Territories Law Reform Act 2010
No. 139, 2010
An Act to amend the law relating to Norfolk Island, Christmas Island and the Cocos (Keeling) Islands, and for other purposes
Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)
Contents
1 Short title...........................................................................................1 2 Commencement.................................................................................1 3 Schedule(s)........................................................................................3
Schedule 1—Amendments relating to Norfolk Island 4 Part 1—General amendments 4 Division 1—Amendment of the Norfolk Island Act 1979 4 Norfolk Island Act 1979 4 Division 2—Consequential amendments 19 Aboriginal and Torres Strait Islander Heritage Protection Act 1984 19 Environment Protection and Biodiversity Conservation Act 1999 19 Freedom of Information Act 1982 20 Hazardous Waste (Regulation of Exports and Imports) Act 1989 20 Historic Shipwrecks Act 1976 20 International Criminal Court Act 2002 20 International Transfer of Prisoners Act 1997 20 National Health Security Act 2007 21 Privacy Act 1988 21 Remuneration Tribunal Act 1973 21 Part 2—Amendments relating to elections 22 Division 1—Dates for elections 22 Norfolk Island Act 1979 22 Division 2—Other matters 22 Norfolk Island Act 1979 22 Part 3—Amendments relating to finance 24 Norfolk Island Act 1979 24 Part 4—Amendments relating to the Administrative Appeals Tribunal 49 Administrative Appeals Tribunal Act 1975 49 Part 5—Amendments relating to freedom of information 55 Freedom of Information Act 1982 55
Part 6—Amendments relating to the Ombudsman 72 Norfolk Island Act 1979 72 Ombudsman Act 1976 72 Part 7—Amendments relating to privacy 74
Australian Capital Territory Government Service (Consequential Provisions) Act 1994 74 Privacy Act 1988 74 Schedule 2—Amendments relating to Christmas Island 84 Christmas Island Act 1958 84
Schedule 3—Amendments relating to the Cocos (Keeling) Islands 88 Cocos (Keeling) Islands Act 1955 88
Territories Law Reform Act 2010
No. 139, 2010
An Act to amend the law relating to Norfolk Island, Christmas Island and the Cocos (Keeling) Islands, and for other purposes
[Assented to 10 December 2010]
The Parliament of Australia enacts:
1 Short title
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 | The day this Act receives the Royal Assent. | 10 December 2010 |
elsewhere covered | | |
by this table | | |
2. Schedule 1, Part 1 | The day after this Act receives the Royal Assent. | 11 December 2010 |
3. Schedule 1, Part 2 | The start of the first meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the day this Act receives the Royal Assent. | |
| The Minister must announce by notice in the Gazette the time of the start of the first | |
| meeting of the Legislative Assembly of Norfolk Island held after the first general election of the Legislative Assembly that occurs after the day this Act receives the Royal Assent. | |
| The notice is not a legislative instrument. | |
4. Schedule 1, Part 3 | The day after this Act receives the Royal Assent. | 11 December 2010 |
5. Schedule 1, Part 4 | 1 January 2011. | 1 January 2011 |
6. Schedule 1, items 155 to 175 | 1 January 2011. | 1 January 2011 |
7. Schedule 1, items 176 to 182 | Immediately after the commencement of item 3 of Schedule 2 to the Freedom of | 1 May 2011 |
| Information Amendment (Reform) Act 2010. | |
8. Schedule 1, items 183 to 239 | 1 January 2011. | 1 January 2011 |
9. Schedule 1, A single day to be fixed by Proclamation. Part 6
However, if any of the provision(s) do not Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | Date/Details |
10. Schedule 1, Part 7 | 1 January 2011. | 1 January 2011 |
11. Schedules 2 and 3 | The day after this Act receives the Royal Assent. | 11 December 2010 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in Column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
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.
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.
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”.
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)