitute
“holding office as a Minister”.
56 Transitional—Chief Minister
(1) This item applies to a person if:
(a) immediately before the commencement of this item, the
person held an executive office under section 13 of the
Norfolk Island Act 1979; and
(b) the person was designated as the Chief Minister.
(2) The Norfolk Island Act 1979 as amended by this Division has effect as
if, immediately after the commencement of this item, the Administrator
had, on the advice of the Legislative Assembly, appointed the person as
the Chief Minister under subsection 13(1) of that Act.
(3) The Norfolk Island Act 1979 as amended by this Division has effect as
if the person had complied with section 15 of that Act in relation to the
appointment covered by subitem (2).
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57 Transitional—other Ministers
(1) This item applies to a person if:
(a) immediately before the commencement of this item, the
person held an executive office under section 13 of the
Norfolk Island Act 1979; and
(b) the person was not designated as the Chief Minister.
(2) The Norfolk Island Act 1979 as amended by this Division has effect as
if the Administrator had, immediately after the commencement of this
item, on the advice of the Chief Minister, appointed the person as a
Minister under subsection 13(2) of that Act.
(3) The Norfolk Island Act 1979 as amended by this Division has effect as
if the person had complied with section 15 of that Act in relation to the
appointment covered by subitem (2).
58 Transitional—maximum number of Ministers
(1) This item applies if, immediately before the commencement of this
item, the number (the transitional number) of persons holding
executive office under section 13 of the Norfolk Island Act 1979 (other
than the person who was designated as the Chief Minister) exceeded 3.
(2) During the period:
(a) beginning at the commencement of this item; and
(b) ending at the start of the first meeting of the Legislative
Assembly of Norfolk Island held after the first general
election of the Legislative Assembly that occurs after the
commencement of this item;
the following provisions of the Norfolk Island Act 1979 as amended by
this Division:
(c) paragraph 12(1)(b);
(d) the note at the end of subsection 13(2);
have effect as if each reference in those provisions to 3 were a reference
to the transitional number.
59 Application of amendments—nomination of Chief Minister
Subsection 12A(1) of the Norfolk Island Act 1979 as amended by this
Division applies in relation to the first meeting of the Legislative
Assembly of Norfolk Island after a general election that occurs after the
commencement of this item.
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60 Application of amendments—presentation of proposed laws
The amendments of sections 21 and 22 of the Norfolk Island Act 1979
made by this Division apply in relation to a proposed law presented to
the Administrator under subsection 21(1) of that Act after the
commencement of this item.
Division 2—Consequential amendments
Aboriginal and Torres Strait Islander Heritage Protection Act
1984
61 Subsection 13(1) (definition of Minister)
Repeal the definition.
Environment Protection and Biodiversity Conservation Act
1999
62 Subsection 393(3)
Omit “person holding an office under section 13 of the Norfolk Island
Act 1979”, substitute “Minister of Norfolk Island”.
63 Subsection 393(3)
Omit “that Act”, substitute “the Norfolk Island Act 1979”.
64 Subsection 398(2)
Omit “person holding an office under section 13 of the Norfolk Island
Act 1979”, substitute “Minister of Norfolk Island”.
65 Subsection 398(2)
Omit “that Act”, substitute “the Norfolk Island Act 1979”.
Freedom of Information Act 1982
66 Subparagraph 4(3)(a)(iii)
Omit “an executive office created pursuant to section 12 of the Norfolk
Island Act 1979”, substitute “of Minister of Norfolk Island”.
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Hazardous Waste (Regulation of Exports and Imports) Act
1989
67 Subsection 42(4)
Repeal the subsection.
Historic Shipwrecks Act 1976
68 Paragraph 4A(12)(c)
Omit “person holding office under section 13 of the Norfolk Island Act
1979”, substitute “Minister of Norfolk Island”.
International Criminal Court Act 2002
69 Section 4 (paragraph (d) of the definition of State Minister)
Omit “executive member (within the meaning of the Norfolk Island Act
1979)”, substitute “Minister of Norfolk Island”.
70 Section 4 (definition of State Minister)
Omit “or executive member” (wherever occurring).
71 Section 4 (definition of State Minister)
Omit “or executive member’s”.
International Transfer of Prisoners Act 1997
72 Subsection 4(1) (paragraph (b) of the definition of Territory Minister)
Omit “executive member (within the meaning of the Norfolk Island Act
1979)”, substitute “Minister of Norfolk Island”.
73 Subsection 4(1) (definition of Territory Minister)
Omit “or executive member” (wherever occurring).
74 Subsection 4(1) (definition of Territory Minister)
Omit “or executive member’s”.
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National Health Security Act 2007
75 Subsection 3(1) (paragraph (d) of the definition of State or Territory Health Minister)
Repeal the paragraph, substitute:
(d) the Minister of Norfolk Island;
Privacy Act 1988
76 Subsection 6C(3) (subparagraphs (d)(vi) and (f)(vi) of the definition of State or Territory authority)
Repeal the subparagraphs.
Remuneration Tribunal Act 1973
77 Paragraph 3(4)(jaa)
Omit “executive member”, substitute “Minister”.
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Amendments relating to elections Part 2
Part 2—Amendments relating to elections
Division 1—Dates for elections
Norfolk Island Act 1979
78 Subsection 35(2)
Omit “shall not be more than 3 years”, substitute “must not be less than
3 years and must not be more than 4 years”.
79 At the end of section 35
Add:
(3) However, if the next succeeding general election is required
because of section 39AB or 39AC, that election may be held less
than 3 years after the first meeting mentioned in subsection (2) of
this section.
Division 2—Other matters
Norfolk Island Act 1979
80 Subsection 31(3)
After “this Act”, insert “and regulations made for the purposes of
subsection (4) or (5)”.
81 At the end of section 31
Add:
(4) The regulations may make provision for or in relation to the
following matters:
(a) the method of balloting;
(b) the manner in which voters are to indicate their votes;
(c) the manner in which voters’ votes are to be used to obtain a
result for an election;
(d) matters incidental or ancillary to the above matters.
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(5) The regulations may make provision for or in relation to the
following matters:
(a) the filling of casual vacancies in the offices of members of
the Legislative Assembly;
(b) matters incidental or ancillary to the above matter.
82 Section 37
Repeal the section.
83 Before section 38
Insert:
37A Arrangements with the Australian Electoral Commission
The Chief Minister may, on behalf of the Administration, enter into
an arrangement under section 7A of the Commonwealth Electoral
Act 1918 in relation to:
(a) general elections of members of the Legislative Assembly;
and
(b) the filling of casual vacancies in the offices of members of
the Legislative Assembly.
84 Application of amendments
(1) The amendments made by this Division, in so far as they relate to a
general election of members of the Legislative Assembly, apply to a
general election, where writs for the general election are issued after the
commencement of this item.
(2) The amendments made by this Division, in so far as they relate to a
casual vacancy in the office of a member of the Legislative Assembly,
apply in relation to a casual vacancy that occurs after the
commencement of this item.
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Norfolk Island Act 1979
85 Subsection 4(1) (definition of accounts of the Territory)
Repeal the definition.
86 Subsection 4(1) (definition of Auditor)
Repeal the definition.
87 Subsection 4(1)
Insert:
Chief Executive Officer has the same meaning as in the Public
Sector Management Act 2000 of Norfolk Island.
88 Subsection 4(1)
Insert:
Commonwealth Finance Minister’s Orders means Orders made
under section 48T.
89 Subsection 4(1)
Insert:
Commonwealth Financial Officer for Norfolk Island means the
Commonwealth Financial Officer for Norfolk Island appointed
under regulations made for the purposes of section 51D.
90 Subsection 4(1)
Insert:
Federal Court means the Federal Court of Australia.
91 Subsection 4(1)
Insert:
financial management and accountability provisions means:
(a) the provisions of Divisions 2, 3 and 4 of Part VI; or
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(b) regulations made for the purposes of a provision of
Division 2 of Part VI; or
(c) the Commonwealth Finance Minister’s Orders.
92 Subsection 4(1)
Insert:
money of a Territory authority means:
(a) money in the custody or under the control of a Territory
authority; or
(b) money in the custody or under the control of any person
acting for or on behalf of a Territory authority in respect of
the custody or control of the money;
and includes such money that is held on trust for, or otherwise for
the benefit of, a person other than a Territory authority.
93 Subsection 4(1)
Insert:
performance audit has the same meaning as in the
Auditor-General Act 1997.
94 Subsection 4(1)
Insert:
property of a Territory authority means:
(a) property in the custody or under the control of a Territory
authority; or
(b) property in the custody or under the control of any person
acting for or on behalf of a Territory authority in respect of
the custody or control of the property;
including such property that is held on trust for, or otherwise for
the benefit of, a person other than a Territory authority.
95 Subsection 4(1)
Insert:
Public Account of Norfolk Island means the Public Account of
Norfolk Island established by subsection 47(1).
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96 Subsection 4(1)
Insert:
public money of the Territory means:
(a) money in the custody or under the control of the
Administration; or
(b) money in the custody or under the control of any person
acting for or on behalf of the Administration in respect of the
custody or control of the money;
and includes such money that is held on trust for, or otherwise for
the benefit of, a person other than the Administration, but does not
include money standing to the credit of the Norfolk Island
Provident Account established under the Provident Account Act
1958 of Norfolk Island.
97 Subsection 4(1) (definition of public moneys of the Territory)
Repeal the definition.
98 Subsection 4(1)
Insert:
public property of the Territory means:
(a) property in the custody or under the control of the
Administration; or
(b) property in the custody or under the control of any person
acting for or on behalf of the Administration in respect of the
custody or control of the property;
including such property that is held on trust for, or otherwise for
the benefit of, a person other than the Administration.
99 Subsection 4(1)
Insert:
responsible manager, in relation to a Territory authority, means an
individual who is responsible for the finances of the Territory
authority.
100 Subsection 4(1)
Insert:
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Territory authority means:
(a) a body corporate established for a public purpose by or under
an enactment; or
(b) a body, entity, organisation or group of persons specified in
the regulations; or
(c) a body corporate in which:
(i) the Administration; or
(ii) a body corporate referred to in paragraph (a); or
(iii) a body, entity, organisation or group of persons referred
to in paragraph (b);
has a controlling interest.
For the purposes of this definition, entity has the same meaning as
in the Income Tax Assessment Act 1997, but does not include an
individual.
101 Section 25
Omit “, vote, resolution or question, the object or effect of which is to
dispose of or charge any public moneys”, substitute “for the
appropriation of public money”.
Note: The heading to section 25 is altered by omitting “votes” and substituting “Bills”.
102 At the end of section 25
Add:
Note: See also section 48 (withdrawals from the Public Account of Norfolk Island).
103 Paragraph 27(3)(a)
Omit “moneys”, substitute “money”.
104 Section 46
Repeal the section.
105 Before section 47
Insert:
Division 1—Public Account of Norfolk Island
106 Subsections 47(1) and (2)
Omit “public moneys”, substitute “public money”.
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107 Subsection 47(4)
After “Public Account”, insert “of Norfolk Island”.
108 Subsection 47(4)
Omit “moneys” (first occurring), substitute “money”.
109 Subsection 47(4)
Omit “those moneys”, substitute “that money”.
110 Subsection 47(5)
After “Public Account”, insert “of Norfolk Island”.
111 Subsection 47(5)
Omit “moneys” (first occurring), substitute “money”.
112 Subsection 47(5)
Omit “those moneys”, substitute “that money”.
113 Subsection 48(1)
Omit “moneys”, substitute “money”.
114 Subsection 48(1)
After “by”, insert “an appropriation made by”.
115 At the end of subsection 48(1)
Add:
Note: See also section 25 (proposal of money Bills).
116 Subsection 48(2)
Omit “moneys”, substitute “money”.
117 After section 48
Insert:
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Division 2—Financial management and accountability
48A Preparation of annual budgets by the Minister for Finance
(1) The Minister for Finance must prepare annual budgets in relation
to:
(a) the Administration; and
(b) each Territory authority.
(2) Annual budgets must be prepared in accordance with:
(a) the regulations; and
(b) the Commonwealth Finance Minister’s Orders.
(3) Annual budgets must be prepared within the period ascertained in
accordance with:
(a) the regulations; or
(b) if no regulations are in force for the purposes of
paragraph (a)—the Commonwealth Finance Minister’s
Orders.
(4) The Minister for Finance must cause a copy of each annual budget
to be tabled in the Legislative Assembly as soon as practicable
after it is prepared.
(5) The Minister for Finance must give a copy of each annual budget
to the Administrator as soon as practicable after it is prepared.
(6) As soon as practicable after receiving a copy of an annual budget,
the Administrator must send a copy of the annual budget to the
responsible Commonwealth Minister.
48B Preparation of annual financial statements by the Minister for
Finance
(1) As soon as practicable after the end of each financial year, the
Minister for Finance must prepare annual financial statements in
relation to:
(a) the Administration; and
(b) each Territory authority.
(2) The statements must be prepared in accordance with:
(a) the regulations; and
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(b) the Commonwealth Finance Minister’s Orders.
(3) The Minister for Finance must give the statements to the
Auditor-General as soon as practicable after they are prepared.
(4) If the Minister for Finance has not given the statements to the
Auditor-General within 5 months after the end of the financial
year, the Minister for Finance must cause to be tabled in the
Legislative Assembly a statement of the reasons why the
statements were not given to the Auditor-General within that
period.
48C Audit of annual financial statements
(1) As soon as practicable after receiving financial statements under
section 48B, the Auditor-General must examine the statements and
prepare an audit report.
(2) Instead of preparing a single report, the Auditor-General may
prepare an initial report and one or more supplementary reports.
(3) The Auditor-General must give a copy of each report to:
(a) the Minister for Finance; and
(b) the responsible Commonwealth Minister; and
(c) the Administrator.
(4) The Minister for Finance must cause a copy of each report to be
tabled in the Legislative Assembly as soon as practicable after
receiving the copy of the report. Except in the case of a
supplementary report, the copy that is tabled must be accompanied
by a copy of the annual financial statements.
(5) As soon as practicable after receiving a copy of a report, the
responsible Commonwealth Minister must cause:
(a) a copy of the report; and
(b) a copy of the annual financial statements to which the report
relates;
to be tabled in each House of the Parliament.
48D Audit fees for statement audits
(1) If financial statements relating to the Administration are audited as
mentioned in section 48C, the Administration is liable to pay audit
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fees for the audit, based on a scale of fees determined by the
Auditor-General.
(2) If financial statements relating to a Territory authority are audited
as mentioned in section 48C, the authority is liable to pay audit
fees for the audit, based on a scale of fees determined by the
Auditor-General.
(3) Fees are payable within 30 days after issue of a payment claim.
Payment claims for instalments may be issued before the audit is
completed.
(4) The Auditor-General, on behalf of the Commonwealth, may
recover unpaid fees as a debt in a court of competent jurisdiction.
(5) In the annual report under section 28 of the Auditor-General Act
1997, the Auditor-General must include details of the basis on
which the Auditor-General determined the audit fees that applied
during the financial year concerned.
(6) This section does not authorise the imposition of taxation within
the meaning of section 55 of the Constitution.
48E Performance audits
(1) The Auditor-General may at any time conduct a performance audit
of:
(a) the Administration; or
(b) a Territory authority.
(2) As soon as practicable after completing the report of an audit under
this section, the Auditor-General must:
(a) cause a copy of the report to be tabled in each House of the
Parliament; and
(b) give a copy of the report to:
(i) the Minister for Finance; and
(ii) the responsible Commonwealth Minister; and
(iii) the Administrator; and
(c) if the report relates to the Administration—give a copy of the
report to the Chief Executive Officer; and
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(d) if the report relates to a Territory authority—give a copy of
the report to the responsible manager or managers of the
authority.
(3) The Auditor-General may give a copy of, or an extract from, the
report to any person (including a Norfolk Island Minister or a
Commonwealth Minister) who, or any body that, in the
Auditor-General’s opinion, has a special interest in the report or
the content of the extract.
(4) As soon as practicable after receiving a copy of the report, the
Minister for Finance must cause a copy of the report to be tabled in
the Legislative Assembly.
48F Comments on proposed performance audit report
(1) After preparing a proposed report on an audit of the Administration
under section 48E, the Auditor-General must give a copy of the
proposed report to the Chief Executive Officer.
(2) After preparing a proposed report on an audit of a Territory
authority under section 48E, the Auditor-General must give a copy
of the proposed report to the responsible manager or managers of
the authority.
(3) After preparing a proposed report on an audit under section 48E,
the Auditor-General may give a copy of, or an extract from, the
proposed report to any person (including a Norfolk Island Minister
or a Commonwealth Minister) who, or any body that, in the
Auditor-General’s opinion, has a special interest in the report or
the content of the extract.
(4) If the recipient of the proposed report, or the extract from the
proposed report, gives written comments to the Auditor-General
within 28 days after receiving the proposed report, or the extract
from the proposed report, the Auditor-General must consider those
comments before preparing a final report.
(5) The Auditor-General must, in the final report, include all written
comments received under subsection (4).
48G Audits—application of the Auditor-General Act 1997
(1) The Auditor-General Act 1997 extends to Norfolk Island.
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(2) The Auditor-General Act 1997 has effect as if:
(a) a reference in section 24 or 26 of that Act to Division 1 of
Part 4 of that Act included a reference to section 48C of this
Act; and
(b) a reference in section 23A or 24 of that Act to Division 2 of
Part 4 of that Act included a reference to section 48E of this
Act; and
(c) a reference in section 30 of that Act to laws of the
Commonwealth included a reference to an enactment; and
(d) a reference in section 30 of that Act to a House of the
Parliament included a reference to the Legislative Assembly;
and
(e) a reference in section 33 of that Act to the Commonwealth
included a reference to the Administration; and
(f) a reference in section 33 of that Act to a Commonwealth
authority included a reference to a Territory authority.
(3) Section 37 of the Auditor-General Act 1997 has effect, in relation
to a report that relates to:
(a) the Administration; or
(b) a Territory authority;
as if:
(c) a reference in that section to the Attorney-General were a
reference to the Minister who is responsible, or principally
responsible, for the administration of the Interpretation Act
1979 of Norfolk Island; and
(d) a reference in that section to the Cabinet included a reference
to a body that:
(i) consists of Ministers of Norfolk Island; and
(ii) corresponds to the Cabinet; and
(e) a reference in paragraph (2)(c) or (d) of that section to the
Commonwealth included a reference to Norfolk Island; and
(f) a reference in that section to the Crown in right of the
Commonwealth included a reference to the Administration;
and
(g) a reference in that section to a House of the Parliament
included a reference to the Legislative Assembly; and
(h) a reference in that section to the Prime Minister were a
reference to the Chief Minister; and
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(i) a reference in that section to the Finance Minister were a
reference to the Minister for Finance; and
(j) a reference in that section to a responsible Minister were a
reference to both:
(i) a Minister of Norfolk Island; and
(ii) the responsible Commonwealth Minister.
48H Preparation of periodic financial statements by the Minister for
Finance
(1) The Minister for Finance must prepare periodic financial
statements in relation to:
(a) the Administration; and
(b) each Territory authority.
(2) The statements must be prepared in accordance with:
(a) the regulations; and
(b) the Commonwealth Finance Minister’s Orders.
(3) The statements must be prepared within the period ascertained in
accordance with:
(a) the regulations; or
(b) if no regulations are in force for the purposes of
paragraph (a)—the Commonwealth Finance Minister’s
Orders.
(4) The Minister for Finance must cause a copy of the statements to be
tabled in the Legislative Assembly as soon as practicable after the
statements are prepared.
(5) The Minister for Finance must give a copy of the statements to the
Administrator as soon as practicable after they are prepared.
(6) As soon as practicable after receiving a copy of the statements, the
Administrator must send a copy of the statements to the
responsible Commonwealth Minister.
48J Preparation of annual report by Chief Executive Officer
(1) The Chief Executive Officer must, as soon as practicable after the
end of each financial year, prepare and give to the Chief Minister a
report on the operations of:
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(a) the Administration; and
(b) Territory authorities;
during that year.
(2) The report must be prepared in accordance with:
(a) the regulations; and
(b) the Commonwealth Finance Minister’s Orders.
(3) The Chief Minister must cause a copy of the report to be tabled in
the Legislative Assembly as soon as practicable after receiving the
report.
(4) As soon as practicable after receiving the report, the Chief Minister
must give a copy to the Administrator.
(5) As soon as practicable after receiving a copy of the report, the
Administrator must send a copy of the report to the responsible
Commonwealth Minister.
48K Minister for Finance may obtain information from the
responsible manager or managers of a Territory
authority
Scope
(1) This section applies to a Territory authority if the Minister for
Finance believes on reasonable grounds that the authority has
information that is relevant to the performance of a function, or the
exercise of a power, conferred on the Minister for Finance by:
(a) section 48A; or
(b) section 48B; or
(c) section 48H; or
(d) regulations made for the purposes of this Part; or
(e) the Commonwealth Finance Minister’s Orders.
Requirement
(2) The Minister for Finance may, by written notice given to the
responsible manager or managers of the Territory authority, require
the responsible manager or managers to give to the Minister for
Finance, within the period and in the manner and form specified in
the notice, any such information.
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(3) A period specified under subsection (2) must not be shorter than 14
days after the notice is given.
Compliance
(4) The responsible manager or managers must comply with a
requirement under subsection (2) to the extent that the responsible
manager is, or the managers are, capable of doing so.
48L Chief Executive Officer may obtain information from the
responsible manager or managers of a Territory
authority
Scope
(1) This section applies to a Territory authority if the Chief Executive
Officer believes on reasonable grounds that the authority has
information that is relevant to the performance of a function, or the
exercise of a power, conferred on the Chief Executive Officer by:
(a) this Part; or
(b) regulations made for the purposes of this Part; or
(c) the Commonwealth Finance Minister’s Orders.
Requirement
(2) The Chief Executive Officer may, by written notice given to the
responsible manager or managers of the Territory authority, require
the responsible manager or managers to give to the Chief
Executive Officer, within the period and in the manner and form
specified in the notice, any such information.
(3) A period specified under subsection (2) must not be shorter than 14
days after the notice is given.
Compliance
(4) The responsible manager or managers must comply with a
requirement under subsection (2) to the extent that the responsible
manager is, or the managers are, capable of doing so.
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48M Promoting efficient, effective and ethical use etc. of
Administration resources
(1) The Chief Executive Officer must manage the affairs of the
Administration in a way that promotes proper use of the
Administration resources for which the Chief Executive Officer is
responsible.
(2) In doing so, the Chief Executive Officer must comply with this
Act, the regulations, the Commonwealth Finance Minister’s Orders
and any other law.
(3) In this section:
proper use means efficient, effective and ethical use that is not
inconsistent with the policies of the Administration.
48N Promoting efficient, effective and ethical use etc. of the
resources of Territory authorities
(1) The responsible manager or managers of a Territory authority must
manage the affairs of the authority in a way that promotes the
proper use of the resources of the authority for which the
responsible manager or managers is or are responsible.
(2) In doing so, the responsible manager or managers must comply
with this Act, the regulations, the Commonwealth Finance
Minister’s Orders and any other law.
(3) In this section:
proper use means efficient, effective and ethical use that is not
inconsistent with the policies of the Administration.
48P Accounts and records of the Administration
(1) The Minister for Finance must ensure that there are prepared and
kept accounts and records that properly record and explain the
transactions and financial position of the Administration.
(2) The accounts and records must be prepared and kept in accordance
with:
(a) the regulations; and
(b) the Commonwealth Finance Minister’s Orders.
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(3) The Minister for Finance must ensure that the accounts and records
are retained for the period ascertained in accordance with:
(a) the regulations; or
(b) if no regulations are in force for the purposes of
paragraph (a)—the Commonwealth Finance Minister’s
Orders.
48Q Accounts and records of Territory authorities
(1) The responsible manager or managers of a Territory authority must
ensure that there are prepared and kept accounts and records that
properly record and explain the transactions and financial position
of the authority.
(2) The accounts and records must be prepared and kept in accordance
with:
(a) the regulations; and
(b) the Commonwealth Finance Minister’s Orders.
(3) The responsible manager or managers of a Territory authority must
ensure that the accounts and records are retained for the period
ascertained in accordance with:
(a) the regulations; or
(b) if no regulations are in force for the purposes of
paragraph (a)—the Commonwealth Finance Minister’s
Orders.
48R Regulations about financial management and accountability—
Administration
(1) The regulations may make provision in relation to the following
matters:
(a) public money of the Territory;
(b) public property of the Territory;
(c) other resources of the Administration.
(2) Regulations made for the purposes of subsection (1) may make
provision in relation to the following matters:
(a) the control and management of public money of the
Territory;
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(b) financial and accounting systems in relation to:
(i) public money of the Territory; or
(ii) public property of the Territory; or
(iii) other resources of the Administration;
(c) the control and management of grants of public money of the
Territory;
(d) the control and management of public property of the
Territory;
(e) the procurement of property and services by the
Administration;
(f) the disposal of public property of the Territory;
(g) the audit of the annual financial statements prepared under
section 48B in relation to the Administration.
(3) Regulations made for the purposes of subsection (1) may make
provision for ensuring or promoting the following:
(a) the proper use and management of:
(i) public money of the Territory; or
(ii) public property of the Territory; or
(iii) other resources of the Administration;
(b) proper accountability for the use and management of:
(i) public money of the Territory; or
(ii) public property of the Territory; or
(iii) other resources of the Administration.
(4) Regulations made for the purposes of subsection (1) may confer
functions or powers on:
(a) the Auditor-General; or
(b) the Minister for Finance; or
(c) the Chief Executive Officer; or
(d) the responsible manager or managers of a Territory authority.
(5) Subsections (2), (3) and (4) do not limit subsection (1).
(6) If an enactment is inconsistent with regulations made for the
purposes of subsection (1), the enactment has no effect to the
extent of the inconsistency.
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48S Regulations about financial management and accountability—
Territory authorities
(1) The regulations may make provision in relation to the following
matters:
(a) money of a Territory authority;
(b) property of a Territory authority;
(c) other resources of a Territory authority.
(2) Regulations made for the purposes of subsection (1) may make
provision in relation to the following matters:
(a) the control and management of money of a Territory
authority;
(b) financial and accounting systems in relation to:
(i) money of a Territory authority; or
(ii) property of a Territory authority; or
(iii) other resources of a Territory authority;
(c) the control and management of grants of money of a
Territory authority;
(d) the control and management of property of a Territory
authority;
(e) the procurement of property and services by a Territory
authority;
(f) the disposal of property of a Territory authority;
(g) the audit of the annual financial statements prepared under
section 48B in relation to a Territory authority.
(3) Regulations made for the purposes of subsection (1) may make
provision for ensuring or promoting the following:
(a) the proper use and management of:
(i) money of a Territory authority; or
(ii) property of a Territory authority; or
(iii) other resources of a Territory authority;
(b) proper accountability for the use and management of:
(i) money of a Territory authority; or
(ii) property of a Territory authority; or
(iii) other resources of a Territory authority.
(4) Regulations made for the purposes of subsection (1) may confer
functions or powers on:
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(a) the Auditor-General; or
(b) the Minister for Finance; or
(c) the Chief Executive Officer; or
(d) the responsible manager or managers of a Territory authority.
(5) Subsections (2), (3) and (4) do not limit subsection (1).
(6) If an enactment is inconsistent with regulations made for the
purposes of subsection (1), the enactment has no effect to the
extent of the inconsistency.
48T Commonwealth Finance Minister’s Orders
(1) The Commonwealth Finance Minister may, by legislative
instrument, make Orders:
(a) on any matter on which this Act requires or permits
Commonwealth Finance Minister’s Orders to be made; and
(b) on any matter on which regulations may be made for the
purposes of:
(i) subsection 48R(1); or
(ii) subsection 48S(1).
(2) An Order cannot create offences or impose penalties.
(3) If an enactment is inconsistent with an Order, the enactment has no
effect to the extent of the inconsistency.
118 Before section 49
Insert:
Division 3—Borrowing etc.
119 Sections 51, 51A, 51B, 51C, 51D, 51E, 51F and 51G
Repeal the sections, substitute:
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Division 4—Commonwealth Ministers to be kept informed
51 Minister for Finance must keep responsible Commonwealth
Minister informed
(1) The Minister for Finance must give the responsible
Commonwealth Minister such reports, documents and information
in relation to the operations of the Administration as the
responsible Commonwealth Minister requires.
(2) A report, document or information required under subsection (1)
must be relevant to:
(a) this Part; or
(b) regulations made for the purposes of this Part; or
(c) the Commonwealth Finance Minister’s Orders.
(3) The Minister for Finance must comply with requirements under
subsection (1) within the time limits set by the responsible
Commonwealth Minister.
51A Minister for Finance must keep Commonwealth Finance
Minister informed
(1) The Minister for Finance must give the Commonwealth Finance
Minister such reports, documents and information in relation to the
operations of the Administration as the Commonwealth Finance
Minister requires.
(2) A report, document or information required under subsection (1)
must be relevant to:
(a) this Part; or
(b) regulations made for the purposes of this Part; or
(c) the Commonwealth Finance Minister’s Orders.
(3) The Minister for Finance must comply with requirements under
subsection (1) within the time limits set by the Commonwealth
Finance Minister.
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51B Responsible manager or managers of Territory authority must
keep responsible Commonwealth Minister informed
(1) The responsible manager or managers of a Territory authority must
give the responsible Commonwealth Minister such reports,
documents and information in relation to the operations of the
authority as the responsible Commonwealth Minister requires.
(2) A report, document or information required under subsection (1)
must be relevant to:
(a) this Part; or
(b) regulations made for the purposes of this Part; or
(c) the Commonwealth Finance Minister’s Orders.
(3) The responsible manager or managers must comply with
requirements under subsection (1) within the time limits set by the
responsible Commonwealth Minister.
51C Responsible manager or managers of Territory authority must
keep Commonwealth Finance Minister informed
(1) The responsible manager or managers of a Territory authority must
give the Commonwealth Finance Minister such reports, documents
and information in relation to the operations of the authority as the
Commonwealth Finance Minister requires.
(2) A report, document or information required under subsection (1)
must be relevant to:
(a) this Part; or
(b) regulations made for the purposes of this Part; or
(c) the Commonwealth Finance Minister’s Orders.
(3) The responsible manager or managers must comply with
requirements under subsection (1) within the time limits set by the
Commonwealth Finance Minister.
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Division 5—Commonwealth Financial Officer for Norfolk
Island
51D Commonwealth Financial Officer for Norfolk Island
(1) The regulations may provide that there is to be a Commonwealth
Financial Officer for Norfolk Island.
(2) If the regulations do so, the regulations must provide that the
Commonwealth Financial Officer for Norfolk Island is to:
(a) be appointed by the Governor-General; and
(b) hold office during the pleasure of the Governor-General.
(3) The regulations may:
(a) provide that the Commonwealth Financial Officer for
Norfolk Island is entitled at all reasonable times to full and
free access to all accounts, records, documents and papers
relating directly or indirectly to:
(i) the receipt or payment of money by the Administration
or a Territory authority; or
(ii) the acquisition, receipt, custody or disposal of assets by
the Administration or a Territory authority; and
(b) provide that the Commonwealth Financial Officer for
Norfolk Island is entitled to make copies of, or take extracts
from, any such accounts, records, documents or papers.
(4) If an enactment is inconsistent with regulations made for the
purposes of subsection (3), the enactment has no effect to the
extent of the inconsistency.
(5) Regulations made for the purposes of subsection 48R(1) or 48S(1)
may confer functions and powers on the Commonwealth Financial
Officer for Norfolk Island.
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Division 6—Injunctions
51E Injunctions—enforcement of financial management and
accountability provisions
Restraining injunctions
(1) If a person has engaged, is engaging or is proposing to engage, in
any conduct in contravention of any of the financial management
and accountability provisions, the Federal Court may, on the
application of the responsible Commonwealth Minister, grant an
injunction:
(a) restraining the person from engaging in the conduct; and
(b) if, in the Court’s opinion, it is desirable to do so—requiring
the person to do something.
Performance injunctions
(2) If:
(a) a person has refused or failed, or is refusing or failing, or is
proposing to refuse or fail, to do an act or thing; and
(b) the refusal or failure was, is or would be a contravention of
any of the financial management and accountability
provisions;
the Federal Court may, on the application of the responsible
Commonwealth Minister, grant an injunction requiring the person
to do that act or thing.
Grant of interim injunction
(3) If an application is made to the Federal Court for an injunction
under subsection (1), the Court may, before considering the
application, grant an interim injunction restraining a person from
engaging in conduct of a kind referred to in that subsection.
No undertakings as to damages
(4) The Federal Court is not to require an applicant for an injunction
under subsection (1), as a condition of granting an interim
injunction, to give any undertakings as to damages.
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Discharge or variation of injunctions
(5) The Federal Court may discharge or vary an injunction granted
under this section.
Certain limits on granting injunctions not to apply
(6) The power of the Federal Court under this section to grant an
injunction restraining a person from engaging in conduct of a
particular kind may be exercised:
(a) if the Court is satisfied that the person has engaged in
conduct of that kind—whether or not it appears to the Court
that the person intends to engage again, or to continue to
engage, in conduct of that kind; or
(b) if it appears to the Court that, if an injunction is not granted,
it is likely that the person will engage in conduct of that
kind—whether or not the person has previously engaged in
conduct of that kind and whether or not there is an imminent
danger of substantial damage to any person if the person
engages in conduct of that kind.
(7) The power of the Federal Court under this section to grant an
injunction requiring a person to do an act or thing may be
exercised:
(a) if the Court is satisfied that the person has refused or failed to
do that act or thing—whether or not it appears to the Court
that the person intends to refuse or fail again, or to continue
to refuse or fail, to do that act or thing; or
(b) if it appears to the Court that, if an injunction is not granted,
it is likely that the person will refuse or fail to do that act or
thing—whether or not the person has previously refused or
failed to do that act or thing and whether or not there is an
imminent danger of substantial damage to any person if the
person refuses or fails to do that act or thing.
Other powers of the Federal Court unaffected
(8) The powers conferred on the Federal Court under this section are
in addition to, and not instead of, any other powers of the Court,
whether conferred by this Act or otherwise.
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120 Application—annual budgets
Section 48A of the Norfolk Island Act 1979 as amended by this Part
applies in relation to annual budgets for:
(a) the financial year beginning on 1 July 2011; or
(b) a later financial year.
121 Application—annual financial statements
Section 48B of the Norfolk Island Act 1979 as amended by this Part
applies in relation to financial statements for:
(a) the financial year beginning on 1 July 2011; or
(b) a later financial year.
122 Application—periodic financial statements
Section 48H of the Norfolk Island Act 1979 as amended by this Part
applies in relation to financial statements for periods that begin on or
after 1 July 2011.
123 Application—annual reports
Section 48J of the Norfolk Island Act 1979 as amended by this Part
applies in relation to annual reports for:
(a) the financial year beginning on 1 July 2011; or
(b) a later financial year.
124 Transitional—audit
Despite the following repeals effected by this Part:
(a) the repeal of the definition of accounts of the Territory in
subsection 4(1);
(b) the repeal of the definition of Auditor in subsection 4(1);
(c) the repeal of sections 51, 51A, 51B, 51C, 51D, 51E, 51F and
51G;
the Norfolk Island Act 1979 continues to apply, after the
commencement of this item, in relation to:
(d) an inspection and audit under section 51C of the Norfolk
Island Act 1979 that relates to:
(i) the financial year that began on 1 July 2010; or
(ii) an earlier financial year; and
(e) a report on the inspection and audit;
as if those repeals had not been effected.
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125 Transitional—pre-commencement appropriation
If any issue or expenditure of money was authorised by an enactment
that commenced before the commencement of this item, subsection
48(1) of the Norfolk Island Act 1979 as amended by this Part has effect
as if the issue or expenditure had been authorised by an appropriation
made by an enactment.
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Administrative Appeals Tribunal Act 1975
126 Subsection 3(1)
Insert:
authority of Norfolk Island means an authority, tribunal or other
body, whether incorporated or not, that is established by a Norfolk
Island enactment.
127 Subsection 3(1) (paragraph (b) of the definition of enactment)
Omit “or the Australian Capital Territory”, substitute “, the Australian
Capital Territory or Norfolk Island”.
128 Subsection 3(1) (at the end of the definition of enactment)
Add:
Note: See also subsection 25(8) (Norfolk Island enactments).
129 Subsection 3(1)
Insert:
Norfolk Island enactment means:
(a) an enactment (within the meaning of the Norfolk Island Act
1979); or
(b) an instrument (including rules, regulations or by-laws) made
under such an enactment;
and includes a Norfolk Island enactment as amended by another
Norfolk Island enactment.
130 Subsection 3(1)
Insert:
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Norfolk Island Justice Minister means the Norfolk Island Minister
who is responsible, or principally responsible, for the
administration of the Interpretation Act 1979 of Norfolk Island.
131 Subsection 3(1)
Insert:
Norfolk Island Minister means a Minister of Norfolk Island.
132 After subsection 25(1)
Insert:
(2) The regulations may provide that applications may be made to the
Tribunal for review of decisions made in the exercise of powers
conferred by a Norfolk Island enactment.
133 Subsection 25(3)
After “(1)”, insert “or (2)”.
134 After subsection 25(5)
Insert:
(5A) For the purposes of regulations that make provision in accordance
with this section for the making of applications to the Tribunal for
review of decisions made in the exercise of powers conferred by a
Norfolk Island enactment, a failure by a person to do an act or
thing within the period prescribed by:
(a) that Norfolk Island enactment; or
(b) another Norfolk Island enactment having effect under that
Norfolk Island enactment;
as the period within which that person is required or permitted to
do that act or thing is taken to constitute the making of a decision
by that person at the end of that period not to do that act or thing.
135 At the end of section 25
Add:
Norfolk Island enactment
(8) If the regulations make provision in accordance with subsection (2)
for the making of applications to the Tribunal for review of
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decisions made in the exercise of powers conferred by a Norfolk
Island enactment (the primary Norfolk Island enactment), this
Act, other than:
(a) the definition of authority of the Commonwealth in
subsection 3(1); and
(b) subsections (1), (5) and (6) of this section; and
(c) subsection 21(1); and
(d) subsection 27(1); and
(e) paragraph 27A(2)(b); and
(f) paragraph 33(1)(a); and
(g) paragraph 43B(1)(a); and
(h) section 59;
has effect as if:
(i) the primary Norfolk Island enactment; and
(j) any other Norfolk Island enactment, in so far as it relates to
the primary Norfolk Island enactment;
were an enactment (within the meaning of this Act).
136 Paragraph 26(1)(a)
Before “the enactment”, insert “if regulations made for the purposes of
subsection 25(2) (which deals with Norfolk Island) did not authorise the
making of the application—”.
137 After paragraph 26(1)(a)
Insert:
(aa) if regulations made for the purposes of subsection 25(2)
authorised the making of the application—the Norfolk Island
enactment under which the decision was made expressly
permits the decision to be altered; or
138 Subsection 27(1)
After “authority of the Commonwealth”, insert “or Norfolk Island or an
authority of Norfolk Island”.
139 At the end of subsection 27(1)
Add:
Note: The enactment may be regulations made for the purposes of subsection 25(2) (review of decisions made in the exercise of powers conferred by a Norfolk Island enactment).
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140 Paragraph 27A(2)(a)
After “25(5)”, insert “or (5A)”.
141 Paragraph 29(1)(d)
After “25(5)”, insert “or (5A)”.
142 Subsection 29(3)
After “25(5)” (wherever occurring), insert “or (5A)”.
143 At the end of section 36B
Add:
Norfolk Island
(6) In this section:
Attorney-General, in relation to Norfolk Island, means the Norfolk
Island Justice Minister.
Cabinet, in relation to Norfolk Island, means a body that:
(a) consists of Norfolk Island Ministers; and
(b) corresponds to the Cabinet.
State includes Norfolk Island.
144 At the end of section 36C
Add:
Norfolk Island
(4) In this section:
Attorney-General, in relation to Norfolk Island, means the Norfolk
Island Justice Minister.
State includes Norfolk Island.
145 At the end of section 36D
Add:
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Norfolk Island
(8) In this section:
Attorney-General, in relation to Norfolk Island, means the Norfolk
Island Justice Minister.
State includes Norfolk Island.
146 At the end of subsection 43B(1)
Add:
Note: The enactment may be regulations made for the purposes of subsection 25(2) (review of decisions made in the exercise of powers conferred by a Norfolk Island enactment).
147 Section 59
Before “If an enactment”, insert “(1)”.
148 At the end of section 59
Add:
(2) If the regulations so provide, the Tribunal may give an advisory
opinion on a matter or question:
(a) arising under a Norfolk Island enactment; and
(b) referred to the Tribunal in accordance with the regulations;
and, for the purpose of giving such an opinion, the Tribunal may
hold such hearings and inform itself in such manner as it thinks
appropriate.
149 Subsection 66(4)
Insert:
enactment includes a Norfolk Island enactment.
150 Section 66A
Before “If:”, insert “(1)”.
151 At the end of section 66A
Add:
(2) In this section:
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enactment includes a Norfolk Island enactment.
152 Section 67A
Before “A notice”, insert “(1)”.
153 Section 67A
After “a decision”, insert “(other than a decision under a Norfolk Island
enactment)”.
154 At the end of section 67A
Add:
(2) A notice that is required or permitted by this Act to be given to the
person who made a decision under a Norfolk Island enactment may
be given to the Chief Executive Officer (within the meaning of the
Public Sector Management Act 2000 of Norfolk Island).
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Part 5—Amendments relating to freedom of information
Freedom of Information Act 1982
155 Subsection 3(1)
After “the Commonwealth”, insert “or the Government of Norfolk
Island”.
156 Subsection 4(1) (definition of agency)
Omit “or a prescribed authority”, substitute “, a prescribed authority or
a Norfolk Island authority”.
157 Subsection 4(1)
Insert:
Australia, when used in a geographical sense, includes Norfolk
Island.
158 Subsection 4(1) (definition of Cabinet)
Repeal the definition, substitute:
Cabinet includes:
(a) a committee of the Cabinet; and
(b) a body that:
(i) consists of Norfolk Island Ministers; and
(ii) corresponds to the Cabinet.
159 Subsection 4(1) (paragraph (a) of the definition of Commonwealth contract)
After “the Commonwealth”, insert “, Norfolk Island”.
160 Subsection 4(1) (subparagraph (b)(iii) of the definition of Commonwealth contract)
After “the Commonwealth”, insert “, Norfolk Island”.
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161 Subsection 4(1)
Insert:
Minister includes a Norfolk Island Minister.
162 Subsection 4(1)
Insert:
Norfolk Island authority means:
(a) a public sector agency (within the meaning of the Public
Sector Management Act 2000 of Norfolk Island); or
(b) a body (whether incorporated or not) established for a public
purpose by or under a Norfolk Island enactment, other than a
body established or registered under:
(i) the Companies Act 1985 of Norfolk Island; or
(ii) the Associations Incorporation Act 2005 of Norfolk
Island; or
(c) a body established or appointed by:
(i) the Administrator of Norfolk Island; or
(ii) a Norfolk Island Minister;
otherwise than by or under a Norfolk Island enactment; or
(d) a person holding or performing the duties of:
(i) an office established by or under a Norfolk Island
enactment; or
(ii) an appointment made under a Norfolk Island enactment;
or
(e) a person holding or performing the duties of an appointment,
where the appointment was made by:
(i) the Administrator of Norfolk Island; or
(ii) a Norfolk Island Minister;
otherwise than under a Norfolk Island enactment.
163 Subsection 4(1)
Insert:
Norfolk Island enactment means:
(a) an enactment (within the meaning of the Norfolk Island Act
1979); or
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(b) an instrument (including rules, regulations or by-laws) made
under such an enactment;
and includes a Norfolk Island enactment as amended by another
Norfolk Island enactment.
164 Subsection 4(1)
Insert:
Norfolk Island Minister means a Minister of Norfolk Island.
165 Subsection 4(1) (at the end of the definition of principal officer)
Add:
; or (c) in relation to a Norfolk Island authority—the person holding,
or performing the duties of, the office of Chief Executive
Officer under the Public Sector Management Act 2000 of
Norfolk Island.
166 Subsection 4(1) (at the end of paragraph (d) of the definition of responsible Minister)
Add “or”.
167 Subsection 4(1) (after paragraph (d) of the definition of responsible Minister)
Insert:
(e) in relation to a Norfolk Island authority—the Chief Minister
of Norfolk Island;
168 After subsection 4(3)
Insert:
(3A) If an unincorporated body consists of a board, council, committee,
sub-committee or other body established by or under a Norfolk
Island enactment for the purpose of assisting, or performing
functions connected with, a Norfolk Island authority:
(a) the unincorporated body is taken not to be a Norfolk Island
authority for the purposes of this Act; and
(b) the unincorporated body is taken to be comprised within that
Norfolk Island authority.
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(3B) A person is not taken to be a Norfolk Island authority:
(a) because he or she holds:
(i) an office of member of the Legislative Assembly of
Norfolk Island; or
(ii) the office of Administrator of Norfolk Island; or
(iii) an office of Deputy Administrator of Norfolk Island; or
(iv) an office of Norfolk Island Minister; or
(b) because he or she holds, or performs the duties of:
(i) a prescribed office; or
(ii) 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
(iii) an office of member of a Norfolk Island authority; or
(iv) an office established by a Norfolk Island enactment for
the purposes of a Norfolk Island authority.
169 After section 4A
Insert:
4B Extension to Norfolk Island
This Act extends to Norfolk Island.
170 Section 5
Before “For the purposes”, insert “(1)”.
171 Paragraph 5(a)
After “court”, insert “(other than a court of Norfolk Island)”.
172 Paragraph 5(b)
After “judicial office”, insert “(other than a judicial office in a court of
Norfolk Island)”.
173 Paragraph 5(b)
After “a court”, insert “(other than a court of Norfolk Island)”.
174 Paragraph 5(c)
After “a court”, insert “(other than a court of Norfolk Island)”.
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175 At the end of section 5
Add:
(2) For the purposes of this Act:
(a) a court of Norfolk Island is taken to be a Norfolk Island
authority; and
(b) if a person is the holder of a judicial office in a court of
Norfolk Island—the person, in his or her capacity as the
holder of the office, is taken not to be a Norfolk Island
authority and is not to be included in a Norfolk Island
authority; and
(c) if:
(i) a person is the holder of an office (other than a judicial
office) that relates to a court of Norfolk Island; and
(ii) the office is established by a Norfolk Island enactment;
the person, in his or her capacity as the holder of the office, is
taken not to be a Norfolk Island authority and is not to be
included in a Norfolk Island authority; and
(d) a registry or other office of a court of Norfolk Island, and the
staff of such a registry or other office when acting in a
capacity as members of that staff, are taken to be a part of the
court;
but this Act does not apply to any request for access to a document
of the court unless the document relates to matters of an
administrative nature.
176 Paragraph 8(2)(d)
Repeal the paragraph, substitute:
(d) details of the following appointments:
(i) appointments of officers of the agency that are made
under Acts (other than APS employees within the
meaning of the Public Service Act 1999);
(ii) appointments of officers of the agency that are made
under Norfolk Island enactments (other than officers
appointed or employed under the Public Sector
Management Act 2000 of Norfolk Island);
177 At the end of paragraph 8(2)(e)
Add “or the Legislative Assembly of Norfolk Island”.
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178 Paragraph 8(2)(h)
After “provided to the Parliament”, insert “or the Legislative Assembly
of Norfolk Island”.
179 At the end of paragraph 8(2)(h)
Add “or the Legislative Assembly of Norfolk Island, as the case may
be”.
180 At the end of section 8 (before the notes)
Add:
Definition
(6) In this section:
enactment includes a Norfolk Island enactment.
181 At the end of section 8C
Add:
Definition
(4) In this section:
enactment includes a Norfolk Island enactment.
182 At the end of Part II
Add:
10B Transitional—Norfolk Island authorities
This Part does not apply to a Norfolk Island authority at any time
during the 2-year period beginning at the commencement of this
section.
183 After paragraph 11B(4)(a)
Insert:
(aa) access to the document could result in embarrassment to the
Government of Norfolk Island or cause a loss of confidence
in the Government of Norfolk Island;
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184 Section 12
Before “A person is not entitled”, insert “(1)”.
185 At the end of section 12
Add:
(2) A person is not entitled to obtain access under this Part to a
document or a part of a document that became:
(a) a document of a Norfolk Island agency; or
(b) an official document of a Norfolk Island Minister;
more than 5 years before the commencement of this subsection
unless:
(c) the document, or that part of the document, contains
information that is:
(i) personal information about that person; or
(ii) information relating to that person’s business,
commercial or financial affairs; or
(d) the document, or that part of the document, is a document or
a part of a document access to which is reasonably necessary
to enable a proper understanding of:
(i) a document of a Norfolk Island agency; or
(ii) an official document of a Norfolk Island Minister;
to which that person has lawfully had access.
(3) In this section:
enactment includes a Norfolk Island enactment.
186 Subsection 15(6)
After “26A,”, insert “26AA,”.
Note: The heading to subsection 15(6) is altered by inserting “26AA,” after “26A,”.
187 Paragraph 20(3)(c)
Omit “or a State”, substitute “, Norfolk Island or a State”.
188 At the end of paragraphs 21(1)(a) and (b)
Add “or”.
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189 At the end of subsection 21(1)
Add:
; or (e) if:
(i) the request is received by a Norfolk Island Minister or a
Norfolk Island authority; and
(ii) a Norfolk Island Minister considers that the document
concerned is of such general public interest that the
Legislative Assembly of Norfolk Island should be
informed of the contents of the document before the
document is otherwise made public;
until the end of 5 sitting days of the Legislative Assembly of
Norfolk Island.
190 Subparagraph 26A(1)(c)(i)
After “relations”, insert “etc.”.
191 At the end of section 26A
Add:
Definition
(6) In this section:
State includes Norfolk Island.
Note: The heading to section 26A is altered by adding at the end “etc.”.
192 After section 26A
Insert:
26AA Consultation—documents affecting Norfolk Island
intergovernmental relations
Scope
(1) This section applies if:
(a) either:
(i) arrangements have been entered into between Norfolk
Island and the Commonwealth about consultation under
this section; or
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(ii) arrangements have been entered into between Norfolk
Island and a State about consultation under this section;
and
(b) if subparagraph (a)(i) applies—a request is made to a Norfolk
Island authority or Norfolk Island Minister for access to a
document that:
(i) originated with, or was received from, the
Commonwealth or an authority of the Commonwealth;
or
(ii) contains information (Commonwealth-originated
information) that originated with, or was received from,
the Commonwealth or an authority of the
Commonwealth; and
(c) if subparagraph (a)(ii) applies—a request is made to a
Norfolk Island authority or Norfolk Island Minister for
access to a document that:
(i) originated with, or was received from, the State or an
authority of the State; or
(ii) contains information (State-originated information)
that originated with, or was received from, the State or
an authority of the State; and
(d) if subparagraph (a)(i) applies—it appears to the Norfolk
Island authority or Norfolk Island Minister that the
Commonwealth may reasonably wish to contend that:
(i) the document is conditionally exempt under section 47B
(Commonwealth-State relations etc.); and
(ii) access to the document would, on balance, be contrary
to the public interest for the purposes of subsection
11A(5); and
(e) if subparagraph (a)(ii) applies—it appears to the Norfolk
Island authority or Norfolk Island Minister that the State may
reasonably wish to contend that:
(i) the document is conditionally exempt under section 47B
(Commonwealth-State relations etc.); and
(ii) access to the document would, on balance, be contrary
to the public interest for the purposes of subsection
11A(5).
Note: Access must generally be given to a conditionally exempt document unless it would be contrary to the public interest (see section 11A).
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Consultation required
(2) The Norfolk Island authority or Norfolk Island Minister must not
decide to give the applicant access to the document unless
consultation has taken place between:
(a) if subparagraph (1)(a)(i) applies—Norfolk Island and the
Commonwealth in accordance with the arrangements
mentioned in that subparagraph; or
(b) if subparagraph (1)(a)(ii) applies—Norfolk Island and the
State in accordance with the arrangements mentioned in that
subparagraph.
Decision to give access
(3) If, after such consultation has taken place, the Norfolk Island
authority or Norfolk Island Minister decides to give the applicant
access to the document, the Norfolk Island authority or Norfolk
Island Minister must give written notice of the decision to:
(a) if subparagraph (1)(a)(i) applies—the Commonwealth; and
(b) if subparagraph (1)(a)(ii) applies—the State; and
(c) in any case—the applicant.
Access not to be given until review or appeal opportunities have
run out
(4) However, the Norfolk Island authority or Norfolk Island Minister
must not give the applicant access to the document unless, after all
the opportunities of:
(a) if subparagraph (1)(a)(i) applies—the Commonwealth; or
(b) if subparagraph (1)(a)(ii) applies—the State;
for review or appeal in relation to the decision to give access to the
document have run out, the decision still stands, or is confirmed.
Note 1: The decision to give access to the document is subject to internal review (see Part VI), review by the Information Commissioner (see Part VII) and review by the Tribunal (see Part VIIA).
Note 2: For when all opportunities for review or appeal in relation to the decision to give access to the document have run out, see subsection 4(1).
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Edited copies, Commonwealth-originated information and
State-originated information
(5) This section applies:
(a) in relation to an edited copy of a document in the same way
as it applies to the document; and
(b) in relation to a document containing
Commonwealth-originated information—to the extent to
which the document contains such information; and
(c) in relation to a document containing State-originated
information—to the extent to which the document contains
such information.
193 At the end of section 38
Add:
(4) In this section:
enactment includes a Norfolk Island enactment.
194 Subsection 45(1)
Omit “or the Commonwealth”, substitute “, the Commonwealth or
Norfolk Island”.
195 Subsection 45(2)
After “prescribed authority”, insert “or Norfolk Island authority”.
196 Paragraph 45(2)(b)
Omit “or the Commonwealth”, substitute “, the Commonwealth or
Norfolk Island”.
197 Subsection 47(3)
After “the Commonwealth”, insert “, Norfolk Island”.
198 Subsection 47A(1) (at the end of the definition of electoral roll)
Add:
; or (c) an electoral roll prepared under the Legislative Assembly Act
1979 of Norfolk Island; or
(d) any part of an electoral roll referred to in paragraph (c).
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199 At the end of section 47B (before the note)
Add:
; or (c) would, or could reasonably be expected to, cause damage to
relations between the Commonwealth and Norfolk Island; or
(d) would divulge information or matter communicated in
confidence by or on behalf of the Government of Norfolk
Island or an authority of Norfolk Island, to the Government
of the Commonwealth, to an authority of the Commonwealth
or to a person receiving the communication on behalf of the
Commonwealth or an authority of the Commonwealth; or
(e) would, or could reasonably be expected to, cause damage to
relations between Norfolk Island and a State; or
(f) would divulge information or matter communicated in
confidence by or on behalf of the Government of a State or
an authority of a State, to the Government of Norfolk Island,
to an authority of Norfolk Island or to a person receiving the
communication on behalf of Norfolk Island or of an authority
of Norfolk Island.
Note: The heading to section 47B is altered by adding at the end “etc.”.
200 Subsection 47C(1)
Omit all the words after “involved in”, substitute:
the functions of:
(a) an agency; or
(b) a Minister; or
(c) the Government of the Commonwealth; or
(d) the Government of Norfolk Island.
201 Section 47D
After “the Commonwealth”, insert “, of Norfolk Island”.
Note: The heading to section 47D is altered by adding at the end “or Norfolk Island”.
202 Paragraph 47E(c)
After “the Commonwealth”, insert “, by Norfolk Island”.
203 Paragraph 47G(1)(b)
After “to the Commonwealth”, insert “, Norfolk Island”.
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204 Subsection 47G(4)
After “the Commonwealth”, insert “, Norfolk Island”.
205 After subsection 47J(2)
Insert:
(2A) For the purposes of paragraph (2)(b), Norfolk Island is taken to be
a region of Australia.
206 Paragraph 47J(3)(g)
After “by the Commonwealth,”, insert “Norfolk Island,”.
207 Paragraph 47J(3)(g)
After “of the Commonwealth”, insert “, of Norfolk Island”.
208 Section 53B
Before “An access grant decision”, insert “(1)”.
209 Section 53B (note)
Omit “item 1”, substitute “items 1 and 1A”.
210 Section 53B (table item 1)
After “relations” (wherever occurring), insert “etc.”.
211 Section 53B (after table item 1)
Insert:
1A consultation with the
Commonwealth or a State
under section 26AA
(documents affecting Norfolk
Island intergovernmental
relations) is required
a decision of an agency or Minister to give
the applicant access to the document (or an
edited copy of the document) because:
(a) the document is not conditionally
exempt under section 47B
(Commonwealth-State relations etc.);
or
(b) access to the document would not, on
balance, be contrary to the public
interest for the purposes of subsection
11A(5).
212 At the end of section 53B
Add:
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(2) For the purposes of table item 1, State has the same meaning as in
section 26A.
213 Section 53C
Before “The following table”, insert “(1)”.
214 Section 53C (after table item 1)
Insert:
1A consultation with the
Commonwealth or a State
under section 26AA
the Commonwealth or the State, as the
case may be.
(documents affecting Norfolk
Island intergovernmental
relations) is required
215 At the end of section 53C
Add:
(2) For the purposes of table item 1, State has the same meaning as in
section 26A.
216 Paragraph 54P(1)(a)
After “26A,”, insert “26AA,”.
217 Paragraph 54S(2)(b)
After “26A,”, insert “26AA,”.
218 Subsection 54Y(2) (note)
Before “27”, insert “26AA (documents affecting Norfolk Island
intergovernmental relations),”.
219 Subsection 55G(1) (note)
Before “27”, insert “26AA (documents affecting Norfolk Island
intergovernmental relations),”.
220 At the end of section 55M
Add:
(3) In this section:
enactment includes a Norfolk Island enactment.
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221 At the end of section 58AA
Add:
(3) In this section:
enactment includes a Norfolk Island enactment.
222 Subsection 60AA(1)
After “26A,”, insert “26AA,”.
223 Subsection 61(2)
After “26A,”, insert “26AA,”.
224 At the end of subsection 66(1)
Add “or Norfolk Island”.
225 Subsection 74(1)
Omit “dealt with by the Ombudsman under the Ombudsman Act 1976.”,
substitute:
dealt with:
(a) by the Ombudsman under the Ombudsman Act 1976; or
(b) by the Ombudsman under a particular Norfolk Island
enactment.
226 Subsection 74(5)
Omit “A complaint”, substitute “If paragraph (1)(a) applies, a
complaint”.
227 At the end of section 74 (before the note)
Add:
(6) If paragraph (1)(b) applies, a complaint transferred under
subsection (3) is taken to be a complaint made to the Ombudsman
under the Norfolk Island enactment concerned.
228 At the end of section 89D
Add:
(4) In this section:
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enactment includes a Norfolk Island enactment.
229 At the end of section 89J
Add:
(3) In this section:
enactment includes a Norfolk Island enactment.
230 Subsection 90(1)
After “the Commonwealth,”, insert “Norfolk Island,”.
231 Subsection 91(1A)
After “26A,”, insert “26AA,”.
232 Subsection 91(1B)
After “the Commonwealth,”, insert “Norfolk Island,”.
233 Subsection 91(1B)
After “26A,”, insert “26AA,”.
234 After paragraph 91(1C)(a)
Insert:
(aa) consultation with the Commonwealth or a State under
subsection 26AA(2);
235 After paragraph 91(1C)(d)
After “the Commonwealth,”, insert “Norfolk Island,”.
236 After paragraph 91(2A)(a)
Insert:
(aa) consultation with the Commonwealth or a State under
subsection 26AA(2);
237 At the end of section 91
Add:
(4) For the purposes of paragraphs (1C)(a) and (2A)(a), State has the
same meaning as in section 26A.
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238 After paragraph 92(2)(a)
Insert:
(aa) consultation with the Commonwealth or a State under
subsection 26AA(2);
239 At the end of section 92
Add:
(3) For the purposes of paragraph (2)(a), State has the same meaning
as in section 26A.
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Amendments relating to the Ombudsman Part 6
Part 6—Amendments relating to the Ombudsman
Norfolk Island Act 1979
240 After section 66
Insert:
66A Reports by Ombudsman
Scope
(1) This section applies if an enactment:
(a) requires that the Commonwealth Ombudsman must give a
report to a Minister; and
(b) requires that the Minister must cause the report to be tabled
in the Legislative Assembly.
Requirement
(2) The Minister must give a copy of the report to the responsible
Commonwealth Minister.
(3) The responsible Commonwealth Minister must cause a copy of the
report to be tabled in each House of the Parliament within 15
sitting days of that House after the responsible Commonwealth
Minister receives the report.
Note: See also section 4 of the Ombudsman Act 1976.
Ombudsman Act 1976
241 At the end of subsection 4(2)
Add:
; or (d) an enactment of Norfolk Island.
242 At the end of section 4
Add:
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(6) The Commonwealth Ombudsman, in performing functions under
an enactment of Norfolk Island, may, if he or she so chooses, be
called the Norfolk Island Ombudsman.
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Amendments relating to privacy Part 7
Part 7—Amendments relating to privacy
Australian Capital Territory Government Service
(Consequential Provisions) Act 1994
243 After subsection 23(1)
Insert:
(1A) Until the day fixed for the purposes of subsection (1), the definition
of enactment in subsection 6(1) of the Privacy Act 1988 does not
imply that a reference in that Act to an enactment does not include
a reference to an ACT enactment.
Privacy Act 1988
244 Subsection 6(1) (after paragraph (h) of the definition of agency)
Insert:
(ha) a Norfolk Island agency; or
245 Subsection 6(1)
Insert:
Cabinet, in relation to Norfolk Island, means a body that:
(a) consists of Norfolk Island Ministers; and
(b) corresponds to the Cabinet.
246 Subsection 6(1) (definition of Commonwealth contract)
After “the Commonwealth”, insert “, Norfolk Island”.
247 Subsection 6(1)
Insert:
enactment includes a Norfolk Island enactment.
248 Subsection 6(1)
Insert:
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Norfolk Island agency means:
(a) a Norfolk Island Minister; or
(b) a public sector agency (within the meaning of the Public
Sector Management Act 2000 of Norfolk Island); or
(c) a body (whether incorporated or not), or a tribunal,
established for a public purpose by or under a Norfolk Island
enactment, other than a body established or registered under:
(i) the Companies Act 1985 of Norfolk Island; or
(ii) the Associations Incorporation Act 2005 of Norfolk
Island; or
(d) a body established or appointed by:
(i) the Administrator of Norfolk Island; or
(ii) a Norfolk Island Minister;
otherwise than by or under a Norfolk Island enactment; or
(e) a person holding or performing the duties of:
(i) an office established by or under a Norfolk Island
enactment; or
(ii) an appointment made under a Norfolk Island enactment;
or
(f) a person holding or performing the duties of an appointment,
where the appointment was made by:
(i) the Administrator of Norfolk Island; or
(ii) a Norfolk Island Minister;
otherwise than under a Norfolk Island enactment; or
(g) a court of Norfolk Island.
249 Subsection 6(1)
Insert:
Norfolk Island enactment means:
(a) an enactment (within the meaning of the Norfolk Island Act
1979); or
(b) an instrument (including rules, regulations or by-laws) made
under such an enactment;
and includes a Norfolk Island enactment as amended by another
Norfolk Island enactment.
250 Subsection 6(1)
Insert:
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Norfolk Island Justice Minister means the Norfolk Island Minister
who is responsible, or principally responsible, for the
administration of the Interpretation Act 1979 of Norfolk Island.
251 Subsection 6(1)
Insert:
Norfolk Island Minister means a Minister of Norfolk Island.
252 At the end of paragraphs 6(5)(a), (b) and (c)
Add “or”.
253 After paragraph 6(5)(c)
Insert:
(ca) an office established by or under a Norfolk Island enactment
for the purposes of a Norfolk Island agency; or
254 At the end of subsection 6(5)
Add:
; or (f) an office of member of a tribunal that is established by or
under a Norfolk Island enactment and that is prescribed for
the purposes of this paragraph.
255 After subsection 6(10)
Insert:
(10A) For the purposes of this Act, the Supreme Court of Norfolk Island
is taken not to be a federal court.
256 At the end of subparagraphs 7(1)(a)(i) and (ii)
Add “or”.
257 After subparagraph 7(1)(a)(ii)
Insert:
(iia) a court of Norfolk Island; or
258 At the end of subparagraph 7(1)(a)(iii)
Add “or”.
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259 After subparagraph 7(1)(a)(iii)
Insert:
(iiiaa) a Norfolk Island Minister; or
260 After paragraph 7(1)(b)
Insert:
(ba) an act done, or a practice engaged in, as the case may be, by a
court of Norfolk Island, being an act done, or a practice
engaged in, in respect of a matter of an administrative nature;
or
261 Paragraphs 7(1)(d) and (e)
After “other than”, insert “a Norfolk Island agency,”.
262 After paragraph 7(1)(e)
Insert:
(eaa) an act done, or a practice engaged in, as the case may be, by a
Norfolk Island Minister in relation to the affairs of a Norfolk
Island agency, not being an act done, or a practice engaged
in, in relation to an existing record; or
(eab) an act done, or a practice engaged in, as the case may be, by a
Norfolk Island Minister in relation to a record that is in the
Norfolk Island Minister’s possession in his or her capacity as
a Norfolk Island Minister and relates to the affairs of a
Norfolk Island agency; or
263 Paragraph 8(1)(b)
After “Commonwealth enactment”, insert “or a Norfolk Island
enactment”.
264 Subsection 9(3)
After “Commonwealth enactment”, insert “or a Norfolk Island
enactment”.
265 Subsection 10(3)
After “Commonwealth enactment”, insert “or a Norfolk Island
enactment”.
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266 Subsection 11(3)
After “Commonwealth enactment”, insert “or a Norfolk Island
enactment”.
267 After subsection 15(1)
Insert:
(1A) Information Privacy Principles 1, 2, 3, 10 and 11 do not apply to
information collected by a Norfolk Island agency before the
commencement of this subsection.
268 Before section 16
Insert:
15B Special provision relating to the application of the Information
Privacy Principles in relation to Norfolk Island
In relation to a record-keeper that is a Norfolk Island agency, a
reference in Information Privacy Principle 5, 6 or 7 to a law of the
Commonwealth includes a reference to a Norfolk Island
enactment.
269 Paragraph 27(1)(b)
Before “) a proposed”, insert “or a Norfolk Island Minister”.
270 Paragraph 27(1)(f)
Before “, agency”, insert “, a Norfolk Island Minister”.
271 Paragraph 27(1)(k)
Before “) a proposal”, insert “or a Norfolk Island Minister”.
272 Paragraph 30(3)(d)
Before “responsible”, insert “or Norfolk Island Minister (if any)”.
273 Subsection 30(4)
Before “responsible”, insert “or Norfolk Island Minister (if any)”.
274 At the end of section 33
Add:
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Norfolk Island
(5) In this section:
State includes Norfolk Island.
275 At the end of Division 3 of Part IV
Add:
33B Copies of certain reports to be given to the Norfolk Island
Justice Minister
(1) If:
(a) the Commissioner gives a report to the Minister under
section 30, 31 or 32; and
(b) the report relates to a Norfolk Island matter;
the Commissioner must, at the same time, give a copy of the report
to the Norfolk Island Justice Minister.
(2) For the purposes of this section, a report relates to a Norfolk Island
matter if:
(a) in the case of a report under section 30—the report relates to
an act or practice of a Norfolk Island agency; or
(b) in the case of a report under section 31—the report relates to
a proposed Norfolk Island enactment; or
(c) in the case of a report under section 32—the report relates to
an activity or audit of a Norfolk Island agency.
276 Paragraph 34(2)(a)
Before “, being”, insert “or a Norfolk Island Minister”.
277 At the end of paragraph 34(2)(b)
Add “or a Norfolk Island Minister”.
278 Section 37 (after table item 5)
Insert:
5A A public sector agency (within the
meaning of the Public Sector
Management Act 2000 of Norfolk
Island)
The Chief Executive Officer (within
the meaning of the Public Sector
Management Act 2000 of Norfolk
Island)
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5B An unincorporated body, or a The Chief Executive Officer (within
tribunal, referred to in paragraph (c) the meaning of the Public Sector
of the definition of Norfolk Island Management Act 2000 of Norfolk
agency in subsection 6(1) Island)
5C A body referred to in paragraph (d) The Chief Executive Officer (within
of the definition of Norfolk Island the meaning of the Public Sector
agency in subsection 6(1) Management Act 2000 of Norfolk
Island)
5D A court of Norfolk Island The registrar or principal registrar of
the court or the person occupying an
equivalent office
279 Subsection 43(7)
Before “that the matter”, insert “or Norfolk Island Minister (if any)”.
280 Subsection 43(8)
Before “concerned”, insert “or a Norfolk Island Minister”.
281 Subsection 43(8A)
After “a Minister”, insert “or a Norfolk Island Minister”.
282 At the end of paragraph 43(9)(b)
Add “or Norfolk Island Minister”.
283 Subsection 50(1)
Insert:
Norfolk Island Public Service Board means the Public Service
Board established under the Public Sector Management Act 2000
of Norfolk Island.
284 After subparagraph 50(2)(a)(ii)
Insert:
(iia) to the Ombudsman under a particular Norfolk Island
enactment; or
285 At the end of paragraph 50(2)(b)
Add “or”.
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286 After paragraph 50(2)(b)
Insert:
(ba) an application with respect to that matter has been, or could
have been, made by the complainant to the Norfolk Island
Public Service Board under the Public Sector Management
Act 2000 of Norfolk Island;
287 After subparagraph 50(3)(a)(ii)
Insert:
(iia) to the Ombudsman under the Norfolk Island enactment
concerned; or
288 At the end of paragraph 50(3)(b)
Add “or”.
289 After paragraph 50(3)(b)
Insert:
(c) an application made to the Norfolk Island Public Service
Board under the Public Sector Management Act 2000 of
Norfolk Island;
290 Before subsection 60(3)
Insert:
(2B) If a determination relates to a Norfolk Island agency, the reference
in subsection (2) to the Commonwealth is to be read as a reference
to Norfolk Island.
291 At the end of section 66
Add:
Norfolk Island
(12) In this section:
Attorney-General, in relation to Norfolk Island, means the Norfolk
Island Justice Minister.
State includes Norfolk Island.
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292 At the end of subsection 68(1)
Add “or documents in respect of which the Norfolk Island Justice
Minister has given a certificate under subsection 70(4)”.
293 At the end of section 70
Add:
(4) If the Norfolk Island Justice Minister gives to the Commissioner a
certificate certifying that:
(a) the giving to the Commissioner of information concerning a
specified matter (including the giving of information in
answer to a question); or
(b) the production to the Commissioner of a specified document
or other record;
would be contrary to the public interest because it would:
(c) involve the disclosure of communications between a Norfolk
Island Minister and a Minister of the Commonwealth or of a
State, being a disclosure that would prejudice relations
between the Government of Norfolk Island and the
Government of the Commonwealth or of a State; or
(d) involve the disclosure of deliberations or decisions of the
Cabinet of Norfolk Island; or
(e) prejudice the conduct of an investigation or inquiry into
crime or criminal activity that is currently being pursued, or
prejudice the fair trial of any person; or
(f) disclose, or enable a person to ascertain, the existence or
identity of a confidential source of information in relation to
the enforcement of the criminal law; or
(g) prejudice the effectiveness of the operational methods or
investigative practices or techniques of agencies responsible
for the enforcement of the criminal law; or
(h) endanger the life or physical safety of any person;
the Commissioner is not entitled to require a person to give any
information concerning the matter or to produce the document or
other record.
294 Subsection 80G(1) (definition of secrecy provision)
Omit “, including a provision of this Act,”, substitute “(including a
provision of this Act), or of a Norfolk Island enactment,”.
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295 After subsection 80R(1)
Insert:
(1A) The operation of this Part is not limited by a secrecy provision of a
Norfolk Island enactment (whether made before or after the
commencement of this subsection) except to the extent that the
secrecy provision expressly excludes the operation of this
subsection.
296 At the end of section 89
Add:
; or (c) that arises under or by virtue of a Norfolk Island enactment
that is in force.
297 Application—Commonwealth contracts
To the extent that the amendment of the definition of Commonwealth
contract in subsection 6(1) of the Privacy Act 1988 made by this Part is
relevant to section 95B of that Act, the amendment applies in relation to
a contract entered into after the commencement of this item.
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Schedule 2—Amendments relating to Christmas Island
Christmas Island Act 1958
1 Section 8G
Repeal the section, substitute:
8G Powers and functions under the applied Western Australian
laws
Vesting of powers in the Minister
(1) If a power is vested in:
(a) a Minister of Western Australia; or
(b) the Governor of Western Australia; or
(c) the Governor-in-Council of Western Australia;
by a Western Australian law in force in the Territory under
section 8A, the power is, in relation to the Territory, vested in the
Minister instead of the person or authority mentioned in
paragraph (a), (b) or (c).
(2) If:
(a) a power is vested in a person (other than a court officer of
Western Australia) or an authority (other than a court of
Western Australia) by a Western Australian law in force in
the Territory under section 8A; and
(b) subsection (1) does not apply to the power;
the power is, in relation to the Territory, vested in the Minister
instead of the person or authority mentioned in paragraph (a).
Delegation etc.
(3) If a power is vested in the 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.
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(4) A person or authority in whom a power is vested under
paragraph (3)(a) may, if the person is so empowered by the
Minister in the direction, delegate the power, in writing, to a
specified person.
(5) If:
(a) a power is vested in the Minister under subsection (2); and
(b) a person, or an authority, who is:
(i) an officer or employee of Western Australia; or
(ii) an authority of Western Australia; or
(iii) an officer or employee of an authority of Western
Australia;
is subject to an arrangement under section 8H; and
(c) the power corresponds to a power that the person or authority
is authorised, under a law in force in Western Australia, to
exercise in, or in a part of, Western Australia:
(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 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 Western
Australia.
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Amendments relating to Christmas Island Schedule 2
(10) This section does not affect the operation of section 8A in relation
to the application in or in relation to the Territory of a law (a
subordinate law) made under a Western Australian law, whether
the subordinate law is made after this section’s commencement or
not.
(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).
authority of Western Australia means an authority established by
or under a Western Australian law.
power includes function or duty, and, in that context, exercise
means perform.
2 Subsection 8H(2)
Omit all the words after “duties”, substitute:
by:
(a) an officer or employee of Western Australia; or
(b) an authority of Western Australia (within the meaning of
section 8G); or
(c) an officer or employee of an authority of Western Australia
(within the meaning of section 8G);
in or in relation to the Territory.
3 Transitional—directions under paragraph 8G(3)(a) of the Christmas Island Act 1958
(1) This item applies to a direction if:
(a) the direction was given under paragraph 8G(3)(a) of the
Christmas Island Act 1958; and
(b) the direction was in force immediately before the
commencement of this item.
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Schedule 2 Amendments relating to Christmas Island
(2) The direction has effect, after the commencement of this item, as if it
had been given under paragraph 8G(3)(a) of the Christmas Island Act
1958 as amended by this Schedule.
4 Transitional—delegations under paragraph 8G(3)(b) of the Christmas Island Act 1958
(1) This item applies to a delegation if:
(a) the delegation was made under paragraph 8G(3)(b) of the
Christmas Island Act 1958; and
(b) the delegation was in force immediately before the
commencement of this item.
(2) The delegation has effect, after the commencement of this item, as if it
had been made under paragraph 8G(3)(b) of the Christmas Island Act
1958 as amended by this Schedule.
5 Transitional—delegations under subsection 8G(4) of the Christmas Island Act 1958
(1) This item applies to a delegation if:
(a) the delegation was made under subsection 8G(4) of the
Christmas Island Act 1958; and
(b) the delegation was in force immediately before the
commencement of this item.
(2) The delegation has effect, after the commencement of this item, as if it
had been made under subsection 8G(4) of the Christmas Island Act
1958 as amended by this Schedule.
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Amendments relating to the Cocos (Keeling) Islands Schedule 3
Schedule 3—Amendments relating to the Cocos (Keeling) Islands
Cocos (Keeling) Islands Act 1955
1 Section 8G
Repeal the section, substitute:
8G Powers and functions under the applied Western Australian
laws
Vesting of powers in the Minister
(1) If a power is vested in:
(a) a Minister of Western Australia; or
(b) the Governor of Western Australia; or
(c) the Governor-in-Council of Western Australia;
by a Western Australian law in force in the Territory under
section 8A, the power is, in relation to the Territory, vested in the
Minister instead of the person or authority mentioned in
paragraph (a), (b) or (c).
(2) If:
(a) a power is vested in a person (other than a court officer of
Western Australia) or an authority (other than a court of
Western Australia) by a Western Australian law in force in
the Territory under section 8A; and
(b) subsection (1) does not apply to the power;
the power is, in relation to the Territory, vested in the Minister
instead of the person or authority mentioned in paragraph (a).
Delegation etc.
(3) If a power is vested in the 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.
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Schedule 3 Amendments relating to the Cocos (Keeling) Islands
(4) A person or authority in whom a power is vested under
paragraph (3)(a) may, if the person is so empowered by the
Minister in the direction, delegate the power, in writing, to a
specified person.
(5) If:
(a) a power is vested in the Minister under subsection (2); and
(b) a person, or an authority, who is:
(i) an officer or employee of Western Australia; or
(ii) an authority of Western Australia; or
(iii) an officer or employee of an authority of Western
Australia;
is subject to an arrangement under section 8H; and
(c) the power corresponds to a power that the person or authority
is authorised, under a law in force in Western Australia, to
exercise in, or in a part of, Western Australia:
(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 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 Western
Australia.
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Amendments relating to the Cocos (Keeling) Islands Schedule 3
(10) This section does not affect the operation of section 8A in relation
to the application in or in relation to the Territory of a law (a
subordinate law) made under a Western Australian law, whether
the subordinate law is made after this section’s commencement or
not.
(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).
authority of Western Australia means an authority established by
or under a Western Australian law.
power includes function or duty, and, in that context, exercise
means perform.
2 Subsection 8H(2)
Omit all the words after “duties”, substitute:
by:
(a) an officer or employee of Western Australia; or
(b) an authority of Western Australia (within the meaning of
section 8G); or
(c) an officer or employee of an authority of Western Australia
(within the meaning of section 8G);
in or in relation to the Territory.
3 Transitional—directions under paragraph 8G(3)(a) of the Cocos (Keeling) Islands Act 1955
(1) This item applies to a direction if:
(a) the direction was given under paragraph 8G(3)(a) of the
Cocos (Keeling) Islands Act 1955; and
(b) the direction was in force immediately before the
commencement of this item.
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Schedule 3 Amendments relating to the Cocos (Keeling) Islands
(2) The direction has effect, after the commencement of this item, as if it
had been given under paragraph 8G(3)(a) of the Cocos (Keeling)
Islands Act 1955 as amended by this Schedule.
4 Transitional—delegations under paragraph 8G(3)(b) of the Cocos (Keeling) Islands Act 1955
(1) This item applies to a delegation if:
(a) the delegation was made under paragraph 8G(3)(b) of the
Cocos (Keeling) Islands Act 1955; and
(b) the delegation was in force immediately before the
commencement of this item.
(2) The delegation has effect, after the commencement of this item, as if it
had been made under paragraph 8G(3)(b) of the Cocos (Keeling)
Islands Act 1955 as amended by this Schedule.
5 Transitional—delegations under subsection 8G(4) of the Cocos (Keeling) Islands Act 1955
(1) This item applies to a delegation if:
(a) the delegation was made under subsection 8G(4) of the
Cocos (Keeling) Islands Act 1955; and
(b) the delegation was in force immediately before the
commencement of this item.
(2) The delegation has effect, after the commencement of this item, as if it
had been made under subsection 8G(4) of the Cocos (Keeling) Islands
Act 1955 as amended by this Schedule.
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Notes to the Territories Law Reform Act 2010
Table of Acts
Notes to the Territories Law Reform Act 2010
Note 1
The Territories Law Reform Act 2010 as shown in this compilation comprises
Act No. 139, 2010 amended as indicated in the Tables below.
Table of Acts
Act Number Date Date of Application, and year of Assent commencement saving or
transitional provisions
Territories Law Reform 139, 2010 10 Dec 2010 See s. 2(1) Act 2010
Statute Law Revision Act 136, 2012 22 Sept 2012 Schedule 2 — 2012 (item 42): (a)
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Notes to the Territories Law Reform Act 2010
Act Notes
(a) Subsection 2(1) (item 32) of the Statute Law Revision Act 2012 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
32. Schedule 2,
item 42
Immediately after the time specified in the
Territories Law Reform Act 2010 for the
commencement of item 210 of Schedule 1 to that
Act.
1 January 2011
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Notes to the Territories Law Reform Act 2010
Table of Amendments
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected How affected
Schedule 1
Part 5
Item 210 ................................... am. No. 136, 2012
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